LegalizeMerchant Shipping Act 1988 (repealed)
Part I — Registration of British Ships
Preliminary
Effect of Part I and interpretation
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British ships
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Persons qualified to be owners of British ships
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Registration under Part I of 1894 Act
Entitlement to registration under Part I of 1894 Act
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Representative persons
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Refusal of registration
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Power of Secretary of State to direct removal from the register
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Offences relating to furnishing of information, and duty to comply with directions
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Duty of owner of registered ship to secure termination of any overseas registration
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Amendments of Part I of 1894 Act
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Registration in overseas territories
Regulation of registration in overseas territories by reference to categories of registries
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Part II — Registration of British Fishing Vessels
Preliminary
Interpretation of Part II, etc
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New system of registration for fishing vessels
Separate registration of fishing vessels
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Eligibility for registration as British fishing vessel
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Grant or refusal of applications for registration of fishing vessels
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Termination of registration where vessel is not eligible for registration or is not certificated
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Consequences of termination of registration by virtue of s.16
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Registration of property in fishing vessels
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Transfers et ceteralaetc. of registered vessels
Transfer of vessel or share by bill of sale
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Transmission of property in vessel or share other than under s.19
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Mortgages of registered vessels
Mortgages of registered vessels
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Unregistered fishing vessels
Offences relating to, and liabilities of, unregistered fishing vessels
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Supplemental
Notification of changes in ownership etc., and offences relating to furnishing of information
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Penalties for offences under s. 22 or 23 and other provisions relating to such offences
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Application of other enactments, etc
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Part III — Miscellaneous Provisions relating to Merchant Shipping etc.
Financial assistance
Financial assistance in respect of costs of training merchant navy officers and ratings
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Financial assistance in respect of crew relief costs
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The Merchant Navy Reserve
Establishment of the Merchant Navy Reserve
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Supplementary provisions relating to Merchant Navy Reserve
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Safety of navigation, oil pollution et ceteralaetc.
Owner and master liable in respect of dangerously unsafe ship
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Owner liable for unsafe operation of ship
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Conduct endangering ships, structures or individuals
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Investigation of marine accidents
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Liability and compensation for oil pollution damage
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Regulation of transfers between ships in territorial waters
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Amendments of Coast Protection Act 1949 relating to safety of navigation
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Licensing of tidal works by harbour authorities
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Protection of shipping interests
Amendments of Part III of Merchant Shipping Act 1974
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Power to prohibit provision of coastal shipping services which are not British-based
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Enforcement of s. 39
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Financing and administration of lighthouse service
Joint discharge of functions by general lighthouse authorities
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Borrowing powers in connection with lighthouse expenditure
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Payment out of General Lighthouse Fund of certain expenses of Secretary of State
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Inquiries
Power to summon witness to inquiry into fitness or conduct of officer or other seaman
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Procedure where inquiry into fitness or conduct of officer or other seaman is held by sheriff
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Crew agreements
Payment of wages on termination of crew agreement
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Miscellaneous
Application of Merchant Shipping Acts to ships chartered by demise to the Crown
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Miscellaneous amendments of Merchant Shipping Acts
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Part IV — General
Application to hovercraft
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Application to unregistered ships
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Offences by officers of bodies corporate
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Disclosure of information to Secretary of State by other government departments
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Regulations
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Notices under Parts I and II
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Financial provisions
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Extension of Act to overseas territories
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Interpretation, minor and consequential amendments and repeals
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Citation, commencement, transitional provisions and extent
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SCHEDULE 1
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SCHEDULE 2
Interpretation
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Regulations: general provisions
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Provisional registration
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Transfers of registration
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Offences
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Operation of regulations in territorial waters
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Discharge of functions by persons appointed by Secretary of State
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Construction of references in other enactments to fishing vessels excluded from registration
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SCHEDULE 3
Interpretation
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In this Schedule—
- “mortgage” shall be construed in accordance with paragraph 2(2) below;
- “registered mortgage” means a mortgage registered in pursuance of paragraph 2(3) below; and
- “registered vessel” means a vessel registered otherwise than in pursuance of paragraph 2(c) of Schedule 2.
Mortgages of registered vessels
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- (1) Any registered vessel or share in a registered vessel may be made a security for the repayment of a loan or the discharge of any other obligation.
- (2) The instrument creating any such security (referred to in this Schedule as a mortgage) shall be in such form as is prescribed or approved by the Secretary of State.
- (3) Where a mortgage executed in accordance with sub-paragraph (2) is produced to the Secretary of State, he shall—
- (a) register the mortgage by causing it to be recorded in the register, and
- (b) endorse on it the fact that it has been recorded, together with the date and time when it was recorded.
- (4) Mortgages shall be registered under sub-paragraph (3) in the order in which they are produced to the Secretary of State for the purposes of registration.
Priority of registered mortgages
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Where two or more mortgages are registered in respect of the same vessel or share, the priority of the mortgagees between themselves shall (subject to paragraph 4) be determined by the order in which the mortgages were registered (and not by reference to any other matter).
Notices by intending mortgagees
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- (1) Where any person who is an intending mortgagee under a proposedmortgage of—
- (a) a registered vessel, or
- (b) a share in a registered vessel,
notifies the Secretary of State in writing of the interest which it is intended that he should have under the proposed mortgage, the Secretary of State shall cause that interest to be recorded in the register.
- (2) Where any person who is an intending mortgagee under a proposed mortgage of—
- (a) a fishing vessel which is not for the time being a registered vessel, or
- (b) a share in any such vessel,
notifies the Secretary of State in writing of the interest which it is intended that he should have under the proposed mortgage and furnishes him with such particulars of that vessel as may be prescribed, the Secretary of State—
- (i) shall cause that interest to be recorded in the register, and
- (ii) if the vessel is subsequently registered (otherwise than in pursuance of paragraph 2(c) of Schedule 2), shall cause the vessel to be registered subject to that interest or, if the mortgage has by then been executed in accordance with paragraph 2(2) and produced to the Secretary of State, subject to that mortgage.
