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Protection of Wrecks Act 1973

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3 Supplementary provisions.E+W+S+N.I.

(1)In this Act—

  • United Kingdom waters” means any part of the sea within the seaward limits of United Kingdom territorial waters and includes any part of a river within the ebb and flow of ordinary spring tides;

  • the sea” includes any estuary or arm of the sea; and references to the sea bed include any area submerged at high water of ordinary spring tides.

(2)An order under section 1 or section 2 above shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament and may be varied or revoked by a subsequent order under the section; and the Secretary of State shall revoke any such order if—

(a)in the case of an order under section 1 designating a restricted area, he is of opinion that there is not, or is no longer, any wreck in the area which requires protection under this Act;

(b)in the case of an order under section 2 designating a prohibited area, he is satisfied that the vessel is no longer in a condition which makes it a potential danger to life or property.

(3)Nothing is to be regarded as constituting an offence under this Act where it is done by a person—

(a)in the course of any action taken by him for the sole purpose of dealing with an emergency of any description; or

(b)in exercising, or seeing to the exercise of, functions conferred by or under an enactment (local or other) on him or a body for which he acts; or

(c)out of necessity due to stress of weather or navigational hazards.

(4)A person guilty of an offence under section 1 or section 2 above shall be liable on summary conviction to a fine of not more than £400, or on conviction on indictment to a fine; and proceedings for such an offence may be taken, and the offence may for all incidental purposes be treated as having been committed, at any place in the United Kingdom where he is for the time being.

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