Merchant Shipping Act 1995

Claims set out in paragraph 1 shall be subject to limitation of liability even if brought by way of recourse or for indemnity under a contract or otherwise. However, claims set out under paragraph 1(d), (e) and (f) shall not be subject to limitation of liability to the extent that they relate to remuneration under a contract with the person liable.

Article 3

Claims excepted from limitation

Conscious of the dangers posed by the world-wide carriage by sea of hazardous and noxious substances,

Article 4

Conduct barring limitation

Article 5

Counterclaims

Article 6

The general limits

1

The limits of liability for claims, other than those mentioned in Article 7, arising on any distinct occasion, shall be calculated as follows:

• (a) in respect of claims for loss of life or personal injury,

• (i) 3.02 million Units of Account for a ship with a tonnage not exceeding 2,000 tons,

• (ii) for a ship with a tonnage in excess thereof, the following amount in addition to that mentioned in (i):

for each ton from 2,001 to 30,000 tons, 1,208 Units of Account;

for each ton from 30,001 to 70,000 tons, 906 Units of Account; and

for each ton in excess of 70,000 tons, 604 Units of Account,

• (b) in respect of any other claims,

• (i) 1.51 million Units of Account for a ship with a tonnage not exceeding 2,000 tons,

• (ii) for a ship with a tonnage in excess thereof the following amount in addition to that mentioned in (i):

for each ton from 2,001 to 30,000 tons, 604 Units of Account;

for each ton from 30,001 to 70,000 tons, 453 Units of Account; and

for each ton in excess of 70,000 tons, 302 Units of Account.

2

Where the amount calculated in accordance with paragraph 1(a) is insufficient to pay the claims mentioned therein in full, the amount calculated in accordance with paragraph 1(b) shall be available for payment of the unpaid balance of claims under paragraph 1(a) and such unpaid balance shall rank rateably with claims mentioned under paragraph 1(b).

4

The limits of liability for any salvor not operating from any ship or for any salvor operating solely on the ship to, or in respect of which he is rendering salvage services, shall be calculated according to a tonnage of 1,500 tons.

Article 7

The limit for passenger claims

1

In respect of claims arising on any distinct occasion for loss of life or personal injury to passengers of ship, the limit of liability of the shipowner thereof shall be an amount of 175,000 Units of Account multiplied by the number of passengers which the ship is authorised to carry according to the ship’s certificate.

2

For the purpose of this Article “claims for loss of life or personal injury to passengers of a ship” shall mean any such claims brought by or on behalf of any person carried in that ship:

• (a) under a contract of passenger carriage, or

• (b) who, with the consent of the carrier, is accompanying a vehicle or live animals which are covered by a contract for the carriage of goods.

Article 8

Unit of Account

Article 9

Aggregation of claims

1

The limits of liability determined in accordance with Article 6 shall apply to the aggregate of all claims which arise on any distinct occasion:

• (a) against the person or persons mentioned in paragraph 2 of Article 1 and any person for whose act, neglect or default he or they are responsible; or

• (b) against the shipowner of a ship rendering salvage services from that ship and the salvor or salvors operating from such ship and any person for whose act, neglect or default he or they are responsible; or

• (c) against the salvor or salvors who are not operating from a ship or who are operating solely on the ship to, or in respect of which, the salvage services are rendered and any person for whose act, neglect or default he or they are responsible.

2

The limits of liability determined in accordance with Article 7 shall apply to the aggregate of all claims subject thereto which may arise on any distinct occasion against the person or persons mentioned in paragraph 2 of Article 1 in respect of the ship referred to in Article 7 and any person for whose act, neglect or default he or they are responsible.

Article 10

Limitation of liability without constitution of a limitation fund

1

Limitation of liability may be invoked notwithstanding that a limitation fund as mentioned in Article 11 has not been constituted.

2

If limitation of liability is invoked without the constitution of a limitation fund, the provisions of Article 12 shall apply correspondingly.

3

Questions of procedure arising under the rules of this Article shall be decided in accordance with the national law of the State Party in which action is brought.

Article 11

Constitution of the Fund

1

Any person alleged to be liable may constitute a fund with the Court or other competent authority in any State Party in which legal proceedings are instituted in respect of claims subject to limitation. The fund shall be constituted in the sum of such of the amounts set out in Articles 6 and 7 as are applicable to claims for which that person may be liable, together with interest thereon from the date of the occurrence giving rise to the liability until the date of the constitution of the fund. Any fund thus constituted shall be available only for the payment of claims in respect of which limitation of liability can be invoked.

2

A fund may be constituted, either by depositing the sum, or by producing a guarantee acceptable under the legislation of the State Party where the fund is constituted and considered to be adequate by the Court or other competent authority.

3

A fund constituted by one of the persons mentioned in paragraph 1(a), (b) or (c) or paragraph 2 of Article 9 or his insurer shall be deemed constituted by all persons mentioned in paragraph 1(a), (b) or (c) or paragraph 2, respectively.

Article 12

Distribution of the fund

1

Subject to the provisions of paragraphs 1 and 2 of Article 6 and of Article 7, the fund shall be distributed among the claimants in proportion to their established claims against the fund.

2

If, before the fund is distributed, the person liable, or his insurer, has settled a claim against the fund such person shall, up to the amount he has paid, acquire by subrogation the rights which the person so compensated would have enjoyed under this Convention.

3

The right of subrogation provided for in paragraph 2 may also be exercised by persons other than those therein mentioned in respect of any amount of compensation which they may have paid, but only to the extent that such subrogation is permitted under the applicable national law.

4

Where the person liable or any other person establishes that he may be compelled to pay, at a later date, in whole or in part any such amount of compensation with regard to which such person would have enjoyed a right of subrogation pursuant to paragraphs 2 and 3 had the compensation been paid before the fund was distributed, the Court or other competent authority of the State where the fund has been constituted may order that a sufficient sum shall be provisionally set aside to enable such person at such later date to enforce his claim against the fund.

Article 13

Bar to other actions

1

Where a limitation fund has been constituted in accordance with Article 11, any person having made a claim against the fund shall be barred from exercising any right in respect of such a claim against any other assets of a person by or on behalf of whom the fund has been constituted.

