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Merchant Shipping Act 1995
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- 1995 c. 21
- Schedule 11A
- Ships in respect of which charges may be imposed
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- Act power to modify or apply conferred by 2006 c. 8 s. 1(5)
- Blanket amendment text amended by S.I. 2011/1043 art. 3 6
- Act words substituted by 2005 c. 4 Sch. 11 para. 6
- Blanket Amendment words substituted by 2005 c. 4 Sch. 11 para. 1(2)
- Blanket Amendment words substituted by 2005 c. 4 Sch. 11 para. 5
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 9A inserted by 2011 c. 8 s. 1(2)
- s. 108A inserted by 2003 c. 16 s. 1(1)
- s. 153A inserted by S.I. 2006/1244 reg. 5
- s. 156A inserted by S.I. 2006/1244 reg. 9
- s. 163A inserted by S.I. 2006/1244 reg. 17
- s. 163A(8) words substituted by S.I. 2009/1941 Sch. 1 para. 152(3)
- s. 176A 176B inserted by S.I. 2006/1265 art. 6
- Sch. 3A inserted by 2003 c. 16 Sch. 1
- Sch. 3A para. 1(2)(da) inserted by S.I. 2004/2110 reg. 22(1)
- Sch. 3A para. 11 substituted by S.I. 2009/1941 Sch. 1 para. 152(5)
- Sch. 5ZA inserted by S.I. 2006/1265 art. 12 Sch.
- Sch. 11ZA inserted by 2011 c. 8 s. 1(4) Sch.
Commencement Orders yet to be applied to the Merchant Shipping Act 1995:
Commencement Orders
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Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2003/3142 art. 2-4 commences (2002 c. 11 and 2003 c. 21)
- S.I. 2004/827 art. 2-4 commences (2003 c. 20)
- S.I. 2004/2304 art. 2 commences (2004 c. 21)
- S.I. 2004/2917 art. 2 commences (2004 c. 21)
- S.I. 2005/910 art. 3 commences (2003 c. 39)
- S.I. 2005/1126 art. 2 commences (2005 c. 11)
- S.I. 2006/1014 art. 2 Sch. 1 2 commences (2005 c. 4)
- S.I. 2007/204 art. 2-4 commences (2006 c. 28)
- S.I. 2007/499 art. 2 commences (2006 c. 45)
- S.I. 2007/1030 art. 2 commences (2006 c. 45)
- S.I. 2007/1375 art. 2 commences (2006 c. 28)
- S.I. 2008/1653 art. 2 commences (2007 c. 15)
- S.I. 2009/1604 art. 2 commences (2005 c. 4)
- S.I. 2009/3345 art. 2 commences (2009 c. 23)
- S.I. 2010/298 art. 2 Sch. commences (2009 c. 23)
- S.I. 2011/2329 art. 2 3 commences (2011 c. 5)
- S.S.I. 2005/392 art. 2 commences (2005 asp 5)
- S.S.I. 2011/268 art. 6 commences (2011 asp 7)
- S.R. 2006/257 art. 2 commences (S.I. 2006/1254 (N.I.))
Ships in respect of which charges may be imposedE+W+S+N.I.
4(1)Regulations under this Schedule may not require a charge to be paid except in respect of—E+W+S+N.I.
(a)a ship which has entered a port in the United Kingdom,
(b)a ship which is anchored off a port in the United Kingdom, or
(c)a ship which is anchored within 500 metres of an installation which is in United Kingdom waters or a part of the sea specified by virtue of section 129(2)(b).
(2)Nothing in any regulations under this Schedule shall be construed as requiring a charge to be paid in respect of a qualifying foreign ship which is exercising—
(a)the right of innocent passage, or
(b)the right of transit passage through straits used for international navigation,
except to the extent that international law allows such a charge to be imposed.
(3)Subject to sub-paragraphs (1) and (2) above, the regulations may impose a charge in respect of such description of ship as may be prescribed.
(4)In particular—
(a)regulations may impose a charge in respect of a ship even though no service has been provided or function exercised in the case of that ship; and
(b)regulations may provide that no charge is imposed in respect of a ship which does not exceed a prescribed tonnage or does not exceed a prescribed length.
(5)For the purposes of sub-paragraph (1)(a) above, the circumstances in which a ship shall be regarded as entering a port in the United Kingdom include circumstances in which the ship enters any United Kingdom waters which are regulated or managed by a harbour authority.
(6)In sub-paragraph (1)(c) above “installation” means an installation which—
(a)is an offshore installation within the meaning of the M1Mineral Workings (Offshore Installations) Act 1971; or
(b)is to be taken to be an installation for the purposes of sections 21 to 23 of the M2Petroleum Act 1987.
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