Merchant Shipping Act 1988 (repealed)
In this Part—
sections 2 and 3 have effect in place of section 1 of the Merchant Shipping Act 1894 (qualification for owning British ship); and
sections 4 to 8 have effect in place of sections 2 and 3 of that Act (obligation to register British ships and exemptions from registry) and for otherwise regulating the registration of ships under Part I of that Act in the United Kingdom.
In this Part, unless the context otherwise requires—
“qualified person” means—
on summary conviction, to a fine not exceeding the statutory maximum;
on conviction on indictment, to a fine.
“regulations” means regulations made under section 13;
section 5 of the Merchant Shipping Act 1983; and
in relation to a notice in respect of a registered fishing vessel, means the register kept under Part II of this Act;
“representative person” means a person appointed (or treated as appointed) as such under section 5.
References in this Part to a ship being entitled to be registered shall be construed in accordance with section 4.
A ship shall be a British ship for the purposes of the Merchant Shipping Acts if—
the ship is registered in the United Kingdom under any of the following enactments, namely—
Part I of the 1894 Act or section 5 of the Merchant Shipping Act 1983 (registration of small ships), or
Part II of this Act (registration of British fishing vessels); or
the ship is registered in the United Kingdom in pursuance of an Order in Council under section 80 of the Merchant Shipping Act 1906 (Government ships); or
the ship is a fishing vessel within the meaning of Part II of this Act which is eligible to be registered under that Part of this Act by virtue of section 14 below, but—
is excluded from registration under that Part of this Act by regulations made under section 13 below, and
is not registered under the law of any country outside the United Kingdom; or
the ship is registered under the law of a relevant overseas territory; or
the ship is less than 24 metres in length and—
is not a fishing vessel within the meaning of Part II of this Act, and
is not registered in the United Kingdom under an enactment falling within paragraph (a)(i) above or under the law of any country outside the United Kingdom, but
is wholly owned by one or more persons qualified to be owners of British ships by virtue of section 3(1) below.
This section shall have effect in relation to any time before the end of the period referred to in section 13(3)(b) below as if the enactments falling within subsection (1)(a)(i) included Part IV of the 1894 Act (registration of British fishing boats).
For the purposes of Part I of the 1894 Act the following persons are persons qualified to be owners of British ships, namely—
British citizens;
British Dependent Territories citizens;
British Overseas citizens;
persons who under the British Nationality Act 1981 are British subjects;
persons who under the Hong Kong (British Nationality) Order 1986 are British Nationals (Overseas);
bodies corporate incorporated in the United Kingdom or in any relevant overseas territory and having their principal place of business in the United Kingdom or in any such territory; and
citizens of the Republic of Ireland.
Subject to subsection (3) below, references (however phrased) in any statutory provision to persons who are, for the purposes of Part I of the 1894 Act, qualified to be owners of British ships shall be construed in accordance with subsection (1) above.
For the purposes of section 5 of the Merchant Shipping Act 1983 the following persons are persons qualified to be owners of British ships, namely—
persons falling within paragraphs (a) to (e) and (g) of subsection (1) above; and
Commonwealth citizens not falling within those paragraphs.
It is hereby declared that a person who is not qualified under subsection (1) above to be an owner of a British ship may nevertheless be one of the owners of such a ship if—
a majority interest in the ship (within the meaning of section 4 below) is owned by persons who are qualified to be owners of British ships; and
the ship is registered, in accordance with the provisions of that section, under Part I of the 1894 Act.
Subject to sections 6 and 7 below, this section has effect for the purpose of determining whether a ship is entitled to be registered under Part I of the 1894 Act in the United Kingdom.
Subject to subsection (3), a ship shall be entitled to be registered if a majority interest in the ship is owned by one or more persons qualified to be owners of British ships by virtue of section 3(1)(a), (b), (e) or (f) above.
Where— the ship shall only be entitled to be registered if a representative person is appointed in relation to the ship.
a ship falling within subsection (2) is 24 metres or more in length, and
the person, or (as the case may be) each of the persons, by whom the majority interest in the ship is owned is not resident in the United Kingdom,
Where a majority interest in a ship is owned by one or more persons qualified to be owners of British ships by virtue of section 3(1)(c), (d) or (g) above, the ship shall be entitled to be registered—
if that person, or (as the case may be) any of those persons, is resident in the United Kingdom, or
(where that condition is not satisfied) if the Secretary of State furnishes him or them with a declaration that he consents to the ship being registered, and, in addition, a representative person is appointed in relation to the ship.
a local authority in the United Kingdom; and
one or more persons qualified to be owners of British ships by virtue of section 3(1)(a), (b), (e) or (f), and
in subsection (1) (notices in respect of activities which are, or are about to be, carried on and involve a risk of serious personal injury or pollution), for “about”, in both places where it occurs, substitute “likely”; and
one or more persons so qualified by virtue of section 3(1)(c), (d) or (g),
for subsection (4) (notices to have immediate effect only if the risk isimminent) substitute—
“specified” means specified in regulations.
if any of those persons is resident in the United Kingdom, or
(where that condition is not satisfied) if a representative person is appointed in relation to the ship.
to the charterer under the charter by demise, or
the owner of the ship in question, or
to any such manager as is referred to in paragraph (b) above, or
such a charterer by demise or manager of that ship as is mentioned in subsection (2),
(if the ship is both chartered and managed as mentioned above) to both the charterer and any such manager.
A ship shall, in accordance with section 13(2)(a) below, not be entitled to be registered if it is a fishing vessel within the meaning of Part II.
For the purposes of this section—
one or more persons shall be treated as owning a majority interest in a ship if there is vested in that person or in those persons, taken together, the legal title to 33 or more of the 64 shares into which the property in the ship is divided, for the purposes of registration, in accordance with section 5 of the 1894 Act (there being left out of account for this purpose any share in which any beneficial interest is owned by a person who is not qualified to be an owner of a British ship); and
a body corporate shall be treated as resident in the United Kingdom if it is incorporated in the United Kingdom and has its principal place of business there.
Nothing in this section applies to a ship to which section 80 of the Merchant Shipping Act 1906 applies (Government ships).
Where the entitlement of any ship to be registered is, by virtue of any provision of section 4, conditional on the appointment of a representative person in relation to the ship, the owner of the ship shall—
before applying for the ship to be registered, appoint an individual or body corporate satisfying the prescribed requirements to be the representative person in relation to the ship, and
secure that, so long as the ship remains registered, an individual or body corporate satisfying those requirements is so appointed.
For the purposes of subsection (1) the prescribed requirements are—
that the representative person is either—
an individual resident in the United Kingdom, or
a body corporate incorporated in the United Kingdom and having its principal place of business there; and
such other requirements as the Secretary of State may by regulations prescribe.
Where subsection (1) applies to a ship, any person who is registered under section 59(2) of the 1894 Act (registration of ship’s manager) in relation to the ship shall, if that person is such an individual or body corporate as is mentioned in subsection (2)(a)(i) or (ii) above, be treated for the purposes of this Part of this Act as the representative person for the time being appointed in relation to the ship.
The owner of any ship in relation to which any representative person is for the time being appointed shall— and the registrar in question shall record any particulars notified to him in pursuance of this section in the register kept by him under Part I of the 1894 Act.
on applying for the ship to be registered, notify the registrar to whom the application is made of the name and address of the representative person; and
in the event of any change in the identity, or in the address, of the representative person so appointed, notify the registrar of the ship’s port of registry of the name and address of the new representative person, or (as the case may be) of the new address, as soon as practicable after the change occurs;
Any document required or authorised, by virtue of any statutory provision, to be served for the purpose of the institution of, or otherwise in connection with, proceedings for an offence under the Merchant Shipping Acts, or under any instrument in force under those Acts, shall, where the person to be served is the owner of a registered ship, be treated as duly served on him if—
delivered to any representative person for the time being appointed in relation to the ship, or
sent to any such person by post at the address notified (or, as the case may be, last notified) to the registrar under subsection (4) in relation to that person, or
left for any such person at that address.
Any person who contravenes subsection (1)(b) or (4)(b) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding the third level on the standard scale.
If for any reason it appears to the Secretary of State that a ship in respect of which an application for registration has been made may not be entitled to be registered, he may by notice served on— require that person to furnish him with such information as he thinks necessary for the purpose of determining whether the ship is entitled to be registered.
the applicant, or
any representative person for the time being appointed in relation to the ship,
Where the Secretary of State has served a notice under subsection (1) with respect to any ship, then, unless he has become satisfied that the ship is entitled to be registered, he shall, as soon as practicable after the end of the period of 30 days beginning with the date of service of that notice, give to registrars of British ships generally a direction requiring them not to register the ship.
Notwithstanding that any ship in respect of which an application for registration has been made is entitled to be registered, the Secretary of State may give to registrars of British ships generally a direction requiring them not to register the ship if he is satisfied that, having regard— it would be inappropriate for the ship to be registered.
to the condition of the ship so far as relevant to its safety or to any risk of pollution, or
to the safety, health and welfare of persons employed or engaged in any capacity on board the ship,
If for any reason it appears to the Secretary of State that a registered ship may no longer be entitled to be registered, he may by notice served on— require that person to furnish him with such information as he thinks necessary for the purpose of determining whether the ship is entitled to be registered.
the owner of the ship, or
any representative person for the time being appointed in relation to the ship,
Where the Secretary of State has served a notice under subsection (1) with respect to any ship, then, unless he has become satisfied that the ship is entitled to be registered, he shall, as soon as practicable after the end of the period of 30 days beginning with the date of service of that notice, serve a notice under subsection (4) on the owner or on any representative person for the time being appointed in relation to the ship.
Where the Secretary of State is satisfied— the Secretary of State shall serve a notice under subsection (4) either on the owner or on any representative person for the time being appointed in relation to the ship.
that, having regard to the matters mentioned in paragraph (a) or (b) of section 6(3), it would be inappropriate for a registered ship to continue to be registered, or
that any penalty imposed on the owner of a registered ship in respect of a contravention of the Merchant Shipping Acts, or of any instrument in force under those Acts, has remained unpaid for a period of more than three months (and no appeal against the penalty is pending), or
that any summons for any such contravention has been duly served on the owner of a registered ship but the owner failed to appear at the time and place appointed for the trial of the information or complaint in question and a period of not less than three months has elapsed since that time,
A notice under this subsection is a notice stating—
that the Secretary of State is not satisfied that the ship in question is entitled to be registered or (as the case may be) that he is satisfied as mentioned in paragraph (a), (b) or (c) of subsection (3); and
that he intends, after the end of the period of 30 days beginning with the date of service of the notice, to direct that the ship in question should cease to be registered unless he is satisfied that it would be inappropriate to do so by any representations made to him by or on behalf of the owner within that period.
