Merchant Shipping Act 1894
1894 (57 & 58 Vict.) c. 60
MERCHANT SHIPPING ACT 1894
REVISED
Updated to 30 April 2021
This Revised Act is an administrative consolidation of the Merchant Shipping Act 1894. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including the Children (Amendment) Act 2021 (6/2021), enacted 26 April 2021, and all statutory instruments up to and including the Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (Amendment) (No. 3) Regulations 2021 (S.I. No. 212 of 2021), made 30 April 2021, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
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1894 (57 & 58 Vict.) c. 60
MERCHANT SHIPPING ACT 1894
REVISED
Updated to 30 April 2021
CONTENTS
Registry
Qualification for owning British Ships
1. Qualification for owning British ship (Repealed)
Obligation to register British Ships
2. Obligation to register British ships (Repealed)
3. Exemptions from registry (Repealed)
Procedure for Registration
4. Registrars of British ships (Repealed)
5. Register book (Repealed)
6. Survey and measurement of ship (Repealed)
7. Marking of ship (Repealed)
8. Application for registry (Repealed)
9. Declaration of ownership on registry (Repealed)
10. Evidence on first registry (Repealed)
11. Entry of particulars in register book (Repealed)
12. Documents to be retained by registrar (Repealed)
13. Port of registry (Repealed)
Certificate of Registry
14. Certificate of registry (Repealed)
15. Custody of certificate (Repealed)
16. Penalty for use of improper certificate (Repealed)
17. Power to grant new certificate (Repealed)
18. Provision for loss of certificate (Repealed)
19. Endorsement of change of master on certificate (Repealed)
20. Endorsement of change of ownership on certificate (Repealed)
21. Delivery up of certificate of ship lost or ceasing to be British owned (Repealed)
22. Provisional certificate for ships becoming British-owned abroad (Repealed)
23. Temporary passes in lieu of certificates of registry (Repealed)
Transfers and Transmissions
24. Transfer of ships or shares 30.Power of court to prohibit transfer (Repealed)
25. Declaration of transfer (Repealed)
26. Registry of transfer (Repealed)
27. Transmission of property in ship on death, bankruptcy, marriage, &c (Repealed)
28. Order for sale on transmission to unqualified person (Repealed)
29. Transfer of ship or sale by order of court (Repealed)
30. Power of court to prohibit transfer (Repealed)
Mortgages
31. Mortgage of ship or share (Repealed)
32. Entry of discharge of mortgage (Repealed)
33. Priority of mortgages (Repealed)
34. Mortgagee not treated as owner (Repealed)
35. Mortgagee to have power of sale (Repealed)
36. Mortgage not affected by bankruptcy (Repealed)
37. Transfer of mortgages (Repealed)
38. Transmission of interest in mortgage by death, bankruptcy, marriage, &c (Repealed)
Certificates of Mortgage and Sale
39. Powers of mortgage and sale may be conferred by certificate (Repealed)
40. Requisites for certificates of mortgage and sale (Repealed)
41. Restrictions on certificates of mortgage and sale (Repealed)
42. Contents of certificates of mortgage and sale (Repealed)
43. Rules as to certificates of mortgage (Repealed)
44. Rules as to certificates of sale (Repealed)
45. Power of Commissioners of Customs in case of loss of certificate of mortgage or sale (Repealed)
46. Revocation of certificates of mortgage and sale (Repealed)
Name of Ship
47. Rules as to name of ship (Repealed)
Registry of Alterations, Registry anew, and Transfer of Registry
48. Registry of alterations (Repealed)
49. Regulations for registry of alteration (Repealed)
50. Provisional certificate and endorsement where ship is to be registered anew (Repealed)
51. Registry anew on change of ownership (Repealed)
52. Procedure for registry anew (Repealed)
53. Transfer of registry (Repealed)
54. Restrictions on re-registration of abandoned ships (Repealed)
Incapacitated Persons
55. Provision for cases of infancy or other incapacity (Repealed)
Trusts and Equitable Rights
56. Notice of trusts not received (Repealed)
57. Equities not excluded by Act (Repealed)
Liability of Beneficial Owner
58. Liability of owners (Repealed)
Managing Owner
59. Ship's managing owner or manager to be registered (Repealed)
Declarations, Inspection of Register, and Fees
60. Power of registrar to dispense with declarations and other evidence (Repealed)
61. Mode of making declarations (Repealed)
62. Application of fees (Repealed)
Returns, Evidence, and Forms
63. Returns to be made by registrars (Repealed)
64. Evidence of register book, certificate of registry, and other documents (Repealed)
65. Forms of documents, and instructions as to registry (Repealed)
Forgery and false Declarations
66. Forgery of documents (Repealed)
67. False declarations (Repealed)
National Character and Flag
68. National character of ship to be declared before clearance (Repealed)
69. Penalty for unduly assuming British character (Repealed)
70. Penalty for concealment of British or assumption of foreign character (Repealed)
71. Penalty for acquiring ownership if unqualified (Repealed)
72. Liabilities of ships not recognised as British (Repealed)
73. National colours for ships, and penalty on carrying improper colours (Repealed)
74. Penalty on ship not showing colours (Repealed)
75. Saving for Admiralty (Repealed)
Forfeiture of Ship
76. Proceedings on forfeiture of ship (Repealed)
Measurement of Ship and Tonnage
77. Rules for ascertaining register tonnage (Repealed)
78. Allowance for engine-room space in steamships (Repealed)
79. Deductions for ascertaining tonnage (Repealed)
80. Provisions as to deductions in case of certain steamships (Repealed)
81. Measurement of ships with double bottoms for water ballast (Repealed)
82. Tonnage once ascertained to be the tonnage of ship (Repealed)
83. Fees for measurement (Repealed)
84. Tonnage of ships of foreign countries adopting tonnage regulations (Repealed)
85. Space occupied by deck cargo to be liable to dues (Repealed)
86. Surveyors and regulations for measurement of ships (Repealed)
87. Levy of tonnage rates under Local Acts on the registered tonnage
Ports of Registry in Place under Foreign Jurisdiction Act
88. Foreign ports of registry (Repealed)
Registry in Colonies
89. Powers of governors in colonies (Repealed)
90. Terminable certificates of registry for small ships in colonies (Repealed)
Application of Part I
91. Application of Part I (Repealed)
Masters and Seamen
Certificates of Competency
92. Certificates of competency to be held by officers of ships (Repealed)
93. Grades of certificates of competency
94. Examinations for certificates of competency (Repealed)
95. Examinations by Board of Trade in certain cases (Repealed)
96. Engineers certificates of competency
97. Fees on examination
98. Grant of certificates on passing examination
99. Certificates of service for naval officers
100. Form and record of certificate
101. Loss of certificate
102. Colonial certificates of competency
103. Production of certificates of competency to superintendent
104. Forgery, &c. of certificate of competency
Apprenticeship to the Sea Service
105. Assistance given by superintendents as to apprenticeship
106. Apprenticeships of paupers in Great Britain and Ireland
107. Attestation of pauper apprenticeship
108. Special provisions as to apprenticeship to the sea service
109. Production of indentures to superintendent before voyage in foreign-going ship
Licences to supply Seamen
110. Licence for supply of seamen
111. Penalty for engaging seamen without licence
112. Penalty for receiving remuneration from seamen for engagement
Engagement of Seamen
113. Agreements with crew
114. Form, period, and conditions of agreements with crew
115. Special provisions as to agreements with crew of foreign-going ships
116. Special provisions as to agreements with crew of home trade ships
117. Changes in crew of foreign-going ship to be reported
118. Certificate as to agreements with crew of foreign-going ships
119. Certificate as to agreements with crew of home trade ships
120. Copy of agreement to be made accessible to crew
121. Forgery, &c. of agreements with crew
122. Alterations in agreements with crew
123. Seamen not to be bound to produce agreement
124. Engagement of seamen in colonial and foreign ports
Agreements with Lascars
125. Agreements with lascars. Saving for 4 Geo.4 c.80 ss.25, 26, &c
Rating of Seamen
126. Rating of seamen
Discharge of Seamen
127. Discharge before superintendent
128. Certificate of discharge and return of certificate to officer on discharge
129. Reports of seaman's character