2

After a limitation fund has been constituted in accordance with Article 11, any ship or other property, belonging to a person on behalf of whom the fund has been constituted, which has been arrested or attached within the jurisdiction of a State Party for a claim which may be raised against the fund, or any security given, may be released by order of the Court or other competent authority of such State. However, such release shall always be ordered if the limitation fund has been constituted:

• (a) at the port where the occurrence took place, or, if it took place out of port, at the first port of call thereafter; or

• (b) at the port of disembarkation in respect of claims for loss of life or personal injury; or

• (c) at the port of discharge in respect of damage to cargo; or

• (d) in the State where the arrest is made.

3

The rules of paragraphs 1 and 2 shall apply only if the claimant may bring a claim against the limitation fund before the Court administering that fund and the fund is actually available and freely transferable in respect of that claim.

Article 14

Governing law

Article 15

2

A State Party may regulate by specific provisions of national law the system of limitation of liability to be applied to vessels which are:

• (a) according to the law of that State, ships intended for navigation on inland waterways;

• (b) ships of less than 300 tons.

ARTICLE 18 — Reservations

1

Any State may, at the time of signature, ratification, acceptance, approval or accession, or at any time thereafter, reserve the right:

• (a) to exclude the application of article 2, paragraphs 1(d) and (e);

• (b) to exclude claims for damage within the meaning of the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996 or of any amendment or Protocol thereto.

The modifications to which section 31 of the Harbours Act 1964 is subject in its application in relation to local light dues by virtue of section 210 are as follows—

Chapter I — — General Provisions

Definitions

For the purpose of this Convention—

Application of the Convention

Platforms and drilling units

Article 4

State-owned vessels

1

Without prejudice to article 5, this Convention shall not apply to warships or other non-commercial vessels owned or operated by a State and entitled, at the time of salvage operations, to sovereign immunity under generally recognised principles of international law unless that State decides otherwise.

2

Where a State Party decides to apply the Convention to its warships or other vessels described in paragraph 1, it shall notify the Secretary-General thereof specifying the terms and conditions of such application.

Article 5

Salvage operations controlled by public authorities

1

This Convention shall not affect any provisions of national law or any international convention relating to salvage operations by or under the control of public authorities.

2

Nevertheless, salvors carrying out such salvage operations shall be entitled to avail themselves of the rights and remedies provided for in this Convention in respect of salvage operations.

3

The extent to which a public authority under a duty to perform salvage operations may avail itself of the rights and remedies provided for in this Convention shall be determined by the law of the State where such authority is situated.

Article 6

Salvage contracts

1

This Convention shall apply to any salvage operations save to the extent that a contract otherwise provides expressly or by implication.

2

The master shall have the authority to conclude contracts for salvage operations on behalf of the owner of the vessel. The master or the owner of the vessel shall have the authority to conclude such contracts on behalf of the owner of the property on board the vessel.

3

Nothing in this article shall affect the application of article 7 nor duties to prevent or minimise damage to the environment.

Article 7

Annulment and modification of contracts

Chapter II — — Performance of Salvage Operations

Article 8

Duties of the salvor and of the owner and master

1

The salvor shall owe a duty to the owner of the vessel or other property in danger—

• (a) to carry out the salvage operations with due care;

• (b) in performing the duty specified in subparagraph (a), to exercise due care to prevent or minimise damage to the environment;

• (c) whenever circumstances reasonably require, to seek assistance from other salvors; and

• (d) to accept the intervention of other salvors when reasonably requested to do so by the owner or master of the vessel or other property in danger; provided however that the amount of his reward shall not be prejudiced should it be found that such a request was unreasonable.

2

The owner and master of the vessel or the owner of other property in danger shall owe a duty to the salvor—

• (a) to co-operate fully with him during the course of the salvage operations;

• (b) in so doing, to exercise due care to prevent or minimise damage to the environment; and

• (c) when the vessel or other property has been brought to a place of safety, to accept redelivery when reasonably requested by the salvor to do so.

Article 9

Rights of coastal States

Article 10

Duty to render assistance

1

Every master is bound, so far as he can do so without serious danger to his vessel and persons thereon, to render assistance to any person in danger of being lost at sea.

2

The States Parties shall adopt the measures necessary to enforce the duty set out in paragraph 1.

3

The owner of the vessel shall incur no liability for a breach of the duty of the master under paragraph 1.

Article 11

Co-operation

Chapter III — — Rights of Salvors

Article 12

Conditions for reward

1

Salvage operations which have had a useful result give right to a reward.

2

Except as otherwise provided, no payment is due under this Convention if the salvage operations have had no useful result.

3

This chapter shall apply, notwithstanding that the salved vessel and the vessel undertaking the salvage operations belong to the same owner.

Article 13

Criteria for fixing the reward

1

The reward shall be fixed with a view to encouraging salvage operations, taking into account the following criteria without regard to the order in which they are presented below—

• (a) the salved value of the vessel and other property;

• (b) the skill and efforts of the salvors in preventing or minimising damage to the environment;

• (c) the measure of success obtained by the salvor;

• (d) the nature and degree of the danger;

• (e) the skill and efforts of the salvors in salving the vessel, other property and life;

• (f) the time used and expenses and losses incurred by the salvors;

• (g) the risk of liability and other risks run by the salvors or their equipment;

• (h) the promptness of the services rendered;

• (i) the availability and use of vessels or other equipment intended for salvage operations;

• (j) the state of readiness and efficiency of the salvor’s equipment and the value thereof.

2

Payment of a reward fixed according to paragraph 1 shall be made by all of the vessel and other property interests in proportion to their respective salved values. However, a State Party may in its national law provide that the payment of a reward has to be made by one of these interests, subject to a right of recourse of this interest against the other interests for their respective shares. Nothing in this article shall prevent any right of defence.

3

The rewards, exclusive of any interest and recoverable legal costs that may be payable thereon, shall not exceed the salved value of the vessel and other property.

Article 14

Special compensation

1

If the salvor has carried out salvage operations in respect of a vessel which by itself or its cargo threatened damage to the environment and has failed to earn a reward under article 13 at least equivalent to the special compensation assessable in accordance with this article, he shall be entitled to special compensation from the owner of that vessel equivalent to his expenses as herein defined.

