Section 255D Removal by registered ownerF1
United Kingdom
This section applies where—
a ship has been involved in an accident as a result of which it or anything from it has become a wreck in the United Kingdom's Convention area, and
the Secretary of State has determined that the wreck poses a hazard.
The Secretary of State must take all reasonable steps to give a notice (a “wreck removal notice”) requiring the registered owner to comply with the obligations imposed on registered owners by paragraph 2 and 3 of Article 9 of the Wrecks Convention (removal of wrecks and production of evidence of insurance).
The notice must be in writing and must—
specify the deadline set under paragraph 6(a) of that Article for the removal of the wreck, and
inform the registered owner of the other matters set out in paragraph 6(b) and (c) of that Article.
A registered owner who fails, without reasonable excuse, to comply with a notice by the specified deadline is guilty of an offence.
A registered owner guilty of the offence is liableF2—
on summary conviction, to a fine not exceeding £50,000, or
on conviction on indictment, to a fine
on summary conviction, or on conviction on indictment, to a fine.
Annotations
Textual amendments
- F1
Pt. 9A inserted (5.2.2015 for the insertion of ss. 255A, 255J, 255N, 255R for specified purposes, 14.4.2015 in so far as not already in force) by Wreck Removal Convention Act 2011 (c. 8), ss. 1(2), 2(2); S.I. 2015/133, arts. 2, 3
- F2
Words in s. 255D(5) substituted (E.W.) (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 27(12) (with reg. 5(1))