- (3) In a case where—
- (a) paragraph 3 operates to determine the priority between two or moremortgagees, and
- (b) any of those mortgagees gave a notification under sub-paragraph (1) or (2) above with respect to his mortgage,
paragraph 3 shall have effect in relation to that mortgage as if it had been registered at the time when the relevant entry was made in the register under sub-paragraph (1) or (2) above.
- (4) Any notification given by a person under sub-paragraph (1) or (2) (and anything done as a result of it) shall cease to have effect—
- (a) if the notification is withdrawn, or
- (b) at the end of the period of 30 days beginning with the date of the notification, unless the notification is renewed in accordance with sub-paragraph (5).
- (5) The person by whom any such notification is given may renew or further renew the notification, on each occasion for a period of 30 days, by notice in writing given to the Secretary of State—
- (a) before the end of the period mentioned in sub-paragraph (4)(b), or
- (b) before the end of the current period of renewal,
as the case may be.
- (6) Any notification or notice purporting to be given under this paragraph (and anything done as a result of it) shall not have any effect if the Secretary of State determines that it was not validly given.
Registered mortgagee’s power of sale
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- (1) Subject to sub-paragraph (2), every registered mortgagee shall have power, if the mortgage money or any part of it is due, to sell the vessel or share in respect of which he is registered, and to give effectual receipts for the purchase money.
- (2) Where two or more mortgagees are registered in respect of the same vessel or share, a subsequent mortgagee shall not, except under an order of a court of competent jurisdiction, sell the vessel or share without the concurrence of every prior mortgagee.
Transfer of registered mortgage
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- (1) A registered mortgage may be transferred by an instrument made in such form as is prescribed or approved by the Secretary of State.
- (2) Where any such instrument is produced to the Secretary of State, he shall—
- (a) cause the name of the transferee to be entered in the register as mortgagee of the vessel or share in question, and
- (b) endorse on the instrument the fact that that entry has been made, together with the date and time when it was made.
Transmission of registered mortgage by operation of law
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Where the interest of a mortgagee in a registered mortgage is transmitted to any person by any lawful means other than by a transfer under paragraph 6, the Secretary of State shall, on production of such evidence of the transmission as may be prescribed, cause the name of that person to be entered in the register as mortgagee of the vessel or share in question.
Discharge of registered mortgage
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Where a registered mortgage has been discharged, the Secretary of State shall, on production of the mortgage deed with such evidence of the discharge of the mortgage as is prescribed, cause an entry to be made in the register to the effect that the mortgage has been discharged.
Transfer of mortgages from one system of registration to another
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- (1) Regulations may provide—
- (a) for the transfer to the register of undischarged mortgages that have been registered under Part I of the 1894 Act and affect ships registered under that Part of that Act which become registered vessels otherwise than in pursuance of paragraph 4 of Schedule 2 to this Act; and
- (b) for any provisions of this Part to have effect in relation to any such mortgages, or in relation to any mortgages transferred in pursuance of paragraph 4 of that Schedule, subject to such modifications as may be specified in the regulations.
- (2) Regulations may also provide—
- (a) for the transfer to registers kept under Part I of the 1894 Act of undischarged registered mortgages affecting registered vessels which become ships registered under that Part of that Act; and
- (b) for any provisions of that Part of that Act to have effect in relation to any such mortgages subject to such modifications as may be specified in the regulations.
- (3) Without prejudice to the generality of sub-paragraphs (1) and (2)—
- (a) regulations made by virtue of sub-paragraph (1) may make provision, in connection with the transfer of mortgages in pursuance of that sub-paragraph, for the transmission of information relating to such mortgages which is recorded in registers kept under Part I of the 1894 Act, and for the recording of such information in the register kept under this Part; and
- (b) regulations made by virtue of sub-paragraph (2) may make corresponding provision, in connection with the transfer of mortgages in pursuance of that sub-paragraph, for the transmission and recording of information relating to such mortgages which is recorded in the register kept under this Part.
- (4) In this paragraph “regulations” means regulations made under section 13.
SCHEDULE 4
Part I — Amendments of Merchant Shipping (Oil Pollution) Act 1971
1
For section 1 substitute—
(1) (1) Where, as a result of any occurrence, any oil is discharged or escapes from a ship to which this section applies, then (except as otherwise provided by this Act) the owner of the ship shall be liable— (a) for any damage caused outside the ship in the area of the United Kingdom by contamination resulting from the discharge or escape; and (b) for the cost of any measures reasonably taken after the discharge or escape for the purpose of preventing or minimising any damage so caused in the area of the United Kingdom by contamination resulting from the discharge or escape; and (c) for any damage so caused in the area of the United Kingdom by any measures so taken. (2) Where, as a result of any occurrence, there arises a grave and imminent threat of damage being caused outside a ship to which this section applies by contamination resulting from a discharge or escape of oil from the ship, then (except as otherwise provided by this Act) the owner of the ship shall be liable— (a) for the cost of any measures reasonably taken for the purpose of preventing or minimising any such damage in the area of the United Kingdom; and (b) for any damage caused outside the ship in the area of the United Kingdom by any measures so taken; and in this Act any such threat is referred to as a relevant threat of contamination. (3) Subject to subsection (4) of this section, this section applies to any ship constructed or adapted for carrying oil in bulk as cargo. (4) Where any ship so constructed or adapted is capable of carrying other cargoes besides oil, this section shall apply to any such ship— (a) while it is carrying oil in bulk as cargo; and (b) unless it is proved that no residues from the carriage of any such oil remain in the ship, while it is on any voyage following the carriage of any such oil, but not otherwise. (5) Where a person incurs a liability under subsection (1) or (2) of this section he shall also be liable for any damage or cost for which he would be liable under that subsection if the references in it to the area of the United Kingdom included the area of any other Convention country. (6) Where— (a) as a result of any occurrence, a liability is incurred under this section by the owner of each of two or more ships, but (b) the damage or cost for which each of the owners would be liable cannot reasonably be separated from that for which the other or others would be liable, each of the owners shall be liable, jointly with the other or others, for the whole of the damage or cost for which the owners together would be liable under this section. (7) For the purposes of this Act— (a) references to a discharge or escape of oil from a ship are references to such a discharge or escape wherever it may occur, and whether it is of oil carried in a cargo tank or of oil carried in a bunker fuel tank; (b) where more than one discharge or escape results from the same occurrence or from a series of occurrences having the same origin, they shall be treated as one, but any measures taken after the first of them shall be deemed to have been taken after the discharge or escape; and (c) where a relevant threat of contamination results from a series of occurrences having the same origin, they shall be treated as a single occurrence. (8) The Law Reform (Contributory Negligence) Act 1945 and, in Northern Ireland, the Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1948 shall apply in relation to any damage or cost for which a person is liable under this section, but which is not due to his fault, as if it were due to his fault.
