Legalize / United Kingdom / Public General Act

Merchant Shipping Act 1995

Type Public General Act

Publication 1995-07-19

Last updated 2026-03-31

State In force

Department Statute Law Database

Source legislation.gov.uk

articles 187

Reform history JSON API

(8) The wreck commissioner or sheriff may make such awards as he thinks just with regard to the costs (or, as the case may be, expenses) of the investigation and of any parties at the investigation, and with regard to the parties by whom those costs or expenses are to be paid; and any such award of the wreck commissioner may, on the application of any party named in it, be made an order of the High Court.

(9) Any costs or expenses directed by an award to be paid shall be taxable—

(a) in the High Court, or

(b) where the investigation was held in Scotland, by the auditor of the sheriff court in which it was held and in accordance with the table of fees regulating the taxation of solicitors’ accounts.

(10) The wreck commissioner or sheriff shall make a report on the investigation to the Secretary of State.

(11) In its application to Northern Ireland this section shall have effect as if in subsection (3) above for the references to subsections (1), (3) and (4) of section 97 of the Magistrates’ Courts Act 1980 there were substituted references to paragraphs (1) and (3) of Article 118 and paragraph (1) of Article 120 of the Magistrates’ Courts (Northern Ireland) Order 1981.

Re-hearing of and appeal from investigations

269

(1) Where a formal investigation has been held under section 268 the Secretary of State may order the whole or part of the case to be re-heard, and shall do so—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) if there appear to the Secretary of State to be ... grounds for suspecting that a miscarriage of justice may have occurred.

(2) An order under subsection (1) above may provide for the re-hearing to be as follows—

(a) if the investigation was held in England, Wales or Northern Ireland, by a wreck commissioner or by the High Court;

(b) if it was held in Scotland, by the sheriff or by the Court of Session.

(3) Any re-hearing under this section which is not held by the High Court or the Court of Session shall be conducted in accordance with rules made under section 270(1); and section 268 shall apply in relation to a re-hearing of an investigation by a wreck commissioner or sheriff as it applies in relation to the holding of an investigation.

(4) Where the wreck commissioner or sheriff holding the investigation has decided to cancel or suspend the certificate of any person or has found any person at fault, then, if no application for an order under subsection (1) above has been made or such an application has been refused, that person or any other person who, having an interest in the investigation, has appeared at the hearing and is affected by the decision or finding, may appeal—

(a) to the High Court if the investigation was held in England, Wales or Northern Ireland;

(b) to the Court of Session if it was held in Scotland.

(5) Section 268(7) applies for the purposes of this section as it applies for the purposes of that section.

Rules as to investigations and appeals

270

(1) The Secretary of State may make rules for the conduct of formal investigations under section 268 and for the conduct of any re-hearing under section 269 which is not held by the High Court or the Court of Session.

(2) Without prejudice to the generality of subsection (1) above, rules under this section may provide for the appointment and summoning of assessors, the manner in which any facts may be proved, the persons allowed to appear, and the notices to be given to persons affected.

(3) Rules of court made for the purpose of re-hearings under section 269 which are held by the High Court, or of appeals to the High Court, may require the court, subject to such exceptions, if any, as may be allowed by the rules, to hold such a re-hearing or hear such an appeal with the assistance of one or more assessors.

Inquiries into and reports on deaths and injuries

Inquiries into deaths of crew members and others

271

(1) Subject to subsection (6) below, where—

(a) any person dies in a United Kingdom ship or in a boat or life-raft from such a ship, or

(b) the master of or a seaman employed in such a ship dies in a country outside the United Kingdom,

an inquiry into the cause of the death shall be held by a superintendent or proper officer at the next port where the ship calls after the death and where there is a superintendent or proper officer, or at such other place as the Secretary of State may direct.

(2) Subject to subsection (6) below, where it appears to the Secretary of State that—

(a) in consequence of an injury sustained or a disease contracted by a person when he was the master of or a seaman employed in a United Kingdom ship, he ceased to be employed in the ship and subsequently died, and

(b) the death occurred in a country outside the United Kingdom during the period of one year beginning with the day on which he so ceased,

the Secretary of State may arrange for an inquiry into the cause of the death to be held by a superintendent or proper officer.

(3) Subject to subsection (6) below, where it appears to the Secretary of State that a person may—

(a) have died in a United Kingdom ship or in a boat or life-raft from such a ship, or

(b) have been lost from such a ship, boat or life-raft and have died in consequence of being so lost,

the Secretary of State may arrange for an inquiry to be held by a superintendent or proper officer into whether the person died as mentioned above and, if the superintendent or officer finds that he did, into the cause of the death.

(4) The superintendent or proper officer holding the inquiry shall for the purpose of the inquiry have the powers conferred on an inspector by section 259.

(5) The person holding the inquiry shall make a report of his findings to the Secretary of State who shall make the report available—

(a) if the person to whom the report relates was employed in the ship and a person was named as his next of kin in the crew agreement or list of the crew in which the name of the person to whom the report relates last appeared, to the person so named;

(b) in any case, to any person requesting it who appears to the Secretary of State to be interested.

(6) No inquiry shall be held under this section where—

(a) in England and Wales, an investigation is to be conducted under Part 1 of the Coroners and Justice Act 2009;

(b) in Northern Ireland, an inquest is to be held under the Coroners Act (Northern Ireland) 1959;

(c) in Scotland, an inquiry is to be held under the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016.

Reports of and inquiries into injuries

272

(1) Where the master or a member of the crew of a United Kingdom fishing vessel is injured during a voyage, an inquiry into the cause and nature of the injury may be held by a superintendent or proper officer.

(2) The superintendent or proper officer holding an inquiry under this section shall, for the purposes of the inquiry, have the powers conferred on a Departmental inspector by section 259 and shall make a report of his findings to the Secretary of State.

Transmission of particulars of certain deaths on ships

273

(1) Where—

(a) an inquest is held into a death or subsection (2) below applies; and

(b) it appears to the coroner that the death in question is such as is mentioned in section 108(2) or in that subsection as extended (with or without amendments) by virtue of section 307,

it shall be the duty of the coroner to send to the Registrar General of Shipping and Seamen particulars in respect of the deceased of a kind prescribed by regulations made by the Secretary of State.

(2) This subsection applies where—

(a) in England and Wales, an investigation under Part 1 of the Coroners and Justice Act 2009 into a person's death is discontinued under section 4 of that Act (cause of death becoming clear before inquest); or

(b) in Northern Ireland, a preliminary investigation is made of a dead body as a result of which the coroner is satisfied that an inquest is unnecessary.

Part XII — Legal Proceedings

Prosecution of offences

Time limit for summary offences

274

(1) Subject to subsections (2) and (3) below, no person shall be convicted of an offence under this Act in summary proceedings unless—

(a) the proceedings were commenced within six months beginning with the date on which the offence was committed; or

(b) in a case where the accused happens during that period to be out of the United Kingdom, the proceedings were commenced within two months after he first happens to arrive within the United Kingdom and before the expiration of three years beginning with the date on which the offence was committed.

(2) Nothing in subsection (1) above shall apply in relation to any indictable offence.

(3) Subsection (1) above shall not prevent a conviction for an offence in summary proceedings begun before the expiration of three years beginning with the date on which the offence was committed and before—

(a) the expiration of the period of six months beginning with the day when evidence which the Secretary of State considers is sufficient to justify a prosecution for the offence came to his knowledge; or

(b) the expiration of two months beginning with the day when the accused was first present in the United Kingdom after the expiration of the period mentioned in paragraph (a) above if throughout that period the accused was absent from the United Kingdom.