As soon as practicable after the end of that period the Secretary of State shall accordingly direct the registrar of the ship’s port of registry to terminate the ship’s registration unless he is satisfied that it would be inappropriate to do so by any such representations.
Where the registration of any ship has terminated by virtue of this section, the Secretary of State may subsequently, if he is satisfied that it would be appropriate to do so, direct the registrar of the ship’s former port of registry to restore the ship’s registration.
In section 81(7) (power to regulate small craft), for the words from “fishing boat” (where first occurring) to “1894” substitute “fishing vessel registered under Part II of the Merchant Shipping Act 1988”.
in purported compliance with the requirements of a notice under section 6(1) or 7(1), or
it is incorporated in the United Kingdom and has its principal place of business there;
the owner of the vessel, or
in connection with the making of any representations in pursuance of section 7(4)(b),
any charterer, manager or operator of the vessel,
at least the relevant percentage of its directors are qualified persons;
to produce to the Secretary of State such documents or descriptions of documents specified in the notice, and as the Secretary of State thinks necessary for the purpose of determining whether the vessel is eligible to be so registered.
to furnish to him, in such form as may be specified in the notice, such accounts, estimates, returns or other information (of whatever nature) specified in the notice,
It shall be the duty of any person to whom the Secretary of State gives a direction under this Part to give effect to that direction.
Where a ship becomes registered at a time when it is already registered under the law of any country outside the United Kingdom, the owner of the ship shall take all reasonable steps to secure the termination of the ship’s registration under the law of that country.
Any person who contravenes subsection (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding the third level on the standard scale.
Subsection (1) does not apply to a ship which becomes registered in pursuance of section 53B of the 1894 Act (transfer of registration under that Act from overseas territory).
Part I of the 1894 Act shall have effect subject to the amendments specified in Schedule 1 to this Act, which include amendments— as well as amendments consequential on the preceding provisions of this Part of this Act.
restricting the scope of operation of that Part of that Act to registration in the United Kingdom;
restricting the grant of provisional certificates of registration under section 22 of that Act (ships becoming British-owned abroad); and
enabling ships to be registered otherwise than in register books;
In Part I of the 1894 Act—
references to registration or to registered ships or registered owners shall accordingly (unless the context otherwise requires) be construed as references to registration, or to ships or owners registered, under that Part of that Act in the United Kingdom;
references to registrars of British ships shall accordingly be construed as references to registrars of British ships in the United Kingdom;
references to a ship being entitled to be registered shall be construed in accordance with section 4 of this Act; and
references to the ownership of a majority interest in a ship shall be construed in accordance with subsection (7)(a) of that section.
Her Majesty may by Order in Council make provision for regulating the registration of ships under Part I of the 1894 Act in relevant overseas territories by reference to categories of registries established by the Order.
Any such Order may—
establish different categories of registries to which different restrictions on the registration of ships under Part I of the 1894 Act apply, being restrictions framed by reference to— as well as a category of registries to which no such restriction applies;
ships' tonnages, or
types of ships, or
any other specified matter, or
any combination of matters falling within one or more of the preceding sub-paragraphs,
assign any relevant overseas territory to such one of the categories so established as appears to Her Majesty to be appropriate;
provide that, where a relevant overseas territory has been assigned to a category to which any such restriction on registration as is mentioned in paragraph (a) applies, no ship covered by that restriction shall be registered under Part I of the 1894 Act in that territory;
specify circumstances in which ships may be exempted from any provision made by virtue of paragraph (c).
Any provision made by virtue of subsection (2)(c) shall be expressed to be without prejudice to the operation of any provision for the time being in force under the law of any such territory as is mentioned in subsection (2)(c) by virtue of which the registration of ships under Part I of the 1894 Act in that territory is, or may be, further restricted.
An Order in Council under this section—
may make such transitional, incidental or supplementary provision as appears to Her Majesty to be necessary or expedient; and
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
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In this Part (unless the context otherwise requires)—
In section 10(6) (compulsory insurance against liability for pollution), for “£35,000” substitute “£50,000”.
In section 1(4) (tonnage regulations), for the words from “section 83” to “the Exchequer” substitute “sections 83 and 676 of the principal Act as require the payment of fees into the Consolidated Fund”.
for the words from “His Majesty” to “fix” substitute “the Secretary of State under section 659 of the Merchant Shipping Act 1894 to determine”; and
for “fixing” and “fixed” substitute “determining” and “determined” respectively.
“the register” means the register of British fishing vessels referred to in section 13(1)(a);
It is hereby declared that a vessel for the time being used (or intended to be used) wholly for the purpose of conveying persons wishing to fish for pleasure is not a fishing vessel for the purposes of this Part.
References in this Part to a fishing vessel being eligible to be registered as a British fishing vessel shall be construed in accordance with section 14.
For the purposes of this Part the beneficial ownership of a fishing vessel shall be determined by reference to every beneficial interest in that vessel, however arising (whether held by a trustee or nominee or arising under a contract or otherwise), other than an interest held by any person as mortgagee.
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The Secretary of State shall by regulations make provision—
for the establishment and maintenance of a register of British fishing vessels; and
for the registration in that register of fishing vessels which are, by virtue of section 14, eligible to be registered as British fishing vessels.
Subject to subsection (3), a fishing vessel shall no longer be capable of being registered under any of the following enactments, namely—
Part I of the 1894 Act;
section 373 of that Act (registry of British fishing boats); or
the Sea Fishing Boats (Scotland) Act 1886.
Where any fishing vessel is registered under any of those enactments immediately before the commencement of this Part, the registration of the vessel under that enactment shall (notwithstanding any repeals made by this Act) continue in force until— whichever first occurs.
the vessel (being eligible to be registered as a British fishing vessel) is registered under this Part in accordance with regulations under this section, or
the end of such period beginning with the commencement of this Part as may be prescribed,
Any fishing vessel whose registration under any of those enactments continues in force by virtue of subsection (3) shall be deemed to be a vessel registered under this Part for the purposes of sections 19, 20 and 22 below.
Where a fishing vessel becomes registered under this Part at a time when it is already registered under the law of any country outside the United Kingdom, the owner of the vessel shall take all reasonable steps to secure the termination of the vessel’s registration under the law of that country.
Any person who contravenes subsection (5) shall be guilty of an offence and liable on summary conviction to a fine not exceeding the third level on the standard scale.
Schedule 2 shall have effect for the purpose of supplementing this section.
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Subject to subsections (3) and (4), a fishing vessel shall only be eligible to be registered as a British fishing vessel if—
the vessel is British-owned;
the vessel is managed, and its operations are directed and controlled, from within the United Kingdom; and
any charterer, manager or operator of the vessel is a qualified person or company.
For the purposes of subsection (1)(a) a fishing vessel is British-owned if—
the legal title to the vessel is vested wholly in one or more qualified persons or companies; and
the vessel is beneficially owned—
as to not less than the relevant percentage of the property in the vessel, by one or more qualified persons, or
wholly by a qualified company or companies, or
by one or more qualified companies and, as to not less than the relevant percentage of the remainder of the property in the vessel, by one or more qualified persons.
The Secretary of State may by regulations specify further requirements which must be satisfied in order for a fishing vessel to be eligible to be registered as a British fishing vessel, being requirements imposed— and appearing to the Secretary of State to be appropriate for securing that such a vessel has a genuine and substantial connection with the United Kingdom.
in connection with the implementation of any of the requirements specified in subsection (1)(a) to (c), or
in addition to the requirements so specified,
Where, in the case of any fishing vessel, the Secretary of State is satisfied that— the Secretary of State may determine that that requirement should be so dispensed with; and, if he does so, the vessel shall, so long as paragraph (a) above applies to it and any such determination remains in force, be treated for the purposes of this Part as eligible to be registered as a British fishing vessel.
the vessel would be eligible to be registered as a British fishing vessel but for the fact that any particular individual, or (as the case may be) each of a number of particular individuals, is not a British citizen (and is accordingly not a qualified person), and
it would be appropriate to dispense with the requirement of British citizenship in the case of that individual or those individuals, in view of the length of time he has or they have resided in the United Kingdom and been involved in the fishing industry of the United Kingdom,
Where any share in a vessel is beneficially owned jointly by persons not all of whom are qualified persons or companies, then, for the purposes of this section, the whole of that share shall be treated as beneficially owned by persons who are not qualified persons or companies.
For the purpose of determining whether a fishing vessel is eligible to be registered as a British fishing vessel, the Secretary of State may, if he thinks fit, appoint a person— and any person so appointed shall, for the purpose of conducting the investigation, have the powers conferred on an inspector by the provisions of section 27 of the Merchant Shipping Act 1979 (other than paragraphs (d) to (h) of subsection (1) of that section).
to investigate the eligibility of the vessel to be so registered, and
to make a report of his conclusions to the Secretary of State;
In this section—
“the relevant percentage” means 75 per cent. or such greater percentage (which may be 100 per cent.) as may for the time being be prescribed.
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If, on an application for the registration of a fishing vessel made in accordance with regulations under section 13, the Secretary of State is satisfied— he shall (subject to subsection (2)) cause the vessel to be registered as a British fishing vessel.
that the vessel is eligible to be registered as a British fishing vessel, and
that any relevant requirements of any such regulations have been complied with in relation to the vessel,
Notwithstanding that the Secretary of State is so satisfied, he may refuse any such application if he is satisfied that there is not in force in respect of the vessel any certificate required to be so in force by virtue of section 4 of the Fishing Vessels (Safety Provisions) Act 1970 (prohibition on going to sea without appropriate certificates).
If, on any such application, the Secretary of State is not satisfied as mentioned in subsection (1), he shall refuse the application.
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In a case where the owner of a registered vessel is a company, subsection (1) shall apply to any person holding any shares in the company as it applies to the company.
Where the Secretary of State has served a notice under subsection (1) with respect to any vessel, then, unless he has become satisfied that the vessel is eligible to be registered as a British fishing vessel—
he shall, as soon as practicable after the end of the period of 30 days beginning with the date of service of that notice, serve a notice under subsection (6) on the owner of the vessel, and
the vessel’s registration shall terminate by virtue of this subsection at the relevant time.
Where it appears to the Secretary of State that there is not in force in respect of any registered vessel any such certificate as is mentioned in section 15(2), he may by notice served on the owner of the vessel require the vessel to be presented for a survey under the fishing vessel survey rules within the period of 30 days beginning with the date of service of the notice.
If the vessel is not presented for such a survey within that period—
the Secretary of State shall serve a notice under subsection (6) on the owner of the vessel, and
the vessel’s registration shall terminate by virtue of this subsection at the relevant time.
A notice under this subsection is a notice stating— as the case may be, and that the vessel’s registration will accordingly terminate at the relevant time by virtue of subsection (3) or (5).
that the Secretary of State is not satisfied that the vessel in question is eligible to be registered as a British fishing vessel, or
that the vessel has not been presented for a survey as required by a notice under subsection (4),
In this section “the relevant time”, in relation to a notice under subsection (6), means the end of the period of 14 days beginning with the date of service of that notice.
