OpenLegislation

The Protection of Wrecks (RMS Titanic) Order 2003

S.I. 2003/2496 · Made 29 September 2003 · Extends to United Kingdom

Not fully up to date. 43 changes made by later legislation have not yet been written into this text, which is revised to 29 September 2003.

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MERCHANT SHIPPING

CASUALTIES, WRECK AND SALVAGE

Made 29th September 2003

Laid before Parliament 1st October 2003

Coming into force in accordance with article 1(2)

The Secretary of State for Transport, in exercise of the powers conferred upon him by section 24(1) and (2) of the Merchant Shipping and Maritime Security Act 1997f1, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

1997 c. 28.

Contents

  1. 1Citation, commencement and application Not yet in force
  2. 2Interpretation Not yet in force
  3. 3Designated area Not yet in force
  4. 4Restrictions as respects designated area Not yet in force
  5. 5Licences for projects in designated area Not yet in force
  6. 6Offences Not yet in force
  7. 7Offences: further provisions Not yet in force
  8. 8Offences: further provisions Not yet in force
  9. 9Offences: further provisions Not yet in force
  10. 10Enforcement powers Not yet in force
  11. Signature
  12. Schedule: RULES CONCERNING ACTIVITIES AIMED AT THE RMS TITANIC AND/OR ITS ARTIFACTS Not yet in force
  13. General principles Not yet in force
  14. 1Paragraph 1 Not yet in force
  15. 2Paragraph 2 Not yet in force
  16. 3Paragraph 3 Not yet in force
  17. 4Paragraph 4 Not yet in force
  18. 5Paragraph 5 Not yet in force
  19. Project design Not yet in force
  20. 6Paragraph 6 Not yet in force
  21. 7Paragraph 7 Not yet in force
  22. 8Paragraph 8 Not yet in force
  23. Funding Not yet in force
  24. 9Paragraph 9 Not yet in force
  25. 10Paragraph 10 Not yet in force
  26. 11Paragraph 11 Not yet in force
  27. 12Paragraph 12 Not yet in force
  28. Duration—timetable Not yet in force
  29. 13Paragraph 13 Not yet in force
  30. 14Paragraph 14 Not yet in force
  31. Objectives, methodology and techniques Not yet in force
  32. 15Paragraph 15 Not yet in force
  33. 16Paragraph 16 Not yet in force
  34. Professional qualifications Not yet in force
  35. 17Paragraph 17 Not yet in force
  36. 18Paragraph 18 Not yet in force
  37. Preliminary work Not yet in force
  38. 19Paragraph 19 Not yet in force
  39. 20Paragraph 20 Not yet in force
  40. Documentation Not yet in force
  41. 21Paragraph 21 Not yet in force
  42. 22Paragraph 22 Not yet in force
  43. Artifact conservation Not yet in force
  44. 23Paragraph 23 Not yet in force
  45. 24Paragraph 24 Not yet in force
  46. Safety Not yet in force
  47. 25Paragraph 25 Not yet in force
  48. Reporting Not yet in force
  49. 26Paragraph 26 Not yet in force
  50. 27Paragraph 27 Not yet in force
  51. Curation of project collection Not yet in force
  52. 28Paragraph 28 Not yet in force
  53. 29Paragraph 29 Not yet in force
  54. 30Paragraph 30 Not yet in force
  55. Dissemination Not yet in force
  56. 31Paragraph 31 Not yet in force
  57. 32Paragraph 32 Not yet in force
  58. Explanatory note

1Citation, commencement and applicationI1

(1)

This Order may be cited as the Protection of Wrecks (RMS Titanic) Order 2003.

(2)

This Order shall come into force on the date, to be notified in the London, Edinburgh and Belfast Gazettes, on which the Agreement concerning the shipwrecked vessel RMS Titanic enters into force in respect of the United Kingdom.

(3)

Articles 8 and 9 do not apply to Scotland.

2InterpretationI1

In this Order—

  • “the Agreement” means the Agreement concerning the shipwrecked vessel RMS Titanicf1;

  • “artifacts” means the cargo of RMS Titanic and other contents, including those associated objects that are scattered in its vicinity and any portion of the hull; and

  • “relevant authorisation” means an authorisation granted by the appropriate authority of a State Party to the Agreement (other than the United Kingdom) in accordance with the provisions of that Agreement.