130. False or forged certificate of discharge or report of character
Payment of Wages
131. Payment of wages before superintendent
132. Master to deliver account of wages
133. Deductions from wages of seamen
134. Time of payment of wages for foreign-going ships
135. Time of payment of wages for home trade ships
136. Settlement of wages
137. Decision of questions by superintendents
138. Power of superintendent to require production of ship's papers
139. Rule as to payment of British seamen in foreign money
Advance and Allotment of Wages
140. Advance notes restricted
141. Regulations as to allotment notes
142. Allotments through savings banks
143. Right of suing on allotment notes
144. Time for payment of allotment note (Repealed)
Seamen's Money Orders and Savings Banks
145. Remittance of seamen's wages, &c. by seamen's money orders
146. Power to pay when order is lost
147. Penalty for issuing money orders with fraudulent intent
148. Power for Board of Trade to establish savings banks
149. National Debt Commissioners to receive deposits, &c
150. Application of deposits of deceased depositor
151. Expenses of savings banks
152. Accounts and copy of regulations to be laid before Parliament
153. Public officers to be exempt from legal proceedings, except in case of wilful default
154. Forgery of documents, &c. for purpose of obtaining money in seamen's savings bank
Rights of Seamen in respect of Wages
155. Right to wages, &c. when to begin
156. Right to recover wages, and salvage not to be forfeited
157. Wages not to depend on freight
158. Wages on termination of service by wreck or illness
159. Wages not to accrue during refusal to work or imprisonment
160. Forfeiture of wages, &c. of seaman when illness caused by his own default
161. Costs of procuring punishment may be deducted from wages
162. Compensation to seamen improperly discharged
163. Restriction on sale of, and charge upon, wages
Mode of recovering Wages
164. Summary proceedings for wages 165.166. 167.
165. Restrictions on suits for wages
166. Wages not recoverable abroad in certain cases
167. Remedies of master for wages, disbursements, &c
Power of Courts to rescind Contracts
168. Power of court to rescind contract between owner or master and seaman or apprentice
Property of deceased Seamen
169. Property of seamen who die during voyage
170. Dealing with and account of property of seamen who die during voyage
171. Penalty for non-compliance with provisions as to property of deceased seamen
172. Property of deceased seamen left abroad but not on board ship
173. Dealing with property of deceased seamen by officers abroad
174. Recovery of wages, &c. of seamen lost with their ship
175. Property of seamen dying at home
176. Payment over of property of deceased seamen by Board of Trade
177. Dealing with deceased seaman's property when he leaves a will
178. Claims by creditors
179. Dealing with unclaimed property of deceased seaman
180. Forgery of documents, &c. for purpose of obtaining property of deceased seamen
181. Forgery of documents, &c. for purpose of obtaining property of deceased seamen
Reimbursement of Relief to Seamen's Families
182. Relief to seamen's families to be chargeable on a certain proportion of their wages
183. Notice to owner, and enforcement of charge
Destitute Seamen
184. Penalty on masters of ships leaving certain seamen in distress in the United Kingdom
185. Relief of destitute lascars
Leaving Seamen Abroad
186. Discharge of seamen in foreign countries (Repealed)
187. Penalty for forcing seamen on shore or leaving them behind (Repealed)
188. Seamen not to be discharged or left abroad unless sanction or certificate obtained (Repealed)
189. Accounts and payment of wages in case of seamen left abroad (Repealed)
Distressed Seamen
190. Regulations as to relief and maintenance of distressed seamen (Repealed)
191. Provisions for maintenance and relief of distressed seamen (Repealed)
192. Masters of ships compelled to take distressed seamen (Repealed)
193. Recovery of expenses of relief of distressed seamen (Repealed)
194. Payment of expenses out of Mercantile Marine Fund (Repealed)
Volunteering into the Navy
195. Seamen allowed to leave their ships in order to enter the Navy
196. Money and effects of seamen volunteering into Navy
197. Wages of seamen received into Navy
Provisions, Health, and Accommodation
198. Complaints as to provisions or water
199. Allowance for short or bad provisions (Repealed)
200. Regulations respecting medicines, anti-scorbutics, &c
201. Weights and measures on board
202. Inspection of medicines, medical stores, and anti-scorbutics
203. Medical inspection of seamen
204 Appointment of medical inspector
205. Appointment of medical inspector, and regulations as to supply of anti-scorbutics in colonies
206. Inspection of provisions and water for crew of certain ships
207. Expenses of medical attendance in case of illness (Repealed)
208. Recovery of expenses from owner (Repealed)
209. Certain ships to carry medical practitioners
210. Accommodation for seamen
Facilities for making Complaint
211. Facilities for making Complaint
Protection of Seamen from Imposition
212. Assignment or sale of salvage invalid
213. No debt exceeding 5s. recoverable till end of voyage
214. Seamen's lodging-houses
215. Penalty for overcharges by lodging-house keepers
216. Penalty for detaining seamen's effects
217. Penalty for solicitations by lodging-house keepers
218. Penalty for being on board ship without permission before seamen leave
219. Application of provisions of previous section to foreign ships
Provisions as to Discipline
220. Misconduct endangering life or ship (Repealed)
221. Desertion and absence without leave
222. Conveyance of deserter on board ship (Repealed)
223. Provisions as to arrest and imprisonment applying out of the United Kingdom
224. Power of court to order offender to be taken on board ship (Repealed)
225. General offences against discipline
226. Summary remedies not to affect other remedies
227. Penalty for false statement as to last ship or name
228. Entry of offences in official log
229. Entries and certificates of desertion abroad
230. Register of deserters
231. Facilities for proving desertion in proceedings for forfeiture of wages
232. Application of forfeitures
233. Decision of questions of forfeiture and deductions in suits for wages
234. Ascertainment of amount of forfeiture out of wages
235. Deduction from wages, and payments to superintendents, &c of fines (Repealed)
236. Penalty for enticing to desert and harbouring deserters
237. Penalty on stowaways, and discipline of stowaways and seamen carried under compulsion
238. Deserters from foreign ships (Repealed)
Official Logs
239. Official logs to be kept and to be evidence
240. Entries required in official log-book
241. Offences in respect of official logs
242. Delivery of official logs to superintendent of mercantile marine office
243. Official logs to be gent home in case of transfer of ship, and in case of loss
Local Marine Boards
244. Continuance and constitution of local marine board
245. Control of Board of Trade over local marine boards
Mercantile Marine Offices
246. Establishment and control of mercantile marine offices
247. Business of mercantile marine office
248. Embezzlement by officers of local marine boards
249. Power to dispense with transaction of certain matters at mercantile marine offices
250. Prohibition on taking fees at mercantile marine office
Registration of and Returns respecting Seamen
251. Establishment of register office (Repealed)
252. Register of seamen (Repealed)
253. Lists of the crew
254. Return of births and deaths in British ships (Repealed)
255. Return in case of transfer or loss of ship
256. Transmission of documents to registrar by superintendents and other officers
257. Deposit of documents at foreign ports and in colonies
258. Documents to be handed over to successor on change of master
Sites for Sailors Homes
259. Corporations, &c. may grant sites for sailors homes
Application of Part II
260. Application of Part II to ships registered in the United Kingdom
261. Application of Part II to ships registered elsewhere than in the United Kingdom
262. Partial application of Part II to ships of lighthouse authorities and pleasure yachts
263. Partial application of Part II to fishing boats
264. Application of Part II to colony by colonial legislatures
265. Conflict of laws
266. Unregistered ship deemed to be registered in United Kingdom for certain purposes
Passenger and Emigrant Ships
1.—Definitions
Definition of Passenger Steamer and Passenger
267. Definition of "passenger" and "passenger steamer"