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Where the registration of any vessel has terminated by virtue of section 16(3) or (5), then, without prejudice to the operation of any other provision of this Part of this Act or of regulations under section 13, the vessel shall not again be registered as a British fishing vessel unless—
the Secretary of State is satisfied that the earlier failure of the vessel to be eligible to be so registered or (as the case may be) to be presented for a survey was due to inadvertence, and (in the latter case) that the vessel has since been presented for a survey, or
the Secretary of State consents to the vessel being so registered, or
in the case of a vessel whose registration terminated by virtue of section 16(3), the Secretary of State is satisfied that the vessel has been disposed of by its former registered owner by means of a transaction at arm’s length and that no person who for the time being is a relevant owner of the vessel was a relevant owner of it at the time when its registration terminated.
In subsection (1)(a) “survey” means a survey under the fishing vessel survey rules.
For the purposes of subsection (1)(c) a person is a relevant owner of a vessel at any time if at that time— whether vested in, or (as the case may be) owned by, that person alone or together with any other person or persons.
the legal title to the vessel or any share in it is vested in that person, or
the vessel or any share in it is beneficially owned by that person, or
any shares in a company falling within paragraph (a) or (b) above are legally or beneficially owned by that person,
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For the purposes of the registration of a fishing vessel—
the property in the vessel shall be divided into 64 shares;
except as provided by paragraph (c), the number of persons registered as owners of the vessel shall not at any time exceed 64;
any number of persons not exceeding five may be registered as joint owners of the vessel or of any share in the vessel (but for the purposes of paragraph (b) the registered joint owners of any such share shall be treated as constituting one person);
a registered joint owner of the vessel or of any share in the vessel shall not be entitled to dispose of his interest in the vessel or share separately from the interest or interests in it of the other joint owner or joint owners; and
a person shall not be entitled to be registered as the owner of a fractional part of a share in the vessel.
Subsection (1)(b) and (c) do not prejudice any beneficial interest of any person represented by or claiming under or through a registered owner (including a registered joint owner).
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Any transfer of— shall be effected by a bill of sale satisfying the requirements specified in subsection (2), unless the transfer will result in the vessel ceasing to be British-owned for the purposes of section 14(1)(a).
a registered vessel (not being a vessel registered in pursuance of paragraph 2(c) of Schedule 2), or
a share in any such vessel,
Those requirements are that the bill of sale—
is in such form as may be prescribed or approved by the Secretary of State; and
contains a description of the vessel sufficient to identify the vessel to the satisfaction of the Secretary of State.
Where any such vessel or share has been transferred in accordance with subsection (1), the transferee shall not be registered as owner of the vessel or share unless— and section 15(2) and (3) shall apply in relation to an application under this subsection as they apply in relation to an application for the registration of a fishing vessel.
he has made an application for the purpose in accordance with regulations under section 13 and has produced to the Secretary of State the bill of sale by which the vessel or share has been so transferred, and
the Secretary of State is satisfied as mentioned in section 15(1);
If an application under subsection (3) is granted by the Secretary of State, the Secretary of State shall—
register the bill of sale referred to in paragraph (a) of that subsection by causing the applicant’s name to be entered in the register as owner of the vessel or share in question, and
endorse on the bill of sale the fact that that entry has been made, together with the date and time when it was made.
Bills of sale shall be registered under subsection (4) in the order in which they are produced to the Secretary of State for the purposes of registration.
If on an application under subsection (3) the Secretary of State is not satisfied that the vessel with respect to which the application is made is eligible to be registered as a British fishing vessel—
the Secretary of State shall serve a notice under subsection (7) on the owner of the vessel; and
the vessel’s registration shall terminate by virtue of this subsection at the end of the period of 14 days beginning with the date of service of that notice.
A notice under this subsection is a notice stating—
that the Secretary of State is not satisfied that the vessel in question is eligible to be registered as a British fishing vessel; and
that the vessel’s registration will accordingly terminate by virtue of subsection (6) at the end of the period referred to in that subsection.
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Where a registered vessel, or a share in a registered vessel, is transmitted to any person by any lawful means other than by a transfer under section 19, that person shall not be registered as owner of the vessel or share unless— and section 15(2) and (3) shall apply in relation to an application under this subsection as they apply in relation to an application for the registration of a fishing vessel.
he has made an application for the purpose in accordance with regulations under section 13 and has produced to the Secretary of State such evidence of the transmission as may be prescribed; and
the Secretary of State is satisfied as mentioned in section 15(1);
If an application under subsection (1) is granted by the Secretary of State, he shall cause the applicant’s name to be entered in the register as owner of the vessel or share.
The preceding provisions of this section shall apply in relation to the transmission of the interest of a joint owner in a registered vessel or in a share in any such vessel as they apply in relation to the transmission of any such vessel or share, except that anything required to be done by virtue of subsection (1)(a) shall be done by both or all of the joint owners of the vessel or share.
If on an application under subsection (1) the Secretary of State is not satisfied that the vessel with respect to which the application is made is eligible to be registered as a British fishing vessel—
the Secretary of State shall serve a notice under subsection (5) on the owner of the vessel; and
the vessel’s registration shall terminate by virtue of this subsection at the end of the period of 14 days beginning with the date of service of that notice.
A notice under this subsection is a notice stating—
that the Secretary of State is not satisfied that the vessel in question is eligible to be registered as a British fishing vessel; and
that the vessel’s registration will accordingly terminate by virtue of subsection (4) at the end of the period referred to in that subsection.
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Schedule 3 to this Act (which makes provision with respect to the registration of mortgages) shall have effect.
Where the registration of any fishing vessel terminates by virtue of any provision of this Act, the termination of that registration shall not affect any entry made in the register under Schedule 3 so far as relating to any undischarged registered mortgage of that vessel or of any share in it.
In subsection (2) “registered mortgage” has the same meaning as in Schedule 3.
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If any fishing vessel to which this subsection applies fishes for profit—
the skipper, the owner and any charterer of the vessel shall each be guilty of an offence; and
the vessel shall be liable to forfeiture.
Subsection (1) applies to any fishing vessel which is either— but is neither registered under this Part nor excluded from registration by regulations under section 13 nor registered under the law of any country outside the United Kingdom.
eligible to be registered under this Part, or
wholly owned by one or more persons qualified to be owners of British ships for the purposes of Part I of the 1894 Act,
Subsection (1) also applies to any fishing vessel which (notwithstanding that it is not entitled to be so registered) is for the time being registered in the United Kingdom under Part I of the 1894 Act or section 5 of the Merchant Shipping Act 1983 (registration of small ships).
Subject to subsection (8), if any prescribed marks are displayed on a fishing vessel which is not a registered vessel, the skipper, the owner and any charterer of the vessel shall each be guilty of an offence.
If the skipper or owner of a fishing vessel which is not a registered vessel does anything, or permits anything to be done, for the purpose of causing the vessel to appear to be a registered vessel, then (subject to subsection (8))—
the skipper, the owner and any charterer of the vessel shall each be guilty of an offence; and
the vessel shall be liable to forfeiture.
Where a fishing vessel is not a British ship and is not registered under the law of any country outside the United Kingdom, but— then (notwithstanding that the vessel is not entitled to any benefits, privileges, advantages or protection usually enjoyed by a British ship) the vessel shall, for the purposes mentioned in subsection (7), be dealt with in the same manner in all respects as if the vessel were a British ship.
it is eligible to be registered under this Part, or
it is wholly owned by one or more such persons as are mentioned in subsection (2)(b), or
(subject to subsection (8)) any prescribed marks are displayed on it,
Those purposes are—
the payment of dues, fees or other charges;
liability to fines and forfeiture; and
the punishment of offences committed on board the vessel, or by any persons belonging to it.
Where the registration of any vessel has terminated by virtue of any provision of this Part, any prescribed marks displayed on the vessel within the period of 14 days beginning with the date of termination of that registration shall be disregarded for the purposes of subsections (4) to (6).
Subsections (1), (4) and (5)(a) apply to offences falling within those provisions wherever committed.
Section 76 of the 1894 Act (proceedings on forfeiture of ship) shall apply to any vessel liable to forfeiture under this section as it applies to any such ship as is mentioned in subsection (1) of that section.
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If at any time there occurs, in relation to a registered vessel— the owner of the vessel shall, as soon as practicable after the change occurs, notify the Secretary of State in writing of that change.
any change affecting the eligibility of the vessel to be registered as a British fishing vessel, or
any change (not falling within paragraph (a)) in the percentage of the property in the vessel which is beneficially owned by persons who are qualified persons or companies within the meaning of section 14,
Any person who contravenes subsection (1) shall be guilty of an offence.
Any person who— knowingly or recklessly furnishes information which is false in a material particular shall be guilty of an offence.
in connection with the registration of any vessel or the making of any other entry in the register in pursuance of this Part, or
in purported compliance with the requirements of any notice under section 16(1),
Any person who intentionally alters, suppresses, conceals or destroys a document which he has been required to produce by a notice under section 16(1) shall be guilty of an offence.
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Any person guilty of an offence under section 22 or 23 shall be liable—
on summary conviction, to a fine not exceeding £50,000;
on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both.
Proceedings for an offence under section 22 or 23 shall not be instituted—
in England and Wales, except by or with the consent of the Attorney General, the Secretary of State or the Minister; or
in Northern Ireland, except by or with the consent of the Attorney General for Northern Ireland, the Secretary of State or the Minister.
Proceedings for an offence under section 22 may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.
In this section “the Minister”—
in relation to England and Wales, means the Minister of Agriculture, Fisheries and Food; and
in relation to Northern Ireland, means the Secretary of State concerned with sea fishing in Northern Ireland.
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Any reference (however phrased) in any statutory provision not contained in this Act to the registration of a fishing vessel under any of the enactments specified in section 13(2) shall, so far as the context permits, be construed as, or as including, a reference to the registration of a fishing vessel under this Part; and connected phrases shall be construed accordingly.
The following provisions of the 1894 Act, namely— shall not apply to a registered vessel; and section 72 of that Act (liabilities of unregistered ships) shall not apply to a fishing vessel (whether registered or not).
section 69 (penalty for unduly assuming British character), and
section 71 (penalty for acquiring ownership if unqualified),
Sections 8 and 9 of the Sea Fisheries Act 1968 (general powers of British sea-fishery officers and powers of sea-fishery officers to enforce conventions) shall apply in relation to— as they apply in relation to any order mentioned in section 8 of that Act and in relation to any convention mentioned in section 9 of that Act respectively; and sections 10 to 12 and 14 of that Act (offences and supplemental provisions as to legal proceedings) shall apply accordingly.
this Part of this Act, and
any regulations made under it,
A document purporting to be a copy of any information contained in an entry in the register and to be certified as a true copy by an authorised officer of the Secretary of State shall be evidence (and, in Scotland, sufficient evidence) of the matters stated in the document.
