Merchant Shipping Act 1970

• (2) The superintendent or proper officer holding the inquiry shall for the purpose of the inquiry have the powers conferred on an inspector by section 729 of the Merchant Shipping Act 1894.

• (3) The person holding the inquiry shall make a report of his findings to the Board of Trade and the Board shall make a copy of the report available—

• (a) if the deceased person 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 deceased person's name last appeared, to the person so named ;

• (b) in any case, to any person requesting it who appears to the Board of Trade to be interested.

• (4) No inquiry shall be held under this section in a case where, in England, Wales or Northern Ireland, a coroner's inquest is to be held or, in Scotland, an inquiry is to be held under the Fatal Accidents Inquiry (Scotland) Act 1895 or the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1906.

Relief and repatriation of seamen left behind

Relief and return of seamen left behind, etc.

62

• (1) Where—

• (a) a person employed as a seaman in a ship registered in the United Kingdom is left behind in any country outside the United Kingdom or is taken to such a country on being shipwrecked; or

• (b) a person who became so employed under an agreement entered into outside the United Kingdom is left behind in the United Kingdom or is taken to the United Kingdom on being shipwrecked ;

the persons who last employed him as a seaman shall make such provision for his return and for his relief and maintenance until his return and such other provisions as may be required by regulations made by the Board of Trade.

• (2) The provisions to be so made may include the repayment of expenses incurred in bringing a shipwrecked seaman ashore and maintaining him until he is brought ashore and the payment of the expenses of the burial or cremation of a seaman who dies before he can be returned.

• (3) The Board of Trade may also make regulations providing for the manner in which any wages due to any person left behind or taken to any country as mentioned in subsection (1) of this section, and any property of his left on board ship, are to be dealt with.

• (4) The Board of Trade may make regulations requiring a superintendent or proper officer—

• (a) to make such provision as may be prescribed by the regulations with respect to any matter for which provision may be required to be made by regulations under the preceding provisions of this section; and

• (b) to make the like provision with respect to citizens of the United Kingdom and Colonies found in distress in any country outside the United Kingdom after being employed in ships registered in, or belonging to the government of, such a country.

• (5) Without prejudice to the generality of the preceding provisions, regulations made under this section may make provision—

• (a) for determining the place to which a person is to be returned;

• (b) for requiring the master of any ship registered in the United Kingdom to convey a person to a place determined in accordance with the regulations and for enabling a superintendent or proper officer to give the master directions for that purpose ;

• (c) for the making of payments in respect of the conveyance of a person in accordance with the regulations; and

• (d) for the keeping of records and the rendering of accounts.

• (6) Regulations under this section may make a contravention of any provision thereof an offence punishable on summary conviction with a fine not exceeding £100 or such less amount as may be specified in the regulations.

• (7) This section applies to a person left behind on being discharged in pursuance of section 5 of this Act, whether or not at the time he is left behind the ship is still registered in the United Kingdom.

Limit of employers' liability under s. 62

63

Where a person left behind in or taken to any country as mentioned in section 62(1) of this Act remains there after the end of a period of three months the persons who last employed him as a seaman shall not be liable under that section to make provision for his return or for any matter arising after the end of that period, unless they have before the end of that period been under an obligation imposed on them by regulations under that section to make provision with respect to him.

Recovery of expenses incurred for relief and return, etc.

64

• (1) Where any expenses are incurred in respect of any matter for which the employers of a seaman are required to make provision under section 62 of this Act, then—

• (a) if the expenses are incurred by the Board of Trade, or are incurred by the government of any country outside the United Kingdom and repaid to them on behalf of the Crown, the Board of Trade may recover them from the employers;

• (b) if the expenses are incurred by the seaman he may recover them from the employers unless they prove either that under the terms of his employment they were to be borne by him or that he would not have been left behind but for his own wrongful act or neglect.

• (2) Where, in the case of any seaman, expenses are incurred by the Board of Trade or are incurred by the government of any country outside the United Kingdom and repaid to them on behalf of the Crown—

• (a) in respect of any matter for which, but for section 63 of this Act, the seaman's last employers would have been required to make provision under section 62 of this Act; or

• (b) in respect of any matter for which provision is required to be made under section 62 (4) (b) of this Act;

the Board of Trade may recover them from the seaman (or, if he has died, from his personal representatives).

Property of deceased seamen

Custody, etc. of property of deceased seamen

65

• (1) The Board of Trade may make regulations providing for the custody of and dealing with—

• (a) any property left on board a ship registered in the United Kingdom by a seaman dying while or after being employed in the ship ;

• (b) any property left in a country outside the United Kingdom by a seaman dying while or within six months after being employed in such a ship ; and

• (c) any property left in a country outside the United Kingdom by a citizen of the United Kingdom and colonies dying while or within six months after being employed as a seaman in a ship registered outside the United Kingdom;

until it is disposed of by or under the directions of the Board of Trade; and for the recovery by the Board of Trade of any wages which, at the time of a seaman's death, were due to him in respect of his employment in a ship registered in the United Kingdom.

• (2) Regulations under this section may require the recording of particulars and the rendering of accounts and may enable the Board of Trade or any person having custody of any such property to sell it by auction or otherwise and account for the proceeds.

