Office of Public Sector Information
PART VIII continued
(1) Whenever any light is exhibited at such place or in such manner as to be liable to be mistaken for a light proceeding from a lighthouse, the general lighthouse authority within whose area the place is situated, may serve a notice (“a prevention notice”) upon the owner of the place where the light is exhibited or upon the person having the charge of the light.
(2) A prevention notice is a notice directing the person to whom it is addressed to take, within a reasonable time specified in the notice, effectual means for extinguishing or effectually screening the light and for preventing for the future any similar light.
(3) A prevention notice may, in addition to any other mode of service authorised by this Act, be served by affixing the notice in some conspicuous spot near to the light to which it relates.
(4) If a person on whom a prevention notice is served fails, without reasonable excuse, to comply with the directions contained in the notice, he shall be liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.
(5) If a person on whom a prevention notice is served neglects for a period of seven days to extinguish or effectually screen the light mentioned in the notice, the general lighthouse authority may enter the place where the light is and forthwith extinguish it, doing no unnecessary damage.
(6) Where a general lighthouse authority incur any expenses in exercising their powers under subsection (5) above they may recover the expenses from the person on whom the prevention notice was served.
(7) Any such expenses may, in England and Wales and Northern Ireland, be recovered summarily as a civil debt.
(8) In Scotland any such expenses shall, for the purposes of their recovery, be regarded as a debt due by the person on whom the notice has been served to the general lighthouse authority.
(1) The following, that is to say—
(a) all lighthouses, buoys and beacons,
(b) all general light dues and other rates, fees or payments accruing to or forming part of the General Lighthouse Fund, and
(c) all premises or property belonging to or occupied by any of the general lighthouse authorities,
which are used or applied for the purposes of any of the services for which those dues, rates, fees and payments are received shall be exempt from all public or local taxes, duties or rates.
(2) All instruments used by or under the direction of any general lighthouse authority in carrying on those services shall be exempt from stamp duty.
(3) Stamp duty shall not be chargeable on any proposals under Schedule 9.
(4) All instruments used by or under the direction of the Secretary of State in carrying this Part into effect shall be exempt from stamp duty.
(5) All instruments which are required by any provision of this Part to be in a form approved by the Secretary of State, if made in that form, shall be exempt from stamp duty.
All ships belonging to or used by any of the general lighthouse authorities or the Secretary of State shall be entitled to enter, resort to, and use any harbours, ports, docks or piers in the United Kingdom without any payment of tolls, dues or rates of any kind.
(1) In this Part—
“buoys and beacons” includes all other marks and signs of the sea;
“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”;
“general light dues” has the meaning given in section 205(1);
“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;
“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 1894 Act” means the Merchant Shipping Act 1894.
(2) Any reference in this Part to a lighthouse, buoy or beacon includes its appurtenances.
(3) The Secretary of State may by order provide that references or a particular reference to a buoy or beacon in this Part shall be construed as including, in such circumstances as are specified in the order, equipment of a kind so specified which is intended as an aid in the navigation of ships.
(4) No order shall be made under subsection (3) above unless a draft of the order has been laid before and approved by resolution of each House of Parliament.
(1) The provisions of the International Convention on Salvage, 1989 as set out in Part I of Schedule 11 (in this Chapter referred to as “the Salvage Convention”) shall have the force of law in the United Kingdom.
(2) The provisions of Part II of that Schedule shall have effect in connection with the Salvage Convention, and subsection (1) above shall have effect subject to the provisions of that Part.
(3) If it appears to Her Majesty in Council that the Government of the United Kingdom has agreed to any revision of the Salvage Convention She may by Order in Council make such modifications of Parts I and II of Schedule 11 as She considers appropriate in consequence of the revision.
(4) Nothing in subsection (1) or (2) above shall affect any rights or liabilities arising out of any salvage operations started or other acts done before 1st January 1995.
(5) Nothing in any modification made by virtue of subsection (3) above shall affect any rights or liabilities arising out of any salvage operations started or other acts done before the day on which the modification comes into force.
(6) As respects any period before the entry into force of the Salvage Convention any reference in the Salvage Convention to a State Party to the Convention shall be read as a reference to the United Kingdom.
(7) A draft of an Order in Council proposed to be made by virtue of subsection (3) above shall not be submitted to Her Majesty in Council unless the draft has been approved by a resolution of each House of Parliament.
(1) Where any dispute as to salvage arises, the receiver may, on the application of either party, appoint a valuer to value the property.