The Secretary of State may, with the consent of the Treasury, give any person or body of persons of any description determined by him for the purposes of this section financial assistance in respect of expenses incurred or to be incurred by any such person or body in connection with the training (whether in the United Kingdom or elsewhere) of officers and ratings for service in merchant ships, including expenses incurred or to be incurred by any such person in connection with his undergoing any such training.
Assistance under this section may be given by way of a grant or a loan or otherwise; and in giving any such assistance the Secretary of State may impose such conditions as he thinks fit, including conditions requiring a grant to be repaid in specified circumstances.
This section is without prejudice to any other power of the Secretary of State to give financial assistance in connection with any such training as is mentioned in subsection (1).
The Secretary of State may, with the consent of the Treasury, give financial assistance to— in respect of travel and other costs incurred by the owner or manager in connection with members of the ship’s crew joining or leaving the ship outside the Limited European trading area.
the owner of a ship registered in the British Islands, or
any manager of a ship so registered, being either an individual ordinarily resident in the British Islands or a body corporate which is incorporated in the British Islands and has its principal place of business there,
If the Secretary of State so determines, eligibility for assistance under this section shall be conditional on the fulfilment of such conditions with respect to all or any of the following matters as are specified in his determination, namely —
the nationality of any person in relation to whom any such costs as are mentioned in subsection (1) are incurred;
the ordinary residence of any such person;
the place (outside the Limited European trading area) where any such person joins or leaves his ship.
Assistance under this section may be given by way of a grant or a loan or otherwise; and in giving any such assistance the Secretary of State may impose such conditions as he thinks fit.
For the purposes of this section—
the crew of a ship shall be taken to include the master and other officers of the ship; and
“the Limited European trading area” has the same meaning as it has for the purposes of any regulations made under section 43 of the Merchant Shipping Act 1970 (regulations about manning).
The Secretary of State may establish and maintain a body of persons to be known as the Merchant Navy Reserve whose members may, in such circumstances and for such periods as the Secretary of State may determine, be required by him to serve in ships belonging to or employed in the service of Her Majesty.
The Merchant Navy Reserve shall consist of such number of persons as the Secretary of State may determine who voluntarily undertake to become members of the Reserve and are accepted as members of it.
The Secretary of State may determine the procedure by which, and the conditions under which, persons may become, or (subject to any regulations made by him under this section) may cease to be, members of the Merchant Navy Reserve.
The Secretary of State may make regulations with respect to the calling into, and discharge from, service of members of the Merchant Navy Reserve and with respect to other matters relating to the service of members of the Reserve.
Any such regulations may, in particular, make provision—
for call-out notices to be served on members of the Reserve;
for the requirements to be complied with by persons on whom such notices have been served;
as to the uniform and equipment with which members of the Reserve are to be provided;
for regulating the conduct and discipline of members of the Reserve who have entered into service, and for securing their attendance at their places of duty;
for the imposition of fines, or the forfeiture of pay or other amounts, for misconduct or breaches of discipline or for contraventions of provisions of the regulations.
Without prejudice to the operation of subsection (5)(e), regulations under this section may provide that a contravention of the regulations shall be an offence punishable on summary conviction by a fine not exceeding the third level on the standard scale or such lower amount as is prescribed by the regulations.
Subject to such conditions as the Secretary of State may determine, there shall be payable to members of the Merchant Navy Reserve such pay, bounties and allowances as he may determine.
The Secretary of State may make such payments as he thinks fit in connection with the training and certification of members of the Merchant Navy Reserve (including payments to persons undergoing such training and payments in connection with the re-validation of certificates).
The Secretary of State shall not make any determination under subsection (1), or any payment under subsection (2), except with the consent of the Treasury.
Where any person is called into service by virtue of regulations under section 28—
the provisions of the Reserve Forces (Safeguard of Employment) Act 1985 shall apply to that person as if any service rendered by him in pursuance of the call-out were whole-time service within the meaning of that Act; and
any service so rendered shall be relevant service within the meaning of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951.
If, having regard to the nature of the service for which it is intended— is, by reason of any of the matters mentioned in subsection (3), not fit to go to sea without serious danger to human life, then, subject to subsections (5) and (6), the master and the owner of the ship shall each be guilty of an offence.
a ship in a port in the United Kingdom, or
a ship registered in the United Kingdom which is in any other port,
Where, at the time when a ship is not fit to go to sea as mentioned in subsection (1), any responsibilities of the owner with respect to the particular matters by reason of which the ship is not fit to go to sea have been assumed (whether wholly or in part) by any person or persons other than the owner, and have been so assumed by that person or (as the case may be) by each of those persons either— the reference to the owner in subsection (1) shall be construed as including a reference to that other person or (as the case may be) to each of those other persons.
directly, under the terms of a charter-party or management agreement made with the owner, or
indirectly, under the terms of a series of charter-parties or management agreements,
The matters referred to in subsection (1) are—
the condition, or the unsuitability for its purpose, of—
the ship or its machinery or equipment, or
any part of the ship or its machinery or equipment;
undermanning;
overloading or unsafe or improper loading;
any other matter relevant to the safety of the ship.
A person guilty of an offence under this section shall be liable—
on summary conviction, to a fine not exceeding £50,000;
on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both.
It shall be a defence in proceedings for an offence under this section to prove that at the time of the alleged offence—
arrangements had been made which were appropriate to ensure that before the ship went to sea it was made fit to do so without serious danger to human life by reason of the matters falling within subsection (3) which are specified in the charge (or, in Scotland, which are libelled in the complaint, petition or indictment); or
it was reasonable for such arrangements not to have been made.
It shall also be a defence in proceedings for an offence under this section to prove— and, in determining whether the defendant had done so, regard shall be had in particular to the matters mentioned in subsection (7).
that, under the terms of one or more charter-parties or management agreements entered into by the defendant, the relevant responsibilities, namely— had at the time of the alleged offence been wholly assumed by some other person or persons party thereto; and
where the defendant is the owner, his responsibilities with respect to the matters referred to in subsection (5) (a), or
where the defendant is liable to proceedings under this section by virtue of subsection (2), so much of those responsibilities as had been assumed by him as mentioned in that subsection,
that in all the circumstances of the case the defendant had taken such steps as it was reasonable for him to take, and exercised such diligence as it was reasonable for him to exercise, to secure the proper discharge of the relevant responsibilities during the period during which they had been assumed by some other person or persons as mentioned in paragraph (a);
Those matters are—
whether prior to the time of the alleged offence the defendant was, or in all the circumstances ought reasonably to have been, aware of any deficiency in the discharge of the relevant responsibilities; and
the extent to which the defendant was or was not able, under the terms of any such charter-party or management agreement as is mentioned in subsection (6)(a)— in the event of any such deficiency, and whether it was reasonable for the defendant to place himself in that position.
to terminate it, or
to intervene in the management of the ship,
No proceedings for an offence under this section shall be instituted—
in England and Wales, except by or with the consent of the Secretary of State or the Director of Public Prosecutions;
in Northern Ireland, except by or with the consent of the Secretary of State or the Director of Public Prosecutions for Northern Ireland.
In this section— and any reference in this section to going to sea shall, in a case where the service for which a ship is intended consists of going on voyages or excursions that do not involve going to sea, be construed as a reference to going on such a voyage or excursion.
References in this section to responsibilities being assumed by a person under the terms of a charter-party or management agreement are references to their being so assumed by him whether or not he has entered into a further charter-party or management agreement providing for them to be assumed by some other person.
It shall be the duty of the owner of a ship to which this section applies to take all reasonable steps to secure that the ship is operated in a safe manner.
This section applies to—
any ship registered in the United Kingdom; and
any ship which— unless the ship would not be so proceeding but for weather conditions or any other unavoidable circumstances.
is registered under the law of any country outside the United Kingdom, and
is within the seaward limits of the territorial sea of the United Kingdom while proceeding to or from a port in the United Kingdom,
If the owner of a ship to which this section applies fails to discharge the duty imposed on him by subsection (1), he shall be guilty of an offence and liable—
on summary conviction, to a fine not exceeding £50,000;
on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both.
Where any such ship—
is chartered by demise, or
is managed, either wholly or in part, by a person other than the owner under the terms of a management agreement within the meaning of section 30,
any reference to the owner of the ship in subsection (1) or (3) above shall be construed as including a reference—
to the charterer under the charter by demise, or and accordingly the reference in subsection (1) to the taking of all reasonable steps shall, in relation to the owner, the charterer or any such manager, be construed as a reference to the taking of all such steps as it is reasonable for him to take in the circumstances of the case.
to any such manager as is referred to in paragraph (b), or
(if the ship is both chartered and managed as mentioned above) to both the charterer and any such manager,
No proceedings for an offence under this section shall be instituted—
in England and Wales, except by or with the consent of the Secretary of State or the Director of Public Prosecutions;
in Northern Ireland, except by or with the consent of the Secretary of State or the Director of Public Prosecutions for Northern Ireland.
The Secretary of State shall, for the purpose of the investigation of any such accidents as are mentioned in subsection (2), appoint such number of persons as he may determine to be inspectors of marine accidents, and he shall appoint one of those persons to be Chief Inspector of Marine Accidents.
The accidents referred to in subsection (1) are—
any accident involving a ship or ship’s boat where, at the time of the accident—
the ship is registered in the United Kingdom, or
the ship, or (in the case of an accident involving a ship’s boat) that boat, is within the seaward limits of the territorial sea of the United Kingdom; and
such other accidents involving ships or ships' boats as the Secretary of State may determine.
The Secretary of State may by regulations make such provision as he considers appropriate with respect to the investigation of any such accidents as are mentioned in subsection (2).
Any such regulations may, in particular, make provision—
with respect to the definition of “accident” for the purposes of this section and the regulations;
imposing requirements as to the reporting of accidents;
prohibiting, pending investigation, access to or interference with any ship or ship’s boat involved in an accident;
authorising any person, so far as may be necessary for the purpose of determining whether an investigation should be carried out, to have access to, examine, remove, test, take measures for the preservation of, or otherwise deal with, any such ship or boat or any other ship or ship’s boat;
specifying, with respect to the investigation of accidents, the functions of the Chief Inspector of Marine Accidents (which may include the function of determining whether, and if so by whom, particular accidents should be investigated), the functions of other inspectors of marine accidents, and the manner in which any such functions are to be discharged;
for the appointment by the Chief Inspector of Marine Accidents, in such circumstances as may be specified in the regulations, of persons to carry out investigations under this section who are not inspectors of marine accidents;
for the appointment by any Minister of the Crown of persons to review any findings or conclusions of a person carrying out an investigation under this section;
for the procedure to be followed in connection with investigations or reviews under this section;
for conferring on persons discharging functions under the regulations who are not inspectors of marine accidents all or any of the powers conferred on an inspector by section 27 of the Merchant Shipping Act 1979;
for the submission to the Secretary of State, and the publication by him, of reports of investigations or reviews under this section;
for the publication by the Chief Inspector of Marine Accidents of reports and other information relating to accidents.
