Merchant Shipping Act 1979

• (b) may take possession of any liquor which he finds on the vessel and has reason to believe is unauthorised liquor and may detain the liquor for the period needed to ensure that the liquor is available as evidence in proceedings for the offence.

• (4) In this section—

• " an authorised manner " means a manner authorised by regulations made by the Secretary of State ;

• " authorised person ", in relation to a vessel, means a mercantile marine superintendent, a proper officer as defined by section 97(1) of the Merchant Shipping Act 1970, a person appointed in pursuance of section 76(1)(c) of that Act (which relates to inspectors), the master of the vessel in question, the owner of the vessel and any person instructed by the said master or owner to prevent the commission of offences under subsection (1) of this section in relation to the vessel;

• " liquor " means spirits, wine, beer, cider, perry and any other fermented, distilled or spirituous liquor ; and

• " unauthorised liquor " means, in relation to a vessel, liquor as to which permission to take it on board the vessel has been given neither by the master nor the owner of the vessel nor by a person authorised by the said owner to give such permission.

• (5) Any reference in the preceding subsection to the owner of a vessel shall be construed—

• (a) as excluding any member of the crew of the vessel; and

• (b) subject to the preceding paragraph, as a reference to the person or all the persons who, in the certificate of registry of the vessel, is or are stated to be the registered owner or owners of the vessel.

Inspectors

Extension of power to appoint Department of Trade inspectors

26

In section 728 of the Merchant Shipping Act 1894 (under which the Secretary of State may appoint a person as an inspector to report to him whether, among other things, the provisions of regulations made by virtue of that Act have been complied with) after the words " by virtue of this Act" there shall be inserted the words " or the terms of any approval, licence, consent, direction or exemption given by virtue of such regulations ".

Powers of Department of Trade inspectors

27

• (1) An inspector appointed in pursuance of section 728 of the Merchant Shipping Act 1894—

• (a) may at any reasonable time (or, in a situation which in his opinion is or may be dangerous, at any time)—

• (i) enter any premises in the United Kingdom, or

• (ii) board any ship which is registered in the United Kingdom wherever it may be and any other ship which is present in the United Kingdom or the territorial waters of the United Kingdom,

if he has reason to believe that it is necessary for him to enter the premises or board the ship for the purpose of performing his functions as such an inspector;

• (b) may, on entering any premises by virtue of paragraph (a) above or on boarding a ship by virtue of that paragraph, take with him any other person authorised in that behalf by the Secretary of State and any equipment or materials required to assist him in performing the said functions;

• (c) may make such examination and investigation as he considers necessary for the purpose of performing the said functions;

• (d) may, as regards any premises or ship which he has power to enter or board, give a direction requiring that the premises or ship or any part of the premises or ship or any thing in the premises or ship or such a part shall be left undisturbed (whether generally or in particular respects) for so long as is reasonably necessary for the purposes of any examination or investigation under paragraph (c) above;

• (e) may take such measurements and photographs and make such recordings as he considers necessary for the purpose of any examination or investigation under paragraph (c) above;

• (f) may take samples of any articles or substances found in any premises or ship which he has power to enter or board and of the atmosphere in or in the vicinity of any such premises or ship ;

• (g) may, in the case of any article or substance which he finds in any such premises or ship and which appears to him to have caused or to be likely to cause danger to health or safety, cause it to be dismantled or subjected to any process or test (but not so as to damage or destroy it unless that is in the circumstances necessary for the purpose of performing the said functions);

• (h) may, in the case of any such article or substance as is mentioned in paragraph (g) above, take possession of it and detain it for so long as is necessary for all or any of the following purposes, namely—

• (i) to examine it and do to it anything which he has power to do under that paragraph,

• (ii) to ensure that it is not tampered with before his examination of it is completed,

• (iii) to ensure that it is available for use as evidence in any proceedings for an offence under the Merchant Shipping Acts or under regulations made by virtue of any provision of those Acts;

• (i) may require any person who he has reasonable cause to believe is able to give any information relevant to any examination or investigation under paragraph (c) above—

• (i) to attend at a place and time specified by the inspector, and

• (ii) to answer (in the absence of persons other than any persons whom the inspector may allow to be present and a person nominated to be present by the person on whom the requirement is imposed) such questions as the inspector thinks fit to ask, and

• (iii) to sign a declaration of the truth of his answers;

• (j) may require the production of, and inspect and take copies of or of any entry in.—

• (i) any books or documents which by virtue of any provision of the Merchant Shipping Acts are required to be kept; and

• (ii) any other books or documents which he considers it necessary for him to see for the purposes of any examination or investigation under paragraph (c) above;

• (k) may require any person to afford him such facilities and assistance with respect to any matters or things within that person's control or in relation to which that person has responsibilities as the inspector considers are necessary to enable him to exercise any of the powers conferred on him by this subsection.

• (2) It is hereby declared that nothing in the preceding provisions of this section authorises a person unnecessarily to prevent a ship from proceding on a voyage.

• (3) The Secretary of State may by regulations make provision as to the procedure to be followed in connection with the taking of samples under subsection (1)(f) above and subsection (6) below and provision as to the way in which samples that have been so taken are to be dealt with.

• (4) Where an inspector proposes to exercise the power conferred by subsection (1)(g) above in the case of an article or substance found in any premises or ship, he shall, if so requested by a person who at the time is present in and has responsibilities in relation to the premises or ship, cause anything which is to be done by virtue of that power to be done in the presence of that person unless the inspector considers that its being done in that person's presence would be prejudicial to the safety of that person.

• (5) Before exercising the power conferred by subsection (1)(g) above, an inspector shall consult such persons as appear to him appropriate for the purpose of ascertaining what dangers, if any, there may be in doing anything which he proposes to do under that power.

• (6) Where under the power conferred by subsection (1)(h) above an inspector takes possession of any article or substance found in any premises or ship, he shall leave there, either with a responsible person or, if that is impracticable, fixed in a conspicuous position, a notice giving particulars of that article or substance sufficient to identify it and stating that he has taken possession of it under that power; and before taking possession of any such substance under that power an inspector shall, if it is practicable for him to do so, take a sample of the substance and give to a responsible person at the premises or on board the ship a portion of the sample marked in a manner sufficient to identify it.

• (7) No answer given by a person in pursuance of a requirement imposed under subsection (1)(i) above shall be admissible in evidence against that person or the husband or wife of that person in any proceedings except proceedings in pursuance of subsection (1)(c) of the following section in respect of a statement in or a declaration relating to the answer; and a person nominated as mentioned in the said subsection (1)(i) shall be entitled, on the occasion on which the questions there mentioned are asked, to make representations to the inspector on behalf of the person who nominated him.

