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| Merchant
Shipping Act 1988 (c. 12) |
| 1988 c. 12
- continued |
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SCHEDULE 4 |
| Section
34. |
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Amendments
relating to Liability and Compensation for Oil
Pollution Damage |
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Part I |
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Amendments of Merchant
Shipping (Oil Pollution) Act 1971 |
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1. For
section 1 substitute—
"Liability for oil
pollution.
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1. — (1) Where,
as a result of any occurrence, any oil
is discharged or escapes from a ship
to which this section applies, then
(except as otherwise provided by this
Act) the owner of the ship shall be
liable—
(a) for
any damage caused outside the ship
in the area of the United Kingdom by
contamination resulting from the
discharge or escape; and
(b) for
the cost of any measures reasonably
taken after the discharge or escape
for the purpose of preventing or
minimising any damage so caused in
the area of the United Kingdom by
contamination resulting from the
discharge or escape; and
(c) for
any damage so caused in the area of
the United Kingdom by any measures
so taken.
(2) Where,
as a result of any occurrence, there
arises a grave and imminent threat of
damage being caused outside a ship to
which this section applies by
contamination resulting from a
discharge or escape of oil from the
ship, then (except as otherwise
provided by this Act) the owner of the
ship shall be liable—
(a) for
the cost of any measures reasonably
taken for the purpose of preventing
or minimising any such damage in the
area of the United Kingdom; and
(b) for
any damage caused outside the ship
in the area of the United Kingdom by
any measures so taken;
and in this Act
any such threat is referred to as a
relevant threat of contamination.
(3) Subject
to subsection (4) of this section,
this section applies to any ship
constructed or adapted for carrying
oil in bulk as cargo.
(4) Where
any ship so constructed or adapted is
capable of carrying other cargoes
besides oil, this section shall apply
to any such ship—
(a) while
it is carrying oil in bulk as cargo;
and
(b) unless
it is proved that no residues from
the carriage of any such oil remain
in the ship, while it is on any
voyage following the carriage of any
such oil,
but not
otherwise.
(5) Where
a person incurs a liability under
subsection (1) or (2) of this section
he shall also be liable for any damage
or cost for which he would be liable
under that subsection if the
references in it to the area of the
United Kingdom included the area of
any other Convention country.
(6) Where—
(a) as
a result of any occurrence, a
liability is incurred under this
section by the owner of each of two
or more ships, but
(b) the
damage or cost for which each of the
owners would be liable cannot
reasonably be separated from that
for which the other or others would
be liable,
each of the
owners shall be liable, jointly with
the other or others, for the whole of
the damage or cost for which the
owners together would be liable under
this section.
(7) For
the purposes of this Act—
(a) references
to a discharge or escape of oil from
a ship are references to such a
discharge or escape wherever it may
occur, and whether it is of oil
carried in a cargo tank or of oil
carried in a bunker fuel tank;
(b) where
more than one discharge or escape
results from the same occurrence or
from a series of occurrences having
the same origin, they shall be
treated as one, but any measures
taken after the first of them shall
be deemed to have been taken after
the discharge or escape; and
(c) where
a relevant threat of contamination
results from a series of occurrences
having the same origin, they shall
be treated as a single occurrence.
(8) The [1945
c. 28.] Law Reform
(Contributory Negligence) Act 1945
and, in Northern Ireland, the [1948
c. 23 (N.I.).] Law Reform
(Miscellaneous Provisions) Act
(Northern Ireland) 1948 shall apply in
relation to any damage or cost for
which a person is liable under this
section, but which is not due to his
fault, as if it were due to his fault.
" |
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2. For
section 2 substitute—
"Exceptions from
liability under s.1.
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2. No
liability shall be incurred by the
owner of a ship under section 1 of
this Act by reason of any discharge or
escape of oil from the ship, or by
reason of any relevant threat of
contamination, if he proves that the
discharge or escape, or (as the case
may be) the threat of contamination—
(a) resulted
from an act of war, hostilities,
civil war, insurrection or an
exceptional, inevitable and
irresistible natural phenomenon; or
(b) was
due wholly to anything done or
omitted to be done by another
person, not being a servant or agent
of the owner, with intent to do
damage; or
(c) was
due wholly to the negligence or
wrongful act of a government or
other authority in exercising its
function of maintaining lights or
other navigational aids for the
maintenance of which it was
responsible.
" |
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3. For
section 3 substitute—
"Restriction of
liability for oil pollution.
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3. — (1) Where,
as a result of any occurrence—
(a) any
oil is discharged or escapes from a
ship to which section 1 of this Act
applies, or
(b) there
arises a relevant threat of
contamination,
then, whether or
not the owner of the ship in question
incurs a liability under section 1 of
this Act—
(i) he shall not be liable
otherwise than under that section for
any such damage or cost as is
mentioned in it, and
(ii) no person to whom this
paragraph applies shall be liable for
any such damage or cost unless it
resulted from anything done or omitted
to be done by him either with intent
to cause any such damage or cost or
recklessly and in the knowledge that
any such damage or cost would probably
result.
(2) Subsection
(1)(ii) of this section applies to—
(a) any
servant or agent of the owner of the
ship;
(b) any
person not falling within paragraph
(a) above but employed or engaged in
any capacity on board the ship or to
perform any service for the ship;
(c) any
charterer of the ship (however
described and including a bareboat
charterer), and any manager or
operator of the ship;
(d) any
person performing salvage operations
with the consent of the owner of the
ship or on the instructions of a
competent public authority;
(e) any
person taking any such measures as
are mentioned in subsection (1)(b)
or (2)(a) of section 1 of this Act;
(f) any
servant or agent of a person falling
within paragraph (c), (d) or (e)
above.
(3) The
liability of the owner of a ship under
section 1 of this Act for any
impairment of the environment shall be
taken to be a liability only in
respect of—
(a) any
resulting loss of profits, and
(b) the
cost of any reasonable measures of
reinstatement actually taken or to
be taken.
" |
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4. For
section 4 substitute—
"Limitation of
liability under s.1.
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4. — (1) Where,
as a result of any occurrence, the
owner of a ship incurs a liability
under section 1 of this Act by reason
of a discharge or escape or by reason
of any relevant threat of
contamination, then (subject to
subsection (3) of this section)—
(a) he
may limit that liability in
accordance with the provisions of
this Act, and
(b) if
he does so, his liability (that is
to say, the aggregate of his
liabilities under section 1
resulting from the occurrence) shall
not exceed the relevant amount.
(2) In
subsection (1) of this section
"the relevant amount"
means—
(a) in
relation to a ship not exceeding
5,000 tons, 3 million special
drawing rights;
(b) in
relation to a ship exceeding 5,000
tons, 3 million special drawing
rights together with an additional
420 special drawing rights for each
ton of its tonnage in excess of
5,000 tons up to a maximum amount of
59.7 million special drawing rights;
but the
Secretary of State may by order made
by statutory instrument make such
amendments of paragraphs (a) and (b)
above as appear to him to be
appropriate for the purpose of giving
effect to the entry into force of any
amendment of the limits of liability
laid down in paragraph 1 of Article V
of the Convention.
