Merchant Shipping (Salvage and Wreck) Act, 1993
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Duty to provide security to salvor. |
34.—(1) Upon the request of the salvor, a person liable for payment due under this Part shall provide satisfactory security for the claim, including interest and costs of the salvor. | |
(2) Without prejudice to subsection (1), the owner of the salved vessel shall use the best endeavours to ensure that the owners of the cargo provide satisfactory security for the claims against them, including interest and costs, before the cargo is released. | ||
(3) The salved vessel and other property shall not, without the consent of the salvor, be removed from the harbour or place at which they first arrive after the completion of the salvage operations until satisfactory security has been put up for the salvor's claim against the relevant vessel or property. | ||
(4) If, after completion of the salvage operations, satisfactory security for the salvor's claim is not provided and the salved property is in a harbour but not in the salvor's possession or control the receiver of wreck shall, if requested by the salvor in the prescribed form, detain the vessel and other property in the harbour until payment is made for salvage or a warrant of arrest has been issued by the High Court. | ||
(5) The receiver of wreck shall release any detained property if security is given— | ||
(a) to the satisfaction of the receiver, or | ||
(b) where the claim (exclusive of interest and costs) exceeds £20,000 and any question is raised as to the sufficiency of the security, to the satisfaction of the High Court, | ||
and any security given for salvage in pursuance of this subsection may be enforced by the High Court in the same manner as if bail had been given in that Court. | ||
(6) Nothing in this section shall interfere with the power of a harbour-master to give directions under any other provision of this or any other enactment. | ||
(7) Section 7 (2) of the Jurisdiction of Courts (Maritime Conventions) Act, 1989 , shall have effect as if the reference in it to section 552 of the Merchant Shipping Act, 1894 , was a reference to subsections (4), (5) and (6) of this section. | ||
(8) (a) In this section “prescribed form” means, subject to paragraph (b), the form set out in the Second Schedule . | ||
(b) For the purpose of giving further or better effect to this section or to any international convention relating to salvage, the Minister may by order amend the Second Schedule and may so amend any provision thereof as previously amended by virtue of this section. |