Provisions supplementary to s. 27

28

• (1) A person who—

• (a) wilfully obstructs a Department of Trade inspector in the exercise of any power conferred on him by the preceding section; or

• (b) without reasonable excuse, does not comply with a requirement imposed in pursuance of the preceding section or prevents another person from complying with such a requirement; or

• (c) without prejudice to the generality of the preceding paragraph, makes a statement or signs a declaration which he knows is false, or recklessly makes a statement or signs a declaration which is false, in purported compliance with a requirement made in pursuance of subsection (1)(i) of the preceding section,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding £1,000 or, on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both.

• (2) In relation to a person, other than a Department of Trade inspector, who has the powers conferred on such an inspector by the preceding section—

• (a) that section and the preceding subsection shall have effect as if for references to such an inspector there were substituted references to the person ; and

• (b) that section shall have effect as if for references to the functions of such an inspector there were substituted references to the functions in connection with which those powers are conferred on the person.

• (3) Nothing in the preceding section shall be taken to compel the production by any person of a document of which he would on grounds of legal professional privilege be entitled to withhold production on an order for discovery in an action in the High Court or, as the case may be, on an order for the production of documents in an action in the Court of Session.

• (4) A person who complies with a requirement imposed on him in pursuance of paragraph (i)(i) or (k) of subsection (1) of the preceding section shall be entitled to recover from the person who imposed the requirement such sums in respect of the expenses incurred in complying with the requirement as are prescribed by regulations made by the Secretary of State, and the regulations may make different provision for different circumstances ; and any payments in pursuance of this subsection shall be made out of money provided by Parliament.

• (5) References in the Merchant Shipping Acts to a Department of Trade inspector are to an inspector appointed in pursuance of section 728 of the Merchant Shipping Act 1894.

• (6) Sections 729 and 730 of the Merchant Shipping Act 1894 (which relate to the powers and to obstruction of inspectors shall cease to have effect and the following enactments (which provide for certain persons to have the powers of a Department of Trade inspector in connection with the functions there mentioned) shall cease to have effect, namely—

• section 420(3) of the Merchant Shipping Act 1894 and in sections 369(3) and 431(1) of that Act the words from " and " onwards ;

• in section 7(2) of the Merchant Shipping Act 1964 the words from " and for that purpose " to " Acts " ;

• section 11(2) of the Merchant Shipping (Load Lines) Act 1967 and in sections 17(1) and 24(6) of that Act the words from " and " onwards;

• in section 1(3) of the Fishing Vessels (Safety Provisions) Act 1970 the words from " and " onwards;

and in section 14(3) of the Merchant Shipping (Safety Convention) Act 1949 (which also provides as aforesaid) for the words from " shall have all the powers " onwards there shall be substituted the words " may go on board the ship and inspect it and anything on it ".

• (7) Without prejudice to the operation of section 17(2) of the Interpretation Act 1978 (which relates to the repeal and re-enactment of enactments)—

• (a) in sections 386(2), 459(6), 463(5), 465(2), 471(3)(b), 488(2) and 517(3) of the Merchant Shipping Act 1894 (which refer to the powers of a Department of Trade inspector under that Act) for the words "under this Act" there shall be substituted the words " under section 27 of the Merchant Shipping Act 1979 ";

• (b) in sections 55(2) and 61(2) of the Merchant Shipping Act 1970 and in paragraph 5(2) of Schedule 2 to that Act (which refer to the powers conferred on an inspector by section 729 of the Merchant Shipping Act 1894) for the words " section 729 of the Merchant Shipping Act 1894 " there shall be substituted the words " section 27 of the Merchant Shipping Act 1979 "; and

• (c) in section 18 of the Prevention of Oil Pollution Act 1971 (which among other things applies the said section 729 to inspectors appointed under the said section 18)—

• (i) in subsection (3) for the words " Section 729 of the Merchant Shipping Act 1894" there shall be substituted the words " Sections 27 and 28(1), (3) and (4) of the Merchant Shipping Act 1979 " and for paragraph (a) there shall be substituted the following paragraph—

• (a) any reference to a ship included any vessel, any reference to the Merchant Shipping Acts (except the second reference in subparagraph (iii) of section 27(1)(h)) were a reference to this Act and the reference in that sub-paragraph to regulations were omitted;

• (ii) in subsections (4) and (5) for the words " under section 729 " there shall be substituted the words " under section 27 " and in subsection (5) the words from " and in subsection (3)" onwards shall be omitted;

• (iii) in subsection (8) after the words "by virtue of this section " there shall be inserted the words " and the obstruction is not punishable by virtue of the said section 28(1) ".

Deaths on ships

Inquiries as to whether person has died on United Kingdom ship etc.

29

• (1) In section 61 of the Merchant Shipping Act 1970 (which among other things provides for an inquiry into the death of a person in a ship registered in the United Kingdom).—

• (a) at the end of subsection (1)(a) there shall be inserted the words " in a boat or life-raft from such a ship; or "; and

• (b) after subsection (1) there shall be inserted the following subsections—

(1A) Subject to subsection (4) of this section, where it appears to the Secretary of State that— (a) in consequence of an injury sustained or a disease contracted by a person, when he was the master of or a seaman employed in a ship registered in the United Kingdom, he ceased to be employed in the ship and subsequently died ; and (b) the death occurred in a country outside the United Kingdom during the period of one year beginning with the day when he so ceased, the Secretary of State may arrange for an inquiry into the cause of the death to be held by a superintendent or proper officer. (1B) Subject to subsection (4) of this section, where it appears to the Secretary of State that a person may— (a) have died in a ship registered in the United Kingdom or in a boat or life-raft from such a ship; or (b) have been lost from such a ship, boat or life-raft and have died in consequence of having been so lost, the Secretary of State may arrange for an inquiry to be held by a superintendent or proper officer into whether the person died as aforesaid and, if the superintendent or officer finds that he did, into the cause of the death.

• (2) In subsection (3)(a) of that section (which provides for a report of the findings of an inquiry under that section to be made available to the next of kin of the deceased if the deceased was employed in the ship) for the words " if the deceased person " there shall be substituted the words " if the person to whom the report relates " and for the words " deceased person's name " there shall be substituted the words " name of the person to whom the report relates ".

• (3) In section 97(5) of the said Act of 1970 (which provide! that references in that Act to dying in a ship include dying in a ship's boat and being lost from a ship's boat) after the word " Act" there shall be inserted the words " (except section 61) ".

Record of certain deaths on ships etc.

