Paragraph 4

(1)

Regulations under this Schedule may not require a charge to be paid except in respect of—

(a)

a ship which has entered a port in the United Kingdom,

(b)

a ship which is anchored off a port in the United Kingdom, or

(c)

a ship which is anchored within 500 metres of an installation which is in United Kingdom waters or a part of the sea specified by virtue of section 129(2)(b).

(2)

Nothing in any regulations under this Schedule shall be construed as requiring a charge to be paid in respect of a qualifying foreign ship which is exercising—

(a)

the right of innocent passage, or

(b)

the right of transit passage through straits used for international navigation,

except to the extent that international law allows such a charge to be imposed.

(3)

Subject to sub-paragraphs (1) and (2) above, the regulations may impose a charge in respect of such description of ship as may be prescribed.

(4)

In particular—

(a)

regulations may impose a charge in respect of a ship even though no service has been provided or function exercised in the case of that ship; and

(b)

regulations may provide that no charge is imposed in respect of a ship which does not exceed a prescribed tonnage or does not exceed a prescribed length.

(5)

For the purposes of sub-paragraph (1)(a) above, the circumstances in which a ship shall be regarded as entering a port in the United Kingdom include circumstances in which the ship enters any United Kingdom waters which are regulated or managed by a harbour authority.

(6)

In sub-paragraph (1)(c) above “installation” means an installation which—

(a)

is an offshore installation within the meaning of the M1Mineral Workings (Offshore Installations) Act 1971; or

(b)

is to be taken to be an installation for the purposes of sections 21 to 23 of the M2Petroleum Act 1987.

Annotations

Marginal citations

M1: 1971 c. 61.
M2: 1987 c. 12.

Notes on Schedule 11A

Textual amendments

F1: Sch. 11A inserted (19.3. 1997) by 1997 c. 28, ss. 13, 31(4), Sch. 2 para. 2