- a relevant limit
means any of the limits for the time being specified in article 9, paragraph 1 and article 14, paragraph 5 of the Convention.
- accident
means any accident to which regulations under that section apply or any incident or situation to which any such regulations apply by virtue of subsection (5) of that section.
- Affected State
means the State in whose Convention area the wreck is located.
- alteration
includes deterioration;
- apparatus
includes any vessel, vehicle or hovercraft, any structure, any diving plant or equipment and any other form of equipment;
- appropriate load line
means the load line which, in accordance with the certificate, indicates the maximum depth to which the ship may be loaded in salt water in those circumstances.
- appropriate local policing body
has the same meaning as in the Riot Compensation Act 2016 (see section 1(3) of that Act).
- area
means— and for the purposes of subsection (2)(b) above and paragraph (c) above “existing” means existing for the purposes of the 1894 Act immediately before the repeal of that Act by this Act.
- barge
includes a lighter and any similar vessel.
- British connection
has the meaning given in section 9(9);
- British fishing boat
means a fishing boat which either is registered under Part II of the Merchant Shipping Act 1995 or is wholly British-owned”
- British seamen
means persons who are not aliens within the meaning of the British Nationality Act 1981 and are employed, or ordinarily employed, as masters or seamen.
- British ship
has the meaning given in section 1(1);
- bunker oil
means any hydrocarbon mineral oil (including lubricating oil) which is carried by a ship and used or intended to be used for the operation or propulsion of that ship and any residues of such oil;
- Bunkers Convention country
means a country in respect of which the Bunkers Convention is in force;
- Bunkers Convention State
means a State which is a party to the Bunkers Convention;
- buoys and beacons
includes equipment which is intended as an aid to the navigation of ships and, subject to that, expressions used in this paragraph and in Part VIII of this Act have the same meaning as in that Part.
- certificate
means a certificate of competency under the regulations;
- charges in respect of navigational aids
means general light dues, local light dues and any other charges payable in respect of lighthouses, buoys or beacons.
- clearance
includes transire;
- coastal
means adjacent to or accessible from United Kingdom waters over which the public are permitted to navigate.
- collecting authority
means— (a) the Secretary of State, (b) a Departmental officer, and (c) a general lighthouse authority;
- colours
includes any pendant.
- commissioned military officer
means a commissioned officer in Her Majesty’s land forces on full pay;
- commissioned naval officer
means a commissioned officer of Her Majesty’s Navy on full pay;
- company
means a body incorporated under the law of the United Kingdom, or of any other country;
- competent authority
means any officer mentioned in section 284(1);
- conservancy authority
includes all persons entrusted with the function of conserving, maintaining or improving the navigation of a tidal water (as defined in section 255);
- Contracting Government
means any such Government as is referred to in (a) above.
- contravention
includes failure to comply (and “failure” includes refusal);
- controlled
includes controlled by means of a licence granted by the Office of Communications;
- controlled station for wireless telegraphy
means such a station controlled by the Secretary of State or by the Office of Communications;
- Convention area
means the exclusive economic zone of a State Party, established in accordance with international law or, if a State Party has not established such a zone, an area beyond and adjacent to the territorial sea of that State determined by that State in accordance with international law and extending not more than 200 nautical miles from the baselines from which the breadth of its territorial sea is measured.
- Convention country
means a country or territory which is either— and “Contracting Government” means any such Government as is referred to in (a) above.
- Convention ship
means a ship registered in—
- council
means a council constituted under section 2 of the Local Government etc.
- country
includes “territory”.
- crew accommodation
includes sleeping rooms, mess rooms, sanitary accommodation, hospital accommodation, recreation accommodation, store rooms and catering accommodation provided for the use of seamen but does not include any accommodation which is also used by or provided for the use of passengers.
- crew agreement
has the meaning given to it by section 25(2);
- crude oil
means any liquid hydrocarbon mixture occurring naturally in the earth whether or not treated to render it suitable for transportation, and includes—
- damage
includes loss;
- dangerous goods
means goods designated as dangerous goods by safety regulations.
- deck-line
means such a mark as is referred to in sub-paragraph (2)(c) above, and “load lines” means such lines as are referred to in sub-paragraph (2)(d) above.
