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Merchant Shipping Act 1995 1995 c. 21 An Act to consolidate the Merchant Shipping Acts 1894 to 1994 and other enactments relating to merchant shipping. [19th July 1995] Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Propose a change(1) A ship is a British ship if— (a) the ship is registered in the United Kingdom under Part II; or (b) the ship is, as a Government ship, registered in the United Kingdom in pursuance of an Order in Council under section 308; or (c) the ship is registered under the law of a relevant British possession; or (d) the ship is a small ship other than a fishing vessel and— (i) is not registered under Part II, but (ii) is wholly owned by qualified owners, and (iii) is not registered under the law of a country outside the United Kingdom. (2) For the purposes of subsection (1)(d) above— “qualified owners” means persons of such description qualified to own British ships as is prescribed by regulations made by the Secretary of State for the purposes of that paragraph; and “small ship” means a ship less than 24 metres in length (“length” having the same meaning as in the tonnage regulations). (3) A ship is a “United Kingdom ship” for the purposes of this Act (except section 85 and 144(3)) if the ship is registered in the United Kingdom under Part II (and in Part V “United Kingdom fishing vessel” has a corresponding meaning).
Propose a change(1) The flag which every British ship is entitled to fly is the red ensign (without any defacement or modification) and, subject to subsections (2) and (3) below, no other colours. (2) Subsection (1) above does not apply to Government ships. (3) The following are also proper national colours, that is to say— (a) any colours allowed to be worn in pursuance of a warrant from Her Majesty or from the Secretary of State; (b) in the case of British ships registered in a relevant British possession, any colours consisting of the red ensign defaced or modified whose adoption for ships registered in that possession is authorised or confirmed by Her Majesty by Order in Council. (4) Any Order under subsection (3)(b) above shall be laid before Parliament after being made.
Propose a change(1) If the master or owner of a ship which is not a British ship does anything, or permits anything to be done, for the purpose of causing the ship to appear to be a British ship then, except as provided by subsections (2) and (3) below, the ship shall be liable to forfeiture and the master, the owner and any charterer shall each be guilty of an offence. (2) No liability arises under subsection (1) above where the assumption of British nationality has been made for the purpose of escaping capture by an enemy or by a foreign ship of war in the exercise of some belligerent right. (3) Where the registration of any ship has terminated by virtue of any provision of registration regulations, any marks prescribed by registration regulations displayed on the ship within the period of 14 days beginning with the date of termination of that registration shall be disregarded for the purposes of subsection (1) above. (4) If the master or owner of a British ship does anything, or permits anything to be done, for the purpose of concealing the nationality of the ship, the ship shall be liable to forfeiture and the master, the owner and any charterer of the ship shall each be guilty of an offence. (5) Without prejudice to the generality of subsections (1) and (4) above, those subsections apply in particular to acts or deliberate omissions as respects— (a) the flying of a national flag; (b) the carrying or production of certificates of registration or other documents relating to the nationality of the ship; and (c) the display of marks required by the law of any country. (6) Any person guilty of an offence under this section shall be liable— (a) on summary conviction, to a fine not exceeding £50,000 a fine; (b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both. (7) This section applies to things done outside, as well as to things done within, the United Kingdom.
Propose a change(1) If any of the following colours, namely— (a) any distinctive national colours except— (i) the red ensign, (ii) the Union flag (commonly known as the Union Jack) with a white border, or (iii) any colours authorised or confirmed under section 2(3)(b); or (b) any colours usually worn by Her Majesty’s ships or resembling those of Her Majesty, or (c) the pendant usually carried by Her Majesty’s ships or any pendant resembling that pendant, are hoisted on board any British ship without warrant from Her Majesty or from the Secretary of State, the master of the ship, or the owner of the ship (if on board), and every other person hoisting them shall be guilty of an offence. (2) A person guilty of an offence under subsection (1) above shall be liable— (a) on summary conviction, to a fine not exceeding the statutory maximum; (b) on conviction on indictment, to a fine. (3) If any colours are hoisted on board a ship in contravention of subsection (1) above, any of the following, namely— (a) any commissioned naval or military officer, (b) any officer of customs and excise, and (c) any British consular officer, may board the ship and seize and take away the colours. (4) Any colours seized under subsection (3) above shall be forfeited to Her Majesty. (5) In this section “colours” includes any pendant.
Propose a change(1) Subject to subsection (2) below, a British ship, other than a fishing vessel, shall hoist the red ensign or other proper national colours— (a) on a signal being made to the ship by one of Her Majesty’s ships (including any ship under the command of a commissioned naval officer); and (b) on entering or leaving any foreign port; and (c) in the case of ships of 50 or more tons gross tonnage, on entering or leaving any British port. (2) Subsection (1)(c) above does not apply to a small ship (as defined in section 1(2)) registered under Part II.
Propose a change(1) An officer of customs and excise shall not grant a clearance or transire for any ship until the master of such ship has declared to that officer the name of the nation to which he claims that the ship belongs, and that officer shall thereupon enter that name on the clearance or transire. (2) If a ship attempts to proceed to sea without such clearance or transire, the ship may be detained until the declaration is made.