2
For section 2 substitute—
(2) No liability shall be incurred by the owner of a ship under section 1 of this Act by reason of any discharge or escape of oil from the ship, or by reason of any relevant threat of contamination, if he proves that the discharge or escape, or (as the case may be) the threat of contamination— (a) resulted from an act of war, hostilities, civil war, insurrection or an exceptional, inevitable and irresistible natural phenomenon; or (b) was due wholly to anything done or omitted to be done by another person, not being a servant or agent of the owner, with intent to do damage; or (c) was due wholly to the negligence or wrongful act of a government or other authority in exercising its function of maintaining lights or other navigational aids for the maintenance of which it was responsible.
3
For section 3 substitute—
(3) (1) Where, as a result of any occurrence— (a) any oil is discharged or escapes from a ship to which section 1 of this Act applies, or (b) there arises a relevant threat of contamination, then, whether or not the owner of the ship in question incurs a liability under section 1 of this Act— (i) he shall not be liable otherwise than under that section for any such damage or cost as is mentioned in it, and (ii) no person to whom this paragraph applies shall be liable for any such damage or cost unless it resulted from anything done or omitted to be done by him either with intent to cause any such damage or cost or recklessly and in the knowledge that any such damage or cost would probably result. (2) Subsection (1)(ii) of this section applies to— (a) any servant or agent of the owner of the ship; (b) any person not falling within paragraph (a) above but employed or engaged in any capacity on board the ship or to perform any service for the ship; (c) any charterer of the ship (however described and including a bareboat charterer), and any manager or operator of the ship; (d) any person performing salvage operations with the consent of the owner of the ship or on the instructions of a competent public authority; (e) any person taking any such measures as are mentioned in subsection (1)(b) or (2)(a) of section 1 of this Act; (f) any servant or agent of a person falling within paragraph (c), (d) or (e) above. (3) The liability of the owner of a ship under section 1 of this Act for any impairment of the environment shall be taken to be a liability only in respect of— (a) any resulting loss of profits, and (b) the cost of any reasonable measures of reinstatement actually taken or to be taken.
4
For section 4 substitute—
(4) (1) Where, as a result of any occurrence, the owner of a ship incurs a liability under section 1 of this Act by reason of a discharge or escape or by reason of any relevant threat of contamination, then (subject to subsection (3) of this section)— (a) he may limit that liability in accordance with the provisions of this Act, and (b) if he does so, his liability (that is to say, the aggregate of his liabilities under section 1 resulting from the occurrence) shall not exceed the relevant amount. (2) In subsection (1) of this section “the relevant amount” means— (a) in relation to a ship not exceeding 5,000 tons, 3 million special drawing rights; (b) in relation to a ship exceeding 5,000 tons, 3 million special drawing rights together with an additional 420 special drawing rights for each ton of its tonnage in excess of 5,000 tons up to a maximum amount of 59.7 million special drawing rights; but the Secretary of State may by order made by statutory instrument make such amendments of paragraphs (a) and (b) above as appear to him to be appropriate for the purpose of giving effect to the entry into force of any amendment of the limits of liability laid down in paragraph 1 of Article V of the Convention. (3) Subsection (1) of this section shall not apply in a case where it is proved that the discharge or escape, or (as the case may be) the relevant threat of contamination, resulted from anything done or omitted to be done by the owner either with intent to cause any such damage or cost as is mentioned in section 1 of this Act or recklessly and in the knowledge that any such damage or cost would probably result. (4) For the purposes of this section a ship’s tonnage shall be its gross tonnage calculated in such manner as may be prescribed by an order made by the Secretary of State by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament. (5) Any such order shall, so far as it appears to the Secretary of State to be practicable, give effect to the regulations in Annex 1 of the International Convention on Tonnage Measurement of Ships 1969.
5
In section 5 (limitation actions), after subsection (6) add—
(7) No lien or other right in respect of any ship or other property shall affect the proportions in which any amount is distributed in accordance with subsection (2)(b) of this section.
6
In section 7 (concurrent liabilities of owners and others), for the words from the beginning to “of that section,” substitute “Where, as a result of any discharge or escape of oil from a ship or as a result of any relevant threat of contamination, the owner of a ship incurs a liability under section 1 of this Act and any other person incurs a liability, otherwise than under that section, for any such damage or cost as is mentioned in subsection (1) or (2) of that section,”.
7
In section 9 (extinguishment of claims), after “escape” insert “, or (as the case may be) in the relevant threat of contamination,”.
8
In section 10 (compulsory insurance against liability for pollution)—
- (a) in subsection (1), omit “persistent”;
- (b) in subsection (3)(c), for the words from “a certificate recognised” onwards substitute “by or under the authority of the government of any Convention country other than the United Kingdom”; and
- (c) omit subsection (4).
9
In section 12 (rights of third parties against insurers)—
- (a) in subsection (1), after “occurring” insert “, or as a result of any relevant threat of contamination arising,”;
- (b) in subsection (2), after “escape” insert “, or (as the case may be) the threat of contamination,”; and
- (c) in subsection (3), for “occurred without the owner’s actual fault or privity” substitute “, or (as the case may be) the threat of contamination, resulted from anything done or omitted to be done by the owner as mentioned in section 4(3) of this Act.”
