Merchant Shipping Act 1995

Public Health Act (Northern Ireland) 1967 (c. 36 (N.I.))

39

In section 32 of the Public Health Act (Northern Ireland) 1967, in the definition of “vessel”, for “in the Merchant Shipping Act 1894” substitute “ “ship” in the Merchant Shipping Act 1995 ”.

Consular Relations Act 1968 (c. 18)

40

In the Consular Relations Act 1968—

• (a) in section 13(3), in paragraph (b), for “Merchant Shipping Acts 1894 to 1967” substitute “ Merchant Shipping Act 1995 ”; and

• (b) in section 15, for “685 or section 686 of the Merchant Shipping Act 1894” substitute “ 280 or section 281 of the Merchant Shipping Act 1995 ”.

Countryside Act 1968 (c. 41)

41

In section 13(6)(a) of the Countryside Act 1968, for “Merchant Shipping Act 1894” substitute “ Merchant Shipping Act 1995 ”.

Hovercraft Act 1968 (c. 59)

42

In section 1(1)(i) of the Hovercraft Act 1968—

• (a) in sub-paragraph (ii), for the words after “1924” substitute “ sections 185 and 186 of the Merchant Shipping Act 1995 so far as those sections relate to property on board a ship ”; and

• (b) in sub-paragraph (iii), for the words after “hovercraft” (where it occurs last) substitute “ sections 185 and 186 of the Merchant Shipping Act 1995 ”.

Sea Fisheries Act 1968 (c. 77)

43

In the Sea Fisheries Act 1968—

• (a) in section 8(6)—

• (i) for “418 of the Merchant Shipping Act 1894” substitute “ 85 of the Merchant Shipping Act 1995 ”;

• (ii) for “723(1) of that Act (enforcement)” substitute “ 257 of the Merchant Shipping Act 1995 (powers to require production of ships documents) ”;

• (iii) for “subsection” substitute “ section ”; and

• (iv) for “723(2)” substitute “ 257 ”.

• (b) in section 17, for “72 of the Merchant Shipping Act 1906 (wreck brought within the limits of the United Kingdom)” substitute “ 236(1) of the Merchant Shipping Act 1995 (delivery of wreck to receiver) ”, and for “Merchant Shipping Act 1894” substitute “ Merchant Shipping Act 1995 ”; and

• (c) in section 19(1)—

• (i) for the definitions of “British fishing boat” and “foreign fishing boat” substitute—

“British fishing boat” means a fishing boat which either is registered in the United Kingdom under Part II of the Merchant Shipping Act 1995 or is wholly British-owned;

and

• (ii) in the appropriate places insert—

“foreign fishing boat” means any fishing boat other than a British fishing boat;

and

“wholly British-owned” means wholly owned by persons qualified to own British ships for the purposes of Part II of the Merchant Shipping Act 1995;

.

Harbours Act (Northern Ireland) 1970 (c. 1 (N.I.))

44

In Part II of Schedule 1 to the Harbours Act (Northern Ireland) 1970, in paragraph 7, for “section 2 of the Merchant Shipping (Liability of Shipowners and Others) Act 1900” substitute “ section 191 of the Merchant Shipping Act 1995 ”.

Carriage of Goods by Sea Act 1971 (c. 19)

45

• (1) The Carriage of Goods by Sea Act 1971 shall be amended as follows (“the Rules” meaning the Rules set out in the Schedule to that Act).

• (2) Section 1 shall continue to have effect with the addition, after “1968”, of “ and by the Protocol signed at Brussels on 21st December 1979 ”.

• (3) After section 1 insert the following section—

(1A) (1) For the purposes of Article IV of the Rules the value on a particular day of 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— (a) for that day; or (b) if no sum has been so fixed for that day, for the last day before that day for which a sum has been so fixed. (2) A certificate given by or on behalf of the Treasury stating— (a) that a particular sum in sterling has been fixed as aforesaid for a particular day; or (b) that no sum has been so fixed for a particular 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 particular day, shall be conclusive evidence of those matters for the purposes of subsection (1) above; and 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) The Treasury may charge a reasonable fee for any certificate given in pursuance of subsection (2) above, and any fee received by the Treasury by virtue of this subsection shall be paid into the Consolidated Fund.

• (4) For section 6(4) substitute—

(4) It is hereby declared that for the purposes of Article VIII of the Rules section 186 of the Merchant Shipping Act 1995 (which entirely exempts shipowners and others in certain circumstances for loss of, or damage to, goods) is a provision relating to limitation of liability.

• (5) Article IV of the Rules shall continue to have effect with the following amendments—

• (a) for “the equivalent of 10,000 francs” substitute “ 666.67 units of account ”;

• (b) for “30 francs per kilo” substitute “ 2 units of account per kilogramme ”; and

• (c) for paragraph 5(d) substitute—

(d) The unit of account mentioned in this Article is the special drawing right as defined by the International Monetary Fund. The amounts mentioned in sub-paragraph (a) of this paragraph shall be converted into national currency on the basis of the value of that currency on a date to be determined by the law of the Court seized of the case.