Definition of Emigrant Ship, &c
268. "Emigrant ship" &c. to which Part applies
269. Scale for determining length of voyages
270. Definition of colonial voyage
2.—Passenger Steamers
Survey of Passenger Steamers
271. Annual survey of passenger steamers
272. Mode of survey and declaration of survey
273. Transmission of declaration
274. Issue of passenger steamer's certificate
275. Appeal to court of survey
276. Transmission of certificate
277. Fees for certificate
278. Duration of certificates
279. Cancellation of certificate
280. Delivery up of certificate
281. Posting up of certificate
282. Penalty for forgery of certificate or declaration
283. Penalty for carrying passengers in excess
284. Colonial certificates for passenger steamers
General Equipment of Passenger Steamers
285. Equipment of passenger steamers with compasses, hose, deck shelters, and safety appliances
286. Prohibition of increasing weight on safety valve
Keeping Order in Passenger Steamers
287. Offences in connexion with passenger steamers
288. Power to exclude drunken passengers on home trade passenger steamers
3.—Emigrant Ships
Survey of Emigrant Ships
289. Preliminary survey of emigrant ship
Equipments
290. Equipment with compasses, chronometers, fire engine, anchors, &c
Number of, and Accommodation for, Passengers
291. Regulations as to carrying of passengers generally (Repealed)
292. Limit of number of steerage passengers to be carried on emigrant ships
293. Regulations as to accommodation of steerage passengers
294. Stowage of goods
Provisions, Water, and Medical Stores
295. Supply of provisions and water
296. Mode of carrying water
297. Provision for touching at intermediate ports to take in water
298. Issue of water or provisions during voyage
299. Power of Board of Trade to exempt ships (Repealed)
300. Medical stores
Dangerous Goods, and Carriage of Cattle
301. Regulations as to carnage of dangerous goods, and of horses and cattle
302. Carriage of military stores
Medical Officer, Staff, and Crew
303. Medical practitioners
304. Steerage passengers stewards, cooks, and interpreters
305. Crew of emigrant ship
Medical Inspection
306. Medical inspection of steerage passengers and crew
307. Re-landing of persons for medical reasons
308. Return of passage money to persons re-landed for medical reasons
Master's Bond
309. Bond to be given by master of emigrant ship
310. Evidence of bond
Passengers Lists
311. Passengers lists
312. Lists of passengers embarked after clearance
313. Attempt to gain passage without payment
Certificate for Clearance
314. Certificate for clearance
315. Facilities to be given for the inspection of ships
316. Ships putting back to replenish provisions, &c
317. Emigrant ships putting back to be reported to emigration officer
318. Appeal to Court of Survey
319. Forfeiture of ship proceeding to sea without certificate for clearance
Passengers Contracts
320. Contract tickets for passengers
321. Summary remedy for breach of contract
322. Penalty for failure to produce contract ticket
323. Penalty for altering, or inducing anyone to part with, contract ticket
Regulations as to Steerage Passengers
324. Sanitary and other regulations by Order in Council
325. Discipline on board
326. Sale of spirits prohibited on emigrant ships
Maintenance after Arrival
327. Maintenance of steerage passengers after arrival
Detention and Wrongful Landing of Passengers
328. Return of passage money and compensation to passengers when passage not provided according to contract
329. Subsistence in case of detention
330. Penalty for landing steerage passengers at wrong place
Provisions in case of Wreck
331. Provisions in case of an emigrant ship being wrecked or damaged in or near British Islands
332. Expenses of rescue and conveyance of wrecked passengers
333. Forwarding of passengers by governors or consuls
334. Recovery of expenses incurred in conveying wrecked passengers and forwarding passengers
335. Validity of insurance of passage money
Voyages to the United Kingdom
336. List of steerage passengers brought to the British Islands
337. Number of steerage passengers on ships bringing passengers to British Islands
338. Provisions and water in ships carrying steerage passengers to British Islands
Registration of Births and Deaths
339. Application to foreign ships carrying passengers of provisions respecting registration of births and deaths
Saving of Right of Action
340. Saving for right of action on contract for passage
Passage Brokers
341. Passage broker
342. Passage brokers to enter into bond and obtain licence
343. Granting of licences to passage brokers
344. Forfeiture of licence
345. Passage brokers agents
346. List of agents and runners to be exhibited by brokers, and sent to emigration officers
List of agents and runners to be exhibited by brokers, and sent to emigration officers
347. Emigrant runner
348. Emigrant runner's licence
349. Renewal of badge
350. Penalties on persons acting without licence or badge, using badge not lawfully issued, or employing unlicensed person
351. Penalties on emigrant runners for certain acts of misconduct
352. Emigrant runners commission and fees
Frauds in procuring Emigration
353. Frauds in procuring passages
354. Penalties for fraud in connexion with assisting emigration
Emigration Officers
355. Emigration officers and assistants
Legal Proceedings
356. Recovery of fines
357. Recovery of passage and subsistence money, compensation, and damages
358. Protection of persons executing Act
Supplemental
359. Owner responsible for default in absence of agreement
360. Forms and fees
361. Posting of abstracts of Part III in emigrant ships
362. Byelaws by harbour authority
363. Exemption from survey of foreign passenger steamer or emigrant ship in certain cases
Application of Part III as regards Emigrant Ships
364. Application to certain voyages
365. Limited application of Part III of Act to colonial voyages
366. Modification of provisions of Part III in their application to British possessions
367. Power of governors of colonies as to numbers of steerage passengers
368. Power for legislature of India to apply Part III
Fishing Boats
Application of Part IV, &c
369. Application of Part IV, &c
370. Definitions: "Fishing boat"; "Second hand"; "Voyage"
371. Ascertainment of tonnage of fishing boat (Repealed)
372. Extent of Part IV (Repealed)
Fishing Boats Register
373. Registry of British fishing boat (Repealed)
374. Effect of registry of fishing boat (Repealed)
375. Rules as to boats and life-buoys of fishing boats (Repealed)
Discipline
376. Offences by seamen and apprentices
377. Civil right unaffected by criminal provisions
378. Application of forfeitures
379. Deserters and others may be sent back to their boats
380. Apprehension of seamen guilty of certain offences
381. Dealing with seaman who refuses to proceed to sea, &c
382. Notice by seaman that he intends to absent himself
383. Calculation of wages
384. Facilities for proving desertion so far as concerns forfeiture of wages
Provisions as to Deaths, Injuries, Ill-treatment, Punishments, and Casualties in Fishing Boats
385. Record and report of death, injury, ill-treatment, punishment, casualties, &c
386. Inquiry as to death, injury, ill-treatment, punishment, &c
Settlement of Disputes
387. Decision of disputes by superintendent
Provisions for ascertaining Profits of Fishing Boats
388. Accounts to be rendered by owners
Agreements for Fishing Vessels in Scotland
389. Agreements for fishing vessels in Scotland (Repealed)
Fees and Control of Superintendents
390. Fees payable on engagements and discharges
391. Control of Board of Trade
Apprenticeship and Agreements with Boys
392. Restriction on apprenticeships and agreements in the case of young boys
393. Boys to be properly apprenticed or have proper agreements
394. Assistance by superintendents
395. Apprenticeships and agreements with boys to be made before superintendent
396. Enforcement by superintendents of indentures or agreements
397. Powers of superintendent under indenture or agreement
398. Prohibition on taking money for apprenticeships and boys agreements
Engagement of Seamen
399. Agreements with crew
400. Form, period, and condition of agreement
401. Mode of entering into agreements
402. Agreements by owner or for service in two or more fishing boats
403. Fishing boats running agreements
404. Endorsement of engagements and discharge on running agreements
405. Report of crew
406. Statement of change of crew in case of running agreements
407. Alterations, &c. in agreements to be attested
408. Offences as to agreements with the crew
Payment of Wages and Discharge of Seamen