10
In section 13 (jurisdiction of United Kingdom courts, etc.), for subsection (2) substitute—
(2) Where— (a) any oil is discharged or escapes from a ship but does not result in any damage caused by contamination in the area of the United Kingdom and no measures are reasonably taken to prevent or minimise such damage in that area, or (b) any relevant threat of contamination arises but nomeasures are reasonably taken to prevent or minimise damage caused by contamination in the area of the United Kingdom resulting from a discharge or escape of oil from the ship, no court in the United Kingdom shall entertain any action (whether in rem or in personam) to enforce a claim arising from any relevant damage or cost— (i) against the owner of the ship, or (ii) against any person to whom section 3(1)(ii) of this Act applies, unless any such damage or cost resulted from anything done or omitted to be done as mentioned in that provision. (2A) In subsection (2) of this section “relevant damage or cost” means— (a) in relation to any such discharge or escape as is mentioned in paragraph (a) of that subsection, any damage caused in the area of another Convention country by contamination resulting from the discharge or escape, or any cost incurred in taking measures to prevent or minimise such damage in the area of another Convention country; (b) in relation to any such threat of contamination as is mentioned in paragraph (b) of that subsection, any cost incurred in taking measures to prevent or minimise damage caused by contamination in the area of another Convention country resulting from a discharge or escape of oil from the ship; or (c) any damage caused by any measures taken as mentioned in paragraph (a) or (b) above; and section 3(2)(e) of this Act shall have effect for the purposes of subsection (2)(ii) of this section as if it referred to any person taking any such measures as are mentioned in paragraph (a) or (b) above.
11
In section 14(2) (Government ships), for the words from “Article V” onwards substitute “Article V of the Convention”.
12
In section 15 (liability for cost of preventive measures where section 1 does not apply)—
- (a) for subsection (1)(a) substitute—
(a) after a discharge or escape of oil from a ship, measures arereasonably taken for the purpose of preventing or minimisingdamage in the area of the United Kingdom which may be causedoutside the ship by contamination resulting from the dischargeor escape; and
; and
- (b) after subsection (1) insert—
(1A) Where— (a) after there has arisen a grave and imminent threat of damage being caused outside a ship by contamination resulting from a discharge or escape of oil from the ship, measures are reasonably taken for the purpose of preventing or minimising any such damage in the area of the United Kingdom, but (b) section 1(2) of this Act does not apply, the owner of the ship shall be liable for the cost of the measures, whether or not the person taking them does so for the protection of his interests or in the performance of a duty. (1B) Where a person is, by virtue of subsection (1) or (1A) of this section, liable for the cost of any measures, he shall also be liable for any damage caused in the area of the United Kingdom by those measures.
13
In section 19(1) (meaning of “the Convention” etc.), for the definition of “the Convention” substitute—
“the Convention” means the International Convention on Civil Liability for Oil Pollution Damage 1984;
.
14
For section 20 substitute—
(20) (1) In this Act— - “the court” means the High Court in England and Wales,the Court of Session, or the High Court in NorthernIreland; - “damage” includes loss; - “oil” means persistent hydrocarbon mineral oil; - “owner” means the person or persons registered as the owner of the ship or, in the absence of registration, the person or persons owning the ship, except that, in relation to a ship owned by a State which is operated by a person registered as the ship’s operator, it means the person registered as its operator; - “relevant threat of contamination” shall be construed in accordance with section 1(2) of this Act; - “ship” means any sea-going vessel or sea-borne craft of any type whatsoever. (2) In relation to any damage or cost resulting from the discharge or escape of any oil from a ship, or from a relevant threat of contamination, references in this Act to the owner of the ship are references to the owner at the time of the occurrence or first of the occurrences resulting in the discharge or escape or (as the case may be) in the threat of contamination. (3) References in this Act to the area of any country include the territorial sea of that country and— (a) in the case of the United Kingdom, any area within the British fishery limits set by or under the Fishery Limits Act 1976; and (b) in the case of any other Convention country, the exclusive economic zone of that country established in accordance with international law, or, if such a zone has not been established, such area adjacent to the territorial sea of that country and extending not more than 200 nautical miles from the baselines from which the breadth of that sea is measured as may have been determined by the Convention State in question in accordance with international law.
Part II — Amendments of the Merchant Shipping Act 1974
15
For section 1 substitute—
(1) (1) In this Part of this Act— (a) “the Liability Convention” means the International Convention on Civil Liability for Oil Pollution Damage 1984; (b) “the Fund Convention” means the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1984; (c) “the Fund” means the International Fund established by the Fund Convention; and (d) “Fund Convention country” means a country in respect of which the Fund Convention is in force. (2) If Her Majesty by Order in Council declares that any State specified in the Order is a party to the Fund Convention in respect of any country so specified, the Order shall, while in force, be conclusive evidence that that State is a party to the Convention in respect of that country. (3) In this Part of this Act, unless the context otherwise requires— - “the Act of 1971” means the Merchant Shipping (Oil Pollution) Act 1971; - “damage” includes loss; - “discharge or escape”, in relation to pollution damage, means the discharge or escape of oil from the ship; - “guarantor” means any person providing insurance or other financial security to cover the owner’s liability of the kind described in section 10 of the Act of 1971; - “incident” means any occurrence, or series of occurrences having the same origin, resulting in a discharge or escape of oil from a ship or in a relevant threat of contamination; - “oil”, except in sections 2 and 3, means persistent hydrocarbon mineral oil; - “owner” means the person or persons registered as the owner of the ship or, in the absence of registration, the person or persons owning the ship, except that, in relation to a ship owned by a State which is operated by a person registered as the ship’s operator, it means the person registered as its operator; - “pollution damage” means (subject to subsection (4) below)— damage caused outside a ship by contamination resulting from a discharge or escape of oil from the ship, the cost of preventive measures, and further damage caused by preventivemeasures; - “preventive measures” means any reasonable measures taken by any person to prevent or minimise pollution damage, being measures taken— after an incident has occurred, or in the case of an incident consisting of a series of occurrences, after the first of those occurrences; - “relevant threat of contamination” means a grave and imminent threat of damage being caused outside a ship by contamination resulting from a discharge or escape of oil from the ship; - “ship” means any ship (within the meaning of the Act of 1971) to which section 1 of that Act applies. (4) In this Part of this Act “pollution damage” does not include any damage attributable to any impairment of the environment except to the extent that any such damage consists of— (a) any loss of profits, or (b) the cost of any reasonable measures of reinstatement actually taken or to be taken. (5) For the purposes of this Part of this Act— (a) references to a discharge or escape of oil from a ship are references to such a discharge or escape wherever it may occur, and whether it is of oil carried in a cargo tank or of oil carried in a bunker fuel tank; and (b) where more than one discharge or escape results from the same occurrence or from a series of occurrences having the same origin, they shall be treated as one. (6) References in this Part of this Act to the area of any country include (in addition to its territorial sea)— (a) in the case of the United Kingdom, any area within the British fishery limits set by or under the Fishery Limits Act 1976; and (b) in the case of any other Fund Convention country, the exclusive economic zone of that country established in accordance with international law, or, if such a zone has not been established, such area adjacent to the territorial sea of that country and extending not more than 200 nautical miles from the baselines from which the breadth of that sea is measured as may have been determined by the State in question in accordance with international law; and references to pollution damage in the United Kingdom shall be construed accordingly.
