No order for the payment of money shall be made under this Act in proceedings before a magistrates’ court unless—
(a) the proceedings were commenced within six months beginning with the date on which the matter of complaint arose; or
(b) in a case where both or either of the parties to the proceedings happen during that period to be out of the United Kingdom, the proceedings were commenced within six months after they both first happen to arrive, or to be at one time, within the United Kingdom.
In Scotland all prosecutions in respect of offences under this Act in respect of which the maximum penalty which may be imposed does not exceed imprisonment for a period of three months or a fine of level 4 on the standard scale or both may be tried in a summary manner before the district court.
(1) Where a body corporate is guilty of an offence under this Act or any instrument made under it, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in such a capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(2) Where the affairs of a body corporate are managed by its members, subsection (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
Any person who-knowingly or wilfully aids, abets, counsels, causes, procures or commands the commission of an offence under this Act shall be liable to be dealt with, tried and punished as a principal offender.
Where, in Scotland, a partnership or unincorporated association (other than a partnership) is guilty of an offence under this Act or any instrument made under it, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner in the partnership or, as the case may be, a person concerned in the management or control of the association, he as well as the partnership or association shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(1) For the purpose of conferring jurisdiction, any offence under this Act shall be deemed to have been committed in any place in the United Kingdom where the offender may for the time being be.
(2) For the same purpose, any matter of complaint under this Act shall be deemed to have arisen in any place in the United Kingdom where the person complained against may for the time being be.
(3) The jurisdiction under subsections (1) and (2) above shall be in addition to and not in derogation of any jurisdiction or power of a court under any other enactment.
(1) Where the area within which a court in any part of the United Kingdom has jurisdiction is situated on the coast of any sea or abuts on or projects into any bay, channel, lake, river or other navigable water the court shall have jurisdiction as respects offences under this Act over any vessel being on, or lying or passing off, that coast or being in or near that bay, channel, lake, river or navigable water and over all persons on board that vessel or for the time being belonging to it.
(2) The jurisdiction under subsection (1) above shall be in addition to and not in derogation of any jurisdiction or power of a court under the Magistrates’ Courts Act 1980 or the Magistrates’ Courts (Northern Ireland) Order 1981.
281 Jurisdiction in case of offences on board ship.
Where any person is charged with having committed any offence under this Act then—
(a) if he is a British citizen and is charged with having committed it—
(i) on board any United Kingdom ship on the high seas,
(ii) in any foreign port or harbour, or
(iii) on board any foreign ship to which he does not belong; or
(b) if he is not a British citizen and is charged with having committed it on board any United Kingdom ship on the high seas;
and he is found within the jurisdiction of any court in any part of the United Kingdom which would have had jurisdiction in relation to the offence if it had been committed on board a United Kingdom ship within the limits of its ordinary jurisdiction to try the offence that court shall have jurisdiction to try the offence as if it had been so committed.
(1) Any act in relation to property or person done in or at any place (ashore or afloat) outside the United Kingdom by any master or seaman who at the time is employed in a United Kingdom ship, which, if done in any part of the United Kingdom, would be an offence under the law of any part of the United Kingdom, shall—
(a) be an offence under that law, and
(b) be treated for the purposes of jurisdiction and trial, as if it had been done within the jurisdiction of the Admiralty of England.
(2) Subsection (1) above also applies in relation to a person who had been so employed within the period of three months expiring with the time when the act was done.
(3) Subsections (1) and (2) above apply to omissions as they apply to acts.
(1) The powers conferred on a British consular officer by subsection (2) below are exercisable in the event of any complaint being made to him—
(a) that any offence against property or persons has been committed at any place (ashore or afloat) outside the United Kingdom by any master or seaman who at the time when the offence was committed, or within three months before that time, was employed in a United Kingdom ship; or
(b) that any offence on the high seas has been committed by any master or seaman belonging to any United Kingdom ship.
(2) Those powers are—
(a) to inquire into the case upon oath, and
(b) if the case so requires, to take any steps in his power for the purpose of placing the offender under the necessary restraint and sending him by United Kingdom ship as soon as practicable in safe custody to the United Kingdom for proceedings to be taken against him.