(2) When the valuation has been made the receiver shall give copies of it to both parties.
(3) A copy of the valuation purporting to be signed by the valuer, and to be certified as a true copy by the receiver, shall be admissible as evidence in any subsequent proceedings.
(4) There shall be paid in respect of the valuation by the person applying for it such fee as the Secretary of State may direct.
(1) Where salvage is due to any person under this Chapter, the receiver shall—
(a) if the salvage is due in respect of services rendered—
(i) in assisting a vessel, or
(ii) in saving life from a vessel, or
(iii) in saving the cargo and equipment of a vessel,
detain the vessel and cargo or equipment; and
(b) if the salvage is due in respect of the saving of any wreck, and the wreck is not sold as unclaimed under this Chapter, detain the wreck.
(2) Subject to subsection (3) below, the receiver shall detain the vessel and the cargo and equipment, or the wreck, as the case may be, until payment is made for salvage, or process is issued for the arrest or detention of the property by the court.
(3) The receiver may release any property detained under subsection (2) above if security is given—
(a) to his satisfaction, or
(b) where—
(i) the claim for salvage exceeds £5,000, and
(ii) any question is raised as to the sufficiency of the security,
to the satisfaction of the court.
(4) Any security given for salvage under this section to an amount exceeding £5,000 may be enforced by the court in the same manner as if bail had been given in that court.
(5) In this section “the court” means the High Court or, in Scotland, the Court of Session.
(6) As respects Scotland the reference in subsection (2) to process being issued for arrest shall be construed as a reference to warrant for arrestment being granted.
(1) The receiver may sell any detained property if the persons liable to pay the salvage in respect of which the property is detained are aware of the detention, in the following cases.
(2) Those cases are—
(a) where the amount is not disputed, and payment of the amount due is not made within twenty days after the amount is due;
(b) where the amount is disputed, but no appeal lies from the first court to which the dispute is referred, and payment is not made within twenty days after the decision of the first court;
(c) where the amount is disputed and an appeal lies from the decision of the first court to some other court, and within twenty days of the decision of the first court neither payment of the sum due is made nor proceedings are commenced for an appeal.
(3) The proceeds of sale of detained property shall, after payment of the expenses of the sale, be applied by the receiver in payment of the expenses, fees and salvage and any excess shall be paid to the owners of the property or any other persons entitled to it.
(4) In this section “detained property” means property detained by the receiver under section 226(2).
(1) Where—
(a) the aggregate amount of salvage payable in respect of salvage services rendered in United Kingdom waters has been finally determined and does not exceed £5,000; but
(b) a dispute arises as to the apportionment of the amount among several claimants,
the person liable to pay the amount may apply to the receiver for leave to pay it to him.
(2) The receiver shall, if he thinks fit, receive the amount and, if he does, he shall give the person paying it a certificate stating the amount paid and the services in respect of which it is paid.
(3) A certificate under subsection (2) above shall be a full discharge and indemnity to the person by whom it was paid, and to his vessel, cargo, equipment and effects against the claims of all persons in respect of the services mentioned in the certificate.
(4) The receiver shall with all convenient speed distribute any amount received by him under this section among the persons entitled to it, on such evidence, and in such shares and proportions, as he thinks fit.
(5) Any decision by the receiver under subsection (4) above shall be made on the basis of the criteria contained in Article 13 of the Salvage Convention.
(6) The receiver may retain any money which appears to him to be payable to any person who is absent.
(7) A distribution made by a receiver under this section shall be final and conclusive as against all persons claiming to be entitled to any part of the amount distributed.
(1) Where—
(a) the aggregate amount of salvage payable in respect of salvage services rendered in United Kingdom waters has been finally determined and exceeds £5,000; or
(b) the aggregate amount of salvage payable in respect of salvage services rendered outside United Kingdom waters (of whatever amount) has been finally determined; but
(c) in either case, any delay or dispute arises as to the apportionment of the amount,
the court may cause the amount of salvage to be apportioned among the persons entitled to it in such manner as it thinks just.
(2) Any decision of the court under this section shall be made on the basis of the criteria contained in Article 13 of the Salvage Convention.
(3) For the purpose of making that apportionment, the court may—
(a) appoint any person to carry that apportionment into effect;
(b) compel any person in whose hands or under whose control the amount may be to distribute it or to pay it into court to be dealt with as the court directs; and
(c) issue such process as it thinks fit.
(4) In this section “the court” means the High Court or, in Scotland, the Court of Session or a sheriff.