• (6) Article 4, paragraph 5(d) of the Rules shall continue to have effect as if the date there mentioned were the date of the judgment in question.

• (7) Article X of the Rules shall continue to have effect as if references to a Contracting State included references to a State that is a contracting State in respect of the Rules without the amendments made by the Protocol signed at Brussels on 21st December 1979 as well as to one that is a contracting State in respect of the Rules as so amended, and section 2 shall have effect accordingly.

Attachment of Earnings Act 1971 (c. 32)

46

In section 24(3) of the Attachment of Earnings Act 1971, for the words following “above” substitute—

“fishing boat” means a vessel of whatever size, and in whatever way propelled, which is for the time being employed in sea fishing or in the sea-fishing service; “seaman” includes every person (except masters and pilots) employed or engaged in any capacity on board any ship; and “wages” includes emoluments.

Industry Act 1972 (c. 63)

47

In section 12(2)(a) of the Industry Act 1972, for “1 of the Merchant Shipping Act 1965” substitute “ 19 of the Merchant Shipping Act 1995 ”.

Education (Work Experience) Act 1973 (c. 23)

48

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Fishery Limits Act 1976 (c. 86)

49

In section 8 of the Fishery Limits Act 1976—

• (a) for the definition of “foreign fishing boat” substitute—

“foreign fishing boat” means a fishing boat which is not— (a) registered in the United Kingdom, the Channel Islands or the Isle of Man; or (b) wholly British-owned;

and

• (b) in the appropriate place insert—

“wholly British-owned” means wholly owned by persons qualified to own British fishing boats for the purposes of Part II of the Merchant Shipping Act 1995;

.

Aircraft and Shipbuilding Industry Act 1977 (c. 3)

50

In paragraph 5(1)(a) of Schedule 2 to the Aircraft and Shipbuilding Industry Act 1977 for “Merchant Shipping Act 1894” substitute “ Merchant Shipping Act 1995 ”.

Rates (Northern Ireland) Order 1977 (S.I. 1977/2157 (NI 28))

51

In the Rates (Northern Ireland) Order 1977—

• (a) in Schedule 4, in the definition of “vessel”, for “meaning assigned to it by section 742 of the Merchant Shipping Act 1894” substitute “ same meaning as “ship” in the Merchant Shipping Act 1995 ”; and

• (b) in Schedule 11, in paragraph 6, for “section 731 of the Merchant Shipping Act 1894” substitute “ section 221(1) of the Merchant Shipping Act 1995 ”.

Judicature (Northern Ireland) Act 1978 (c. 23)

52

In section 46 of the Judicature (Northern Ireland) Act 1978, after subsection (3) insert the following subsection—

(3A) Sections 280, 281 and 282 of the Merchant Shipping Act 1995 (offences on ships and abroad by British citizens and others) apply in relation to other offences under the law of Northern Ireland as they apply in relation to offences under that Act or instruments under that Act.

Customs and Excise Management Act 1979 (c. 2)

53

• (1) The Customs and Excise Management Act 1979 shall be amended as follows.

• (2) In section 1(1)—

• (a) in the definition of “British ship”, for the words from “Merchant Shipping Act 1894” to the end substitute “ Merchant Shipping Act 1995 ”;

• (b) in the definition of “tons register”, for “Merchant Shipping Act 1894” substitute “ Merchant Shipping Act 1995 ”.

• (3) In section 81(7), for “not being a fishing vessel registered under the Merchant Shipping (Registration, etc.) Act 1993” substitute “ not being a fishing vessel registered under Part II of the Merchant Shipping Act 1995 ”.

Hydrocarbon Oil Duties Act 1979 (c. 5)

54

In section 19(1)(a) of the Hydrocarbon Oil Duties Act 1979, for “fishing boat register under the Merchant Shipping Act 1894” substitute “ register of British ships under the Merchant Shipping Act 1995 ”.

Magistrates’ Courts Act 1980 (c. 43)

55

After section 3 of the Magistrates’ Courts Act 1980 insert the following section—

(3A) Sections 280, 281 and 282 of the Merchant Shipping Act 1995 (offences on ships and abroad by British citizens and others) apply in relation to other offences under the law of England and Wales as they apply in relation to offences under that Act or instruments under that Act.

Education (Scotland) Act 1980 (c. 44)

56

In section 123(2)(b) of the Education (Scotland) Act 1980, for “(when it comes into force) section 51(1) of the Merchant Shipping Act 1970” substitute “ section 55(1) of the Merchant Shipping Act 1995 ”.

Private Streets (Northern Ireland) Order 1980 (S.I. 1980/1086 (NI 12))

57

In Article 2(2) of the Private Streets (Northern Ireland) Order 1980, in the definition of “industrial undertaking”, for “vessel as defined in section 742 of the Merchant Shipping Act 1894” substitute “ ship as defined in the Merchant Shipping Act 1995 ”.