(3) The consular officer may, subject to subsections (4) and (5) below, order the master of any United Kingdom ship bound for the United Kingdom to receive and carry the offender and the witnesses to the United Kingdom; and the officer shall endorse upon the agreement of the ship such particulars with respect to them as the Secretary of State requires.
(4) A consular officer shall not exercise the power conferred by subsection (3) above unless no more convenient means of transport is available or it is available only at disproportionate expense.
(5) No master of a ship may be required under subsection (3) above to receive more than one offender for every 100 tons of his ship’s registered tonnage, or more than one witness for every 50 tons of his ship’s registered tonnage.
(6) The master of any ship to whose charge an offender has been committed under subsection (3) above shall, on his ship’s arrival in the United Kingdom, give the offender into the custody of some police officer or constable.
(7) If any master of a ship, when required under subsection (3) above to receive and carry any offender or witness in his ship—
(a) fails to do so; or
(b) in the case of an offender, fails to deliver him as required by subsection (6) above;
he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(8) The expense of imprisoning any such offender and of carrying him and witnesses to the United Kingdom otherwise than in the ship to which they respectively belong shall be paid out of money provided by Parliament.
(9) References in this section to carrying a person in a ship include affording him subsistence during the voyage.
(1) Where under this Act a ship is to be or may be detained any of the following officers may detain the ship—
(a) any commissioned naval or military officer,
(b) any officer of a Minister of the Crown or Northern Ireland department who is authorised by the Secretary of State, either generally or in a particular case, to exercise powers under this section,
(c) any officer of customs and excise, and
(d) any British consular officer.
(1A) A notice of detention may—
(a) include a direction that the ship—
(i) must remain in a particular place, or
(ii) must be moved to a particular anchorage or berth, and
(b) if it includes such a direction, may specify circumstances relating to safety or the prevention of pollution in which the master may move his ship from that place, anchorage or berth.
(2) If a ship as respects which notice of detention has been served on the master proceeds to sea, otherwise than in accordance with such a notice, before it is released by a competent authority, the master of the ship shall be guilty of an offence.
(2A) If a ship as respects which notice of detention has been served on the master fails to comply with a direction given under subsection (1A)(a) above, the master of the ship shall be guilty of an offence.
(2B) A person guilty of an offence under subsection (2) or (2A) above shall be liable—
(a) on summary conviction, to a fine not exceeding £50,000;
(b) on conviction on indictment, to a fine
on summary conviction, or on conviction on indictment, to a fine.
(3) The owner of a ship, and any person who sends to sea a ship, as respects which an offence is committed under subsection (2) or (2A) above shall, if party or privy to the offence, also be guilty of an offence under that subsection and liable accordingly.
(4) Where a ship proceeding to sea in contravention of subsection (2) above or failing to comply with a direction given under subsection (1A)(a) above carries away without his consent any of the following who is on board the ship in the execution of his duty, namely—
(a) any officer authorised by subsection (1) above to detain the ship, or
(b) any surveyor of ships,
the owner and master of the ship shall each—
(i) be liable to pay all expenses of and incidental to the officer or surveyor being so carried away; and
(ii) be guilty of an offence.
(5) A person guilty of an offence under subsection (4) above shall be liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to a fine.
(6) Where under this Act a ship is to be detained an officer of customs and excise shall, and where under this Act a ship may be detained an officer of customs and excise may, refuse to clear the ship outwards or grant a transire to the ship.
(7) When any provision of this Act provides that a ship may be detained until any document is produced to the proper officer of customs and excise the officer able to grant a clearance or transire of the ship is (unless the context otherwise requires) that officer.
(8) 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.
285 Sums ordered to be paid leviable by distress on the ship.
(1) Where any court has power to make an order directing payment to be made of any seaman’s wages, fines or other sums of money, then, if the person directed to pay is the master or owner of the ship and the money directed to be paid is not paid in accordance with the order, the court who made the order may—
(a) except in Scotland, direct the amount remaining unpaid to be levied by distress,
(b) in Scotland, grant warrant authorising the arrestment and sale,
of the ship and its equipment.
(2) The remedy made available by this section is in addition to any other powers for compelling the payment of money ordered to be paid.