• (3) Regulations under this section may make a contravention of any provision thereof an offence punishable on summary conviction with a fine not exceeding £100.

Disposal of property of deceased seaman

66

• (1) Where, on the death of a seaman, any assets come into the hands of the Board of Trade by virtue of section 65 of this Act the Board may satisfy out of them any expenses incurred by the Board in respect of the seaman or his property.

• (2) If the value of the residue of the assets does not exceed £500, the Board of Trade may at any time pay or deliver it to any of the persons mentioned in subsection (3) of this section or distribute it among them, unless a grant of representation, or in Scotland confirmation, has then been made and the Board of Trade know of it; and the Board shall thereby be discharged from any further liability in respect of the residue.

• (3) The persons referred to in subsection (2) of this section are—

• (a) any person appearing to the Board of Trade to be a person named as the seaman's next of kin in the crew agreement or list of the crew in which the seaman's name last appeared;

• (b) any person appearing to the Board of Trade to be his widow or a child of his ;

• (c) any person appearing to the Board of Trade to be beneficially entitled, under a will or on intestacy, to the seaman's estate or any part of it;

• (d) any person appearing to the Board of Trade to be a creditor of the seaman.

• (4) If it appears to the Board of Trade that any of the persons to whom any assets may be paid or delivered under this section is resident in a foreign state the Board of Trade may pay or deliver them to him by paying or delivering them to a consular officer of that state for transmission to him.

• (5) In this section " child " includes an adopted child and an illegitimate child.

Application of sections 62 to 66 to masters

Application of sections 62 to 66 to masters

67

In sections 62 to 66 of this Act " seaman " (notwithstanding the definition in section 742 of the Merchant Shipping Act 1894) includes the master of a ship.

Documentation, reports and returns

Official log books

68

• (1) Except as provided by regulations under this section an official log book in a form approved by the Board of Trade shall be kept in every ship registered in the United Kingdom.

• (2) The Board of Trade may make regulations prescribing the particulars to be entered in official log books, the persons by whom such entries are to be made, signed or witnessed, and the procedure to be followed in the making of such entries and in their amendment or cancellation.

• (3) The regulations may require the production or delivery of official log books to such persons, in such circumstances and within such times as may be specified therein.

• (4) Regulations under this section may exempt ships of any description from any requirements thereof, either generally or in such circumstances as may be specified in the regulations.

• (5) Regulations under this section may make a contravention of any provision thereof an offence punishable on summary conviction with a fine not exceeding £20.

• (6) If a person wilfully destroys or mutilates or renders illegible any entry in an official log book he shall be liable on summary conviction to a fine not exceeding £100.

Lists of crew

69

• (1) Except as provided by regulations made under this section the master of every ship registered in the United Kingdom shall make and maintain a list of the crew containing such particulars as may be required by the regulations.

• (2) The Board of Trade may make regulations—

• (a) specifying the particulars to be entered in a list of the crew;

• (b) limiting the time for which a list of the crew may remain in force;

• (c) providing for the maintenance by such persons and either in such place as may be specified in the regulations or, if it is so specified, in the ship, of a copy or copies of each list of a crew, and for the notification to such persons of any changes therein;

• (d) for the production of a list of the crew to such persons, in such circumstances and within such time as may be specified in the regulations ; and

• (e) for the delivery to a superintendent or proper officer or the Registrar General of Shipping and Seamen, in such circumstances as may be specified in the regulations, of a list of the crew or a copy thereof maintained under the regulations and for the notification to him of any changes in such a list.

• (3) Regulations under this section may enable a list of the crew to be contained in the same document as a crew agreement and may treat any particulars entered in the crew agreement as forming part of the particulars entered in the list.

• (4) Regulations under this section may exempt from the requirements thereof such descriptions of ship as may be specified in the regulations and may make different provision for different circumstances.

• (5) Regulations under this section may make a contravention of any provision thereof an offence punishable on summary conviction with a fine not exceeding £20.

British seamen's cards

70

• (1) The Board of Trade may make regulations providing—

• (a) for the issue to British seamen of cards (in this section referred to as " British seamen's cards ") in such form and containing such particulars with respect to the holders thereof and such other particulars (if any) as may be prescribed by the regulations, and for requiring British seamen to apply for such cards ;

• (b) for requiring the holders of British seamen's cards to produce them to such persons and in such circumstances as may be prescribed by the regulations;

• (c) for the surrender of British seamen's cards in such circumstances as may be prescribed by the regulations ;

• (d) for any incidental or supplementary matters for which the Board think it expedient for the purposes of the regulations to provide;

and any provision of the regulations having effect by virtue of paragraph (a) of this subsection may be so framed as to apply to all British seamen or any description of them and as to have effect subject to any exemptions for which provision may be made by the regulations.

• (2) Regulations under this section may make a contravention of any provision thereof an offence punishable on summary conviction with a fine not exceeding £10.

• (3) In this section " British seamen " means persons who are not aliens within the meaning of the British Nationality Act 1948 and are employed, or ordinarily employed, as masters or seamen.

