Part X

Enforcement Officers and Powers

Inspection etc powers

Powers to inspect ships and their equipment, etc.
258
1
For the purposes of seeing that the provisions of this Act other than sections 131 to 141 and sections 143 to 151 and the provisions of regulations and rules made under this Act (other than those sections) are complied with or that the terms of any approval, licence, consent, direction or exemption given by virtue of such regulations are duly complied with, the following persons, namely—
a
a surveyor of ships,
b
a superintendent,
c
any person appointed by the Secretary of State, either generally or in a particular case, to exercise powers under this section,
may at all reasonable times go on board a ship in the United Kingdom or in United Kingdom waters and inspect the ship and its equipment or any part thereof, any articles on board and any document carried in the ship in pursuance of this Act . . . or in pursuance of regulations or rules under this Act . . ..
1A
The powers conferred by subsection (1) above are not exercisable in relation to a qualifying foreign ship while the ship is exercising—
a
the right of innocent passage, or
b
the right of transit passage through straits used for international navigation.
2
The powers conferred by subsection (1) above are, if the ship is a United Kingdom ship, also exercisable outside United Kingdom waters and may be so exercised by a proper officer as well as the persons mentioned in that subsection.
3
A person exercising powers under this section shall not unnecessarily detain or delay a ship but may, if he considers it necessary in consequence of an accident or for any other reason, require a ship to be taken into dock for a survey of its hull or machinery.
4
Where any such person as is mentioned in subsection (1) above has reasonable grounds for believing that there are on any premises provisions or water intended for supply to a United Kingdom ship which, if provided on the ship, would not be in accordance with safety regulations containing requirements as to provisions and water to be provided on ships he may enter the premises and inspect the provisions or water for the purpose of ascertaining whether they would be in accordance with the regulations.
5
If any person obstructs a person in the exercise of his powers under this section, or fails to comply with a requirement made under subsection (3) above, he shall be liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.
Words in s. 258(1) substituted (23.3.1997) by 1997 c. 28, s. 9, Sch. 1 para. 4(2)(a); S.I. 1997/1082, art. 2, Sch.
Words in s. 258(1) inserted (23.3.1997) by 1997 c. 28, s. 9, Sch. 1 para. 4(2)(b); S.I. 1997/1082, art. 2, Sch.
Words in s. 258(1) omitted (23.3.1997) by virtue of 1997 c. 28, s. 9, Sch. 1 para. 4(2)(c); S.I. 1997/1082, art. 2, Sch. and repealed (17.7.1997) by 1997 c. 28, s. 29(2), Sch. 7 Pt. I; S.I. 1997/1539, art. 2, Sch.
S. 258(1A) inserted (23.3.1997) by 1997 c. 28, s. 9, Sch. 1 para. 4(3); S.I. 1997/1082, art. 2, Sch.
Words in s. 258(2) substituted (23.3.1997) by 1997 c. 28, s. 9, Sch. 1 para. 4(4); S.I. 1997/1082, art. 2, Sch.
Ss. 258-266 applied (with application in accordance with reg. 4 of the amending S.I.) by The Merchant Shipping and Fishing Vessels (Control of Noise at Work) Regulations 2007 (S.I. 2007/3075), regs. 1, 19
Ss. 258-266 applied (with application in accordance with reg. 4 of the amending S.I.) by The Merchant Shipping and Fishing Vessels (Control of Vibration at Work) Regulations 2007 (S.I. 2007/3077), regs. 1, 18
Ss. 258-266 applied (1.3.2008) by The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Carcinogens and Mutagens) Regulations 2007 (S.I. 2007/3100), regs. 1, 22
S. 258 applied (with modifications) (8.12.2008) by The Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008 (S.I. 2008/2924), regs. 1, 26 (with reg. 3)
S. 258 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), 36 (with reg. 6(17))
S. 258 applied in part (with modifications) (1.12.2009) by The Merchant Shipping (Anti-Fouling Systems) Regulations 2009 (S.I. 2009/2796), regs. 1, 10(2) (with reg. 3)
Ss. 258-266 applied (6.4.2010) by The Merchant Shipping (Maritime Labour Convention) (Medical Certification) Regulations 2010 (S.I. 2010/737), regs. 1(1), 19 (with reg. 5)
Ss. 258-266 applied (with modifications) (6.4.2010) by The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Chemical Agents) Regulations 2010 (S.I. 2010/330), regs. 1, 20 (with regs. 4, 5)
Ss. 258-266 applied (with modifications) (6.4.2010) by The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Work at Height) Regulations 2010 (S.I. 2010/332), regs. 1, 22 (with regs. 4, 5)
Ss. 258-266 applied (with modifications) (6.4.2010) by The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Biological Agents) Regulations 2010 (S.I. 2010/323), regs. 1, 27 (with regs. 4, 5)
Ss. 258-266 applied (10.1.2011) by The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Asbestos) Regulations 2010 (S.I. 2010/2984), regs. 1, 26
Ss. 258-266 applied (10.1.2011) by The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Artificial Optical Radiation) Regulations 2010 (S.I. 2010/2987), regs. 1, 16