3Designated areaI1

For the purposes of this Order “the designated area” means the area within one kilometre of the point 41° 43−84'N 49° 57−23'W.

4Restrictions as respects designated areaI1

(1)

A person shall not in the designated area carry out any of the activities set out in paragraph (2), or cause or permit any other person to carry out any of those activities—

(a)

without a licence granted by the Secretary of State in accordance with the provisions of this Order,

(b)

contrary to any requirement, condition or restriction of such a licence, or

(c)

without, or contrary to any provision of, a relevant authorisation.

(2)

The activities referred to in paragraph (1) are as follows—

(a)

entry into the hull sections of RMS Titanic, including entry using equipment constructed or adapted for any purpose of diving or salvage operations;

(b)

activities aimed at the artifacts from RMS Titanic found outside the hull of RMS Titanic (other than activities relating to the conservation or curation of artifacts).

5Licences for projects in designated areaI1

(1)

The Secretary of State may grant a licence to authorise a project to carry out the activities described in article 4(2).

(2)

The Secretary of State shall grant a licence only in relation to a project which—

(a)

is justified by educational, scientific or cultural interests, including the need to protect the integrity of RMS Titanic and/or its artifacts from a significant threat, and

(b)

complies with the Rules Concerning Activities Aimed at the RMS Titanic and/or its Artifacts contained in the Schedule to this Order.

(3)

The Secretary of State shall grant a licence only after he has provided copies of the application for the licence to the relevant national authorities of the other State Parties to the Agreement and taken into account any comments received from those authorities within 90 days following the provision of those copies.

(4)

A licence granted under this article—

(a)

shall require the project to be carried out in accordance with the Rules Concerning Activities Aimed at the RMS Titanic and/or its Artifacts contained in the Schedule to this Order,

(b)

shall contain a condition that non-intrusive public access consistent with the Agreement shall not be precluded by the activities licensed, and

(c)

may contain such other conditions and restrictions as the Secretary of State considers appropriate.

(5)

Subject to the same conditions as apply as respects the granting of a licence, the Secretary of State may vary a licence.

6OffencesI1

(1)

A person who contravenes article 4(1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to a fine.

(2)

Any person who knowingly contravenes any requirement, condition or restriction of a licence granted under article 5 which relates to the conservation, curation or keeping together of artifacts, or relating to the provision of public access to artifacts, shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to a fine.

(3)

Any person who knowingly contravenes any requirement, condition or restriction of a licence granted under article 5 which relates to the reporting of the results to the Secretary of State and the publication of the results shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to a fine.

7Offences: further provisionsI1

(1)

Where an offence under this Order which is committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(2)

For this purpose “director”, in relation to any body corporate whose affairs are managed by its members, means any member of the body.

(3)

Where an offence under this Order committed by a Scottish partnership or unincorporated association (other than a partnership) is proved to have been committed with the consent of or connivance of, or to be attributable to neglect on the part of, a partner in the partnership or, as the case may be, a person concerned in the management and control of the association, he (as well as the partnership) shall be guilty of the offence and liable to be proceeded against and punished accordingly.

8Offences: further provisionsI1

(1)

In any proceedings for an offence under this Order, a document signed by or on behalf of the Secretary of State stating whether or not a relevant authorisation has been granted, and (where such an authorisation has been granted) its terms, shall be admissible as evidence for the purposes of determining whether activities have been carried out without, or contrary to any provision of, such an authorisation.

(2)

Nothing in paragraph (1) makes a document admissible as evidence in proceedings for an offence except in a case where and to the like extent to which oral evidence to the like effect would have been admissible in those proceedings.

(3)

Nothing in paragraph (1) makes a document admissible as evidence in proceedings for an offence—

(a)

unless a copy of it has, not less than seven days before the hearing or trial, been served on the person charged with the offence, or

(b)

if that person, not later than three days before the hearing or trial or within such further time as the court may in special circumstances allow, serves a notice on the prosecutor requiring attendance at the trial of the person who signed the document.