Regulations under this section may provide for any provisions of the regulations to apply to any specified class or description of incidents or situations which involve, or occur on board, ships or ships' boats but are not accidents for the purposes of the regulations, being a class or description framed by reference to any of the following, namely— whether actually occurring or not, and (subject to such modifications as may be specified in the regulations) for those provisions to apply in relation to any such incidents or situations as they apply in relation to accidents.
the loss or destruction of or serious damage to any ship or structure,
the death of or serious injury to any person, or
environmental damage,
Regulations under this section may provide that a contravention of the regulations shall be an offence punishable on summary conviction by a fine not exceeding the statutory maximum and on conviction on indictment by a fine.
The Chief Inspector of Marine Accidents, or (as the case may be) inspectors of marine accidents generally, shall discharge such functions in addition to those conferred by or under the preceding provisions of this section as the Secretary of State may determine.
Any inspector of marine accidents shall, for the purpose of discharging any functions conferred on him by or under this section, have the powers conferred on an inspector by section 27 of the Merchant Shipping Act 1979.
Nothing in this section shall limit the powers of any authority under sections 530 to 537 of the 1894 Act (removal of wrecks).
In this section—
references to an accident involving a ship or ship’s boat include references to an accident occurring on board a ship or ship’s boat (and any reference to a ship or ship’s boat involved in an accident shall be construed accordingly); and
“ship’s boat” includes a liferaft.
The Merchant Shipping (Oil Pollution) Act 1971 (“the 1971 Act”) and the Merchant Shipping Act 1974 (“the 1974 Act”) shall be amended in accordance with Parts I and II of Schedule 4 to this Act (which contain amendments designed to implement provisions of the following Conventions, namely—
the International Convention on Civil Liability for Oil Pollution Damage 1984; and
the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1984).
Her Majesty may by Order in Council make such provision as appears to Her Majesty to be appropriate in connection with the implementation of any transitional provisions contained in those Conventions; and any such Order may in particular provide, in relation to occurrences of any description specified in the Order—
for provisions of the l971 Act or the 1974 Act to have effect —
to such extent as is so specified, as if Schedule 4 to this Act were not in force, and
to such extent as is so specified, as if that Schedule were in force;
for any such provisions to have effect (whether as amended by that Schedule or not) subject to such modifications as are so specified.
The Secretary of State may by regulations make, in relation to the transfer of cargo, stores, bunker fuel or ballast between ships while within the seaward limits of the territorial sea of the United Kingdom, such provision as he considers appropriate for preventing pollution, danger to health or to navigation, or hazards to the environment or to natural resources.
Regulations under this section may, in particular, do any of the following things, namely—
prohibit transfers of any specified description or prohibit transfers if, or unless, carried out in specified areas, circumstances or ways;
make provision about—
the design of, and standards to be met by, ships and equipment,
the manning of ships, including the qualifications and experience to be possessed by persons of any specified description employed on board, and
the qualifications and experience to be possessed by persons (whether masters or not) controlling the carrying out of transfers or operations ancillary thereto;
provide for proposed transfers to be notified to and approved by persons appointed by the Secretary of State or another person, and for the supervision of transfers, and the inspection of ships and equipment, by persons so appointed;
provide—
for the procedure to be followed in relation to the approval of transfers to be such as may be prescribed by any document specified in the regulations, and
for references in the regulations to any document so specified to operate as references to that document as revised or re-issued from time to time;
provide for the making and keeping of records about ships and equipment, the issuing of certificates, and the furnishing of information;
require the payment of fees determined with the approval of the Treasury;
provide for the granting by the Secretary of State or another person of exemptions from specified provisions of the regulations, on such terms (if any) as the Secretary of State or that other person may specify, and for altering or cancelling exemptions;
limit any provision of the regulations to specified cases or kinds of case.
Regulations under this section may provide—
that a contravention of the regulations shall be an offence punishable on summary conviction by a fine not exceeding £25,000 and on conviction on indictment by imprisonment for a term not exceeding two years or a fine or both;
that any such contravention shall be an offence punishable only on summary conviction by a fine not exceeding £25,000 or such lower amount as is prescribed by the regulations;
that, in such cases as are prescribed by the regulations, such persons as are so prescribed shall each be guilty of an offence created by virtue of paragraph (a) or (b) above.
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The Coast Protection Act 1949 shall be amended as follows.
In section 34(1) (restriction of works detrimental to navigation and carried out below high water mark of ordinary spring tides)—
in paragraph (a), for “high water mark of ordinary spring tides” there shall be substituted “the level of mean high water springs”;
in paragraph (c), for “low water mark of ordinary spring tides” there shall be substituted “the level of mean low water springs”; and
for the words from “so that” onwards there shall be substituted “if the operation (whether while being carried out or subsequently) causes or is likely to result in obstruction or danger to navigation.”
The following subsection shall be inserted after section 34(3)—
The following subsection shall be inserted after section 34(4)—
In section 36 (enforcement of section 34)—
after subsection (1) there shall be inserted—;
in subsection (2), for “the last foregoing subsection” there shall be substituted “subsection (1) of this section”; and
in subsection (4), after “from the person” there shall be inserted “on whom the notice was served under subsection (2) of this section or (if no such notice was served) from the person”.
After section 36 insert—
In section 49 (interpretation)—
in subsection (1), in the definitions of “sea” and “seashore”, for “the next following subsection” there shall be substituted “subsections (2) and (2A) of this section”; and
the following subsection shall be inserted after subsection (2)—
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Where—
it appears to the Secretary of State that any harbour authority have, by virtue of any statutory provision, power to license or otherwise regulate operations of any description falling within any of paragraphs (a) to (c) of section 34(1) of the Coast Protection Act 1949 (“the relevant power”), and
he considers it appropriate to do so,he may make regulations providing for section 34 of that Act not to apply to operations of that description in relation to which the relevant power is exercisable and which are carried out within such area or areas falling within the jurisdiction of that harbour authority as may be specified in the regulations (“the prescribed operations”); and, if he does so, the relevant power shall be exercisable by the harbour authority, in relation to the prescribed operations, subject to and in accordance with the following provisions of this section.
Regulations made by the Secretary of State under this section with respect to any harbour authority may make provision—
in connection with the exercise by the authority of the relevant power in relation to the prescribed operations—
for any matter for which provision is made by sections 34(2) to (4A) and 36 of the Coast Protection Act 1949, and
for any provision of the regulations made in pursuance of sub-paragraph (i) above or any of paragraphs (b) to (g) below to have effect in addition to or in substitution for any other statutory provision which (apart from the regulations) has effect in that connection;
requiring the authority to advertise in such manner as may be specified in the regulations— and to give to the Secretary of State such notice of any of those matters as may be so specified;
any application made to them for the grant, in the exercise of the relevant power, of a licence to carry out a prescribed operation, and
the grant of any such licence and any conditions subject to which it has been granted,
enabling representations to be made with respect to any such application in such manner as may be specified in the regulations;
requiring the authority, when determining any such application, to have regard to any representations made in accordance with the regulations so far as touching on any consideration material to the authority’s decision on the application;
enabling an appeal to the Secretary of State to be brought, by such persons, on such grounds and in such manner as may be specified in the regulations, against—
the grant or refusal of any such licence, or
any conditions imposed on the grant of any such licence;
for the operation of any such licence to be suspended during the period during which such an appeal may be brought and, if such an appeal is brought by a person other than the applicant, until such time (if any) as the authority’s decision on the application is affirmed by the Secretary of State;
authorising the Secretary of State on such an appeal to do any of the things mentioned in subsection (6)(a) to (c) below;
for any statutory provision having effect in relation to the authority to have effect subject to such modifications as appear to the Secretary of State to be necessary or expedient—
for the purpose of making provision for any matter for which provision may be made by virtue of any of paragraphs (a) to (g) above, or
in consequence of any provision of the regulations made in pursuance of any of those paragraphs.
Where— the Secretary of State may, within the period of 60 days beginning with the date of the authority’s determination, serve a notice on the authority requiring them to furnish him with written particulars of their determination, and with any documents in their possession relating to the application, in order that he may redetermine the application.
any regulations under this section are in force in relation to a harbour authority, and
the authority have determined an application made to them for the grant, in the exercise of the relevant power, of a licence to carry out a prescribed operation, and
no appeal has been brought (whether under the regulations or otherwise) in respect of their determination of the application, but
the Secretary of State considers that it would be appropriate in the interests of the safety of navigation for the application to be redetermined by him,
Where the Secretary of State serves a notice under subsection (3) in respect of any application—
the Secretary of State shall serve a copy of that notice on the applicant and shall, in such manner as he thinks fit, advertise the fact that the application is to be redetermined by him; and
the operation of any licence granted by the authority in pursuance of the application shall be suspended until such time (if any) as the authority’s decision to grant the licence is affirmed by the Secretary of State under subsection (6).
The Secretary of State shall, when redetermining any application, have regard to any representations made to him by persons appearing to him to be likely to be affected by the operation to which the application relates where those representations have been made to him within the period of 30 days beginning with the date (or, as the case may be, the latest date) of the publication of any advertisement published in pursuance of subsection (4)(a).
Where the Secretary of State redetermines an application, he may (according to the circumstances of the case)—
direct the harbour authority to grant either— as he thinks fit;
a licence free from conditions, or
a licence subject to such conditions as are specified in the direction,
direct the harbour authority to cancel any licence granted by them in pursuance of the application; or
affirm the harbour authority’s determination of the application.
“relevant overseas territory” means—
in the form in which it was originally applied for by the applicant, or
the provisions of Part I of the 1894 Act down to and including section 67 of that Act;
the Isle of Man,
in that form but subject to such modifications as are specified in the direction,
as the Secretary of State thinks fit; but where the Secretary of State proposes to specify any modifications under paragraph (b) above which appear to him to be capable of resulting in any substantial interference with navigation—
he shall take such steps as appear to him to be reasonably practicable for informing persons likely to be concerned, and
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for subsection (1) substitute—; and
omit subsection (2).
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in subsection (1), omit “British”;
omit subsection (2); and
in subsection (5), for the words from “British” to “so marked” substitute “registered ship neglects to keep his ship marked as required by this section”.
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omit paragraph (iii);
in paragraph (iv), for the words from “of which” onwards substitute “the legal title to which is vested in him or (as the case may be) the corporation, whether alone or jointly with any other person or persons:”;
for paragraph (v) substitute—; and
In the application of this section to a ship which is not wholly owned by persons qualified to be owners of British ships, paragraph (i) above shall have effect only in relation to persons who are so qualified.
