Change 1 Article Choose an article Title and introductory text 1 British ships and United Kingdom ships. 2 British flag. 3 Offences relating to British character of ship. 4 Penalty for carrying improper colours. 5 Duty to show British flag. 6 Duty to declare national character of ship. 7 Proceedings on forfeiture of a ship. 8 Central register of British ships. 9 Registration of ships: basic provisions. 10 Registration regulations. 11 Tonnage ascertained for registration to be tonnage of ship. 12 Tonnage of ships of foreign countries adopting tonnage regulations. 13 Status of certificate of registration. 14 Offences relating to a ship’s British connection. 15 Supplementary provisions as respects fishing vessels. 16 Private law provisions for registered ships and liability as owner. 17 Ships bareboat chartered-in by British charterers. 18 Regulation of registration in British possessions by reference to categories of registries. 19 Tonnage regulations. 20 Proceedings on forfeiture of ship. 21 Disclosure of information relating to registration by other government departments. 22 Forgery of documents: Scotland. 23 Interpretation. 24 Application of this Part. 25 Crew agreements. 26 Regulations relating to crew agreements. 27 Discharge of seamen. 28 Seamen left behind abroad otherwise than on discharge. 29 Discharge of seamen when ship ceases to be registered in United Kingdom. 30 Payment of seamen’s wages. 31 Account of seaman’s wages. 32 Regulations relating to wages and accounts. 33 Power of superintendent or proper officer to decide disputes about wages. 34 Restriction on assignment of and charge upon wages. 35 Power of court to award interest on wages due otherwise than under crew agreement. 36 Allotment notes. 37 Right of person named in allotment to sue in own name. 38 Right, or loss of right, to wages in certain circumstances. 39 Protection of certain rights and remedies. 40 Claims against seaman’s wages for maintenance, etc. of dependants. 41 Remedies of master for remuneration, disbursements and liabilities. 42 Obligation of shipowners as to seaworthiness. 43 Crew accommodation. 44 Complaints about provisions or water. 45 Expenses of medical and other treatment during voyage. 46 Application of sections 47 to 51. 47 Manning. 48 Power to exempt from manning requirements. 49 Prohibition of going to sea undermanned. 50 Production of certificates and other documents of qualification. 51 Crew’s knowledge of English. 52 Unqualified persons going to sea as qualified officers or seamen. 53 Medical treatment on board ship. 54 Special certificates of competence. 55 Young persons. 56 Financial assistance for training. 57 Uniform. 58 Conduct endangering ships, structures or individuals. 59 Concerted disobedience and neglect of duty. 61 Inquiry into fitness or conduct of officer. 62 Disqualification of holder of certificate other than officer’s. 63 Inquiry into fitness or conduct of seaman other than officer. 64 Re-hearing of and appeal from inquiries. 65 Rules as to inquiries and appeals. 66 Failure to deliver cancelled or suspended certificate. 67 Power to restore certificate. 68 Power to summon witness to inquiry into fitness or conduct of officer or other seaman. 69 Procedure where inquiry into fitness or conduct of officer or other seaman is held by sheriff. 70 Civil liability for absence without leave. 71 Civil liability for smuggling. 72 Civil liability for fines imposed under immigration laws. 73 Relief and return of seamen etc. left behind and shipwrecked. 74 Limit of employer’s liability under section 73. 75 Recovery of expenses incurred for relief and return, etc. 76 Financial assistance in respect of crew relief costs. 77 Official log books. 78 Lists of crew. 79 British seamen’s cards. 80 Discharge books. 81 Handing over of documents by master. 82 Maintenance of Merchant Navy Reserve. 83 Supplementary provisions as respects the Reserve. 84 Interpretation. 84A International agreements relating to maritime employment 84B Regulations under section 84A: supplementary 85 Safety and health on ships. 86 Provisions supplementary to section 85: general. 87 Provisions supplementary to section 85: dangerous goods. 88 Safety of submersible and supporting apparatus. 89 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 92 Duty of ship to assist the other in case of collision. 93 Duty to assist aircraft in distress. 94 Meaning of “dangerously unsafe ship”. 95 Power to detain dangerously unsafe ship. 96 References of detention notices to arbitration. 97 Compensation in connection with invalid detention of ship. 98 Owner and master liable in respect of dangerously unsafe ship. 99 Use of unsafe lighters, etc. 100 Owner liable for unsafe operation of ship. 100A Power to establish temporary exclusion zones. 100B Temporary exclusion zones: offences 100C Power to require ships to be moved. 100D Offences in relation to section 100C. 100E Service of directions under section 100C. 100F Requirements to be met by ships in respect of which trans-shipment licences in force. 100G Failure to comply with prescribed standards in respect of ship in respect of which trans-shipment licence is in force. 101 Offences in connection with passenger ships. 102 Power to exclude drunken passengers from certain passenger ships. 