Animal Health Act 1981 (c. 22)

58

In the Animal Health Act 1981—

• (a) in section 49(4), for paragraph (a) substitute—

(a) “master”, “owner” and “port” have the same meanings as in the Merchant Shipping Act 1995, and “vessel” has the same meaning as “ship” in the Merchant Shipping Act 1995; and

; and

• (b) in section 65—

• (i) in subsection (3), for “692 of the Merchant Shipping Act 1894” substitute “ 284 of the Merchant Shipping Act 1995 ”; and

• (ii) in subsection (4)(a), for “1894 Act” substitute “ 1995 Act ”.

Senior Courts Act 1981 (c. 54)

59

• (1) The Senior Courts Act 1981 shall be amended as follows.

• (2) In section 20—

• (a) in subsection (3)—

• (i) in paragraph (a), for the words after “under” substitute “ the Merchant Shipping Act 1995 ”;

• (ii) in paragraph (c), for “Merchant Shipping Acts 1894 to 1979” substitute “ Merchant Shipping Act 1995 ”;

• (b) in subsection (5)—

• (i) in paragraph (a), for “the Merchant Shipping (Oil Pollution) Act 1971” substitute “ Chapter III of Part VI of the Merchant Shipping Act 1995 ”;

• (ii) in paragraph (b), for the words following “falling on the” substitute “ International Oil Pollution Compensation Fund, or on the International Oil Compensation Fund 1984, under Chapter IV of Part VI of the Merchant Shipping Act 1995. ”;

• (c) in subsection (6)(a), for “section 1 of the Merchant Shipping Salvage and Pollution Act 1994” substitute “ section 224 of the Merchant Shipping Act 1995 ”;

• (d) in subsection (7), for “Merchant Shipping Acts 1894 to 1979” substitute “ Merchant Shipping Act 1995 ”.

• (3) In section 24—

• (a) in subsection (1)—

• (i) in the definition of “collision regulations”, for the words after “means” substitute “ safety regulations under section 85 of the Merchant Shipping Act 1995 ”; and

• (ii) in the definition of “master”, for “Merchant Shipping Act 1894” substitute “ Merchant Shipping Act 1995 ”;

• (b) in subsection (2), in paragraph (b), for “552 of the Merchant Shipping Act 1894” substitute “ 226 of the Merchant Shipping Act 1995 ”.

• (4) After section 46 insert the following section—

(46A) (1) Sections 280, 281 and 282 of the Merchant Shipping Act 1995 (offences on ships and abroad by British citizens and others) apply in relation to other offences under the law of England and Wales as they apply in relation to offences under that Act or instruments under that Act.

Judgments Enforcement (Northern Ireland) Order 1981 (S.I. 1981/226 (NI 6))

60

In the Judgments Enforcement (Northern Ireland ) Order 1981—

• (a) in Article 3(5)(f), for “section 11(1) of the Merchant Shipping Act 1970” substitute “ section 34(1) of the Merchant Shipping Act 1995 ”;

• (b) in Article 3(6), for “Merchant Shipping Act 1894” substitute “ Merchant Shipping Act 1995 ”;

• (c) in Article 97(2), for “section 11(1) of the Merchant Shipping Act 1970” substitute “ section 34(1)(a) of the Merchant Shipping Act 1995 ”.

Clean Air (Northern Ireland) Order 1981 (S.I. 1981/158 (NI 14))

61

In Article 29(6) of the Clean Air (Northern Ireland) Order 1981, in the definition of “Government ship”, for “section 80 of the Merchant Shipping Act 1906” substitute “ the Merchant Shipping Act 1995 ”.

Diseases of Animals (Northern Ireland) Order 1981 (S.I. 1981/1115 (NI 22))

62

In Article 48(3) of the Diseases of Animals (Northern Ireland) Order 1981, for “section 692 of the Merchant Shipping Act 1894” substitute “ section 284 of the Merchant Shipping Act 1995 ”.

Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (NI 26))

63

After Article 17 of the Magistrates’ Courts Order 1981 insert the following Article—

(17A) Sections 280, 281 and 282 of the Merchant Shipping Act 1995 (offences on ships and abroad by British citizens and others) apply in relation to other offences under the law of Northern Ireland as they apply in relation to offences under that Act or instruments under that Act.

Civil Aviation Act 1982 (c. 16)

64

In the Civil Aviation Act 1982—

• (a) in section 75(6), for “530 to 537 of the Merchant Shipping Act 1894 or any enactment amending those sections” substitute “ 245 to 247 and sections 252 to 254 of the Merchant Shipping Act 1995 ”;

• (b) in section 86(2), for “Merchant Shipping Act 1894” substitute “ Merchant Shipping Act 1995 ”; and

• (c) in section 97(6), in the definition of “conservancy authority” and “harbour authority”, for “meanings assigned to them by section 742 of the Merchant Shipping Act 1894” substitute “ the same meaning as in the Merchant Shipping Act 1995 ”.