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for subsection (2) substitute—;
in subsection (3), for the words from “her port” (where first occurring) to “that port” substitute “a port in the United Kingdom”; and
at the end add—
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in subsection (1)—
every registered owner
for the words from “book and” onwards substitute “and the registry of the ship shall terminate forthwith.”;
for subsection (2) substitute—; and
at the end add—
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omit “, or to the governor of a British possession,”;
for the words from “any port” to “dominions”, in the second place where it occurs, substitute “one port in the United Kingdom to another”; and
omit “or the governor”.
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after “transferred” insert “in accordance with section 24(1) of this Act”;
for paragraph (b) substitute—; and
In the application of this section to a ship which is not wholly owned by persons qualified to be owners of British ships, paragraph (a) above shall have effect only in relation to persons who are so qualified.
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in subsection (1)—
for the words from “a person” to “under this Act” substitute “any person by any lawful means other than a transfer under section 24 of this Act and a majority interest in the ship remains in the ownership of persons qualified to be owners of British ships”, and
omit paragraph (b); and
in subsection (2), omit “book”.
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in subsection (1), omit “marriage,”; and
in subsection (2), omit “book”.
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in subsection (1)—
at the beginning insert “Subject to subsection (5) of this section,”, and
after “one port” insert “in the United Kingdom”;
in subsection (4)—
before “grant” insert “(subject to subsection (5) of this section)”, and
for “his register book” substitute “the register”; and
after subsection (4) add—
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“, if taken in any part of the United Kingdom,”; and
the words from “if taken in a British possession” onwards.
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in subsection (1)—
omit “in the United Kingdom”,
omit the words from “, and every” to “Seamen,”, and
for “him” (where it first occurs) substitute “the Registrar-General of Shipping and Seamen”; and
in subsection (2), omit “at a port in the United Kingdom”.
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in subsection (1), for “any register book” substitute “the information contained in any entries in the register”;
in subsection (2)—
omit paragraph (a), and
in paragraph (d), omit “in respect of a British ship”; and
for subsection (3) substitute—
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in subsection (1), omit the words from “, and also” to “schedule”;
in subsections (2) and (4), omit “book” wherever occurring; and
omit subsection (3).
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in subsection (1)—
for “ships and boats belonging to any British subject” substitute “British ships”, and
omit “or boats” and “or boat”;
in subsection (2)—
for “ship or boat belonging to any British subject” substitute “British ship”, and
omit “or boat” (where last occurring); and
in subsection (3), omit “or boat”.
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in subsection (1), for “A ship belonging to a British subject” substitute “A British ship”; and
for subsection (3) substitute—
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for “Her Majesty’s dominions” substitute “the United Kingdom”;
for “British”, in the first and second places where it occurs, substitute “registered”; and
for “British ship registered in the United Kingdom” substitute “registered ship”.
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omit Part I; and
in Part II— “Mortgage.” “Transfer of mortgage.”
omit “Certificate of mortgage”, “Certificate of sale” and “Revocation of certificate of sale or mortgage”, and
at the end add—
shall not so specify those modifications unless there has elapsed such period for consideration of, and comment upon, them as he thinks reasonable.
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“relevant statutory provision” means any provision of this Part or ofregulations;
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for the persons by whom and the manner in which applications in connection with registration are to be made (including provision limiting the persons who may apply for registration, whether by reference to residence or place of business or otherwise);
for the information and evidence to be provided in connection with such applications and for such supplementary information or evidence as may be required by any authority specified in the regulations for the purpose to be so provided, and for the production, in connection with such applications, of declarations of British character;
for the registration of vessels as vessels to which the provisions of this Part relating to transfers by bill of sale and the registration of mortgages do not apply;
for the issue of certificates of registration (including temporary certificates), their production and surrender;
for the marking of registered vessels;
for the period for which the registration of a vessel is to remain effective without renewal;
for matters arising out of the expiration or termination of registration (including the removal of marks and the cancellation of certificates);
for declarations of British character to be produced to the Secretary of State, as respects registered vessels, at specified intervals or at the request of the Secretary of State;
for the payment of fees determined with the approval of the Treasury;
excluding from registration, or from any provision of the regulations, any specified class or description of vessel;
for the manner in which notices or other documents required or authorised to be given or served by virtue of any relevant statutory provision are to be given or served;
for prescribing anything which is authorised to be prescribed under this Part;
for any of the provisions of Part I of the 1894 Act to have effect in relation to the registration of fishing vessels subject to such modifications (if any) as may be specified;
for any other matters relating to the establishment and maintenance of the register (including its inspection).
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for fishing vessels acquired outside the United Kingdom which are eligible to be registered as British fishing vessels to be provisionally registered as such pending their registration in the register;
for any such provisional registration to terminate in specified circumstances (including failure to comply with requirements imposed by or under the regulations).
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Section 21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In this Schedule—
Any registered vessel or share in a registered vessel may be made a security for the repayment of a loan or the discharge of any other obligation. The instrument creating any such security (referred to in this Schedule as a mortgage) shall be in such form as is prescribed or approved by the Secretary of State. Where a mortgage executed in accordance with sub-paragraph (2) is produced to the Secretary of State, he shall— Mortgages shall be registered under sub-paragraph (3) in the order in which they are produced to the Secretary of State for the purposes of registration.
Where two or more mortgages are registered in respect of the same vessel or share, the priority of the mortgagees between themselves shall (subject to paragraph 4) be determined by the order in which the mortgages were registered (and not by reference to any other matter).
Where any person who is an intending mortgagee under a proposedmortgage of— notifies the Secretary of State in writing of the interest which it is intended that he should have under the proposed mortgage, the Secretary of State shall cause that interest to be recorded in the register. In a case where— paragraph 3 shall have effect in relation to that mortgage as if it had been registered at the time when the relevant entry was made in the register under sub-paragraph (1) or (2) above. Any notification given by a person under sub-paragraph (1) or (2) (and anything done as a result of it) shall cease to have effect— The person by whom any such notification is given may renew or further renew the notification, on each occasion for a period of 30 days, by notice in writing given to the Secretary of State— as the case may be. Any notification or notice purporting to be given under this paragraph (and anything done as a result of it) shall not have any effect if the Secretary of State determines that it was not validly given.
Subject to sub-paragraph (2), every registered mortgagee shall have power, if the mortgage money or any part of it is due, to sell the vessel or share in respect of which he is registered, and to give effectual receipts for the purchase money. Where two or more mortgagees are registered in respect of the same vessel or share, a subsequent mortgagee shall not, except under an order of a court of competent jurisdiction, sell the vessel or share without the concurrence of every prior mortgagee.
A registered mortgage may be transferred by an instrument made in such form as is prescribed or approved by the Secretary of State. Where any such instrument is produced to the Secretary of State, he shall—
Where the interest of a mortgagee in a registered mortgage is transmitted to any person by any lawful means other than by a transfer under paragraph 6, the Secretary of State shall, on production of such evidence of the transmission as may be prescribed, cause the name of that person to be entered in the register as mortgagee of the vessel or share in question.
Where a registered mortgage has been discharged, the Secretary of State shall, on production of the mortgage deed with such evidence of the discharge of the mortgage as is prescribed, cause an entry to be made in the register to the effect that the mortgage has been discharged.
Regulations may provide— Regulations may also provide— Without prejudice to the generality of sub-paragraphs (1) and (2)— In this paragraph “regulations” means regulations made under section 13.
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For section 1 substitute—
For section 2 substitute—
For section 3 substitute—
For section 4 substitute—
In section 5 (limitation actions), after subsection (6) add—
In section 7 (concurrent liabilities of owners and others), for the words from the beginning to “of that section,” substitute “Where, as a result of any discharge or escape of oil from a ship or as a result of any relevant threat of contamination, the owner of a ship incurs a liability under section 1 of this Act and any other person incurs a liability, otherwise than under that section, for any such damage or cost as is mentioned in subsection (1) or (2) of that section,”.
In section 9 (extinguishment of claims), after “escape” insert “, or (as the case may be) in the relevant threat of contamination,”.
In section 10 (compulsory insurance against liability for pollution)—
in subsection (1), omit “persistent”;
in subsection (3)(c), for the words from “a certificate recognised” onwards substitute “by or under the authority of the government of any Convention country other than the United Kingdom”; and
omit subsection (4).
In section 12 (rights of third parties against insurers)—
in subsection (1), after “occurring” insert “, or as a result of any relevant threat of contamination arising,”;
in subsection (2), after “escape” insert “, or (as the case may be) the threat of contamination,”; and
in subsection (3), for “occurred without the owner’s actual fault or privity” substitute “, or (as the case may be) the threat of contamination, resulted from anything done or omitted to be done by the owner as mentioned in section 4(3) of this Act.”
In section 13 (jurisdiction of United Kingdom courts, etc.), for subsection (2) substitute—
In section 14(2) (Government ships), for the words from “Article V” onwards substitute “Article V of the Convention”.
In section 15 (liability for cost of preventive measures where section 1 does not apply)—
for subsection (1)(a) substitute—; and
after subsection (1) insert—
“the Convention” means the International Convention on Civil Liability for Oil Pollution Damage 1984;
For section 20 substitute—
For section 1 substitute—
In section 2 (contributions by importers of oil and others), in subsection (7), for paragraph (a) substitute—.
Section 4 (liability of the Fund) shall be amended as follows. In subsection (1)— For subsections (8) and (9) substitute— Omit subsections (10) to (13). After section 4 insert—
Omit section 5 (indemnification of shipowners).
In section 6 (jurisdiction and effect of judgments)—
in subsection (4), omit “or 5”; and
in subsection (5)(a), omit “as amended”.
In section 7 (extinguishment of claims)—
in subsection (2), after “escape” insert “, or (as the case may be) in therelevant threat of contamination,”; and
omit subsection (3).
In section 8 (subrogation and rights of recourse)—
omit subsection (2); and
for subsection (3) substitute—
After section 8 insert—
In section 23(2) (construction etc.), omit the words from “, and references” onwards.
For Schedule 1 substitute—
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Omit section 463 (survey of ship alleged to be unseaworthy in proceedings for desertion of seaman).
In section 531 (power of lighthouse authority to remove wreck), for subsection (2) substitute—
At the end of section 546 (salvage of cargo or wreck) add—; and the existing provisions of section 546 shall accordingly constitute subsection (1) of that section.
In section 634(1)(a) (management of lighthouses etc.), omit “and at Gibraltar”.
In section 648 (application and collection of light dues)—
omit subsection (1); and
in subsection (2), after “so appointed” insert “or (as the case may be) such of those dues as he is so appointed to collect”.
In section 652(4) (inspection of local lighthouses), omit the words from“; and those reports” onwards.
