Merchant Shipping Act 1995: An Annotated Guide

, by Phillips; Nevil

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ISBN: 9781859785638 | 1859785638
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Copyright: 12/1/2001

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Supplemental Materials

PART I BRITISH SHIPS

1. British ships and United Kingdom ships

(1)

2. British flag

(1)

3. Offences relating to British character of ship

(2)

4. Penalty for carrying improper colours

(1)

5. Duty to show British flag

(1)

6. Duty to declare national character of ship

(1)

7. Proceedings on forfeiture of a ship

PART II REGISTRATION

General

8. Central register of British ships

(1)

9. Registration of ships: basic provisions

(2)

10. Registration regulations

(3)

11. Tonnage ascertained for registration to be tonnage of ship

(1)

12. Tonnage of ships of foreign countries adopting tonnage regulations

(1)

13. Status of certificate of registration

(1)

14. Offences relating to a ship's British connection

(2)

15. Supplementary provisions as respects fishing vessels

(1)

16. Private law provisions for registered ships and liability as owner

(1)

Ships on bareboat charter

17. Ships bareboat chartered-in by British charterers

(4)

Supplemental

18. Regulation of registration in British possessions by reference to categories of registries

(2)

19. Tonnage regulations

(1)

20. Proceedings on forefeiture of ship

(1)

21. Disclosure of information relating to registration by other government departments

(1)

22. Forgery of documents: Scotland

(1)

23. Interpretation

(1)

PART III MASTERS AND SEAMEN

Application of Part

24. Application of this Part

(1)

Engagement and discharge of crews

25. Crew agreements

(1)

26. Regulations relating to crew agreements

(1)

27. Discharge of seamen

(1)

28. Seamen left behind abroad otherwise than on discharge

(1)

29. Discharge of seamen when ship ceases to be registered in United Kingdom

(1)

Wages etc.

30. Payment of seaman's wages

(2)

31. Account of seaman's wages

(1)

32. Regulations relating to wages and accounts

(1)

33. Power of superintendent or proper officer to decide disputes about wages

(1)

34. Restriction on assignment of and charge upon wages

(1)

35. Power of court to award interest on wages due otherwise than under crew agreement

(1)

36. Allotment notes

(1)

37. Right of person named in allotment to sue in own name

(1)

38. Right, or loss of right, to wages in certain circumstances

(2)

39. Protection of certain rights and remedies

(1)

40. Claims against seaman's wages for maintenance etc. of dependants

(2)

41. Remedies of master for remuneration, disbursements and liabilities

(1)

Safety, health and welfare

42. Obligation of shipowners as to seaworthiness

(1)

43. Crew accommodation

(2)

44. Complaints about provisions or water

(1)

45. Expenses of medical and other treatment during voyage

(1)

Manning, qualifications, training and uniform

46. Application of sections 47 to 51

(1)

47. Manning

(1)

48. Power to exempt from manning requirements

(1)

49. Prohibition of going to sea undermanned

(1)

50. Production of certificates and other documents of qualification

(1)

51. Crew's knowledge of English

(1)

52. Unqualified persons going to sea as qualified officers or seamen

(1)

53. Medical treatment on board ship

(1)

54. Special certificates of competence

(1)

55. Young persons

(1)

56. Financial assistance for training

(1)

57. Uniform

(1)

Offences by seamen etc.

58. Conduct endangering ships, structures or individuals

(3)

59. Concerted disobedience and neglect of duty

(1)

Disciplinary offences

60. Breaches by seamen of codes of conduct

(2)

Disqualification of seamen and inquiries

61. Inquiry into fitness or conduct of officer

(1)

62. Disqualification of holder of certificate other than officer's

(1)

63. Inquiry into fitness or conduct of seaman other than officer

(1)

64. Rehearing of, and appeal from, inquiries

(1)

65. Rules as to inquiries and appeals

(1)

66. Failure to deliver cancelled or suspended certificate

(1)

67. Power to restore certificate

(1)