- Departmental inspector
means an inspector appointed under subsection (1) above;
- Departmental officer
means any officer of the Secretary of State discharging functions of his for the purposes of this Act;
- detained property
means property detained by the receiver under section 226(2).
- dock
includes wet docks and basins, tidal docks and basins, locks, cuts, entrances, dry docks, graving docks, gridirons, slips, quays, wharves, piers, stages, landing places and jetties;
- existing
means existing for the purposes of the 1894 Act immediately before the repeal of that Act by this Act.
- failure
includes refusal);
- fishing vessel
means a vessel for the time being used (or, in the context of an application for registration, intended to be used) for, or in connection with fishing for sea fish other than a vessel used (or intended to be used) for fishing otherwise than for profit;
- freight
includes passage money and hire.
- fuel oil
means heavy distillates or residues from crude oil or blends of such materials intended for use as a fuel for the production of heat or power of a quality equivalent to the “American Society for Testing and Materials’ Specification for Number Four Fuel Oil (Designation D396-69)”, or heavier,
- Fund Convention country
means a country in respect of which the Fund Convention is in force.
- general light dues
has the meaning given in section 205(1);
- goods
includes wares and merchandise.
- Government ship
has the meaning given in section 308;
- Government ships
means ships not forming part of Her Majesty’s Navy which belong to Her Majesty, or are held by any person on behalf of or for the benefit of the Crown (and for that reason cannot be registered under Part II).
- guarantor
means any person providing insurance or other financial security to cover the owner’s liability of the kind described in section 163;
- harbour
includes estuaries, navigable rivers, piers, jetties and other works in or at which ships can obtain shelter or ship and unship goods or passengers;
- harbour authority
includes all persons entrusted with the function of constructing, improving, managing, regulating, maintaining or lighting a harbour;
- harbour in the United Kingdom
means a port, estuary, haven, dock or other place the waters of which are within United Kingdom national waters and in respect of entry into or the use of which by ships a person or body of persons is empowered by an enactment (including a local enactment) to make any charges other than charges in respect of navigational aids or pilotage;
- harbour master
includes a dock master or pier master, and any person specially appointed by a harbour authority for the purpose of enforcing the provisions of this Chapter in relation to the harbour;
- Hazard
means any condition or threat that:
- hazardous substance
means—
- Health and Social Care trust
means a Health and Social Care trust established under the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1)).
- importer
means the person by whom or on whose behalf the oil in question is entered for customs or excise purposes on importation, and “import” shall be construed accordingly;
- incident
means any occurrence, or series of occurrences having the same origin, resulting in a discharge or escape of oil from a ship or in a relevant threat of contamination;
- installation
means an installation which—
- insurer
means the person providing the insurance or other security, and • “wreck removal insurance certificate” means a certificate required by subsection (2)(b) or (3)(b).
- international instrument
means an international convention or treaty or an instrument made under such a convention or treaty except that “international instrument” does not include an EU instrument;
- international voyage
means a voyage between—
- land transaction
has the meaning given in section 43(1) of the Finance Act 2003;
- land transaction return
has the meaning given by section 76(1) of that Act.
- Liability Convention country
means a country in respect of which the Liability Convention is in force;
- Liability Convention State
means a State which is a party to the Liability Convention.
- lighthouse
includes any floating and other light exhibited for the guidance of ships, and also any sirens and any other description of fog signals, and also any addition to a lighthouse of any improved light, or any siren, or any description of fog signal;
- load lines
means such lines as are referred to in sub-paragraph (2)(d) above.
- local enactment
means a local or private Act, or an order confirmed by Parliament or brought into operation in accordance with special Parliamentary procedure;
- marine pollution
means pollution caused by ships, offshore installations or submarine pipelines affecting or likely to affect the United Kingdom or United Kingdom waters or controlled waters;
- marine related business
means any trade, business or other activity concerned with the manufacture of, or the provision of goods and services for, or the operation or use of, ships and includes maritime educational establishments, marine classification societies, marine equipment suppliers, marine surveyors, marine and naval architects, marine insurance companies, protection and indemnity clubs, providers of maritime financial or legal services, the operators of ports and harbours and shipbrokers.
