Merchant Shipping (Registration, etc.) Act 1993 (repealed 1.1.1996)

(696) (1) Any document authorised or required to be served on any person may be served on that person— (a) by delivering it to him; (b) by leaving it at his proper address; or (c) by sending it by post to him at his proper address. (2) Any such document authorised or required to be served on the master of a ship may be served— (a) where there is a master, by leaving it for him on board the ship with the person appearing to be in command or charge of the ship; (b) where there is no master— (i) on the managing owner of the ship; or (ii) if there is no managing owner, on any agent of the owner; or (iii) where no such agent is known or can be found, by leaving a copy of the document fixed to the mast of the ship. (3) Any document authorised or required to be served on any person may— (a) in the case of a body corporate, be served on the secretary or clerk of that body; (b) in the case of a partnership, be served on a partner or a person having the control or management of the partnership business or, in Scotland, on the firm. (4) Any notice authorised or required by, or by regulations under, the Merchant Shipping (Registration, etc.) Act 1993 to be served on the Secretary of State may be served by post. (5) Any notice authorised by Part I of the Merchant Shipping Act 1984 to be given to an inspector may be given by delivering it to him or by leaving it at, or sending it by post to, his office. (6) Any document authorised or required by or under any enactment to be served on the registered owner of a registered ship shall be treated as duly served on him if served on such person, in such circumstances and by such method, as may be specified in registration regulations. (7) For the purposes of this section and of section 7 of the Interpretation Act 1978 (service of documents by post) in its application to this section, the proper address of any person on whom any document is to be served shall be his last known address, except that— (a) in the case of a body corporate or their secretary or clerk it shall be the address of the registered or principal office of that body; (b) in the case of a partnership or a person having the control or management of the partnership business, it shall be the principal office of the partnership; and for the purposes of this subsection the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom shall be their principal office in the United Kingdom. (8) If the person to be served with any notice has (whether in pursuance of registration regulations or otherwise) specified an address in the United Kingdom other than his proper address within the meaning of subsection (7) above as the one at which he or someone on his behalf will accept notices of the same description as that notice, that address shall also be treated for the purposes of this section and section 7 of the Interpretation Act 1978 as his proper address. (9) For the purposes of the said section 7 a letter containing— (a) a notice to be served on any person in pursuance of subsection (6) above, or (b) a notice authorised or required to be served under registration regulations on a representative person (within the meaning of those regulations), 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 register; and a letter containing any other notice under registration regulations 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).

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69

In section 697 of the 1894 Act (proof etc. of exemption), the existing words shall be subsection (1), and after that subsection add—

(2) This section does not apply to Scotland.

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70

In section 76 of the 1894 Act (proceedings on forfeiture of ship) omit—

• (a) in subsection (1), the words from “and may award” to the end; and

• (b) in subsection (2), the words “either” and “or criminally”.

71

For section 66 of the 1894 Act (forgery of documents: Scotland) substitute—

(66) (1) In Scotland if any person forges or fraudulently alters— (a) any entry or endorsement in the register kept under section 1 of the Merchant Shipping (Registration, etc) Act 1993; or (b) subject to subsection (2) below, any other document as respects which provision is made by, under or by virtue of that Act or this Part of this Act (or any entry or endorsement, in or on such other document and as respects which provision is so made), he shall be liable— (i) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding six months or to both; or (ii) on conviction on indictment, to a fine or to imprisonment or to both. (2) Subsection (1)(b) above does not apply in respect of actings which constitute an offence under section 695(4) or 722(1) of this Act.

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72

For section 695(4) of the 1894 Act (offences as respects documents admissible in evidence) substitute—

(4) Subject to subsection (5) below, in Scotland if any person forges the seal, stamp or signature of any document (or copy document) declared by this Act to be admissible in evidence or tenders in evidence any such document (or copy document) with, and knowing it to have, a false or counterfeit seal, stamp or signature he shall be liable— (a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding six months or to both; or (b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding seven years or to both. (5) Subsection (4) above does not apply in respect of actings which constitute an offence under section 722(1) of this Act.

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73

For section 722(1) of the 1894 Act (offences as to use of forms) substitute—

(1) In Scotland, if any person forges any seal or distinguishing mark on any form issued under this Act or fraudulently alters any such form he shall be liable— (a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding six months or to both; or (b) on conviction on indictment, to a fine or to imprisonment or to both.

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74

In any offence-creating provision of the Merchant Shipping Acts—

• (a) any reference to doing a thing “wilfully” shall be construed as a reference to doing it “intentionally”;

• (b) any reference to “suffering” or “allowing” a thing to be done shall be construed as a reference to “permitting” it to be done; and

• (c) any reference to the absence of a reasonable “cause” shall be construed as a reference to the absence of a reasonable “excuse”.