(1) Subject to section 29 of the [1947 c. 44.] Crown Proceedings Act 1947 (exclusion of proceedings in rem against the Crown) (so far as consistent with the Salvage Convention) the law relating to civil salvage, whether of life or property, except sections 225, 226 and 227, shall apply in relation to salvage services in assisting any of Her Majesty’s ships, or in saving life therefrom, or in saving any cargo or equipment belonging to Her Majesty in right of Her Government in the United Kingdom, in the same manner as if the ship, cargo or equipment belonged to a private person.
(2) Where salvage services are rendered by or on behalf of Her Majesty, whether in right of Her Government in the United Kingdom or otherwise, Her Majesty shall be entitled to claim salvage in respect of those services to the same extent as any other salvor, and shall have the same rights and remedies in respect of those services as any other salvor.
(3) No claim for salvage services by the commander or crew, or part of the crew, of any of Her Majesty’s ships shall be finally adjudicated upon without the consent of the Secretary of State to the prosecution of the claim.
(4) Any document purporting to give the consent of the Secretary of State for the purposes of subsection (3) above and to be signed by an officer of the Ministry of Defence shall be evidence of that consent.
(5) If a claim is prosecuted without the consent required by subsection (3) above the claim shall be dismissed with costs.
(6) The reference in subsection (5) above to dismissal with costs shall in Scotland be construed as a reference to dismissal with the defender being found entitled to expenses.
(7) “Her Majesty’s ships” has the same meaning in this section as in section 192.
(8) In the application of this section to Northern Ireland, any reference to Her Majesty’s Government in the United Kingdom includes a reference to Her Government in Northern Ireland.
(1) Sections 232, 233, 234 and 235 apply in circumstances where a United Kingdom or foreign vessel is wrecked, stranded, or in distress at any place on or near the coasts of the United Kingdom or any tidal water within United Kingdom waters.
(2) Where any function is conferred on the receiver by any of those sections that function may be discharged by any officer of customs and excise or any principal officer of the coastguard.
(3) An officer discharging any such functions of the receiver shall, with respect to any goods or articles belonging to a vessel the delivery of which to the receiver is required by any provision of this Chapter, be treated as the agent of the receiver.
(4) However, an officer discharging such functions shall not—
(a) be entitled to any fees payable to receivers, or
(b) be deprived of any right to salvage to which he would otherwise be entitled.
(5) In any of those sections “shipwrecked persons”, in relation to a vessel, means persons belonging to the vessel.
(1) In circumstances in which this section applies by virtue of section 231 in relation to any vessel the receiver shall, on being informed of the circumstances, discharge the following functions.
(2) Subject to subsection (4) below, the receiver shall—
(a) forthwith proceed to the place where the vessel is;
(b) take command of all persons present; and
(c) assign such duties and give such directions to each person as he thinks fit for the preservation of the vessel and of the lives of the shipwrecked persons.
(3) The receiver shall not interfere between the master and crew of the vessel in reference to the management of the vessel unless he is requested to do so by the master.
(4) Subject to subsection (3) above, if any person intentionally disobeys the direction of the receiver he shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
(1) In circumstances where this section applies by virtue of section 231 in relation to any vessel the receiver may, for the purpose of the preservation of shipwrecked persons or of the vessel, cargo and equipment—
(a) require such persons as he thinks necessary to assist him;
(b) require the master, or other person having the charge, of any vessel near at hand to give such assistance with his men, or vessel, as may be in his power; and
(c) require the use of any vehicle that may be near at hand.
(2) If any person refuses, without reasonable excuse, to comply with any requirement made under subsection (1) above he shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
(1) In circumstances where this section applies by virtue of section 231 in relation to any vessel, all persons may, subject to subsections (3) and (4) below, for the purpose of—
(a) rendering assistance to the vessel,
(b) saving the lives of shipwrecked persons, or
(c) saving the cargo or equipment of the vessel,
pass and repass over any adjoining land without being subject to interruption by the owner or occupier and deposit on the land any cargo or other article recovered from the vessel.
(2) The right of passage conferred by subsection (1) above is a right of passage with or without vehicles.
(3) No right of passage is conferred by subsection (1) above where there is some public road equally convenient.
(4) The rights conferred by subsection (1) above shall be so exercised as to do as little damage as possible.
(5) Any damage sustained by an owner or occupier of land in consequence of the exercise of the rights conferred by this section shall be a charge on the vessel, cargo or articles in respect of or by which the damage is caused.
