Merchant Shipping Act 1995

137Shipping casualties

(1)The powers conferred by this section shall be exercisable where—

(a)an accident has occurred to or in a ship; and

(b)in the opinion of the Secretary of State oil from the ship will or may cause pollution on a large scale in the United Kingdom or in United Kingdom waters; and

(c)in the opinion of the Secretary of State the use of the powers conferred by this section is urgently needed;

but those powers are subject to the limitations contained in subsections (6) and (7) below.

(2)For the purpose of preventing or reducing oil pollution, or the risk of oil pollution, the Secretary of State may give directions as respects the ship or its cargo—

(a)to the owner of the ship, or to any person in possession of the ship; or

(b)to the master of the ship; or

(c)to any salvor in possession of the ship, or to any person who is the servant or agent of any salvor in possession of the ship, and who is in charge of the salvage operation.

(3)Directions under subsection (2) above may require the person to whom they are given to take, or refrain from taking, any action of any kind whatsoever, and without prejudice to the generality of the preceding provisions of this subsection the directions may require—

(a)that the ship is to be, or is not to be, moved, or is to be moved to a specified place, or is to be removed from a specified area or locality; or

(b)that the ship is not to be moved to a specified place or area, or over a specified route; or

(c)that any oil or other cargo is to be, or is not to be, unloaded or discharged; or

(d)that specified salvage measures are to be, or are not to be, taken.

(4)If in the opinion of the Secretary of State the powers conferred by subsection (2) above are, or have proved to be, inadequate for the purpose, the Secretary of State may, for the purpose of preventing or reducing oil pollution, or the risk of oil pollution, take, as respects the ship or its cargo, any action of any kind whatsoever, and without prejudice to the generality of the preceding provisions of this subsection the Secretary of State may—

(a)take any such action as he has power to require to be taken by a direction under this section;

(b)undertake operations for the sinking or destruction of the ship, or any part of it, of a kind which is not within the means of any person to whom he can give directions;

(c)undertake operations which involve the taking over of control of the ship.

(5)The powers of the Secretary of State under subsection (4) above shall also be exercisable by such persons as may be authorised for the purpose by the Secretary of State.

(6)Every person concerned with compliance with directions given, or with action taken, under this section shall use his best endeavours to avoid any risk to human life.

(7)The provisions of this section and of section 141 are without prejudice to any rights or powers of Her Majesty’s Government in the United Kingdom exercisable apart from those sections whether under international law or otherwise.

(8)It is hereby declared that any action taken as respects a ship which is under arrest or as respects the cargo of such a ship, being action duly taken in pursuance of a direction given under this section, or being any action taken under subsection (4) or (5) above—

(a)does not constitute contempt of court; and

(b)does not in any circumstances make the Admiralty Marshal liable in any civil proceedings.

(9)In this section, unless the context otherwise requires—

• “accident” includes the loss, stranding, abandonment of or damage to a ship;

• “owner”, in relation to the ship to or in which an accident has occurred, includes its owner at the time of the accident; and

• “specified” in relation to a direction under this section, means specified by the direction;

and the reference in subsection (8) above to the Admiralty Marshal includes a reference to the Admiralty Marshal of the Supreme Court of Northern Ireland.