68. Power to summon witness to inquiry into fitness or conduct of officer or other seaman

(1)

69. Procedure where inquiry into fitness or conduct of officer or other seaman is held by sheriff

(1)

Civil liability of seamen for offences

70. Civil liability for absence without leave

(1)

71. Civil liability for smuggling

(1)

72. Civil liability for fines imposed under immigration laws

(1)

Relief and repatriation and relief costs

73. Relief and return of seamen etc. left behind and shipwrecked

(1)

74. Limit of employer's liability under section 73

(1)

75. Recovery of expenses incurred for relief and return etc.

(1)

76. Financial assistance in respect of crew relief costs

(1)

Documentation

77. Official logbooks

(1)

78. Lists of crew

(1)

79. British seamen's cards

(1)

80. Discharge books

(1)

81. Handing over of documents by master

(1)

Merchant Navy Reserve

82. Maintenance of Merchant Navy Reserve

(1)

83. Supplementary provisions as respects the Reserve

(1)

Interpretation

84. Interpretation

(1)

PART IV SAFETY

Safety and Health on Ships

85. Safety and health on ships

(9)

86. Provisions supplementary to section 85: general

(1)

87. Provisions supplementary to section 85: dangerous goods

(1)

88. Safety of submersible and supporting apparatus

(1)

Special provisions

89. Load lines

(1)

90. Charts and other information

(1)

91. Report of dangers to navigation

(1)

Assistance at sea

92. Duty of ship to assist the other in case of collision

(2)

93. Duty to assist ships etc. in distress

(2)

Unsafe ships

94. Meaning of "dangerously unsafe ship"

(1)

95. Power to detain dangerously unsafe ship

(1)

96. References of detention notices to arbitration

(1)

97. Compensation in connection with invalid detention of ship

100

(1)

98. Owner and master liable in respect of dangerously unsafe ship

101

(2)

99. Use of unsafe lighters etc.

103

(1)

100. Owner liable for unsafe operation of ship

103

Temporary exclusion zones

100A. Power to establish temporary exclusion zones

105

(1)

100B. Temporary exclusion zones offences

106

(1)

100C. Power to require ships to be moved

107

(1)

100D. Offences in relation to section 1000

108

(1)

100E. Service of directions under section 1000

108

(1)

100F. Requirements to be met by ships in respect of which trans-shipment licences in force

109

(1)

100G. Failure to comply with prescribed standards in respect of ship in respect of which trans-shipment licence is in force

109

(1)

Control of, and returns as to, persons on ships

101. Offences in connection with passenger ships

110

(1)

102. Power to exclude drunken passengers from certain passenger ships

111

(1)

103. Stowaways

112

(1)

104. Unauthorised presence on board ship

112

(1)

105. Master's power of arrest

113

(1)

106. Unauthorised persons: offences relating to safety

113

(1)

107. Return to be furnished by masters of ships as to passengers

114

(1)

108. Returns of births and deaths in ships etc.

114

(3)

PART V FISHING VESSELS

CHAPTER I SKIPPER AND SEAMEN

Engagement and discharge of crews

109. Regulations relating to crew agreements 116

Wages

110. Payments of seamen's wages

117

(1)

111. Regulations relating to wages: deductions

117

(1)

112. Accounts of wages and catch

118

(1)

113. Restriction on assignment of, and charge upon, wages

119

(1)

114. Right, or loss of right, to wages in certain circumstances

119

(1)

Safety, health and welfare

115. Hours of work 120

Manning and qualifications

116. Production of crew certificates and other documents of qualification 120

Offences by seamen

117. Drunkenness on duty

120

(1)

118. Unauthorised liquor

121

(1)

119. Disciplinary offences

122

(1)

Exemptions

120. Power to grant exemptions from this Chapter

123

(1)

CHAPTER II SAFETY

121. Fishing vessel construction rules

123

(1)

122. Fishing vessel survey rules

124

(1)