(1) If the evidence of any person is required in the course of any legal proceeding before a judge or magistrate in relation to the subject matter of the proceeding and it is proved that that person cannot be found in the United Kingdom, any deposition that he may have previously made at a place outside the United Kingdom in relation to the same subject matter shall, subject to subsection (2) below, be admissible in evidence in those proceedings.
(2) For a deposition to be admissible under subsection (1) above in any proceedings, the deposition—
(a) must have been taken on oath;
(b) must have been taken before a justice or magistrate in any colony or a British consular officer in any other place;
(c) must be authenticated by the signature of the justice, magistrate or officer taking it; and
(d) must, if the proceedings are criminal proceedings, have been taken in the presence of the accused;
and, in a case falling within paragraph (d) above, the deposition shall be certified by the justice, magistrate or officer taking it to have been taken in the presence of the accused.
(3) No proof need be given of the signature or official character of the person appearing to have signed any such deposition and, in any criminal proceedings, a certificate stating that the deposition was taken in the presence of the accused shall, unless the contrary is proved, be evidence (and in Scotland sufficient evidence) of that fact.
(4) This section also applies to proceedings before any person authorised by law or consent of the parties to receive evidence.
(5) Nothing in this section affects the admissibility in evidence of depositions under any other enactment or the practice of any court.
287 Admissibility in evidence and inspection of certain documents.
(1) The following documents shall be admissible in evidence and, when in the custody of the Registrar General of Shipping and Seamen, shall be open to public inspection—
(a) documents purporting to be submissions to or decisions by superintendents or proper officers under section 33;
(b) the official log book of any ship kept under section 77 and, without prejudice to section 288(2), any document purporting to be a copy of an entry therein and to be certified as a true copy by the master of the ship;
(c) crew agreements, lists of crews made under section 78 and notices given under Part III of additions to or changes in crew agreements and lists of crews;
(d) returns or reports under section 108;
(e) documents transmitted to the Registrar General of Shipping and Seamen under section 298.
(2) A certificate issued under section 47 shall be admissible in evidence.
(1) Where a document is by this Act declared to be admissible in evidence the document shall, on its production from proper custody—
(a) be admissible in evidence in any court or before any person having by law or consent of parties authority to receive evidence; and
(b) subject to all just exceptions, be evidence (or in Scotland sufficient evidence) of the matters stated in the document.
(2) A copy of, or extract from, any document so made admissible in evidence shall, subject to subsection (3) below, also be admissible in evidence and evidence (and in Scotland sufficient evidence) of the matters stated in the document.
(3) A copy of, or extract from, a document shall not be admissible by virtue of subsection (2) above unless—
(a) it is proved to be an examined copy or extract; or
(b) it purports to be signed and certified as a true copy or extract by the officer to whose custody the original document was entrusted;
and that officer shall furnish the certified copy or extract to any person who applies for it at a reasonable time and pays such reasonable price as the Secretary of State determines.
(4) A person shall, on payment of such reasonable price as the Secretary of State determines, be entitled to have a certified copy of any declaration or document a copy of which is made evidence by this Act.
(5) If any officer having duties of certification under subsection (3) above in relation to any document intentionally certifies any document as being a true copy or extract knowing that the copy or extract is not a true copy or extract he shall be liable—
(a) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both.
(6) Subject to subsection (7) below, in Scotland, if any person forges the seal, stamp or signature of any document (or copy document) declared by this Act to be admissible in evidence or tenders in evidence any such document (or copy document) with, and knowing it to have, a false or counterfeit seal, stamp or signature he shall be liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding six months or to both; or
(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding seven years or to both.
(7) Subsection (6) above does not apply in respect of actings which constitute an offence under section 300(8).
(8) Without prejudice to section 6(1) of the Civil Evidence (Scotland) Act 1988 (production of copy documents) subsections (2) and (3) above shall not apply, for the purposes of civil proceedings in Scotland, as respects the admissibility of a copy document; but subsection (5) above shall apply to a person purporting to authenticate any such document and to authentication as it applies to an officer purporting to certify any such document and to certification.