16
In section 2 (contributions by importers of oil and others), in subsection (7), for paragraph (a) substitute—
(a) be of such amount as may be determined by the Director of the Fundunder Article 12 of the Fund Convention and notified to that personby the Fund;
.
17
- (1) Section 4 (liability of the Fund) shall be amended as follows.
- (2) In subsection (1)—
- (a) for “causing the damage” substitute “, or the relevant threat of contamination, by reason of which the damage was caused”; and
- (b) for “left undone” substitute “omitted to be done”.
- (3) For subsections (8) and (9) substitute—
(8) If the Fund proves that the pollution damage resulted wholly or partly— (a) from anything done or omitted to be done with intent to cause damage by the person who suffered the damage, or (b) from the negligence of that person, the Fund may (subject to subsection (9A) below) be exonerated wholly or partly from its obligation to pay compensation to that person. (9) Where the liability under section 1 of the Act of 1971 in respect of the pollution damage is limited to any extent by subsection (8) of that section (contributory negligence), the Fund shall (subject to subsection (9A) below) be exonerated to the same extent. (9A) Subsections (8) and (9) above shall not apply where the pollution damage consists of the cost of preventive measures or any damage caused by such measures.
- (4) Omit subsections (10) to (13).
- (5) After section 4 insert—
(4A) (1) The Fund’s liability under section 4 of this Act shall be subject to the limits imposed by paragraphs 4 and 5 of Article 4 of the Fund Convention (which impose an overall limit on the liabilities of the Fund and the text of which is set out in Schedule 1 to this Act); and in those provisions references to the 1984 Liability Convention are references to the Liability Convention within the meaning of this Part of this Act. (2) A certificate given by the Director of the Fund stating that sub-paragraph (c) of paragraph 4 of Article 4 of the Fund Convention is applicable to any claim under section 4 of this Act shall be conclusive evidence for the purposes of this Part of this Act that it is so applicable. (3) For the purpose of giving effect to paragraphs 4 and 5 of Article 4 of the Fund Convention a court giving judgment against the Fund in proceedings under section 4 of this Act shall notify the Fund, and— (a) no steps shall be taken to enforce the judgment unless and until the court gives leave to enforce it, (b) that leave shall not be given unless and until the Fund notifies the court either that the amount of the claim is not to be reduced under those paragraphs, or that it is to be reduced to a specified amount, and (c) in the latter case the judgment shall be enforceable only for the reduced amount. (4) Any steps taken to obtain payment of an amount or areduced amount in pursuance of such a judgment as is mentioned in subsection (3) above shall be steps to obtain payment in sterling; and— (a) for the purpose of converting such an amount from special drawing rights into sterling one special drawing right shall be treated as equal to such a sum in sterling as the International Monetary Fund have fixed as being the equivalent of one special drawing right for— (i) the relevant day, namely the day on which the Assembly of the Fund decide the date for the first payment of compensation in respect of the incident, or (ii) if no sum has been so fixed for the relevant day, the last day before that day for which a sum has been so fixed; and (b) a certificate given by or on behalf of the Treasury stating— (i) that a particular sum in sterling has been so fixed for the relevant day, or (ii) that no sum has been so fixed for the relevant day and that a particular sum in sterling has been so fixed for a day which is the last day for which a sum has been so fixed before the relevant day, shall be conclusive evidence of those matters for the purposes of this Part of this Act. (5) The Secretary of State may by order made by statutory instrument make such amendments of this section and of Schedule 1 to this Act as appear to him to be appropriate for the purpose of giving effect to the entry into force of any amendment of the provisions set out in that Schedule. (6) Any document purporting to be such a certificate as is mentioned in subsection (2) or (4)(b) above shall, in any legal proceedings, be received in evidence and, unless the contrary is proved, be deemed to be such a certificate.
18
Omit section 5 (indemnification of shipowners).
19
In section 6 (jurisdiction and effect of judgments)—
- (a) in subsection (4), omit “or 5”; and
- (b) in subsection (5)(a), omit “as amended”.
20
In section 7 (extinguishment of claims)—
- (a) in subsection (2), after “escape” insert “, or (as the case may be) in therelevant threat of contamination,”; and
- (b) omit subsection (3).
21
In section 8 (subrogation and rights of recourse)—
- (a) omit subsection (2); and
- (b) for subsection (3) substitute—
(3) In respect of any sum paid under section 4(1)(a) or (c) of this Act (exclusion or limitation of liability for pollution damage) the Fund shall acquire by subrogation any rights of recourse in respect of the damage in question which the recipient has against any person other than the owner or guarantor.
22
After section 8 insert—
(8A) (1) Any proceedings by or against the Fund may either be instituted by or against the Fund in its own name or be instituted by or against the Director of the Fund as the Fund’s representative. (2) Evidence of any instrument issued by any organ of the Fund or of any document in the custody of the Fund, or any entry in or extract from such a document, may be given in any legal proceedings by production of a copy certified as a true copy by an official of the Fund; and any document purporting to be such a copy shall, in any such proceedings, be received in evidence without proof of the official position or handwriting of the person signing the certificate.
23
In section 23(2) (construction etc.), omit the words from “, and references” onwards.