2

If, in the circumstances set out in paragraph 1, the salvor by his salvage operations has prevented or minimised damage to the environment, the special compensation payable by the owner to the salvor under paragraph 1 may be increased up to a maximum of 30 per cent. of the expenses incurred by the salvor. However, the tribunal, if it deems it fair and just to do so and bearing in mind the relevant criteria set out in article 13, paragraph 1, may increase such special compensation further, but in no event shall the total increase be more than 100 per cent. of the expenses incurred by the salvor.

3

Salvor’s expenses for the purpose of paragraphs 1 and 2 means the out-of-pocket expenses reasonably incurred by the salvor in the salvage operation and a fair rate for equipment and personnel actually and reasonably used in the salvage operation, taking into consideration the criteria set out in article 13, paragraph 1(h), (i) and (j).

4

The total special compensation under this article shall be paid only if and to the extent that such compensation is greater than any reward recoverable by the salvor under article 13.

5

If the salvor has been negligent and has thereby failed to prevent or minimise damage to the environment, he may be deprived of the whole or part of any special compensation due under this article.

6

Nothing in this article shall affect any right of recourse on the part of the owner of the vessel.

Article 15

Apportionment between salvors

1

The apportionment of a reward under article 13 between salvors shall be made on the basis of the criteria contained in that article.

2

The apportionment between the owner, master and other persons in the service of each salving vessel shall be determined by the law of the flag of that vessel. If the salvage has not been carried out from a vessel, the apportionment shall be determined by the law governing the contract between the salvor and his servants.

Article 16

Salvage of persons

1

No remuneration is due from persons whose lives are saved, but nothing in this article shall affect the provisions of national law on this subject.

2

A salvor of human life, who has taken part in the services rendered on the occasion of the accident giving rise to salvage, is entitled to a fair share of the payment awarded to the salvor for salving the vessel or other property or preventing or minimising damage to the environment.

Article 17

Services rendered under existing contracts

Article 18

The effect of salvor’s misconduct

Article 19

Prohibition of salvage operations

Chapter IV — — Claims and Actions

Article 20

Maritime lien

1

Nothing in this Convention shall affect the salvor’s maritime lien under any international convention or national law.

2

The salvor may not enforce his maritime lien when satisfactory security for his claim, including interest and costs, has been duly tendered or provided.

Article 21

Duty to provide security

1

Upon the request of the salvor a person liable for a payment due under this Convention shall provide satisfactory security for the claim, including interest and costs of the salvor.

2

Without prejudice to paragraph 1, the owner of the salved vessel shall use his best endeavours to ensure that the owners of the cargo provide satisfactory security for the claims against them including interest and costs before the cargo is released.

3

The salved vessel and other property shall not, without the consent of the salvor, be removed from the port or place at which they first arrive after the completion of the salvage operations until satisfactory security has been put up for the salvor’s claim against the relevant vessel or property.

Article 22

Interim payment

1

The tribunal having jurisdiction over the claim of the salvor may, by interim decision, order that the salvor shall be paid on account such amount as seems fair and just, and on such terms including terms as to security where appropriate, as may be fair and just according to the circumstances of the case.

2

In the event of an interim payment under this article the security provided under article 21 shall be reduced accordingly.

Article 23

Limitation of actions

1

Any action relating to payment under this Convention shall be time-barred if judicial or arbitral proceedings have not been instituted within a period of two years. The limitation period commences on the day on which the salvage operations are terminated.

2

The person against whom a claim is made may at any time during the running of the limitation period extend that period by a declaration to the claimant. This period may in the like manner be further extended.

3

An action for indemnity by a person liable may be instituted even after the expiration of the limitation period provided for in the preceding paragraphs, if brought within the time allowed by the law of the State where proceedings are instituted.

Article 24

Interest

Article 25

State-owned cargoes

Article 26

Humanitarian cargoes

Article 27

Publication of arbitral awards

Schedule 11A

Interpretation

1

In this Schedule—

• “general light dues” and “general lighthouse authority” have the same meaning as in Part VIII of this Act;

• “prescribe” means prescribe by regulations.

Charges in respect of maritime matters

2

• (1) Regulations under this Schedule may make provision imposing charges for the purpose of recovering the whole or a part of the costs incurred by the Secretary of State in connection with his maritime functions.

• (2) In sub-paragraph (1) above “maritime functions” means—

• (a) functions conferred by or under any provision of this Act apart from Part II or Part VIII,

• (b) functions under any international agreement relating to—

• (i) the safety of ships,

• (ii) the prevention of pollution from ships, or

• (iii) living and working conditions on board ships, and

• (c) other functions relating to the promotion of the safety of ships.

Charges relating to expenses payable out of General Lighthouse Fund

3

• (1) If—

• (a) any EU obligation, or

• (b) any international agreement made between any three or more countries including the Republic of Ireland and ratified by the United Kingdom,

requires the United Kingdom to provide for any of the costs incurred by general lighthouse authorities in respect of lighthouses, buoys and beacons to be recovered otherwise than by means of the levying of general light dues in accordance with section 205 (as it has effect on the commencement of this Schedule), regulations under this Schedule may make provision imposing charges for the purposes of recovering all or any part of the costs required to be so recovered.

• (2) In this paragraph “buoys and beacons” includes equipment which is intended as an aid to the navigation of ships and, subject to that, expressions used in this paragraph and in Part VIII of this Act have the same meaning as in that Part.

Ships in respect of which charges may be imposed

4

• (1) Regulations under this Schedule may not require a charge to be paid except in respect of—

• (a) a ship which has entered a port in the United Kingdom,

• (b) a ship which is anchored off a port in the United Kingdom, or

• (c) a ship which is anchored within 500 metres of an installation which is in United Kingdom waters or a part of the sea specified by virtue of section 129(2)(b).

• (2) Nothing in any regulations under this Schedule shall be construed as requiring a charge to be paid in respect of a qualifying foreign ship which is exercising—

• (a) the right of innocent passage, or

• (b) the right of transit passage through straits used for international navigation,

except to the extent that international law allows such a charge to be imposed.

• (3) Subject to sub-paragraphs (1) and (2) above, the regulations may impose a charge in respect of such description of ship as may be prescribed.

• (4) In particular—

• (a) regulations may impose a charge in respect of a ship even though no service has been provided or function exercised in the case of that ship; and

• (b) regulations may provide that no charge is imposed in respect of a ship which does not exceed a prescribed tonnage or does not exceed a prescribed length.

