Explanatory note

This Order extends the scope of the intervention powers conferred on the Secretary of State by sections 137 and 138A of the Merchant Shipping Act 1995. It gives effect to the International Convention relating to Intervention on the High Seas in Cases of Oil Pollution Casualties 1969 and its 1973 Protocol.

Sections 137 and 138A of the 1995 Act enable the Secretary of State to give directions and to take other action as may be necessary to prevent or minimise pollution, or the threat of pollution, following a maritime casualty. However, section 141(3) of the 1995 Act has the effect that these powers may not be exercised in respect of a ship which is not a United Kingdom ship if it is outside the United Kingdom’s pollution control zone designated by the Merchant Shipping (Prevention of Pollution) (Limits) Regulations 1996 (S.I. 1996/2128), except as provided by an Order in Council.

This Order provides for the intervention powers to be exercised in respect of such ships, subject to certain restrictions. The powers may be exercised only if there is a grave and imminent threat of pollution. Directions may only be given, and the offence of obstruction applied, to persons and companies which owe allegiance to the UK.