123. Fishing vessel certificates

125

(1)

124. Provisions supplementary to section 123

125

(1)

125. Prohibition on going to sea without appropriate certificate

126

(1)

126. Notice of alterations

127

(1)

Training

127. Training in safety matters

127

(1)

PART VI PREVENTION OF POLLUTION

CHAPTER I POLLUTION GENERALLY

128. Prevention of pollution from ships etc.

128

(1)

129. Further provision for prevention of pollution from ships

131

(1)

130. Regulation of transfers between ships in territorial waters

132

(1)

CHAPTER IA WASTE RECEPTION FACILITIES AT HARBOURS

130A. General

133

(1)

130B. Waste management plans

133

(1)

130C. Charges for and use of waste reception facilities

134

(1)

130D. Supplementary

135

(1)

130E. Interpretation of Chapter IA

136

(1)

CHAPTER II OIL POLLUTION

General provisions for preventing pollution

131. Discharge of oil from ships into certain United Kingdom waters

136

(2)

132. Defences of owner or master charged with offence under section 131

138

(1)

133. Defences of occupier charged with offence under section 131

139

(1)

134. Protection for acts done in exercise of certain powers of harbour authorities etc.

139

(1)

135. Restrictions on transfer of oil at night

140

(1)

136. Duty to report discharge of oil into waters of harbours

140

(1)

Shipping casualties

137. Shipping casualties

141

(2)

138. Right to recover in respect of unreasonable loss or damage

143

(1)

138A. Application of sections 137 and 138 to pollution by substances other than oil

143

(1)

139. Offences in relation to section 137

144

(1)

140. Service of directions under section 137

144

(1)

141. Application of sections 137 to 140 to certain foreign and other ships

145

(1)

Enforcement

142. Oil records

146

(2)

143. Prosecutions and enforcement of fines

148

(1)

144. Power to detain ships for section 131 offences

149

(2)

145. Interpretation of section 144

151

(1)

146. Enforcement and application of fines

152

(1)

147. Enforcement of Conventions relating to oil pollution

153

(1)

148. Power of Secretary of State to grant exemptions

154

(1)

149. Application to Government ships

154

(1)

150. Annual Report

154

(1)

151. Interpretation

155

(1)

CHAPTER III LIABILITY FOR OIL POLLUTION

Preliminary

152. Meaning of "the Liability Convention" and related expressions 156

Liability

153. Liability for oil pollution in case of tankers

156

(2)

154. Liability for oil pollution in case of other ships

158

(1)

155. Exceptions from liability under sections 153 and 154

159

(1)

156. Restriction of liability for oil pollution

160

(1)

Limitation of liability

157. Limitation of liability under section 153

161

(1)

158. Limitation actions

162

(2)

159. Restriction on enforcement after establishment of limitation fund

164

(1)

160. Concurrent liabilities of owners and others

165

(1)

161. Establishment of limitation fund outside United Kingdom

165

(1)

162. Extinguishment of claims

166

(1)

Compulsory insurance

163. Compulsory insurance against liability for pollution

166

(1)

164. Issue of certificate by Secretary of State

167

(1)

165. Rights of third parties against insurers

168

(1)

Supplementary

166. Jurisdiction of United Kingdom courts and registration of foreign judgments

169

(1)

167. Government ships

170

(1)

168. Limitation of liability under section 154

171

(1)

169. Saving for recourse actions

171

(1)

170. Interpretation

171

(1)

171. Transitory text of this Chapter and power to make transitional provisions

172

(1)

CHAPTER IV INTERNATIONAL OIL POLLUTION COMPENSATION FUND

Preliminary

172. Meaning of "the Liability Convention", "the Fund Convention" and related expressions

173

(1)

Contributions to Fund

173. Contributions by importers of oil and others

174

(1)

174. Power to obtain information

175

(1)

Compensation for persons suffering pollution damage

175. Liability of the Fund

176

(3)

176. Limitation of Fund's liability under section 175

179

(1)