(4) For the purpose of subsection (3) above—

(a) a certificate of the Secretary of State stating that evidence came to his knowledge on a particular day shall be conclusive evidence of that fact; and

(b) a document purporting to be a certificate of the Secretary of State and to be signed on his behalf shall be presumed to be such a certificate unless the contrary is proved.

(5) In the application of this section to Scotland—

(a) in subsection (3)(a) above, for the words from “Secretary” to “knowledge” there shall be substituted the words “ Lord Advocate considers is sufficient to justify a prosecution for the offence came to his knowledge, or, where such evidence is reported to him by the Secretary of State, the expiration of the period of six months beginning with the day when it came to the knowledge of the Secretary of State ”;

(b) in subsection (4)(a) and (b) above, for the words “Secretary of State” there shall be substituted the words “ Lord Advocate or the Secretary of State, as the case may be, ”.

Time limit for summary orders

275

No order for the payment of money shall be made under this Act in proceedings before a magistrates’ court unless—

(a) the proceedings were commenced within six months beginning with the date on which the matter of complaint arose; or

(b) in a case where both or either of the parties to the proceedings happen during that period to be out of the United Kingdom, the proceedings were commenced within six months after they both first happen to arrive, or to be at one time, within the United Kingdom.

Summary offences: Scotland

276

In Scotland all prosecutions in respect of offences under this Act in respect of which the maximum penalty which may be imposed does not exceed imprisonment for a period of three months or a fine of level 4 on the standard scale or both may be tried in a summary manner before the district court.

Offences by officers of bodies corporate

277

(1) Where a body corporate is guilty of an offence under this Act or any instrument made under it, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in such a capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(2) Where the affairs of a body corporate are managed by its members, subsection (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

Offences by partners, etc. in Scotland

278

Where, in Scotland, a partnership or unincorporated association (other than a partnership) is guilty of an offence under this Act or any instrument made under it, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner in the partnership or, as the case may be, a person concerned in the management or control of the association, he as well as the partnership or association shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Jurisdiction

Jurisdiction in relation to offences

279

(1) For the purpose of conferring jurisdiction, any offence under this Act shall be deemed to have been committed in any place in the United Kingdom where the offender may for the time being be.

(2) For the same purpose, any matter of complaint under this Act shall be deemed to have arisen in any place in the United Kingdom where the person complained against may for the time being be.

(3) The jurisdiction under subsections (1) and (2) above shall be in addition to and not in derogation of any jurisdiction or power of a court under any other enactment.

Jurisdiction over ships lying off coasts

280

(1) Where the area within which a court in any part of the United Kingdom has jurisdiction is situated on the coast of any sea or abuts on or projects into any bay, channel, lake, river or other navigable water the court shall have jurisdiction as respects offences under this Act over any vessel being on, or lying or passing off, that coast or being in or near that bay, channel, lake, river or navigable water and over all persons on board that vessel or for the time being belonging to it.

(2) The jurisdiction under subsection (1) above shall be in addition to and not in derogation of any jurisdiction or power of a court under the Magistrates’ Courts Act 1980 or the Magistrates’ Courts (Northern Ireland) Order 1981.

Jurisdiction in case of offences on board ship

281

Where any person is charged with having committed any offence under this Act then—

(a) if he is a British citizen and is charged with having committed it—

(i) on board any United Kingdom ship on the high seas,

(ii) in any foreign port or harbour, or

(iii) on board any foreign ship to which he does not belong; or

(b) if he is not a British citizen and is charged with having committed it on board any United Kingdom ship on the high seas;

and he is found within the jurisdiction of any court in any part of the United Kingdom which would have had jurisdiction in relation to the offence if it had been committed on board a United Kingdom ship within the limits of its ordinary jurisdiction to try the offence that court shall have jurisdiction to try the offence as if it had been so committed.

Offences committed by British seamen

282

(1) Any act in relation to property or person done in or at any place (ashore or afloat) outside the United Kingdom by any master or seaman who at the time is employed in a United Kingdom ship, which, if done in any part of the United Kingdom, would be an offence under the law of any part of the United Kingdom, shall—

(a) be an offence under that law, and

(b) be treated for the purposes of jurisdiction and trial, as if it had been done within the jurisdiction of the Admiralty of England.

(2) Subsection (1) above also applies in relation to a person who had been so employed within the period of three months expiring with the time when the act was done.

(3) Subsections (1) and (2) above apply to omissions as they apply to acts.

Return of offenders

283

(1) The powers conferred on a British consular officer by subsection (2) below are exercisable in the event of any complaint being made to him—

(a) that any offence against property or persons has been committed at any place (ashore or afloat) outside the United Kingdom by any master or seaman who at the time when the offence was committed, or within three months before that time, was employed in a United Kingdom ship; or

(b) that any offence on the high seas has been committed by any master or seaman belonging to any United Kingdom ship.

(2) Those powers are—

(a) to inquire into the case upon oath, and

(b) if the case so requires, to take any steps in his power for the purpose of placing the offender under the necessary restraint and sending him by United Kingdom ship as soon as practicable in safe custody to the United Kingdom for proceedings to be taken against him.

(3) The consular officer may, subject to subsections (4) and (5) below, order the master of any United Kingdom ship bound for the United Kingdom to receive and carry the offender and the witnesses to the United Kingdom; and the officer shall endorse upon the agreement of the ship such particulars with respect to them as the Secretary of State requires.

(4) A consular officer shall not exercise the power conferred by subsection (3) above unless no more convenient means of transport is available or it is available only at disproportionate expense.

(5) No master of a ship may be required under subsection (3) above to receive more than one offender for every 100 tons of his ship’s registered tonnage, or more than one witness for every 50 tons of his ship’s registered tonnage.

(6) The master of any ship to whose charge an offender has been committed under subsection (3) above shall, on his ship’s arrival in the United Kingdom, give the offender into the custody of some police officer or constable.

(7) If any master of a ship, when required under subsection (3) above to receive and carry any offender or witness in his ship—

(a) fails to do so; or

(b) in the case of an offender, fails to deliver him as required by subsection (6) above;

he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(8) The expense of imprisoning any such offender and of carrying him and witnesses to the United Kingdom otherwise than in the ship to which they respectively belong shall be paid out of money provided by Parliament.

(9) References in this section to carrying a person in a ship include affording him subsistence during the voyage.

Detention of ship and distress on ship

Enforcing detention of ship

284

(1) Where under this Act a ship is to be or may be detained any of the following officers may detain the ship—

(a) any commissioned naval or military officer,

(b) any officer of a Minister of the Crown or Northern Ireland department who is authorised by the Secretary of State, either generally or in a particular case, to exercise powers under this section,

(d) any British consular officer.

(1A) A notice of detention may—

(a) include a direction that the ship—

(i) must remain in a particular place, or

(ii) must be moved to a particular anchorage or berth, and

(b) if it includes such a direction, may specify circumstances relating to safety or the prevention of pollution in which the master may move his ship from that place, anchorage or berth.

(2) If a ship as respects which notice of detention has been served on the master proceeds to sea, otherwise than in accordance with such a notice, before it is released by a competent authority, the master of the ship shall be guilty of an offence.

(2A) If a ship as respects which notice of detention has been served on the master fails to comply with a direction given under subsection (1A)(a) above, the master of the ship shall be guilty of an offence.

(2B) A person guilty of an offence under subsection (2) or (2A) above shall be liable—

(a) on summary conviction, to a fine not exceeding £50,000;

(b) on conviction on indictment, to a fine

on summary conviction, or on conviction on indictment, to a fine.