(3) Subsection
(1) of this section shall not apply in
a case where it is proved that the
discharge or escape, or (as the case
may be) the relevant threat of
contamination, resulted from anything
done or omitted to be done by the
owner either with intent to cause any
such damage or cost as is mentioned in
section 1 of this Act or recklessly
and in the knowledge that any such
damage or cost would probably result.
(4) For
the purposes of this section a ship's
tonnage shall be its gross tonnage
calculated in such manner as may be
prescribed by an order made by the
Secretary of State by statutory
instrument subject to annulment in
pursuance of a resolution of either
House of Parliament.
(5) Any
such order shall, so far as it appears
to the Secretary of State to be
practicable, give effect to the
regulations in Annex 1 of the
International Convention on Tonnage
Measurement of Ships 1969.
" |
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5. In
section 5 (limitation actions), after
subsection (6) add—
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"(7) No
lien or other right in respect of any
ship or other property shall affect
the proportions in which any amount is
distributed in accordance with
subsection (2)(b) of this
section." |
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6. In
section 7 (concurrent liabilities of owners
and others), for the words from the beginning
to "of that section," substitute
"Where, as a result of any discharge or
escape of oil from a ship or as a result of
any relevant threat of contamination, the
owner of a ship incurs a liability under
section 1 of this Act and any other person
incurs a liability, otherwise than under that
section, for any such damage or cost as is
mentioned in subsection (1) or (2) of that
section,". |
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7. In
section 9 (extinguishment of claims), after
"escape" insert ", or (as the
case may be) in the relevant threat of
contamination,". |
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8. In
section 10 (compulsory insurance against
liability for pollution)—
(a) in
subsection (1), omit "persistent"
(b) in
subsection (3)(c), for the words from
"a certificate recognised" onwards
substitute "by or under the authority
of the government of any Convention country
other than the United Kingdom" and
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9. In
section 12 (rights of third parties against
insurers)—
(a) in
subsection (1), after "occurring"
insert ", or as a result of any
relevant threat of contamination
arising,"
(b) in
subsection (2), after "escape"
insert ", or (as the case may be) the
threat of contamination," and
(c) in
subsection (3), for "occurred without
the owner's actual fault or privity"
substitute ", or (as the case may be)
the threat of contamination, resulted from
anything done or omitted to be done by the
owner as mentioned in section 4(3) of this
Act."
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10. In
section 13 (jurisdiction of United Kingdom
courts, etc.), for subsection (2)
substitute—
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"(2) Where—
(a) any
oil is discharged or escapes from a
ship but does not result in any
damage caused by contamination in
the area of the United Kingdom and
no measures are reasonably taken to
prevent or minimise such damage in
that area, or
(b) any
relevant threat of contamination
arises but no measures are
reasonably taken to prevent or
minimise damage caused by
contamination in the area of the
United Kingdom resulting from a
discharge or escape of oil from the
ship,
no court in the
United Kingdom shall entertain any
action (whether in rem or in personam)
to enforce a claim arising from any
relevant damage or cost—
(i) against the owner of
the ship, or
(ii) against any person to
whom section 3(1)(ii) of this Act
applies, unless any such damage or
cost resulted from anything done or
omitted to be done as mentioned in
that provision.
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(2A) In
subsection (2) of this section
"relevant damage or cost"
means—
(a) in
relation to any such discharge or
escape as is mentioned in paragraph
(a) of that subsection, any damage
caused in the area of another
Convention country by contamination
resulting from the discharge or
escape, or any cost incurred in
taking measures to prevent or
minimise such damage in the area of
another Convention country;
(b) in
relation to any such threat of
contamination as is mentioned in
paragraph (b) of that subsection,
any cost incurred in taking measures
to prevent or minimise damage caused
by contamination in the area of
another Convention country resulting
from a discharge or escape of oil
from the ship; or
(c) any
damage caused by any measures taken
as mentioned in paragraph (a) or (b)
above;
and section
3(2)(e) of this Act shall have effect
for the purposes of subsection (2)(ii)
of this section as if it referred to
any person taking any such measures as
are mentioned in paragraph (a) or (b)
above." |
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11. In
section 14(2) (Government ships), for the
words from "Article V" onwards
substitute "Article V of the
Convention". |
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12. In
section 15 (liability for cost of preventive
measures where section 1 does not apply)—
(a) for
subsection (1)(a) substitute—
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" (a) after
a discharge or escape of oil from a
ship, measures are reasonably taken
for the purpose of preventing or
minimising damage in the area of the
United Kingdom which may be caused
outside the ship by contamination
resulting from the discharge or
escape; and" |
; and
(b) after
subsection (1) insert—
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"(1A) Where—
(a) after
there has arisen a grave and
imminent threat of damage being
caused outside a ship by
contamination resulting from a
discharge or escape of oil from
the ship, measures are reasonably
taken for the purpose of
preventing or minimising any such
damage in the area of the United
Kingdom, but
(b) section
1(2) of this Act does not apply,
the owner of
the ship shall be liable for the
cost of the measures, whether or not
the person taking them does so for
the protection of his interests or
in the performance of a duty. |
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(1B) Where
a person is, by virtue of subsection
(1) or (1A) of this section, liable
for the cost of any measures, he
shall also be liable for any damage
caused in the area of the United
Kingdom by those measures." |
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13. In
section 19(1) (meaning of "the
Convention" etc.), for the definition of
"the Convention" substitute—
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""the
Convention" means the
International Convention on Civil
Liability for Oil Pollution Damage
1984;" |
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14. For
section 20 substitute—
"General
interpretation.
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20. — (1) In
this Act—
"the
court" means the High Court in
England and Wales, the Court of
Session, or the High Court in
Northern Ireland;
"oil"
means persistent hydrocarbon mineral
oil;
"owner"
means the person or persons
registered as the owner of the ship
or, in the absence of registration,
the person or persons owning the
ship, except that, in relation to a
ship owned by a State which is
operated by a person registered as
the ship's operator, it means the
person registered as its operator;
"relevant
threat of contamination" shall
be construed in accordance with
section 1(2) of this Act;
"ship"
means any sea-going vessel or
sea-borne craft of any type
whatsoever.
(2) In
relation to any damage or cost
resulting from the discharge or escape
of any oil from a ship, or from a
relevant threat of contamination,
references in this Act to the owner of
the ship are references to the owner
at the time of the occurrence or first
of the occurrences resulting in the
discharge or escape or (as the case
may be) in the threat of
contamination.
(3) References
in this Act to the area of any country
include the territorial sea of that
country and—
(a) in
the case of the United Kingdom, any
area within the British fishery
limits set by or under the [1976
c. 86.] Fishery Limits Act
1976; and
(b) in
the case of any other Convention
country, the exclusive economic zone
of that country established in
accordance with international law,
or, if such a zone has not been
established, such area adjacent to
the territorial sea of that country
and extending not more than 200
nautical miles from the baselines
from which the breadth of that sea
is measured as may have been
determined by the Convention State
in question in accordance with
international law.
" |
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Part II |
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Amendments of the
Merchant Shipping Act 1974 |
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15. For
section 1 substitute—
"Interpretation
of Part I.
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1. — (1) In
this Part of this Act—
(a) "the
Liability Convention" means
the International Convention on
Civil Liability for Oil
Pollution Damage 1984;
(b) "the
Fund Convention" means the
International Convention on the
Establishment of an
International Fund for
Compensation for Oil Pollution
Damage 1984;
(c) "the
Fund" means the
International Fund established
by the Fund Convention; and
(d) "Fund
Convention country" means a
country in respect of which the
Fund Convention is in force.