Propose a change(1) Where any ship has either wholly or as to any share in it become liable to forfeiture under this Part— (a) any commissioned naval or military officer, or (b) any person appointed by the Secretary of State for the purposes of this section; may seize and detain the ship and bring the ship for adjudication before the court. (2) Where a ship is subject to adjudication under this section the court may— (a) adjudge the ship and her equipment to be forfeited to Her Majesty; and (b) make such order in the case as seems just. (3) No officer or person bringing proceedings under this section shall be liable in damages in respect of the seizure or detention of the ship, notwithstanding that the ship has not been proceeded against or, if proceeded against, adjudicated not liable to forfeiture, if the court is satisfied that there were reasonable grounds for the seizure or detention. (4) If the court is not so satisfied the court may award costs (or in Scotland expenses) and damages to the party aggrieved and make such other order as the court thinks just. (5) In this section “the court” means the High Court or, in Scotland, the Court of Session.
Propose a change(1) There shall continue to be a register of British ships for all registrations of ships in the United Kingdom. (2) The register shall be maintained by the Registrar General of Shipping and Seamen as registrar. (3) The Secretary of State may designate any person to discharge, on behalf of the registrar, all his functions or such of them as the Secretary of State may direct. (4) The Secretary of State may give to the registrar directions of a general nature as to the discharge of any of his functions. (5) The register shall be so constituted as to distinguish, in a separate part, registrations of fishing vessels and may be otherwise divided into parts so as to distinguish between classes or descriptions of ships. (6) The register shall be maintained in accordance with registration regulations and the private law provisions for registered ships and any directions given by the Secretary of State under subsection (4) above. (7) The register shall be available for public inspection.
Propose a change(1) A ship is entitled to be registered if— (a) it is owned, to the prescribed extent, by persons qualified to own British ships; and (b) such other conditions are satisfied as are prescribed under subsection (2)(b) below; (and any application for registration is duly made). (2) It shall be for registration regulations— (a) to determine the persons who are qualified to be owners of British ships, or British ships of any class or description, and to prescribe the extent of the ownership required for compliance with subsection (1)(a) above; (b) to prescribe other requirements designed to secure that, taken in conjunction with the requisite ownership, only ships having a British connection are registered. (3) The registrar may, nevertheless, if registration regulations so provide, refuse to register or terminate the registration of a ship if, having regard to any relevant requirements of this Act, he considers it would be inappropriate for the ship to be or, as the case may be, to remain registered. (4) The registrar may, if registration regulations so provide, register a fishing vessel notwithstanding that the requirement of subsection (1)(a) above is not satisfied in relation to a particular owner of a share in the vessel if the vessel otherwise has a British connection. (5) Where a ship becomes registered at a time when it is already registered under the law of a country other than the United Kingdom, the owner of the ship shall take all reasonable steps to secure the termination of the ship’s registration under the law of that country. (6) Subsection (5) above does not apply to a ship which becomes registered on a transfer of registration to the register from a relevant British possession. (7) Any person who contravenes subsection (5) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale. (8) In this section “the relevant requirements of this Act” means the requirements of this Act (including requirements falling to be complied with after registration) relating to— (a) the condition of ships or their equipment so far as relevant to their safety or any risk of pollution; and (b) the safety, health and welfare of persons employed or engaged in them. (9) In this Part references to a ship’s having a British connection are references to compliance with the conditions of entitlement imposed by subsection (1)(a) and (b) above and “declaration of British connection” is to be construed accordingly.
Propose a change(1) The Secretary of State shall by regulations (to be known as registration regulations) make provision for and in connection with the registration of ships as British ships. (2) Without prejudice to the generality of subsection (1) above, registration regulations may, in particular, make provision with respect to any of the following matters— (a) the persons by whom and the manner in which applications in connection with registration are to be made; (b) the information and evidence (including declarations of British connection) to be provided in connection with such applications and such supplementary information or evidence as may be required by any specified authority; (c) the shares in the property in, and the numbers of owners (including joint owners) of, a ship permitted for the purposes of registration and the persons required or permitted to be registered in respect of a ship or to be so registered in specified circumstances; (d) the issue of certificates (including provisional certificates) of registration, their production and surrender; (e) restricting and regulating the names of ships registered or to be registered; (f) the marking of ships registered or to be registered, including marks for identifying the port to which a ship is to be treated as belonging; (g) the period for which registration is to remain effective without renewal; (h) the production to the registrar of declarations of British connection or other information relating thereto, as respects registered ships, at specified intervals or at his request; (i) the survey and inspection of ships registered or to be registered and the recording of their tonnage as ascertained (or re-ascertained) under the tonnage regulations; (j) the refusal, suspension and termination of registration in specified circumstances; (k) matters arising out of the expiration, suspension or termination of registration (including the removal of marks and the cancellation of certificates); (l) the charging of fees in connection with registration or registered ships; (m) the transfer of the registration of ships to and from the register from and to registers or corresponding records in countries other than the United Kingdom; (n) inspection of the register; (o) any other matter which is authorised or required by this Part to be prescribed in registration regulations; but no provision determining, or providing for determining, the fees to be charged or prescribing any arrangements for their determination by other persons shall be made without the approval of the Treasury. (3) Registration regulations may— (a) make different provision for different classes or descriptions of ships and for different circumstances; (b) without prejudice to paragraph (a) above, make provision for the granting of exemptions or dispensations by the Secretary of State from specified requirements of the regulations, subject to such conditions (if any) as he thinks fit to impose; and (c) make such transitional, incidental or supplementary provision as appears to the Secretary of State to be necessary or expedient, including provision authorising investigations and conferring powers of inspection for verifying the British connection of a ship. (4) Registration regulations— (a) may make provision for the registration of any class or description of ships to be such as to exclude the application of the private law provisions for registered ships and, if they do, may regulate the transfer, transmission or mortgaging of ships of the class or description so excluded; (b) may make provision for any matter which is authorised or required by those provisions to be prescribed by registration regulations; and (c) shall make provision precluding notice of any trust being entered in the register or being receivable by the registrar except as respects specified classes or descriptions of ships or in specified circumstances. (5) Registration regulations may create offences subject to the limitation that no offence shall be punishable with imprisonment or punishable on summary conviction with a fine exceeding level 5 on the standard scale. (6) Registration regulations may provide for— (a) the approval of forms by the Secretary of State; and (b) the discharge of specified functions by specified authorities or persons. (7) Registration regulations may provide for any of their provisions to extend to places outside the United Kingdom. (8) Any document purporting to be a copy of any information contained in an entry in the register and to be certified as a true copy by the registrar shall be evidence (and, in Scotland, sufficient evidence) of the matters stated in the document. (9) Registration regulations may provide that any reference in any other Act or in any instrument made under any other Act to the port of registry or the port to which a ship belongs shall be construed as a reference to the port identified by the marks required for the purpose by registration regulations.
