Correlation of the work of the World Health Assembly, the Executive Board and the Regional Committee (Resolution)

In this Part—

In this Part, unless the context otherwise requires—

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—

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—

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—

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—

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.

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—

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—

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—

For the purposes of subsection (1) the prescribed requirements are—

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.

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—

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.

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.

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.

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.

A notice under this subsection is a notice stating—

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.

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.

In Part I of the 1894 Act—

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—

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—

In this Part (unless the context otherwise requires)—

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.

The Secretary of State shall by regulations make provision—

Subject to subsection (3), a fishing vessel shall no longer be capable of being registered under any of the following enactments, namely—

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.

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.

Subject to subsections (3) and (4), a fishing vessel shall only be eligible to be registered as a British fishing vessel if—

For the purposes of subsection (1)(a) a fishing vessel is British-owned if—

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.

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.

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).

In this section—

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.

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.

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—

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—

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).

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.

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—

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.

For the purposes of the registration of a fishing 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).

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).

Those requirements are that the bill of sale—

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.

If an application under subsection (3) is granted by the Secretary of State, the Secretary of State shall—

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—

A notice under this subsection is a notice stating—

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.

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—

A notice under this subsection is a notice stating—

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.

If any fishing vessel to which this subsection applies fishes for profit—

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.

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))—

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.

Those purposes are—

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.

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 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.

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.

Any person guilty of an offence under section 22 or 23 shall be liable—

Proceedings for an offence under section 22 or 23 shall not be instituted—

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”—

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).

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.

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.

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 —

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 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—

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—

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.

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.

The matters referred to in subsection (1) are—

A person guilty of an offence under this section shall be liable—

It shall be a defence in proceedings for an offence under this section to prove that at the time of the alleged offence—

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).

Those matters are—

No proceedings for an offence under this section shall be instituted—

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—

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—

No proceedings for an offence under this section shall be instituted—

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—

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—

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.

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—

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—

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—

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—

Regulations under this section may provide—

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)—

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 section 36 insert—

In section 49 (interpretation)—

Where—

Regulations made by the Secretary of State under this section with respect to any harbour authority may make provision—

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.

Where the Secretary of State serves a notice under subsection (3) in respect of any application—

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)—

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 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—

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)—

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—

An order under this section may make provision—

An order under this section may—

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.

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—

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 person who— knowingly or recklessly furnishes information which is false in a material particular shall be guilty of an offence.

Any person who— shall be guilty of an offence.

Any person guilty of an offence under this section shall be liable—

It shall be a defence in proceedings brought under subsection (1) against the master of a ship to prove—

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 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—

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.

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.

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.

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)—

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)—

This section applies to a ship if for the time being—

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).

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—

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—