(3) The owner of a ship, and any person who sends to sea a ship, as respects which an offence is committed under subsection (2) or (2A) above shall, if party or privy to the offence, also be guilty of an offence under that subsection and liable accordingly.

(4) Where a ship proceeding to sea in contravention of subsection (2) above or failing to comply with a direction given under subsection (1A)(a) above carries away without his consent any of the following who is on board the ship in the execution of his duty, namely—

(a) any officer authorised by subsection (1) above to detain the ship, or

(b) any surveyor of ships,

the owner and master of the ship shall each—

(i) be liable to pay all expenses of and incidental to the officer or surveyor being so carried away; and

(ii) be guilty of an offence.

(5) A person guilty of an offence under subsection (4) above shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to a fine.

(6) Where under this Act a ship is to be detained an officer of customs and excise shall, and where under this Act a ship may be detained an officer of customs and excise may, refuse to clear the ship outwards or grant a transire to the ship.

(7) When any provision of this Act provides that a ship may be detained until any document is produced to the proper officer of customs and excise the officer able to grant a clearance or transire of the ship is (unless the context otherwise requires) that officer.

(8) Any reference in this section to proceeding to sea includes a reference to going on a voyage or excursion that does not involve going to sea, and references to sending or taking to sea shall be construed accordingly.

Sums ordered to be paid leviable by distress on the ship

285

(1) Where any court has power to make an order directing payment to be made of any seaman’s wages, fines or other sums of money, then, if the person directed to pay is the master or owner of the ship and the money directed to be paid is not paid in accordance with the order, the court who made the order may—

(a) except in Scotland, direct the amount remaining unpaid to be levied by distress,

(b) in Scotland, grant warrant authorising the arrestment and sale,

of the ship and its equipment.

(2) The remedy made available by this section is in addition to any other powers for compelling the payment of money ordered to be paid.

Special evidential provisions

Depositions of persons abroad admissible

286

(1) If the evidence of any person is required in the course of any legal proceeding before a judge or magistrate in relation to the subject matter of the proceeding and it is proved that that person cannot be found in the United Kingdom, any deposition that he may have previously made at a place outside the United Kingdom in relation to the same subject matter shall, subject to subsection (2) below, be admissible in evidence in those proceedings.

(2) For a deposition to be admissible under subsection (1) above in any proceedings, the deposition—

(a) must have been taken on oath;

(b) must have been taken before a justice or magistrate in any colony or a British consular officer in any other place;

(d) must, if the proceedings are criminal proceedings, have been taken in the presence of the accused;

and, in a case falling within paragraph (d) above, the deposition shall be certified by the justice, magistrate or officer taking it to have been taken in the presence of the accused.

(3) No proof need be given of the signature or official character of the person appearing to have signed any such deposition and, in any criminal proceedings, a certificate stating that the deposition was taken in the presence of the accused shall, unless the contrary is proved, be evidence (and in Scotland sufficient evidence) of that fact.

(4) This section also applies to proceedings before any person authorised by law or consent of the parties to receive evidence.

(5) Nothing in this section affects the admissibility in evidence of depositions under any other enactment or the practice of any court.

Admissibility in evidence and inspection of certain documents

287

(1) The following documents shall be admissible in evidence and, when in the custody of the Registrar General of Shipping and Seamen, shall be open to public inspection—

(a) documents purporting to be submissions to or decisions by superintendents or proper officers under section 33;

(b) the official log book of any ship kept under section 77 and, without prejudice to section 288(2), any document purporting to be a copy of an entry therein and to be certified as a true copy by the master of the ship;

(c) crew agreements, lists of crews made under section 78 and notices given under Part III of additions to or changes in crew agreements and lists of crews;

(d) returns or reports under section 108;

(e) documents transmitted to the Registrar General of Shipping and Seamen under section 298.

(2) A certificate issued under section 47 shall be admissible in evidence.

Admissibility of documents in evidence

288

(1) Where a document is by this Act declared to be admissible in evidence the document shall, on its production from proper custody—

(a) be admissible in evidence in any court or before any person having by law or consent of parties authority to receive evidence; and

(b) subject to all just exceptions, be evidence (or in Scotland sufficient evidence) of the matters stated in the document.

(2) A copy of, or extract from, any document so made admissible in evidence shall, subject to subsection (3) below, also be admissible in evidence and evidence (and in Scotland sufficient evidence) of the matters stated in the document.

(3) A copy of, or extract from, a document shall not be admissible by virtue of subsection (2) above unless—

(a) it is proved to be an examined copy or extract; or

(b) it purports to be signed and certified as a true copy or extract by the officer to whose custody the original document was entrusted;

and that officer shall furnish the certified copy or extract to any person who applies for it at a reasonable time and pays such reasonable price as the Secretary of State determines.

(4) A person shall, on payment of such reasonable price as the Secretary of State determines, be entitled to have a certified copy of any declaration or document a copy of which is made evidence by this Act.

(5) If any officer having duties of certification under subsection (3) above in relation to any document intentionally certifies any document as being a true copy or extract knowing that the copy or extract is not a true copy or extract he shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both.

(6) Subject to subsection (7) 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.

(7) Subsection (6) above does not apply in respect of actings which constitute an offence under section 300(8).

(8) Without prejudice to section 6(1) of the Civil Evidence (Scotland) Act 1988 (production of copy documents) subsections (2) and (3) above shall not apply, for the purposes of civil proceedings in Scotland, as respects the admissibility of a copy document; but subsection (5) above shall apply to a person purporting to authenticate any such document and to authentication as it applies to an officer purporting to certify any such document and to certification.

Inspection and admissibility in evidence of copies of certain documents

289

(1) Where under any enactment a document is open to public inspection when in the custody of the Registrar General of Shipping and Seamen—

(a) there may be supplied for public inspection a copy or other reproduction of the document instead of the original; but

(b) the original shall nevertheless be made available for public inspection if the copy or other reproduction is illegible.

(2) Where the Registrar General of Shipping and Seamen destroys any document which has been sent to him under or by virtue of any enactment, and keeps a copy or other reproduction of that document, then—

(a) any enactment providing for that document to be admissible in evidence or open to public inspection, and

(b) in the case of a document falling within subsection (1) above, that subsection,

shall apply to the copy or other reproduction as if it were the original.

(3) For the purposes of this section, and of section 288(2) in its application to documents in the custody of the Registrar General of Shipping and Seamen, a copy is to be taken to be the copy of a document notwithstanding that it is taken from a copy or other reproduction of the original.

Proof, etc of exemptions

290

(1) Where any exception, exemption, excuse or qualification applies in relation to an offence under this Act—

(a) it may be proved by the defendant, but

(b) need not be specified or negatived in any information or complaint;

and, if so specified or negatived, shall not require to be proved by the informant or complainant.

(2) This section applies in relation to an offence whether or not the exception, exemption, excuse or qualification is contained in the section creating the offence.

(3) This section does not apply to Scotland.

Service of documents

291

(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

(2) Any such document 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, on—

(i) 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 under Part II to be served on the Secretary of State may be served by post.

(5) Any notice authorised by section 261, 262, 263 or 264 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 United Kingdom ship shall be treated as duly served on him if served on such persons, 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).

Part XIII — Supplemental

Administration

General functions of Secretary of State

292

(1) The Secretary of State shall continue to have the general superintendence of all matters relating to merchant shipping and seamen and is authorised to carry into execution the provisions of this Act and of all Acts relating to merchant shipping and seaman for the time being in force, except where otherwise provided or so far as relating to revenue.

(2) The Secretary of State may take any legal proceedings under this Act in the name of any of his officers.