Oil and Gas (Enterprise) Act 1982 (c. 23)

65

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Civil Jurisdiction and Judgments Act 1982 (c. 27)

66

In the Civil Jurisdiction and Judgments Act 1982—

• (a) in section 31(3), for “13(3) of the Merchant Shipping (Oil Pollution) Act 1971” substitute “ 166(4) of the Merchant Shipping Act 1995 ”; and

• (b) in section 32(4)(a)—

• (i) omit “section 13(3) of the Merchant Shipping (Oil Pollution) Act 1971,”;

• (ii) for “section 6(4) of the Merchant Shipping Act 1974” substitute “ section 177(4) of the Merchant Shipping Act 1995 ”.

Civic Government (Scotland) Act 1982 (c. 45)

67

In section 38(4)(a) of the Civic Government (Scotland) Act 1982, for “Merchant Shipping Acts 1894 to 1981” substitute “ Merchant Shipping Act 1995 ”.

British Fishing Boats Act 1983 (c. 8)

68

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Public Health (Control of Disease) Act 1984 (c. 22)

69

In the Public Health (Control of Disease) Act 1984—

• (a) in section 53(a) of the definition of “canal boat”, for “Merchant Shipping Acts 1894 to 1983” substitute “ Merchant Shipping Act 1995 ”; and

• (b) in section 74, in the definition of “vessel”, for “in the Merchant Shipping Act 1894” substitute “ “ship” in the Merchant Shipping Act 1995 ”.

Inshore Fishing (Scotland) Act 1984 (c. 26)

70

In section 9(1) of the Inshore Fishing (Scotland) Act 1984—

• (a) for the definition of “British fishing boat” substitute—

• “British fishing boat” means a fishing boat which either is registered under Part II of the Merchant Shipping Act 1995 or is wholly British-owned

; and

• (b) in the appropriate place insert—

“wholly British-owned” means wholly owned by persons qualified to own British ships for the purposes of Part II of the Merchant Shipping Act 1995;

.

Road Traffic Regulation Act 1984 (c. 27)

71

In section 133(1) of the Road Traffic Regulation Act 1984, for “Part IV of the Merchant Shipping Act 1894” substitute “ Part IX of the Merchant Shipping Act 1995 ”.

County Courts Act 1984 (c. 28)

72

• (1) The County Courts Act 1984 shall be amended as follows.

• (2) In section 27—

• (a) in subsection (3)(a), for “section 1 of the Merchant Shipping (Salvage and Pollution) Act 1994” substitute “ section 224 of the Merchant Shipping Act 1995 ”; and

• (b) in subsection (5), for “Merchant Shipping Acts 1894 to 1983” substitute “ Merchant Shipping Act 1995 ”.

• (3) In section 30(1)(c), for the words after “ships” substitute “ with safety regulations under section 85 of the Merchant Shipping Act 1995 ”.

• (4) In section 31—

• (a) in subsection (1), in the definition of “master”, for “Merchant Shipping Act 1894” substitute “ Merchant Shipping Act 1995 ”;

• (b) in subsection (2)(b), for “552 of the Merchant Shipping Act 1894” substitute “ 226 of the Merchant Shipping Act 1995 ”.

Repatriation of Prisoners Act 1984 (c. 47)

73

In section 5(6) of the Repatriation of Prisoners Act 1984, in the definition of “British ship”, for “Merchant Shipping Act 1894” substitute “ Merchant Shipping Act 1995 ”.

Dangerous Vessels Act 1985 (c. 22)

74

In section 2(b) of the Dangerous Vessels Act 1985, for “Merchant Shipping (Liability of Shipowners and Others) Act 1900” substitute “ section 191 of the Merchant Shipping Act 1995 (which limits the liability of harbour, conservancy, dock and canal authorities) ”.

Food and Environment Protection Act 1985 (c. 48)

75

In section 24(1) of the Food and Environment Protection Act 1985—

• (a) in the definition of “British vessel”, for “Merchant Shipping Act 1894” substitute “ Merchant Shipping Act 1995 ”;

• (b) in the definition of “vessel”, for “it by section 742 of the Merchant Shipping Act 1894”, substitute “ “ship” by the Merchant Shipping Act 1995 ”.

Protection of Military Remains Act 1986 (c. 35)

76

In section 9 of the Protection of Military Remains Act 1986, in the definition of “British-controlled ship”, for “Merchant Shipping Act 1894” substitute “ Merchant Shipping Act 1995 ”.

Wages Act 1986 (c. 48)

77

In section 30(3) of the Wages Act 1986, for “Merchant Shipping Act 1970” substitute “ Part III of the Merchant Shipping Act 1995 ”.

Petroleum Act 1987 (c. 12)

78

In section 23(8) of the Petroleum Act 1987, for “16(2) of the Merchant Shipping Act 1974” substitute “ 88(4) of the Merchant Shipping Act 1995 ”.