Propose a changeWhen the tonnage of any ship has been ascertained and registered in accordance with the tonnage regulations that tonnage shall be treated as the tonnage of the ship except so far as registration regulations provide, in specified circumstances, for the ship to be re-measured and the register amended accordingly.
Propose a change(1) Her Majesty may by Order in Council make such provision in relation to the ships of a foreign country as is authorised by this section where it appears to Her that the tonnage regulations have been adopted by the foreign country and are in force there. (2) An Order under this section may order that the ships of the foreign country shall, without being re-measured in the United Kingdom, be treated as being of the tonnage denoted by their certificates of registration or other national papers, to the same extent, and for the same purposes as the tonnage denoted in the certificate of registration of a United Kingdom ship is treated as being the tonnage of that ship. (3) Where an Order under this section is in force in relation to the ships of any country any space shown in the ship’s certificate of registration or other national papers as deducted from the tonnage shall, if a similar deduction in the case of a United Kingdom ship depends on compliance with any conditions or on the compliance being evidenced in any manner, be treated as complying with those conditions and as being so evidenced, unless a surveyor of ships certifies to the Secretary of State that the construction and equipment of the ship as respects that space do not come up to the standard which would be required if the ship were a United Kingdom ship. (4) Any such Order may— (a) operate for a limited time; and (b) be subject to such conditions and qualifications (if any) as Her Majesty may consider expedient. (5) If it appears to Her Majesty that the tonnage of any foreign ship, as measured by the rules of the country to which the ship belongs, materially differs from what it would be under the tonnage regulations, Her Majesty may by Order in Council order that, notwithstanding any Order in Council in force under this section, any of the ships of that country may, for all or any of the purposes of this Act, be re-measured in accordance with the tonnage regulations.
Propose a changeThe certificate of registration of a British ship shall be used only for the lawful navigation of the ship, and shall not be subject to detention to secure any private right or claim.
Propose a change(1) Any person who, in relation to any matter relevant to the British connection of a ship— (a) makes to the registrar a statement which he knows to be false or recklessly makes a statement which is false; or (b) furnishes to the registrar information which is false, shall be guilty of an offence. (2) If at any time there occurs, in relation to a registered ship, any change affecting the British connection of the ship the owner of the ship shall, as soon as practicable after the change occurs, notify the registrar of that change; and if he fails to do so he shall be guilty of an offence. (3) Any person who intentionally alters, suppresses, conceals or destroys a document which contains information relating to the British connection of a ship and which he has been required to produce to the registrar in pursuance of registration regulations shall be guilty of an offence. (4) A person guilty of an offence under this section shall be liable— (a) on summary conviction, to 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. (5) This section applies to things done outside, as well as to things done within, the United Kingdom.
Propose a change(1) Subject to subsection (2) below, if a fishing vessel which— (a) is either— (i) entitled to be registered, or (ii) wholly owned by persons qualified to be owners of British ships, but (b) is registered neither under this Act in the part of the register relating to fishing vessels nor under the law of any country outside the United Kingdom, fishes for profit the vessel shall be liable to forfeiture and the skipper, the owner and the charterer of the vessel shall each be guilty of an offence. (2) Subsection (1) above does not apply to fishing vessels of such classes or descriptions or in such circumstances as may be specified in regulations made by the Secretary of State. (3) If the skipper or owner of a fishing vessel which is not registered in the United Kingdom does anything, or permits anything to be done, for the purpose of causing the vessel to appear to be a vessel registered in the United Kingdom, then, subject to subsection (4) below, the vessel shall be liable to forfeiture and the skipper, the owner and any charterer of the vessel shall each be guilty of an offence. (4) Where the registration of a fishing vessel has terminated by virtue of any provision of registration regulations, any marks prescribed by registration regulations displayed on the fishing vessel within the period of 14 days beginning with the date of termination of that registration shall be disregarded for the purposes of subsection (3) above. (5) Any person guilty of an offence under this section shall be liable— (a) on summary conviction, to a fine not exceeding £50,000 a fine; (b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both. (6) Proceedings for an offence under this section shall not be instituted— (a) in England and Wales, except by or with the consent of the Attorney General or the Secretary of State . . .; or (b) in Northern Ireland, except by or with the consent of the Attorney General for Northern Ireland, the Secretary of State or the Minister. (7) In subsection (6) above “the Minister”— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) in relation to Northern Ireland, means the Secretary of State concerned with sea fishing in Northern Ireland. (8) This section applies to things done outside, as well as to things done within, the United Kingdom. (9) Sections 8 and 9 of the Sea Fisheries Act 1968 (general powers of British sea-fishery officers and powers of sea-fishery officers to enforce conventions) shall apply in relation to any provision of this section or of registration regulations in their application to fishing vessels or fishing vessels of any class or description as they apply in relation to any order mentioned in section 8 of that Act and in relation to any convention mentioned in section 9 of that Act respectively; and sections 10 to 12 and 14 of that Act (offences and supplemental proceedings as to legal proceedings) shall apply accordingly.