• (4) If a person makes a statement which he knows to be false or recklessly makes a statement which is false in a material particular for the purpose of obtaining for himself or another person a British seaman's card he shall be liable on summary conviction to a fine not exceeding £100.

Discharge books

71

• (1) The Board of Trade may make regulations providing—

• (a) for the issue to persons who are or have been employed in ships registered in the United Kingdom of discharge books in such form and containing such particulars with respect to the holders thereof and such other particulars (if any) as may be prescribed by the regulations and for requiring such persons to apply for such discharge books ;

• (b) for requiring the holders of discharge books to produce them to such persons and in such circumstances as may be prescribed by the regulations ;

• (c) for the surrender of discharge books in such circum stances as may be prescribed by the regulations;

• (d) for any incidental or supplementary matters for which the Board think it expedient for the purposes of the regulations to provide;

and any provision of the regulations having effect by virtue of paragraph (a) of this subsection may be so framed as to apply to all such persons as are mentioned in that paragraph or any description of such persons and as to have effect subject to any exemptions for which provision may be made by the regulations.

• (2) Regulations under this section may make a contravention of any provision thereof an offence punishable on summary conviction with a fine not exceeding £10.

Returns of births and deaths in ships, etc.

72

• (1) The Board of Trade may make regulations—

• (a) requiring the master of any ship registered in the United Kingdom to make a return to a superintendent or proper officer for transmission to the Registrar General of Shipping and Seamen of any birth or death occurring in the ship and of the death, wherever occurring outside the United Kingdom, of any person employed in the ship, and to notify any such death to such person (if any) as the deceased may have named to him as his next of kin ; and

• (b) requiring the master of any ship not registered in the United Kingdom which calls at a port in the United Kingdom in the course of or at the end of a voyage to make a return to a superintendent for transmission to the Registrar General of Shipping and Seamen o any birth or death of a citizen of the United Kingdom and Colonies which has occurred in the ship during the voyage.

• (2) Regulations under this section may require the Registrar General of Shipping and Seamen to send a certified copy o any return made thereunder to the Registrar General for England and Wales, the Registrar General of Births, Death and Marriages for Scotland or the Registrar General for Northern Ireland, as the case may require.

• (3) The Registrar General to whom any such certified copies are sent shall record the information contained therein in a register kept by him for the purpose and to be called the marine register, and may also record in that register such additional information as appears to him desirable for the purpose of ensuring the completeness and correctness of the register; and the enactments relating to the registration of births and deaths in England, Scotland and Northern Ireland shall have effect as if the marine register were a register of births (other than stillbirths) or deaths or certified copies of entries in such a register and had been transmitted to the Registrar General in accordance with those enactments.

• (4) Regulations under the preceding provisions of this section may make a contravention of any provision thereof an offence punishable on summary conviction with a fine not exceeding £20.

• (5) Regulations under this section may contain provisions for authorising the registration of the following births and deaths occurring outside the United Kingdom in circumstances where no return is required to be made under the preceding provisions of this section—

• (a) any birth or death of a citizen of the United Kingdom and Colonies which occurs in a ship not registered in the United Kingdom ;

• (b) any death of a citizen of the United Kingdom and Colonies who has been employed in such a ship which occurs elsewhere than in the ship ; and

• (c) any death of a person who has been employed in a ship registered in the United Kingdom which occurs elsewhere than in the ship.

Reports of shipping casualties

73

• (1) Where any such casualty as is mentioned in section 55(1) of this Act has occurred in the case of a ship or ship's boat and, at the time it occurred, the ship was registered in the United Kingdom, the owner or master of the ship shall, as soon as practicable, and in any case not later than twenty-four hours after the ship's arrival at the next port, report the casualty to the Board of Trade, giving a brief description of it and stating the time and place where it occurred, the name and official number of the ship, its position at the time of the report and the next port of call.

• (2) If the owner or master of a ship fails without reasonable cause to comply with the preceding provisions of this section he shall be liable on summary conviction to a fine not exceeding £100.

Handing over of documents on change of master

74

If a person ceases to be the master of a ship registered in the United Kingdom during a voyage of the ship he shall deliver to his successor the documents relating to the ship or its crew which are in his custody ; and if he fails without reasonable cause to do so he shall be liable on summary conviction to a fine not exceeding £100.

Admissibility in evidence and inspection of certain documents

75

• (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, that is to say.—

• (a) crew agreements, lists of crews made under section 69 of this Act and notices given under this Act of additions to or changes in crew agreements and lists of crews;

• (b) the official log book of any ship kept under section 68 of this Act and, without prejudice to section 695(2) of the Merchant Shipping Act 1894, 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) documents purporting to be submissions to or decisions by superintendents or proper officers under section 10 of this Act;

• (d) returns or reports under section 72 of this Act or under regulations made under section 19 of this Act.

• (2) A certificate issued under section 43 of this Act shall be admissible in evidence.

Inspections

Inspections

76

• (1) For the purpose of seeing that the provisions of the Merchant Shipping Acts and regulations and rules made thereunder are duly complied with any of the following persons, that is to say.—

• (a) a surveyor of ships ;

• (b) a superintendent;

• (c) any person appointed by the Board of Trade, either generally or in a particular case, to exercise powers under this section;

may at all reasonable times go on board a ship and inspect the ship and its equipment or any part thereof, any articles on board, and any document carried in the ship in pursuance of the Merchant Shipping Acts or regulations or rules made thereunder ; and if the ship is registered in the United Kingdom the powers conferred by this subsection may also be exercised outside the United Kingdom and may be so exercised by a proper officer as well as by the persons mentioned in paragraphs (a) to (c) of this subsection.