409. Account of wages
410. Certificate of discharge
411. Compensation to seamen improperly discharged
412. Provision as to discharge, &c. to apply in the case of any sort of agreement
Certificates of Skippers and Second Hands
413. Skippers and second hands to hold certificate of competency
414. Granting of certificate of competency
415. Certificate of service
416. Registers of certificated skippers and second hands
Conveyance of Fish from Trawlers
417. Board of Trade regulations as to conveyance of fish from trawlers
Safety
Prevention of Collisions
418. Collision regulations
419. Observance of collision regulations
420. Inspection as to lights and fog signals
421. Saving for local rules of navigation in harbours, &c
422. Duty of vessel to assist the other in case of collision
423. Collisions to be entered in official log
424. Application of collision regulations to foreign ships
Report of Accidents and Loss of Ship
425. Report to Board of Trade of accidents to steamships (Repealed)
426. Notice of loss of British ship to be given to the Board of Trade (Repealed)
Life-saving Appliances
427. Rules as to life-saving appliances (Repealed)
428. Duties of owners and masters as to carrying life-saving appliances (Repealed)
429. Appointment of consultative committee for framing rules (Repealed)
430. Penalty for breach of rules (Repealed)
431. Survey of ship with respect to life-saving appliances (Repealed)
General Equipment
432. Adjustment of compasses and provision of hose
433. Placing undue weight on safety valve
Signals of Distress
434. Signals of distress (Repealed)
435. Provision of signals of distress, inextinguishable lights, and life-buoys (Repealed)
Provision of signals of distress, inextinguishable lights, and life-buoys
436. Ship's draught of water to be recorded
437. Marking of deck-lines (Repealed)
438. Marking of load-line (Repealed)
439. Ships with submerged load-lines deemed unsafe (Repealed)
440. Time, &c. for marking of load-line in case of foreign-going vessels (Repealed)
441. Time, &c. for marking of load-line in case of coasting vessels (Repealed)
442. Penalty for offences in relation to marking of load-line (Repealed)
443. Regulations as to load-line (Repealed)
444. Provision as to colonial ships with respect to load-lines (Repealed)
445. Provision as to foreign ships with respect to load-lines (Repealed)
Dangerous Goods
446. Restrictions on carnage of dangerous goods
447. Penalty for misdescription of dangerous goods
448. Power to deal with goods suspected of being dangerous
449. Forfeiture of dangerous goods improperly sent or carried
450. Saving for other enactments relating to dangerous goods
Loading of Timber
451. Loading of Timber (Repealed)
Carriage of Grain
452. Obligation to take precautions to prevent grain cargo from shifting (Repealed)
453. Precautions against shitting of grain cargo laden in port in Mediterranean or Black Sea, or on coast of North America (Repealed)
454. Notice by master of kind and quantity of grain cargo (Repealed)
455. Power of Board of Trade for enforcing provisions as to carriage of grain (Repealed)
456. Definition of grain, &c (Repealed)
Unseaworthy Ships
457. Sending unseaworthy ship to sea a misdemeanor (Repealed)
458. Obligation of shipowner to crew with respect to use of reasonable efforts to secure seaworthiness
459. Power to detain unsafe ships, and procedure for detention
460. Liability for costs and damages
461. Power to require from complainant security for costs
462. Application to foreign ships of provisions as to detention
463. Survey of ships alleged by seamen to be unseaworthy
Special Shipping Inquiries and Courts
Inquiries and Investigations as to Shipping Casualties
464. Shipping casualties (Repealed)
465. Preliminary inquiry into shipping casualties (Repealed)
466. Formal investigation of shipping casualties (Repealed)
467. List of assessors
468. Inquiry in case of loss of life from fishing vessel's boat (Repealed)
Power as to Certificates of Officers, &c
469. Power of Board of Trade as to certificate
470. Power of court of investigation or inquiry as to certificates
471. Inquiry into conduct of certificated officer (Repealed)
472. Removal of master by Admiralty Court
473. Delivery of certificate cancelled or suspended (Repealed)
474. Power of Board of Trade to restore certificate (Repealed)
Re-hearing of Investigations and Inquiries
475. Re-hearing of inquiries and investigations
Supplemental Provisions as to Investigations and Inquiries
476. Investigations before stipendiary magistrate
477. Power to appoint wreck commissioners
478. Authority for colonial court to make inquiries into shipping casualties and conduct of officers
479. Rules as to investigations and inquiries
Naval Courts on the High Seas and Abroad
480. Cases in which naval courts may be summoned
481. Constitution of naval courts
482. Functions of naval courts
483. Powers of naval courts
484. Report of proceedings of naval courts
485. Penalty for preventing complaint or obstructing investigation
486. Application of provisions as to naval courts
Courts of Survey
487. Constitution of court of survey
488. Power and procedure of court of survey
489. Rules for procedure of court of survey, &c
Scientific Referees
490. Reference in difficult cases to scientific persons
Payments to Officers of Courts
491. Payments to officers of courts
Delivery of Goods
492. Definitions under Part VII
493. Power of shipowner to enter and land goods on default by owner of goods
494. Lien for freight on landing goods
495. Discharge of lien
496. Provisions as to deposits by owners of goods
497. Sale of goods by warehouseman
498. Application of proceeds of sale
499. Warehouseman's rent and expenses
500. Warehousemen's protection
501. Saving for powers under local Acts
Liability of Shipowners
502. Limitation of shipowner's liability in certain cases of loss of, or damage to, goods (Repealed)
503. Limitation of owner's liability in certain cases of loss of life, injury, or damage (Repealed)
504. Power of courts to consolidate claims against owners, &c (Repealed)
505. Part owners to account in respect of damages (Repealed)
506. Insurances of certain risks not invalid (Repealed)
507. Proof of passengers on board ship (Repealed)
508. Liability in certain cases not affected (Repealed)
509. Extent of Part VIII (Repealed)
Wreck and Salvage
Vessels in Distress
510. Definition of "wreck" and "salvage" (Repealed)
511. Duty of receiver where vessel in distress (Repealed)
512. Powers of the receiver in case of vessels in distress (Repealed)
513. Power to pass over adjoining lands (Repealed)
514. Power of receiver to suppress plunder and disorder by force (Repealed)
515. Liability for damage in case of a vessel plundered (Repealed)
516. Exercise of powers of receiver in his absence (Repealed)
517. Examination in respect of ships in distress (Repealed)
Dealing with Wreck
518. Provision as to wreck found in the United Kingdom (Repealed)
519. Penalty for taking wreck at time of casualty (Repealed)
520. Notice of wreck to be given by receiver (Repealed)
521. Claim of owners to wreck (Repealed)
522. Immediate sale of wreck by receiver in certain cases (Repealed)
Unclaimed Wreck
523. Right of Crown to unclaimed wreck (Repealed)
524. Notice of unclaimed wreck to be given to persons entitled (Repealed)
525. Disposal of unclaimed wreck (Repealed)
526. Disputed title to unclaimed wreck (Repealed)
527. Delivery of unclaimed wreck by receivers not to prejudice title (Repealed)
528. Power to Board of Trade to purchase rights to wreck (Repealed)
529. Admiral not to interfere with wreck (Repealed)
Removal of Wrecks
530. Removal of wreck by harbour or conservancy authority (Repealed)
531. Power of lighthouse authority to remove wreck (Repealed)
532. Powers of removal to extend to tackle, cargo, &c (Repealed)
533. Power for Board of Trade to determine certain questions between authorities (Repealed)
534. Powers to be cumulative (Repealed)
Offences in respect of Wreck
535. Taking wreck to foreign port (Repealed)
536. Interfering with wrecked vessel or wreck (Repealed)
537. Summary procedure for concealment of wreck (Repealed)
Marine Store Dealers
538. Marine store dealer to have his name and trade painted on his shop (Repealed)
539. Marine store dealer to keep proper books (Repealed)
540. Marine store dealer not to purchase from person under sixteen (Repealed)
541. Marine store dealer not to cut up cable, &c (Repealed)
542. Permit to be advertised before dealer proceeds to act thereon (Repealed)
Marking of Anchors
543. Marking of anchors (Repealed)
Salvage
544. Salvage payable for saving life (Repealed)