Propose a change(1) Schedule 1 (which makes provision relating to the title to, and the registration of mortgages over, ships) shall have effect. (2) Schedule 1 does not apply in relation to ships which are excluded from its application by registration regulations under section 10(4)(a). (3) Where any person is beneficially interested, otherwise than as mortgagee, in any ship or share in a ship registered in the name of some other person as owner, the person so interested shall, as well as the registered owner, be liable to any pecuniary penalties imposed by or under this Act or any other Act on the owners of registered ships. (4) Where the registration of any ship terminates by virtue of any provision of registration regulations, the termination of that registration shall not affect any entry made in the register so far as relating to any undischarged registered mortgage of that ship or of any share in it. (5) In subsection (4) above “registered mortgage” has the same meaning as in that Schedule. (6) In this Part “the private law provisions for registered ships” means the provisions of Schedule 1 and registration regulations made for the purposes of that Schedule or the provisions of registration regulations made under section 10(4)(a).
Propose a change(1) This section applies to any ship which— (a) is registered under the law of a country other than the United Kingdom (“the country of original registration”), (b) is chartered on bareboat charter terms to a charterer who is a person qualified to own British ships, and (c) is so chartered in circumstances where the conditions of entitlement to registration prescribed under section 9(2)(b), read with the requisite modifications, are satisfied as respects the charterer and the ship. (2) The “requisite modifications” of those conditions are the substitution for any requirement to be satisfied by or as respects the owner of a ship of a corresponding requirement to be satisfied by or as respects the charterer of the ship. (3) A ship to which this section applies is entitled to be registered if an application for registration is duly made, but section 9(3) applies also in relation to registration by virtue of this section. (4) The registration of a ship registered by virtue of this section shall remain in force (unless terminated earlier by virtue of registration regulations and subject to any suspension thereunder) until the end of the charter period and shall then terminate by virtue of this subsection. (5) Section 9(5) does not apply to a ship registered by virtue of this section but registration regulations shall include provision for securing that the authority responsible for the registration of ships in the country of original registration is notified of the registration of the ship and of the termination of its registration whether by virtue of subsection (4) above or registration regulations. (6) Accordingly, throughout the period for which a ship is registered by virtue of this section— (a) the ship shall, as a British ship, be entitled to fly the British flag; (b) this Act shall, subject to subsections (7) and (8) below, apply to the ship as a British ship or as a registered ship as it applies to other British ships and to registered ships; and (c) any other enactment applicable to British ships or ships registered under this Act shall, subject to subsection (8) below, apply to the ship as a British ship or as a registered ship. (7) The private law provisions for registered ships shall not apply to a ship registered by virtue of this section and any matters or questions corresponding to those for which the private law provisions for registered ships make provision shall be determined by reference to the law of the country of original registration. (8) Her Majesty may, subject to subsection (9) below, by Order in Council, provide that any enactment falling within subsection (6)(b) or (c) above— (a) shall not have effect in accordance with that subsection in relation to a ship registered by virtue of this section, or (b) shall so have effect subject to such modifications (if any) as may be specified in the Order. (9) No provision shall be made by an Order in Council under subsection (8) above which would have the effect of relaxing the relevant requirements of this Act (as defined in section 9(8)) in their application to a ship to which this section applies. (10) An Order in Council under subsection (8) above may make such transitional, incidental or supplementary provision as appears to Her Majesty to be necessary or expedient (including provision divesting or providing for the divestment of ownership in the ship). (11) In this section— “bareboat charter terms”, in relation to a ship, means the hiring of the ship for a stipulated period on terms which give the charterer possession and control of the ship, including the right to appoint the master and crew; and “the charter period” means the period during which the ship is chartered on bareboat charter terms.
Propose a change(1) Her Majesty may by Order in Council make provision for regulating the registration in relevant British possessions of ships other than small ships and fishing vessels by reference to categories of registries established by the Order. (2) Any such Order may— (a) establish different categories of registries to which different restrictions on the registrations of ships in such possessions apply, being restrictions framed by reference to— (i) ships’ tonnages, or (ii) types of ships, or (iii) any other specified matter, or (iv) any combination of matters falling within one or more of the preceding sub-paragraphs, as well as a category of registries to which no such restriction applies; (b) assign any relevant British possession to such one of the categories so established as appears to Her Majesty to be appropriate; (c) provide that, where a relevant British possession has been assigned to a category to which any such restriction on registration as is mentioned in paragraph (a) applies, no ship covered by that restriction shall be registered under the law of that possession; (d) specify circumstances in which ships may be exempted from any provision made by virtue of paragraph (c) above. (3) Any provision made by virtue of subsection (2)(c) above shall be expressed to be without prejudice to the operation of any provision for the time being in force under the law of any such possession as is mentioned in subsection (2)(c) above by virtue of which the registration of ships in that possession is, or may be, further restricted. (4) 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. (5) In this section “small ship” has the meaning given by section 1(2).