• (2) A person exercising powers under this section shall not unnecessarily detain or delay a ship but may, if he considers it necessary in consequence of an accident or for any other reason, require a ship to be taken into dock for a survey of its hull or machinery.

• (3) Where any such person as is mentioned in paragraphs (a) to (c) of subsection (1) of this section has reasonable grounds for believing that there are on any premises provisions or water intended for supply to a ship registered in the United Kingdom which, if provided on the ship, would not be in accordance with regulations under section 21 of this Act, he may enter the premises and inspect the provisions or water for the purpose of ascertaining whether they would be in accordance with those regulations.

• (4) If any person obstructs a person in the exercise of his powers under this section, or fails to comply with a requirement made under subsection (2) thereof, he shall be liable on summary conviction to a fine not exceeding £100.

Stowaways, unauthorised presence on board ship and master's power of arrest

Stowaways

77

• (1) If a person, without the consent of the master or of any other person authorised to give it, goes to sea or attempts to go to sea in a ship registered in the United Kingdom he shall be liable on summary conviction to a fine not exceeding £100 or to imprisonment for a period not exceeding three months.

• (2) Nothing in section 686 of the Merchant Shipping Act 1894 shall be taken to limit the jurisdiction of any court in the United Kingdom to deal with an offence under this section which has been committed in a country outside the United Kingdom by a person who is not a British subject.

Unauthorised presence on board ship

78

Where a ship registered in the United Kingdom or any other country is in a port in the United Kingdom and a person who is neither in Her Majesty's service nor authorised by law to do so—

• (a) goes on board the ship without the consent of the master or of any other person authorised to give it; or

• (b) remains on board the ship after being requested to leave by the master, a constable, or an officer of the Board of Trade or of customs and excise ;

he shall be liable on summary conviction to a fine not exceeding £20.

Master's power of arrest

79

The master of any ship registered in the United Kingdom may cause any person on board the ship to be put under restraint if and for so long as it appears to him necessary or expedient in the interest of safety or for the preservation of good order or discipline on board the ship.

Administrative provisions

Registrar General of Shipping and Seamen

80

• (1) The Board of Trade shall appoint, and may remove, an officer to be styled the Registrar General of Shipping and Seamen, who shall exercise such functions as are conferred on him by the Merchant Shipping Acts and keep such records and perform such other duties as the Board of Trade may direct.

• (2) The Board of Trade may appoint and remove persons to perform on behalf of the Registrar General of Shipping and Seamen such of his functions as the Board or the Registrar General of Shipping and Seamen may direct.

Appointment of superintendents

81

The Board of Trade shall appoint, and may remove, officers to be styled mercantile marine superintendents, who shall exercise the functions conferred on superintendents by the Merchant Shipping Acts.

Appointment of wreck commissioners

82

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

Remuneration of wreck commissioners and assessors

83

There shall be paid to any wreck commissioner or assessor appointed under this Act such remuneration, out of moneys provided by Parliament, as the Lord Chancellor may with the consent of the Treasury determine.

Fees

84

The Board of Trade may with the consent of the Treasury make regulations prescribing fees to be paid in respect of the issue or recording of any certificate, licence or other document or the doing of any other thing in pursuance of this Act.

Miscellaneous

Amendment of Merchant Shipping (Safety Convention) Act 1949

85

• (1) For sections 3 and 6 of the Merchant Shipping (Safety Convention) Act 1949 there shall be substituted the sections set out in Schedule 1 to this Act.

• (2) In section 5(2) of that Act (rules for direction finders) the words " being ships of sixteen hundred tons gross tonnage or upwards " shall be omitted.

• (3) Before making rules under any of those sections the Board of Trade shall consult with organisations in the United Kingdom appearing to them representative of persons who will be affected by the rules.

Nautical publications

86

• (1) The Board of Trade may make rules specifying such charts, directions or information as appear to the Board necessary or expedient for the safe operation of ships and those rules may require ships registered in the United Kingdom, or such descriptions of ships registered in the United Kingdom as may be specified in the rules, to carry, either at all times or on such voyages as may be specified in the rules, copies of the charts, directions or information so specified.

• (2) If a ship goes to sea or attempts to go to sea without carrying copies of the charts, directions or information which it is required to carry by rules under this section the master or owner shall be liable on summary conviction to a fine not exceeding £100.

The merchant navy uniform

87

• (1) The Board of Trade may make regulations prescribing a uniform, to be known as the merchant navy uniform, for the use of persons serving in ships registered in the United Kingdom, and distinguishing marks to be worn, as part of the uniform, by persons so serving in different positions or in different circumstances.

• (2) Regulations under this section may prescribe the persons by whom and the circumstances in which the merchant navy uniform or any part of it may be worn.