- Maritime casualty
means a collision of ships, stranding or other incident of navigation, or other occurrence on board a ship or external to it, resulting in material damage or imminent threat of material damage to a ship or its cargo.
- maritime functions
means—
- master
includes every person (except a pilot) having command or charge of a ship and, in relation to a fishing vessel, means the skipper;
- Minister of the Crown
has the same meaning as in the Ministers of the Crown Act 1975;
- non-United Kingdom ship
means a ship which is not registered in the United Kingdom;
- non-United Kingdom ships
means ships which are not registered in the United Kingdom.
- offshore installation
means any mobile or fixed drilling or production platform or any other platform used in connection with the exploration, exploitation or associated offshore processing of sea bed mineral resources.
- oil
means crude oil and fuel oil, and
- oil residues
means any waste consisting of, or arising from, oil or a mixture containing oil;
- Operator of the ship
means the owner of the ship or any other organization or person such as the manager, or the bareboat charterer, who has assumed the responsibility for operation of the ship from the owner of the ship and who, on assuming such responsibility, has agreed to take over all duties and responsibilities established under the International Safety Management Code, as amended.
- Organization
means the International Maritime Organization.
- owner
has the meaning given by section 153A(7);
- owners of any dock or canal
includes any authority or person having the control and management of any dock or canal, as the case may be.
- pipeline
has the same meaning as in Part III of the Petroleum Act 1998 and “submarine” means in, under or over United Kingdom waters or controlled waters;
- place on land
includes anything resting on the bed or shore of the sea, or of any other waters included in United Kingdom national waters, and also includes anything afloat (other than a ship) if it is anchored or attached to the bed or shore of the sea or any such waters.
- pollution damage
means— but does not include any damage attributable to any impairment of the environment except to the extent that any such damage consists of— • “preventive measures” means any reasonable measures taken by any person to prevent or minimise pollution damage, being measures taken— • “relevant threat of contamination” means a grave and imminent threat of damage being caused outside a ship by contamination resulting from a discharge or escape of oil from the ship;
- port
includes place;
- post-1966 Convention ship
means a ship whose keel is laid, or which is at a similar stage of construction, on or after the material date;
- pre-1966 Convention ship
means a ship which is not a post-1966 Convention ship;
- pre-1979 certificate
means a certificate granted under section 93, 99 or 414 of the Merchant Shipping Act 1894, a certificate referred to in an Order in Council made under section 102 of that Act, a certificate granted under section 27(2) of the Merchant Shipping Act 1906 or by an institution approved in pursuance of that subsection and a certificate granted under section 5 of the Merchant Shipping Act 1948.
- prescribe
means prescribe by regulations;
- prescribed
means prescribed by the regulations;
- preventive measures
means any reasonable measures taken by any person to prevent or minimise pollution damage, being measures taken— • “relevant threat of contamination” means a grave and imminent threat of damage being caused outside a ship by contamination resulting from a discharge or escape of oil from the ship;
- proper officer
means a consular officer appointed by Her Majesty’s Government in the United Kingdom and, in relation to a port in a country outside the United Kingdom which is not a foreign country, also any officer exercising in that port functions similar to those of a superintendent;
- qualified
means qualified for the purposes of section 47.
- qualified owners
means persons of such description qualified to own British ships as is prescribed by regulations made by the Secretary of State for the purposes of that paragraph;
- qualifying foreign ship
means any ship other than—
- receiver
means a receiver of wreck appointed under section 248;
- registered mortgage
has the same meaning as in that Schedule.
- Registered owner
means the person or persons registered as the owner of the ship or, in the absence of registration, the person or persons owning the ship at the time of the maritime casualty.
- registration regulations
means regulations under section 10;
- regulations
means regulations under section 84A.
- Related interests
means the interests of a coastal State directly affected or threatened by a wreck, such as:
- relevant activities
means activities to or in relation to which any of the relevant statutory provisions apply or will, if the activities are carried on as mentioned in that subsection, apply.
- relevant authority
means— (a) a harbour authority, (b) the Commissioners of Customs and Excise, and (c) a conservancy authority.
- relevant British possession
means— • “safety regulations” means regulations under section 85;
- relevant damage or cost
means— and section 156(2)(e) shall have effect for the purposes of subsection (2)(ii) above as if it referred to any person taking any such measures as are mentioned in paragraph (a) or (b) above.