Propose a change(1) The tonnage of any ship to be registered under this Part shall be ascertained in accordance with regulations made by the Secretary of State (“tonnage regulations”). (2) Tonnage regulations— (a) may make different provisions for different descriptions of ships or for the same description of ships in different circumstances; (b) may make any regulation dependent on compliance with such conditions, to be evidenced in such manner, as may be specified in the regulations; (c) may prohibit or restrict the carriage of goods or stores in spaces not included in the registered tonnage and may provide for making the master and the owner each liable to a fine not exceeding level 3 on the standard scale where such a prohibition or restriction is contravened. (3) Tonnage regulations may make provision— (a) for assigning to a ship, either instead of or as an alternative to the tonnage ascertained in accordance with the other provisions of the regulations, a lower tonnage applicable where the ship is not loaded to the full depth to which it can safely be loaded; (b) for indicating on the ship, by such mark as may be specified in the regulations, that such a lower tonnage has been assigned to it; and (c) where the lower tonnage has been assigned to it as an alternative, for indicating on the ship the depth to which the ship may be loaded for the lower tonnage to be applicable. (4) Tonnage regulations may provide for the measurement and survey of ships to be undertaken, in such circumstances as may be specified in the regulations by persons appointed by such organisations as may be authorised for the purpose by the Secretary of State. (5) Tonnage regulations may provide for the issue, by the Secretary of State or by persons appointed by such organisations as may be authorised for the purpose by the Secretary of State, of certificates of the registered tonnage of any ship or of the tonnage which is to be taken for any purpose specified in the regulations as the tonnage of a ship not registered in the United Kingdom, and for the cancellation and delivery up of such certificates in such circumstances as may be prescribed by the regulations. (6) Regulations requiring the delivery up of any certificate may make a failure to comply with the requirement an offence punishable on summary conviction with a fine not exceeding level 3 on the standard scale.
Propose a changeSection 7 applies in relation to ships or shares in ships which become liable to forfeiture under this Part as it applies in relation to ships or shares in ships which become liable to forfeiture under Part 1.
Propose a change(1) No obligation as to secrecy or other restriction on the disclosure of information (whether imposed by statute or otherwise) shall preclude any of the persons mentioned in subsection (2) below from disclosing— (a) to the Secretary of State, or (b) to the registrar, or (c) to an authorised officer of the Secretary of State, information for the purpose of assisting the Secretary of State in the performance of his functions under this Part. (2) The persons referred to in subsection (1) above are— (a) the Minister of Agriculture, Fisheries and Food, (b) the Secretaries of State respectively concerned with sea fishing in Scotland, Wales and Northern Ireland, (c) the Department of Agriculture for Northern Ireland, (d) the Commissioners of Customs and Excise, and (e) an authorised officer of any of the persons falling within paragraphs (a) to (d) above. (3) Information obtained by any person in pursuance of subsection (1) above shall not be disclosed by him to any other person except where the disclosure is made— (a) to a person to whom the information could have been disclosed by any of the persons mentioned in subsection (2) above in accordance with subsection (1) above, or (b) for the purposes of any legal proceedings arising out of this Part.
Propose a change(1) In Scotland, if any person forges or fraudulently alters— (a) any entry or endorsement in the register; or (b) subject to subsection (2) below, any other document as respects which provision is made by, under or by virtue of this Part (or any entry or endorsement in or on such other document and as respects which provision is so made), he shall be liable— (i) 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 (ii) on conviction on indictment, to a fine or to imprisonment or to both. (2) Subsection (1)(b) does not apply in respect of actings which constitute an offence under section 288(6) or 300(8).
Propose a change(1) In this Part— “British connection” and “declaration of British connection” have the meaning given in section 9(9); “the private law provisions for registered ships” has the meaning given in section 16; “the register” means the register of British ships maintained for the United Kingdom under section 8 and “registered” (except with reference to the law of another country) is to be construed accordingly; and “the registrar” means the Registrar General of Shipping and Seamen in his capacity as registrar or, as respects functions of his being discharged by another authority or person, that authority or person. (2) Where, for the purposes of any enactment the question arises whether a ship is owned by persons qualified to own British ships, the question shall be determined by reference to registration regulations made under section 9(2)(a).
Propose a change(1) With the exceptions specified in subsection (2) below, this Part applies only to ships which are sea-going ships and masters and seamen employed in sea-going ships. (2) Those exceptions are sections 43, 46 to 52, 54, 55, 58, 61 to 68 and 69. (2A) Sections 25, 26, 30, 31, 33, 38(1), 44, 45, 55 and 73 to 75 apply to sea-going United Kingdom ships and masters and seamen employed in them only if they are— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) ships of traditional build; or (c) vessels which are not ordinarily engaged in commercial activities. (3) This Part, in its application to fishing vessels and persons serving in them, has effect subject to the modifications made by Part V and in particular sections 110 and 112 apply to the exclusion of sections 30 and 31.