30

• (1) At the end of subsection (1) of section 72 of the Merchant Shipping Act 1970 (of which paragraph (a) enables regulations to be made requiring the master of a ship registered in the United Kingdom to make a return of any death occurring in the ship and of the death outside the United Kingdom of any person employed in the ship) there shall be inserted the words

; and (c) requiring the Registrar General of Shipping and Seamen to record such information as may be specified in the regulations about such a death as is mentioned in paragraph (a) above in a case where it appears to him that the master of the ship cannot perform the duty imposed on him by virtue of that paragraph in respect of the death because he has himself died or is incapacitated or missing and either— (i) the death in question has been the subject of an inquest held by the coroner or an inquiry held in pursuance of section 61 of this Act or in pursuance of the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 and the findings of the inquest or inquiry include a finding that the death occurred, or (ii) a post-mortem examination, or a preliminary investigation in Northern Ireland, has been made of the deceased's body and in consequence the coroner is satisfied that an inquest is unnecessary, or (iii) in Scotland, it does not appear to the Lord Advocate, under section 1(1)(b) of the said Act of 1976, to be expedient in the public interest that an inquiry under that Act should be held.

;

and in subsection (2) of that section (which enables regulations to require a certified copy of a return under that section to be sent to the appropriate Registrar General concerned with the registration of deaths) after the word "return" there shall be inserted the words " or record ".

• (2) Where—

• (a) an inquest is held on a dead body or touching a death or a post-mortem examination, or a preliminary investigation in Northern Ireland, is made of a dead body as a result of which the coroner is satisfied that an inquest is unnecessary; and

• (b) it appears to the coroner that the death in question is such as is mentioned in paragraph (a) of section 72(1) of the Merchant Shipping Act 1970 or in that paragraph as extended (with or without amendments) by virtue of section 92 of that Act,

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

Miscellaneous

Dues for space occupied by deck cargo

31

• (1) In section 85 of the Merchant Shiping Act 1894 (which relates to dues for space occupied by deck cargo) for subsection (3) (which among other things makes provision about the way in which the space is to be ascertained and recorded) there shall be substituted the following subsection—

(3) The Secretary of State may, by regulations made by statutory instrument, make provision— (a) as to the manner in which (including the persons by whom) the tonnage of the space is to be ascertained, recorded and verified; (b) as to the occasions on which and the persons by whom and to whom records of the said tonnage are to be produced; (c) for a contravention of the regulations to be an offence punishable on summary conviction by a fine not exceeding £500 or such less sum as is prescribed by the regulations; (d) for such incidental and supplemental matters as the Secretary of State considers appropriate in connection with the regulations, and may make different provision by the regulations for different circumstances; and any statutory instrument made by virtue of this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (2) Accordingly in section 1(2)(c) of the Merchant Shipping Act 1965 (under which tonnage regulations may provide for the ascertainment of the space to be taken into account for the purposes of the said section 85 and may exempt any space from being taken into account for those purposes) for the words from "provide" to "be" there shall be substituted the words " exempt any space from being " , and the words from " and may " to " those purposes " shall cease to have effect.

Shipping casualties

32

• (1) In section 464 of the Merchant Shipping Act 1894 (which specifies the shipping casualties which may be the subject of inquiries and investigations under Part VI of that Act)—

• (a) in paragraph (4) (which refers to loss of life by reason of a casualty happening to or on board a ship) after the word " life" there shall be inserted the words " or serious personal injury " and after the word "ship" there shall be inserted the words " , or any boat or life-raft from a ship, ";

• (b) after that paragraph there shall be inserted the following paragraph—

(4A) when any person is lost from a ship, or any boat or life-raft from a ship, on or near the coasts of the United Kingdom;

• (c) after paragraph (7) there shall be inserted the following paragraph—

(8) when events occur which the Secretary of State determines are of a kind likely to cause events which, if they occurred, would constitute a shipping casualty by virtue of any of the preceding paragraphs..

• (2) In section 55 of the Merchant Shipping Act 1970 (which relates to inquiries and investigations into shipping casualties)—

• (a) after the words " loss of life " in subsection (1)(b) there shall be inserted the words " or serious personal injury "; and

• (b) after subsection (1) there shall be inserted the following subsection—

(1A) Where an incident has occurred which the Secretary of State considers was or is capable of causing a casualty into which he could require an inquiry in pursuance of the preceding subsection, the powers to hold an inquiry or an investigation or both which are conferred on him by paragraphs (i) and (ii) of that subsection shall be exercisable in relation to the incident as if it were such a casualty..

• (3) Accordingly in section 56(1) of the Merchant Shipping Act 1970 (which relates to an investigation under section 55 of that Act into a casualty) after the word " casualty " there shall be inserted the words " or incident ".

Commissioners of Northern Lighthouses and Irish Lights

33

• (1) Sections 640 and 641 of the Merchant Shipping Act 1894 (which provide for the control by the Trinity House of certain activities of the Commissioners of Northern Lighthouses and the Commissioners of Irish Lights) and section 637 of that Act (which authorises the Trinity House and their servants to enter lighthouses in a lighthouse area which are vested in the said Commissioners or the Trinity House) shall cease to have effect.

• (2) In section 668(4) of the Merchant Shipping Act 1894 (which authorises the Commissioners of Northern Lighthouses to elect not more than four other persons as members of their body) for the words " four other persons " there shall be substituted the words " five other persons; but a person shall not be elected in pursuance of this subsection after section 33(2) of the Merchant Shipping Act 1979 comes into force unless either he appears to the Commissioners to have special knowledge and experience of nautical matters or three persons who so appear are members of the said body ".

Repeal of spent provisions, and amendment of Part XI, of Merchant Shipping Act 1894

34

• (1) Sections 670 to 672 and 675 of the Merchant Shipping Act 1894 (which relate to colonial light dues and became spent after the abolition of the dues in 1960) shall cease to have effect.

• (2) In section 677 of that Act, paragraph (m) (which provides for the payment out of money provided by Parliament of the cost of publishing information about foreign lighthouses, buoys and beacons) shall be omitted.

• (3) The Secretary of State may by order provide that references or a particular reference to a buoy or beacon in Part XI of that Act shall be construed as including, in such circumstances as are specified in the order, equipment of a kind so specified which is intended as an aid to the navigation of ships.

Amendment of s. 503 of Merchant Shipping Act 1894 etc.

35

• (1) Nothing in section 503 of the Merchant Shipping Act 1894 (which relates to the limitation of liability in certain cases of loss of life, injury or damage) shall apply to any liability in respect of loss of life or personal injury caused to, or loss of or damage to any property of, a person who is on board or employed in connection with the ship in question if—

• (a) he is so on board or employed under a contract of service governed by the law of any part of the United Kingdom ; and

• (b) the liability arises from an occurrence which took place after the coming into force of this subsection and before the coming into force of the following subsection ;

and in this subsection " ship " has the same meaning as in the said section 503.

