Merchant Shipping Act 1995

Changes over time for: Section 265

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Merchant Shipping Act 1995, Section 265 is up to date with all changes known to be in force on or before 19 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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s. 145(2)(a)(ia) inserted by 2003 c. 44 Sch. 36 para. 13(2)
s. 145(2)(a)(ia) words substituted by 2015 c. 2 Sch. 11 para. 16(2) (This amendment not applied to legislation.gov.uk. The insertion of s. 145(2)(a)(ia) by 2003 c. 44, Sch. 36 para. 13 is still prospective.)
s. 145(2A) inserted by 2003 c. 44 Sch. 36 para. 13(3)
s. 145(2A) words substituted by 2015 c. 2 Sch. 11 para. 16(3) (This amendment not applied to legislation.gov.uk. The insertion of s. 145(2A) by 2003 c. 44, Sch. 36 para. 13 is still prospective.)

265 Compensation in connection with invalid prohibition notices.U.K.

(1)If on a reference under section 264 relating to a prohibition notice—

(a)the arbitrator decides that any reason or matter did not constitute a valid basis for the inspector’s opinion, and

(b)it appears to him that there were no reasonable grounds for the inspector to form that opinion,

the arbitrator may, subject to subsection (3) below, award the person on whom the notice was served such compensation in respect of any loss suffered by him in consequence of the service of the notice as the arbitrator thinks fit.

(2)If on any such reference the arbitrator decides that any direction included in the notice was unreasonable, the arbitrator may, subject to subsection (3) below, award the person on whom the notice was served such compensation in respect of any loss suffered by him in consequence of the direction as the arbitrator thinks fit.

(3)An arbitrator shall not award any compensation under subsection (1) or (2) above in the case of any prohibition notice unless—

(a)it appears to him that the direction given in pursuance of section 262(3)(d) contained any such requirement as is mentioned in subparagraph (ii) of that provision; or

(b)it appears to him that—

(i)the inspector was of the opinion that there would be such a risk of injury or pollution as is referred to in the notice if the ship went to sea, and

(ii)the effect of the direction given in pursuance of section 262(3)(d) was to prohibit the departure of the ship unless the matters, or (as the case may be) the matters and contraventions, referred to in the direction were remedied.

(4)Any compensation awarded under this section shall be payable by the Secretary of State.

(5)In the application of this section to Scotland any reference to an arbitrator shall be construed as a reference to an arbiter.

Modifications etc. (not altering text)

C1Ss. 264-266 applied (with modifications) (16.2.2001) by S.I. 2001/152, reg. 9(3)

C2Ss. 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

C3Ss. 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

C4Ss. 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

C5Ss. 261-266 applied (with modifications) (1.12.2009) by The Merchant Shipping (Anti-Fouling Systems) Regulations 2009 (S.I. 2009/2796), regs. 1, 10(5) (with reg. 3)

C6Ss. 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)

C7Ss. 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)

C8Ss. 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)

C9Ss. 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)