Propose a change(1) Except as provided under subsection (5) below, an agreement in writing shall be made between each person employed as a seaman in a United Kingdom ship and the persons employing him and shall be signed both by him and by or on behalf of them. (2) The agreements made under this section with the several persons employed in a ship shall be contained in one document (in this Part referred to as a crew agreement) except that in such cases as the Secretary of State may approve— (a) the agreements to be made under this section with the persons employed in a ship may be contained in more than one crew agreement; and (b) one crew agreement may relate to more than one ship. (3) The provisions and form of a crew agreement must be of a kind approved by the Secretary of State; and different provisions and forms may be so approved for different circumstances. (4) Subject to the following provisions of this section, a crew agreement shall be carried in the ship to which it relates whenever the ship goes to sea. (5) The Secretary of State may make regulations providing for exemptions from the requirements of this section— (a) with respect to such descriptions of ship as may be specified in the regulations or with respect to voyages in such areas or such description of voyages as may be so specified; or (b) with respect to such descriptions of seamen as may be specified in the regulations; and the Secretary of State may grant other exemptions from those requirements (whether with respect to particular seamen or with respect to seamen employed by a specified person or in a specified ship or in the ships of a specified person) in cases where the Secretary of State is satisfied that the seamen to be employed otherwise than under a crew agreement will be adequately protected. (6) Where, but for an exemption granted by the Secretary of State, a crew agreement would be required to be carried in a ship or a crew agreement carried in the ship would be required to contain an agreement with a person employed in a ship, the ship shall carry such document evidencing the exemption as the Secretary of State may direct. (7) Regulations under this section may enable ships required under this section to carry a crew agreement to comply with the requirement by carrying a copy thereof, certified in such manner as may be provided by the regulations. (8) If a ship goes to sea or attempts to go to sea in contravention of the requirements of this section the master or the person employing the crew shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale and the ship, if in the United Kingdom, may be detained.
Propose a change(1) The Secretary of State may make regulations— (a) requiring such notice as may be specified in the regulations to be given to a superintendent or proper officer, except in such circumstances as may be so specified, before a crew agreement is made or an agreement with any person is added to those contained in a crew agreement; (b) providing for the delivery to a superintendent or proper officer or the Registrar General of Shipping and Seamen of crew agreements and agreements added to those contained in a crew agreement and of copies of crew agreements and of agreements so added; (c) requiring the posting in ships of copies of or extracts from crew agreements; (d) requiring copies of or extracts from crew agreements to be supplied to members of the crew demanding them and requiring copies of or extracts from documents referred to in crew agreements to be made available, in such circumstances as may be specified in the regulations, for inspection by members of the crew; and (e) requiring any documents carried in a ship in pursuance of section 25 to be produced on demand to an officer of customs and excise. (2) Regulations under this section may make a contravention of any provision thereof an offence punishable, on summary conviction, with a fine not exceeding level 3 on the standard scale or such less amount as may be specified in the regulations.
Propose a change(1) The Secretary of State may make regulations prescribing the procedure to be followed in connection with the discharge of seamen from United Kingdom ships. (2) Without prejudice to the generality of subsection (1) above, regulations under this section may make provision— (a) requiring notice of such a discharge to be given at such time as may be specified in the regulations to the superintendent or proper officer at a place specified in or determined under the regulations; (b) requiring such a discharge to be recorded, whether by entries in the crew agreement and discharge book or otherwise, and requiring copies of any such entry to be given to a superintendent or proper officer or the Registrar General of Shipping and Seamen. (3) Regulations under this section may provide that in such cases as may be specified in the regulations, or except in such cases as may be specified in or determined under the regulations, a seaman shall not be discharged outside the United Kingdom from a United Kingdom ship without the consent of the proper officer. (4) Regulations under this section may make a contravention of any provision thereof an offence punishable, on summary conviction, with a fine not exceeding level 3 on the standard scale or such less amount as may be specified in the regulations.
Propose a changeRegulations made under section 27 may apply any provision thereof, with such modifications as appear to the Secretary of State to be appropriate, to cases where a seaman employed in a United Kingdom ship is left behind outside the United Kingdom otherwise than on being discharged from the ship.
Propose a changeWhere a United Kingdom ship ceases to be registered, any seaman employed in the ship shall be discharged from the ship unless he consents in writing to continue his employment in the ship; and sections 30 to 33 shall apply in relation to his wages as if the ship had remained a United Kingdom ship.