24
For Schedule 1 substitute—
Schedule 1 (4) (a) Except as otherwise provided in sub-paragraphs (b) and (c) of this paragraph, the aggregate amount of compensation payable by the Fund under this Article shall in respect of any one incident be limited, so that the total sum of that amount and the amount of compensation actually paid under the 1984 Liability Convention for pollution damage within the scope of application of this Convention as defined in Article 3 shall not exceed 135 million units of account. (b) Except as otherwise provided in sub-paragraph (c), the aggregate amount of compensation payable by the Fund under this Article for pollution damage resulting from a natural phenomenon of an exceptional, inevitable and irresistible character shall not exceed 135 million units of account. (c) The maximum amount of compensation referred to in sub-paragraphs (a) and (b) shall be 200 million units of account with respect to any incident occurring during any period when there are three Parties to this Convention in respect of which the combined relevant quantity of contributing oil received by persons in the territories of such Parties, during the preceding calendar year, equalled or exceeded 600 million tons. (d) Interest accrued on a fund constituted in accordance with Article V, paragraph 3, of the 1984 Liability Convention, if any, shall not be taken into account for the computation of the maximum compensation payable by the Fund under this Article. (e) The amounts mentioned in this Article shall be converted into national currency on the basis of the value of that currency by reference to the Special Drawing Right on the date of the decision of the Assembly of the Fund as to the first date of payment of compensation. (5) Where the amount of established claims against the Fund exceeds the aggregate amount of compensation payable under paragraph 4, the amount available shall be distributed in such a manner that the proportion between any established claim and the amount of compensation actually recovered by the claimant under this Convention shall be the same for all claimants.
SCHEDULE 5
Merchant Shipping Law Amendment Act 1853 (c. 131)
Omit section 13 (power to commute pensions and grant superannuation allowances).
Merchant Shipping Act 1894 (c. 60)
1
Omit section 463 (survey of ship alleged to be unseaworthy in proceedings for desertion of seaman).
2
In section 531 (power of lighthouse authority to remove wreck), for subsection (2) substitute—
(2) Where a general lighthouse authority have incurred expenses in the exercise of their powers under this section in relation to any vessel, then— (a) if the proceeds of any sale made under section 530 of this Act in connection with the exercise of those powers in relation to the vessel are insufficient to reimburse the authority for the full amount of those expenses, the authority may recover the amount of the deficiency from the relevant person, or (b) if there is no such sale, the authority may recover the full amount of those expenses from the relevant person. (3) Any expenses so incurred which are not recovered by the authority either out of the proceeds of any such sale or in accordance with subsection (2) of this section shall be paid out of the General Lighthouse Fund, but section 660 of this Act shall apply to those expenses as if they were expenses of the authority falling within subsection (1) of that section other than establishment expenses. (4) In this section “the relevant person”, in relation to any vessel, means the owner of the vessel at the time of the sinking, stranding or abandonment of the vessel.
3
At the end of section 546 (salvage of cargo or wreck) add—
(2) In this section “tidal water” means— (a) any waters within the ebb and flow of the tide at ordinary spring tides; or (b) the waters of any dock which is directly, or (by means of one or more other docks) indirectly, connected with any such waters.
;
and the existing provisions of section 546 shall accordingly constitute subsection (1) of that section.
4
In section 634(1)(a) (management of lighthouses etc.), omit “and at Gibraltar”.
5
In section 648 (application and collection of light dues)—
- (a) omit subsection (1); and
- (b) in subsection (2), after “so appointed” insert “or (as the case may be) such of those dues as he is so appointed to collect”.
6
In section 652(4) (inspection of local lighthouses), omit the words from“; and those reports” onwards.
7
For section 658 substitute—
(658) Any expenses incurred by the general lighthouse authorities in connection with the discharge of their functions under this Part of this Act shall be paid out of the General Lighthouse Fund.
8
In section 659 (establishments of general lighthouse authorities)—
- (a) in subsection (1), for “Her Majesty may by Order in Council fix” substitute “the Secretary of State may determine”;
- (b) in subsection (2), for “Her Majesty may by Order in Council fix” substitute “the Secretary of State may determine”; and
- (c) in subsection (3), for “fixed” substitute “determined”.
9
In section 676 (sums payable to Mercantile Marine Fund)—
- (a) in subsection (1)—
- (i) for the words from the beginning to “that fund—” substitute “The following sums (being sums which, in accordance with this subsection as originally enacted, were required to be paid to the former Mercantile Marine Fund) shall be paid into the Consolidated Fund—”,
- (ii) omit paragraph (i), and
- (iii) for paragraph (l) substitute—
(l) any other sums which are by virtue of any enactment (as it has effect in accordance with subsection (1A) of this section) required to be paid into the Consolidated Fund in accordance with this section.
; and
- (b) after subsection (1) insert—
(1A) References (however phrased) in any enactment not contained in this section to the payment of sums into, or to the carrying of sums to the account of, the Mercantile Marine Fund shall be construed as references to the payment of sums into, or to the carrying of sums to the account of, the Consolidated Fund in accordance with this section, and connected phrases shall be construed accordingly.
10
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Merchant Shipping (Mercantile Marine Fund) Act 1898 (c. 44)
For section 1 substitute—
Merchant Shipping Act 1906 (c. 48)
Omit section 52 (provisions with respect to mortgages of ships sold to foreigners).
Merchant Shipping Act 1970 (c. 36)
1
Omit section 23 (power of seamen to complain to master or proper officer about master, other seamen or conditions).
2
In section 30 (continued or concerted disobedience, neglect of duty etc. by seamen), omit paragraphs (a) and (b).
3
In section 42 (trade disputes involving seamen), omit subsection (2).
4
In section 56 (formal investigation into shipping casualty or incident), for subsections (5) and (6) substitute—
(5) The wreck commissioner or sheriff may make such awards as he thinks just with regard to the costs of the investigation and of any parties at the investigation, and with regard to the parties by whom those costs are to be paid; and any such award of the wreck commissioner may, on the application of any party named in it, be made an order of the High Court. (6) Any costs directed by an award to be paid shall be taxable— (a) in the High Court, or (b) where the investigation was held in Scotland, by the auditor of the sheriff court in which it was held and in accordance with the table of fees regulating the taxation of solicitors' accounts. (6A) The wreck commissioner or sheriff shall make a report on the investigation to the Secretary of State.