545. Salvage of life from foreign vessels (Repealed)
546. Salvage of cargo or wreck (Repealed)
Procedure in Salvage
547. Determination of salvage disputes (Repealed)
548. Determination of disputes as to salvage summarily (Repealed)
549. Appeal in case of salvage disputes (Repealed)
550. As to arbitrators in Ireland (Repealed)
551. Valuation of property by receiver (Repealed)
552. Detention of property liable for salvage by a receiver (Repealed)
553. Sale of detained property by receiver (Repealed)
554. Agreement as to salvage (Repealed)
555. Apportionment of salvage under 200l. by receiver (Repealed)
556. Apportionment of salvage by Admiralty courts (Repealed)
Salvage by Her Majesty's Ships
557. Salvage by Her Majesty's ships (Repealed)
558. Salvage by Her Majesty's ships abroad (Repealed)
559. Provisions as to bond to be executed (Repealed)
560. Execution of bond (Repealed)
561. Enforcement of bond (Repealed)
562. Saving for other salvage rights (Repealed)
563. Exemption from stamp duty (Repealed)
564. Punishment for forgery and false representations (Repealed)
Jurisdiction of High Court in Salvage
565. Jurisdiction of High Court in salvage (Repealed)
Appointment of Receivers of Wreck
566. Appointment of receivers of wreck (Repealed)
Fees of Receivers of Wreck
567. Receivers fees (Repealed)
568. Remuneration for services by coastguard (Repealed)
Duties on Wreck
569. Provisions as to duties, &c. on wrecked goods (Repealed)
Supplemental
570. Powers of sheriff in Scotland (Repealed)
571. Saving for Cinque ports (Repealed)
Pilotage
Preliminary
572. Application of Part X (Repealed)
573. Pilotage authority (Repealed)
574. Continuance of existing pilotage authorities (Repealed)
Powers of Board of Trade as to Pilotage Districts and Authorities
575. Constitution of new pilotage authorities (Repealed)
576. Transfer of pilotage jurisdiction (Repealed)
577. Direct representation of pilots, &c. on pilotage authority (Repealed)
578. Exemption from compulsory pilotage (Repealed)
579. Power of Board of Trade to give facilities with respect to licences, rates, &c (Repealed)
580. Making and confirming provisional orders (Repealed)
Byelaws by Pilotage Authorities
581. Power of pilotage authorities as to exemptions from compulsory pilotage (Repealed)
582. Power of pilotage authorities to make byelaws (Repealed)
583. Confirmation of byelaws (Repealed)
584. Appeal against byelaws or regulations not made under this Act (Repealed)
Returns by Pilotage Authorities
585. Returns by pilotage authorities to Board of Trade (Repealed)
Licensing of Pilots
586. Registration of pilot licences (Repealed)
587. Copies of pilotage provisions to be furnished to pilot (Repealed)
588. Licensed pilot to produce licence to employer (Repealed)
589. Production and return of licence to pilotage authority (Repealed)
590. Penalty on fraudulent use of licence (Repealed)
Recovery of Pilotage Dues and other Rights of Pilots
591. Recovery of pilotage dues (Repealed)
592. Receiving or offering improper rates of pilotage (Repealed)
593. Pilotage rate for leading ships (Repealed)
594. Allowance to licensed pilot taken out of his district (Repealed)
595. Penalty on making a false declaration to pilot as to draught of ship (Repealed)
596. Occasions on which unqualified pilots may act (Repealed)
597. Power of qualified to supersede unqualified pilot (Repealed)
598. Penalties as to employment of unqualified pilot (Repealed)
Pilotage Certificates for Masters and Mates
599. Grant of pilotage certificates to masters and mates (Repealed)
600. Appeal by master or mate to Board of Trade (Repealed)
601. Withdrawal of certificate (Repealed)
602. Fees for pilotage certificates (Repealed)
Compulsory Pilotage
603. Compulsory pilotage (Repealed)
604. Home trade passenger ships to carry pilots (Repealed)
605. Exemption from compulsory pilotage (Repealed)
Offences, and suspension and dismissal, of Pilots
606. Offences of pilots (Repealed)
607. Penalty on pilot endangering ship, life, or limb (Repealed)
608. Penalty on pilot obtaining charge of a ship by misrepresentation (Repealed)
609. Powers of pilotage committee to suspend or dismiss pilot (Repealed)
610. Appeals from suspension or dismissal (Repealed)
Pilot Boats and Pilot Signals
611. Approval of pilot boats (Repealed)
612. Characteristics of pilot boats (Repealed)
613. Display of pilot flag, when pilot is on board vessel (Repealed)
614. Penalty on ordinary boat displaying pilot flag (Repealed)
615. Signals to be displayed by ships requiring a pilot (Repealed)
Trinity House
616. Power of Trinity House to alter regulations (Repealed)
Sub-Commissioners (Trinity House)
617. Power of Trinity House to appoint sub-commissioners (Repealed)
Licensing of Pilots by Trinity House
618. Licensing of pilots by Trinity House within certain limits (Repealed)
619. Regulations as to pilots licences (Repealed)
620. Pilot's liability limited (Repealed)
621. Power to revoke and suspend licences (Repealed)
Compulsory Pilotage (Trinity House)
622. Compulsory pilotage districts of Trinity House (Repealed)
623. Constant supply of pilots at Dungeness (Repealed)
624. Ships from London coining past Dungeness to take the first pilot (Repealed)
625. Exemption from compulsory pilotage (Repealed)
Rates of Pilotage (Trinity House)
626. Rates of pilotage (Repealed)
627. Pilotage dues for foreign ships for port of London (Repealed)
628. Receipt and application of pilotage dues payable by foreign ships (Repealed)
629. Settlement of difference as to draught of ship (Repealed)
Pilot Fund (Trinity House)
630. Payments to be made to the pilot fund (Repealed)
631. Application of fund (Repealed)
632. Appointment of sub-commissioners by Trinity Houses of Hull and Newcastle (Repealed)
Saving for Liability of Owners and Masters
633. Limitation of liability of owner or masters where pilotage is compulsory (Repealed)
Lighthouses
General Management
634. Management of lighthouses, buoys, and beacons
635. Returns and information to Board of Trade
636. Power of Board of Trade to inspect on complaint made
637. Inspection by Trinity House
Construction of Lighthouses, &c
638. General powers of lighthouse authorities
639. Powers as to land
640. Restrictions on exercise of lighthouse powers by Commissioners
641. Power of Trinity House to direct lighthouse works to be done
642. Additions to lighthouses
Light Dues
643. Continuance of light dues
644. Dues for new lighthouses (Repealed)
645. Revision of light dues by Order in Council (Repealed)
646. Regulation of light dues by lighthouse authorities (Repealed)
647. Publication of light dues and regulations
648. Application and collection of light dues
649. Recovery of light dues
650. Distress on ship for light dues
651. Receipt for light dues
Local Lighthouses
652. Inspection of local lighthouses
653. Control of local lighthouse authorities by general lighthouse authorities
654. Surrender of local lighthouses
655. Light dues for local lights
656. Application of local light dues
657. Reduction of local light dues
Expenses of General Lighthouse Authorities
658. Payment of lighthouse expenses out of Mercantile Marine Fund
659. Establishments of general lighthouse authorities
660. Estimates or accounts of expenses sent to Board of Trade
661. Advances by Treasury for lighthouse expenses
662. Mortgage of Mercantile Marine Fund for lighthouse expenditure
663. Advances by Public Works Loan Commissioners
664. Accounts of general lighthouse authorities
665. Power to grant pensions
Offences in connexion with Lighthouses, &c
666. Injury to lighthouses, &c
667. Prevention of false lights
Commissioners of Northern Lighthouses
668. Incorporation of Commissioners of Northern Lights
Provision as to Channel Islands
669. Restriction on exercise of powers in Channel Islands
Lighthouses, &c. in Colonies
670. Dues for colonial lighthouses, &c
671. Collection and recovery of colonial light dues
672. Payment of colonial light dues to Paymaster-General
673. Application of colonial light dues (Repealed)
674. Advances for construction and repair of colonial lighthouses, &c
675. Accounts of colonial light dues
Mercantile Marine Fund
676. Sums payable to the Mercantile Marine Fund
677. Application of Mercantile Marine Fund
678. Subsidy from Parliament to Mercantile Marine Fund (Repealed)
679. Accounts and audit
Legal Proceedings
Legal Proceedings
680. Prosecution of offences
681. Application of Summary Jurisdiction Acts in certain cases
682. Appeal on summary conviction
683. Limitation of time for summary proceedings
Jurisdiction
684. Provision as to jurisdiction in case of offences
685. Jurisdiction over ships lying off the coasts
