Commentary on Sections Section 255D – Removal by registered owner
15.This new section applies in respect of a wreck in the United Kingdom’s Convention area which the Secretary of State has determined to be a hazard. The Secretary of State must take all reasonable steps to give the registered owner notice in writing (a “wreck removal notice”) to comply with the obligations imposed upon the owner by the ICRW both to arrange for the removal of the wreck and to provide evidence that they have sufficient insurance to cover their liability under the ICRW, as required by paragraph 2 and 3 of Article 9 of the ICRW.
16.The wreck removal notice must include the timescale for removal and inform the registered owner of the other matters set out in paragraph 6(b) and (c) of Article 9 of the ICRW.
17.A registered owner who does not comply with a wreck removal notice without reasonable excuse is guilty of an offence. The offence is punishable by a fine, on summary conviction to a maximum of £50,000, or on conviction on indictment (no maximum).