Merchant Shipping Act 1995, section 236

Duties of finder etc of wreck

Part IX Salvage and Wreck

(1)If any person finds or takes possession of any wreck in United Kingdom waters or finds or takes possession of any wreck outside United Kingdom waters and brings it within those waters he shall—

(a)if he is the owner of it, give notice to the receiver stating that he has found or taken possession of it and describing the marks by which it may be recognised;

(b)if he is not the owner of it, give notice to the receiver that he has found or taken possession of it and, as directed by the receiver, either hold it to the receiver’s order or deliver it to the receiver.

(2)If any person fails, without reasonable excuse, to comply with subsection (1) above he shall be liable, on summary conviction, to a fine not exceeding level 4 on the standard scale and if he is not the owner of the wreck he shall also—

(a)forfeit any claim to salvage; and

(b)be liable to pay twice the value of the wreck—

(i)if it is claimed, to the owner of it; or

(ii)if it is unclaimed, to the person entitled to the wreck.

(3)Any sum payable under subsection (2)(b) above to the owner of the wreck or to the persons entitled to the wreck may, in England and Wales and Northern Ireland, be recovered summarily as a civil debt.

(4)In Scotland any sum payable under subsection (2)(b) above to the owner of the wreck or to the persons entitled to the wreck shall, for the purposes of the sum’s recovery, be regarded as a debt due to the owner or, as the case may be, to those persons.

Definitions used in section 236 4

wreck

“wreck” includes jetsam, flotsam, lagan and derelict found in or on the shores of the sea or any tidal water.

Defined in s.255(1) · see it in the full Act
United Kingdom waters

(a) “United Kingdom waters” means the sea or other waters within the seaward limits of the territorial sea of the United Kingdom; and

Defined in s.313(2) · see it in the full Act
receiver

“receiver” means a receiver of wreck appointed under section 248;

Defined in s.255(1) · see it in the full Act
salvage

“salvage” includes, subject to the Salvage Convention, all expenses properly incurred by the salvor in the performance of the salvage services;

Defined in s.255(1) · see it in the full Act

Cases considering section 236 4

Argentum Exploration Limited v The Silver

[2022] EWCA Civ 1318 · 11 October 2022

Requires persons bringing wreck into United Kingdom waters to notify and hold or deliver it to the Receiver. Applied to the delivery of the salvaged silver to the Receiver’s order and formed part of the statutory background to detention and release. Sets out the consequences of failing to comply with the wreck-notification and delivery obligation.

Blight, R. v

[2019] EWCA Crim 280 · 12 February 2019

The court applied the duty to declare wreck to conclude that, on a proper declaration, the owners would have received the recovered items or their sale proceeds. Their loss was therefore the full value of the undeclared items. (see paras [3]; [37]) The court treated the provision as excluding a salvage claim by a person who fails without reasonable excuse to declare wreck. It supported the conclusion that the appellants could not reduce their gain by a salvage allowance. (see para [30])

Knight, R (on the application of) v Secretary of State for Transport & Ors

[2017] EWHC 1722 (Admin) · 10 July 2017

Applies the mandatory reporting and forfeiture regime to the recoveries. Conviction for failing without reasonable excuse to report wreck causes a non-owner to forfeit any salvage claim relating to that wreck. (see paras [3], [6], [55]–[56])

What each judgment says about section 236 is in the case-law panel in the full Act.