Supplemental

177. Jurisdiction and effect of judgments

180

(1)

178. Extinguishment of claims

181

(1)

179. Subrogation

182

(1)

180. Supplementary provisions as to proceedings involving the Fund

182

(1)

181. Interpretation

183

(1)

182. Transitory text of this Chapter and power to make transitional provisions

184

(1)

CHAPTER V CARRIAGE OF HAZARDOUS AND NOXIOUS SUBSTANCES

182A. Introductory

185

(1)

182B. Power to give effect to Convention

185

(1)

182C. Power of Secretary of State to make orders

186

(1)

PART VII LIABILITY OF SHIPOWNERS AND OTHERS

Carriage of passengers and luggage by sea

183. Scheduled convention to have force of law

187

(1)

184. Application of Schedule 6 to carriage within British Islands

188

(6)

Limitation of liability of shipowners etc. and salvors for maritime claims

185. Limitation of liability for maritime claims 189

186. Exclusion of liability 190

Multiple fault: apportionment, liability and contribution

187. Damage or loss: apportionment of liability

194

(1)

188. Loss of life or personal injuries: joint and several liability

196

(1)

189. Loss of life or personal injuries: right of contribution 197

Time limit for proceedings against owners or ship

190. Time limit for proceedings against owners or ship 198

Limitation of liability of harbour, conservancy, dock and canal authorities

191. Limitation of liability

200

(2)

Application to Crown and its ships

192. Application to Crown and its ships

202

(1)

Regulations requiring insurance or security

192A. Compulsory insurance or security

202

(1)

PART VIII LIGHTHOUSES

Lighthouse authorities

193. General and local lighthouse authorities

203

(2)

Information to Security of State

194. Returns and information to Secretary of State 204

Functions of general lighthouse authorities

195. General function of management of lighthouses etc.

205

(1)

196. Joint discharge of functions

205

(1)

197. General powers of general lighthouse authority

205

(1)

198. Inspection of local lighthouses

207

(1)

199. Control of local lighthouse authorities

207

(1)

Inspections by Secretary of State

200. Powers of inspection by Secretary of State

208

(1)

Powers of harbour authorities as local lighthouse authorities

201. Powers of harbour authorities

208

(1)

Transfers between general and local lighthouse authorities

202. General transfer of local lighthouses from general lighthouse authorities to harbour authorities

209

(1)

203. Individual transfers of local lighthouses to harbour authorities

209

(1)

204. Surrender of local lighthouses

209

(1)

General light dues

205. Light dues leviable by general lighthouse authorities

210

(1)

206. Information to determine light dues

211

(1)

207. Recovery of general light dues

211

(1)

208. Distress on ship for general light dues

212

(1)

209. Receipt for general light dues and its production

212

(2)

Local light dues

210. Light dues leviable by local lighthouse authorities 213

Financial and administrative provisions

211. General Lighthouse Fund: expenses and receipts

214

(1)

212. Establishments of general lighthouse authorities

215

(1)

213. Estimates or accounts of expenses to Secretary of State

215

(1)

214. Pension rights of certain employees

216

(1)

215. Borrowing powers of general lighthouse authorities

216

(1)

216. Limit on borrowing under section 215

216

(1)

217. Guarantees by Secretary of State

217

(1)

218. Accounts of general lighthouse authorities

217

(1)

Offences in connection with lighthouses, buoys, beacons, etc.

219. Damage etc. to lighthouses etc.

218

(1)

220. Prevention of false lights

218

(1)

Exemptions from taxes, duties, rates, etc.