• (3) If a person wears the merchant navy uniform or any part of it, or wears anything bearing the appearance of the uniform or any part of it, when he is not authorised by regulations under this section to wear the uniform or that part he shall be liable on summary conviction to a fine not exceeding £50.

• (4) Where any design, within the meaning of the Registered Designs Act 1949, which forms part of the merchant navy uniform has been registered under that Act and the Board of Trade are the registered proprietor thereof their copyright in the design shall, notwithstanding section 8 of that Act, continue so long as the design remains so registered.

• (5) Nothing in this section shall prohibit or restrict the use of the merchant navy uniform or any part of it for the purposes of any stage, film or television performance, unless the use is such as to bring the uniform into disrepute.

Increase of penalty for sailing while ship under detention

88

In section 692(1) of the Merchant Shipping Act 1894 (enforcing detention of ship) for the words " one hundred pounds " there shall be substituted the words " two hundred pounds ".

Dealing with deserters under reciprocal agreements

89

• (1) Subject to subsection (5) of this section, this section applies to any country to which, immediately before the coming into operation of the repeal by this Act of section 238 of the Merchant Shipping Act 1894, that section applied by virtue of an Order in Council made under it or having effect as if made under it.

• (2) Where a seaman deserts in the United Kingdom from a ship registered in a country to which this section applies, a justice of the peace may, on the application of a consular officer of that country and on information on oath, issue a warrant for the arrest of the seaman.

• (3) Where a seaman has been arrested on a warrant issued under this section a magistrates' court may, on proof of the desertion, order him to be conveyed on board his ship.

• (4) Where a seaman is liable to be arrested under this section, any person who, knowing or believing that he has deserted, does without lawful authority or reasonable excuse any act with intent to impede his arrest shall be liable on summary conviction to a fine not exceeding £20.

• (5) Her Majesty may by Order in Council direct that this section shall cease to apply to any country specified in the Order.

• (6) In its application to Scotland this section shall have effect as if for the reference to a justice of the peace there were substituted a reference to a sheriff, magistrate or justice of the peace, for the reference to a magistrates' court a reference to a court of summary jurisdiction within the meaning of the Summary Jurisdiction (Scotland) Act 1954, and for the reference to information on oath a reference to evidence on oath.

• (7) In its application to Northern Ireland this section shall have effect as if in subsection (3) for the reference to a magistrates' court there were substituted a reference to a court of summary jurisdiction.

Adaptation to metric units

90

The Board of Trade may by regulations provide for such adaptations of any enactments contained in the Merchant Shipping Acts as appear to them appropriate for the purpose of replacing references therein to units other than metric units by references to metric units which are either equivalent thereto or such approximations thereto as appear to the Board desirable for the purpose of securing that the enactments as adapted are expressed in convenient terms.

Tonnage measurement and certificates

91

For subsections (5) and (6) of section 1 of the Merchant Shipping Act 1965 (tonnage regulations) there shall be substituted the following subsections—

(5) Regulations under this section may make provision for the alteration (notwithstanding section 82 of the principal Act) of the particulars relating to the registered tonnage of a ship. (6) Regulations under this section may provide for the issue by the Board of Trade or by persons appointed by such organisations as may be authorised in that behalf by the Board of Trade of certificates of the registered tonnage of any ship or of the tonnage which is to be taken for any purpose specified in the regulations as the tonnage of a ship not registered in the United Kingdom, and for the cancellation and delivery up of such certificates in such circumstances as may be prescribed by the regulations. (6A) Regulations under this section requiring the delivery up of any certificate may make a failure to comply with the requirement an offence punishable on summary conviction with a fine not exceeding £100.

Unregistered ships and ships registered outside the United Kingdom

Unregistered ships

92

The Board of Trade may make regulations specifying any description of British ships which are not registered in the United Kingdom or elsewhere and directing that such of the provisions of this Act and of regulations and rules made thereunder as may be specified in the regulations shall extend to ships of that description and to masters and seamen employed in them, with such exceptions, adaptations or modifications as may be so specified.

Ships registered in independent Commonwealth countries

93

• (1) Her Majesty may by Order in Council direct that such of the provisions of this Act and of regulations and rules made thereunder as may be specified in the Order shall extend, with such exceptions, adaptations or modifications as may be so specified, to ships registered in any independent Commonwealth country so specified and to masters and seamen employed in them.

• (2) The modifications that may be made by an Order in Council under this section with respect to the ships registered in any country and the masters and seamen employed in them include the substitution, for any provision of this Act or of regulations or rules made thereunder, of a corresponding provision of the law of that country, with such exceptions, adaptations or modifications as appear to Her Majesty expedient.

• (3) In this section " independent Commonwealth country " means any country for the time being specified in section 1 (3) of the British Nationality Act 1948.

Power to extend Act to certain territories outside the United Kingdom, and to ships registered therein

94

Her Majesty may by Order in Council give with respect to any of the following territories, that is to say—

• (a) the Isle of Man ;

• (b) any of the Channel Islands ;

• (c) any colony;

• (d) any territory outside Her Majesty's dominions in which for the time being Her Majesty has jurisdiction ;

either or both of the following directions—

• (i) that such of the provisions of this Act and of regulations and rules made thereunder as may be specified in the Order shall apply to ships registered in that territory and to masters and seamen employed in them, with such exceptions, adaptations or modifications as may be specified in the Order, as they apply to ships registered in the United Kingdom and to masters and seamen employed in them ;

• (ii) that such of the provisions of this Act and of any regulations and rules made thereunder as may be specified in the Order shall extend to that territory, with such exceptions, adaptations or modifications as may be specified in the Order, as part of the law of that territory.