For section 658 substitute—
In section 659 (establishments of general lighthouse authorities)—
in subsection (1), for “Her Majesty may by Order in Council fix” substitute “the Secretary of State may determine”;
in subsection (2), for “Her Majesty may by Order in Council fix” substitute “the Secretary of State may determine”; and
in subsection (3), for “fixed” substitute “determined”.
In section 676 (sums payable to Mercantile Marine Fund)—
in subsection (1)—
for the words from the beginning to “that fund—” substitute “The following sums (being sums which, in accordance with this subsection as originally enacted, were required to be paid to the former Mercantile Marine Fund) shall be paid into the Consolidated Fund—”,
omit paragraph (i), and
for paragraph (l) substitute—; and
after subsection (1) insert—
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for the words from the beginning to “the following expenses” substitute “The following expenses and other amounts (being expenses and amounts which, in accordance with this section as originally enacted, were payable out of the former Mercantile Marine Fund) shall be payable out of money provided by Parliament”;
omit paragraph (i);
for paragraph (o) substitute—; and
at the end add—;
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for “Mercantile Marine Fund” substitute “General Lighthouse Fund”; and
omit “or by the Board of Trade” and “or of the Board of Trade”.
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Omit section 23 (power of seamen to complain to master or proper officer about master, other seamen or conditions).
In section 30 (continued or concerted disobedience, neglect of duty etc. by seamen), omit paragraphs (a) and (b).
In section 42 (trade disputes involving seamen), omit subsection (2).
In section 56 (formal investigation into shipping casualty or incident), for subsections (5) and (6) substitute—
Omit sections 65 and 66 (custody and disposal of property of deceased seamen).
After section 75 insert—
Omit section 89 (return of deserters under reciprocal arrangements).
In section 92 (unregistered British ships)—
omit “British”; and
after “employed in them,” insert “or shall so extend in such circumstances as may be so specified, in either case”.
In section 96 (non-sea-going ships)—
in subsection (1)—
after “20,” insert “27, 32 (in its application in relation to section 27),”, and
after “60,” insert “76,”; and
for subsection (2) substitute—
In section 46(1) (offences by officers of bodies corporate), for the words from “such an” to “of this Act” substitute an offence under—.
In section 49 (orders and regulations), as amended by section 11(3) of the Safety at Sea Act 1986—
in subsection (4A), at the beginning insert “Except where subsection (4B) of this section applies,”; and
after that subsection insert—
For section 26 substitute—
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In section 459 (power to detain unsafe ships, and procedure for detention)—
in subsection (1), for the words from “the defective condition” to “improper loading” substitute “any of the matters mentioned in subsection (1A) of this section”;
after that subsection insert—; and
in subsection (5), for “British register being subsequently closed” substitute “subsequently ceasing to be a British ship”.
In section 462 (application to foreign ships of provisions as to detention), for the words from “by reason of” (where first occurring) to “the provisions” substitute “by reason of any of the matters mentioned in section 459(1A) of this Act, the provisions”.
In section 692 (enforcing detention of ship), at the end add—
In section 33 (defence of drug taken for medical purposes), after “27” insert “(2)”.
In section 56 (formal investigation into shipping casualty)—
for subsection (1) substitute—; and
in subsection (4), for “casualty” substitute “accident”.
In section 58(1) (rules as to inquiries etc.), for “55” substitute “56”.
In section 67 (application of sections 62 to 66 to masters), for “66” substitute “64”.
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in subsection (1), for “sections 6 and 30(a) and (b)” substitute “section 6”; and
for subsection (6) substitute—
In section 20(3)(a) (prevention of pollution from ships etc.), for “55” substitute “56”.
In section 28(7)(b) (supplementary provisions about inspectors), for “sections 55(2) and” substitute “section”.
In section 47(2) (power to extend Act to certain countries, etc.) for “to 44” substitute “, 43”.
In paragraph 8 of Part VI of Schedule 6 (miscellaneous penalties on summary conviction)—
for “, 62(6) and 65(3)” substitute “and 62(6)”; and
for the words from “, the return” to “deceased seamen” substitute “and the return of seamen left overseas”.
In section 5 (registration of small ships)—
in subsection (5), omit “book”; and
in subsection (9), for the definition of “fishing vessel” substitute—
In section 9(1) (small ships: amendments of Merchant Shipping Acts), omit “any registered ship measured for length or”.
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(unless an Order in Council under section 56 of this Act, or under any other enactment, so provides) extend to any country outside the United Kingdom; or
affect any Order in Council providing for the extension of any enactments to any such country.
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under Part IV of the 1894 Act, or
under the Sea Fishing Boats (Scotland) Act 1886,
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The power of the Secretary of State to make any regulations under this section with respect to any harbour authority shall be exercisable by him either—
on the application of the harbour authority, or
of his own motion after consulting the authority.
On each occasion when a harbour authority grant a licence in the exercise of any such power as is mentioned in subsection (1) (whether they do so in pursuance of the preceding provisions of this section or not) they shall furnish the Hydrographer of the Navy—
before the operation to which the licence relates has been begun, with written particulars of the operation and with a plan showing where it is to be carried out, and
once the operation has been carried out, with a notification of that fact, and with such plans and additional information relating to the completed operation as he may require for the purpose of determining whether, and if so what, changes should be made to any chart or other publication produced under his superintendence.
It shall be the duty of any harbour authority to whom the Secretary of State gives a direction under or by virtue of this section to give effect to the direction.
In this section “licence” includes a consent or permission and references to the grant of a licence accordingly include references to the giving of a consent or permission.
Part III of the Merchant Shipping Act 1974 (protection of shipping and trading interests) shall be amended as follows.
In section 14 (foreign action affecting shipping), the following subsection shall be substituted for subsection (1)—
The following subsection shall be substituted for section 14(3)—
In section 14(4) (orders under subsection (3)), for “subsection (1)(a)” substitute “subsection (1)(i)”.
In section 14(5) (directions by Secretary of State), for “charges imposed under subsection (3)(d) above” there shall be substituted “any charge, tax or duty imposed under subsection (3)(d) or (e) above”.
The following subsections shall be substituted for section 14(11) and (11A)—
In section 15 (parliamentary control of orders under section 14)—
at the beginning of each of subsections (1) and (2) there shall be inserted “Subject to subsection (2A) below,”;
after subsection (2) there shall be inserted—; and
in subsection (4), after “recites” there shall be inserted “that it is made as mentioned in subsection (2A) above, or”.
In Schedule 4 (provisions supplementing section 14), for paragraph 2 there shall be substituted—
The Secretary of State may by order provide for the provision of shipping services to which this section applies to be prohibited except where such services are provided from one or more permanent places of business maintained in the British Islands.
This section applies to the following shipping services—
the carriage of goods or passengers by sea—
between ports in the United Kingdom, or
between a port in the United Kingdom and an offshore installation in United Kingdom waters, or
between offshore installations in United Kingdom waters;
the carriage of passengers by sea on voyages or excursions beginning and ending at the same port in the United Kingdom, other than voyages or excursions which involve calling at any port or ports outside the British Islands (whether passengers disembark there or not); and
shipping services (other than the carriage of goods or passengers by sea) which are—
provided by means of ships operating out of ports in the United Kingdom (whether so provided within United Kingdom waters or not), or
provided within United Kingdom waters by means of ships operating out of ports outside the United Kingdom.
An order under this section may make provision—
with respect to the circumstances in which shipping services are to be regarded for the purposes of the order as being provided from one or more permanent places of business maintained in the British Islands;
authorising the Secretary of State to issue licences sanctioning the provision of shipping services to which this section applies, notwithstanding that they are not provided as mentioned in paragraph (a) above, in cases where he is satisfied that there is no-one willing and able to provide the services in question as mentioned in that paragraph;
requiring the payment, in connection with applications for such licences, of fees determined with the approval of the Treasury;
exempting any prescribed class or description of shipping services from any prohibition imposed by virtue of subsection (1);
authorising the Secretary of State, or a person appointed by him for the purpose, to serve notices requiring the production or furnishing of documents or information appearing to the Secretary of State or any such person to be necessary to enable him to determine such matters as may be prescribed;
with respect to the manner of service of notices in pursuance of paragraph (e).
An order under this section may—
make different provision for different circumstances;
make such transitional, incidental or supplementary provision as appears to the Secretary of State to be necessary or expedient.
The provisions of an order under this section shall not discriminate between shipping services provided by different persons on the basis of the place of registration of the ships by means of which the services are provided.
Section 728 of the 1894 Act (appointment of inspectors) shall have effect in relation to— as it has effect in relation to any such regulations or licence as is mentioned in paragraph (b) of that section; but section 27 of the Merchant Shipping Act 1979 (powers of inspectors) shall have effect in relation to any inspector appointed by virtue of this subsection with the omission of paragraphs (f) to (h) of subsection (1) of that section.
any order under this section, or
any licence issued by virtue of subsection (3)(b) above,
The power to make an order under this section shall be exercisable by statutory instrument, but no such order shall be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.
In this section—
“shipping services” means—
“the Merchant Shipping Acts” means the Merchant Shipping Acts 1894 to 1986 and this Act;
is chartered by demise, or
sent to him by post at his last-known address (whether of his residence or of a place where he carries on business), or
is managed, either wholly or in part, by a person other than the owner under the terms of a management agreement,
left for him at that address,
“country” includes any territory;
Where— and the provision of those services is prohibited by virtue of subsection (1) of that section and is not sanctioned by any licence issued by virtue of subsection (3)(b) of that section, then (subject to subsections (6) and (7)), the master and the owner of the ship shall each be guilty of an offence.
any ship is used in the course of the provision of any shipping services to which section 39 applies, or
anything is done on board a ship with a view to its being used to provide any such services,
Any person who— knowingly or recklessly furnishes information which is false in a material particular shall be guilty of an offence.
in connection with an application for such a licence as is mentioned in subsection (3)(b) of section 39, or
in purported compliance with the requirements of any notice served on him by virtue of subsection (3)(e) of that section,
Any person who— shall be guilty of an offence.
without reasonable excuse (the proof of which lies on him) fails to comply with the requirements of any such notice, or
intentionally alters, suppresses, conceals or destroys a document which he has been required to produce in pursuance of subsection (3)(e) of that section,
Any person guilty of an offence under this section shall be liable—
on summary conviction, to a fine not exceeding £50,000;
on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both.
It shall be a defence in proceedings brought under subsection (1) against the master of a ship to prove—
that the master did not know and had no reason to suspect that, in the circumstances of the case, the provision of the shipping services referred to in paragraph (a) or (as the case may be) paragraph (b) of that subsection was prohibited by virtue of subsection (1) of section 39, or
that the master had reasonable grounds for believing that the provision of those services was sanctioned by a licence issued by virtue of subsection (3)(b) of that section.