221. Exemption from taxes, duties, etc.

219

(1)

222. Exemption from harbour dues

219

(1)

222A. Disclosure of information to general lighthouse authorities

220

(1)

Supplemental

223. Interpretation etc.

220

(1)

PART IX SALVAGE AND WRECK

CHAPTER I SALVAGE

224. Salvage Convention 1989 to have force of law

221

(1)

225. Valuation of property by receiver

222

(1)

226. Detention of property liable for salvage by receiver

222

(1)

227. Sale of detained property by receiver

223

(1)

228. Apportionment of salvage under £5,000 by the receiver

224

(1)

229. Apportionment of salvage by the court

224

(1)

230. Salvage claims against the Crown and Crown rights of salvage and regulation thereof

225

(1)

CHAPTER II WRECK

Vessels in distress

231. Application of, and discharge of functions under, sections 232, 233, 234 and 235

226

(1)

232. Duty of receiver where vessel in distress

227

(1)

233. Powers of receiver in case of vessel in distress

227

(1)

234. Power to pass over adjoining land

228

(1)

235. Liability for damage in case of plundered vessel

228

(1)

Dealing with wreck

236. Duties of finder etc. of wreck

229

(1)

237. Provisions as respects cargo etc.

230

(1)

238. Receiver to give notice of wreck

231

(1)

239. Claims of owners to wreck

231

(1)

240. Immediate sale of wreck in certain cases

231

(1)

Unclaimed wreck

241. Right of Crown to unclaimed wreck

232

(1)

242. Notice of unclaimed wreck to be given to persons entitled

233

(1)

243. Disposal of unclaimed wreck

233

(1)

244. Effect of delivery of wreck etc. under this Part

234

(1)

Offences in respect of wreck

245. Taking wreck to foreign port

234

(1)

246. Interfering with wrecked vessel or wreck

235

(1)

247. Powers of entry etc.

235

(1)

CHAPTER III SUPPLEMENTAL

Administration

248. Functions of Secretary of State as to wreck

236

(1)

249. Expenses and fees of receivers

236

(1)

Coastguard services

250. Remuneration for services of coastguard

237

(1)

Release from customs and excise control

251. Release of goods from customs and excise control

237

(1)

Removal of wrecks

252. Powers of harbour and conservancy authorities in relation to wrecks

238

(2)

253. Powers of lighthouse authorities in relation to wrecks

240

(1)

254. Referral of questions as to powers between authorities

241

(2)

Interpretation

255. Interpretation 241

PART X ENFORCEMENT OFFICERS AND POWERS

Enforcement Officers

256. Appointment of inspectors and surveyors 242

Inspection etc. powers

257. Powers to require production of ships documents

243

(1)

258. Powers to inspect ships and their equipment etc.

244

(1)

259. Powers of inspectors in relation to premises and ships

246

(1)

260. Provisions supplementary to section 259

248

(1)

Improvement notices and prohibition notices

261. Improvement notices

249

(1)

262. Prohibition notices

250

(1)

263. Provisions supplementary to sections 261 and 262

251

(1)

264. References of notices to arbitration

251

(1)

265. Compensation in connection with invalid prohibition notices

253

(1)

266. Offences

254

(1)

PART XI ACCIDENT INVESTIGATIONS AND INQUIRIES

Marine accident investigations

267. Investigation of marine accidents

254

(1)

268. Formal investigation intomarine accidents

256

(1)

269. Rehearing of, and appeal from, investigations

258

(1)

270. Rules as to investigations and appeals

259

(1)

Inquiries into and reports on deaths and injuries

271. Inquiries into deaths of crew members and others

260

(1)

272. Reports of, and inquiries into, injuries

261

(1)

273. Transmission of particulars of certain deaths on ships

261

(1)

PART XII LEGAL PROCEEDINGS

Prosecution of offences

274. Time limit for summary offences

262

(1)

275. Time limit for summary orders

263

(1)

276. Summary offences: Scotland

263

(1)

277. Offences by officers of bodies corporate

263

(1)

278. Offences by partners etc. in Scotland

264

(1)

Jurisdiction

279. Jurisdiction in relation to offences

264

(1)

280. Jurisdiction over ships lying off coasts

264

(1)

281. Jurisdiction in case of offences on board ship

265

(1)

282. Offences committed by British seamen

266

(1)