Propose a change(1) Where a seaman employed under a crew agreement relating to a United Kingdom ship leaves the ship on being discharged from it, then, except as provided by or under this Part or any other enactment, the wages due to the seaman under the agreement shall either— (a) be paid to him in full at the time when he so leaves the ship (in this section and in section 31 referred to as the time of discharge), or (b) be paid to him in accordance with subsections (4) and (5) below. (2) If the amount shown in the account delivered to a seaman under section 31(1) as being the amount payable to him under subsection (1)(a) above is replaced by an increased amount shown in a further account delivered to him under section 31(3), the balance shall be paid to him within seven days of the time of discharge; and if the amount so shown in the account delivered to him under section 31(1) exceeds £50 and it is not practicable to pay the whole of it at the time of discharge, not less than £50 nor less than one-quarter of the amount so shown shall be paid to him at that time and the balance within seven days of that time. (3) If any amount which, under subsection (1)(a) or (2) above, is payable to a seaman is not paid at the time at which it is so payable the seaman shall be entitled to wages at the rate last payable under the crew agreement for every day on which it remains unpaid during the period of 56 days following the time of discharge; and if any such amount or any amount payable by virtue of this subsection remains unpaid after the end of that period it shall carry interest at the rate of 20 per cent. per annum. (4) Where the crew agreement referred to in subsection (1) above provides for the seaman’s basic wages to be payable up-to-date at specified intervals not exceeding one month, and for any additional amounts of wages to be payable within the pay cycle following that to which they relate, any amount of wages due to the seaman under the agreement shall (subject to subsection (5) below) be paid to him not later than the date on which the next payment of his basic wages following the time of discharge would have fallen due if his employment under the agreement had continued. (5) If it is not practicable, in the case of any amount due to the seaman by way of wages additional to his basic wages, to pay that amount by the date mentioned in subsection (4) above, that amount shall be paid to him not later than what would have been the last day of the pay cycle immediately following that date if his employment under the crew agreement had continued. (6) If any amount which, under subsection (4) or (5) above, is payable to a seaman is not paid at the time at which it is so payable, it shall carry interest at the rate of 20 per cent. per annum. (7) The provisions of subsection (3) or (6) above shall not apply if the failure to pay was due to— (a) a mistake, (b) a reasonable dispute as to liability, (c) the act or default of the seaman, or (d) any other cause, not being the wrongful act or default of the persons liable to pay his wages or of their servants or agents; and so much of those provisions as relates to interest on the amount due shall not apply if a court in proceedings for its recovery so directs. (8) Where a seaman is employed under a crew agreement relating to more than one ship the preceding provisions of this section shall have effect, in relation to wages due to him under the agreement, as if for any reference to the time of discharge there were substituted a reference to the termination of his employment under the crew agreement. (9) Where a seaman, in pursuance of section 29, is discharged from a ship outside the United Kingdom but returns to the United Kingdom under arrangements made by the persons who employed him, the preceding provisions of this section shall have effect, in relation to the wages due to him under a crew agreement relating to the ship, as if for the references in subsections (1) to (4) above to the time of discharge there were substituted references to the time of his return to the United Kingdom, and subsection (8) above were omitted. (10) For the purposes of this section any amount of wages shall, if not paid to him in cash, be taken to have been paid to a seaman— (a) on the date when a cheque, or a money or postal order issued by a Post Office company (as defined by section 6 of the Postal Services Act 2011), for that amount was despatched by a recorded delivery service to the seaman’s last known address, or (b) on the date when any account kept by the seaman with a bank or other institution was credited with that amount.
Propose a change(1) Subject to subsections (4) and (5) below and to regulations made under section 32 or 73, the master of every United Kingdom ship shall deliver to every seaman employed in the ship under a crew agreement an account of the wages due to him under that crew agreement and of the deductions subject to which the wages are payable. (2) The account shall indicate that the amounts stated therein are subject to any later adjustment that may be found necessary and shall be delivered not later than 24 hours before the time of discharge or, if the seaman is discharged without notice or at less than 24 hours’ notice, at the time of discharge. (3) If the amounts stated in the account require adjustment the persons who employed the seaman shall deliver to him a further account stating the adjusted amounts; and that account shall be delivered not later than the time at which the balance of his wages is payable to the seaman. (4) Where section 30(4) or (5) applies to the payment of any amount of wages due to a seaman under a crew agreement— (a) the persons who employed the seaman shall deliver to him an account of the wages payable to him under that subsection and of the deductions subject to which the wages are payable; and (b) any such account shall be so delivered at the time when the wages are paid to him; and (c) subsections (1) to (3) above shall not apply; and section 30(10) shall apply for the purposes of this subsection as it applies for the purposes of that section. (5) Where a seaman is employed under a crew agreement relating to more than one ship any account which under the preceding provisions of this section would be required to be delivered to him by the master shall instead be delivered to him by the persons employing him and shall be so delivered on or before the termination of his employment under the crew agreement. (6) If a person fails without reasonable excuse to comply with the preceding provisions of this section he shall be liable, on summary conviction, to a fine not exceeding level 2 on the standard scale.
Propose a changeThe Secretary of State may make regulations— (a) authorising deductions to be made from the wages due to a seaman under a crew agreement or such other type of agreement as may be specified in the regulations (in addition to any authorised by any provision of this Part or of any other enactment for the time being in force) in cases where a breach of his obligations under the agreement is alleged against him and such conditions, if any, as may be specified in the regulations are complied with, or in such other cases as may be specified in the regulations; (b) regulating the manner in which any amounts deducted under the regulations are to be dealt with; (c) prescribing the manner in which wages due to a seaman under the agreement are to be or may be paid; (d) regulating the manner in which such wages are to be dealt with and accounted for in circumstances where a seaman leaves his ship in the United Kingdom otherwise than on being discharged therefrom; (e) prescribing the form and manner in which any account required to be delivered by section 31 is to be prepared and the particulars to be contained therein (which may include estimated amounts).