- relevant discharge
means—
- relevant inspector
has the same meaning as in section 95.
- relevant threat of contamination
includes (unless a contrary intention appears)— (a) a relevant threat of contamination falling within section 153(2) (as defined in section 153(2A));
- relief and maintenance
includes the provision of surgical or medical treatment and such dental and optical treatment (including the repair or replacement of any appliance) as cannot be postponed without impairing efficiency;
- Removal
means any form of prevention, mitigation or elimination of the hazard created by a wreck.
- responsible authority
means the Secretary of State, the Department of Health and Social Services for Northern Ireland, a Health and Social Care trust, or (except in Northern Ireland) any local authority.
- safety regulations
means regulations under section 85;
- salvage
includes, subject to the Salvage Convention, all expenses properly incurred by the salvor in the performance of the salvage services;
- salvor
means, in the case of salvage services rendered by the officers or crew or part of the crew of any ship belonging to Her Majesty, the person in command of the ship;
- Scotland
has the same meaning as in the Scotland Act 1998.
- sea
includes any estuary or arm of the sea.
- sea fish
includes shellfish, salmon and migratory trout (as defined by section 44 of the Fisheries Act 1981);
- Sea Fisheries Acts
means any enactment for the time being in force relating to sea fishing, including any enactment relating to fishing for shellfish, salmon or migratory trout.
- seaman
includes every person (except masters and pilots) employed or engaged in any capacity on board any ship;
- Secretary-General
means the Secretary-General of the Organization.
- ship
includes every description of vessel used in navigation;
- ship, passenger and goods dues
has the same meaning— (a) in relation to Great Britain, as in the Harbours Act 1964;
- shipowner
shall mean the owner, charterer, manager or operator of a seagoing ship.
- significant harm
means—
- small ship
means a ship less than 24 metres in length (“length” having the same meaning as in the tonnage regulations).
- specified
means specified in regulations made by the Secretary of State for the purposes of this section;
- station for wireless telegraphy
has the same meaning as “wireless telegraphy station” in that Act.....
- statutory harbour authority
means— (a) in relation to Great Britain, a harbour authority within the meaning of the Harbours Act 1964;
- submarine
means in, under or over United Kingdom waters or controlled waters;
- submersible apparatus
means any apparatus used, or designed for use, in supporting human life on or under the bed of any waters or elsewhere under the surface of any waters;
- subordinate legislation
has the same meaning as in the Interpretation Act 1978.
- superintendent
means a mercantile marine superintendent appointed under section 296;
- Supplementary Fund Protocol country
means a country in respect of which the Supplementary Fund Protocol is in force.
- supporting apparatus
means any apparatus used, or designed for use, in connection with the operation of any submersible apparatus.
- surveyor of ships
means a surveyor appointed under subsection (2) above;
- terminal
means any terminal, jetty, pier, floating structure or other works within a harbour at which ships can obtain shelter or ship and unship goods or passengers;
- the 1894 Act
means the Merchant Shipping Act 1894.
- the 1992 Protocol
means the Protocol of 1992 to amend the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1971 signed in London on 27th November 1992;
- the appropriate certificate
means the certificate which is the appropriate certificate for the purposes of paragraph 6 of this Schedule.
- the appropriate load line
means the load line which, in accordance with those rules, indicates the maximum depth to which the ship may be loaded in salt water in those circumstances.
- the Bunkers Convention
means the International Convention on Civil Liability for Bunker Oil Pollution Damage 2001;
- the charter period
means the period during which the ship is chartered on bareboat charter terms.
- the Commissioners of Irish Lights
means the body incorporated by that name under the local Act of the session held in the 30th and 31st years of the reign of Queen Victoria intituled “An Act to alter the constitution of the Corporation for preserving and improving the port of Dublin and for other purposes connected with that body and with the Port of Dublin Corporation”;
- the Convention
means the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea 1996.
- the Convention of 1966
means the International Convention on Load Lines which was signed in London on 5th April 1966;
- the court
means the High Court or, in Scotland, the Court of Session;
- the fishing vessel construction and equipment provisions
means fishing vessel construction rules and rules or safety regulations relating to life-saving, radio and navigational equipment for fishing vessels.