• (2) The provisions having the force of law under section 17 of this Act shall not apply to any liability in respect of loss of life or personal injury caused to, or loss of or damage to any property of, a person who is on board the ship in question or employed in connection with that ship or with the salvage operations in question if—

• (a) he is so on board or employed under a contract of service governed by the law of any part of the United Kingdom; and

• (b) the liability arises from an occurrence which took place after the coming into force of this subsection ;

and in this subsection " ship " and " salvage operations " have the same meaning as in those provisions.

Amendments of Merchant Shipping (Mercantile Marine Fund) Act 1898

36

• (1) Section 2(1) and (2) of the Merchant Shipping (Mercantile Marine Fund) Act 1898 (which relate to colonial light dues and of which subsection (1) became spent after the abolition of the dues in 1960) shall cease to have effect; and in section 2(3) of that Act (which among other things provides for the payment out of the General Lighthouse Fund of contributions in respect of the lighthouse on Cape Spartel, Morocco) for the words " lighthouse on Cape Spartel, Morocco" there shall be substituted the words " lights on the islands of Abu Ail and Jabal at Tair in the Red Sea ".

• (2) For subsection (2) of section 5 of that Act (which enables the scales, rules and exemptions set out in Schedule 2 to that Act for the levying of light dues to be altered by Order in Council) there shall be substituted the following subsection—

(2) The Secretary of State may by statutory instrument make regulations with respect to the amounts and the levying of such dues (including the cases in which the dues are not to be levied) and the regulations may make different provision for different circumstances; and any statutory instrument made by virtue of this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (3) In Schedule 3 to the said Act of 1898, paragraph II (which relates to certain lighthouses off the coast of Sri Lanka as to which an arrangement was made on 27th February 1976 between the government of that country and the government of the United Kingdom providing for their transfer to the government of that country) shall be omitted; but any expenditure incurred by the government of the United Kingdom in pursuance of that arrangement either before or after the passing of this Act shall be defrayed out of the General Lighthouse Fund.

Amendments of ss. 15, 43, 52, 54, 76(1), 92 and 101(4) of Merchant Shipping Act 1970 and s. 23 of the Prevention of Oil Pollution Act 1971

37

• (1) Section 15 of the Merchant Shipping Act 1970 (which among other things provides that where a seaman's employment in a ship ends because the ship is wrecked or lost or is sold abroad or ceases to be registered in the United Kingdom he shall in certain cases be entitled to wages for two months after the ending of the employment) shall apply to a master as it applies to a seaman; and in subsection (1) of that section (which makes the wages payable in the case of wreck or loss unless it is proved that the seaman did not make reasonable efforts to save the ship and the persons and property carried on it) the words from " unless " onwards shall be omitted.

• (2) The power to make regulations conferred by section 43 of the Merchant Shipping Act 1970 (which authorises the Secretary of State to make regulations requiring certain ships to carry the number specified in the regulations of officers and other seamen who are qualified in accordance with the regulations) shall include power to make regulations providing that existing certificates shall, except in such cases as are specified in the regulations, be deemed for the purposes of such of the provisions of that Act as are so specified to be issued in pursuance of that section and to confer on the persons to whom they were issued such qualifications for the purposes of that section as are so specified.

• (3) In the preceding subsection " existing certificate " means a certificate granted in pursuance of section 93, 99 or 414 of the Merchant Shipping Act 1894 (which relate to certificates of competency or service as masters, mates and engineers and as skippers and second hands of fishing boats), a certificate referred to in an Order in Council made by virtue of section 102 of that Act (which relates to Commonwealth certificates of competency), a certificate granted in pursuance of subsection (2) of section 27 of the Merchant Shipping Act 1906 or by an institution approved in pursuance of that subsection (which relates to cooks) and a certificate granted in pursuance of section 5 of the Merchant Shipping Act 1948 (which relates to seamen who may be rated as A.B.).

• (4) At the end of sections 52(3) and 54(2) of the Merchant Shipping Act 1970 (which respectively make provision for the rules which are to govern inquiries into the fitness or conduct of officers and of seamen other than officers) there shall be inserted the words " ; and the persons holding the inquiry shall for the purpose of the inquiry have the powers conferred on an inspector by section 27 of the Merchant Shipping Act 1979. ".

• (5) In section 76(1) of the Merchant Shipping Act 1970 (which enables inspections to be carried out for the purpose of seeing that the provisions of the Merchant Shipping Acts and regulations and rules made under those Acts are complied with)—

• (a) references to the Merchant Shipping Acts shall include references to this Act and,

• (b) after the words "regulations and rules made thereunder " there shall be inserted the words " or that the terms of any approval, licence, consent, direction or exemption given by virtue of such regulations ".

• (6) Without prejudice to the operation of section 50(1) of this Act, in section 92 of the Merchant Shipping Act 1970 (which among other things enables provisions of that Act to be extended to unregistered British ships) the references to that Act shall be construed as including references to sections 23 and 25 of this Act.

• (7) At the end of section 101(4) of the Merchant Shipping Act 1970 (which authorises the appointment of different days for the coming into force of different provisions of that Act) there shall be inserted the words " or for different purposes of the same provision ".

• (8) In section 23 of the Prevention of Oil Pollution Act 1971 (which among other things authorises the Secretary of State to exempt from provisions of that Act certain discharges of crude oil produced as a result of operations for exploring the seabed or for exploiting its resources) for the words from " crude oil" onwards there shall be substituted the word " oil ".

Replacement of gold francs by special drawing rights for certain purposes of Merchant Shipping (Oil Pollution) Act 1971 and Merchant Shipping Act 1974

38

• (1) In section 4 of the Merchant Shipping (Oil Pollution) Act 1971 (which among other things enables a ship's owner to limit in certain circumstances his liability under section 1 of that Act so that it does not exceed 2,000 gold francs for each ton of the ship's tonnage or 210 million gold francs, whichever is less)—

• (a) for the words " 2,000 gold francs " and " 210 million gold francs" in subsection (1)(b) there shall be substituted respectively the words " 133 special drawing rights " and " 14 million special drawing rights " ; and

• (b) subsections (3) to (5) (which relate to the value of gold francs) shall cease to have effect.

• (2) In section 5 of that Act (which among other things relates to payment into court of the amount of a limit determined in pursuance of that section), after subsection (2) there shall be inserted the following subsection—

(2A) A payment into court of the amount of a limit determined in pursuance of this section shall be made 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 day on which the determination is made, or (ii) if no sum has been so fixed for that day, the last day before that day for which a sum has been so fixed; (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 day on which the determination was made, or (ii) that no sum has been so fixed for that 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 day on which the determination was made, shall be conclusive evidence of those matters for the purposes of this Act; (c) a document purporting to be such a certificate shall, in any proceedings, be received in evidence and, unless the contrary is proved, be deemed to be such a certificate.