(2) If
Her Majesty by Order in Council
declares that any State specified
in the Order is a party to the
Fund Convention in respect of any
country so specified, the Order
shall, while in force, be
conclusive evidence that that
State is a party to the Convention
in respect of that country.
(3) In
this Part of this Act, unless the
context otherwise requires—
"the
[1971 c. 59.] Act of
1971" means the Merchant
Shipping (Oil Pollution) Act
1971;
"discharge
or escape", in relation to
pollution damage, means the
discharge or escape of oil from
the ship;
"guarantor"
means any person providing
insurance or other financial
security to cover the owner's
liability of the kind described
in section 10 of the Act of
1971;
"incident"
means any occurrence, or series
of occurrences having the same
origin, resulting in a discharge
or escape of oil from a ship or
in a relevant threat of
contamination;
"oil",
except in sections 2 and 3,
means persistent hydrocarbon
mineral oil;
"owner"
means the person or persons
registered as the owner of the
ship or, in the absence of
registration, the person or
persons owning the ship, except
that, in relation to a ship
owned by a State which is
operated by a person registered
as the ship's operator, it means
the person registered as its
operator;
"pollution
damage" means (subject to
subsection (4) below)—
(a) damage
caused outside a ship by
contamination resulting from a
discharge or escape of oil from
the ship,
(b) the
cost of preventive measures, and
(c) further
damage caused by preventive
measures;
"preventive
measures" means any
reasonable measures taken by any
person to prevent or minimise
pollution damage, being measures
taken—
(a) after
an incident has occurred, or
(b) in
the case of an incident
consisting of a series of
occurrences, after the first of
those occurrences;
"relevant
threat of contamination"
means a grave and imminent
threat of damage being caused
outside a ship by contamination
resulting from a discharge or
escape of oil from the ship;
"ship"
means any ship (within the
meaning of the Act of 1971) to
which section 1 of that Act
applies.
(4) In
this Part of this Act
"pollution damage" does
not include any damage
attributable to any impairment of
the environment except to the
extent that any such damage
consists of—
(a) any
loss of profits, or
(b) the
cost of any reasonable measures
of reinstatement actually taken
or to be taken.
(5) For
the purposes of this Part of this
Act—
(a) references
to a discharge or escape of oil
from a ship are references to
such a discharge or escape
wherever it may occur, and
whether it is of oil carried in
a cargo tank or of oil carried
in a bunker fuel tank; and
(b) where
more than one discharge or
escape results from the same
occurrence or from a series of
occurrences having the same
origin, they shall be treated as
one.
(6) References
in this Part of this Act to the
area of any country include (in
addition to its territorial
sea)—
(a) in
the case of the United Kingdom,
any area within the British
fishery limits set by or under
the [1976 c. 86.]
Fishery Limits Act 1976; and
(b) in
the case of any other Fund
Convention country, the
exclusive economic zone of that
country established in
accordance with international
law, or, if such a zone has not
been established, such area
adjacent to the territorial sea
of that country and extending
not more than 200 nautical miles
from the baselines from which
the breadth of that sea is
measured as may have been
determined by the State in
question in accordance with
international law;
and
references to pollution damage in
the United Kingdom shall be
construed accordingly.
" |
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16. In
section 2 (contributions by importers of
oil and others), in subsection (7), for
paragraph (a) substitute—
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" (a) be
of such amount as may be
determined by the Director of the
Fund under Article 12 of the Fund
Convention and notified to that
person by the Fund;" |
. |
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17.—(1) Section
4 (liability of the Fund) shall be amended
as follows.
(2) In
subsection (1)—
(a) for
"causing the damage"
substitute ", or the relevant
threat of contamination, by reason of
which the damage was caused" and
(b) for
"left undone" substitute
"omitted to be done".
(3) For
subsections (8) and (9) substitute—
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"(8) If
the Fund proves that the pollution
damage resulted wholly or
partly—
(a) from
anything done or omitted to be
done with intent to cause damage
by the person who suffered the
damage, or
(b) from
the negligence of that person,
the Fund may
(subject to subsection (9A) below)
be exonerated wholly or partly
from its obligation to pay
compensation to that person. |
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(9) Where
the liability under section 1 of
the Act of 1971 in respect of the
pollution damage is limited to any
extent by subsection (8) of that
section (contributory negligence),
the Fund shall (subject to
subsection (9A) below) be
exonerated to the same extent. |
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(9A) Subsections
(8) and (9) above shall not apply
where the pollution damage
consists of the cost of preventive
measures or any damage caused by
such measures." |
(4) Omit
subsections (10) to (13).
(5) After
section 4 insert—
"Limitation of
Fund's liability under s. 4.
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4A. — (1) The
Fund's liability under section 4
of this Act shall be subject to
the limits imposed by paragraphs 4
and 5 of Article 4 of the Fund
Convention (which impose an
overall limit on the liabilities
of the Fund and the text of which
is set out in Schedule 1 to this
Act); and in those provisions
references to the 1984 Liability
Convention are references to the
Liability Convention within the
meaning of this Part of this Act.
(2) A
certificate given by the Director
of the Fund stating that
sub-paragraph (c) of paragraph 4
of Article 4 of the Fund
Convention is applicable to any
claim under section 4 of this Act
shall be conclusive evidence for
the purposes of this Part of this
Act that it is so applicable.
(3) For
the purpose of giving effect to
paragraphs 4 and 5 of Article 4 of
the Fund Convention a court giving
judgment against the Fund in
proceedings under section 4 of
this Act shall notify the Fund,
and—
(a) no
steps shall be taken to enforce
the judgment unless and until
the court gives leave to enforce
it,
(b) that
leave shall not be given unless
and until the Fund notifies the
court either that the amount of
the claim is not to be reduced
under those paragraphs, or that
it is to be reduced to a
specified amount, and
(c) in
the latter case the judgment
shall be enforceable only for
the reduced amount.
(4) Any
steps taken to obtain payment of
an amount or a reduced amount in
pursuance of such a judgment as is
mentioned in subsection (3) above
shall be steps to obtain payment
in sterling; and—
(a) for
the purpose of converting such
an amount from special drawing
rights into sterling one special
drawing right shall be treated
as equal to such a sum in
sterling as the International
Monetary Fund have fixed as
being the equivalent of one
special drawing right for—
(i) the relevant day,
namely the day on which the
Assembly of the Fund decide the
date for the first payment of
compensation in respect of the
incident, or
(ii) if no sum has
been so fixed for the relevant
day, the last day before that
day for which a sum has been so
fixed; and
(b) a
certificate given by or on
behalf of the Treasury
stating—
(i) that a particular
sum in sterling has been so
fixed for the relevant day, or
(ii) that no sum has
been so fixed for the relevant
day and that a particular sum in
sterling has been so fixed for a
day which is the last day for
which a sum has been so fixed
before the relevant day,
shall be conclusive evidence of
those matters for the purposes
of this Part of this Act.
