Part IV Safety

Safety and Health on Ships

87 Provisions supplementary to section 85: dangerous goods.

1

Where any dangerous goods have been sent or carried, or attempted to be sent or carried, on board any ship, whether or not a United Kingdom ship—

a

without being marked as required by safety regulations,

b

without such notice having been given as is required by safety regulations,

c

under a false description, or

d

with a false description of their sender or carrier,

any court having Admiralty jurisdiction may declare the goods, and any package or receptacle in which they are contained, to be forfeited.

2

On a declaration of forfeiture being made, the goods shall be forfeited and they shall be disposed of as the court directs.

3

The powers conferred on the court by subsections (1) and (2) above are exercisable notwithstanding that the owner of the goods—

a

has not committed any offence under safety regulations relating to dangerous goods;

b

is not before the court; and

c

has no notice of the proceedings;

and notwithstanding that there is no evidence to show to whom the goods belong.

4

Nevertheless, the court may, in their discretion, require such notice as they may direct to be given to the owner or shipper of the goods before they are forfeited.

5

In this section “dangerous goods” means goods designated as dangerous goods by safety regulations.