Procedure in Scotland

75

Omit sections 704 to 709 of the 1894 Act.

76

In section 710 (savings for Scots law), for the words “or punishment of offences at the instance or by the direction of the Lord Advocate” substitute “ of offences at the instance or on the authority or with the concurrence of the Lord Advocate or on the authority of the High Court or to any punishment consequent on such prosecution ”.

77

In paragraph 5 of Schedule 5 to the 1974 Act (provision as to regulations relating to submersible and supporting apparatus)—

• (a) in sub-paragraph (b), after “regulations” insert “ (other than proceedings to which paragraph (bb) below applies) ”; and

• (b) after sub-paragraph (b) insert—

(bb) may provide that in any proceedings in Scotland for an offence under the regulations a statement in any complaint or indictment of any such fact as is mentioned in sub-paragraph (b) above shall, until the contrary is proved, be sufficient evidence of the fact as so stated,

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Supplemental: surveyors

78

In section 724 of the 1894 Act (surveyors of ships) subsections (3) and (5) shall be omitted save, in (3), for the power of the Secretary of State to remove surveyors.

Generalised power to charge fees

79

• (1) The Secretary of State may, with the consent of the Treasury, make regulations prescribing fees to be charged in respect of—

• (a) the issue or recording in pursuance of the Merchant Shipping Acts of any certificate, licence or other document; or

• (b) the doing of any other thing in pursuance of those Acts.

• (2) All fees received by the Secretary of State under those Acts shall be paid into the Consolidated Fund.

SCHEDULE 5

Part I — Repeals consequential on this Act

Part II — Pre-consolidation Repeals

Saving

Notwithstanding the repeal by this Act of the following provisions, instruments in force immediately before the repeal under the provisions specified in the left-hand column shall continue in force until superseded by regulations under section 21 of the 1979 Act (safety regulations) and the related provisions specified in the right-hand column shall continue in force for the purposes of those instruments:

Notwithstanding the repeal by this Act of the following provisions, instruments in force immediately before the repeal under the provisions specified in the left-hand column shall continue in force until superseded by regulations under section 21 of the 1979 Act (safety regulations) and the related provisions specified in the right-hand column shall continue in force for the purposes of those instruments:

Editorial notes

[^c860863]: Act repealed (1.1.1996) by 1995 c. 21, ss. 314(1), 316(2), Sch. 12 (with s. 312(1), Sch. 14 para. 1) as amended (1.6.2004) by Merchant Shipping (Confirmation of Legislation and Repeals) (Jersey) Order 2004 (S.I. 2004/1284), art. 3

[^c860872]: Sch. 1 restricted (21.3.1994) by S.I. 1993/3138, reg.91.

[^c860873]: 1868 c.45

[^c860874]: 1894 c.60

[^c860875]: 1906 c.48

[^c860876]: 1965 c.19 (N.I.)

[^c860877]: 1966 c.17 (N.I.)

[^c860878]: 1967 c.84

[^c860879]: 1968 c.77

[^c860880]: 1976 c.86

[^c860881]: 1978 c.44

[^c860882]: 1979 c.2

[^c860883]: 1983 c.8

[^c860884]: 1984 c.26

[^c860885]: 1988 c.12

[^c860886]: 1906 c.48

[^c860887]: 1906 c.48

[^c860903]: Sch. 5 Pt. II: in force 1.5.1994 save as mentioned in S.I. 1993/3137, Sch. 2, Appendix para. 2.

[^c860888]: 1911 c.57

[^c860889]: 1971 c.60

[^c860891]: 1981 c.29

[^c860892]: Words in Sch. 4 para. 2(3) repealed (1.1.1995) by 1994 c. 28, s. 10(3), Sch. 4; S.I. 1994/2971, art. 2, Sch. 4 (which amending Act was repealed (1.1.1996) by 1995 c. 21, s. 314(1), Sch. 12)

[^c860894]: Words in Sch. 4 para. 6(1)(a)(2)(b) repealed (1.1.1995) by 1994 c. 28, s. 10(3), Sch. 4; S.I. 1994/2971, art. 2, Sch. 4 (which amending Act was repealed (1.1.1996) by 1995 c. 21, s. 314(1), Sch. 12)

[^c860896]: 1970 c.27

[^c860898]: 1861 c.97

[^c860899]: Sch. 4 para. 54: in force 1.5.1994 save as mentioned in S.I. 1993/3137, art. 3(2), Sch. 2, Appendix para. 1(d).

[^c860900]: 1898 c.44

[^c860901]: 1964 c.40

[^c860902]: 1981 c.61