289 Inspection and admissibility in evidence of copies of certain documents.
(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 the original; 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 that document to be admissible in evidence or open to public inspection, and
(b) in the case of a document falling within subsection (1) above, 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 288(2) 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.
(1) Where any exception, exemption, excuse or qualification applies in relation to an offence under this Act—
(a) it may be proved by the defendant, but
(b) need not be specified or negatived in any information or complaint;
and, if so specified or negatived, shall not require to be proved by the informant or complainant.
(2) This section applies in relation to an offence whether or not the exception, exemption, excuse or qualification is contained in the section creating the offence.
(3) This section does not apply to Scotland.
(1) Any document authorised or required to be served on any person may be served on that person—
(a) by delivering it to him;
(b) by leaving it at his proper address; or
(c) by sending it by post to him at his proper address.
(2) Any such document required to be served on the master of a ship may be served—
(a) where there is a master, by leaving it for him on board the ship with the person appearing to be in command or charge of the ship;
(b) where there is no master, on—
(i) the managing owner of the ship; or
(ii) if there is no managing owner, on any agent of the owner; or
(iii) where no such agent is known or can be found, by leaving a copy of the document fixed to the mast of the ship.
(3) Any document authorised or required to be served on any person may—
(a) in the case of a body corporate, be served on the secretary or clerk of that body;
(b) in the case of a partnership, be served on a partner or a person having the control or management of the partnership business or, in Scotland, on the firm.
(4) Any notice authorised or required by or under Part II to be served on the Secretary of State may be served by post.
(5) Any notice authorised by section 261, 262, 263 or 264 to be given to an inspector may be given by delivering it to him or by leaving it at, or sending it by post to, his office.
(6) Any document authorised or required by or under any enactment to be served on the registered owner of a United Kingdom ship shall be treated as duly served on him if served on such persons, in such circumstances and by such method, as may be specified in registration regulations.
(7) For the purposes of this section and of section 7 of the Interpretation Act 1978 (service of documents by post) in its application to this section, the proper address of any person on whom any document is to be served shall be his last known address, except that—
(a) in the case of a body corporate or their secretary or clerk it shall be the address of the registered or principal office of that body;
(b) in the case of a partnership or a person having the control or management of the partnership business, it shall be the principal office of the partnership;
and for the purposes of this subsection the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom shall be their principal office in the United Kingdom.
(8) If the person to be served with any notice has (whether in pursuance of registration regulations or otherwise) specified an address in the United Kingdom other than his proper address within the meaning of subsection (7) above as the one at which he or someone on his behalf will accept notices of the same description as that notice, that address shall also be treated for the purposes of this section and section 7 of the Interpretation Act 1978 as his proper address.
(9) For the purposes of the said section 7 a letter containing—
(a) a notice to be served on any person in pursuance of subsection (6) above, or
(b) a notice authorised or required to be served under registration regulations on a representative person (within the meaning of those regulations),
shall be deemed to be properly addressed if it is addressed to that person at the address for the time being recorded in relation to him in the register; and a letter containing any other notice under registration regulations shall be deemed to be properly addressed if it is addressed to the last known address of the person to be served (whether of his residence or of a place where he carries on business).
(1) The Secretary of State shall continue to have the general superintendence of all matters relating to merchant shipping and seamen and is authorised to carry into execution the provisions of this Act and of all Acts relating to merchant shipping and seaman for the time being in force, except where otherwise provided or so far as relating to revenue.
(2) The Secretary of State may take any legal proceedings under this Act in the name of any of his officers.
(3) The Secretary of State must consult the Scottish Ministers about the strategic priorities of the Secretary of State in exercising functions under subsection (1) in relation to the safety standards of ships in Scotland and protecting the health and safety of persons on them.
(4) In subsection (3) “Scotland” has the same meaning as in the Scotland Act 1998.
(5) The Secretary of State must consult the Welsh Ministers about the strategic priorities of the Secretary of State in exercising functions under subsection (1) in relation to the safety standards of ships in Wales and protecting the health and safety of persons on them.
(6) In subsection (5) “"Wales”” has the same meaning as in the Government of Wales Act 2006.
293 Functions of Secretary of State in relation to marine pollution.
(1) The Secretary of State shall continue to have the functions of taking, or co-ordinating, measures to prevent, reduce and minimise the effects of, marine pollution.