(3) The Secretary of State must consult the Scottish Ministers about the strategic priorities of the Secretary of State in exercising functions under subsection (1) in relation to the safety standards of ships in Scotland and protecting the health and safety of persons on them.

(4) In subsection (3) “Scotland” has the same meaning as in the Scotland Act 1998.

(5) The Secretary of State must consult the Welsh Ministers about the strategic priorities of the Secretary of State in exercising functions under subsection (1) in relation to the safety standards of ships in Wales and protecting the health and safety of persons on them.

(6) In subsection (5) “"Wales”” has the same meaning as in the Government of Wales Act 2006.

Functions of Secretary of State in relation to marine pollution

293

(1) The Secretary of State shall continue to have the functions of taking, or co-ordinating, measures to prevent, reduce and minimise the effects of, marine pollution.

(2) Without prejudice to the generality of subsection (1) above, the functions of the Secretary of State under that subsection include—

(za) the preparation, review and implementation of a national plan setting out arrangements for responding to incidents which cause or may cause marine pollution with a view to preventing such pollution or reducing or minimising its effects;

(a) the acquisition, maintenance, use and disposal of ships, aircraft, equipment and other property;

(b) the provision of services, including research, training and advice;

(c) the giving of assistance to any other State or international institution under any international agreement relating to the prevention, reduction or control of marine pollution; and

(d) any other functions exercisable on his behalf on 1st October 1994 by the Marine Pollution Control Unit.

(3) Assistance under subsection (2)(c) above shall be given on such terms as will secure reimbursement of the cost of giving the assistance if and to the extent that reimbursement will be practicable in the circumstances.

(4) The Secretary of State may make reasonable charges for the supply of goods or services.

(4A) Where under subsection (1) above the Secretary of State agrees that another person shall take any measures to prevent, reduce or minimise the effects of marine pollution, he may agree to indemnify that other person in respect of liabilities incurred by that person in connection with the taking of the measures.

(5) In this section—

“marine pollution” means pollution caused by ships, offshore installations or submarine pipelines affecting or likely to affect the United Kingdom or United Kingdom waters or controlled waters;

“offshore installation” means any installation which is maintained for underwater exploitation or exploration to which the Mineral Working (Offshore Installations) Act 1971 applies;

“pipeline” has the same meaning as in Part III of the Petroleum Act 1998 and “submarine” means in, under or over United Kingdom waters or controlled waters;

“United Kingdom controlled waters” means any part of the sea within the limits of an area designated under section 1(7) of the Continental Shelf Act 1964;

but no restriction as to the seas to which functions under this section extend is implied as regards the functions mentioned in subsection (2)(c) above.

General power to dispense

294

(1) The Secretary of State may, if he thinks fit, and upon such conditions (if any) as he thinks fit to impose, exempt any ship from any specified requirement of, or prescribed under, this Act other than Chapter II of Part VI, or dispense with the observance of any such requirement in the case of any ship, if he is satisfied, as respects that requirement, of the matters specified in subsection (2) below.

(2) Those matters are—

(a) that the requirement has been substantially complied with in the case of that ship or that compliance with it is unnecessary in the circumstances; and

(b) that the action taken or provision made as respects the subject-matter of the requirement in the case of the ship is as effective as, or more effective than, actual compliance with the requirement.

(3) The Secretary of State shall annually lay before both Houses of Parliament a special report stating—

(a) the cases in which he has exercised his powers under this section during the preceding year; and

(b) the grounds upon which he has acted in each case.

Registrar General of Shipping and Seamen

295

(1) There shall continue to be an officer known as the Registrar General of Shipping and Seamen.

(2) The Registrar General of Shipping and Seamen shall be appointed, and may be removed, by the Secretary of State.

(3) The Registrar General of Shipping and Seamen shall exercise such functions as are conferred on him by this Act and keep such records and perform such other duties as the Secretary of State may direct.

(4) The Secretary of State may appoint and remove persons to perform on behalf of the Registrar General of Shipping and Seamen such of his functions as the Secretary of State or the Registrar General of Shipping and Seamen may direct.

(5) Subsection (4) above does not apply in relation to the functions of the Registrar General of Shipping and Seaman as registrar under Part II.

Mercantile marine superintendents

296

(1) There shall continue to be officers known as mercantile marine superintendents.

(2) Mercantile marine superintendents shall be appointed, and may be removed, by the Secretary of State.

(3) Mercantile marine superintendents shall exercise the functions conferred on superintendents by this Act.

Wreck commissioners, etc

297

(1) The Lord Chancellor may appoint such number of persons as he thinks fit to be wreck commissioners and may remove any wreck commissioners appointed by him.

(2) A wreck commissioner shall vacate his office on the day on which he attains the age of 75.

(3) Before appointing a person to act as wreck commissioner in Northern Ireland the Lord Chancellor shall consult the Chief Justice of Northern Ireland.

(3A) The Lord Chancellor may remove a wreck commissioner from office only with the concurrence of—

(a) the Lord Chief Justice of England and Wales, or

(b) if the commissioner was appointed to act in Northern Ireland, the Lord Chief Justice of Northern Ireland.

(4) There shall be paid to any wreck commissioner such remuneration and such allowances, out of money provided by Parliament, as the Lord Chancellor may with the consent of the Treasury determine.

(5) There shall be paid to any assessor appointed under this Act such remuneration, out of money provided by Parliament, as the Lord Chancellor may with the consent of the Treasury determine.

Transmission of documents to Registrar General

298

(1) The following duties are imposed on all superintendents and all officers of customs and excise as respects all documents which are delivered or transmitted to or retained by them in pursuance of this Act.

(2) They shall take charge of the documents and keep them for such time (if any) as may be necessary for the purpose of settling any business arising at the place where the documents come into their hands, or for any other proper purpose.

(3) They shall, if required, produce them for any of those purposes, and shall then transmit them to the Registrar General of Shipping and Seamen.

(4) The Registrar General of Shipping and Seamen shall retain documents transmitted to him under subsection (3) above for such period as the Secretary of State may direct.

Returns, etc to Secretary of State

299

(1) All superintendents shall make and send to the Secretary of State such returns or reports on any matter relating to British merchant shipping or seamen as he may require.

(2) All consular officers abroad and all officers of customs and excise abroad shall make and send to the Secretary of State such returns or reports on any matter relating to British merchant shipping or seamen as he may require.

(3) All superintendents shall, when required by the Secretary of State, produce to him or to his officers all official log-books and other documents which are delivered to them under this Act.

(4) All surveyors of ships shall make such returns to the Secretary of State as he may require with respect to—

(a) the build, dimensions, draught, burden, speed and room for fuel of ships surveyed by them; and

(b) the nature and particulars of machinery and equipment of such ships.

(5) The owner, master and engineer of any ship being surveyed shall, when required to do so, give to the surveyors all such information and assistance within his power as the surveyors require for the purpose of returns under subsection (4) above.

(6) If the owner, master or engineer, on being required under subsection (5) above to give any information or assistance, fails, without reasonable excuse, to give the information or assistance he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Forms

300

(1) The Secretary of State may prepare and approve forms for any book, instrument or paper required under this Act, and may alter such forms as he thinks fit.

(2) The Secretary of State shall cause every such form to be marked with the distinguishing mark of his Department and, before finally issuing any form or making any alteration in a form, shall cause public notice thereof to be given in such manner as he thinks requisite in order to avoid inconvenience.

(3) The Secretary of State shall cause such forms to be supplied at offices of customs and excise and Department of Transport Marine Offices, free of charge or at such reasonable prices as the Secretary of State may fix, or he may licence any persons to print and sell the forms.