Propose a change(1) Any dispute relating to the amount payable to a seaman employed under a crew agreement may be submitted by the parties to a superintendent or proper officer for decision; but the superintendent or proper officer shall not be bound to accept the submission or, if he has accepted it, to decide the dispute, if he is of the opinion that the dispute, whether by reason of the amount involved or for any other reason, ought not to be decided by him. (2) The decision of a superintendent or proper officer on a dispute submitted to him under this section shall be final.
Propose a change(1) As respects the wages due or accruing to a seaman employed in a United Kingdom ship— (a) the wages shall not be subject to attachment; (b) the wages shall not, in Scotland, be subject to any diligence other than those provided for in section 46(1) of the Debtors (Scotland) Act 1987; (c) an assignment thereof before they have accrued shall not bind the seaman and the payment of the wages to the seaman shall be valid notwithstanding any previous assignment or charge; and (d) a power of attorney or authority for the receipt of the wages shall not be irrevocable. (2) Nothing in this section shall affect the provisions of this Part with respect to allotment notes. (3) Nothing in this section applies to any disposition relating to the application of wages— (a) in the payment of contributions to a fund declared by regulations made by the Secretary of State to be a fund to which this section applies; or (b) in the payment of contributions in respect of the membership of a body declared by regulations made by the Secretary of State to be a body to which this section applies; or to anything done or to be done for giving effect to such a disposition. (4) Subsection (1)(a) above is subject, in relation to England and Wales, to the Attachment of Earnings Act 1971. (5) Subsection (1)(a) above is subject to any provision made by or under— (a) section 31 or 33 of the Child Support Act 1991 (deductions from earnings orders); or (b) Article 31 or 32 of the Child Support (Northern Ireland) Order 1991 (deductions from earnings orders).
Propose a changeIn any proceedings by the master of a ship or a person employed in a ship otherwise than under a crew agreement or an agreement specified in regulations under section 32(a) for the recovery of any sum due to him as wages the court, unless it appears to it that the delay in paying the sum was due to— (a) a mistake, (b) a reasonable dispute as to liability, (c) the act or default of the person claiming the amount, or (d) any other cause, not being the wrongful act or default of the persons liable to make the payment or their servants or agents, may order them to pay, in addition to the sum due, interest on it at the rate of 20 per cent. per annum or such lower rate as the court may specify, for the period beginning seven days after the sum became due and ending when the sum is paid.
Propose a change(1) Subject to the following provisions of this section, a seaman may, by means of an allotment note issued in accordance with regulations made by the Secretary of State, allot to any person or persons part of the wages to which he will become entitled in the course of his employment in a United Kingdom ship or ships. (2) A seaman’s right to make an allotment under this section shall be subject to such limitations as may, by virtue of the following provisions of this section, be imposed by regulations made by the Secretary of State. (3) Regulations made by the Secretary of State for the purposes of this section may prescribe the form of allotment notes and— (a) may limit the circumstances in which allotments may be made; (b) may limit (whether by reference to an amount or by reference to a proportion) the part of the wages that may be allotted and the number of persons to whom it may be allotted and may prescribe the method by which that part is to be calculated; (c) may limit the persons to whom allotments may be made by a seaman to persons of such descriptions or persons standing to him in such relationships as may be prescribed by the regulations; (d) may prescribe the times and the intervals at which payments under allotment notes are to be made. (4) Regulations under this section may make different provision in relation to different descriptions of seamen and different circumstances.
Propose a change(1) A person to whom any part of a seaman’s wages has been allotted by an allotment note issued in accordance with regulations made under section 36 shall have the right to recover that part in his own name and for that purpose shall have the same remedies as the seaman has for the recovery of his wages. (2) In any proceedings brought by a person named in such an allotment note as the person to whom any part of a seaman’s wages has been allotted it shall be presumed, unless the contrary is shown, that the seaman is entitled to the wages specified in the note and that the allotment has not been varied or cancelled.
Propose a change(1) Where a United Kingdom ship is wrecked or lost a seaman whose employment in the ship is thereby terminated before the date contemplated in the agreement under which he is so employed shall, subject to the following provisions of this section, be entitled to wages at the rate payable under the agreement at the date of the wreck or loss for every day on which he is unemployed in the two months following that date. (2) Where a United Kingdom ship is sold while outside the United Kingdom or ceases to be a United Kingdom ship and a seaman’s employment in the ship is thereby terminated before the date contemplated in the agreement under which he is so employed, then, unless it is otherwise provided in the agreement, he shall, subject to the following provisions of this section, be entitled to wages at the rate payable under the agreement at the date on which his employment is terminated for every day on which he is unemployed in the two months following that date. (3) A seaman shall not be entitled to wages by virtue of subsection (1) or (2) above for a day on which he was unemployed, if it is shown— (a) that the unemployment was not due to the wreck or loss of the ship or, as the case may be, the termination of his employment on the sale of the ship or its ceasing to be a United Kingdom ship; or (b) that the seaman was able to obtain suitable employment for that day but unreasonably refused or failed to take it. (4) This section shall apply to a master as it does to a seaman.
Propose a change(1) A seaman’s lien, his remedies for the recovery of his wages, his right to wages in case of the wreck or loss of his ship, and any right he may have or obtain in the nature of salvage shall not be capable of being renounced by any agreement. (2) Subsection (1) above does not affect such of the terms of any agreement made with the seamen belonging to a ship which, in accordance with the agreement, is to be employed on salvage service, as provide for the remuneration to be paid to them for salvage services rendered by that ship.
Propose a change