(2) Without prejudice to the generality of subsection (1) above, the functions of the Secretary of State under that subsection include—
(za) the preparation, review and implementation of a national plan setting out arrangements for responding to incidents which cause or may cause marine pollution with a view to preventing such pollution or reducing or minimising its effects;
(a) the acquisition, maintenance, use and disposal of ships, aircraft, equipment and other property;
(b) the provision of services, including research, training and advice;
(c) the giving of assistance to any other State or international institution under any international agreement relating to the prevention, reduction or control of marine pollution; and
(d) any other functions exercisable on his behalf on 1st October 1994 by the Marine Pollution Control Unit.
(3) Assistance under subsection (2)(c) above shall be given on such terms as will secure reimbursement of the cost of giving the assistance if and to the extent that reimbursement will be practicable in the circumstances.
(4) The Secretary of State may make reasonable charges for the supply of goods or services.
(4A) Where under subsection (1) above the Secretary of State agrees that another person shall take any measures to prevent, reduce or minimise the effects of marine pollution, he may agree to indemnify that other person in respect of liabilities incurred by that person in connection with the taking of the measures.
(5) In this section—
“marine pollution” means pollution caused by ships, offshore installations or submarine pipelines affecting or likely to affect the United Kingdom or United Kingdom waters or controlled waters;
“offshore installation” means any installation which is maintained for underwater exploitation or exploration to which the Mineral Working (Offshore Installations) Act 1971 applies;
“pipeline” has the same meaning as in Part III of the Petroleum Act 1998 and “submarine” means in, under or over United Kingdom waters or controlled waters;
“United Kingdom controlled waters” means any part of the sea within the limits of an area designated under section 1(7) of the Continental Shelf Act 1964;
but no restriction as to the seas to which functions under this section extend is implied as regards the functions mentioned in subsection (2)(c) above.
(1) The Secretary of State may, if he thinks fit, and upon such conditions (if any) as he thinks fit to impose, exempt any ship from any specified requirement of, or prescribed under, this Act other than Chapter II of Part VI, or dispense with the observance of any such requirement in the case of any ship, if he is satisfied, as respects that requirement, of the matters specified in subsection (2) below.
(2) Those matters are—
(a) that the requirement has been substantially complied with in the case of that ship or that compliance with it is unnecessary in the circumstances; and
(b) that the action taken or provision made as respects the subject-matter of the requirement in the case of the ship is as effective as, or more effective than, actual compliance with the requirement.
(3) The Secretary of State shall annually lay before both Houses of Parliament a special report stating—
(a) the cases in which he has exercised his powers under this section during the preceding year; and
(b) the grounds upon which he has acted in each case.
(1) There shall continue to be an officer known as the Registrar General of Shipping and Seamen.
(2) The Registrar General of Shipping and Seamen shall be appointed, and may be removed, by the Secretary of State.
(3) The Registrar General of Shipping and Seamen shall exercise such functions as are conferred on him by this Act and keep such records and perform such other duties as the Secretary of State may direct.
(4) The Secretary of State may appoint and remove persons to perform on behalf of the Registrar General of Shipping and Seamen such of his functions as the Secretary of State or the Registrar General of Shipping and Seamen may direct.
(5) Subsection (4) above does not apply in relation to the functions of the Registrar General of Shipping and Seaman as registrar under Part II.
(1) There shall continue to be officers known as mercantile marine superintendents.
(2) Mercantile marine superintendents shall be appointed, and may be removed, by the Secretary of State.
(3) Mercantile marine superintendents shall exercise the functions conferred on superintendents by this Act.
(1) The Lord Chancellor may appoint such number of persons as he thinks fit to be wreck commissioners and may remove any wreck commissioners appointed by him.
(2) A wreck commissioner shall vacate his office on the day on which he attains the age of 75.
(3) Before appointing a person to act as wreck commissioner in Northern Ireland the Lord Chancellor shall consult the Chief Justice of Northern Ireland.
(3A) The Lord Chancellor may remove a wreck commissioner from office only with the concurrence of—
(a) the Lord Chief Justice of England and Wales, or
(b) if the commissioner was appointed to act in Northern Ireland, the Lord Chief Justice of Northern Ireland.
