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Merchant Shipping Act 1974

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This is the original version (as it was originally enacted).

Section 14(12).

SCHEDULE 4Protection of Shipping and Trading Interests

Customs powers

1(1)An order made under the principal section with the consent of the Commissioners of Customs and Excise may provide for the enforcement and execution of any order or direction under the principal section by officers of customs and excise.

(2)Officers of customs and excise acting under any provision made under sub-paragraph (1) above shall have power to enter any premises or Vessel.

(3)Section 53 of the [1952 c. 44.] Customs and Excise Act 1952 (power to refuse or cancel clearance of ship or aircraft) shall apply as if the principal section and this Schedule were contained in that Act.

Orders imposing charges

2(1)An order under subsection (3)(d) of the principal section—

(a)may apply to ships of any description specified in the order, and may apply in particular to ships registered in a specified country, or ships carrying specified goods or cargoes, and

(b)may contain such provisions as appear to the Secretary of State expedient to enable the Commissioners of Customs and Excise to collect any charge imposed by the order, and

(c)may apply any of the provisions of the customs Acts which relate to duties of customs, subject to any modifications or exceptions specified in the order.

(2)The charge so imposed may be a fixed amount, or may be an amount depending on the tonnage of the ship.

(3)Any such charge shall be payable to the Secretary of State.

Criminal proceedings

3A person shall not be guilty of an offence against any provision contained in or having effect under the principal section or this Schedule by reason only of something done by that person wholly outside the area of the United Kingdom unless that person is a British subject or a company incorporated under the law of any part of the United Kingdom.

Interpretation

4In the principal section " port" includes an off-shore terminal, and references to entering or leaving a port shall include references to using or ceasing to use an off-shore terminal.

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