(4)

Where the proceedings mentioned in paragraph (1) are proceedings before a magistrates' court inquiring into an offence as examining justices this article shall have effect with the omission of—

(a)

paragraph (2), and

(b)

in paragraph (3), sub-paragraph (b) and the word “or” immediately preceding it.

9Offences: further provisionsI1

(1)

A document required by article 8(3)(a) to be served on a person charged with an offence under this Order may be served on that person—

(a)

by delivering it to him;

(b)

by leaving it at his proper address; or

(c)

by sending it by post to him at his proper address.

(2)

If the person charged with an offence is the master of a ship the document may be served—

(a)

where there is a master, by leaving it for him on board the ship with the person appearing to be in command or charge of the ship;

(b)

where there is no master, on—

(i)

the managing owner of the ship; or

(ii)

if there is no managing owner, on any agent of the owner; or

(iii)

where no such agent is known or can be found, by fixing a copy of the document on the outside of the ship in a position in which it may reasonably be expected to be seen.

(3)

A document required by article 8(3)(a) to be served on a person charged with an offence under this Order may—

(a)

in the case of a body corporate, be served on the secretary or clerk of that body;

(b)

in the case of a partnership, be served on a partner or person having the control or management of the partnership business.

(4)

For the purposes of this article and of section 7 of the Interpretation Act 1978f1 (service of documents by post) in its application to this article, the proper address of any person on whom a document under article 8(1) is to be served shall be his last known address, except that—

(a)

in the case of a body corporate or its secretary or clerk it shall be the address of the registered or principal office of that body;

(b)

in the case of a partnership or a person having the control or management of the partnership business, it shall be the principal office of the partnership;

and for the purposes of this paragraph the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom shall be its principal office in the United Kingdom.

10Enforcement powersI1

(1)

The powers conferred by this article are conferred in relation to any ship which is in United Kingdom waters and any United Kingdom ship which is in international waters.

(2)

A person appointed by the Secretary of State to be an inspector under section 256(1) or (6) of the Merchant Shipping Act 1995f1, and any commissioned naval officer, shall be a person authorised by the Secretary of State in accordance with this Order.

(3)

A person so authorised by the Secretary of State may at any reasonable time board and search any ship if he has reason to suspect that this Order is not complied with, and may take possession of and detain anything found in the course of that search for so long as is necessary for all or any of the following purposes—

(a)

to examine it,

(b)

to ensure that it is not tampered with before his examination of it is completed,

(c)

to ensure that it is available for use as evidence in any proceedings for an offence under this Order.

Signature

Signed by authority of the Secretary of State for Transport

David Jamieson

Parliamentary Under Secretary of State,

Department for Transport

29th September 2003

1I1

The preferred policy for the preservation of RMS Titanic and its artifacts is in situ preservation.

2I1

Activities shall avoid disturbance of human remains.

3I1

Activities utilising non-destructive techniques and non-intrusive surveys and sampling shall be preferred to those involving recovery or excavation aimed at RMS Titanic and/or its artifacts.

4I1

Activities shall have the minimum adverse impact on RMS Titanic and its artifacts.

5I1

Persons undertaking these activities shall ensure proper recording and dissemination to the public of historical, cultural and archaeological information.

6I1

Activities shall be the object of a project design that shall include—

(a)

the objectives of the project;

(b)

a general description of the methodology and techniques to be employed;

(c)

a description of the anticipated funding;

(d)

a provisional timetable for completion of the project;

(e)

the composition, qualifications and responsibilities of the anticipated team;

(f)

the proposal for or results of all preliminary work;

(g)

if applicable, plans for post-field work;

(h)

if applicable, a conservation and curation plan;

(i)

a documentation programme;

(j)

a safety policy;

(k)

if applicable, arrangements for collaboration with museums and other institutions;

(l)

report preparation, contents, and dissemination;

(m)

if applicable, the anticipated disposition of archives, including artifacts; and

(n)

if applicable, a programme for publication.

7I1

If unexpected discoveries are made or circumstances change, the project design shall be reviewed and amended. Amendments to the project design shall require a new authorisation to be issued.

8I1

Each project shall be carried out in accordance with its project design.