(4) Every such book, instrument or paper shall be made in the form (if any) approved by the Secretary of State, or as near as circumstances permit; and unless so made shall not be admissible in evidence in any civil proceedings on the part of the owner or master of any ship.

(5) Every such book, instrument or paper if made in a form purporting to be the proper form and to be marked in accordance with subsection (2) above shall be deemed to be in the form required by this Act, unless the contrary is proved.

(6) The foregoing provisions do not apply where special provision is made by this Act.

(7) If any person prints, sells or uses any document purporting to be a form approved by the Secretary of State knowing that the document is not the form approved for the time being or that the document has not been prepared or issued by the Secretary of State that person shall be liable, on summary conviction, to a fine not exceeding level 2 on the standard scale.

(8) In Scotland, if any person forges any 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.

Advisory committees

301

(1) The Secretary of State may, if he thinks fit, appoint committees for the purpose of advising him when considering the making or alteration of any regulations, rules or scales for the purpose of this Act other than Chapter II of Part VI.

(2) A committee appointed under this section shall consist of persons representing the interests principally affected or having special knowledge of the subject matter.

(3) The Secretary of State shall pay to the members of any committee under this section such travelling and other allowances as the Secretary of State determines with the consent of the Treasury.

(4) Committees may be appointed under this section to advise the Secretary of State specially as regards any special regulations, rules or scales or generally as regards any class or classes of regulations, rules or scales which the Secretary of State may assign to them.

Financial Provisions

Fees

302

(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 this Act of any certificate, licence or other document; or

(b) the doing of any thing in pursuance of this Act.

(2) In the case of fees for the measurement of a ship’s tonnage the fees may be prescribed as maximum fees.

(3) All fees received by the Secretary of State under this Act shall be paid into the Consolidated Fund.

Expenses of Commissioners of Customs and Excise

303

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Expenses charged on money provided by Parliament

304

(1) The following expenses and other amounts shall be payable out of money provided by Parliament—

(a) the expenses incurred by the Secretary of State under this Act;

(b) the salaries, pensions, gratuities and allowances of surveyors of ships, Departmental inspectors and superintendents;

(c) the sums required for the contribution from the United Kingdom towards maintaining, in accordance with the Safety Convention, a service in the North Atlantic for the study and observation of ice and for the ice patrol;

(d) the expenses of obtaining depositions, reports and returns respecting wrecks and casualties;

(e) such sums as the Secretary of State may, in his discretion, think fit to pay in respect of claims on account of the proceeds of wreck;

(f) the expenses incurred in respect of receivers of wrecks and the performance of their duties;

(g) such expenses as the Secretary of State directs for—

(i) establishing and maintaining on the coasts of the United Kingdom proper lifeboats with the necessary crews and equipment;

(ii) affording assistance towards the preservation of life and property in cases of shipwreck and distress at sea; or

(iii) rewarding the preservation of life in such cases;

(h) any other amounts which are by virtue of any provision of this Act payable out of money provided by Parliament.

(2) In subsection (1)(c) above “the Safety Convention” means the International Convention for the Safety of Life at Sea signed in London on 1st November 1974.

Payments to be made into Consolidated Fund

305

(1) The following sums shall be paid into the Consolidated Fund—

(a) all fees, charges and expenses payable in respect of the survey and measurement of ships;

(b) any fees received by receivers of wrecks;

(c) any sums received by the Secretary of State under this Act or which are, by any provision of it, required to be paid into the Consolidated Fund.

(2) All fees mentioned in this section shall be paid at such time and in such manner as the Secretary of State directs.

Subordinate Legislation

Regulations, rules and orders, etc

306

(1) Subject to subsection (1A) below, any power of the Secretary of State to make regulations, orders or rules under this Act shall be exercisable by statutory instrument.

(1A) Subsection (1) above does not apply to—

(a) rules made under section 91; or

(b) any instrument made under section 128(4)(f) other than an instrument containing regulations.

(2) Subject to subsection (2A) below—

(a) any statutory instrument containing regulations under this Act (including such an instrument made by virtue of section 128(4)(f) or 182B(4)(e)), and

(b) any statutory instrument containing an order or rules made under this Act,

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(2A) Subsection (2) above does not apply to—

(a) regulations made under section 84A(2), 130A, 259(8) or 260(3) or Schedule 11A;

(b) commencement orders;

(c) any order made under section 216(2), 223(3) , 255G(3)(c), 255Q(2), 255U(1), paragraph 8 of Part II of Schedule 7, or any provision of Schedule 14.

(3) Any statutory instrument containing an Order in Council under this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament but this subsection does not apply to Orders under section 2(4), 128, 129, 152(2), 172(2), 182B(1) 183, 184, 185(2A) or (2B) 224, 308 or 315(2) or under . . . paragraph 10 of Part II of Schedule 6 or paragraph 13 of Part II of Schedule 7.

(4) Before making the following regulations, rules or orders, namely—

(a) regulations under Part III or section 108 or 130A;

(b) rules under Chapter II of Part V;

the Secretary of State shall consult with organisations in the United Kingdom appearing to him representative of persons who will be affected by the regulations, rules or orders.

(5) Any direction, notice, order or authorisation under this Act given or made by the Secretary of State shall be in writing.

(6) Any power to give a direction includes power to vary or revoke the direction by a subsequent direction.

Application of Act to certain descriptions of ships, etc.

Application of Act to non-United Kingdom ships

307

(1) The Secretary of State may make regulations specifying any description of non-United Kingdom ships and directing that such of the provisions of this Act and of instruments under this Act as may be specified in the regulations—

(a) shall extend to non-United Kingdom ships of that description and to masters and seamen employed in them, or

(b) shall so extend in such circumstances as may be so specified, with such modifications (if any) as may be so specified.

(2) Regulations under this section may contain such transitional, supplementary and consequential provisions as appear to the Secretary of State to be expedient.

(3) In this section “non-United Kingdom ships” means ships which are not registered in the United Kingdom.

Application of Act to government ships

308

(1) Subject to any other provision of it, this Act shall not apply to ships belonging to Her Majesty.

(2) Her Majesty may by Order in Council make regulations with respect to the manner in which Government ships may be registered as British ships under Part II; and this Act, subject to any exceptions and modifications which may be made by Order in Council, either generally or as respects any special class of Government ships, shall apply to government ships registered in accordance with the Order as if they were registered in accordance with Part II.

(3) Any Order in Council under subsection (2) above shall be laid before Parliament after being made.

(4) In this section “Government ships” means ships not forming part of Her Majesty’s Navy which belong to Her Majesty, or are held by any person on behalf of or for the benefit of the Crown (and for that reason cannot be registered under Part II).

Application of Act to ships chartered by demise to the Crown

309

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

(a) the ship is—

(i) registered in the United Kingdom, and

(ii) in the service of a government department (including a Northern Ireland department) (“the relevant department”) by reason of a charter by demise to the Crown; and

(b) there is in force under section 308(2) an Order in Council providing for the registration of Government ships in the service of the relevant department.

(2) Where this section applies to any ship, the following statutory provisions, namely—

(a) the provisions of the Order in Council referred to in subsection (1)(b) above (excluding those relating to registration under the Order), and

(b) the provisions of this Act (as they apply by virtue of section 308(2) and that Order in Council),

shall (subject to subsections (3) and (4) below) 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).

(3) Subject to subsection (4) below, Part II 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 this Act, a ship belonging to Her Majesty.