Debtors (Scotland) Act 1987 (c. 18)

79

In section 73(4) of the Debtors (Scotland) Act 1987—

• (a) in paragraph (a), for “section 742 of the Merchant Shipping Act 1894” substitute “ section 313 of the Merchant Shipping Act 1995 ”; and

• (b) in paragraph (b), for the words from “has” to the end substitute

means any ship which is for the time being employed in sea fishing or in the sea fishing service, and includes any ship which is both— (i) engaged in whale fisheries off the coast of Scotland; and (ii) registered under the Merchant Shipping Act 1995

.

Pilotage Act 1987 (c. 21)

80

In the Pilotage Act 1987—

• (a) in section 22—

• (i) in subsection (3), for “Schedule 4 to the Merchant Shipping Act 1979” substitute “ Schedule 7 to the Merchant Shipping Act 1995 ”;

• (ii) in subsection (7), for “17 or is excluded under section 18 of the Merchant Shipping Act 1979” substitute “ 185 or is excluded under section 186 of the Merchant Shipping Act 1995 ”; and

• (b) in section 31(1)—

• (i) in the definition of “master”, for “Merchant Shipping Act 1894” substitute “ Merchant Shipping Act 1995 ”;

• (ii) in the definition of “pilot”, for “has the same meaning as in the Merchant Shipping Act 1894” substitute “ means any person not belonging to a ship who has the conduct thereof ”.

Channel Tunnel Act 1987 (c. 53)

81

In Part III of Schedule 7 to the Channel Tunnel Act 1987, in paragraph 1(2), in the definition of “the Trinity House”, for “742 of the Merchant Shipping Act 1894” substitute “ 223 of the Merchant Shipping Act 1995 ”.

Norfolk and Suffolk Broads Act 1988 (c. 4)

82

In section 25(1) of the Norfolk and Suffolk Broads Act 1988, in subsection (1), in the definition of “Trinity House”, for “742 of the Merchant Shipping Act 1894” substitute “ 223 of the Merchant Shipping Act 1995 ”.

Local Government Finance Act 1988 (c. 41)

83

In Schedule 5 to the Local Government Finance Act 1988, in paragraph 12(2), for “731 of the Merchant Shipping Act 1894” substitute “ 221(1) of the Merchant Shipping Act 1995 ”.

Copyright, Designs and Patents Act 1988 (c. 48)

84

In the Copyright, Designs and Patents Act 1988—

• (a) in section 162(2), in the definition of “British ship”, for “Merchant Shipping Acts (see section 2 of the Merchant Shipping Act 1988)” substitute “ Merchant Shipping Act 1995 ”; and

• (b) in section 210(2), in the definition of “British ship”, for “Merchant Shipping Acts (see section 2 of the Merchant Shipping Act 1988)” substitute “ Merchant Shipping Act 1995 ”.

Road Traffic Act 1988 (c. 52)

85

In section 144(2)(c) of the Road Traffic Act 1988, for “Merchant Shipping Act 1894” substitute “ Merchant Shipping Act 1995 ”.

Wages (Northern Ireland) Order 1988 (S.I. 1988/796 (NI 7))

86

In Article 26(3) of the Wages (Northern Ireland) Order 1988, for “the Merchant Shipping Act 1970” substitute “ Part III of the Merchant Shipping Act 1995 ”.

Criminal Justice (International Co-operation) Act 1990 (c. 5)

87

In section 5(7) of the Criminal Justice (International Co-operation) Act 1990, in the definition of “British ship”, for “Merchant Shipping Acts 1894 to 1988” substitute “ Merchant Shipping Act 1995 ”.

Aviation and Maritime Security Act 1990 (c. 31)

88

• (1) The Aviation and Maritime Security Act 1990 shall be amended as follows.

• (2) In section 14(3), for “686 or 687 of the Merchant Shipping Act 1894” substitute “ 281 or 282 of the Merchant Shipping Act 1995 ”.

• (3) In section 15(8), in the definition of “master”, for “Merchant Shipping Act 1894” substitute “ Merchant Shipping Act 1995 ”.

• (4) In section 35(4), for “692 of the Merchant Shipping Act 1894” substitute “ 284 of the Merchant Shipping Act 1995 ”.

• (5) In section 45—

• (a) in subsection (7)(a), for “section 59(1) of the Merchant Shipping Act 1894” substitute “ registration regulations ”; and

• (b) in subsection (10), for the words following “provisions” substitute “ mean Part II of the Merchant Shipping Act 1995, or any Order in Council under section 1 of the Hovercraft Act 1968. ”.

• (6) In section 46(1)—

• (a) in the definition of “British ship”—

• (i) in paragraph (a), for “Part I of the Merchant Shipping Act 1894, section 5 of the Merchant Shipping Act 1983, Part II of the Merchant Shipping Act 1988” substitute “ Part II of the Merchant Shipping Act 1995 ”;

• (ii) in paragraph (b), for “Part I of the Merchant Shipping Act 1894” substitute “ Part II of the Merchant Shipping Act 1995 ”; and

• (b) in the definition of “master”, for “Merchant Shipping Act 1894” substitute “ Merchant Shipping Act 1995 ”.