(5) The
Secretary of State may by order
made by statutory instrument make
such amendments of this section
and of Schedule 1 to this Act as
appear to him to be appropriate
for the purpose of giving effect
to the entry into force of any
amendment of the provisions set
out in that Schedule.
(6) Any
document purporting to be such a
certificate as is mentioned in
subsection (2) or (4)(b) above
shall, in any legal proceedings,
be received in evidence and,
unless the contrary is proved, be
deemed to be such a certificate.
" |
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18. Omit
section 5 (indemnification of shipowners). |
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19. In
section 6 (jurisdiction and effect of
judgments)—
(a) in
subsection (4), omit "or 5"
and
(b) in
subsection (5)(a), omit "as
amended".
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20. In
section 7 (extinguishment of claims)—
(a) in
subsection (2), after "escape"
insert ", or (as the case may be)
in the relevant threat of
contamination," and
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21. In
section 8 (subrogation and rights of
recourse)—
(a) omit
subsection (2); and
(b) for
subsection (3) substitute—
| |
"(3) In
respect of any sum paid under
section 4(1)(a) or (c) of this
Act (exclusion or limitation of
liability for pollution damage)
the Fund shall acquire by
subrogation any rights of
recourse in respect of the
damage in question which the
recipient has against any person
other than the owner or
guarantor." |
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22. After
section 8 insert—
"Supplementary
provisions as to proceedings
involving the Fund.
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8A. — (1) Any
proceedings by or against the Fund
may either be instituted by or
against the Fund in its own name
or be instituted by or against the
Director of the Fund as the Fund's
representative.
(2) Evidence
of any instrument issued by any
organ of the Fund or of any
document in the custody of the
Fund, or any entry in or extract
from such a document, may be given
in any legal proceedings by
production of a copy certified as
a true copy by an official of the
Fund; and any document purporting
to be such a copy shall, in any
such proceedings, be received in
evidence without proof of the
official position or handwriting
of the person signing the
certificate.
" |
|
|
23. In
section 23(2) (construction etc.), omit
the words from ", and
references" onwards. |
|
24. For
Schedule 1 substitute—
| |
" |
| |
Overall
Limit on Liability of Fund |
| |
Article 4 — paragraphs 4 and
5 |
|
4.
(a) Except
as otherwise provided in
sub-paragraphs (b) and (c) of
this paragraph, the aggregate
amount of compensation payable
by the Fund under this Article
shall in respect of any one
incident be limited, so that the
total sum of that amount and the
amount of compensation actually
paid under the 1984 Liability
Convention for pollution damage
within the scope of application
of this Convention as defined in
Article 3 shall not exceed 135
million units of account.
(b) Except
as otherwise provided in
sub-paragraph (c), the aggregate
amount of compensation payable
by the Fund under this Article
for pollution damage resulting
from a natural phenomenon of an
exceptional, inevitable and
irresistible character shall not
exceed 135 million units of
account.
(c) The
maximum amount of compensation
referred to in sub-paragraphs
(a) and (b) shall be 200 million
units of account with respect to
any incident occurring during
any period when there are three
Parties to this Convention in
respect of which the combined
relevant quantity of
contributing oil received by
persons in the territories of
such Parties, during the
preceding calendar year,
equalled or exceeded 600 million
tons.
(d) Interest
accrued on a fund constituted in
accordance with Article V,
paragraph 3, of the 1984
Liability Convention, if any,
shall not be taken into account
for the computation of the
maximum compensation payable by
the Fund under this Article.
(e) The
amounts mentioned in this
Article shall be converted into
national currency on the basis
of the value of that currency by
reference to the Special Drawing
Right on the date of the
decision of the Assembly of the
Fund as to the first date of
payment of compensation.
|
|
5. Where
the amount of established claims
against the Fund exceeds the
aggregate amount of compensation
payable under paragraph 4, the
amount available shall be
distributed in such a manner that
the proportion between any
established claim and the amount
of compensation actually recovered
by the claimant under this
Convention shall be the same for
all claimants." |
|
| SCHEDULE
5 |
| Section
48. |
|
| |
Miscellaneous
Amendments of Merchant Shipping Acts |
| |
Merchant Shipping
Law Amendment Act 1853 (c. 131) |
| |
Omit section 13
(power to commute pensions and grant
superannuation allowances). |
| |
Merchant Shipping
Act 1894 (c. 60) |
|
1. Omit
section 463 (survey of ship alleged to be
unseaworthy in proceedings for desertion
of seaman). |
|
2. In
section 531 (power of lighthouse authority
to remove wreck), for subsection (2)
substitute—
| |
"(2) Where
a general lighthouse authority
have incurred expenses in the
exercise of their powers under
this section in relation to any
vessel, then—
(a) if
the proceeds of any sale made
under section 530 of this Act in
connection with the exercise of
those powers in relation to the
vessel are insufficient to
reimburse the authority for the
full amount of those expenses,
the authority may recover the
amount of the deficiency from
the relevant person, or
(b) if
there is no such sale, the
authority may recover the full
amount of those expenses from
the relevant person.
|
| |
(3) Any
expenses so incurred which are not
recovered by the authority either
out of the proceeds of any such
sale or in accordance with
subsection (2) of this section
shall be paid out of the General
Lighthouse Fund, but section 660
of this Act shall apply to those
expenses as if they were expenses
of the authority falling within
subsection (1) of that section
other than establishment expenses. |
| |
(4) In
this section "the relevant
person" , in relation to any
vessel, means the owner of the
vessel at the time of the sinking,
stranding or abandonment of the
vessel." |
|
|
3. At
the end of section 546 (salvage of cargo
or wreck) add—
| |
"(2) In
this section "tidal
water" means—
(a) any
waters within the ebb and flow
of the tide at ordinary spring
tides; or
(b) the
waters of any dock which is
directly, or (by means of one or
more other docks) indirectly,
connected with any such waters.
" |
;
and the existing provisions of section 546
shall accordingly constitute subsection
(1) of that section.
|
|
4. In
section 634(1)(a) (management of
lighthouses etc.), omit "and at
Gibraltar". |
|
5. In
section 648 (application and collection of
light dues)—
(a) omit
subsection (1); and
(b) in
subsection (2), after "so
appointed" insert "or (as the
case may be) such of those dues as he is
so appointed to collect".
|
|
6. In
section 652(4) (inspection of local
lighthouses), omit the words from"
and those reports" onwards. |
|
7. For
section 658 substitute—
"Expenses of
general lighthouse authorities to
be paid out of General Lighthouse
Fund.
|
658. Any
expenses incurred by the general
lighthouse authorities in
connection with the discharge of
their functions under this Part of
this Act shall be paid out of the
General Lighthouse Fund." |
|
|
8. In
section 659 (establishments of general
lighthouse authorities)—
(a) in
subsection (1), for "Her Majesty
may by Order in Council fix"
substitute "the Secretary of State
may determine"
(b) in
subsection (2), for "Her Majesty
may by Order in Council fix"
substitute "the Secretary of State
may determine" and
(c) in
subsection (3), for "fixed"
substitute "determined".