It shall be a defence in proceedings brought under subsection (1) against a person other than the master of a ship to prove that, under the terms of one or more charter-parties or management agreements entered into by the defendant, the right to determine the purpose for which the ship in question was being used at the time of the alleged offence was wholly vested in some other person or persons party thereto (whether or not any such other person or persons had entered into a further charter-party or management agreement providing for that right to be vested in some other person).
Subsections (1), (3) and (4) apply to offences falling within those subsections wherever committed.
Proceedings for an offence under this section may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.
Proceedings for an offence under this section shall not be instituted—
in England and Wales, except by or with the consent of the Attorney General or the Secretary of State; or
in Northern Ireland, except by or with the consent of the Attorney General for Northern Ireland or the Secretary of State.
In this section “management agreement” has the same meaning as in section 30.
The following sections shall be substituted for section 662 of the 1894 Act—
In consequence of subsection (1) above, section 663 of the 1894 Act (power of Public Works Loan Commissioners to advance money on security of mortgage effected under section 662 of that Act as originally enacted) shall cease to have effect.
The persons holding an inquiry under section 52 or 54 of the Merchant Shipping Act 1970 (inquiries into fitness or conduct of officers or other seamen) may—
by summons require any person to attend, at a time and place stated in the summons, to give evidence or to produce any documents in his custody or under his control which relate to any matter in question at the inquiry; and
take evidence on oath (and for that purpose administer oaths) or, instead of administering an oath, require the person examined to make a solemn affirmation.
If on the failure of a person to attend such an inquiry in answer to a summons under this section— they may issue a warrant to arrest him and bring him before the inquiry at a time and place specified in the warrant.
the persons holding the inquiry are satisfied by evidence on oath—
that the person in question is likely to be able to give material evidence or produce any document which relates to any matter in question at the inquiry, and
that he has been duly served with the summons, and
that a reasonable sum has been paid or tendered to him for costs and expenses, and
it appears to them that there is no just excuse for the failure,
If any person attending or brought before such an inquiry refuses without just excuse to be sworn or give evidence, or to produce any document, the persons holding the inquiry may— or both.
commit him to custody until the end of such period not exceeding one month as may be specified in the warrant or until he gives evidence or produces the document (whichever occurs first), or
impose on him a fine not exceeding £1,000,
A fine imposed under subsection (3)(b) shall be treated for the purposes of its collection, enforcement and remission as having been imposed by the magistrates' court for the area in which the inquiry in question was held, and the persons holding the inquiry shall, as soon as practicable after imposing the fine, give particulars of it to the clerk of that court.
This section does not apply to Scotland.
he shall (subject to rules made under section 58(1) of that Act (rules of procedure)) dispose of the inquiry as a summary application; and
(subject to section 57 of that Act (re-hearings and appeals)) his decision on the inquiry shall be final.
Section 7 of the Merchant Shipping Act 1970 (payment of seamen’s wages) shall be amended as provided in subsections (2) to (8) below.
The following subsection shall be substituted for subsection (1)—
In subsection (2), after “payable to him under” there shall be inserted “paragraph (a) of”.
In subsection (3), for “the preceding provisions” there shall be substituted “subsection (1)(a) or (2)”.
The following subsections shall be inserted after subsection (3)—
In subsection (4)—
for “Subsection (3) of this section does” there shall be substituted “The provisions of subsection (3) or (3C) of this section shall”; and
for “that subsection” there shall be substituted “those provisions”.
In subsection (6), for “(1) to (3)” there shall be substituted “(1) to (3A)”.
The following subsection shall be added after that subsection—
In section 8 of the Merchant Shipping Act 1970 (account of seaman’s wages)—
in subsection (1), for “subsection (4)” there shall be substituted “subsections (3A) and (4)”; and
the following subsection shall be inserted after subsection (3)—
This section applies to a ship if for the time being—
the ship is—
registered in the United Kingdom, and
in the service of a government department (“the relevant department”) by reason of a charter by demise to the Crown; and
there is in force under section 80 of the Merchant Shipping Act 1906 (Government ships) an Order in Council providing for the registration of Government ships in the service of the relevant department.
Where this section applies to any ship, the following statutory provisions, namely— shall (subject to subsections (3) and (4)) have the same effect in relation to that ship as they have in relation to a Government ship in the service of the relevant department (whether referred to as such or as such a ship registered in pursuance of that Order in Council).
the provisions of the Order in Council referred to in subsection (1)(b) (excluding those relating to registration under the Order), and
the provisions of the Merchant Shipping Acts (as they apply by virtue of the Merchant Shipping Act 1906 and that Order in Council),
Subject to subsection (4), the registration enactments shall have effect in relation to a ship to which this section applies in like manner as if it were not, for the purposes of the Merchant Shipping Acts, a ship belonging to Her Majesty.
Her Majesty may by Order in Council provide that any statutory provision falling within subsection (2) or (3) and specified in the Order—
shall not have effect in accordance with that subsection in relation to a ship to which this section applies, or
shall so have effect in relation to such a ship, but subject to such modifications as are specified in the Order.
In the application of any provision of the Merchant Shipping Acts (other than a provision of the registration enactments) in relation to a ship to which this section applies, any reference to the owner of the ship shall be construed as a reference to the relevant department.
An Order in Council under this section—
may make such transitional, incidental or supplementary provision as appears to Her Majesty to be necessary or expedient; and
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this section—
The Secretary of State may make regulations specifying any description of unregistered ships and directing that such of the provisions of sections 30, 31 and 33 as may be specified in the regulations— with such modifications (if any) as may be so specified.
shall extend to unregistered ships of that description, or
shall so extend in such circumstances as may be so specified,
Subsection (1) shall not be construed as prejudicing the application to unregistered ships of section 30(1)(a) or section 33(2)(a)(ii).
In this section “unregistered ship” means a ship which is not registered in the United Kingdom or elsewhere.
Where a body corporate is guilty of an offence under this Act or any regulations made under it, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
No obligation as to secrecy or other restriction on the disclosure of information (whether imposed by statute or otherwise) shall preclude any of the persons mentioned in subsection (2) from disclosing— information for the purpose of assisting the Secretary of State in the performance of his functions under Part I or Part II.
to the Secretary of State, or
to an authorised officer of the Secretary of State,
The persons referred to in subsection (1) are—
the Minister of Agriculture, Fisheries and Food,
the Secretaries of State respectively concerned with sea fishing in Scotland, Wales and Northern Ireland,
the Department of Agriculture for Northern Ireland,
the Commissioners of Customs and Excise, and
an authorised officer of any of the persons falling within paragraphs (a) to (d) above.
Information obtained by any person in pursuance of subsection (1) shall not be disclosed by him to any other person except where the disclosure is made—
to a person to whom the information could have been disclosed by any of the persons mentioned in subsection (2) in accordance with subsection (1), or
for the purposes of any legal proceedings arising out of Part I or Part II.
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Any power of the Secretary of State to make regulations under this Act shall be exercisable by statutory instrument subject to annulment by a resolution of either House of Parliament.
Regulations under this Act may—
make different provision for different classes or descriptions of ships and for different circumstances; and
make such transitional, incidental or supplementary provision as appears to the Secretary of State to be necessary or expedient.
Any notice required or authorised to be served by the Secretary of State under Part I or II may be served by post.
Any notice required or authorised to be served by the Secretary of State under Part I or II on the registered owner of any registered ship or registered fishing vessel shall, where there are two or more registered owners, be treated as duly served—
in the case of a ship in relation to which a managing owner is for the time being registered under section 59(1) of the 1894 Act, if served on that managing owner, and
in the case of any other ship or in the case of a fishing vessel, if served on any one of the registered owners.
For the purposes of section 7 of the Interpretation Act 1978 (service of documents by post) a letter containing— shall be deemed to be properly addressed if it is addressed to that person at the address for the time being recorded in relation to him in the appropriate register; and a letter containing any other notice to which subsection (1) above applies shall be deemed to be properly addressed if it is addressed to the last-known address of the person to be served (whether of his residence or of a place where he carries on business).
a notice to be served on any person in pursuance of subsection (2) above, or
a notice required or authorised to be served under Part I on a representative person within the meaning of that Part,
In this section—
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There shall be paid out of money provided by Parliament any expenses incurred by the Secretary of State in consequence of the provisions of this Act.
Any sums received by the Secretary of State by virtue of this Act shall (subject to subsection (3)) be paid into the Consolidated Fund.
Subsection (2) does not apply to—
any sums required by virtue of any other provision of this Act to be paid into the General Lighthouse Fund, or
any sums paid to the Secretary of State out of that fund under section 2A(1) of the Merchant Shipping (Mercantile Marine Fund) Act 1898.
Her Majesty may by Order in Council direct that any of the provisions of this Act or any instrument made under it shall extend, with such modifications (if any) as may be specified in the Order, to any relevant overseas territory.
An Order in Council under this section may make such transitional, incidental or supplementary provision as appears to Her Majesty to be necessary or expedient.
Without prejudice to the generality of subsection (2), an Order in Council under this section may, in its application to any relevant overseas territory, provide for such authority in that territory as is specified in the Order to furnish the Secretary of State with such information with respect to— as is specified in the Order or as the Secretary of State may from time to time require, and for any such information to be so furnished at such time or times and in such manner as is or are so specified or (as the case may be) as the Secretary of State may so require.
the registration of ships under Part I of the 1894 Act in that territory, or
other matters relating to merchant shipping,
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This Act shall be construed as one with the Merchant Shipping Acts 1894 to 1986.
In this Act—
In the application of this Act to Scotland any reference to a defendant shall be construed as a reference to a defender.
The enactments mentioned in Schedule 6 shall have effect subject to the minor and consequential amendments specified in that Schedule.
The enactments mentioned in Schedule 7 are hereby repealed to the extent specified in the third column of that Schedule.
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This Act may be cited as the Merchant Shipping Act 1988; and this Act and the Merchant Shipping Acts 1894 to 1986 may be cited together as the Merchant Shipping Acts 1894 to 1988.
This Act, except Part II, shall come into force on such day as the Secretary of State may appoint by order made by statutory instrument, and different days may be appointed for different provisions or for different purposes.
Part II of this Act shall come into force on the date of the coming into force of the first regulations made under section 13.
The transitional provisions and savings contained in Schedule 8 to this Act shall have effect; and the Secretary of State may by order made by statutory instrument make such transitional, incidental, supplemental, consequential or saving provision as appears to him to be necessary or expedient in connection with the coming into force of any provision of this Act or the operation of any enactment which is repealed or amended by a provision of this Act during any period when the repeal or amendment is not wholly in force.
With the exception of— sections 36 and 37, section 45, and section 57(4) and (5) and Schedules 6 and 7 so far as they amend or repeal any enactment which does not extend to Northern Ireland, this Act extends to Northern Ireland.