Water Industry Act 1991 (c. 56)

89

In the Water Industry Act 1991—

• (a) in section 121(6), for “Merchant Shipping Act 1894” substitute “ Merchant Shipping Act 1995 ”; and

• (b) in section 219(1), in the definition of “harbour authority”, for “the Prevention of Oil Pollution Act 1971” substitute “ Chapter II of Part VI of the Merchant Shipping Act 1995 ”.

Water Resources Act 1991 (c. 57)

90

In section 221(1) of the Water Resources Act 1991—

• (a) in the definition of “harbour”, for “the Merchant Shipping Act 1894” substitute “ section 313 of the Merchant Shipping Act 1995 ”; and

• (b) in the definition of “harbour authority”, for “the Merchant Shipping Act 1894” substitute “ section 313 of the Merchant Shipping Act 1995 ”, and for “within the meaning of the Prevention of Oil Pollution Act 1971” substitute “ as defined in section 151 for the purposes of Chapter II of Part VI of that Act ”.

Land Drainage Act 1991 (c. 59)

91

In the Land Drainage Act 1991—

• (a) in section 12(7), for “the Prevention of Oil Pollution Act 1971” substitute “ Chapter II of Part VI of the Merchant Shipping Act 1995 ”;

• (b) in section 72(1)—

• (i) in the definition of “conservancy authority”, for “the Prevention of Oil Pollution Act 1971” substitute “ Chapter II of Part VI of the Merchant Shipping Act 1995 ”; and

• (ii) in the definitions of “harbour” and “harbour authority”, for “Merchant Shipping Act 1894” substitute “ Merchant Shipping Act 1995 ”.

Dangerous Vessels (Northern Ireland) Order 1991 (S.I. 1991/1219 (NI 10))

92

In Article 4(b) of the Dangerous Vessels (Northern Ireland) Order 1991, for “Merchant Shipping (Liability of Shipowners and Others) Act 1900” substitute “ section 191 of the Merchant Shipping Act 1995 (which limits the liability of harbour, conservancy, dock and canal authorities) ”.

Judicial Pensions and Retirement Act 1993 (c. 8)

93

In the Judicial Pensions and Retirement Act 1993—

• (a) in section 26(8)(c), for “52 of the Merchant Shipping Act 1970” substitute “ 61 of the Merchant Shipping Act 1995 ”;

• (b) in Schedule 5, in the entry for a “Wreck commissioner”, for “82 of the Merchant Shipping Act 1970” substitute “ 297(1) of the Merchant Shipping Act 1995 ”; and

• (c) in Schedule 7, in paragraph 5(5)(xxxiii), for “82 of the Merchant Shipping Act 1970” substitute “ 297(1) of the Merchant Shipping Act 1995 ”.

Clean Air Act 1993 (c. 11)

94

In the Clean Air Act 1993—

• (a) in section 46(6), in the definition of “Government ship”, for “section 80 of the Merchant Shipping Act 1906” substitute “ the Merchant Shipping Act 1995 ”; and

• (b) in section 64(1), in the definition of “vessel”, for “in the Merchant Shipping Act 1894” substitute “ “ship” in the Merchant Shipping Act 1995 ”.

Value Added Tax Act 1994 (c. 23)

95

In section 33(3)(h), for “Part XI of the Merchant Shipping Act 1894” substitute “ Part VIII of the Merchant Shipping Act 1995 ”.

SCHEDULE 14

Extra-territorial provisions

1

• (1) Without prejudice to section 315(1), the repeals made by this Act shall not affect the law in force in any country or territory which is outside the United Kingdom.

• (2) In particular, the repeal of section 735 of the Merchant Shipping Act 1894 shall not affect the power of Her Majesty in Council to confirm any legislation made by the legislature of a British possession under that section as it extends to that possession.

• (3) The provisions of this Act (including the repeal of any power by Order in Council to extend any enactment to a relevant British possession) or of any enactment which has been so extended, do not extend to any such possession except in so far as they are extended to that possession by an Order in Council under section 315(2) of this Act.

References to registration in other legislation

2

Any reference in an enactment in any other Act (not amended by Schedule 13), or in any instrument made under any other Act to the registration of a ship (or fishing vessel) under—

• (a) Part I of the Merchant Shipping Act 1894,

• (b) section 5 of the Merchant Shipping Act 1983,

• (c) section 13 of the Merchant Shipping Act 1988, or

• (d) section 1 of the Merchant Shipping (Registration, etc.) Act 1993,

shall be construed, unless the context otherwise requires, as, or as including, a reference to registration under Part II of this Act; and connected phrases shall be construed accordingly.

Qualifications: certificates of A.B.

3

• (1) A seaman engaged in any United Kingdom ship shall not be rated as A.B. unless he is the holder of a certificate of competency granted in pursuance of regulations under this paragraph.

• (2) The Secretary of State may make regulations providing for the grant of certificates of competency as A.B. for the purposes of this paragraph.

• (3) The regulations shall direct that no certificate shall be granted to any person unless—

• (a) he has reached such minimum age as may be prescribed;

• (b) he has performed such qualifying service at sea as may be prescribed; and

• (c) he has passed such examination as may be prescribed.