Fishing vessels and non-sea-going ships

Fishing vessels

95

• (1) In the application of this Act to fishing vessels and persons serving in them—

• (a) sections 6, 29 to 32, 34 to 38, 89 and 93 do not apply and the provisions contained in Part I of Schedule 2 to this Act apply in addition to the other provisions of this Act; and

• (b) sections 7 and 8 apply as set out in Part II of that Schedule;

and nothing in Schedule 2 to this Act applies to fishing vessels not registered in the United Kingdom or to persons serving in them.

• (2) Section 15 of this Act does not apply to so much of the wages of a seaman employed in a fishing vessel as is in any manner related to the catch.

• (3) In its application to persons serving in fishing vessels section 87 of this Act shall have effect as if for the words " merchant navy uniform", wherever they occur, there were substituted the words " fishing fleet uniform ".

• (4) Nothing in section 11 of this Act shall affect the operation of Part II of the Administration of Justice Act 1970 in relation to wages due to a person employed in a fishing vessel; and the provisions of the Magistrates' Courts Act (Northern Ireland) 1964 and the Judgments (Enforcement) Act (Northern Ireland) 1969 relating to the attachment of wages shall apply in relation to such wages as they apply in relation to other wages.

• (5) The Board of Trade may grant exemptions from any requirements of this Act or of any regulations made under this Act—

• (a) with respect to any fishing vessel or to a fishing vessel of any description ; or

• (b) with respect to any person or a person of any description serving in a fishing vessel or in a fishing vessel of any description ;

and nothing in any other provision of this Act conferring a power to provide for or grant exemptions shall be taken to restrict the power conferred by this subsection.

• (6) In this Act " fishing vessel" means a vessel which is for the time being employed in sea fishing, but does not include a vessel used otherwise than for profit.

Non-sea-going ships

96

• (1) The preceding provisions of this Act other than sections 19, 20, 43 to 60, 88, 90 and 91 do not apply to ships which are not sea-going ships or to masters or seamen employed in ships which are not sea-going ships.

• (2) In relation to ships which are not sea-going ships 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 " plies or attempts to ply " and the words " if in the United Kingdom " were omitted; and where such a ship may be detained in pursuance of that section, section 692 of the Merchant Shipping Act 1894 shall have effect, in relation to it, as if subsections (2) to (4) were omitted and in subsection (1) for the words " proceeds to sea " there were substituted the word " plies ", for the words " sends the ship to sea " there were substituted the words " causes the ship to ply " and the words " any British consular officer " were omitted.

Supplementary

Interpretation

97

• (1) In this Act—

• " crew agreement " has the meaning assigned to it by section 1(2) of this Act;

• " enactment " includes an enactment of the Parliament of Northern Ireland;

• " 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;

• " relief and maintenance " includes the provision of surgical or medical treatment and such dental and optical treatment (including the repair or replacement of any appliance) as cannot be postponed without impairing efficiency;

• " ship's boat " includes a life-raft; and

• " the Merchant Shipping Acts " means the Merchant Shipping Acts 1894 to 1967, the Fishing Vessels (Safety Provisions) Act 1970 and this Act

• (2) References in this Act to going to sea include references to going to sea from any country outside the United Kingdom.

• (3) For the purposes of this Act a seaman is discharged from a ship when his employment in that ship is terminated.

• (4) For the purposes of this Act a seaman discharged from a ship in any country and left there shall be deemed to be left behind in that country notwithstanding that the ship also remains there.

• (5) References in this Act to dying in a ship include references to dying in a ship's boat and to being lost from a ship or ship's boat.

• (6) Any power conferred by this Act to provide for or grant an exemption includes power to provide for or grant the exemption subject to conditions.

• (7) If the Parliament of Northern Ireland passes provisions amending or replacing any enactment of that Parliament referred to in this Act the reference shall be construed as a reference to the enactment as so amended or, as the case may be, as a reference to those provisions.

Expenses and receipts

98

• (1) Any expenses incurred by the Board of Trade under this Act shall be defrayed out of moneys provided by Parliament.

• (2) Any fees received by the Board of Trade under this Act shall be paid into the Consolidated Fund.

Regulations and rules

99

• (1) Any regulations or rules made under this Act shall be made by statutory instrument, which, except in the case of regulations made under section 36 of this Act or paragraph 2 of Schedule 2 to this Act, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (2) Before making regulations under any provision of this Act other than sections 84 and 90 the Board of Trade shall consult with organisations in the United Kingdom appearing to them representative of masters and seamen who will be affected by the regulations and of persons employing such masters and seamen.

Amendments, savings, transitional provisions and repeals

100

• (1) The enactments mentioned in Schedule 3 to this Act shall have effect subject to the minor and consequential amendments specified therein.