• (3) For the purposes of sections 10(2) and 11(1) of that Act (which refer to Article VII of the International Convention on Civil Liability for Oil Pollution Damage signed in Brussels in 1969) references in that Article to Article V of the Convention shall be construed as references to Article V as amended by Article II of the protocol dated 19th November 1976 to the Convention; and in section 14(2) of that Act (which refers to the limit prescribed by the said Article V) for the words " Article V thereof " there shall be substituted the words " Article V of the Convention as amended by Article II of the protocol dated 19th November 1976 to the Convention ".

• (4) The Merchant Shipping Act 1974 shall have effect with the following amendments, namely—

• (a) section 1(6) and (7) (which relate to the value of gold francs) shall cease to have effect;

• (b) in section 2(7)(a) (which provides for a person's contributions to the International Fund there mentioned to be of an amount determined under articles 11 and 12 of the convention which established the Fund) and in section 4(10) (which provides for the liability of the said Fund to be subject to the limits imposed by article 4 of the said convention) after the words " the Fund Convention" there shall be inserted the words " (as amended by Article III of the protocol dated 19th November 1976 to that Convention) ";

• (c) at the end of section 4 (which relates to compensation from the said Fund for persons suffering pollution damage) there shall be inserted the following subsection—

(13) Any steps taken to obtain payment of an amount or a reduced amount in pursuance of such a judgment as is mentioned in subsection (12) 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 day on which the judgment is given, or (ii) if no sum has been so fixed for that day, the last day before that day for which a sum has been so fixed; (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 day on which the judgment was given, or (ii) that no sum has been so fixed for that 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 day on which the judgment was given, shall be conclusive evidence of those matters for the purposes of this Act; (c) a document purporting to be such a certificate shall, in any proceedings, be received in evidence and, unless the contrary is proved, be deemed to be such a certificate.;

• (d) in section (5)(1)(a) and (b) (which specify the portion of the aggregate amount of a liability for which the said Fund is to give indemnity) for the words " 1,500 francs " and " 2,000 francs " there shall be substituted respectively the words " 100 special drawing rights " and " 133 special drawing rights " and for the words " 125 million francs " and " 210 million francs " there shall be substituted respectively the words " 8,333,000 special drawing rights " and " 14 million special drawing rights ";

• (e) at the end of section 5 there shall be inserted the following subsection—

(8) For the purpose of converting into sterling the amount in special drawing rights adjudged to be payable by the Fund by way of indemnity in such proceedings as are mentioned in subsection (4) of this section, paragraphs (a) to (c) of subsection (13) of section 4 of this Act shall have effect— (a) if the liability in question has been limited in pursuance of section 5 of the Merchant Shipping (Oil Pollution) Act 1971, as if— (i) for the reference in the said paragraph (a) to the amount there mentioned there were substituted a reference to the amount adjudged as aforesaid, and (ii) for any reference to the day on which the judgment is or was given there were substituted a reference to the day on which the determination of the limit was made in pursuance of the said section 5; and (b) if the liability in question has not been so limited, with the modification made by paragraph (a)(i) of this subsection and as if for any reference to the day on which the judgment is or was given there were substituted a reference to the day on which the said amount was so adjudged.;

• (f) in section 6(5)(a) (which refers to provisions of the said article 4 as set out in Schedule 1 to that Act) after the words "as set out" there shall be inserted the words " as amended ";

• (g) in Schedule 1 for the words "450 million francs" wherever they occur there shall be substituted the words " 30 million special drawing rights "and for the words "900 million francs" there shall be substituted the words " 60 million special drawing rights ".

• (5) It is hereby declared that the powers to make Orders in Council conferred by section 18 of the said Act of 1971 and section 20 of the said Act of 1974 (which provide for the extension of those Acts to any of the countries mentioned in those sections and for those Acts to have effect as if references in them to the United Kingdom included references to any of those countries) include power to make Orders in Council in respect of those Acts as amended by this section.

• (6) An order made by virtue of section 52(2) of this Act which appoints a day for the coming into force of any of the preceding provisions of this section may contain such transitional provisions as the Secretary of State considers appropriate in connection with the coming into force of the provision in question.

Attachment of earnings

39

• (1) At the beginning of paragraph (e) of section 24(2) of the Attachment of Earnings Act 1971 (under which wages of a seaman are not to be treated as earnings for the purposes of that Act unless he is a seaman of a fishing boat) there shall be inserted the words " except in relation to a maintenance order ".

• (2) As respects Scotland, the wages of a seaman of a fishing boat shall cease to be exempt from arrestment and the wages of any other seaman shall cease to be exempt from arrestment under a maintenance order; and in this subsection " maintenance order " means an order of any court or authority enforceable in Scotland for the payment of any periodical or capital sum due or awarded in respect of a marriage or other family relationship.

• (3) Accordingly section 11(1)(a) of the Merchant Shipping Act 1970 (which provides that the wages of a seaman employed in a ship registered in the United Kingdom shall not be subject to attachment or arrestment) shall have effect, as respects England and Wales, subject to the said Act of 1971 as amended by subsection (1) of this sefction and, as respects Scotland, subject to the preceding subsection.

Foreign action affecting shipping

40

• (1) In section 14 of the Merchant Shipping Act 1974 (which relates to foreign action affecting shipping)—

• (a) in subsection (3) (which among other things enables provision to be made for regulating matters mentioned in that subsection) after paragraph (d) there shall be inserted the words " and in this subsection ' regulating ', except in relation to the rates which may or must be charged for carrying goods, includes imposing a prohibition ";

• (b) in subsection (8) (which prohibits the disclosure of information otherwise than with the informant's consent or for the purposes of the section) after paragraph (c) there shall be inserted the words

or (d) in pursuance of a Community obligation to a Community institution

;

• (c) in subsection (11) (which defines expressions used in that section) after the words " United Kingdom " there shall be inserted the words " and ' agency or authority of a foreign government' includes any undertaking appearing to the Secretary of State to be, or to be acting on behalf of, an undertaking which is in effect owned or controlled (directly or indirectly) by a State other than the United Kingdom "; and

• (d) after that subsection there shall be inserted the following subsection—

(11A) A recital in an order under this section that the persons who have adopted, or propose to adopt, the measures or practices in question are a foreign government, or an agency or authority of a foreign government, shall be conclusive.