(6) Any amount payable in respect of such damage shall, in case of dispute, be determined and shall, in default of payment, be recoverable in the same manner as the amount of salvage is determined and recoverable under this Part.
(7) If the owner or occupier of any land—
(a) impedes or hinders any person in the exercise of the rights conferred by this section;
(b) impedes or hinders the deposit on the land of any cargo or other article recovered from the vessel; or
(c) prevents or attempts to prevent any cargo or other article recovered from the vessel from remaining deposited on the land for a reasonable time until it can be removed to a safe place of public deposit;
he shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
(1) Where, in circumstances in which this section applies by virtue of section 231 in relation to any vessel, the vessel or any part of its cargo and equipment is plundered, damaged or destroyed by persons in circumstances in which those persons commit the offence of riot or, in Scotland, of mobbing and rioting, compensation shall be made to the owner of the vessel, cargo or equipment in accordance with the following provisions of this section.
(2) Compensation under subsection (1) above in England and Wales shall be made by the compensation authority in the manner provided by the [1886 c. 38.] Riot (Damages) Act 1886 with respect to claims for compensation under that Act.
(3) Where the vessel, cargo or equipment is not within a police area, the plundering, damage or destruction shall be treated for the purposes of subsection (2) above as taking place within the nearest police area.
(4) Compensation under subsection (1) above in Scotland shall, as if entitlement to it arose under section 10 of the [1822 c. 33.] Riotous Assemblies (Scotland) Act 1822, be made by the council constituted under section 2 of the [1994 c. 39.] Local Government etc. (Scotland) Act 1994 within whose area, or nearest to whose area, the plundering, damage or destruction took place.
(5) Compensation under subsection (1) above in Northern Ireland shall be made in pursuance of an application under the [1971 c. 38 (N.I.).] Criminal Injuries to Property (Compensation) Act (Northern Ireland) 1971 as modified for the purposes of this section by the [S.R. 1973 No. 56 (N.I.).] Transfer of Functions (Criminal Injuries to Vessels) (Northern Ireland) Order 1973.
(1) If any person finds or takes possession of any wreck in United Kingdom waters or finds or takes possession of any wreck outside United Kingdom waters and brings it within those waters he shall—
(a) if he is the owner of it, give notice to the receiver stating that he has found or taken possession of it and describing the marks by which it may be recognised;
(b) if he is not the owner of it, give notice to the receiver that he has found or taken possession of it and, as directed by the receiver, either hold it to the receiver’s order or deliver it to the receiver.
(2) If any person fails, without reasonable excuse, to comply with subsection (1) above he shall be liable, on summary conviction, to a fine not exceeding level 4 on the standard scale and if he is not the owner of the wreck he shall also—
(a) forfeit any claim to salvage; and
(b) be liable to pay twice the value of the wreck—
(i) if it is claimed, to the owner of it; or
(ii) if it is unclaimed, to the person entitled to the wreck.
(3) Any sum payable under subsection (2)(b) above to the owner of the wreck or to the persons entitled to the wreck may, in England and Wales and Northern Ireland, be recovered summarily as a civil debt.
(4) In Scotland any sum payable under subsection (2)(b) above to the owner of the wreck or to the persons entitled to the wreck shall, for the purposes of the sum’s recovery, be regarded as a debt due to the owner or, as the case may be, to those persons.
(1) Where a vessel is wrecked, stranded, or in distress at any place on or near the coasts of the United Kingdom or any tidal water within United Kingdom waters, any cargo or other articles belonging to or separated from the vessel which are washed on shore or otherwise lost or taken from the vessel shall be delivered to the receiver.
(2) If any person (whether the owner or not)—
(a) conceals or keeps possession of any such cargo or article, or
(b) refuses to deliver any such cargo or article to the receiver or to any person authorised by the receiver to require delivery,
he shall be liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.
(3) The receiver or any person authorised by him may take any such cargo or article (if necessary by force) from any person who refuses to deliver it.
(1) Where the receiver takes possession of any wreck he shall, within 48 hours—
(a) make a record describing the wreck and any marks by which it is distinguished; and
(b) if in his opinion the value of the wreck exceeds £5,000, also transmit a similar description to the chief executive officer of Lloyd’s in London.
(2) The record made by the receiver under subsection (1)(a) above shall be kept by him available for inspection by any person during reasonable hours without charge.