• (5) For the purposes of sub-paragraph (1)(a) above, the circumstances in which a ship shall be regarded as entering a port in the United Kingdom include circumstances in which the ship enters any United Kingdom waters which are regulated or managed by a harbour authority.

• (6) In sub-paragraph (1)(c) above “installation” means an installation which—

• (a) is an offshore installation within the meaning of the Mineral Workings (Offshore Installations) Act 1971; or

• (b) is to be taken to be an installation for the purposes of sections 21 to 23 of the Petroleum Act 1987.

Persons by whom charges to be paid

5

• (1) Regulations under this Schedule may not require a charge to be paid in respect of a ship by a person who is not—

• (a) the owner of the ship;

• (b) the person registered as the owner of the ship;

• (c) the operator of the ship;

• (d) the manager of the ship;

• (e) the charterer of the ship; or

• (f) the agent of a person mentioned in any of paragraphs (a) to (e) above.

• (2) Subject to sub-paragraph (1) above, charges imposed by the regulations shall be payable by such persons as may be prescribed.

Amount of charges

6

• (1) Regulations under this Schedule may impose a charge—

• (a) of a fixed amount, or

• (b) of an amount determined in accordance with the regulations,

and may impose different charges in relation to ships of different descriptions or in different circumstances.

• (2) Regulations under this Schedule may, in particular, impose in respect of a ship a charge whose amount depends on—

• (a) whether action has been or is being taken with a view to—

• (i) enforcing international shipping standards in the case of that ship, or

• (ii) preventing, reducing or minimising the effects of pollution from that ship; and

• (b) if any such action has been or is being so taken, the nature of the action.

• (3) Regulations under this Schedule may, in particular, impose in respect of a ship a charge whose amount depends on the tonnage or length of the ship.

Powers to require information

7

• (1) Regulations under this Schedule may include provision requiring any relevant authority or any person who is or may be liable to pay charges under the regulations in respect of a ship, to provide any collecting authority with such information as the collecting authority may reasonably require for the purposes of the regulations.

• (2) In this paragraph—

• “collecting authority” means—the Secretary of State,a Departmental officer, anda general lighthouse authority;

• “relevant authority” means—a harbour authority,the Commissioners of Customs and Excise, anda conservancy authority.

Disclosure of information

8

• (1) No obligation as to secrecy or other restriction on the disclosure of information (whether imposed by statute or otherwise) shall prevent a Minister of the Crown or a Northern Ireland department from disclosing—

• (a) to the Secretary of State, or

• (b) to a person appointed by the Secretary of State to collect charges under regulations made under this Schedule,

information for the purpose of enabling or assisting the Secretary of State to perform his functions under the regulations.

• (2) Information obtained by any person by virtue of sub-paragraph (1) above shall not be disclosed by him to any other person except where the disclosure is made—

• (a) to a person falling within sub-paragraph (1)(a) or (b) above, or

• (b) for the purposes of any legal proceedings arising out of the regulations.

Collection and recovery, etc.

9

• (1) Regulations under this Schedule may make provision—

• (a) with respect to the collection and recovery of charges; and

• (b) for charges which fall due under the regulations but which are not paid to carry interest.

• (2) Regulations made under this Schedule by virtue of sub-paragraph (1) above may in particular confer on general lighthouse authorities functions relating to the collection and recovery of charges.

10

Regulations under this Schedule may make provision for appeals against decisions that charges are due in respect of ships.

Distress

11

Regulations under this Schedule may make provision in respect of England and Wales and Northern Ireland—

• (a) for authorising distress to be levied on any ship in respect of which the owner or master has failed to pay charges due under the regulations, and on any goods, equipment or other thing belonging to, or on board, the ship,

• (b) for the disposal of any ship, goods, equipment or other thing on which distress is levied in accordance with the regulations, and

• (c) for the imposition and recovery of costs, charges, expenses and fees in connection with anything done under regulations made by virtue of paragraph (a) or (b) above.

Further powers in relation to General Lighthouse Fund etc

12

If regulations under this Schedule make any provision by virtue of paragraph 3 above, regulations under this Schedule may also—

• (a) provide for payments which, apart from the regulations, would fall to be made out of the General Lighthouse Fund to be made by the Secretary of State out of money provided by Parliament,

• (b) provide for amounts which, apart from the regulations, would fall to be paid into the General Lighthouse Fund (other than general light dues levied in accordance with section 205) to be paid by the Secretary of State into the Consolidated Fund,

• (c) provide for the payment out of money provided by Parliament into the General Lighthouse Fund of amounts representing the whole or part of any charges imposed by virtue of paragraph 3, and

• (d) make such amendments, repeals or other modifications of any of the provisions of this Act relating to the General Lighthouse Fund or general light dues as appear to the Secretary of State to be necessary or expedient in consequence of, or in connection with, the provision made by virtue of paragraph 3 above or paragraph (a), (b) or (c) above.

13

If regulations under this Schedule make any provision by virtue of paragraph 9(2) above, regulations under this Schedule may also provide for the making by the Secretary of State to each general lighthouse authority out of money provided by Parliament of payments in respect of expenses incurred by that authority in connection with the collection or recovery of charges.

Supplementary

14

Regulations under this Schedule may include such transitional, incidental or supplementary provision as appears to the Secretary of State to be necessary or appropriate.

15

Any sums received in consequence of regulations under this Schedule shall be paid into the Consolidated Fund.

16

• (1) Regulations under this Schedule shall be made by the Secretary of State with the consent of the Treasury.

• (2) Regulations shall not be made under this Schedule unless a draft of them has been laid before, and approved by a resolution of, the House of Commons.

This Convention shall apply whenever judicial or arbitral proceedings relating to matters dealt with in this Convention are brought in a State Party.

Seal Fisheries (North Pacific) Act 1895 (c.21)

Public Health (Scotland) Act 1945 (c.15)

Rivers (Prevention of Pollution) (Scotland) Act 1951 (c.66)

1

• (1) Without prejudice to section 315(1), the repeals made by this Act shall not affect the law in force in any country or territory which is outside the United Kingdom.

• (2) In particular, the repeal of section 735 of the Merchant Shipping Act 1894 shall not affect the power of Her Majesty in Council to confirm any legislation made by the legislature of a British possession under that section as it extends to that possession.