• (4) The regulations may make such consequential provisions as appear to the Secretary of State to be necessary or expedient, including provision—

• (a) for the payment of prescribed fees in respect of any application for the grant or replacement of a certificate;

• (b) for applying section 104 of the Merchant Shipping Act 1894 (offences) to certificates, subject to such adaptations and modifications as may be prescribed.

• (5) Where provision is made by the law of any Commonwealth country for the grant of certificates of competency as A.B, and the Secretary of State is satisfied that the conditions under which such a certificate is granted require standards of competency not lower than those required for the grant of a certificate under the regulations, Her Majesty may by Order in Council direct that certificates granted in that country shall have the same effect for the purposes of this paragraph as if they had been granted under the regulations; and any such Order may apply to any such certificate any of the provisions of the regulations.

• (6) Any Order in Council under sub-paragraph (5) above shall be laid before Parliament after being made.

• (7) Any superintendent or other officer before whom a seaman is engaged in any United Kingdom ship shall refuse to enter the man as A.B. on the crew agreement unless the seaman produces a certificate or such other proof that he is the holder of such a certificate as may appear to the superintendent or other officer to be satisfactory.

• (8) In this paragraph—

• “certificate” means a certificate of competency under the regulations;

• “prescribed” means prescribed by the regulations; and

• “the regulations” means regulations under this paragraph.

Manning: certificates existing in 1979

4

• (1) The power to make regulations under section 47 includes power to make regulations providing that pre-1979 certificates shall, except in such cases as are specified in the regulations, be deemed for the purposes of such of the provisions of Part III 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.

• (2) In this paragraph “pre-1979 certificate” means a certificate granted under section 93, 99 or 414 of the Merchant Shipping Act 1894, a certificate referred to in an Order in Council made under section 102 of that Act, a certificate granted under section 27(2) of the Merchant Shipping Act 1906 or by an institution approved in pursuance of that subsection and a certificate granted under section 5 of the Merchant Shipping Act 1948.

Masters and seamen: postponed commencements

5

• (1) No provision to which this paragraph applies shall have effect until the Secretary of State by order appoints a day for that provision to come into force.

• (2) This paragraph applies to sections 60, 80(2) and (4), 111, 115, 116, 118, 119(2) and (3), 127, 314(1) so far as it relates to the repeal in the Aliens Restriction (Amendment) Act 1919 or in the Local Government etc. (Scotland) Act 1994.

Masters and seamen and documents: transitory provisions

6

• (1) A provision to which this paragraph applies shall cease to have effect on such day as the Secretary of State by order appoints.

• (2) This paragraph applies to sections 57, 287(1)(a) and 298, paragraph 26 of Schedule 3 and paragraph 3 of this Schedule.

Safety provisions: saving of instruments, etc

7

• (1) Notwithstanding the repeal by the Merchant Shipping (Registration, etc.) Act 1993 of the following provisions, instruments in force before the repeal under the provisions specified in the left-hand column shall continue in force until superseded by safety regulations and the related provisions specified in the right-hand column shall continue in force for the purposes of those instruments:

Empowering provision	Related provisions
1894 Act: section 427	— Section 430.
1949 Act: section 3	— Sections 3(5) and (6) and 28.
section 21	— Section 21(3).
1964 Act: section 2	— —
1967 Act (c.64): section 1	— Section 1(2) and (3).
1977 Act: section 2	— —

• (2) The Secretary of State may exempt any ships or classes of ships from any requirements of the rules for life-saving appliances or the radio rules, either absolutely or subject to such conditions as he thinks fit.

In this sub-paragraph—

• “the rules for life-saving appliances” means rules under section 427 of the 1894 Act saved by sub-paragraph (1) above; and

• “the radio rules” means rules under section 3 of the 1949 Act saved by that sub-paragraph.

Oil pollution: saving for certain transitional provisions

8

Notwithstanding the repeal of section 38 of the Merchant Shipping Act 1979 any transitional provisions included by virtue of subsection (6) of that section in a commencement order under section 52(2) of that Act shall continue to have effect.

Lighthouses: dependencies

9

• (1) Section 193(5) shall cease to have effect on such day or days as the Secretary of State by order appoints.

• (2) Until that day, the powers of the Trinity House under Part VIII with respect to lighthouses, buoys and beacons in the islands of Guernsey or Jersey other than their powers under sections 204 and 220 shall not be exercised without the consent of Her Majesty in Council.

• (3) Until that day, no dues for any lighthouse, buoy or beacon erected or placed in or near the islands of Guernsey, Jersey, Sark or Alderney shall be levied in the islands of Guernsey or Jersey without the consent of the States of those Islands respectively.

• (4) Any Order in Council under sub-paragraph (2) above shall be laid before Parliament.

• (5) There shall continue to be paid out of the General Lighthouse Fund under section 211 any expenditure incurred by the Government of the United Kingdom in pursuance of the arrangement made with the Government of Sri Lanka on 27th February 1976 for the transfer of certain lighthouses off the coast of that country.