686. Jurisdiction in case of offences on board ship
687. Offences committed by British seamen at foreign ports to be within Admiralty jurisdiction
Damage occasioned by Foreign Ship
688. Power to arrest foreign ship that has occasioned damage
Provisions in case of Offences Abroad
689. Conveyance of offenders and witnesses to United Kingdom or British possession
690. Inquiry into cause of death on board ship
691. Depositions to be received in evidence when witness cannot be produced
Detention of Ship and Distress on Ship
692. Enforcing detention of ship
693. Sums ordered to be paid leviable by distress on ship
Evidence, Service of Documents, owl Declarations
694. Proof of attestation not required
695. Admissibility of documents in evidence
696. Service of documents
697. Proof, &c. of exemption
698. Declarations
Application of Penalties and Costs of Prosecutions
699. Application of penalties
700. Expenses of prosecution of misdemeanor (Repealed)
701. Payment of costs of prosecution of offences committed in Admiralty jurisdiction
Procedure in Scotland
702. Offences punishable as misdemeanors
703. Summary proceedings
704. Form of complaint
705. Warrants on summary proceedings
706. Backing arrestments
707. Form of decree for payment of money
708. Sentence and penalties in default of defender's appearance
709. Orders not to be quashed for want of form and to be final
710. General rules, so far as applicable, to extend to penalties and proceedings in Scotland
Prosecution of Offences in Colonies
711. Prosecution of offences in British possession
Application of Part XIII
712. Application of Part XIII
Supplemental
General Control of Board of Trade
713. Superintendence of merchant shipping by Board of Trade
714. Returns as to merchant shipping to Board of Trade
715. Production of log-books, &c. by superintendents
716. Application of fees, fines, &c
717. Legal proceedings
Legal proceedings
718. Expenses incurred by Commissioners of Customs
Documents and Forms
719. Proof of documents
720. Power of Board of Trade to prescribe forms
721. Exemption from stamp duty
722. Offences as to use of forms
Powers for enforcing Compliance with Act
723. Powers for seeing that Act is complied with
Surveyors of Ships
724. Appointment of surveyors
725. Power of surveyor for purpose of survey of ships
726. Returns by surveyors to Board of Trade
727. Appointment of surveyors in colonies
Board of Trade Inspectors
728. Appointment of inspectors to report on accidents, &c
729. Powers of inspectors
730. Penalty for obstructing inspectors in the execution of their duty
Exemption from Rates and Harbour Dues
731. Exemption from rates
732. Exemption from harbour dues
Exemption from harbour dues
733. Registration of private code of signals
Application of Act to Foreign Ships by Order in Council
734. Application by Order in Council of provisions of Merchant Shipping Acts to foreign ships
Powers of Colonial Legislature
735. Power of colonial legislatures to alter provisions of Act
736. Regulation of coasting trade by colonial legislature
Provision for Foreign Places where Her Majesty has Jurisdiction
737. Provision for foreign places where her Majesty has jurisdiction
Orders in Council
738. Provision as to Orders in Council
Transmission and Publication of Documents
739. Notices, &c. to be in writing and provision as to sending by post
740. Publication in London Gazette
Exemption of Her Majesty's Ships
741. Exemption of Her Majesty's ships
Definitions and Provisions as to Application of Act
742. Definitions
743. Application of Act to ships propelled by electricity, &c
744. Application of Act to certain fishing vessels
Repeal and Savings
745. Repeal
746. Savings
Short Title and Commencement
747. Short Title and Commencement
748. Commencement (Repealed)
Part I
Part II - Documents of which the Forms are to be prescribed by the Commissioners of Customs and sanctioned by the Board of Trade
Measurement of Tonnage
Table of Maximum Fees to be paid for the Measurement of Merchant Ships
Table of Maximum Fees to be paid by Applicants for Examination
Regulations to be observed with respect to Anti-Scorbutics
Regulations to be observed with respect to Accommodation on board Ships
Constitution of Local Marine Boards
Particulars to be registered by Master of a Ship concerning a Birth at Sea
Part I - Maximum Fees to be paid for Passenger Steamer's Certificate
Part II - Maximum Fees for Survey of Emigrant Ships
TENTH SCHEDULE (Repealed)
Regulations as to Number of Persons carried on Emigrant Ships
ELEVENTH SCHEDULE (Repealed)
Regulations as to the Accommodation for Steerage Passengers
TWELFTH SCHEDULE (Repealed)
Water and Provisions
THIRTEENTH SCHEDULE (Repealed)
Conditions for Carriage of Horses and Cattle in Emigrant Ships
FOURTEENTH SCHEDULE (Repealed)
Forms under Part III (Passenger and Emigrant Ships)
FIFTEENTH SCHEDULE (Repealed)
Number and Dimensions of Boats for Fishing Boats entered in the Fishing Boat Register
Maximum Fees for Inspection of Lights and Fog Signals
Life Saving Appliances
Precautions as to Grain Cargo
Part I - Statements in the case of Salvage by Her Majesty's Ships
Part II - Salvage Bond
Maximum Fees and Remuneration of Receivers
TWENTY-FIRST SCHEDULE (Repealed)
Maximum Rates of Pilotage to be Demanded and Received by Qualified Pilots for piloting Ships within the under-mentioned Limits
TWENTY-SECOND SCHEDULE (Repealed)
Repeal
1894 (57 & 58 Vict.) c. 60
MERCHANT SHIPPING ACT 1894
REVISED
Updated to 30 April 2021
CHAPTER LX.
An Act to consolidate Enactments relating to Merchant Shipping. [25th August 1894.]
Annotations
Modifications (not altering text):
C1
Collectively cited Merchant Shipping Acts 1894 to 2010 applied with modifications (3.07.2010) by Merchant Shipping Act 2010 (14/2010), ss. 13(2), 51(3), commenced on enactment.
Cargo ship safety certificate.
13.— ...
(2) The provisions of the Merchant Shipping Acts relating to the issue, the period of validity, the granting of an extension or the cancellation of a safety equipment certificate, a radio certificate or a cargo ship safety construction certificate apply to a cargo ship safety certificate, in respect of the certificate concerned, as if it were the certificate.
...
Application (Chapter 5).
51.— ...
(3) The following provisions of the Merchant Shipping Acts do not apply to a vessel’s tender, namely—
(a) section 271 of the Principal Act,
(b) section 10, 15, 18 or 20 of the Act of 1952,
(c) section 6 or 15 of the Act of 1992,
(d) section 8 of the Act of 1992 or that section as applied by the European Communities (Passenger Ships) Regulations 2004 ( S.I. No. 716 of 2004 ), and
(e) section 82 or 84 of this Act.
C2
Functions under collectively cited Merchant Shipping Acts transferred and references to “Department of Communications, Marine and Natural Resources” and “Minister for Communications, Marine and Natural Resources” construed (1.01.2006) by Maritime Transport, Safety and Security (Transfer of Departmental Administration and Ministerial Functions) Order 2005 (S.I. No. 842 of 2005), arts. 3, 4 and sch. 1 part 1, in effect as per art. 1(2), subject to transitional provisions in arts. 5-9.
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Transport.
(2) References to the Department of Communications, Marine and Natural Resources contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, from the commencement of this Order, be construed as references to the Department of Transport.
3. The functions conferred on the Minister for Communications, Marine and Natural Resources—
(a) by or under the Acts specified in Part 1
...
of the Schedule to this Order are transferred to the Minister for Transport.
(2) References to the Minister for Communications, Marine and Natural Resources contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, from the commencement of this Order, be construed as references to the Minister for Transport.
...
Schedule
Article 4(1)
Part 1
Acts
...
Merchant Shipping Acts 1894 to 2005
...
C3
References to certain repealed provisions construed (6.02.1997) by Merchant Shipping (Liability of Shipowners and Others) Act 1996 (35/1996), s. 39, S.I. No. 215 of 1997.
Adaptation of certain references.
39.—A reference in any enactment to a provision of the Merchant Shipping Acts, 1894 to 1993, being a provision that is repealed by this Act and which corresponds to a provision of this Act, shall, unless the context otherwise requires, be construed as a reference to the said provision of this Act.
C4
Passenger steamer construed (14.05.1967) by Merchant Shipping Act 1966 (20/1966), s. 19(2), S.I. No. 54 of 1967.