103 Stowaways. 104 Unauthorised presence on board ship. 105 Master’s power of arrest. 106 Unauthorised persons: offences relating to safety. 107 Return to be furnished by masters of ships as to passengers. 108 Returns of births and deaths in ships, etc. 108A Safety directions 109 Regulations relating to crew agreements. 110 Payments of seamen’s wages. 112 Accounts of wages and catch. 113 Restriction on assignment of and charge upon wages. 114 Right, or loss of right, to wages in certain circumstances. 116 Production of crew certificates and other documents of qualification. 117 Drunkenness on duty. 119 Disciplinary offences. 120 Power to grant exemptions from this Chapter. 121 Fishing vessel construction rules. 122 Fishing vessel survey rules. 123 Fishing vessel certificates. 124 Provisions supplementary to section 123. 125 Prohibition on going to sea without appropriate certificate. 126 Notice of alterations. 128 Prevention of pollution from ships etc. 129 Further provision for prevention of pollution from ships. 130 Regulation of transfers between ships in territorial waters. 130A General. 130B Waste management plans. 130C Charges for and use of waste reception facilities. 130D Supplementary. 130E Interpretation of Chapter IA. 131 Discharge of oil from ships into certain United Kingdom waters. 132 Defences of owner or master charged with offence under section 131. 133 Defences of occupier charged with offence under section 131 134 Protection for acts done in exercise of certain powers of harbour authorities, etc. 135 Restrictions on transfer of oil at night. 136 Duty to report discharge of oil into waters of harbours. 136A Discharges etc. authorised under other enactments. 137 Shipping casualties. 138 Right to recover in respect of unreasonable loss or damage. 138A Application of sections 137 and 138 to pollution by substances other than oil. 139 Offences in relation to section 137. 140 Service of directions under section 137. 141 Application of sections 137 to 140 to certain foreign and other ships. 142 Oil records. 143 Prosecutions and enforcement of fines. 144 Power to detain ships for section 131 offences. 145 Interpretation of section 144 146 Enforcement and application of fines. 147 Enforcement of Conventions relating to oil pollution. 148 Power of Secretary of State to grant exemptions. 149 Application to Government ships. 150 Annual Report. 151 Interpretation. 152 Meaning of “the Bunkers Convention”, “the Liability Convention” and related expressions. 153 Liability for oil pollution in case of tankers. 153A Liability for pollution by bunker oil 154 Liability for oil pollution in other cases. 155 Exceptions from liability under sections 153 , 153A and 154. 156 Restriction of liability for pollution from oil or bunker oil. 156A Liability under section 153, 153A or 154: supplementary provisions 157 Limitation of liability under section 153. 158 Limitation actions. 159 Restriction on enforcement after establishment of limitation fund. 160 Concurrent liabilities of owners and others. 161 Establishment of limitation fund outside United Kingdom. 162 Extinguishment of claims. 163 Compulsory insurance against liability for pollution. 163A Compulsory insurance against liability for pollution from bunker oil 164 Issue of certificate by Secretary of State. 165 Rights of third parties against insurers. 166 Jurisdiction of United Kingdom courts and registration of foreign judgments. 167 Government ships. 168 Limitation of liability under section 153A or 154. 169 Saving for recourse actions. 170 Interpretation. 171 Transitory text of this Chapter and power to make transitional provisions. 172 Meaning of the “Liability Convention”, “the Fund Convention” and related expressions. 173 Contributions by importers of oil and others. 174 Power to obtain information. 175 Liability of the Fund. 176 Limitation of Fund’s liability under section 175. 176A Liability of the Supplementary Fund 176B Limitation of the Supplementary Fund’s liability under section 176A 177 Jurisdiction and effect of judgments. 178 179 Subrogation. 180 Supplementary provisions as to proceedings involving the Fund. 181 Interpretation. 182 Transitory text of this Chapter and power to make transitional provisions. 182A Introductory. 182B Power to give effect to Convention. 182C Power of Secretary of State to make orders. 183 Scheduled convention to have force of law. 184 Application of Schedule 6 to carriage within British Islands. 185 Limitation of liability for maritime claims. 186 Exclusion of liability. 187 Damage or loss: apportionment of liability. 188 Loss of life or personal injuries: joint and several liability. 189 Loss of life or personal injuries: right of contribution. 190 Time limit for proceedings against owners or ship. 191 Limitation of liability. 192 Application to Crown and its ships. 192A Compulsory insurance or security 193 General and local lighthouse authorities. 194 Returns and information to Secretary of State. 195 General function of management of lighthouses, etc. 196 Joint discharge of functions. 197 General powers of general lighthouse authority. 197A General lighthouse authorities: commercial activities 198 Inspection of local lighthouses. 199 Control of local lighthouse authorities. 