Return of offenders

283. Return of offenders

266

(1)

Detention of ship and distress on ship

284. Enforcing detention of ship

267

(1)

285. Sums ordered to be paid leviable by distress on the ship

269

(1)

Special evidential provisions

286. Depositions of persons abroad admissible

270

(1)

287. Admissibility in evidence and inspection of certain documents

270

(1)

288. Admissibility of documents in evidence

271

(1)

289. Inspection and admissibility in evidence of copies of certain documents

273

(1)

290. Proof etc. of exemptions

273

(1)

Service of documents

291. Service of documents

274

(1)

PART XIII SUPPLEMENTAL

Administration

292. General functions of Secretary of State

275

(1)

293. Functions of Secretary of State in relation to marine pollution

275

(1)

294. General power to dispense

276

(1)

295. Registrar General of Shipping and Seamen

277

(1)

296. Mercantile marine superintendents

277

(1)

297. Wreck commissioners etc.

278

(1)

298. Transmission of documents to Registrar General

278

(1)

299. Returns etc. to Secretary of State

279

(1)

300. Forms

279

(1)

301. Advisory committees

280

(1)

Financial Provisions

302. Fees

280

(1)

302A. Funding of maritime services

281

(1)

303. Expenses of Commissioners of Customs and Excise

281

(1)

304. Expenses charged on money provided by Parliament

282

(1)

305. Payments to be made into Consolidated Fund

282

(2)

Subordinate Legislation

306. Regulations, rules, orders, etc. 283

Application of Act to certain descriptions of ships etc.

307. Application to Act to non-United Kingdom ships

284

(1)

308. Application to Act to government ships

284

(1)

309. Application of Act to ships chartered by demise to the Crown

285

(1)

310. Application of Act to hovercraft

286

(1)

311. Application of Act to certain structures etc.

286

(1)

Special provisions for Scots law

312. Special provisions for Scots law

287

(1)

Final provisions

313. Definitions

287

(1)

313A. Meaning of "qualifying foreign ship"

291

(1)

314. Repeals, consequential amendments and transitional provisions

292

(1)

315. Extent and application

292

(1)

316. Short title and commencement

295

(1)

SCHEDULES

Schedule 1-Private law provisions for registered ships (section 1 6)

296

(6)

Schedule 2-Regulations relating to submersible and supporting apparatus (section 88)

302

(2)

Schedule 3-Load lines (section 89)

304

(1)

Schedule 4-Prevention of oil pollution: transitory provisions (sections 171 and 182)

305

(1)

Schedule 5-Overall limit on liability of Fund (section 176)

305

(1)

Part I-Permanent provision

305

(1)

Part II-Transitory provision

306

(1)

Schedule 5A-Text of International Convention on Liability and Compensation for Damage in connection with the Carriage of Hazardous and Noxious Substances

307

(29)

Schedule 6-Convention Relating to the Carriage of Passengers and Their Luggage by Sea (section 183)

336

(1)

Part I-Text of Convention

336

(1)

Part II-Provisions having effect in connection with Convention

344

(2)

Schedule 7-Convention on Limitation of Liability for Maritime Claims 1976 (section 185)

346

(1)

Part I-Text of Convention

346

(1)

Part II-Provisions having effect in connection with Convention

355

(5)

Schedule 8-Commissioners of Northern Lighthouses (section 193)

360

(1)

Schedule 9-General transfer of local lighthouses to harbour authorities (section 202)

361

(1)

Schedule 10-Local light dues: objections (section 210)

361

(1)

Schedule 11-International Convention on Salvage 1989 (section 224(1)(2))

362

(1)

Part I-Text of Convention

362

(1)

Part II-Provisions having effect in connection with Convention

376

(2)

Schedule 12-Repeals (section 314)

378

(7)

Schedule 13-Consequential amendments (section 314)

385

(20)

Schedule 14-Transitory, saving and transitional provisions (section 314)

405

(5)

Table of Derivations

410

(17)

Index

427

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