Lighthouses: Scotland

10

Prior to the commencement of paragraph 7 of Schedule 13 to the Local Government etc. (Scotland) Act 1994, Schedule 8 shall have effect as if—

• (a) in paragraph 1(2), in head (a), for the words from “conveners” to “Bute” there were substituted “ chairmen of the Inverness and Argyll district councils ”;

• (b) in paragraph 2(1), for the words “convener of any” there were substituted “ chairmen of any district ”; and

• (c) paragraph 5 were omitted.

Wreck and salvage: Cinque ports

11

Nothing in Part IX shall prejudice or affect any jurisdiction or powers of the Lord Warden or any officers of the Cinque ports or of any court of those ports or of any court having concurrent jurisdiction within the boundaries of those ports; and disputes as to salvage arising without those boundaries shall, subject to the Salvage Convention as set out in Schedule 11, be determined in the manner in which they have been hitherto determined.

Wreck: Liability for damage in case of plundered vessel in Scotland

12

Prior to the commencement of paragraph 1 of Schedule 13 to the Local Government etc. (Scotland) Act 1994, section 235(4) shall have effect as if for the words “constituted under section 2 of the Local Government etc. (Scotland) Act 1994” there were substituted “ of the regional or islands area ”.

Behring Sea Award

13

Nothing in this Act shall affect the Behring Sea Award Act 1894.

Table of Derivations

Notes

1

This Table shows the derivations of the provisions of the Bill.

2

The following abbreviations are used in the Table:—

1894	= Merchant Shipping Act 1894 (c. 60)
1900	= Merchant Shipping (Liability of Shipowners and others) Act 1900 (c. 32)
1906	= Merchant Shipping Act 1906 (c. 48)
1911 MC	= Maritime Conventions Act 1911 (c. 57)
1970 FV	= Fishing Vessels (Safety Provisions) Act 1970 (c. 27)
1970	= Merchant Shipping Act 1970 (c. 36)
1971	= Merchant Shipping (Oil Pollution) Act 1971 (c. 59)
1971 POP	= Prevention of Oil Pollution Act 1971 (c. 60)
1974	= Merchant Shipping Act 1974 (c. 43)
1979	= Merchant Shipping Act 1979 (c. 39)
1981	= Merchant Shipping Act 1981 (c. 10)
1982 CJ	= Criminal Justice Act 1982 (c. 48)
1984	= Merchant Shipping Act 1984 (c. 5)
1988	= Merchant Shipping Act 1988 (c. 12)
1993	= Merchant Shipping (Registration etc) Act 1993 (c. 22)
1994	= Merchant Shipping (Salvage and Pollution) Act 1994 (c. 28)
1995 SC	= Merchant Shipping (Survey and Certification) Regulations 1995 (S.I. 1995/1210)
---	---

3

By the Transfer of Functions (Trade and Industry) Order 1983, S.I. 1983/1127, the functions of the Secretary of State for Trade (who succeeded to the functions of the Board of Trade under previous Orders) relating to shipping were transferred to the Secretary of State for Transport. This effect on the numerous references to the Board of Trade is not noted in the Table.

4

By Schedule 1, paragraph 1 to the Customs and Excise Management Act 1979 (c. 2) references to the Commissioners of Customs or to officers of customs in pre—1.4.1909 (when the respective Commissioners and their officers were assimilated) enactments became references to the Commissioners of Customs and Excise and officers of customs and excise respectively. This effect is not noted in the Table.

5

Schedule 4, paragraph 2 of the 1993 Act effected general changes in the terminology used in the Merchant Shipping Acts. These included—

• (a) assimilating “ship” and “vessel” so that generally only “ship” is used;

• (b) enabling use to be made in the many contexts where the provision has one or other of these meanings of the expressions “United Kingdom waters” and “national waters”; and

• (c) substituting its “equipment” for the tackle, equipments, furniture or apparel of a ship.

These changes in terminology are not noted against the numerous provisions affected.

6

The general conversion of then-existing fines in terms of amounts of money into levels on the standard scale effected by section 46 of the Criminal Justice Act 1982 (c. 48) is not noted in the Table against the numerous provisions affected by the conversion; nor is the general increase in summary penalties effected in pre-1949 enactments by section 31(6) of the Criminal Law Act 1977 (c. 45). But specific alterations are noted.

7

As regards offences, paragraph 74 of Schedule 4 to the 1993 Act made three changes. These were—

• (a) the substitution of “intentionally” for “wilfully”;

• (b) the substitution of “permitting” for “suffering” or “allowing” a thing to be done; and

• (c) the substitution of “excuse” for “cause” in the expression “reasonable cause”.

These are not noted against the provisions affected.

8

Section 1(1)(c) of the Merchant Shipping (Mercantile Marine Fund) Act 1898 (c. 44) translated all references to that Fund into references to the General Lighthouse Fund constituted by that section. These are not noted in the Table against the numerous provisions affected.