Commentary on Sections Section 255B – Wreck reports
9.This new section requires the master and the operator of a ship registered in the United Kingdom to report an accident, which results in the ship, or any part of the ship or cargo becoming wreck, without delay to the State in whose Convention area it falls. Therefore if the wreck is located in the United Kingdom’s Convention area it must be reported to the Secretary of State; if the wreck is located in another State’s Convention area then the wreck must be reported to the Government of that State.
10.The new section requires the information to be reported to include that required under paragraph 2 of Article 5 of the Wrecks Convention, which may be summarised as the location, the wreck’s type, size and construction, the damage, details of the cargo and details of all oil on board.
11.The new section makes it an offence for the master and operator of a United Kingdom ship not to report a wreck. If neither reports, then each is guilty of an offence. If one has reported it, the other is no longer under a duty to report it. The offence is punishable by a fine, on summary conviction to a maximum of £50,000, or on conviction on indictment (no maximum).