(4) Her Majesty may by Order in Council provide that any statutory provision falling within subsection (2) or (3) above and specified in the Order—

(a) shall not have effect in accordance with that subsection in relation to a ship to which this section applies, or

(b) shall so have effect in relation to such a ship, but subject to such modifications as are specified in the Order.

(5) In the application of any provision of this Act (other than a provision of Part II) 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.

(6) An Order in Council under this section may make such transitional, incidental or supplementary provision as appears to Her Majesty to be necessary or expedient.

Application of Act to hovercraft

310

The enactments and instruments with respect to which provision may be made by Order in Council under section 1(1)(h) of the Hovercraft Act 1968 shall include this Act (except Parts I and II) and any instrument made thereunder.

Application of Act to certain structures, etc

311

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Special provisions for Scots law

312

(1) Nothing in this Act shall be held in any way to annul or restrict the common law of Scotland with regard to the prosecution or punishment 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 or the rights of owners or creditors in regard to enforcing a judicial sale of any ship and equipment, or to give to the High Court in England and Wales any jurisdiction in respect of salvage in Scotland which it did not have or exercise before 25 August 1894.

(2) Any enactment which confers on any court in Scotland Admiralty jurisdiction in respect of damage shall have effect as if references to damage included reference to damages for loss of life or personal injury, and accordingly proceedings in respect of such damages may be brought in rem or in personam.

Final provisions

Definitions

313

(1) In this Act, unless the context otherwise requires—

“British connection” has the meaning given in section 9(9);

“British citizen”, “British Dependent Territories citizen”, “British Overseas citizen” and “Commonwealth citizen” have the same meaning as in the British Nationality Act 1981;

“British ship” has the meaning given in section 1(1);

“commissioned military officer” means a commissioned officer in Her Majesty’s land forces on full pay;

“commissioned naval officer” means a commissioned officer of Her Majesty’s Navy on full pay;

“conservancy authority” includes all persons entrusted with the function of conserving, maintaining or improving the navigation of a tidal water (as defined in section 255);

“consular officer”, in relation to a foreign country, means the officer recognised by Her Majesty as a consular officer of that foreign country;

“contravention” includes failure to comply (and “failure” includes refusal);

“Departmental inspector” and “Departmental officer” have the meanings given in section 256(9);

“fishing vessel” means a vessel for the time being used (or, in the context of an application for registration, intended to be used) for, or in connection with fishing for sea fish other than a vessel used (or intended to be used) for fishing otherwise than for profit; and for the purposes of this definition “sea fish” includes shellfish, salmon and migratory trout (as defined by section 44 of the Fisheries Act 1981);

“foreign”, in relation to a ship, means that it is neither a United Kingdom ship nor a small ship (as defined in section 1(2)) which is a British ship;

“Government ship” has the meaning given in section 308;

“harbour” includes estuaries, navigable rivers, piers, jetties and other works in or at which ships can obtain shelter or ship and unship goods or passengers;

“harbour authority” includes all persons entrusted with the function of constructing, improving, managing, regulating, maintaining or lighting a harbour;

“harbour authority” means, in relation to a harbour—the person who is the statutory harbour authority for the harbour, orif there is no statutory harbour authority for the harbour, the person (if any) who is the proprietor of the harbour or who is entrusted with the function of managing, maintaining or improving the harbour;

“master” includes every person (except a pilot) having command or charge of a ship and, in relation to a fishing vessel, means the skipper;

“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;

“port” includes place;

“proper officer” means a consular officer appointed by Her Majesty’s Government in the United Kingdom and, in relation to a port in a country outside the United Kingdom which is not a foreign country, also any officer exercising in that port functions similar to those of a superintendent;

“qualifying foreign ship” has the meaning given in section 313A;

“the register” and “registered” have the meaning given in section 23(1);

“the registrar”, in relation to the registration of ships, has the meaning given in section 8;

“registration regulations” means regulations under section 10;

“relevant British possession” means—

(a) the Isle of Man;

(b) any of the Channel Islands; and

“safety regulations” means regulations under section 85;

“seaman” includes every person (except masters and pilots) employed or engaged in any capacity on board any ship;

“ship” includes every description of vessel used in navigation;

“statutory harbour authority” means—in relation to Great Britain, a harbour authority within the meaning of the Harbours Act 1964; andin relation to Northern Ireland, a harbour authority within the meaning of the Harbours Act (Northern Ireland) 1970.

“superintendent” means a mercantile marine superintendent appointed under section 296;

“surveyor of ships” has the meaning given in section 256(9);

“the tonnage regulations” means regulations under section 19;

“United Kingdom ship” (and in Part V “United Kingdom fishing vessel”) has the meaning given in section 1(3) except in the contexts there mentioned; and

“wages” includes emoluments.

(2) In this Act—

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

(b) “national waters”, in relation to the United Kingdom, means United Kingdom waters landward of the baselines for measuring the breadth of its territorial sea.

(2A) In this Act “right of innocent passage”, “right of transit passage” and “straits used for international navigation” shall be construed in accordance with the United Nations Convention on the Law of the Sea 1982.

(3) 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.

Repeals, consequential amendments and transitional provisions

314

(1) The enactments specified in Schedule 12 (which include enactments which are spent) are, subject to subsection (3) below and to any Note at the end of the Schedule, repealed to the extent specified in the third column of that Schedule.

(2) The enactments specified in Schedule 13 shall have effect subject to the amendments specified in that Schedule.

(3) The saving and transitional provisions in Schedule 14 shall have effect.

(4) The Secretary of State may, by order, make such amendments of any local Act or instrument so far as it provides for the registration of ships in local registers as appear to him to be appropriate in view of the provisions made for the register mentioned in section 8.

Extent and application

315

(1) Except for sections 18 and 193(5), this Act extends to England and Wales, Scotland and Northern Ireland.

(2) Her Majesty may by Order in Council direct that any provision of this Act and instruments made under this Act shall, with such exceptions, adaptations and modifications (if any) as may be specified in the Order, extend to any relevant British possession.

(3) Her Majesty may, in relation to any relevant British possession, by Order in Council direct that, with such exceptions, adaptations and modifications (if any) as may be specified in the Order, any of the provisions of this Act shall have effect as if references in them to the United Kingdom included a reference to that possession.

(4) An Order in Council under subsection (2) above may make such transitional, incidental or supplementary provision as appears to Her Majesty to be necessary or expedient.

(5) Without prejudice to the generality of subsection (4) above, an Order in Council under this section may, in its application to any relevant British possession, provide for such authority in that possession as is specified in the Order to furnish the Secretary of State or the registrar with such information with respect to the registration of ships in that possession under its law as is specified in the Order or as the Secretary of State may from time to time require, and for any such information to be so furnished at such time or times and in such manner as is or are so specified or (as the case may be) as the Secretary of State may so require.

Short title and commencement

316

(1) This Act may be cited as the Merchant Shipping Act 1995.

(2) This Act shall come into force on 1st January 1996.

SCHEDULE 1

General

1

(1) Subject to any rights and powers appearing from the register to be vested in any other person, the registered owner of a ship or of a share in a ship shall have power absolutely to dispose of it provided the disposal is made in accordance with this Schedule and registration regulations.

(2) Sub-paragraph (1) above does not imply that interests arising under contract or other equitable interests cannot subsist in relation to a ship or a share in a ship; and such interests may be enforced by or against owners and mortgagees of ships in respect of their interest in the ship or share in the same manner as in respect of any other personal property.

(3) The registered owner of a ship or of a share in a ship shall have power to give effectual receipts for any money paid or advanced by way of consideration on any disposal of the ship or share.