200 Powers of inspection by Secretary of State. 201 Powers of harbour authorities. 202 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 203 Individual transfers of local lighthouses to harbour authorities. 204 Surrender of local lighthouses. 205 Light dues leviable by general lighthouse authorities. 206 Information to determine light dues. 207 Recovery of general light dues. 208 Distress on ship for general light dues. 209 Receipt for general light dues and its production. 210 Light dues leviable by local lighthouse authorities. 211 General Lighthouse Fund: expenses and receipts. 212 Establishments of general lighthouse authorities. 213 Estimates or accounts of expenses to Secretary of State. 214 Pension rights of certain employees. 215 Borrowing powers of general lighthouse authorities. 216 Limit on borrowings under section 215. 217 Guarantees by Secretary of State. 218 Accounts of general lighthouse authorities. 219 Damage etc. to lighthouses etc. 220 Prevention of false lights. 221 Exemption from taxes, duties, rates etc. 222 Exemption from harbour dues. 222A Disclosure of information to general lighthouse authorities. 223 Interpretation, etc. 224 Salvage Convention 1989 to have force of law. 225 Valuation of property by receiver. 226 Detention of property liable for salvage by receiver. 227 Sale of detained property by receiver. 228 Apportionment of salvage under £5,000 by the receiver. 229 Apportionment of salvage by the court. 230 Salvage claims against the Crown and Crown rights of salvage and regulation thereof. 231 Application of, and discharge of functions under, sections 232, 233 234 and 235. 232 Duty of receiver where vessel in distress. 233 Powers of receiver in case of vessel in distress. 234 Power to pass over adjoining land. 235 Liability for damage in case of plundered vessel. 236 Duties of finder etc of wreck. 237 Provisions as respects cargo, etc. 238 Receiver to give notice of wreck. 239 Claims of owners to wreck. 240 Immediate sale of wreck in certain cases. 241 Right of Crown to unclaimed wreck. 242 Notice of unclaimed wreck to be given to persons entitled. 243 Disposal of unclaimed wreck. 244 Effect of delivery of wreck etc under this Part. 245 Taking wreck to foreign port. 246 Interfering with wrecked vessel or wreck. 247 Powers of entry etc. 248 Functions of Secretary of State as to wreck. 249 Expenses and fees of receivers. 250 Remuneration for services of coastguard. 251 Release of goods from customs and excise control. 252 Powers of harbour and conservancy authorities in relation to wrecks. 253 Powers of lighthouse authorities in relation to wrecks. 254 Referral of questions as to powers between authorities. 255 Interpretation. 255A “The Wrecks Convention” 255B Wreck reports 255C Locating and marking wrecks 255D Removal by registered owner 255E Imposition of conditions about removal 255F Removal in default 255G Liability for costs 255H Limitation period 255I Expenses of general lighthouse authorities 255J Wreck removal insurance 255K Failure to insure 255L Detention of ships 255M Production of certificates 255N Issue of certificates 255O Cancellation of certificates 255P Third parties' rights against insurers 255Q Electronic certificates 255R Interpretation etc. 255S Government ships 255T Saving 255U Power to amend 256 Appointment of inspectors and surveyors. 256A Scottish officers 257 Powers to require production of ships documents. 258 Powers to inspect ships and their equipment, etc. 259 Powers of inspectors in relation to premises and ships. 260 Provisions supplementary to section 259. 261 Improvement notices. 262 Prohibition notices. 263 Provisions supplementary to sections 261 and 262. 264 References of notices to arbitration. 265 Compensation in connection with invalid prohibition notices. 266 Offences. 267 Investigation of marine accidents. 268 Formal investigation into marine accidents. 269 Re-hearing of and appeal from investigations. 270 Rules as to investigations and appeals. 271 Inquiries into deaths of crew members and others. 272 Reports of and inquiries into injuries. 273 Transmission of particulars of certain deaths on ships. 274 Time limit for summary offences. 275 Time limit for summary orders. 276 Summary offences: Scotland. 277 Offences by officers of bodies corporate. 277A Accessories and abettors 278 Offences by partners, etc. in Scotland. 279 Jurisdiction in relation to offences. 280 Jurisdiction over ships lying off coasts. 281 Jurisdiction in case of offences on board ship. 282 Offences committed by British seamen. 283 Return of offenders. 284 Enforcing detention of ship. 285 Sums ordered to be paid leviable by distress on the ship. 286 Depositions of persons abroad admissible. 287 Admissibility in evidence and inspection of certain documents. 288 Admissibility of documents in evidence. 289 Inspection and admissibility in evidence of copies of certain documents. 290 Proof, etc of exemptions. 291 Service of documents. 292 General functions of Secretary of State. 293 Functions of Secretary of State in relation to marine pollution. 294 General power to dispense. 295 Registrar General of Shipping and Seamen. 296 Mercantile marine superintendents. 297 Wreck commissioners, etc. 298 Transmission of documents to Registrar General. 