• (3) The provisions of this Act (including the repeal of any power by Order in Council to extend any enactment to a relevant British possession) or of any enactment which has been so extended, do not extend to any such possession except in so far as they are extended to that possession by an Order in Council under section 315(2) of this Act.

2

Any reference in an enactment in any other Act (not amended by Schedule 13), or in any instrument made under any other Act to the registration of a ship (or fishing vessel) under—

• (a) Part I of the Merchant Shipping Act 1894,

• (b) section 5 of the Merchant Shipping Act 1983,

• (c) section 13 of the Merchant Shipping Act 1988, or

• (d) section 1 of the Merchant Shipping (Registration, etc.) Act 1993,

shall be construed, unless the context otherwise requires, as, or as including, a reference to registration under Part II of this Act; and connected phrases shall be construed accordingly.

3

• (1) A seaman engaged in any United Kingdom ship shall not be rated as A.B. unless he is the holder of a certificate of competency granted in pursuance of regulations under this paragraph.

• (2) The Secretary of State may make regulations providing for the grant of certificates of competency as A.B. for the purposes of this paragraph.

• (3) The regulations shall direct that no certificate shall be granted to any person unless—

• (a) he has reached such minimum age as may be prescribed;

• (b) he has performed such qualifying service at sea as may be prescribed; and

• (c) he has passed such examination as may be prescribed.

• (4) The regulations may make such consequential provisions as appear to the Secretary of State to be necessary or expedient, including provision—

• (a) for the payment of prescribed fees in respect of any application for the grant or replacement of a certificate;

• (b) for applying section 104 of the Merchant Shipping Act 1894 (offences) to certificates, subject to such adaptations and modifications as may be prescribed.

• (5) Where provision is made by the law of any Commonwealth country for the grant of certificates of competency as A.B, and the Secretary of State is satisfied that the conditions under which such a certificate is granted require standards of competency not lower than those required for the grant of a certificate under the regulations, Her Majesty may by Order in Council direct that certificates granted in that country shall have the same effect for the purposes of this paragraph as if they had been granted under the regulations; and any such Order may apply to any such certificate any of the provisions of the regulations.

• (6) Any Order in Council under sub-paragraph (5) above shall be laid before Parliament after being made.

• (7) Any superintendent or other officer before whom a seaman is engaged in any United Kingdom ship shall refuse to enter the man as A.B. on the crew agreement unless the seaman produces a certificate or such other proof that he is the holder of such a certificate as may appear to the superintendent or other officer to be satisfactory.

• (8) In this paragraph—

• “certificate” means a certificate of competency under the regulations;

• “prescribed” means prescribed by the regulations; and

• “the regulations” means regulations under this paragraph.

4

• (1) The power to make regulations under section 47 includes power to make regulations providing that pre-1979 certificates shall, except in such cases as are specified in the regulations, be deemed for the purposes of such of the provisions of Part III as are so specified to be issued in pursuance of that section and to confer on the persons to whom they were issued such qualifications for the purposes of that section as are so specified.

• (2) In this paragraph “pre-1979 certificate” means a certificate granted under section 93, 99 or 414 of the Merchant Shipping Act 1894, a certificate referred to in an Order in Council made under section 102 of that Act, a certificate granted under section 27(2) of the Merchant Shipping Act 1906 or by an institution approved in pursuance of that subsection and a certificate granted under section 5 of the Merchant Shipping Act 1948.

5

• (1) No provision to which this paragraph applies shall have effect until the Secretary of State by order appoints a day for that provision to come into force.

• (2) This paragraph applies to sections 60, 80(2) and (4), 111, 115, 116, 118, 119(2) and (3), 127, 314(1) so far as it relates to the repeal in the Aliens Restriction (Amendment) Act 1919 or in the Local Government etc. (Scotland) Act 1994.

6

• (1) A provision to which this paragraph applies shall cease to have effect on such day as the Secretary of State by order appoints.

• (2) This paragraph applies to sections 57, 287(1)(a) and 298, paragraph 26 of Schedule 3 and paragraph 3 of this Schedule.

7

• (1) Notwithstanding the repeal by the Merchant Shipping (Registration, etc.) Act 1993 of the following provisions, instruments in force before the repeal under the provisions specified in the left-hand column shall continue in force until superseded by safety regulations and the related provisions specified in the right-hand column shall continue in force for the purposes of those instruments:

Empowering provision	Related provisions
1894 Act: section 427	— Section 430.
1949 Act: section 3	— Sections 3(5) and (6) and 28.
section 21	— Section 21(3).
1964 Act: section 2	— —
1967 Act (c.64): section 1	— Section 1(2) and (3).
1977 Act: section 2	— —

• (2) The Secretary of State may exempt any ships or classes of ships from any requirements of the rules for life-saving appliances or the radio rules, either absolutely or subject to such conditions as he thinks fit.

In this sub-paragraph—

• “the rules for life-saving appliances” means rules under section 427 of the 1894 Act saved by sub-paragraph (1) above; and

• “the radio rules” means rules under section 3 of the 1949 Act saved by that sub-paragraph.

8

Notwithstanding the repeal of section 38 of the Merchant Shipping Act 1979 any transitional provisions included by virtue of subsection (6) of that section in a commencement order under section 52(2) of that Act shall continue to have effect.

SCHEDULE

Notes

1

This Table shows the derivations of the provisions of the Bill.

2

The following abbreviations are used in the Table:—

3

By the Transfer of Functions (Trade and Industry) Order 1983, S.I. 1983/1127, the functions of the Secretary of State for Trade (who succeeded to the functions of the Board of Trade under previous Orders) relating to shipping were transferred to the Secretary of State for Transport. This effect on the numerous references to the Board of Trade is not noted in the Table.

4

By Schedule 1, paragraph 1 to the Customs and Excise Management Act 1979 (c.2) references to the Commissioners of Customs or to officers of customs in pre—1.4.1909 (when the respective Commissioners and their officers were assimilated) enactments became references to the Commissioners of Customs and Excise and officers of customs and excise respectively. This effect is not noted in the Table.

5

Schedule 4, paragraph 2 of the 1993 Act effected general changes in the terminology used in the Merchant Shipping Acts. These included—

• (a) assimilating “ship” and “vessel” so that generally only “ship” is used;

• (b) enabling use to be made in the many contexts where the provision has one or other of these meanings of the expressions “United Kingdom waters” and “national waters”; and

• (c) substituting its “equipment” for the tackle, equipments, furniture or apparel of a ship.