- the fishing vessel equipment provisions
means the provisions of the fishing vessel construction and equipment provisions other than the fishing vessel construction rules.
- the Fund
means the International Fund established by the Fund Convention;...
- the Fund Convention
means the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1992;
- the insurer
means the person who provided the insurance or other security referred to in subsection (1) or subsection (1A), as the case may be.
- the Liability Convention
means the International Convention on Civil Liability for Oil Pollution Damage 1992;
- the limited European trading area
has the same meaning as it has for the purposes of any regulations made under section 47.
- the private law provisions for registered ships
has the meaning given in section 16;
- the register
means the register of British ships maintained for the United Kingdom under section 8 and “registered” (except with reference to the law of another country) is to be construed accordingly;
- the registrar
means the Registrar General of Shipping and Seamen in his capacity as registrar or, as respects functions of his being discharged by another authority or person, that authority or person.
- the regulations
means regulations under this paragraph.
- the relevant amount
means— but the Secretary of State may by order make such amendments of paragraphs (a) and (b) above as appear to him to be appropriate for the purpose of giving effect to the entry into force of any amendment of the limits of liability laid down in paragraph 1 of Article V of the Liability Convention.
- the relevant casualty
means that ship, structure or other thing.
- the relevant provisions
means the provisions of sub-paragraph (1) above and any provisions of paragraph 4 of this Schedule as applied by sub-paragraph (2) above.
- the relevant requirements of this Act
means the requirements of this Act (including requirements falling to be complied with after registration) relating to—
- the relevant statutory provisions
means—
- the Safety Convention
means the International Convention for the Safety of Life at Sea signed in London on 1st November 1974.
- the Salvage Convention
has the meaning given by section 224(1);
- the Scottish zone
has the same meaning as in section 126(1) of the Scotland Act 1998.
- the Supplementary Fund
means the International Supplementary Fund established by the Supplementary Fund Protocol;
- the Supplementary Fund Protocol
means the Protocol of 2003 to the Fund Convention;
- the tonnage regulations
means regulations under section 19;
- the Trinity House
means the master, wardens and assistants of the guild, fraternity or brotherhood of the most glorious and undivided Trinity and of St Clement in the parish of Deptford Strond in the county of Kent, commonly called the corporation of the Trinity House of Deptford Strond;
- the Wrecks Convention
means the Nairobi International Convention on the Removal of Wrecks 2007 done in Nairobi on 18 May 2007, and
- tidal water
means any part of the sea and any part of a river within the ebb and flow of the tide at ordinary spring tides, and not being a harbour;
- trans-shipment licence
means a licence under section 4A of the Sea Fish Conservation Act 1967 (prohibition of trans-shipment of fish unless authorised by a licence).
- United Kingdom controlled waters
means any part of the sea within the limits of an area designated under section 1(7) of the Continental Shelf Act 1964;
- United Kingdom ship
means a ship which—
- United Kingdom waters
means the sea or other waters within the seaward limits of the territorial sea of the United Kingdom;
- valid Convention certificate
has the meaning given to it by paragraph 12(5) of this Schedule.
- vessel
includes any ship or boat, or any other description of vessel used in navigation;
- wages
includes emoluments.
- waste management plan
means a plan of a description mentioned in subsection (1) or (2) above.
- waste reception facilities
has the meaning given by section 130A(1).
- wireless telegraphy licence
has the same meaning as in the Wireless Telegraphy Act 2006, and “station for wireless telegraphy” has the same meaning as “wireless telegraphy station” in that Act.....
- wreck
includes jetsam, flotsam, lagan and derelict found in or on the shores of the sea or any tidal water.
- wreck removal insurance
means a contract of insurance or other security satisfying the requirements of Article 12 of the Wrecks Convention, and “insurer” means the person providing the insurance or other security, and • “wreck removal insurance certificate” means a certificate required by subsection (2)(b) or (3)(b).
- wreck removal insurance certificate
means a certificate required by subsection (2)(b) or (3)(b).
- wreck removal notice
means a notice under section 255D, • “the Wrecks Convention” has the meaning given by section 255A(1), and • “Wrecks Convention State” has the meaning given by section 255A(1).
- Wrecks Convention State
has the meaning given by section 255A(1).