9I1

Projects shall be designed to ensure adequate funding in advance to complete all stages of the project including the curation, conservation and documentation of any recovered artifacts, and the preparation and dissemination of the report.

10I1

The project design shall include contingency plans that will ensure conservation of recovered artifacts and supporting documentation in the event of any interruption of anticipated funding.

11I1

The project design shall demonstrate an ability to fund the project through to completion.

12I1

Project funding shall not require the sale of artifacts or other material recovered or the use of any strategy that will cause artifacts and supporting documentation to be irretrievably dispersed.

13I1

Adequate time shall be assured in advance to complete all stages of the project, including the curation, conservation and documentation of any recovered artifacts, and the preparation and dissemination of the report.

14I1

The project design shall include contingency plans that will ensure conservation of artifacts and supporting documentation in the event of any interruption in the anticipated timetable.

15I1

The project design shall include the objectives, proposed methodology and techniques.

16I1

The methodology shall comply with the project objectives and with the general principles set out in paragraphs 1 to 5 above.

17I1

Projects shall only be undertaken under the guidance of and in the presence of qualified technical and/or professional experts with experience appropriate to the objectives. The project shall not commence until the identity, qualifications, experience and responsibilities of the team members have been notified to and approved by the Secretary of State or by the relevant national authority of another State Party to the Agreement.

18I1

All persons on the project team shall be—

(a)

qualified and have demonstrated experience appropriate to their project roles; and

(b)

fully briefed and understand the work required.

19I1

The project design shall include—

(a)

an assessment that evaluates the vulnerability of RMS Titanic and artifacts to damage by the proposed activities; and

(b)

a determination that the benefits of the project outweigh the potential risk of damage.

20I1

The assessment shall also include background studies and relevant bibliography of available historical and archaeological evidence, and environmental consequences of the proposed project for the long-term stability of RMS Titanic and artifacts.

21I1

Projects shall be thoroughly documented in accordance with professional archaeological standards current at the time the project is to be undertaken.

22I1

Documentation shall include, as a minimum, the systematic and complete recording of the provenance of artifacts moved or removed in the course of the project, field notes, plans, sections, photographs and recording in other media.

23I1

The project design shall include a conservation plan that provides for treatment of the artifacts in transit and in the long term.

24I1

Conservation shall be carried out in accordance with professional standards current at the time the project is to be undertaken.

25I1

All persons on the team shall work according to a safety policy prepared according to professional and legal requirements and set out in the project design.

26I1

Interim reports shall be made available according to a timetable set out in the project design, and provided to the Secretary of State and to the relevant authority of another State Party to the Agreement.

27I1

Reports shall include—

(a)

an account of the objectives;

(b)

an account of the methodology and techniques employed;

(c)

an account of the results achieved; and

(d)

recommendations concerning conservation of any artifacts removed during the course of the project.

28I1

The project collection, including any artifacts recovered during the course of the project and a copy of all supporting documentation, shall be kept together and intact in a manner that provides for public access, curation and its availability for educational, scientific, cultural and other public purposes.

29I1

Arrangements for curation of the project collection shall be agreed before any project commences, and shall be set out in the project design.

30I1

The project collection shall be curated according to professional standards current at the time the project is to be undertaken.

31I1

Projects shall provide for public education and popular presentation of the results.

32I1

A final synthesis shall be provided to relevant national authorities and made available to the public as soon as possible, having regard to the complexity of the project.

Explanatory note

(This note is not part of the Order)

This Order gives effect to the Agreement between the United Kingdom, the United States of America, Canada and the Republic of France, concerning the shipwrecked vessel RMS Titanic (Cm 5798). The date of the coming into force of the Agreement will be published in the London, Edinburgh and Belfast Gazettes.

Article 3 of the Order designates the area in which lies the wreck of RMS Titanic, and article 4 prohibits any diving or salvage operations from being carried out in the designated area without a licence. Article 5 of the Order makes provision for the granting of licences by the Secretary of State, in accordance with the rules set out in the Schedule. Article 6 makes it a criminal offence to contravene the prohibition in article 4 and licence conditions imposed under Article 5, and Articles 7 to 10 make further provision regarding offences and enforcement.