5
Omit sections 65 and 66 (custody and disposal of property of deceased seamen).
6
After section 75 insert—
(75A) (1) Where under any enactment a document is open to public inspection when in the custody of the Registrar General of Shipping and Seamen— (a) there may be supplied for public inspection a copy or other reproduction of the document instead of theoriginal; but (b) the original shall nevertheless be made available for public inspection if the copy or other reproduction is illegible. (2) Where the Registrar General of Shipping and Seamen destroys any document which has been sent to him under or by virtue of any enactment, and keeps a copy or other reproduction of that document, then— (a) any enactment providing for the document to beadmissible in evidence or open to public inspection, and (b) in the case of a document falling within subsection (1), that subsection, shall apply to the copy or other reproduction as if it were the original. (3) For the purposes of this section, and of section 695(2) of the Merchant Shipping Act 1894 in its application to documents in the custody of the Registrar General of Shipping and Seamen, a copy is to be taken to be the copy of a document notwithstanding that it is taken from a copy or other reproduction of the original.
7
Omit section 89 (return of deserters under reciprocal arrangements).
8
In section 92 (unregistered British ships)—
- (a) omit “British”; and
- (b) after “employed in them,” insert “or shall so extend in such circumstances as may be so specified, in either case”.
9
In section 96 (non-sea-going ships)—
- (a) in subsection (1)—
- (i) after “20,” insert “27, 32 (in its application in relation to section 27),”, and
- (ii) after “60,” insert “76,”; and
- (b) for subsection (2) substitute—
(2) In relation to ships which are not sea-going ships— (a) section 32 of this Act shall (in its application in relation to section 27) have effect as if the words “goes to sea in a ship” were omitted and the words “is on board a ship while it is on a voyage or excursion” were inserted after “to give it”; and (b) section 45 of this Act shall have effect as if for the words “goes to sea or attempts to go to sea” there were substituted the words “goes on a voyage or excursion or attempts to do so” and the words “if in the United Kingdom” were omitted.
Merchant Shipping (Oil Pollution) Act 1971 (c. 59)
In section 10(6) (compulsory insurance against liability for pollution), for “£35,000” substitute “£50,000”.
Merchant Shipping Act 1979 (c. 39)
1
In section 46(1) (offences by officers of bodies corporate), for the words from “such an” to “of this Act” substitute
an offence under— (a) section 23(6) or 28(1) of this Act, or (b) any Order in Council made by virtue of section 20(1) of this Act, or (c) any regulations made by virtue of section 20(4) or 21(1) of this Act,
.
2
In section 49 (orders and regulations), as amended by section 11(3) of the Safety at Sea Act 1986—
- (a) in subsection (4A), at the beginning insert “Except where subsection (4B) of this section applies,”; and
- (b) after that subsection insert—
(4B) Regulations falling within paragraphs (a) to (c) of subsection (4A) of this section, if contained in the same instrument as any regulations requiring to be approved in draft by virtue of that subsection, shall also require to be so approved.
Merchant Shipping Act 1983 (c. 13)
Omit sections 1 to 3 (measurement of small ships for length instead of tonnage).
Merchant Shipping Act 1984 (c. 5)
In section 2 (prohibition notices)—
SCHEDULE 6
Sea Fisheries Act 1868 (c. 45)
For section 26 substitute—
Merchant Shipping Act 1894 (c. 60)
1
In section 459 (power to detain unsafe ships, and procedure for detention)—
- (a) in subsection (1), for the words from “the defective condition” to “improper loading” substitute “any of the matters mentioned in subsection (1A) of this section”;
- (b) after that subsection insert—
(1A) The matters referred to in subsection (1) of this section are— (a) the condition, or the unsuitability for its purpose, of— (i) the ship or its machinery or equipment, or (ii) any part of the ship or its machinery or equipment; (b) undermanning; (c) overloading or unsafe or improper loading; (d) any other matter relevant to the safety of the ship; and the reference in that subsection to proceeding to sea shall, in a case where the service for which the ship is intended consists of going on voyages or excursions that do not involve going to sea, be construed as a reference to going on such a voyage or excursion.
; and
- (c) in subsection (5), for “British register being subsequently closed” substitute “subsequently ceasing to be a British ship”.
2
In section 462 (application to foreign ships of provisions as to detention), for the words from “by reason of” (where first occurring) to “the provisions” substitute “by reason of any of the matters mentioned in section 459(1A) of this Act, the provisions”.
3
In section 692 (enforcing detention of ship), at the end add—
(5) Any reference in this section to proceeding to sea includes a reference to going on a voyage or excursion that does not involve going to sea, and references to sending or taking to sea shall be construed accordingly.
Merchant Shipping Act 1906 (c. 48)
Omit section 51 (power of Commissioners of Customs and Excise to inquire into the title of a registered ship to be registered).
Merchant Shipping (Amendment) Act 1920 (c. 2)
In section 1 (amendment of s.659 of the 1894 Act)—
Contracts of Employment and Redundancy Payments Act (Northern Ireland ) 1965 (c. 19)
In section 6(1)(c) (excluded categories of employees), for the words from “required” to “Act” substitute “registered under Part II of the Merchant Shipping Act 1988”.
Merchant Shipping Act 1965 (c. 47)
In section 1(4) (tonnage regulations), for the words from “section 83” to “the Exchequer” substitute “sections 83 and 676 of the principal Act as require the payment of fees into the Consolidated Fund”.
Sea Fish (Conservation) Act 1967 (c. 84)
In section 1(9) (size limits, etc. for fish), for the words from “exempted” to “that Act)” substitute “excluded from registration by regulations under section 13 of the Merchant Shipping Act 1988 or owned wholly by a person who is (within the meaning of Part I of the Merchant Shipping Act 1894)”.
Sea Fisheries Act 1968 (c. 77)
In section 19(1) (interpretation), in the definition of “British fishing boat”, for the words from “exempted from” to “1894” (where first occurring) substitute “excluded from registration by regulations under section 13 of the Merchant Shipping Act 1988”, and for “so exempted” substitute “so excluded”.