Transfers etc of registered ships

2

(1) Any transfer of a registered ship, or a share in such a ship, shall be effected by a bill of sale satisfying the prescribed requirements, unless the transfer will result in the ship ceasing to have a British connection.

(2) Where any such ship or share has been transferred in accordance with sub-paragraph (1) above, the transferee shall not be registered as owner of the ship or share unless—

(a) he has made the prescribed application to the registrar; and

(b) the registrar is satisfied that the ship retains a British connection and that he would not refuse to register the ship.

(3) If an application under sub-paragraph (2) above is granted by the registrar, the registrar shall register the bill of sale in the prescribed manner.

(4) Bills of sale shall be registered in the order in which they are produced to the registrar for the purposes of registration.

3

(1) Where a registered ship, or a share in a registered ship, is transmitted to any person by any lawful means other than a transfer under paragraph 2 above and the ship continues to have a British connection, that person shall not be registered as owner of the ship or share unless—

(a) he has made the prescribed application to the registrar; and

(b) the registrar is satisfied that the ship retains a British connection and that he would not refuse to register the ship.

(2) If an application under sub-paragraph (1) is granted by the registrar, the registrar shall cause the applicant’s name to be registered as owner of the ship or share.

4

(1) Where the property in a registered ship or share in a registered ship is transmitted to any person by any lawful means other than a transfer under paragraph 2 above, but as a result the ship no longer has a British connection, the High Court or in Scotland the Court of Session may, on application by or on behalf of that person, order a sale of the property so transmitted and direct that the proceeds of sale, after deducting the expenses of the sale, shall be paid to that person or otherwise as the court direct.

(2) The court may require any evidence in support of the application they think requisite, and may make the order on any terms and conditions they think just, or may refuse to make the order, and generally may act in the case as the justice of the case requires.

(3) Every such application must be made within the period of 28 days beginning with the date of the occurrence of the event on which the transmission has taken place, or within such further time (not exceeding one year) as the court may allow.

(4) If—

(a) such an application is not made within the time allowed by or under sub-paragraph (3) above; or

(b) the court refuse an order for sale,

the ship or share transmitted shall be liable to forfeiture.

5

(1) Where any court (whether under paragraph 4 above or otherwise) order the sale of any registered ship or share in a registered ship, the order of the court shall contain a declaration vesting in some named person the right to transfer the ship or share.

(2) The person so named shall be entitled to transfer the ship or share in the same manner and to the same extent as if he were the registered owner of the ship or share.

(3) The registrar shall deal with any application relating to the transfer of the ship or share made by the person so named as if that person were the registered owner.

6

(1) The High Court or in Scotland the Court of Session may, if they think fit (without prejudice to the exercise of any other power), on the application of any interested person, make an order prohibiting for a specified time any dealing with a registered ship or share in a registered ship.

(2) The court may make the order on any terms or conditions they think just, or may refuse to make the order, or may discharge the order when made (with or without costs or, in Scotland, expenses) and generally may act in the case as the justice of the case requires.

(3) The order, when a copy is served on the registrar, shall be binding on him whether or not he was made a party to the proceedings.

Mortgages of registered ships

7

(1) A registered ship, or share in a registered ship, may be made a security for the repayment of a loan or the discharge of any other obligation.

(2) The instrument creating any such security (referred to in the following provisions of this Schedule as a “mortgage”) shall be in the form prescribed by or approved under registration regulations.

(3) Where a mortgage executed in accordance with sub-paragraph (2) above is produced to the registrar, he shall register the mortgage in the prescribed manner.

(4) Mortgages shall be registered in the order in which they are produced to the registrar for the purposes of registration.

Priority of registered mortgages

8

(1) Where two or more mortgages are registered in respect of the same ship or share, the priority of the mortgagees between themselves shall, subject to sub-paragraph (2) below, be determined by the order in which the mortgages were registered (and not by reference to any other matter).

(2) Registration regulations may provide for the giving to the registrar by intending mortgagees of “priority notices” in a form prescribed by or approved under the regulations which, when recorded in the register, determine the priority of the interest to which the notice relates.

Registered mortgagee’s power of sale

9

(1) Subject to sub-paragraph (2) below, every registered mortgagee shall have power, if the mortgage money or any part of it is due, to sell the ship or share in respect of which he is registered, and to give effectual receipts for the purchase money.

(2) Where two or more mortgagees are registered in respect of the same ship or share, a subsequent mortgagee shall not, except under an order of a court of competent jurisdiction, sell the ship or share without the concurrence of every prior mortgagee.

Protection of registered mortgagees

10

Where a ship or share is subject to a registered mortgage then—

(a) except so far as may be necessary for making the ship or share available as a security for the mortgage debt, the mortgagee shall not by reason of the mortgage be treated as owner of the ship or share; and

(b) the mortgagor shall be treated as not having ceased to be owner of the ship or share.

Transfer of registered mortgage

11

(1) A registered mortgage may be transferred by an instrument made in the form prescribed by or approved under registration regulations.

(2) Where any such instrument is produced to the registrar, the registrar shall register the transferee in the prescribed manner.

Transmission of registered mortgage by operation of law

12

Where the interest of a mortgagee in a registered mortgage is transmitted to any person by any lawful means other than by a transfer under paragraph 11 above, the registrar shall, on production of the prescribed evidence, cause the name of that person to be entered in the register as mortgagee of the ship or share in question.

Discharge of registered mortgage

13

Where a registered mortgage has been discharged, the registrar shall, on production of the mortgage deed and such evidence of the discharge of the mortgage as may be prescribed, cause an entry to be made in the register to the effect that the mortgage has been discharged.

Definitions

14

In this Schedule—

“mortgage” shall be construed in accordance with paragraph 7(2) above;

“prescribed” means prescribed in registration regulations; and

“registered mortgage” means a mortgage registered under paragraph 7(3) above.

SCHEDULE 2

1

(1) In this Schedule “regulations” means regulations made under section 88 and “prescribed” means prescribed by regulations.

(2) Nothing in this Schedule shall be taken to prejudice the generality of section 88.

Registration of submersible apparatus

2

Regulations made by virtue of section 88(2)(e) of this Act may make provision—

(a) for all matters relevant to the maintenance of a register of submersible apparatus,

(b) without prejudice to sub-paragraph (a) above, for the period for which any registration or exemption is to remain effective without renewal, the alteration or cancellation in any prescribed circumstances of registration or exemption or of any conditions attached thereto, the person by whom and manner in which applications in connection with any registration or exemption are to be made, and information and evidence to be furnished in connection with any such application,

(d) for the issue of certificates of registration or exemption, and the custody, surrender, production or display of the certificates or copies of them,

(e) for matters arising out of the termination of any registration or exemption, or any conditions attached thereto.

Offences

3

(1) Subject to sub-paragraph (2) below, regulations—

(a) may provide for the creation of offences and for their punishment on summary conviction or on conviction on indictment, and

(b) may afford, in respect of any description of offence created by the regulations, such defence (if any) as may be prescribed.

(2) The punishment for an offence created by regulations shall be—

(a) on summary conviction, a fine not exceeding the statutory maximum,

(b) on conviction on indictment, imprisonment for a term not exceeding two years, or a fine, or both,

but without prejudice to any further restriction contained in the regulations on the punishments which can be awarded and without prejudice to the exclusion by the regulations of proceedings on indictment.

Exemptions from regulations

4

(1) The operation of any regulations may be excluded in whole or in part in relation to any class or description of submersible or supporting apparatus by regulations, or in relation to any particular apparatus by the direction of the Secretary of State given in such manner as he thinks appropriate.