Amendment of section 271 of Merchant Shipping Act, 1894.
19.— ...
(2) References in the Merchant Shipping Acts to a passenger steamer shall be construed as including any ship while on or about to proceed on a voyage or excursion in any case where a passenger steamer's certificate is required to be in force in respect of her.
C5
References to Act construed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 2(2), (3), commenced on enactment. Note that this Act is repealed by Merchant Shipping (Registration of Ships) Act 2014 (43/2014), s. 7 and sch. 1, not commenced as of date of revision.
Interpretation.
2.— ...
(2) References in any enactment to the Act of 1894 shall, unless the context otherwise requires, be construed as including a reference to this Act.
(3) References in any enactment to Part I of the Act of 1894 shall, unless the context otherwise requires, be construed as a reference to this Act.
C6
Application of Act extended (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 17, commenced on enactment. Note that this Act is repealed by Merchant Shipping (Registration of Ships) Act 2014 (43/2014), s. 7 and sch. 1, not commenced as of date of revision.
Registry of State-owned ships.
17.—(1) The Government may, by order, provide for the registry of State-owned ships under this Act, and, subject to any exceptions and modifications which may be made by the Government by order, either generally or as respects any special class of State-owned ships, the Act of 1894 and this Act shall apply to ships registered in accordance with any such order as if they were registered in the manner provided by this Act.
(2) The Government may revoke or amend an order under this section.
C7
Application of collectively cited Merchant Shipping Acts restricted (19.11.1953) by Merchant Shipping (Safety Convention) Act 1952 (29/1952), ss. 44, 45, 46, S.I. No. 338 of 1953. Section 46 was substituted (3.07.2010) by Merchant Shipping Act 2010 (14/2010), s. 10(1), commenced on enactment.
Removing persons in case of danger.
44.—Where the Minister for the purpose of enabling persons to be removed from any place in consequence of a threat to their lives has permitted more persons to be carried on board a ship than are permitted under the Merchant Shipping Acts apart from this section, the carriage of that excess of persons shall not be an offence under those Acts.
Power of Minister to exempt from safety requirements.
45.—(1) The Minister may exempt any ships or classes of ships from any requirements of the rules for life-saving appliances or any rules or regulations made under this Act, either absolutely or subject to such conditions as he thinks fit.
(2) Without prejudice to the preceding provisions of this section, where a ship not normally engaged on international voyages is required to undertake a single international voyage, the Minister may, if he is of opinion that the ship complies with safety requirements that are adequate for that voyage, exempt the ship from any of the safety requirements imposed by or under the Merchant Shipping Acts.
[Exemption of certain ships from certain provisions of Act of 1952.
46.—(1) Nothing in this Act—
(a) prohibiting or preventing a ship from proceeding to sea unless there are in force in relation to the ship, or are produced, the appropriate certificates issued by the Minister under this Act or the appropriate accepted Safety Convention certificates,
(b) conferring powers on a surveyor of ships for the purpose of verifying the existence, validity or correctness of any Safety Convention certificate or that the conditions on which any such certificate was issued are complied with,
(c) requiring information about a ship’s stability to be carried on board, or
(d) imposing a penalty for the contravention of any rules relating to openings in ships’ hulls and watertight bulkheads,
unless in the case of information about a ship’s stability the Minister otherwise orders, applies to any troopship.
(2) Nothing in subsection (1) affects the exemption conferred by section 741 of the Principal Act on ships belonging to the State.
(3) Notwithstanding that any provision of this Act is expressed to apply to ships not registered in the State while they are within any port in the State, that provision does not apply to a ship that would not be within any such port but for stress of weather or any other circumstance, that neither the master nor the owner of the ship could have prevented or forestalled.]
C8
References to consular officer construed (23.10.1945) by Merchant Shipping Acts, 1894 To 1921, Adaptation Order 1945 (S.R. & O. No. 273 of 1945), art. 2. Note definition of consular officer in Merchant Shipping (Registration of Ships) Act 2014 (43/2014), s. 2, not commenced as of date of revision.
Adaptation of " consular officer " in Merchant Shipping Acts, 1894 to 1921
2. (1) The expression " consular officer " in the Merchant Shipping Acts, 1894 to 1921 (exclusive of Part IV of the Merchant Shipping Act, 1906), shall be construed as including the persons to whom this Article applies as well as the persons included in the expression apart from this Order, and the expression shall be so construed notwithstanding any qualification in relation to nationality attached thereto.
(2) This Article applies to the following persons :
(a) a person who is employed in the Civil Service of the Government and who is an envoy extraordinary and minister plenipotentiary, a high commissioner, a chargé d'affaires, a counsellor of legation, a secretary of a legation or high commissioner's office, or an attaché,
(b) a person who is employed in the Civil Service of the Government and who is a consul-general, a consul or a vice-consul,
(c) a person nominated, whether individually or by reference to a class, by the Minister for External Affairs after consultation with the Minister for Industry and Commerce to exercise consular functions for the purposes of the Merchant Shipping Acts, 1894 to 1921.
C9
Application of Act modified to conform with Genoa Convention on employing children and young persons at sea (1.01.1921) by Employment of Women, Young Persons and Children Act 1920 (10 & 11 Geo. 5) c. 65, s. 1(1), (2), (5), commenced as per s. 5(2).
Restrictions on the employment of women, young persons, and children in industrial undertakings.
1.—(1) No child shall be employed in any industrial undertaking.
(2) No child shall be employed in any ship except to the extent to which and in the circumstances in which such employment is permitted under the Convention set out in Part IV. of the Schedule to this Act.
...
(5) There shall be included in every agreement with the crew entered into under the Merchant Shipping Act, 1894, a list of the young persons under the age of sixteen years who are members of the crew, together with particulars of the dates of their birth, and, in the case of a ship in which there is no such agreement, the master of the ship shall, if young persons under the age of sixteen years are employed therein, keep a register of those persons with particulars of the dates of their birth and of the dates on which they become or cease to be members of the crew, and the register so kept shall at all times be open to inspection.
...
C10
Application of collectively cited Merchant Shipping Acts restricted (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 65(2), commenced as per s. 86(2). Note: functions of Board of Trade transferred to Department of Industry and Commerce (2.06.1924) by Ministers and Secretaries Act 1924 (16/1924), s. 1(vii) and sch. sixth part, S.R.& O. No. 4 of 1924. Name of Department of Industry and Commerce most recently changed to Department of Enterprise, Trade and Employment (10.11.2020) by Business, Enterprise and Innovation (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 519 of 2020), in effect as per reg. 1(2).
Provisions as to failure to join ship and desertion.
65.— ...
(2) Where it is shown to the satisfaction of the superintendent that a seaman lawfully engaged has wilfully or through misconduct failed to join his ship, the superintendent shall report the matter to the Board of Trade, and that Board may direct that any of the seaman's certificates of discharge shall be withheld for such period as they may think fit, and, while a seaman's certificate of discharge is so withheld, the Registrar-General of Shipping and Seamen, and any other person having the custody of the necessary documents, may, notwithstanding anything in the Merchant Shipping Acts, refuse to furnish copies of any of his certificates of discharge or certified extracts of any particulars of service or character.
C11
Board of Trade enabled to exempt ships from collectively cited Merchant Shipping Acts (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 78, commenced as per s. 86(2).
Dispensing powers of the Board of Trade.
78.—(1) The Board of Trade may, if they think fit, and upon such conditions (if any) as they think fit to impose, exempt any ship from any specified requirement contained in, or pre scribed in pursuance of, the Merchant Shipping Acts, or dispense with the observance of any such requirement in the case of any ship, if they are satisfied that that requirement has been substantially complied with in the case of that ship, or that compliance with the requirement is unnecessary in the circumstances of the case, and 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.
(2) The Board of Trade shall annually lay before both Houses of Parliament a special report stating the cases in which they have exercised their powers under this section during the preceding year, and the grounds upon which they have acted in each case.
C12
References to provisions of collectively cited Merchant Shipping Acts construed (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 84(2), commenced as per s. 86(2).
Interpretation and construction.
84.— ...
