Shipping and Trading Interests (Protection) Act 1995

a foreign government, or

persons purporting to exercise governing authority over any territory outside the United Kingdom, or

any agency or authority of a foreign government or of such persons,

to determine what further action to take under this section, and

to ensure compliance with any orders or directions made or given under this section.

regulating the provision of any shipping services and the rates, fares or other amounts which may or must be charged for providing those services;

regulating the making and implementation of agreements (including charter-parties) whose subject matter relates directly or indirectly to the provision of any shipping services, and requiring such agreements to be subject to the Secretary of State’s approval in such cases as he may specify;

imposing charges in respect of ships which enter United Kingdom ports in connection with the provision of any shipping services;

imposing, in pursuance of any F1EU obligation, such tax or duty payable by such persons and in such circumstances as the Secretary of State may specify;

may be either general or special, and may be subject to such conditions or exceptions as the Secretary of State specifies (including conditions and exceptions operating by reference to the giving or withholding of his approval for any course of action);

may be in terms that require compliance either generally or only in specified cases.

“foreign government” means the government of any State other than the United Kingdom;

references to an agency or authority of a foreign government or of such persons as are mentioned in subsection (1)(b) above include references to any undertaking appearing to the Secretary of State to be, or to be acting on behalf of, an undertaking which is in effect owned or controlled (directly or indirectly) by a State other than, or by a territory outside, the United Kingdom;

“port” includes an offshore terminal, and references to entering or leaving a port include references to using or ceasing to use an offshore terminal;

“shipping services” means services provided by means of ships, and includes the carriage of goods or passengers by sea, cable laying, dredging, and services provided by offshore support vessels; and

references to ships are to ships of any registration.

a foreign government, or

such persons as are mentioned in subsection (1)(b) above, or

an agency or authority of a foreign government or of such persons,

may apply to ships of any description specified in the order, and may apply in particular to ships registered in a specified country, or to ships carrying goods or cargoes of a specified description or providing any other specified shipping services;

may contain such provisions as appear to the Secretary of State expedient to enable the Commissioners of Customs and Excise to collect any charge, tax or duty imposed by the order; and

may apply, subject to any modifications or exceptions specified in the order, any of the enactments for the time being in force relating to duties (whether of customs or excise) chargeable on goods imported into the United Kingdom.

may be a fixed amount, or an amount depending on the tonnage of the ship;

shall be payable to the Secretary of State.

with the consent of the person from whom the information was obtained, or

in connection with the execution of section 1 or 2, or

for the purposes of any legal proceedings arising out of this section or of any report of such proceedings, or

in pursuance of a F1EU obligation to a F1EU institution,

refuses or intentionally neglects to furnish any information which he is required to furnish under section 1 or 2, or

in furnishing any such information makes any statement which he knows to be false in a material particular, or recklessly makes any statement which is false in a material particular,

on summary conviction, to a fine of not more than £5,000;

on conviction on indictment, to a fine;

a draft has been approved by resolution of each House of Parliament, or

it is declared in the order that it appears to the Secretary of State that by reason of urgency it is necessary to make the order without a draft having been so approved.

the carriage of passengers by sea on voyages or excursions beginning and ending at the same port in the United Kingdom, other than voyages or excursions which involve calling at any port or ports outside the British Islands (whether passengers disembark there or not); and

with respect to the circumstances in which shipping services are to be regarded for the purposes of the order as being provided from one or more permanent places of business maintained in the British Islands;

authorising the Secretary of State to issue licences sanctioning the provision of shipping services to which this section applies, notwithstanding that they are not provided as mentioned in paragraph (a) above, in cases where he is satisfied that there is no-one willing and able to provide the services in question as mentioned in that paragraph;

requiring the payment, in connection with applications for such licences, of fees determined with the approval of the Treasury;

exempting any prescribed class or description of shipping services from any prohibition imposed by virtue of subsection (1) above;

authorising the Secretary of State, or a person appointed by him for the purpose, to serve notices requiring the production or furnishing of documents or information appearing to the Secretary of State or any such person to be necessary to enable him to determine such matters as may be prescribed;

with respect to the manner of service of notices in pursuance of paragraph (e) above.

make different provision for different circumstances;

make such transitional, incidental or supplementary provision as appears to the Secretary of State to be necessary or expedient.

any order under this section, or

any licence issued by virtue of subsection (3)(b) above,

the carriage of goods or passengers by sea;

services provided by offshore support vessels, and

such other services provided by means of ships as the Secretary of State may specify in an order under this section;

• “United Kingdom controlled waters” means waters within the seaward limits of the territorial sea of the United Kingdom and waters in any area designated under section 1(7) of the M4Continental Shelf Act 1964.

any ship is used in the course of the provision of any shipping services to which section 5 applies, or

anything is done on board a ship with a view to its being used to provide such services,

is chartered by demise, or

is managed, either wholly or in part, by a person other than the owner under the terms of a management agreement,

in connection with an application for such a licence as is mentioned in section 5(3)(b), or

in purported compliance with the requirements of any notice served on him by virtue of section 5(3)(e),

without reasonable excuse (the proof of which lies on him) fails to comply with the requirements of any such notice, or

intentionally alters, suppresses, conceals or destroys a document which he has been required to produce in pursuance of section 5(3)(e),

on summary conviction, to F3a fine not exceeding £50,000F3a fine;

on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both.

that he did not know and had no reason to suspect that, in the circumstances of the case, the provision of the shipping services referred to in paragraph (a) or (as the case may be) paragraph (b) of that subsection was prohibited by virtue of section 5(1), or

that he had reasonable grounds for believing that the provision of those services was sanctioned by a licence issued by virtue of section 5(3)(b).

in England and Wales, except by or with the consent of the Attorney General or the Secretary of State; or

in Northern Ireland, except by or with the consent of the Attorney General for Northern Ireland or the Secretary of State.

the owner of the ship in question, or

such a charterer by demise or manager of that ship as is mentioned in subsection (2) of that section,