(4) There shall be paid to any wreck commissioner such remuneration and such allowances, out of money provided by Parliament, as the Lord Chancellor may with the consent of the Treasury determine.
(5) There shall be paid to any assessor appointed under this Act such remuneration, out of money provided by Parliament, as the Lord Chancellor may with the consent of the Treasury determine.
298 Transmission of documents to Registrar General.
(1) The following duties are imposed on all superintendents and all officers of customs and excise as respects all documents which are delivered or transmitted to or retained by them in pursuance of this Act.
(2) They shall take charge of the documents and keep them for such time (if any) as may be necessary for the purpose of settling any business arising at the place where the documents come into their hands, or for any other proper purpose.
(3) They shall, if required, produce them for any of those purposes, and shall then transmit them to the Registrar General of Shipping and Seamen.
(4) The Registrar General of Shipping and Seamen shall retain documents transmitted to him under subsection (3) above for such period as the Secretary of State may direct.
(1) All superintendents shall make and send to the Secretary of State such returns or reports on any matter relating to British merchant shipping or seamen as he may require.
(2) All consular officers abroad and all officers of customs and excise abroad shall make and send to the Secretary of State such returns or reports on any matter relating to British merchant shipping or seamen as he may require.
(3) All superintendents shall, when required by the Secretary of State, produce to him or to his officers all official log-books and other documents which are delivered to them under this Act.
(4) All surveyors of ships shall make such returns to the Secretary of State as he may require with respect to—
(a) the build, dimensions, draught, burden, speed and room for fuel of ships surveyed by them; and
(b) the nature and particulars of machinery and equipment of such ships.
(5) The owner, master and engineer of any ship being surveyed shall, when required to do so, give to the surveyors all such information and assistance within his power as the surveyors require for the purpose of returns under subsection (4) above.
(6) If the owner, master or engineer, on being required under subsection (5) above to give any information or assistance, fails, without reasonable excuse, to give the information or assistance he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(1) The Secretary of State may prepare and approve forms for any book, instrument or paper required under this Act, and may alter such forms as he thinks fit.
(2) The Secretary of State shall cause every such form to be marked with the distinguishing mark of his Department and, before finally issuing any form or making any alteration in a form, shall cause public notice thereof to be given in such manner as he thinks requisite in order to avoid inconvenience.
(3) The Secretary of State shall cause such forms to be supplied at offices of customs and excise and Department of Transport Marine Offices, free of charge or at such reasonable prices as the Secretary of State may fix, or he may licence any persons to print and sell the forms.
(4) Every such book, instrument or paper shall be made in the form (if any) approved by the Secretary of State, or as near as circumstances permit; and unless so made shall not be admissible in evidence in any civil proceedings on the part of the owner or master of any ship.
(5) Every such book, instrument or paper if made in a form purporting to be the proper form and to be marked in accordance with subsection (2) above shall be deemed to be in the form required by this Act, unless the contrary is proved.
(6) The foregoing provisions do not apply where special provision is made by this Act.
(7) If any person prints, sells or uses any document purporting to be a form approved by the Secretary of State knowing that the document is not the form approved for the time being or that the document has not been prepared or issued by the Secretary of State that person shall be liable, on summary conviction, to a fine not exceeding level 2 on the standard scale.
(8) In Scotland, if any person forges any distinguishing mark on any form issued under this Act or fraudulently alters any such form he shall be liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding six months or to both; or
(b) on conviction on indictment, to a fine or to imprisonment or to both.
(1) The Secretary of State may, if he thinks fit, appoint committees for the purpose of advising him when considering the making or alteration of any regulations, rules or scales for the purpose of this Act other than Chapter II of Part VI.
(2) A committee appointed under this section shall consist of persons representing the interests principally affected or having special knowledge of the subject matter.
(3) The Secretary of State shall pay to the members of any committee under this section such travelling and other allowances as the Secretary of State determines with the consent of the Treasury.
(4) Committees may be appointed under this section to advise the Secretary of State specially as regards any special regulations, rules or scales or generally as regards any class or classes of regulations, rules or scales which the Secretary of State may assign to them.