|
|
9. In
section 676 (sums payable to Mercantile
Marine Fund)—
(a) in
subsection (1)—
(i) for
the words from the beginning to
"that fund—" substitute
"The following sums (being sums
which, in accordance with this
subsection as originally enacted, were
required to be paid to the former
Mercantile Marine Fund) shall be paid
into the Consolidated Fund—",
(ii) omit
paragraph (i), and
(iii) for
paragraph (l) substitute—
| |
" (l) any
other sums which are by virtue
of any enactment (as it has
effect in accordance with
subsection (1A) of this
section) required to be paid
into the Consolidated Fund in
accordance with this
section." |
; and
(b) after
subsection (1) insert—
| |
"(1A) References
(however phrased) in any
enactment not contained in this
section to the payment of sums
into, or to the carrying of sums
to the account of, the
Mercantile Marine Fund shall be
construed as references to the
payment of sums into, or to the
carrying of sums to the account
of, the Consolidated Fund in
accordance with this section,
and connected phrases shall be
construed accordingly." |
|
|
10. In
section 677 (application of Mercantile
Marine Fund)—
(a) for
the words from the beginning to
"the following expenses"
substitute "The following expenses
and other amounts (being expenses and
amounts which, in accordance with this
section as originally enacted, were
payable out of the former Mercantile
Marine Fund) shall be payable out of
money provided by Parliament"
(c) for
paragraph (o) substitute—
| |
" (o) any
other amounts which are by
virtue of any enactment (as it
has effect in accordance with
subsection (2) of this section)
payable out of money provided by
Parliament in accordance with
this section." |
; and
(d) at
the end add—
| |
"(2) References
(however phrased) in any
enactment not contained in this
section or in Part XI of this
Act to the charging of amounts
on, or to the payment of amounts
out of, the Mercantile Marine
Fund shall be construed as
references to the payment of
amounts out of money provided by
Parliament in accordance with
this section, and connected
phrases shall be construed
accordingly." |
;
and accordingly the
existing provisions of section 677, as
amended by sub-paragraphs (a) to (c)
above, shall constitute subsection (1) of
that section. |
|
11. In
section 731 (exemption from rates)—
(a) for
"Mercantile Marine Fund"
substitute "General Lighthouse
Fund" and
(b) omit
"or by the Board of Trade" and
"or of the Board of Trade".
|
|
12. Omit
section 744 (application of Act to vessels
fishing for whales, etc.).
Merchant Shipping
(Mercantile Marine Fund) Act 1898 (c. 44)
For section 1
substitute—
"Constitution
of General Lighthouse Fund.
|
1. — (1) There
shall continue to be a fund called
the General Lighthouse Fund.
(2) All
light dues and other sums received
by or accruing to any of the
general lighthouse authorities by
virtue of, or in connection with
the discharge of their functions
under, Part XI of the [1894 c. 60.]
Merchant Shipping Act 1894 shall
be accounted for and paid to the
General Lighthouse Fund.
(3) The
General Lighthouse Fund shall be
applied to the payment of such
expenses of the general lighthouse
authorities and the Secretary of
State as are, by virtue of any
enactment, payable out of the
Fund.
(4) References
to the Mercantile Marine Fund in
Part XI and section 679 of the
Merchant Shipping Act 1894 shall
be construed as references to the
General Lighthouse Fund.
" |
Merchant Shipping
Act 1906 (c. 48)
Omit section 52
(provisions with respect to mortgages of
ships sold to foreigners).
Merchant Shipping
Act 1970 (c. 36)
|
|
1. Omit
section 23 (power of seamen to complain to
master or proper officer about master,
other seamen or conditions). |
|
2. In
section 30 (continued or concerted
disobedience, neglect of duty etc. by
seamen), omit paragraphs (a) and (b). |
|
3. In
section 42 (trade disputes involving
seamen), omit subsection (2). |
|
4. In
section 56 (formal investigation into
shipping casualty or incident), for
subsections (5) and (6) substitute—
| |
"(5) The
wreck commissioner or sheriff may
make such awards as he thinks just
with regard to the costs of the
investigation and of any parties
at the investigation, and with
regard to the parties by whom
those costs 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. |
| |
(6) Any
costs 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.
|
| |
(6A) The
wreck commissioner or sheriff
shall make a report on the
investigation to the Secretary of
State." |
|
|
5. Omit
sections 65 and 66 (custody and disposal
of property of deceased seamen). |
|
6. After
section 75 insert—
"Inspection
and admissibility in evidence of
copies of certain documents.
|
75A. — (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 the
document to be admissible in
evidence or open to public
inspection, and
(b) in
the case of a document falling
within subsection (1), 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 695(2) of the [1894
c. 60.] Merchant Shipping
Act 1894 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.
" |
|
|
7. Omit
section 89 (return of deserters under
reciprocal arrangements). |
|
8. In
section 92 (unregistered British ships)—
(b) after
"employed in them," insert
"or shall so extend in such
circumstances as may be so specified, in
either case".
|
|
9. In
section 96 (non-sea-going ships)—
(a) in
subsection (1)—
(i) after
"20," insert "27, 32
(in its application in relation to
section 27),", and
(ii) after
"60," insert "76,"
and
(b) for
subsection (2) substitute—
| |
"(2) In
relation to ships which are not
sea-going ships—
(a) section
32 of this Act shall (in its
application in relation to
section 27) have effect as if
the words "goes to sea in
a ship" were omitted and
the words "is on board a
ship while it is on a voyage
or excursion" were
inserted after "to give
it" and
(b) section
45 of this Act shall have
effect as if for the words
"goes to sea or attempts
to go to sea" there were
substituted the words
"goes on a voyage or
excursion or attempts to do
so" and the words
"if in the United
Kingdom" were omitted.
" |
Merchant
Shipping (Oil Pollution) Act 1971 (c. 59)
In section
10(6) (compulsory insurance against
liability for pollution), for "£35,000"
substitute "£50,000".
Merchant
Shipping Act 1979 (c. 39)
|
|
1. In
section 46(1) (offences by officers of
bodies corporate), for the words from
"such an" to "of this
Act" substitute
| |
"an
offence under— |
| |
(a) section
23(6) or 28(1) of this Act, or |
| |
(b) any
Order in Council made by virtue of
section 20(1) of this Act, or |
| |
(c) any
regulations made by virtue of
section 20(4) or 21(1) of this
Act," |
. |
|
2. In
section 49 (orders and regulations), as
amended by section 11(3) of the [1986
c. 23.] Safety at Sea Act 1986—
(a) in
subsection (4A), at the beginning insert
"Except where subsection (4B) of
this section applies," and
(b) after
that subsection insert—
| |
"(4B) Regulations
falling within paragraphs (a) to
(c) of subsection (4A) of this
section, if contained in the
same instrument as any
regulations requiring to be
approved in draft by virtue of
that subsection, shall also
require to be so approved." |
Merchant
Shipping Act 1983 (c. 13)
Omit sections 1
to 3 (measurement of small ships for
length instead of tonnage).