• (2) In paragraph 2 of Schedule 4 to the said Act of 1974 (which relates to the making of orders under subsection (3)(d) of section 14) after sub-paragraph (3) there shall be inserted the following sub-paragraph—

(4) Nothing in this paragraph prejudices subsection (6) of the principal section..

Application of Merchant Shipping Acts to certain structures etc.

41

• (1) The Secretary of State may by order provide that a thing designed or adapted for use at sea and described in the order is or is not to be treated as a ship for the purposes of any provision specified in the order of the Merchant Shipping Acts or the Prevention of Oil Pollution Act 1971 or an instrument made by virtue of any of those Acts ; and such an order may—

• (a) make different provision in relation to different occasions;

• (b) if it provides that a thing is to be treated as a ship for the purposes of a provision specified in the order, provide that the provision shall have effect in relation to the thing with such modifications as are so specified.

• (2) Where the Secretary of State proposes to make an order in pursuance of the preceding subsection it shall be his duty, before he makes the order, to consult such persons about the proposal as appear to him to represent the persons in the United Kingdom who he considers are likely to be affected by the order.

Offences

Alteration of time for certain summary prosecutions

42

• (1) Subsection (1) of section 683 of the Merchant Shipping Act 1894 (which prevents convictions in summary proceedings in the United Kingdom for certain offences unless the proceedings are begun within the times limited by that subsection) shall not apply to summary proceedings for an indictable offence ; and at the end of that subsection there shall be inserted the words " and, in the case of a summary conviction, before the expiration of three years beginning with the date on which the offence was committed ".

• (2) The said subsection (1) shall not prevent a conviction for an offence in summary proceedings begun before the expiration of three years beginning with the date on which the offence was committed and before—

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

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

• (3) For the purposes of the preceding subsection—

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

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

• (4) Section 18 of the Criminal Law Act 1977 (which among other things contains a provision for England and Wales which corresponds to the first provision in subsection (1) of this section) shall not apply to an offence under the Merchant Shipping Acts; but nothing in the preceding provisions of this section, except subsection (1), applies to an offence committed before this section comes into force.

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

• (a) in subsection (2)(a) for the words from "Secretary" to " knowledge " there shall be substituted the words " Lord Advocate considers is sufficient to justify a prosecution for the offence came to his knowledge, or, where such evidence is reported to him by the Secretary of State, the expiration of the period of six months beginning with the day when it came to the knowledge of the Secretary of State ";

• (b) in subsection (3)(a) and (b) for the words " Secretary of State" there shall be substituted the words " Lord Advocate or the Secretary of State, as the case may be. ".

Alteration of penalties

43

• (1) A person guilty of an offence under any of the enactments mentioned in the first column of Part I, II, III or IV of Schedule 6 to this Act (which among other things relate to the matters mentioned in the second column of those Parts and provide for maximum fines on summary conviction of from £2 to £50 in the case of enactments mentioned in Part I of that Schedule, from £5 to £100 in the case of enactments mentioned in Part II of that Schedule and from £5 to £400 in the case of enactments mentioned in Parts III and IV of that Schedule) shall be liable on summary conviction to a fine not exceeding—

• (a) £50 if the enactment is mentioned in the said Part I;

• (b) £200 if the enactment is mentioned in the said Part II;

• (c) £500 if the enactment is mentioned in the said Part III; and

• (d) £1,000 if the enactment is mentioned in the said Part IV,

instead of the fine to which he would be liable for the offence apart from this subsection.

• (2) A person guilty of an offence under any of the enactments mentioned in the first column of Part V of that Schedule (which among other things relate to the matters mentioned in the second column of that Part and provide for maximum fines of from £20 to £1,000 on summary conviction and in some cases for a fine on conviction on indictment) shall be liable—

• (a) on conviction on indictment to a fine; and

• (b) on summary conviction to a fine not exceeding £1,000,

instead of the fine to which he would be liable for the offence apart from this subsection.

• (3) The enactments mentioned in Parts VI and VII of that Schedule (which provide for various penalties for the offences under the Merchant Shipping Acts and the Prevention of Oil Pollution Act 1971 which are mentioned in those Parts) shall have effect with the amendments specified in those Parts.

• (4) If it appears to the Secretary of State that the maximum amount of a fine on summary conviction for the time being specified in a provision of the Merchant Shipping Acts or the Prevention of Oil Pollution Act 1971 should be altered in consequence of a change in the value of money since 17th July 1978 or, if the amount has been altered in pursuance of this subsection, since it was last so altered, he may by order provide that the provision shall have effect with the substitution for the amount aforesaid of an amount specified in the order which he considers is justified by the change; and such an order may provide that paragraph (b) of section 680(1) of the Merchant Shipping Act 1894 (which as amended by the said Part VII provides that certain offences made punishable by a fine not exceeding £1,000 can only be prosecuted summarily) and section 703 of that Act (which as so amended provides for penalties and jurisdiction in Scotland) shall have effect with the substitution for the amounts for the time being specified in that paragraph and the said section 703 of the different amounts specified in the order.

• (5) An order under subsection (1) of section 61 of the Criminal Law Act 1977 (which enables the sums specified in certain enactments to be altered in consequence of changes in the value of money) in respect of the prescribed sum mentioned in section 28 of that Act and an order under section 289D(1) of the Criminal Procedure (Scotland) Act 1975 (which makes corresponding provision for Scotland) shall not apply to a sum specified in a provision of the Acts mentioned in the preceding subsection.

• (6) Nothing in any of the preceding provisions of this section or an order under subsection (4) of this section applies to an offence committed before the provision or, as the case may be, the order comes into force.

Offence in respect of dangerously unsafe ship

44

• (1) If—

• (a) a ship in a port in the United Kingdom ; or

• (b) a ship registered in the United Kingdom which is in any other port,

is, having regard to the nature of the service for which the ship is intended, unfit by reason of the condition of the ship's hull, equipment or machinery or by reason of undermanning or by reason of overloading or improper loading to go to sea without serious danger to human life, then, subject to the following subsection, the master and the owner of the ship shall each be guilty of an offence and liable on conviction on indictment to a fine and on summary conviction to a fine not exceeding £50.000.

• (2) It shall be a defence in proceedings for an offence under the preceding subsection to prove that at the time of the alleged offence—

• (a) arrangements had been made which were appropriate to ensure that before the ship went to sea it was made fit to do so without serious danger to human life by reason of the matters aforesaid which are specified in the charge; or

• (b) it was reasonable not to have made such arrangements.

• (3) No proceedings for an offence under subsection (1) of this section shall be begun—

• (a) in England and Wales, except by or with the consent of the Secretary of State or the Director of Public Prosecutions;

• (b) in Northern Ireland, except by or with the consent of the Secretary of State or the Director of Public Prosecutions for Northern Ireland.

