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Transport Operations (Marine Pollution) Act 1995
sec.128Special provision for service of documents
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### sec.128 Special provision for service of documents
A document may be served on a ship’s master by leaving it—
if, at the time of service, there is a person on board who is apparently in charge of the ship—with the person after explaining to the person the purpose of the document; or
otherwise—in a reasonably secure way in a conspicuous position near the ship’s controls.
If a document is required or permitted to be served on a ship’s master and there is no master or apparently there is no master, the document may be served on—
the ship’s owner; or
the owner’s agent.
A document is taken to be served on all owners of a ship if it is served on—
any owner of the ship; or
the ship’s master; or
an owner’s agent.
Nothing in this section affects—
the operation of another law that requires or permits service of a document other than as provided in this section; or
the court’s power to authorise service of a document other than as provided in this section.
See, for example, part 10 of the Acts Interpretation Act 1954 .
s 128 amd 2010 No. 13 s 88 sch
(sec.128-ssec.1) A document may be served on a ship’s master by leaving it— if, at the time of service, there is a person on board who is apparently in charge of the ship—with the person after explaining to the person the purpose of the document; or otherwise—in a reasonably secure way in a conspicuous position near the ship’s controls.
(sec.128-ssec.2) If a document is required or permitted to be served on a ship’s master and there is no master or apparently there is no master, the document may be served on— the ship’s owner; or the owner’s agent.
(sec.128-ssec.3) A document is taken to be served on all owners of a ship if it is served on— any owner of the ship; or the ship’s master; or an owner’s agent.
(sec.128-ssec.4) Nothing in this section affects— the operation of another law that requires or permits service of a document other than as provided in this section; or the court’s power to authorise service of a document other than as provided in this section. See, for example, part 10 of the Acts Interpretation Act 1954 .
- (a) if, at the time of service, there is a person on board who is apparently in charge of the ship—with the person after explaining to the person the purpose of the document; or
- (b) otherwise—in a reasonably secure way in a conspicuous position near the ship’s controls.
- (a) the ship’s owner; or
- (b) the owner’s agent.
- (a) any owner of the ship; or
- (b) the ship’s master; or
- (c) an owner’s agent.
- (a) the operation of another law that requires or permits service of a document other than as provided in this section; or
- (b) the court’s power to authorise service of a document other than as provided in this section.