Merchant
Shipping Act 1984 (c. 5)
|
|
In
section 2 (prohibition notices)—
(a) in
subsection (1) (notices in respect of
activities which are, or are about to
be, carried on and involve a risk of
serious personal injury or pollution),
for "about", in both places
where it occurs, substitute
"likely" and
(b) for
subsection (4) (notices to have
immediate effect only if the risk is
imminent) substitute—
| |
"(4) A
direction contained in a
prohibition notice in pursuance
of subsection (3)(d) shall take
effect—
(a) at
the end of a period specified
in the notice, or
(b) if
the direction is given in
pursuance of subsection (3)(d)(ii)
or the notice so declares,
immediately.
|
|
| SCHEDULE
6 |
| Section
57(4). |
|
| |
Minor
and Consequential Amendments |
| |
Sea Fisheries Act 1868
(c. 45) |
| |
For section 26
substitute—
"Registered
fishing boats and foreign fishing
boats within British waters to
have official papers.
|
26. — (1) The
master of every sea-fishing boat
which is registered under Part II
of the Merchant Shipping Act 1988
shall (whether his boat is within
British waters or not) have on
board the certificate of
registration issued in pursuance
of that Part of that Act.
(2) The
master of every foreign
sea-fishing boat within British
waters shall have on board
official papers evidencing its
nationality.
(3) If
any person, without reasonable
excuse (the proof of which lies on
him), contravenes subsection (1)
or (2) of this section, he shall
be liable on summary conviction to
a fine not exceeding the second
level on the standard scale; and
where a fine is imposed under this
subsection on the master of a
foreign sea-fishing boat the court
may order the boat to be detained
for a period not exceeding three
months from the date of the
conviction or until the fine is
paid (whichever period is the
shorter).
(4) Section
8(4) of the [1968 c. 77.]
Sea Fisheries Act 1968 (power of
British sea-fishery officer to
take fishing boat to nearest port
and detain it there) shall apply
in relation to a contravention of
subsection (1) or (2) of this
section as it applies in relation
to such a contravention as is
mentioned in that provision.
(5) In
this section—
"British
waters" means waters within
the seaward limits of the
territorial sea adjacent to the
United Kingdom, the Channel
Islands and the Isle of Man;
"foreign
sea-fishing boat" means a
sea-fishing boat which—
(a) is
not registered in the United
Kingdom, the Channel Islands or
the Isle of Man, and
(b) is
not excluded from registration
by regulations under section 13
of the Merchant Shipping Act
1988, and
(c) is
not wholly owned by persons
qualified to be owners of
British ships for the purposes
of Part I of the [1894 c. 60.]
Merchant Shipping Act 1894;
"master"
includes, in relation to any
sea-fishing boat, a person for
the time being in command or
charge of the boat.
" |
|
| |
Merchant Shipping
Act 1894 (c. 60) |
|
1. In
section 459 (power to detain unsafe ships,
and procedure for detention)—
(a) in
subsection (1), for the words from
"the defective condition" to
"improper loading" substitute
"any of the matters mentioned in
subsection (1A) of this section"
(b) after
that subsection insert—
| |
"(1A) The
matters referred to in
subsection (1) of this section
are—
(a) the
condition, or the
unsuitability for its purpose,
of—
(i) the ship or its
machinery or equipment, or
(ii) any part of
the ship or its machinery or
equipment;
(c) overloading
or unsafe or improper loading;
(d) any
other matter relevant to the
safety of the ship;
and the
reference in that subsection to
proceeding to sea shall, in a
case where the service for which
the ship is intended consists of
going on voyages or excursions
that do not involve going to
sea, be construed as a reference
to going on such a voyage or
excursion." |
; and
(c) in
subsection (5), for "British
register being subsequently closed"
substitute "subsequently ceasing to
be a British ship".
|
|
2. In
section 462 (application to foreign ships
of provisions as to detention), for the
words from "by reason of" (where
first occurring) to "the
provisions" substitute "by
reason of any of the matters mentioned in
section 459(1A) of this Act, the
provisions". |
|
3. In
section 692 (enforcing detention of ship),
at the end add—
| |
"(5) 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." |
Merchant Shipping
Act 1906 (c. 48)
Omit section 51
(power of Commissioners of Customs and
Excise to inquire into the title of a
registered ship to be registered).
Merchant Shipping
(Amendment) Act 1920 (c. 2)
|
|
In
section 1 (amendment of s.659 of the 1894
Act)—
(a) for
the words from "His Majesty"
to "fix" substitute "the
Secretary of State under section 659 of
the [1894 c. 60.] Merchant
Shipping Act 1894 to determine" and
(b) for
"fixing" and "fixed"
substitute "determining" and
"determined" respectively.
Contracts of
Employment and Redundancy Payments Act
(Northern Ireland ) 1965 (c. 19)
In section
6(1)(c) (excluded categories of
employees), for the words from
"required" to "Act"
substitute "registered under Part
II of the Merchant Shipping Act
1988".
Merchant
Shipping Act 1965 (c. 47)
In section 1(4)
(tonnage regulations), for the words
from "section 83" to "the
Exchequer" substitute
"sections 83 and 676 of the
principal Act as require the payment of
fees into the Consolidated Fund".
Sea Fish
(Conservation) Act 1967 (c. 84)
In section 1(9)
(size limits, etc. for fish), for the
words from "exempted" to
"that Act)" substitute
"excluded from registration by
regulations under section 13 of the
Merchant Shipping Act 1988 or owned
wholly by a person who is (within the
meaning of Part I of the Merchant
Shipping Act 1894)".
Sea Fisheries
Act 1968 (c. 77)
In section
19(1) (interpretation), in the
definition of "British fishing
boat", for the words from
"exempted from" to
"1894" (where first occurring)
substitute "excluded from
registration by regulations under
section 13 of the Merchant Shipping Act
1988", and for "so
exempted" substitute "so
excluded".
Fishing Vessels
(Safety Provisions) Act 1970 (c. 27)
|
|
In
section 9(1) (interpretation), for the
definition of "fishing vessel"
substitute—
| |
""fishing
vessel" means a fishing
vessel within the meaning of Part
II of the Merchant Shipping Act
1988;" |
.
Merchant Shipping
Act 1970 (c. 36)
|
|
1. In
section 33 (defence of drug taken for
medical purposes), after "27"
insert "(2)". |
|
2. In
section 56 (formal investigation into
shipping casualty)—
(a) for
subsection (1) substitute—
| |
"(1) Where
any accident has occurred, the
Secretary of State may (whether
or not an investigation into it
has been carried out under
section 33 of the Merchant
Shipping Act 1988) cause a
formal investigation into the
accident to be held—
(a) if
in England, Wales or Northern
Ireland, by a wreck
commissioner, and
(b) if
in Scotland, by the sheriff;
and in
this section
"accident" means any
accident to which regulations
under that section apply or any
incident or situation to which
any such regulations apply by
virtue of subsection (5) of that
section. |
| |
(1A) A
wreck commissioner or sheriff
holding a formal investigation
shall conduct it in accordance
with rules under section 58(1)
of this Act; and those rules
shall require the assistance of
one or more assessors and, if
any question as to the
cancellation or suspension of an
officer's certificate is likely,
the assistance of not less than
two assessors." |
; and
(b) in
subsection (4), for "casualty"
substitute "accident".
|
|
3. In
section 58(1) (rules as to inquiries
etc.), for "55" substitute
"56". |
|
4. In
section 67 (application of sections 62 to
66 to masters), for "66"
substitute "64". |
|
5. In
section 95 (fishing vessels)—
(a) in
subsection (1), for "sections 6 and
30(a) and (b)" substitute
"section 6" and
(b) for
subsection (6) substitute—
| |
"(6) In
this Act "fishing
vessel" means a fishing
vessel within the meaning of
Part II of the Merchant Shipping
Act 1988." |
Fishery Limits
Act 1976 (c. 86)
In section 8
(interpretation), in the definition of
"foreign fishing boat", for
paragraphs (b) and (c) substitute—
| |
" (b) excluded
from registration by regulations
under section 13 of the Merchant
Shipping Act 1988; or |
| |
(c) owned
wholly by one or more qualified
persons or companies within the
meaning of section 14 of the
Merchant Shipping Act
1988;" |
.