(2) Any exemption or exclusion by regulations or by directions of the Secretary of State under this paragraph may be made subject to the imposition of conditions specified by the regulations or directions.

(3) Where, in pursuance of this paragraph, a person is exempted or excluded from the requirements of the provisions of regulations but subject to a condition, and the condition is not observed, the exemption or exclusion shall not have effect, and accordingly proceedings may be brought in respect of any offence created by the regulations.

General

5

Regulations—

(a) may provide for their operation anywhere outside the United Kingdom and for their application to persons, whether or not Commonwealth citizens, and to companies, whether or not incorporated under the law of any part of the United Kingdom;

(b) may provide that in any proceedings for an offence under the regulations (other than proceedings to which sub-paragraph (c) below applies) an averment in any process of the fact that anything was done or situated within United Kingdom waters shall, until the contrary is proved, be sufficient evidence of that fact as stated in the averment;

(c) 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;

(d) may provide that proceedings for an offence under the regulations may be taken, and the offence be treated for all incidental purposes as having been committed, in any place in the United Kingdom;

(e) may provide for any provisions of Part XI relating to inquiries and investigations into marine accidents to apply (with such modifications as may be specified) in relation to accidents involving any submersible apparatus which is not a ship as they apply to ships;

(f) may provide that specified provisions of any enactment (other than section 88 and this Schedule) shall, in such circumstances as may be prescribed, not have effect in relation to such class or description of, or to such particular, submersible or supporting apparatus as may be prescribed;

(g) may make different provision for different classes or descriptions of submersible or supporting apparatus and for different circumstances;

(h) may contain such supplemental and incidental provisions as appear to the Secretary of State to be expedient.

SCHEDULE 3

General Provisions

Ships to which Schedule applies

1

This Schedule applies to all ships except—

(a) ships of war;

(b) ships solely engaged in fishing; and

Load Line rules

2

(1) The Secretary of State shall make rules in accordance with the following provisions of this Schedule (referred to as “the load line rules”); and in making those rules the Secretary of State shall have regard in particular to the Convention of 1966.

(2) The load line rules shall make provision—

(a) for the surveying and periodical inspection of ships to which this Schedule applies;

(b) for determining freeboards to be assigned from time to time to such ships;

(c) for determining, in relation to any such ship, the deck which is to be taken to be the freeboard deck of the ship, and for requiring the position of that deck to be indicated on each side of the ship by a mark of a description prescribed by the rules; and

(d) for determining, by reference to that mark and the freeboards for the time being assigned to any such ship, the positions in which each side of the ship is to be marked with lines of a description prescribed by the rules, indicating the various maximum depths to which the ship may be loaded in circumstances prescribed by the rules.

(3) The load line rules shall include the following provisions—

(a) provisions specifying such requirements in respect of the hulls, superstructures, fittings and appliances of ships to which this Schedule applies as appear to the Secretary of State to be relevant to the assignment of freeboards to such ships;

(b) provisions whereby, at the time when freeboards are assigned to a ship in accordance with the load line rules, such particulars relating to those requirements as may be determined in accordance with the rules are to be recorded in such manner as may be so determined; and

(c) provisions for determining by reference to those requirements and that record whether, at any time after freeboards have been so assigned to a ship and while they continue to be so assigned, the ship is for the purposes of this Schedule to be taken to comply, or not to comply, with the conditions of assignment;

and those provisions shall be set out separately in the load line rules under the title of “rules as to conditions of assignment”.

(4) The load line rules shall also include provisions requiring such information relating to the stability of any ship to which freeboards are assigned thereunder, and such information relating to the loading and ballasting of any such ship, as may be determined in accordance with the rules to be provided for the guidance of the master of the ship in such manner as may be so determined.

(5) In relation to any matter authorised or required by this Schedule to be prescribed by the load line rules, those rules may make different provision by reference to (or to any combination of) any of the following, that is to say, different descriptions of ships, different areas, different seasons of the year and any other different circumstances.

(6) Except in so far as the context otherwise requires, in this Schedule “deck-line” means such a mark as is referred to in sub-paragraph (2)(c) above, and “load lines” means such lines as are referred to in sub-paragraph (2)(d) above.

United Kingdom ships — Compliance with load line rules

3

(1) Subject to any exemption conferred by or under this Schedule, no United Kingdom ship to which this Schedule applies shall proceed or attempt to proceed to sea unless—

(a) the ship has been surveyed in accordance with the load line rules;

(b) the ship is marked with a deck-line and with load lines in accordance with those rules;

(d) the information required by those rules to be provided as mentioned in paragraph 2(4) of this Schedule is provided for the guidance of the master of the ship in the manner determined in accordance with the rules.

(2) If any ship proceeds or attempts to proceed to sea in contravention of sub-paragraph (1) above, the owner or master of the ship shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to a fine.

(3) Any ship which in contravention of sub-paragraph (1) above attempts to proceed to sea without being surveyed and marked as mentioned in sub-paragraph (1)(a) and (b) above may be detained until it has been so surveyed and marked.

(4) Any such ship as is mentioned in sub-paragraph (1) above which does not comply with the conditions of assignment shall be deemed to be dangerously unsafe for the purposes of sections 95, 96 and 97.

Submersion of load lines

4

(1) Where a United Kingdom ship to which this Schedule applies is marked with load lines, the ship shall not be so loaded that—

(a) if the ship is in salt water and has no list, the appropriate load line on each side of the ship is submerged, or

(b) in any other case, the appropriate load line on each side of the ship would be submerged if the ship were in salt water and had no list.

(2) If any ship is loaded in contravention of sub-paragraph (1) above, the owner or master of the ship shall (subject to sub-paragraph (5) below) be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum and to such additional fine, not exceeding an amount calculated in accordance with sub-paragraph (3) below, as the court thinks fit to impose, having regard to the extent to which the earning capacity of the ship was increased by reason of the contravention;

(b) on conviction on indictment, to a fine.

(3) Any additional fine imposed under sub-paragraph (2)(a) above shall not exceed £1,000 for each complete centimetre by which—

(a) in a case falling within sub-paragraph (1)(a) above, the appropriate load line on each side of the ship was submerged, or

(b) in a case falling within sub-paragraph (1)(b) above, the appropriate load line on each side of the ship would have been submerged as therein mentioned.

(4) If the master of a ship takes the ship to sea when it is loaded in contravention of sub-paragraph (1) above, or if any other person, having reason to believe that the ship is so loaded, sends or is party to sending the ship to sea when it is loaded in contravention of that sub-paragraph, then (without prejudice to any fine to which he may be liable in respect of an offence under sub-paragraph (2) above) he shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to a fine.

(5) Where a person is charged with an offence under sub-paragraph (2) above, it shall be a defence to prove that the contravention was due solely to deviation or delay and that the deviation or delay was caused solely by stress of weather or other circumstances which neither the master nor the owner nor the charterer (if any) could have prevented or forestalled.

(6) Without prejudice to any proceedings under the preceding provisions of this paragraph, any ship which is loaded in contravention of sub-paragraph (1) above may be detained until it ceases to be so loaded.

(7) For the purposes of the application of this paragraph to a ship in any circumstances prescribed by the load line rules in accordance with paragraph 2(2)(d) of this Schedule, “the appropriate load line” means the load line which, in accordance with those rules, indicates the maximum depth to which the ship may be loaded in salt water in those circumstances.

Miscellaneous offences in relation to marks

5

Where a United Kingdom ship to which this Schedule applies is marked in accordance with any requirements as to marking imposed by or under this Schedule, then if—

(a) the owner or master of the ship fails without reasonable excuse to keep the ship so marked, or

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