These changes in terminology are not noted against the numerous provisions affected.

6

The general conversion of then-existing fines in terms of amounts of money into levels on the standard scale effected by section 46 of the Criminal Justice Act 1982 (c.48) is not noted in the Table against the numerous provisions affected by the conversion; nor is the general increase in summary penalties effected in pre-1949 enactments by section 31(6) of the Criminal Law Act 1977 (c.45). But specific alterations are noted.

7

As regards offences, paragraph 74 of Schedule 4 to the 1993 Act made three changes. These were—

• (a) the substitution of “intentionally” for “ wilfully ”;

• (b) the substitution of “permitting” for “ suffering ” or “allowing” a thing to be done; and

• (c) the substitution of “excuse” for “ cause ” in the expression “reasonable cause”.

These are not noted against the provisions affected.

8

Section 1(1)(c) of the Merchant Shipping (Mercantile Marine Fund) Act 1898 (c.44) translated all references to that Fund into references to the General Lighthouse Fund constituted by that section. These are not noted in the Table against the numerous provisions affected.

Editorial notes

[^c14525441]: Act not in force at Royal Assent; Act in force on 1.6.1996 see s. 316(2) (subject as mentioned in ss. 182, 314, Sch. 14 para. 5)

[^c14525451]: Act extends to U.K. except for ss. 18, 193(5), 68, 208 and 210; see ss. 315(1), 68(5), 208(5) and 210(11) respectively

[^c14525461]: S. 10(2)(f) amended (1.7.1999) by S.I. 1999/1750, arts. 1(1), 4, Sch. 3; S.I. 1998/3178, art. 3 S. 10(2)(f) modified (1.7.1999) by S.I. 1999/1756, arts. 1(1), 2, Sch. para. 17;S.I. 1998/3178, art. 3

[^c14525481]: Words in s. 15(6)(a) substituted (27.3.2002) by 2002/794, art. 5(1), Sch. 1 para. 36 (with arts. 5(3), 6)

[^c14525491]: Words in s. 15(6)(a) repealed (27.3.2002) by 2002/794, art. 5(2), Sch. 2 (with art. 6)

[^c14525501]: S. 15(7)(a) and the word “and” at the end of the para. repealed (27.3.2002) by S.I. 2002/794, art. 5(2), Sch. 2 (with art. 6)

[^c14525511]: 1968 c. 77.

[^c14525531]: 1987 c. 18.

[^c14525541]: 1971 c. 32.

[^c14525551]: 1991 c. 48.

[^c14525561]: S.I. 1991/2628 (NI 23).

[^c14525571]: 1950 c. 37.

[^c14525611]: S. 55(1) excluded (1.10.1998) by 1998 c. 31, s. 112(2) (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1), Sch. 1 Pt. I

[^c14525621]: Words in s. 55(1) inserted (7.9.2002) by S.I. 2002/2125, reg. 21, Sch. 2 para. 1(a)

[^c14525631]: S. 55(1A) inserted (7.9.2002) by S.I. 2002/2125, reg. 21, Sch. 2 para. 1(b)

[^c14525641]: Words in s. 55(2)(a) inserted (7.9.2002) by S.I. 2002/2125, reg. 21, Sch. 2 para. 1(c)(i)

[^c14525651]: Words in s. 55(2)(b) inserted (7.9.2002) by S.I. 2002/2125, reg. 21, Sch. 2 para. 1(c)(ii)

[^c14525661]: S. 55(2)(c) inserted (7.9.2002) by S.I. 2002/2125, reg. 21, Sch. 2 para. 1(c)(iii)

[^c14525671]: S. 56(4)(5) inserted (17.7.1997) by 1997 c. 28, s. 17; S.I. 1997/1539, art. 2, Sch.

[^c14525691]: S. 60 not in force at Royal Assent see s. 314, Sch. 14 para. 5

[^c14525701]: Words in s. 68(4) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 174(2) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)

[^c14525711]: S. 68(4A) inserted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 174(3) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)

[^c14525721]: 1981 c. 61.

[^c14525741]: S. 80 partly in force; s. 80(1)(3) in force at 1.1.1996, see ss. 314, 316(2), Sch. 14 para. 5

[^c14525751]: S. 80(1)(a)-(ab) substituted (17.7.1997) for s. 80(1)(a) by 1997 c. 28, s. 18(1); S.I. 1997/1539, art. 2, Sch.

[^c14525761]: 1981 c. 61.

[^c14525791]: Words in s. 80(1) substituted (17.7.1997) by 1997 c. 28, s. 18(2); S.I. 1997/1539, art. 2, Sch.

[^c14525801]: 1985 c. 17.

[^c14525811]: 1951 c. 65.

[^c14525821]: S. 85(1)(b) substituted (19.3.1997) for s. 85(1)(b)(c) and the words following para. (c) by 1997 c. 28, ss. 8(2), 31(4)

[^c14525831]: S. 85(1A)(1B) inserted (19.3.1997) by 1997 c. 28, ss. 8(3), 31(4)

[^c14525851]: Words in s. 85(3) omitted (19.3.1997) by virtue of 1997 c. 28, ss. 8(4)(a), 31(4) and repealed (23.3.1997) by 1997 c. 28, s. 29(2), Sch. 7 Pt. I; S.I. 1997/1082, art. 2, Sch. Appendix

[^c14525861]: Words in s. 85(3) substituted (19.3.1997) by 1997 c. 28, ss. 8(4)(b), 31(4)

[^c14525871]: Words in s. 85(4) substituted (19.3.1997) by 1997 c. 28, s. 8(5)

[^c14525901]: S. 86(5)(6) repealed (23.3.1997) by 1997 c. 28, s. 29(2), Sch. 7 Pt. I; S.I. 1997/1082, art. 2, Sch. Appendix

[^c14525921]: S. 89 repealed (12.10.1998) by S.I. 1998/2241, reg. 3(1)(a)

[^c14525931]: S. 90 repealed (1.12.1998) by S.I. 1998/2647, reg. 1(2)(a)

[^c14525951]: S. 91(1)-(4) repealed (1.7.2002) by S.I. 2002/1473, reg. 3(1), Sch. 1 para. 1(1)

[^c14525991]: Words in s. 91(5) substituted (1.7.2002) by S.I. 2002/1473, reg. 3(2), Sch. 2 para. 1

