WIX Archives

Couldn't find 1986 Act, but found 2001 consultation doc on

Posted by Paul McMillan on Sat Jul 06, 2002 04:32:57 PM

In reply top Re: Who owns them anyway?? posted by Cees on Sat Jul 06, 2002 07:41:02 AM

diving military vessels in water..

http://www.mvsac.org.uk/committee/ROW_files/MOD-diving.pdf

Section 13 is interesting...

I like the comments section.. International..'how enforcable'. .. EXACTLY......



13. Problems of Enforcement
13.1. Wrecked British military vessels remain the property of the MoD regardless of
their current location or condition. Ownership is not lost with the passing of time.
The Ministry of Defence Police or the Civil Police Authorities will be requested to
investigate where evidence exists that an offence has been committed in respect of
MoD property (the offences that may be committed in respect of MoD property are
not confined to ones under the PMRA. For example, a person found in possession
of property from a wrecked military vessel may be guilty of offences under the
Theft Act 1968. Or he may be guilty of an offence under the merchant shipping
legislation, which requires those who find or take possession of wreck in UK waters
to declare it to the Receiver of Wreck). Moreover, a person authorised in writing by
the Secretary of State, who has reasonable grounds for believing that an offence
under the PMRA
(a) is being committed on board a non-British controlled vessel in UK
waters, or
(b) is being, has been, or is to be committed on board a British controlled
vessel in UK or international waters,
may board that vessel and seize anything which he has reasonable grounds for
believing to be evidence of an offence. Anyone who intentionally obstructs him in
the exercise of these powers is guilty of an offence, which may be tried by
magistrates and punished by a fine of up to ?1,000.
13.2. Despite these powers, however, obtaining evidence to prove that an offence
has been committed on a military wreck in UK or international waters some miles
off shore and several metres below the surface, where visibility could be very
limited, may be extremely difficult. This difficulty is likely to be exacerbated if a
significant number of wrecks and controlled sites are designated, owing to limited
resources.
Comments are invited on how the Secretary of State might seek to ?enforce?
designations of vessels and controlled sites in (a) UK waters and (b) international
waters.

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