• (4) Section 457 of the Merchant Shipping Act 1894 (under which it is an offence to send an unseaworthy ship to sea) shall cease to have effect.

Amendment of certain offences provisions of Merchant Shipping Act 1970

45

• (1) In section 27(1) of the Merchant Shipping Act 1970 (which among other things penalises certain acts and omissions by the master or a member of the crew of a ship which are likely to cause the loss or destruction of or serious damage to the ship)—

• (a) for the words " or any member of the crew of " there shall be substituted the words " of or any seaman employed in "; and

• (b) after the words " to the ship " in paragraph (a) and the words " preserve the ship " in paragraph (b) there shall be inserted the words " or its machinery, navigational equipment or safety equipment ".

• (2) In section 28 of that Act (under which a seaman employed in a ship commits an offence if while on duty he is under the influence of drink or a drug to such an extent that his capacity to carry out his duties is impaired) for the word " ship " there Shall be substituted the words " fishing vessel " , for the words " on duty " there shall be substituted die words " on board the vessel " and for the words " his duties " there shall be substituted the words " the duties of his employment ".

• (3) In section 95(1)(a) of that Act, (which among other things provides that section 30 of that Act, of which paragraph (c)(iii) penalises combinations by seamen to impede the ship, does not apply to fishing vessels) for the words " 30 and " there shall be substituted the words " and 30(a) and (b), sub-paragraphs (i) and (ii) of section 30(c) and sections ".

Offences by officers of bodies corporate

46

• (1) Where such an offence as is mentioned in section 23(6), 28(1) or 44(1) of this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

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

Supplemental

Power to extend Act to certain countries etc.

47

• (1) Her Majesty may by Order in Council provide that any provision of this Act which is mentioned in the following subsection and specified in the Order and any instrument so specified which is in force under that provision shall, with such modifications (if any) as are so specified—

• (a) extend to a relevant country so specified as part of the law of the country ; or

• (b) apply to ships registered in a relevant country so specified and to masters and seamen employed in the ships as they apply to ships registered in the United Kingdom and to masters and seamen employed in them ; or

• (c) extend and apply as aforesaid.

• (2) The provisions of this Act referred to in the preceding subsection are sections 21 to 52 (except sections 33, 34, 36, 38, 42 to 44 and this section) and Schedule 7 (except so far as it relates to the Pilotage Act 1913); and in that subsection " a relevant country " means a country mentioned in section 15(1) of this Act.

• (3) Any statutory instrument made by virtue of subsection (1) of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Application to hovercraft

48

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

Orders and regulations

49

• (1) Any power to make an order or regulations conferred on the Secretary of State by this Act shall be exercisable by statutory instrument

• (2) Section 738 of the Merchant Shipping Act 1894 (which among other things provides for the publication in the London Gazette, the laying before Parliament and the alteration and revocation of Orders in Council made under that Act or any Act amending that Act) shall not apply to an Order in Council made under this Act.

• (3) No order shall be made in pursuance of section 3(1), 4(2), 8(5), 10(3) or 34(3) of this Act and no regulations relating to an international agreement which has not been laid before Parliament before the passing of this Act shall be made in pursuance of section 21(1) (b) of this Act unless a draft of the order or regulations has been approved by resolution of each House of Parliament.

• (4) Any statutory instrument containing an order made by virtue of section 2(3), 41(1) or 43(4) of this Act or paragraph 11 of Part II of Schedule 3 or paragraph 3 or 5 of Part II of Schedule 4 to this Act or containing regulations made by virtue of section 11(2)(a), 21(1), 22(3), 23(1), 25(4) or 30(2) of this Act (except regulations made by virtue of section 21(1) of which a draft has been approved as mentioned in the preceding subsection) shall be subject to annulment in pursuance of a resolution by either House of Parliament.

• (5) Any statutory instrument containing an order made by virtue of paragraph 8(1) of Part II of Schedule 4 to this Act shall be laid before Parliament after being made.

Interpretation and repeals

50

• (1) This Act shall be construed as one with the Merchant Shipping Acts.

• (2) In this Act—

• " the Commission " means the Pilotage Commission;

• " contravention " includes failure to comply ;

• " functions " includes powers and duties ;

• " the Merchant Shipping Acts " means the Merchant Shipping Acts 1894 to 1977 and, except in sections 22(3)(a) and 37(5) of this Act and the preceding subsection, this Act; and

• " modifications" includes additions, omissions and alterations, and related expressions shall be construed accordingly.

• (3) Section 4 of the Aliens Restriction (Amendment) Act 1919 (which prohibits an alien from holding a pilotage certificate for a pilotage district in the United Kingdom except in certain cases) shall cease to have effect.

• (4) The enactments mentioned in the first and second columns of Schedule 7 to this Act are hereby repealed to the extent specified in the third column of that Schedule; but nothing in Part I of that Schedule shall affect the operation of any enactment in relation to such an occurrence as mentioned in section 19(4) of this Act.

Expenses etc.

51

• (1) There shall be paid out of money provided by Parliament—

• (a) any administrative expenses incurred by a Minister of the Crown or a government department under this Act; and

• (b) any increase attributable to this Act in the sums which, under any other Act, are payable out of money so provided.

• (2) The Treasury shall be entitled to charge a reasonable fee for any certificate given by or on behalf of the Treasury in pursuance of any provision contained in subsection (2) or (4)(c) of section 38 of this Act or paragraph 4 of Part III of Schedule 3 or paragraph 7 of Part II of Schedule 4 to this Act.

• (3) Any fees received by a Minister of the Crown by virtue of this Act shall be paid into the Consolidated Fund.

Citation and commencement

52

• (1) This Act may be cited as the Merchant Shipping Act 1979 and this Act and the Merchant Shipping Acts 1894 to 1977 may be cited together as the Merchant Shipping Acts 1894 to 1979.

• (2) This Act shall come into force on such day as the Secretary of State may appoint by order, and different days may be appointed in pursuance of this subsection for different provisions of this Act or for different purposes of the same provision.

SCHEDULE 1

Tenure of members

1

Subject to paragraphs 2 to 4 of this Schedule, a person shall hold and vacate office as a Commissioner or the Chairman in accordance with the terms of the instrument appointing him to that office.

2

A person shall not be appointed as a Commissioner and a Commissioner shall not be appointed as the Chairman for a term of more than three years ; but a person may be reappointed as a Commissioner and a Commissioner may be reappointed as the Chairman on or after the date on which he ceases to be a Commissioner or, as the case may be, ceases to be the Chairman.

3

• (1) A person may at any time resign his office as a Commissioner or the Chairman by giving to the Secretary of State a notice in writing signed by that person and stating that he resigns that office.