[^c14526001]: Definition of “tropical storm” in s. 91(7) omitted (1.7.2002) by virtue of S.I. 2002/1473, reg. 3(1), Sch. 1 para. 1(2)

[^c14526021]: Words in s. 91(7) omitted (1.7.2002) by virtue of S.I. 2002/1473, reg. 3(1), Sch. 1 para. 1(2)

[^c14526031]: Words in sidenote to s. 93 substituted (10.8.1998) by S.I. 1998/1691, reg. 2(7)

[^c14526041]: Words in s. 93(1) added (10.8.1998) by S.I. 1998/1691, reg. 2(2)(a)

[^c14526051]: Words in s. 93(1) substituted (10.8.1998) by S.I. 1998/1691, reg. 2(2)(b)

[^c14526061]: S. 93(2) omitted (10.8.1998) by virtue of S.I. 1998/1691, reg. 2(3)

[^c14526071]: Words in s. 93(3) substituted (10.8.1998) by S.I. 1998/1691, reg. 2(4)

[^c14526081]: S. 93(4) omitted (10.8.1998) by virtue of S.I. 1998/1691, reg. 2(5)

[^c14526091]: Words in s. 93(5) omitted (10.8.1998) by virtue of S.I. 1998/1691, reg. 2(6)

[^c14526101]: Words in s. 94(1) inserted (23.3.1997) by 1997 c. 28, s. 9, Sch. 1 para. 1(2); S.I. 1997/1082, art. 2, Sch.

[^c14526111]: S. 94(1A) inserted (23.3.1997) by 1997 c. 28, s. 9, Sch. 1 para. 1(3); S.I. 1997/1082, art. 2, Sch.

[^c14526121]: S. 95(1) substituted (23.3.1997) by 1997 c. 28, s. 9, Sch. 1 para. 2(2); S.I. 1997/1082, art. 2, Sch.

[^c14526131]: S. 95(2A) and words in s. 95(2) inserted (23.3.1997) by 1997 c. 28, s. 9, Sch. 1 para. 2(3); S.I. 1997/1082, art. 2, Sch.

[^c14526151]: Words in s. 95(3)(c) substituted (23.3.1997) by 1997 c. 28, s. 9, Sch. 1 para. 2(4); S.I. 1997/1082, art. 2, Sch.

[^c14526191]: S. 96 applied (with modifications) (1.1.1996) by S.I. 1995/3128, reg. 10(2) S. 96 applied (31.3.1998) by S.I. 1997/2962, reg. 30 S. 96 applied (30.10.1998) by S.I. 1998/2411, reg. 16 S. 96 applied (31.12.1998) by S.I. 1998/2857, reg. 13 S. 96 applied (25.10.1999) by S.I. 1999/2205, reg. 17 S. 96 applied (with modifications) (1.11.2001) by S.I. 2001/3209, reg. 9(8) S. 96 applied (with modifications) (15.2.2002) by S.I. 2001/3444, reg. 13 S. 96 applied (with modifications) (23.11.2002) by S.I. 2002/2201, reg. 12 S. 96 applied (with modifications) (1.9.2002) by S.I. 2002/2055, reg. 16 S. 96 applied (with modifications) (7.9.2002) by S.I. 2002/2125, reg. 18(1)(2)

[^c14526211]: S. 96(10) repealed (31.1.1997) by 1996 c. 23, s. 107(2), Sch. 4; S.I. 1996/3146, art. 3 (with art. 4, Sch. 2)

[^c14526221]: S. 97 applied (31.3.1998) by S.I. 1997/2962, reg. 30 S. 97 applied (30.10.1998) by S.I. 1998/2411, reg. 16 S. 97 applied (31.12.1998) by S.I. 1998/2857, reg. 13 S. 97 applied (25.10.1999) by S.I. 1999/2205, reg. 17 S. 97 applied (with modifications) (1.11.2001) by S.I. 2001/3209, reg. 9(8) S. 97 applied (with modifications) (15.2.2002) by S.I. 2001/3444, reg. 13 S. 97 applied (with modifications) (23.11.2002) by S.I. 2002/2201, reg. 12 S. 97 applied (with modifications) (1.9.2002) by S.I. 2002/2055, reg. 16

[^c14526231]: S. 97(1) applied (with modifications) (1.1.1996) by S.I. 1995/3128, reg. 10(3)

[^c14526241]: Ss. 100A, 100B and crossheading inserted (23.3.1997) by 1997 c. 28, s. 1; S.I. 1997/1082, art.2 , Sch.

[^c14526251]: Ss. 100A, 100B inserted (23.3.1997) by 1997 c. 28, s. 1; S.I. 1997/1082, art. 2, Sch.

[^c14526261]: 1973 c. 33.

[^c14526271]: Ss. 100A, 100B inserted (23.3.1997) by 1997 c. 28, s. 1; S.I. 1997/1082, art. 2, Sch.

[^c14526291]: Ss. 100C-100E and crossheading inserted (23.3.1997) by 1997 c. 28, s. 10; S.I. 1997/1082, art. 2, Sch.

[^c14526301]: Ss. 100C-100E inserted (23.3.1997) by 1997 c. 28, s. 10; S.I. 1997/1082, art. 2, Sch.

[^c14526311]: Ss. 100C-100E inserted (23.3.1997) by 1997 c. 28, s. 10; S.I. 1997/1082, art. 2, Sch.

[^c14526321]: Ss. 100C-100E inserted (23.3.1997) by 1997 c. 28, s. 10; S.I. 1997/1082, art. 2, Sch.

[^c14526361]: Ss. 100F-100G inserted (19.3.1997) by 1997 c. 28, ss. 11, 31(4)

[^c14526371]: 1967 c. 84.

[^c14526381]: Ss. 100F-100G inserted (19.3.1997) by 1997 c. 28, ss. 11, 31(4)

[^c14526401]: S. 111 not in force at Royal Assent see s. 134, Sch. 14 para. 5

[^c14526411]: 1971 c. 32.

[^c14526421]: S.I. 1981/226 (NI 6).

[^c14526431]: S.I. 1981/1675 (NI 26).