• (2) This Act shall have effect subject to the savings and transitional provisions contained in Schedule 4 to this Act.

• (3) The enactments specified in Schedule 5 to this Act (which include some which are obsolete and some not affected by the preceding provisions of this Act) are hereby repealed to the extent specified in the third column of that Schedule.

Citation, construction and commencement

101

• (1) This Act may be cited as the Merchant Shipping Act 1970.

• (2) This Act, the Merchant Shipping Acts 1894 to 1967 and the Fishing Vessels (Safety Provisions) Act 1970 may be cited together as the Merchant Shipping Acts 1894 to 1970.

• (3) This Act shall be construed as one with the Merchant Shipping Acts 1894 to 1967 and the Fishing Vessels (Safety Provisions) Act 1970.

• (4) This Act shall come into force on such date as the Board of Trade may by order made by statutory instrument appoint, and different days may be so appointed for different provisions of this Act.

SCHEDULE 1

SCHEDULE 2

PART I — Additional Provisions

Regulations relating to crew agreements

1

• (1) The Board of Trade may make regulations prescribing the procedure to be followed in connection with the making of crew agreements between persons employed in fishing vessels and persons employing them and prescribing the places where such crew agreements are to be made or where an agreement with any person may be added to those contained in such a crew agreement.

• (2) Regulations under this paragraph may make a contravention of any provision thereof an offence punishable on summary conviction with a fine not exceeding £50 or such less amount as may be specified in the regulations.

Offences

2

• (1) For the purpose of maintaining discipline on board fishing vessels and ensuring the safe and efficient operation of such vessels the Board of Trade may by regulations specify any misconduct on board of or in relation to a fishing vessel which, but for section 95(1)(a) of this Act, would be an offence under section 29, 30 or 31 thereof, and provide for its being an offence punishable on summary conviction with a fine not exceeding £100 or such less amount as may be specified in the regulations.

• (2) Regulations under this paragraph may apply section 32 of this Act with such modifications as may be required to substitute in it for the reference to section 29, 30(b) and 30(c) of this Act a reference to the corresponding provisions of the regulations.

• (3) Regulations under this paragraph may make different provision for different descriptions of fishing vessel or fishing vessels of the same description in different circumstances.

• (4) No regulations shall be made under this paragraph unless a draft thereof has been laid before Parliament and approved by resolution of each House of Parliament.

Production of certificates and other documents of qualification

3

Any person serving or engaged to serve in a fishing vessel and holding any certificate or other document which is evidence that he is qualified for the purposes of section 43 of this Act shall on demand produce it to any person who is a British sea-fishery officer for the purposes of the Sea Fisheries Acts (within the meaning of the Sea Fisheries Act 1968); and if he fails to do so without reasonable cause he shall be liable on summary conviction to a fine not exceeding £20.

Hours of work

4

• (1) The Board of Trade may make regulations prescribing maximum periods of duty and minimum periods of rest for seamen employed in fishing vessels, and such regulations may make different provision for different descriptions of fishing vessels or seamen employed in them or for fishing vessels and seamen of the same description in different circumstances.

• (2) If any provision of regulations made under this paragraph is contravened in the case of any seaman employed in a fishing vessel the persons employing him and the master shall each be liable on summary conviction to a fine not exceeding £100.

Reports of and inquiries into injuries

5

• (1) Where the master or a member of the crew of a 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 an inspector by section 729 of the Merchant Snipping Act 1894 and shall make a report of his findings to the Board of Trade.

PART II — Sections 7 and 8 set out as they apply to Fishing Vessels and Persons Employed in them

7

Except as provided by or under this Act or any other enactment, the wages due to a seaman under a crew agreement relating to a fishing vessel shall be paid to him in full.

8

• (1) Subject to regulations made under section 9 or 62 of this Act, the persons employing any seaman under a crew agreement relating to a fishing vessel shall deliver to him at a time prescribed by regulations under this section an account of the wages due to him under that crew agreement and of the deductions subject to which the wages are payable.

• (2) Where the wages of any person employed in a fishing vessel are in any manner related to the catch the persons employing him shall at a time prescribed by regulations under this section deliver to the master an account (or, if the master is the person employing him, make out an account) showing how those wages (or any part thereof related to the catch) are arrived at and shall make the account available to the crew in such manner as may be prescribed by the regulations.

• (3) Where there is a partnership between the master and any members of the crew of a fishing vessel the owner of the vessel shall at a time prescribed by regulations under this section make out an account showing the sums due to each partner in respect of his share and shall make the account available to the partners.

• (4) The Board of Trade may make regulations prescribing the time at which any account required by this section is to be delivered or made out and the manner in which the account required by subsection (2) or (3) of this section is to be made available.

• (5) If a person fails without reasonable cause to comply with the preceding provisions of this section he shall be liable on summary conviction to a fine not exceeding £20.

SCHEDULE 3

The Conspiracy and Protection of Property Act 1875

1

For section 16 of the Conspiracy and Protection of Property Act 1875 there shall be substituted the following section:—

(16) Section 5 of this Act does not apply to seamen.

The Merchant Shipping Act 1894

2

In subsection (1) of section 689 of the Merchant Shipping Act 1894 for the words " seaman or apprentice ", in both places, there shall be substituted the words " or seaman ".