(3) The notice sent under subsection (1)(b) above to the chief executive officer of Lloyd’s shall be posted by him in some conspicuous position for inspection.
(1) The owner of any wreck in the possession of the receiver who establishes his claim to the wreck to the satisfaction of the receiver within one year from the time when the wreck came into the receiver’s possession shall, on paying the salvage, fees and expenses due, be entitled to have the wreck delivered or the proceeds of sale paid to him.
(2) Where—
(a) a foreign ship has been wrecked on or near the coasts of the United Kingdom, or
(b) any articles belonging to or forming part of or of the cargo of a foreign ship which has been wrecked on or near the coasts of the United Kingdom are found on or near the coast or are brought into any port,
the appropriate consular officer shall, in the absence of the owner and of the master or other agent of the owner, be treated as the agent of the owner for the purposes of the custody and disposal of the wreck and such articles.
(3) In subsection (2) above “the appropriate consular officer”, in relation to a foreign ship, means the consul general of the country to which the ship or, as the case may be, the owners of the cargo may have belonged or any consular officer of that country authorised for the purpose by any treaty or arrangement with that country.
(1) The receiver may at any time sell any wreck in his possession if, in his opinion—
(a) it is under the value of £5,000;
(b) it is so much damaged or of so perishable a nature that it cannot with advantage be kept; or
(c) it is not of sufficient value to pay for storage.
(2) The proceeds of sale shall, after defraying the expenses of the sale, be held by the receiver for the same purposes and subject to the same claims, rights and liabilities as if the wreck had remained unsold.
Her Majesty and Her Royal successors are entitled to all unclaimed wreck found in the United Kingdom or in United Kingdom waters except in places where Her Majesty or any of Her Royal predecessors has granted the right to any other person.
(1) Any person who is entitled to unclaimed wreck found at any place in the United Kingdom or in United Kingdom waters shall give the receiver a statement containing the particulars of his entitlement and specifying an address to which notices may be sent.
(2) Where a statement has been given to the receiver under subsection (1) above and the entitlement is proved to the satisfaction of the receiver, the receiver shall, on taking possession of any wreck found at a place to which the statement refers, within 48 hours, send to the specified address a description of the wreck and of any marks distinguishing it.
(1) Where, as respects any wreck found in the United Kingdom or in United Kingdom waters and in the possession of the receiver, no owner establishes a claim to it within one year after it came into the receiver’s possession, the wreck shall be dealt with as follows.
(2) If the wreck is claimed by any person who has delivered the statement required by section 242 and has proved to the satisfaction of the receiver his entitlement to receive unclaimed wreck found at the place where the wreck was found, the wreck shall, on payment of all expenses, costs, fees and salvage due in respect of it, be delivered to that person.
(3) If the wreck is not claimed by any person in accordance with section 242, the receiver shall sell the wreck and pay the proceeds as directed by subsection (6) below, after making the deductions required by subsection (4) below and paying to the salvors the amount of salvage determined under subsection (5) below.
(4) The amounts to be deducted by the receiver are—
(a) the expenses of the sale;
(b) any other expenses incurred by him; and
(c) his fees.
(5) The amount of salvage to be paid by the receiver to the salvors shall be such amount as the Secretary of State directs generally or in the particular case.
(6) The proceeds of sale (after making those deductions and salvage payments) shall be paid by the receiver for the benefit of Her Majesty—
(a) if the wreck is claimed in right of the Duchy of Lancaster, to the receiver-general of the duchy or his deputies as part of its revenues;
(b) if the wreck is claimed in right of the Duchy of Cornwall, to the receiver-general of the duchy or his deputies as part of its revenues; and
(c) in any other case, into the Consolidated Fund.
(1) Delivery of wreck or payment of the proceeds of sale of wreck by the receiver under this Chapter shall discharge the receiver from all liability in respect of the delivery or payment.
(2) Delivery of wreck by the receiver under this Chapter shall not, however, prejudice or affect any question which may be raised by third parties concerning the right or title to the wreck or concerning the title to the soil of the place at which the wreck was found.
(1) A person commits an offence if he takes into any foreign port and sells—
(a) any vessel stranded, derelict or otherwise in distress found on or near the coasts of the United Kingdom or any tidal water within United Kingdom waters;
(b) any part of the cargo or equipment of, or anything belonging to, such a vessel; or
(c) any wreck found within those waters.
(2) A person who is guilty of an offence under this section shall be liable, on conviction on indictment, to imprisonment for a term not exceeding five years.
Merchant Shipping Act 1995