(1) The Secretary of State may, with the consent of the Treasury, make regulations prescribing fees to be charged in respect of—
(a) the issue or recording in pursuance of this Act of any certificate, licence or other document; or
(b) the doing of any thing in pursuance of this Act.
(2) In the case of fees for the measurement of a ship’s tonnage the fees may be prescribed as maximum fees.
(3) All fees received by the Secretary of State under this Act shall be paid into the Consolidated Fund.
304 Expenses charged on money provided by Parliament.
(1) The following expenses and other amounts shall be payable out of money provided by Parliament—
(a) the expenses incurred by the Secretary of State under this Act;
(b) the salaries, pensions, gratuities and allowances of surveyors of ships, Departmental inspectors and superintendents;
(c) the sums required for the contribution from the United Kingdom towards maintaining, in accordance with the Safety Convention, a service in the North Atlantic for the study and observation of ice and for the ice patrol;
(d) the expenses of obtaining depositions, reports and returns respecting wrecks and casualties;
(e) such sums as the Secretary of State may, in his discretion, think fit to pay in respect of claims on account of the proceeds of wreck;
(f) the expenses incurred in respect of receivers of wrecks and the performance of their duties;
(g) such expenses as the Secretary of State directs for—
(i) establishing and maintaining on the coasts of the United Kingdom proper lifeboats with the necessary crews and equipment;
(ii) affording assistance towards the preservation of life and property in cases of shipwreck and distress at sea; or
(iii) rewarding the preservation of life in such cases;
(h) any other amounts which are by virtue of any provision of this Act payable out of money provided by Parliament.
(2) In subsection (1)(c) above “the Safety Convention” means the International Convention for the Safety of Life at Sea signed in London on 1st November 1974.
(1) The following sums shall be paid into the Consolidated Fund—
(a) all fees, charges and expenses payable in respect of the survey and measurement of ships;
(b) any fees received by receivers of wrecks;
(c) any sums received by the Secretary of State under this Act or which are, by any provision of it, required to be paid into the Consolidated Fund.
(2) All fees mentioned in this section shall be paid at such time and in such manner as the Secretary of State directs.
(1) Subject to subsection (1A) below, any power of the Secretary of State to make regulations, orders or rules under this Act shall be exercisable by statutory instrument.
(1A) Subsection (1) above does not apply to—
(a) rules made under section 91; or
(b) any instrument made under section 128(4)(f) other than an instrument containing regulations.
(2) Subject to subsection (2A) below—
(a) any statutory instrument containing regulations under this Act (including such an instrument made by virtue of section 128(4)(f) or 182B(4)(e)), and
(b) any statutory instrument containing an order or rules made under this Act,
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(2A) Subsection (2) above does not apply to—
(a) regulations made under section 84A(2), 130A, 259(8) or 260(3) or Schedule 11A;
(b) commencement orders;
(c) any order made under section 216(2), 223(3) , 255G(3)(c), 255Q(2), 255U(1), paragraph 8 of Part II of Schedule 7, or any provision of Schedule 14.
(3) Any statutory instrument containing an Order in Council under this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament but this subsection does not apply to Orders under section 2(4), 128, 129, 152(2), 172(2), 182B(1) 183, 184, 185(2A) or (2B) 224, 308 or 315(2) or under . . . paragraph 10 of Part II of Schedule 6 or paragraph 13 of Part II of Schedule 7.
(4) Before making the following regulations, rules or orders, namely—
(a) regulations under Part III or section 108 or 130A;
(b) rules under Chapter II of Part V;
(c) an order under section 311,
the Secretary of State shall consult with organisations in the United Kingdom appearing to him representative of persons who will be affected by the regulations, rules or orders.
(5) Any direction, notice, order or authorisation under this Act given or made by the Secretary of State shall be in writing.
(6) Any power to give a direction includes power to vary or revoke the direction by a subsequent direction.
306A Power to make ambulatory references to international instruments
(1) This section applies where—
(a) a person has power under this Act to make subordinate legislation, and
(b) the person proposes to exercise that power to make subordinate legislation which refers to an international instrument.