Employment
Protection (Consolidation) Act 1978
(c. 44)
In section
144(1)(b) (mariners), for the words from
"required to be" to
"1894" substitute
"registered under Part II of the
Merchant Shipping Act 1988".
Customs and
Excise Management Act 1979 (c. 2)
In section
81(7) (power to regulate small craft),
for the words from "fishing
boat" (where first occurring) to
"1894" substitute
"fishing vessel registered under
Part II of the Merchant Shipping Act
1988".
Merchant
Shipping Act 1979 (c. 39)
|
|
1. In
section 20(3)(a) (prevention of pollution
from ships etc.), for "55"
substitute "56". |
|
2. In
section 28(7)(b) (supplementary provisions
about inspectors), for "sections
55(2) and" substitute
"section". |
|
3. In
section 47(2) (power to extend Act to
certain countries, etc.) for "to
44" substitute ", 43". |
|
4. In
paragraph 8 of Part VI of Schedule 6
(miscellaneous penalties on summary
conviction)—
(a) for
", 62(6) and 65(3)" substitute
"and 62(6)" and
(b) for
the words from ", the return"
to "deceased seamen"
substitute "and the return of
seamen left overseas".
Supreme Court
Act 1981 (c. 54)
In section
20(5)(b) (Admiralty jurisdiction of High
Court), after "Fund" insert
", or on the International Oil
Pollution Compensation Fund 1984,".
British Fishing
Boats Act 1983 (c. 8)
In section 9
(interpretation), in the definition of
"British fishing boat", for
the words from "exempted" to
"that Act)" substitute "
excluded from registration by
regulations under section 13 of the
Merchant Shipping Act 1988 or owned
wholly by a person who is (within the
meaning of Part I of the [1894 c. 60.]
Merchant Shipping Act 1894)".
Merchant
Shipping Act 1983 (c. 13)
|
|
1. In
section 5 (registration of small ships)—
(a) in
subsection (5), omit "book"
and
(b) in
subsection (9), for the definition of
"fishing vessel" substitute—
| |
""fishing
vessel" means a fishing
vessel within the meaning of
Part II of the Merchant Shipping
Act 1988." |
|
|
2. In
section 9(1) (small ships: amendments of
Merchant Shipping Acts), omit "any
registered ship measured for length
or".
Merchant Shipping
Act 1984 (c. 5)
At the end of
Schedule 1 (statutory provisions which are
relevant for the purpose of serving
notices in connection with safety and
other matters), insert—
| |
"
| |
| 1988
c. 12. |
The
Merchant Shipping Act
1988. |
Section
35. |
" |
Inshore Fishing
(Scotland) Act 1984 (c. 26)
In section 9(1)
(interpretation), in the definition of
"British fishing boat", for the
words from "exempted" to
"that Act)" substitute
"excluded from registration by
regulations under section 13 of the
Merchant Shipping Act 1988 or owned wholly
by a person who is (within the meaning of
Part I of the Merchant Shipping Act
1894),".
Safety at Sea Act
1986 (c. 23)
In section 13(1)
(interpretation), for the definition of
"fishing vessel" substitute—
| |
""fishing
vessel" means a fishing
vessel within the meaning of Part
II of the Merchant Shipping Act
1988;" |
|
| SCHEDULE
7 |
| Section
57 (5). |
|
| |
Repeals |
| |
| Chapter |
Short
title |
Extent of
repeal |
| |
| 1853 c. 131. |
Merchant
Shipping Law Amendment Act 1853. |
Section
13. |
| 1886 c. 53. |
Sea
Fishing Boats (Scotland) Act 1886. |
The whole
Act. |
| 1894 c. 60. |
Merchant
Shipping Act 1894. |
Sections 1
to 3. |
| |
|
Section
4(2). |
| |
|
In section
6, the word "British". |
| |
|
In section
7, in subsection (1) the word
"British", and
subsection (2). |
| |
|
Section
9(iii). |
| |
|
In section
11, the word "book". |
| |
|
In section
13, the word "British". |
| |
|
Section
19. |
| |
|
In section
23, the words "or to the
governor of a British
possession" and "or the
governor". |
| |
|
In section
26, the word "book",
wherever occurring. |
| |
|
In section
27, subsection (1)(b), and in
subsection (2) the word
"book". |
| |
|
In
sections 32 and 33, the word
"book", wherever
occurring. |
| |
|
In section
38, in subsection (1) the word
"marriage,", and in
subsection (2) the word
"book". |
| |
|
Sections
39 to 46. |
| |
|
In
sections 47(4) and (5) and 48(1),
the word "book",
wherever occurring. |
| |
|
Sections
54 and 55. |
| |
|
In
sections 56 and 57, the word
"book", wherever
occurring. |
| |
|
Section
61(1). |
| |
|
In section
62, the words ", if taken in
any part of the United
Kingdom,", and the words from
"if taken in a British
possession" onwards. |
| 1894 c. 60.—cont. |
Merchant
Shipping Act 1894.—cont. |
In section
63, in subsection (1) the words
"in the United Kingdom"
and the words from "and
every" to "Seamen",
and in subsection (2) the words
"at a port in the United
Kingdom". |
| |
|
In section
64(2), paragraph (a), and in
paragraph (d) the words "in
respect of a British ship". |
| |
|
In section
65, in subsection (1) the words
from ", and also" to
"schedule", in
subsections (2) and (4) the word
"book", wherever
occurring, and subsection (3). |
| |
|
Section
71. |
| |
|
In section
73, in subsection (1) the words
"or boats" and "or
boat", in subsection (2) the
words "or boat" (where
last occurring), and in subsection
(3) the words "or boat". |
| |
|
In section
76(1), the words from "and
elsewhere" to
"dominions". |
| |
|
Section
85. |
| |
|
Sections
88 to 91. |
| |
|
Sections
370 and 372 to 374. |
| |
|
Section
463. |
| |
|
In section
634(1)(a), the words "and at
Gibraltar,". |
| |
|
Section
648(1). |
| |
|
In section
652(4), the words from " and
those reports" onwards. |
| |
|
Section
663. |
| |
|
In section
676(1), paragraph (i). |
| |
|
In section
677, paragraph (i). |
| |
|
Section
695(2)(a). |
| |
|
Section
728(a). |
| |
|
In section
731, the words "or by the
Board of Trade" and "or
of the Board of Trade". |
| |
|
Section
744. |
| |
|
In
Schedule 1, Part I, and in Part II
the words "Certificate of
mortgage", "Certificate
of sale" and "Revocation
of certificate of sale or
mortgage". |
| 1897 c. 59. |
Merchant
Shipping Act 1897. |
In section
1, in subsection (1) the words
from "as if" (where
first occurring) to
""machinery",
and", and subsection (2). |
| 1898 c. 44. |
Merchant
Shipping (Mercantile Marine Fund)
Act 1898. |
Section
2(4). |
| 1906 c. 48. |
Merchant
Shipping Act 1906. |
In section
2, paragraph (1) and the
"(2)" immediately
following it. |
| |
|
Sections
