Commentary on Sections Section 255R – Interpretation
40.This new section provides that the expressions used in Part 9A are to be construed in accordance with Article 1 of the ICRW, which contains the ICRW’s definitions. It adds the further definitions necessary for the purpose of Part 9A (definitions of “accident”, “insurer”, “wreck removal insurance”, “wreck removal insurance certificate”, “wreck removal notice”, “the Wrecks Convention” and “Wrecks Convention State”).
41.It requires the Secreatry of State to take into account the matters in Article 6 of the Convention when determining whether a wreck is a hazard.
42.The Secretary of State is also required to make an order describing the United Kingdom’s Convention area. The ICRW provides in Article 1 that that area is to be the Exclusive Economic Zone as established in accordance with international law, but if such a zone does not exist, a Party State may declare a zone of equivalent size. The United Kingdom does not yet have an EEZ but if one is designated in accordance with section 41 of the Marine and Coastal access Act 2009 before the provisions come in to force, that will be the Convention area. Otherwise it is proposed to declare a Convention area based on the Pollution Control Zone which is prescribed by the Merchant Shipping (Prevention of Pollution) (Limits) Regulations 1996 (S.I.1996/2128)). It is also proposed that the United Kingdom’s Convention area should include the United Kingdom’s territory and territorial sea, in exercise of the option in the ICRW.