(2) Any reference in this Act to any provision of the Merchant Shipping Acts, 1894 to 1900, which has been amended by any subsequent Act or is amended by this Act, shall be construed as a reference to the provision as so amended.
Editorial Notes:
E1
Power to raise sunken vessel for purposes of prosecution under collectively cited Merchant Shipping Acts 1894 to 2010 prescribed (3.07.2010) by Merchant Shipping Act 2010 (14/2010), s. 75, commenced on enactment.
E2
Act retained (8.05.2007) by Statute Law Revision Act 2007 (28/2007), s. 2 and sch. 1 part 4, commenced on enactment.
E3
Health and Safety Authority required to keep collectively cited Merchant Shipping Acts (included in definition of associated statutory provisions) under review and make proposals (1.09.2005) by Safety, Health and Welfare at Work Act 2005 (10/2005), s. 57, S.I. No. 328 of 2005.
E4
Power to seize and detain evidence for purposes of prosecution under collectively cited Merchant Shipping Acts 1894 to 1993 prescribed (1.03.1994) by Merchant Shipping (Salvage and Wreck) Act 1993 (34/1993), ss. 10(1)(c) and 62, S.I. No. 32 of 1994.
E5
Power of inspection and examination for purposes of collectively cited Merchant Shipping Acts 1894 to 1992 prescribed (1.08.1992) by Merchant Shipping Act 1992 (2/1992), s. 25(1), S.I. No. 205 of 1992.
E6
Minister empowered to amend collectively cited Merchant Shipping Acts to give effect to amendment of the International Convention for the Safety of Life at Sea signed in London on behalf of the Government on 1 November 1974 (25.01.1983) by Merchant Shipping Act 1981 (33/1981, s. 3, S.I. No. 15 of 1983.
E7
In relation to offences common to Fisheries (Consolidation) Act 1959 and this Act, they may be prosecuted and punished under either Act as provided (1.10.1959) by Fisheries (Consolidation) Act 1959 (14/1959), s. 224(4), commenced as per s. 2(1).
E8
Power of Minister to prescribe fees for surveys and services under Merchant Shipping Acts provided (14.06.1939) by Merchant Shipping (Amendment) Act 1939 (12/1939), s. 5, commenced on enactment.
E9
Penalty for failure to comply with collectively cited Merchant Shipping Acts 1894 to 1900 prescribed (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7 c. 48), s. 21, commenced as per s. 86(2); repealed (1.08.1992) by Merchant Shipping Act 1992 (2/1992), s. 4(1) and sch., not commenced as of date of revision.
E10
Double punishment for any misconduct under collectively cited Merchant Shipping Acts 1894 to 1900 prohibited (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7 c. 48), s. 44(5), commenced as per s. 86(2).
E11
Previous affecting provision: requirement to withhold and power to revoke safety certificates under collectively cited Merchant Shipping Acts 1894 to 2005 prescribed (21.07.2009) by European Communities (Marine Equipment) Regulations 2009 (S.I. No. 259 of 2009), reg. 6, in effect as per reg. 2; revoked (4.12.2014) by European Union (Marine Equipment) Regulations 2014 (S.I. No. 540 of 2014), reg. 11, in effect as per reg. 1(2).
E12
Previous affecting provision: provision made for withholding or withdrawal of safety certificates under the International Conventions and relevant provisions of the collectively cited Merchant Shipping Acts under certain circumstances (6.02.2003) by European Communities (Marine Equipment) Regulations 2003 (S.I. No. 38 of 2003), reg. 6; revoked (21.07.2009) by European Communities (Marine Equipment) Regulations 2009 (S.I. No. 259 of 2009), reg. 10(a), in effect as per reg. 2.
E13
Previous affecting provision: power to withhold or withdraw safety certificates under collectively cited Merchant Shipping Acts 1894 to 1998 prescribed (23.12.1998) by European Communities (Marine Equipment) Regulations 1998 (S.I. No. 545 of 1998), reg. 6; revoked (6.02.2003) by European Communities (Marine Equipment) Regulations 2003 (S.I. No. 38 of 2003 ), reg. 11(a).
E14
Previous affecting provision: Minister empowered to authorise a recognised organisation to carry out surveys or inspections under Act under certain conditions (2.03.1998) by European Communities (Ship Inspection and Survey Organisations) Regulations 1998 (S.I. No. 56 of 1998), reg. 4(1)(a), in effect as per reg. 1(2); revoked (15.07.2003) by European Communities (Ship Inspection and Survey Organisations) Regulations 2003 (S.I. No. 301 of 2003), reg. 9.
E15
Previous affecting provision: functions under collectively cited Merchant Shipping Acts transferred and references construed (31.03.1987) by Communications (Transfer of Departmental Administration and Ministerial Functions) Order 1987 (S.I. No. 91 of 1987), arts. 3, 4 and sch. part I, in effect as per art. 1(2); superseded as per C-note above.
E16
Previous affecting provision: functions under collectively cited Merchant Shipping Acts transferred and references construed (27.07.1959) by Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order 1959 (S.I. No. 125 of 1959), arts. 3, 4 and sch. I part I item 6, in effect as per art. 2; superseded as per E-note above.
E17
Previous affecting provision: power pursuant to collectively cited Merchant Shipping Acts exercised (1.01.1955) by Merchant Shipping (Fees) Order 1954 (S.I. No. 267 of 1954), in effect as per art. 1(2); revoked (1.01.1964) by Merchant Shipping (Fees) Order 1963 (S.I. No. 266 of 1963), art. 4, in effect as per art. 1(2).
E18
Previous affecting provision: powers pursuant to collectively cited Merchant Shipping Acts exercised (21.08.1949) by Merchant Shipping (Fees) Order, 1940 (Amendment) Order 1949 (S.I. No. 236 of 1949), in effect as per art. 1(2); revoked (1.01.1955) by Merchant Shipping (Fees) Order 1954 (S.I. No. 267 of 1954), art. 5, in effect as per art. 1(2).
E19
Previous affecting provision: powers pursuant to collectively cited Merchant Shipping Acts exercised (7.08.1940) by Merchant Shipping (Fees) Order 1940 (S.I. No. 36 of 1940), in effect as per art. 1; revoked (1.01.1955) by Merchant Shipping (Fees) Order 1954 (S.I. No. 267 of 1954), art. 5, in effect as per art. 1(2).
E20
Previous affecting provision: power pursuant to Merchant Shipping Act 1894 exercised (21.03.1929) by Merchant Shipping (Fees) Order 1929 (unnumbered).
E21
Previous affecting provision: power pursuant to Merchant Shipping Act 1894 exercised (date unknown) by Merchant Shipping (Fees) Order No. 2 1925 (unnumbered); revoked (21.03.1929) by Merchant Shipping (Fees) Order 1929 (unnumbered), art. 3, in effect as per art. 1.
E22
Passengers deemed to be carried from or to State for purposes of returns under collectively cited Merchant Shipping Acts 1894 to 1900 (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7 c. 48), s. 15, commenced as per s. 86(2).
E23
Double punishment for any misconduct under collectively cited Merchant Shipping Acts 1894 to 1900 prohibited (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7 c. 48), s. 44(5), commenced as per s. 86(2).
E24
Previous affecting provision: method of calculating tonnage of steamship for purposes of collectively cited Merchant Shipping Acts 1894 to 1900 prescribed (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7 c. 48), s. 69, commenced as per s. 86(2); repealed (6.02.1997) by Merchant Shipping (Liability of Shipowners and Others) Act 1996 (35/1996), s. 3 and sch. 4, S.I. No. 215 of 1997.
E25
Functions under collectively cited Merchant Shipping Acts 1894 to 1900 made subject to control of Board of Trade (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7 c. 48), s. 74(1), commenced as per s. 86(2). Note: functions of Board of Trade transferred to Department of Industry and Commerce (2.06.1924) by Ministers and Secretaries Act 1924 (16/1924), s. 1(vii) and sch. sixth part, S.R.& O. No. 4 of 1924. Name of Department of Industry and Commerce most recently changed to Department of Enterprise, Trade and Employment (10.11.2020) by Business, Enterprise and Innovation (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 519 of 2020), in effect as per reg. 1(2).