(2) The power may be exercised so as to have the effect that the reference to the instrument is construed—
(a) as a reference to the instrument as modified from time to time;
(b) if the instrument is replaced by another instrument, as a reference to that other instrument.
(3) For the purposes of subsection (2)(a), an instrument is modified if—
(a) omissions, additions or other alterations to the text of the instrument take effect, or
(b) supplementary provision made under the instrument takes effect.
(4) In this section, provision included in subordinate legislation by virtue of subsection (2) is referred to as ambulatory provision.
(5) Subordinate legislation which makes ambulatory provision may make provision as to—
(a) when a modification of an international instrument is to be treated as taking effect for the purposes of subsection (2)(a) (read with subsection (3));
(b) when an international instrument is to be treated as having been replaced by another instrument for the purposes of subsection (2)(b).
(6) In this section—
(a) “international instrument” means an international convention or treaty or an instrument made under such a convention or treaty except that “international instrument” does not include an EU instrument;
(b) “subordinate legislation” has the same meaning as in the Interpretation Act 1978.
307 Application of Act to non-United Kingdom ships.
(1) The Secretary of State may make regulations specifying any description of non-United Kingdom ships and directing that such of the provisions of this Act and of instruments under this Act as may be specified in the regulations—
(a) shall extend to non-United Kingdom ships of that description and to masters and seamen employed in them, or
(b) shall so extend in such circumstances as may be so specified, with such modifications (if any) as may be so specified.
(2) Regulations under this section may contain such transitional, supplementary and consequential provisions as appear to the Secretary of State to be expedient.
(3) In this section “non-United Kingdom ships” means ships which are not registered in the United Kingdom.
(1) Subject to any other provision of it, this Act shall not apply to ships belonging to Her Majesty.
(2) Her Majesty may by Order in Council make regulations with respect to the manner in which Government ships may be registered as British ships under Part II; and this Act, subject to any exceptions and modifications which may be made by Order in Council, either generally or as respects any special class of Government ships, shall apply to government ships registered in accordance with the Order as if they were registered in accordance with Part II.
(3) Any Order in Council under subsection (2) above shall be laid before Parliament after being made.
(4) In this section “Government ships” means ships not forming part of Her Majesty’s Navy which belong to Her Majesty, or are held by any person on behalf of or for the benefit of the Crown (and for that reason cannot be registered under Part II).
309 Application of Act to ships chartered by demise to the Crown.
(1) This section applies to a ship if for the time being—
(a) the ship is—
(i) registered in the United Kingdom, and
(ii) in the service of a government department (including a Northern Ireland department) (“the relevant department”) by reason of a charter by demise to the Crown; and
(b) there is in force under section 308(2) an Order in Council providing for the registration of Government ships in the service of the relevant department.
(2) Where this section applies to any ship, the following statutory provisions, namely—
(a) the provisions of the Order in Council referred to in subsection (1)(b) above (excluding those relating to registration under the Order), and
(b) the provisions of this Act (as they apply by virtue of section 308(2) and that Order in Council),
shall (subject to subsections (3) and (4) below) have the same effect in relation to that ship as they have in relation to a Government ship in the service of the relevant department (whether referred to as such or as such a ship registered in pursuance of that Order in Council).
(3) Subject to subsection (4) below, Part II shall have effect in relation to a ship to which this section applies in like manner as if it were not, for the purposes of this Act, a ship belonging to Her Majesty.
(4) Her Majesty may by Order in Council provide that any statutory provision falling within subsection (2) or (3) above and specified in the Order—
(a) shall not have effect in accordance with that subsection in relation to a ship to which this section applies, or
(b) shall so have effect in relation to such a ship, but subject to such modifications as are specified in the Order.
(5) In the application of any provision of this Act (other than a provision of Part II) in relation to a ship to which this section applies, any reference to the owner of the ship shall be construed as a reference to the relevant department.
(6) An Order in Council under this section may make such transitional, incidental or supplementary provision as appears to Her Majesty to be necessary or expedient.
The enactments and instruments with respect to which provision may be made by Order in Council under section 1(1)(h) of the Hovercraft Act 1968 shall include this Act (except Parts I and II) and any instrument made thereunder.