• (2) If the Chairman ceases to be a Commissioner he shall cease to be the Chairman.

4

If the Secretary of State is satisfied that a Commissioner—

• (a) has been absent from the meetings of the Commission for a period longer than six consecutive months without the permission of the Commission ; or

• (b) is incapacitated by physical or mental illness ; or

• (c) is otherwise unable or unfit to discharge the functions of a Commissioner,

the Secretary of State may declare his office as a Commissioner to be vacant and shall notify the declaration in such manner as the Secretary of State thinks fit; and thereupon the office shall become vacant

Remuneration of members

5

The Commission shall pay to each Commissioner such remuneration and allowances as the Secretary of State may determine with the consent of the Minister for the Civil Service.

6

Where a person ceases to be a Commissioner otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances which make it right for that person to receive compensation, the Secretary of State may with the consent of the Minister for the Civil Service direct the Commission to make to that person a payment of such amount as the Secretary of State may determine with the consent of the said Minister ; and it shall be the duty of the Commission to comply with the direction.

Proceedings

7

The quorum of the Commission and the arrangements relating to meetings of the Commission shall be such as the Commission may determine.

8

• (1) A Commissioner who is in any way directly or indirectly interested in a contract made or proposed to be made by the Commission, or in any other matter whatsoever which falls to be considered by the Commission, shall disclose the nature of his interest at a meeting of the Commission and the disclosure shall be recorded in the minutes of the meeting; and the Commissioner shall not—

• (a) in the case of a contract, take part in any deliberation or decision of the Commission with respect to the contract; and

• (b) in the case of any other matter, take part in any decision of the Commission with respect to the matter if the Commission decides that the interest in question might affect prejudicially the Commissioner's consideration of the matter.

• (2) A notice given by a Commissioner at a meeting of the Commission to the effect that he is a member or employee of a specified company or firm and is to be regarded as interested in any contract which is made after the date of the notice with the company or firm shall, for the purposes of the preceding sub-paragraph, be a sufficient disclosure of his interest in relation to any contract so made.

• (3) A Commissioner need not attend in person at a meeting of the Commission in order to make a disclosure which he is required to make under this paragraph if he takes reasonable steps to secure that the disclosure is made by a notice which is taken into consideration and read at such a meeting.

9

The validity of any proceedings of the Commission shall not be affected by any vacancy among the Commissioners or by any defect in the appointment of a Commissioner.

Staff

10

The Commission may employ such persons as it considers are needed to assist the Commission in the performance of its functions and may pay to them such remuneration and allowances as the Commission considers appropriate.

11

The Commission may—

• (a) pay, to or in respect of persons formerly employed by the Commission, pensions, allowances or gratuities of such amounts as the Commission may determine ;

• (b) make such payments towards the provision of any of the said benefits as the Commission may determine;

• (c) maintain such schemes as the Commission may determine, whether contributory or not, for the payment of any of the said benefits.

12

If a person employed by the Commission becomes a Commissioner and was by reference to his employment by the Commission a participant in a pension scheme maintained by the Commission in pursuance of the preceding paragraph, the Commission may determine that his service as a Commissioner shall be treated for the purposes of the scheme as service as an employee of the Commission.

Instruments

13

The fixing of the common seal of the Commission shall be authenticated by the signature of the Chairman or of another Commissioner authorised by the Commission to authenticate it.

14

A document purporting to be duly executed under the seal of the Commission shall be received in evidence and shall, unless the contrary is proved, be deemed to be so executed.

Interpretation

15

In the preceding provisions of this Schedule " the Chairman " and " a Commissioner " mean respectively the chairman of the Commission and a member of the Commission.

SCHEDULE 2

1

In paragraph (h) of section 7(1) (which enables a pilotage order to provide that pilotage shall become or cease to be compulsory in specified areas subject to provision being also made for the payment of compensation to the pilots concerned in certain cases where pilotage ceases to be compulsory) for the words from the beginning to " also made " there shall be substituted the words " make provision as to the circumstances in which pilotage in a pilotage district is to be compulsory, subject to provision being also made, in a case where pilotage ceases to he compulsory in connection with the rearrangement of the district, ".

2

Section 8(2) (which relates to pilotage districts and authorities as they were constituted at the passing of the Pilotage Act 1913 and is spent) shall cease to have effect.

3

Section 9 (which provides for the appointment of a committee to give advice to the Secretary of State about the performance of his functions under the Pilotage Act 1913) shall cease to have effect

4

Section 10(1) (which relates to areas in which pilotage was and was not compulsory at the passing of the Pilotage Act 1913 and is spent) shall cease to have effect.

5

• (1) In paragraphs (k), (l), (m) and (p) of section 17(1) (which among other things provide for byelaws relating to pilotage certificates for masters and mates) before the words " mates " and " mate " wherever they occur there shall be inserted the word " first ".

• (2) In section 17 (which authorises a pilotage authority to make byelaws for the purposes mentioned in subsection (1) of that section) after subsection (3) there shall be inserted the following subsection—

(4) A byelaw may make different provision for different circumstances.

6

In section 18 (of which paragraphs (a) to (c) specify the persons who may make objections to or proposals for a byelaw relating to a port) at the end of paragraph (c) there shall be inserted the words

or (d) the Pilotage Commission;

.

7

In section 20(4) (which penalises a person who fails to return a pilot's licence as required by that section) after the word " fails " mere shall be inserted the words " without reasonable excuse ".

8

• (1) In section 23(1) (which provides for the grant of pilotage certificates to masters and mates of ships except in the cases mentioned in the proviso)—

• (a) before the word " mate " wherever it occurs there shall be inserted the word " first ";

• (b) in paragraph (a) of the proviso (which prohibits the grant of a pilotage certificate to a person who is not a British subject except in special cases) for the words " except in the cases for which special provision is made by this Act" there shall be substituted the words " or a national of a member State of the Economic Community other than the United Kingdom and the ship is registered under the law of a member State of the Economic Community "; and

• (c) after paragraph (b) of the proviso there shall be inserted the words

; and (c) In any district where a byelaw is in force prohibiting the grant of a pilotage certificate in respect of a vessel of a description specified in the byelaws, the pilotage authority shall not grant a certificate in respect of such a vessel

;

but nothing in paragraph (b) of this sub-paragraph affects the validity or prevents the renewal of any pilotage certificate which, immediately before the day when that paragraph comes into force, is in force in respect of a ship which is not registered under the law of a member State of the Economic Community.

• (2) In section 23(3) (which provides that a pilotage certificate shall not be in force for more than one year but may be renewed annually) after the word " may " there shall be inserted the words " if held by the master or first mate of a ship ".