Merchant Shipping Act 1995

143 Prosecutions and enforcement of fines. U.K.

(1) Proceedings for an offence under this Chapter may, in England and Wales be brought only—

(a) by or with the consent of the Attorney General, or

(b) if the offence is one to which subsection (4) below applies, by the harbour authority, or

(c) unless the offence is one mentioned in subsection (4)(b) or (c) below, by the Secretary of State or a person authorised by any general or special direction of the Secretary of State.

(2) Subject to subsection (3) below, proceedings for an offence under this Chapter may, in Northern Ireland, be brought only—

(a) by or with the consent of the Attorney General for Northern Ireland,

(b) if the offence is one to which subsection (4) below applies, by a harbour authority, or

(c) unless the offence is one mentioned in subsection (4)(b) or (c) below, by the Secretary of State or a person authorised by any general or special direction of the Secretary of State.

(3) Subsection (2) above shall have effect in relation to proceedings for an offence under section 131 relating to the discharge of oil or a mixture containing oil from a ship in a harbour in Northern Ireland as if the references in paragraph (c) to the Secretary of State were references to the Secretary of State or the Department of the Environment for Northern Ireland.

(4) This subsection applies to the following offences—

(a) any offence under section 131 which is alleged to have been committed by the discharge of oil, or a mixture containing oil, into the waters of a harbour in the United Kingdom;

(b) any offence in relation to a harbour in the United Kingdom under section 135 or 136; and

(c) any offence under section 142 relating to the keeping of records of the transfer of oil within such a harbour.

(5) The preceding provisions of this section shall apply in relation to any part of a dockyard port within the meaning of the M1 Dockyard Ports Regulation Act 1865 as follows—

(a) if that part is comprised in a harbour in the United Kingdom, the reference to the harbour authority shall be construed as including a reference to the Queen’s harbour master for the port;

(b) if that part is not comprised in a harbour in the United Kingdom, the references to such a harbour shall be construed as references to such a dockyard port and the reference to the harbour authority as a reference to the Queen’s harbour master for the port.

(6) Any document required or authorised, by virtue of any statutory provision, to be served on a foreign company for the purposes of the institution of, or otherwise in connection with, proceedings for an offence under section 131 alleged to have been committed by the company as the owner of the ship shall be treated as duly served on that company if the document is served on the master of the ship.

[F1 In this subsection “foreign company” means a company or body which is not one to which section 1139 of the Companies Act 2006 applies so as to authorise service of the document in question.]

(7) Any person authorised to serve any document for the purposes of the institution of, or otherwise in connection with, proceedings for an offence under this Chapter shall, for that purpose, have the right to go on board the ship in question.

Textual Amendments

F1 Words in s. 143(6) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 152(2) (with art. 10)

Modifications etc. (not altering text)

C1 S. 143(6) applied (with modifications) (1.7.1998) by S.I. 1998/1377, reg. 15(1)

C2 S. 143(6) applied (with modifications) (8.12.2008) by The Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008 (S.I. 2008/2924), regs. 1, 33 (with reg. 3)

C3 S. 143(6) applied (with modifications) (1.2.2009) by The Merchant Shipping (Prevention of Pollution by Sewage and Garbage from Ships) Regulations 2008 (S.I. 2008/3257), regs. 1(2), 43 (with reg. 6(17))

C4 S. 143(6) applied (with modifications) (1.12.2009) by The Merchant Shipping (Anti-Fouling Systems) Regulations 2009 (S.I. 2009/2796), regs. 1, 15 (with reg. 3)

C5 S. 143(6) applied (with modifications) (12.3.2018) by The Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk) Regulations 2018 (S.I. 2018/68), regs. 1(1), 39 (with reg. 5)

C6 S. 143(6) applied (with modifications) (1.3.2019) by The Merchant Shipping (Prevention of Oil Pollution) Regulations 2019 (S.I. 2019/42), regs. 1(1), 43 (with regs. 2, 5)

C7 S. 143(6) applied (with modifications) (22.7.2020) by The Merchant Shipping (Prevention of Pollution by Sewage from Ships) Regulations 2020 (S.I. 2020/620), regs. 1(2), 34

C8 S. 143(6) applied (with modifications) (22.7.2020) by The Merchant Shipping (Prevention of Pollution by Garbage from Ships) Regulations 2020 (S.I. 2020/621), regs. 1(2), 25

C9 S. 143(6) applied (with modifications) (29.7.2022) by The Merchant Shipping (Control and Management of Ships’ Ballast Water and Sediments) Regulations 2022 (S.I. 2022/737), regs. 1(1), 48 (with reg. 4)

C10 S. 143(6): power to apply (with modifications) conferred (15.12.2022) by The Merchant Shipping (Control of Harmful Anti-Fouling Systems on Ships) Order 2022 (S.I. 2022/1334), arts. 1(1), 4(e)(i)

Marginal Citations

M1 1865 c. 125.