3

In subsection (1) of section 695 of that Act, after the words " shall be evidence" there shall be inserted the words " and in Scotland sufficient evidence " ; and in subsection (2) of that section, after the words "admissible in evidence" there shall be inserted the words " and be evidence, and in Scotland sufficient evidence, of those matters ".

4

In section 742 of that Act, in the definition of " seaman ", for the words " masters, pilots and apprentices duly indentured and registered " there shall be substituted the words " masters and pilots ".

The Pilotage Act 1913

5

In section 17(1)(l) of the Pilotage Act 1913 for the words from " a mate's certificate " to " 1894 " there shall be substituted the words " such certificate issued under the Merchant Shipping Act 1970 as may be specified in the byelaws ".

6

In paragraph (b) of the proviso to section 23(1) of that Act for the words from " a mate's certificate " to " 1894 " there shall be substituted the words " such certificate issued under the Merchant Shipping Act 1970 as is specified in the byelaw " and for the words " such a certificate of competency" there shall be substituted the words " a certificate so specified ".

7

In section 25 of that Act for the words "certificates of competency recognised under Part II of the Merchant Shipping Act 1894 " there shall be substituted the words " certificates issued under the Merchant Shipping Act 1970 ".

The Illegal Trawling (Scotland) Act 1934

8

In section 1(6) of the Illegal Trawling (Scotland) Act 1934 for the words " at each mercantile marine office " there shall be substituted the words " at the office of each mercantile marine superintendent ".

The Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939

9

In section 6(3) of the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939, for the words from " section one hundred and seventy-six" to " deceased seamen" there shall be substituted the words " section 66 of the Merchant Shipping Act 1970 (disposal of property of deceased seamen) ".

The Merchant Shipping Act 1964

10

For subsection (2) of section 10 of the Merchant Shipping Act 1964 there shall be substituted the following subsection—

(2) Subsection (6) of section 3 of the Act of 1949 (detention of ships not conforming with radio rules) shall apply in relation to the portable radio apparatus so required to be carried by the boats or life rafts on any ship as it applies in relation to the radio equipment of the ship.

The Administration of Estates (Small Payments) Act 1965

11

In section 6 of the Administration of Estates (Small Payments) Act 1965 there shall be added at the end of subsection (1)(b) the words

and (c) section 66(2) of the Merchant Shipping Act 1970

.

The Merchant Shipping (Load Lines) Act 1967

12

In section 10(2) of the Merchant Shipping (Load Lines) Act 1967, paragraph (a) shall be omitted, and in paragraph (b) for the words from " in such form " to the end of the paragraph there shall be substituted the words " to be posted up in some conspicuous place on board the ship, which shall be in such form and containing such particulars relating to the depth to which the ship is for the time being loaded as may be specified in regulations made by the Board of Trade under this Act; ".

The Hovercraft Act 1968

13

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

The Income and Corporation Taxes Act 1970

14

In section 414(1) of the Income and Corporation Taxes Act 1970 the word " or" shall be added at the end of paragraph (a), and paragraph (c) and the word " or " preceding it shall be omitted.

SCHEDULE 4

1

The repeals made by this Act shall not be taken to extend to any country outside the United Kingdom and shall not affect any Order in Council providing for the extension of any enactments to any country outside the United Kingdom or any power to vary or revoke such an Order in Council.

2

The repeal by this Act of sections 145 and 146 of the Merchant Shipping Act 1894 shall not affect the operation, in relation to a seaman's money order issued before the coming into force of the repeal, of regulations under section 145(2) or of section 146.

3

The repeal by this Act of sections 148 to 153 of the Merchant Shipping Act 1894 shall not affect the operation of those sections in relation to any deposit received under section 148 before the coming into force of the repeal; but the Board of Trade may by regulations make provision for the repayment of such deposits within such period as may be specified by or under the regulations and for the transfer to the National Savings Bank of any deposit not repaid before the end of that period.

4

The repeal by this Act of section 254 of the Merchant Shipping Act 1894 shall not affect the operation of that section in relation to any return made under it and any marine register book kept under that section shall be treated as part of a marine register kept under section 72 of this Act.

5

Any licence granted under section 110 of the Merchant Shipping Act 1894 shall have effect as if granted under section 6 of this Act.

6

Any regulations made under section 1 of the Merchant Shipping Act 1948 shall have effect as if made under section 20 of this Act.

7

Any reference in regulations made under section 1 of the Merchant Shipping Act 1965 to regulations made under section 1 of the Merchant Shipping Act 1948 shall be construed as including a reference to regulations made under section 20 of this Act.

8

The references in section 57 of this Act to an inquiry or formal investigation held under this Act shall be construed as including references to an inquiry or formal investigation held under section 466, 468 or 471 of the Merchant Shipping Act 1894.

9

The references in section 60 of this Act to a certificate which has been cancelled or suspended under this Act shall be construed as including references to a certificate which has been cancelled or suspended under the provisions repealed by this Act.

10

For the purposes of section 87 of this Act the registration of any design under Part II of the Patents and Designs Act 1907 shall be deemed to be a registration under the Registered Designs Act 1949.

SCHEDULE 5