51 and 52. |
| |
|
Section
83. |
| 1923 c. 4. |
Fees
(Increase) Act 1923. |
Section
2(1). |
| 1950 c. 9. |
Merchant
Shipping Act 1950. |
Section 4. |
| 1965 c. 47. |
Merchant
Shipping Act 1965. |
Section
1(2)(c). |
| |
|
In
Schedule 1, the entry relating to
section 85 of the 1894 Act. |
| 1968 c. 13. |
National
Loans Act 1968. |
In
Schedule 4, in paragraph 2, the
words from "Section 663"
onwards. |
| 1968 c. 77. |
Sea
Fisheries Act 1968. |
In
Schedule 1, paragraphs 23, 32 and
33. |
| 1970 c. 36. |
Merchant
Shipping Act 1970. |
Section
23. |
| |
|
In section
30, paragraphs (a) and (b). |
| |
|
In section
32, "30(b)". |
| |
|
Section
42(2). |
| |
|
In
sections 52(3) and 54(2), the
words from "and the
persons" onwards. |
| |
|
Section
55. |
| |
|
Sections
65 and 66. |
| |
|
Section
73. |
| |
|
Section
75(1)(c). |
| |
|
Section
89. |
| |
|
In section
92, the word "British". |
| |
|
In section
95(1), "89". |
| 1971 c. 59. |
Merchant
Shipping (Oil Pollution) Act 1971. |
In section
10, in subsection (1) the word
"persistent", and
subsection (4). |
| |
|
In section
15(1), the word
"persistent". |
| 1974 c. 43. |
Merchant
Shipping Act 1974. |
Section
4(10) to (13). |
| |
|
Section 5. |
| |
|
In section
6, in subsection (4), the words
"or 5," and in
subsection (5)(a) the words
"as amended". |
| |
|
Section
7(3). |
| 1974 c. 43.—cont. |
Merchant
Shipping Act 1974.—cont. |
Section
8(2). |
| |
|
In section
23(2), the words from " , and
references" onwards. |
| 1974 c. 52. |
Trade
Union and Labour Relations Act
1974. |
In
Schedule 3, in paragraph 14 the
words from "in subsection
(2)" to "1974)”
and". |
| 1976 c. 86. |
Fishery
Limits Act 1976. |
Section
2(8)(b). |
| |
|
In
Schedule 2, paragraph 3. |
| 1979 c. 39. |
Merchant
Shipping Act 1979. |
In section
28(7)(a), "463(5),". |
| |
|
Section
31. |
| |
|
Section
32(2) and (3). |
| |
|
In section
37, subsection (4), and in
subsection (6) the word
"British". |
| |
|
In section
38, subsections (1) and (3) and,
in subsection (4), paragraphs (a)
and (b) and (d) to (g). |
| |
|
In section
40, in subsection (1) paragraphs
(a), (c) and (d), and subsection
(2). |
| |
|
Section
44. |
| |
|
Section
45(1). |
| |
|
In
Schedule 6— |
| |
|
(a) in
Part I, the entries relating to
section 373(4) of the 1894 Act and
section 89(4) of the Merchant
Shipping Act 1970, |
| |
|
(b) in
Part II, the entries relating to
section 44(11) of the 1894 Act and
section 23(3) of the Merchant
Shipping Act 1970, |
| |
|
(c) in
Part IV, the entry relating to
section 73(2) of that Act, |
| |
|
(d)in Part
VI, paragraph 1, and |
| |
|
(e)in Part
VII, paragraph 19. |
| 1983 c. 8. |
British
Fishing Boats Act 1983. |
Section
11(2). |
| 1983 c. 13. |
Merchant
Shipping Act 1983. |
Sections 1
to 4. |
| |
|
In section
5(5), the word "book". |
| |
|
Section 6. |
| 1983 c. 13.—cont. |
Merchant
Shipping Act 1983.—cont. |
In section
9(1), the words "any
registered ship measured for
length or". |
| 1984 c. 5. |
Merchant
Shipping Act 1984. |
Section
12(2). |
| 1984 c. 26. |
Inshore
Fishing (Scotland) Act 1984. |
In
Schedule 1, the entry relating to
the 1894 Act. |
|
| SCHEDULE
8 |
| Section
58(4). |
|
| |
Transitional
Provisions and Savings |
|
1. The
amendments and repeals made by this Act do
not—
(a) (unless
an Order in Council under section 56 of
this Act, or under any other enactment,
so provides) extend to any country
outside the United Kingdom; or
(b) affect
any Order in Council providing for the
extension of any enactments to any such
country.
|
|
2.—(1) This
paragraph shall have effect in relation to
any relevant overseas territory to which
the provisions of sections 2 to 7 of this
Act have not been extended by an Order in
Council under section 56.
(2) Where—
(a) by
virtue of section 2(2) of the 1894 Act
(obligation to register British ship) as
in force in any such territory, any ship
is (apart from this paragraph) a British
ship that is not to be recognised as
such, but
(b) the
ship is a British ship by virtue of
section 2 of this Act,
the ship shall
nevertheless be recognised as a British
ship for the purposes of the Merchant
Shipping Acts as in force in that
territory.
(3) Where—
(a) by
virtue of section 2(2) of the 1894 Act
as in force in any such territory, any
ship is a British ship that is not to be
recognised as such, and
(b) the
ship is not a British ship by virtue of
section 2 of this Act,
the ship shall,
notwithstanding section 2(3) of that Act
(as so in force), not be liable to
detention under that provision.
(4) Where—
(a) any
ship is not wholly owned by such persons
as are mentioned in section 1 of the
1894 Act (qualification for owning
British ships) as in force in any such
territory, but
(b) the
ship is a British ship by virtue of
section 2 of this Act,
the ship shall
nevertheless be recognised as a British
ship for the purposes of the Merchant
Shipping Acts as in force in that
territory, and the following provisions of
the 1894 Act (as so in force), namely—
(i) section
69 (penalty for unduly assuming British
character), and
(ii) section
71 (penalty for acquiring ownership if
unqualified),
shall not apply in
relation to the ship. |
|
3. If
the Secretary of State by order made by
statutory instrument so provides, no
registration of a fishing boat shall be
effected—
(a) under
Part IV of the 1894 Act, or
(b) under
the [1886 c. 53.] Sea
Fishing Boats (Scotland) Act 1886,
during such period
not exceeding one month and ending with
the commencement of Part II of this Act as
is specified in the order. |
|
4. Section
4(6) of this Act shall not have effect at
any time before the commencement of Part
II of this Act, and shall not affect the
operation of section 13(3) of this Act in
relation to fishing vessels which are
registered under Part I of the 1894 Act
immediately before the commencement of
Part II of this Act. |
|
5. In
section 72(1) of the 1894 Act as amended
by Schedule 1 to this Act (liabilities of
unregistered ships), the reference to Part
I of that Act shall, in relation to any
time before the end of the period referred
to in section 13(3)(b) of this Act, be
construed as including a reference to Part
IV of that Act. |
|
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