[^c14526441]: S. 115 not in force at Royal Assent see s. 134, Sch. 14 para. 5

[^c14526451]: S. 116 wholly in force; s. 116 not in force at Royal Assent see s. 314, Sch. 14 para. 5; s. 116 in force at 1.2.1998 by S.I. 1997/3107, art. 2

[^c14526461]: S. 118 not in force at Royal Assent see s. 314, Sch. 14 para. 5

[^c14526471]: S. 119 partly in force; s. 119(1) in force at 1.1.1996, see ss. 314, 316(2), Sch. 14 para. 5

[^c14526481]: S. 123 extended (1.12.1999) by S.I. 1999/2205, reg. 19

[^c14526491]: Words in s. 125(3) substituted (23.3.1997) by 1997 c. 28, s. 9, Sch. 1 para. 3; S.I. 1997/1082, art. 2, Sch.

[^c14526501]: S. 127 not in force at Royal Assent see s. 314, Sch. 14 para. 5

[^c14526541]: Words in s. 128(3)(h) substituted (17.7.1997) by 1997 c. 28, s. 29(1), Sch. 6 para. 3(2); S.I. 1997/1539, art. 2, Sch.

[^c14526551]: S. 128(3A) inserted (19.3.1997) by 1997 c. 28, ss. 12, 31(4)

[^c14526561]: Words in s. 128(4)(f) repealed (17.7.1997) by 1997 c. 28, s. 29(1)(2), Sch. 6 para. 3(3), Sch. 7 Pt. I; S.I. 1997/1539, art. 2, Sch.

[^c14526571]: 1964 c. 29.

[^c14526581]: Pt. VI Ch. IA (ss. 130A-130E) inserted (19.3.1997) by 1997 c. 28, ss. 5, 31(4)

[^c14526591]: Pt. VI Ch. IA (ss. 130A-130E) inserted (19.3.1997) by 1997 c. 28, ss. 5, 31(4)

[^c14526601]: Pt. VI Ch. IA (ss. 130A-130E) inserted (19.3.1997) by 1997 c. 28, ss. 5, 31(4)

[^c14526611]: Pt. VI Ch. IA (ss. 130A-130E) inserted (19.3.1997) by 1997 c. 28, ss. 5, 31(4)

[^c14526621]: 1964 c. 40.

[^c14526631]: Pt. VI Ch. IA (ss. 130A-130E) inserted (19.3.1997) by 1997 c. 28, ss. 5, 31(4)

[^c14526641]: Pt. VI Ch. IA (ss. 130A-130E) inserted (19.3.1997) by 1997 c. 28, ss. 5, 31(4)

[^c14526651]: 1964 c. 40.

[^c14526661]: 1970 c. 1 (N.I.).

[^c14526681]: S. 131(3) applied (28.2.1996) by S.I. 1996/282, art. 3 S. 131(3) applied (1.7.1998) by S.I. 1998/1377, reg. 14(2)

[^c14526691]: Sum in s. 131(3)(a) substituted (17.7.1997) by 1997 c. 28, s. 7(1)(2) (with s. 7(5)); S.I. 1997/1539, art. 2, Sch.

[^c14526701]: 1865 c. 125.

[^c14526741]: 1990 c. 43.

[^c14526751]: Words in s. 136A added (N.I.) (18.1.2003) by S.I. 2002/3153, art. 53(1), Sch. 5 para. 4

[^c14526861]: S. 138A inserted (17.7.1997) by 1997 c. 28, s. 3(1) (with s. 3(2)); S.I. 1997/1539, art. 2, Sch.

[^c14526911]: 1865 c. 125.

[^c14526921]: S. 143(6) applied (with modifications) (1.7.1998) by S.I. 1998/1377, reg. 15(1)

[^c14526961]: Sums in s. 144(4)(c)(i)(ii) substituted (17.7.1997) by 1997 c. 28, s. 7(3)(4) (with s. 7(5)); S.I. 1997/1539, art. 2, Sch.

[^c14526981]: 1865 c. 125.

[^c14526991]: 1980 c. 43.

[^c14527001]: 1933 c. 36.

[^c14527011]: S.I. 1981/1675 (NI 26).

[^c14527021]: 1969 c. 15 (N.I.).

[^c14527031]: 1975 c. 21.

[^c14527041]: S. 146 applied (with modifications) (1.7.1998) by S.I. 1998/1377, reg. 15(2)

[^c14527051]: 1978 c. 30.

[^c14527061]: S. 152 extended (with modifications) to Anguilla (30.11.1997) by S.I. 1997/2580, art. 2, Sch. S. 152 extended (with modifications) to Bermuda (30.11.1997) by S.I. 1997/2581, art. 2, Sch. S. 152 extended (with modifications) to the British Antarctic Territory (30.11.1997) by S.I. 1997/2582, art. 2, Sch. S. 152 extended (with modifications) to the British Indian Ocean Territory (30.11.1997) by S.I. 1997/2583, art. 2, Sch. S. 152 extended (with modifications) to the Falkland Islands (30.11.1997) by S.I. 1997/2584, art. 2, Sch. S. 152 extended (with modifications) to the Pitcairn, Henderson, Ducies and Oeno Islands (30.11.1997) by S.I. 1997/2585, arts. 2, 3, Sch. S. 152 extended (with modifications) to the Sovereign Base Areas of Akrotiri and Dhekelia (30.11.1997) by S.I. 1997/2587, art. 2, Sch. S. 152 extended (with modifications) to the South Georgia and the South Sandwich Islands (30.11.1997) by S.I. 1997/2588, art. 2, Sch. S. 152 extended (with modifications) to the Turks and Caicos Islands (30.11.1997) by S.I. 1997/2589, art. 2, Sch. S. 152 extended (with modifications) to the Virgin Islands (30.11.1997) by S.I. 1997/2590, art. 2, Sch. S. 152 extended (with modifications) to Jersey (1.12.1997) by S.I. 1997/2598, arts. 2, 3, Sch. 1 S. 152 extended (with modifications) to Guernsey (11.3.1998) by S.I. 1998/260, arts. 2, 3, Sch. 1 S. 152 extended (with modifications) to the Cayman Islands (20.5.1998) by S.I. 1998/1261, art. 2, Sch. S. 152 extended (with modifications) to Montserrat (20.5.1998) by S.I. 1998/1262, art. 2, Sch. S. 152 extended (with modifications) to Saint Helena (20.5.1998) by S.I. 1998/1263, art. 2, Sch.