299 Returns, etc to Secretary of State. 300 Forms. 301 Advisory committees. 302 Fees. 302A Funding of maritime services. 303 Expenses of Commissioners of Customs and Excise. 304 Expenses charged on money provided by Parliament. 305 Payments to be made into Consolidated Fund. 306 Regulations, rules and orders, etc. 306A Power to make ambulatory references to international instruments 307 Application of Act to non-United Kingdom ships. 308 Application of Act to government ships. 309 Application of Act to ships chartered by demise to the Crown. 310 Application of Act to hovercraft. 311 Application of Act to certain structures, etc. 312 Special provisions for Scots law. 313 Definitions. 313A Meaning of “qualifying foreign ship”. 314 Repeals, consequential amendments and transitional provisions. 315 Extent and application. 316 Short title and commencement. SCHEDULE 1 Private Law Provisions for registered ships SCHEDULE 2 Regulations Relating to Submersible and Supporting Apparatus SCHEDULE 3 SCHEDULE 3A Safety Directions SCHEDULE 4 Prevention of Oil Pollution: Transitory Provisions SCHEDULE 5 Overall Limit on Liability of Fund SCHEDULE 5ZA SUPPLEMENTARY FUND LIABILITY SCHEDULE 5A SCHEDULE 6 Convention Relating to the Carriage of Passengers and Their Luggage by Sea SCHEDULE 7 Convention on Limitation of Liability for Maritime Claims 1976 SCHEDULE 8 Commissioners of Northern Lighthouses SCHEDULE 9 SCHEDULE 10 Local Light Dues: Objections SCHEDULE 11 International Convention on Salvage 1989 SCHEDULE 11ZA Wrecks Convention Schedule 11A Funding of maritime services SCHEDULE 12 Repeals SCHEDULE 13 Consequential Amendments SCHEDULE 14 Transitory, Saving and Transitional Provisions Table of Derivations
What to do with it
As published
269 Re-hearing of and appeal from investigations.
(1) Where a formal investigation has been held under section 268 the Secretary of State may order the whole or part of the case to be re-heard, and shall do so—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) if there appear to the Secretary of State to be ... grounds for suspecting that a miscarriage of justice may have occurred.
(2) An order under subsection (1) above may provide for the re-hearing to be as follows—
(a) if the investigation was held in England, Wales or Northern Ireland, by a wreck commissioner or by the High Court;
(b) if it was held in Scotland, by the sheriff or by the Court of Session.
(3) Any re-hearing under this section which is not held by the High Court or the Court of Session shall be conducted in accordance with rules made under section 270(1); and section 268 shall apply in relation to a re-hearing of an investigation by a wreck commissioner or sheriff as it applies in relation to the holding of an investigation.
(4) Where the wreck commissioner or sheriff holding the investigation has decided to cancel or suspend the certificate of any person or has found any person at fault, then, if no application for an order under subsection (1) above has been made or such an application has been refused, that person or any other person who, having an interest in the investigation, has appeared at the hearing and is affected by the decision or finding, may appeal—
(a) to the High Court if the investigation was held in England, Wales or Northern Ireland;
(b) to the Court of Session if it was held in Scotland.
(5) Section 268(7) applies for the purposes of this section as it applies for the purposes of that section.
Your wording
Your change, as a redline
269 Re-hearing of and appeal from investigations.
(1) Where a formal investigation has been held under section 268 the Secretary of State may order the whole or part of the case to be re-heard, and shall do so—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) if there appear to the Secretary of State to be ... grounds for suspecting that a miscarriage of justice may have occurred.
(2) An order under subsection (1) above may provide for the re-hearing to be as follows—
(a) if the investigation was held in England, Wales or Northern Ireland, by a wreck commissioner or by the High Court;
(b) if it was held in Scotland, by the sheriff or by the Court of Session.
(3) Any re-hearing under this section which is not held by the High Court or the Court of Session shall be conducted in accordance with rules made under section 270(1); and section 268 shall apply in relation to a re-hearing of an investigation by a wreck commissioner or sheriff as it applies in relation to the holding of an investigation.
(4) Where the wreck commissioner or sheriff holding the investigation has decided to cancel or suspend the certificate of any person or has found any person at fault, then, if no application for an order under subsection (1) above has been made or such an application has been refused, that person or any other person who, having an interest in the investigation, has appeared at the hearing and is affected by the decision or finding, may appeal—
(a) to the High Court if the investigation was held in England, Wales or Northern Ireland;
(b) to the Court of Session if it was held in Scotland.
(5) Section 268(7) applies for the purposes of this section as it applies for the purposes of that section.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.