Fishing Vessels (Safety Provisions) Act 1970 (c. 27)
In section 9(1) (interpretation), for the definition of “fishing vessel” substitute—
Merchant Shipping Act 1970 (c. 36)
1
In section 33 (defence of drug taken for medical purposes), after “27” insert “(2)”.
2
In section 56 (formal investigation into shipping casualty)—
- (a) for subsection (1) substitute—
(1) Where any accident has occurred, the Secretary of State may (whether or not an investigation into it has been carried out under section 33 of the Merchant Shipping Act 1988) cause a formal investigation into the accident to be held— (a) if in England, Wales or Northern Ireland, by a wreck commissioner, and (b) if in Scotland, by the sheriff; and in this section “accident” means any accident to which regulations under that section apply or any incident or situation to which any such regulations apply by virtue of subsection (5) of that section. (1A) A wreck commissioner or sheriff holding a formal investigation shall conduct it in accordance with rules under section 58(1) of this Act; and those rules shall require the assistance of one or more assessors and, if any question as to the cancellation or suspension of an officer’s certificate is likely, the assistance of not less than two assessors.
; and
- (b) in subsection (4), for “casualty” substitute “accident”.
3
In section 58(1) (rules as to inquiries etc.), for “55” substitute “56”.
4
In section 67 (application of sections 62 to 66 to masters), for “66” substitute “64”.
5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Fishery Limits Act 1976 (c. 86)
In section 8 (interpretation), in the definition of “foreign fishing boat”, for paragraphs (b) and (c) substitute—
Employment Protection (Consolidation) Act 1978 (c. 44)
In section 144(1)(b) (mariners), for the words from “required to be” to “1894” substitute “registered under Part II of the Merchant Shipping Act 1988”.
Customs and Excise Management Act 1979 (c. 2)
In section 81(7) (power to regulate small craft), for the words from “fishing boat” (where first occurring) to “1894” substitute “fishing vessel registered under Part II of the Merchant Shipping Act 1988”.
Merchant Shipping Act 1979 (c. 39)
1
In section 20(3)(a) (prevention of pollution from ships etc.), for “55” substitute “56”.
2
In section 28(7)(b) (supplementary provisions about inspectors), for “sections 55(2) and” substitute “section”.
3
In section 47(2) (power to extend Act to certain countries, etc.) for “to 44” substitute “, 43”.
4
In paragraph 8 of Part VI of Schedule 6 (miscellaneous penalties on summary conviction)—
- (a) for “, 62(6) and 65(3)” substitute “and 62(6)”; and
- (b) for the words from “, the return” to “deceased seamen” substitute “and the return of seamen left overseas”.
Supreme Court Act 1981 (c. 54)
In section 20(5)(b) (Admiralty jurisdiction of High Court), after “Fund” insert “, or on the International Oil Pollution Compensation Fund 1984,”.
British Fishing Boats Act 1983 (c. 8)
In section 9 (interpretation), in the definition of “British fishing boat”, for the words from “exempted” to “that Act)” substitute “ excluded from registration by regulations under section 13 of the Merchant Shipping Act 1988 or owned wholly by a person who is (within the meaning of Part I of the Merchant Shipping Act 1894)”.
Merchant Shipping Act 1983 (c. 13)
1
In section 5 (registration of small ships)—
- (a) in subsection (5), omit “book”; and
- (b) in subsection (9), for the definition of “fishing vessel” substitute—
- “fishing vessel” means a fishing vessel within the meaning of Part II of the Merchant Shipping Act 1988.
2
In section 9(1) (small ships: amendments of Merchant Shipping Acts), omit “any registered ship measured for length or”.
Merchant Shipping Act 1984 (c. 5)
At the end of Schedule 1 (statutory provisions which are relevant for the purpose of serving notices in connection with safety and other matters), insert—
Inshore Fishing (Scotland) Act 1984 (c. 26)
In section 9(1) (interpretation), in the definition of “British fishing boat”, for the words from “exempted” to “that Act)” substitute “excluded from registration by regulations under section 13 of the Merchant Shipping Act 1988 or owned wholly by a person who is (within the meaning of Part I of the Merchant Shipping Act 1894),”.
Safety at Sea Act 1986 (c. 23)
In section 13(1) (interpretation), for the definition of “fishing vessel” substitute—
SCHEDULE 7
SCHEDULE 8
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3
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4
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5
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part ii
Interpretation of Part II, et ceteralaetc.
30A
Merchant Shipping Law Amendment Act 1853 (c. 131)
Omit section 13 (power to commute pensions and grant superannuation allowances).
Merchant Shipping Law Amendment Act 1894 (c. 60)
1
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2
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3
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5
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7
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8
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9
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Merchant Shipping (Mercantile Marine Fund) Act 1898 (c. 44)
Merchant Shipping Act 1906 (c. 48)
Merchant Shipping Act 1970 (c. 36)
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4
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5
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6
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7
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8
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9
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Merchant Shipping (Oil Pollution) Act 1971 (c. 59)
Merchant Shipping Act 1979 (c. 39)
1
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2
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Merchant Shipping Act 1983 (c. 13)
Omit sections 1 to 3 (measurement of small ships for length instead of tonnage).
Merchant Shipping Act 1984 (c. 5)
In section 2 (prohibition notices)—
Sea Fisheries Act 1868 (c.45)
For section 26 substitute—
Merchant Shipping Act 1894 (c.60)
1
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2
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3
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Merchant Shipping Act 1906 (c.48)
Merchant Shipping (Amendment) Act 1920 (c.2)
In section 1 (amendment of s.659 of the 1894 Act)—
Merchant Shipping Act 1965 (c.47)
Fishing Vessels (Safety Provisions) Act 1970 (c.27)
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Merchant Shipping Act 1970 (c.36)
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4
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Merchant Shipping Act 1979 (c.39)
1
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2
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3
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4
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Supreme Court Act 1981 (c.54)
Merchant Shipping Act 1983 (c.13)
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1
Merchant Shipping Act 1984 (c.5)
Editorial notes
Act repealed (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(r), Sch. 23 para. 26
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