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

revisedacts@lawreform.ie.


1894 (57 & 58 Vict.) c. 60


MERCHANT SHIPPING ACT 1894

REVISED

Updated to 30 April 2021


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Merchant Shipping Acts 1894 to 2015 : this Act is one of a group of Acts included in this collective citation ( Harbours Act 2015 (61/2015), s. 1(3)). The Acts in this group are:

Merchant Shipping Act 1894 (57 & 58 Vict.) c. 60

Merchant Shipping Act 1897 (60 & 61 Vict.) c. 59

Merchant Shipping (Exemption from Pilotage) Act 1897 (60 & 61 Vict.) c. 61 (Repealed)

Merchant Shipping (Liability of Shipowners) Act 1898 (61 & 62 Vict.)) c. 14 (Repealed)

Merchant Shipping (Merchantile Marine Fund) Act 1898 (61 & 62 Vict.) c. 44

Merchant Shipping (Liability of Shipowners & Others) Act 1900 (63 & 64 Vict.) c. 32 (Repealed)

Merchant Shipping Act 1906 (6 Edw. 7) c. 48

Merchant Shipping Act 1907 (7 Edw. 7) c. 52 (Repealed)

Pilotage Act 1913 (2 & 3 Geo. 5) c. 31 (Repealed)

Merchant Shipping (Certificates) Act 1914 (4 & 5 Geo. 5) c. 42 (Repealed)

Merchant Shipping (Convention) Act 1914 (4 & 5 Geo. 5) c. 50 (Repealed)

Merchant Shipping (Salvage) Act 1916 (6 & 7 Geo. 5) c. 41 (Repealed)

Merchant Shipping (Wireless Telegraphy) Act 1919 (9 & 10 Geo. 5) c. 38 (Repealed)

Merchant Shipping (Amendment) Act 1920 (10 & 11 Geo. 5) c. 2

Merchant Shipping Act 1921 (11 & 12 Geo. 5) c. 28

Merchant Shipping (Helm Orders) Act 1932 (32/1932) (Repealed)

Merchant Shipping (International Labour Conventions) Act 1933 (29/1933)

Merchant Shipping (Safety and Load Line Conventions) Act 1933 (42/1933)

Merchant Shipping (Amendment) Act 1939 (12/1939)

Merchant Shipping Act 1947 (46/1947)

Merchant Shipping (Safety Convention) Act 1952 (29/1952)

Pilotage (Amendment) Act 1962 (2/1962) (Repealed)

Merchant Shipping Act 1966 (20/1966)

Merchant Shipping (Load Lines) Act 1968 (17/1968)

Merchant Shipping (Certification of Seamen) Act 1979 (37/1979)

Merchant Shipping Act 1981 (33/1981)

Merchant Shipping (Light Dues) Act 1983 (18/1983)

Fisheries (Amendment) Act 1983 (27/1983), s. 8 in so far as it amends the Merchant Shipping Act 1894 and s. 10(2) (Repealed)

Merchant Shipping Act 1992 (2/1992)

Merchant Shipping (Salvage and Wreck) Act 1993 (34/1993)

Fisheries (Amendment) Act 1994 (23/1994) (Repealed)

Merchant Shipping (Liability of Shipowners and Others) Act 1996 (35/1996)

Merchant Shipping (Commissioners of Irish Lights) Act 1997 (37/1997)

Merchant Shipping (Miscellaneous Provisions) Act 1998 (20/1998)

Merchant Shipping (Investigation of Marine Casualties) Act 2000 (14/2000)

Sea Pollution (Hazardous Substances) (Compensation) Act 2005 (9/2005), s. 28

Maritime Safety Act 2005 (11/2005), other than Parts 5 and 6

Merchant Shipping Act 2010 (14/2010), other than s. 93

Local Government Reform Act 2014 (1/2014), s. 1(15) and the amendment to the Merchant Shipping (Salvage and Wreck) Act 1993 provided for in s. 5(6) and Schedule 2, Part 6 (note: the reference to s. 5(6) appears to refer to s. 5(8))

Merchant Shipping (Registration of Ships) Act 2014 (43/2014)

Harbours Act 2015 (61/2015), s. 51

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Merchant Shipping Act 2010 (14/2010)

Fines Act 2010 (8/2010)

Arbitration Act 2010 (1/2010)

Statute Law Revision Act 2007 (28/2007)

Sea-Fisheries and Maritime Jurisdiction Act 2006 (8/2006)

Maritime Safety Act 2005 (11/2005)

Civil Registration Act 2004 (3/2004)

Valuation Act 2001 (13/2001)

Merchant Shipping (Investigation of Marine Casualties) Act 2000 (14/2000)

Merchant Shipping (Miscellaneous Provisions) Act 1998 (20/1998)

Finance Act 1998 (3/1998)

Criminal Law Act 1997 (14/1997)

Merchant Shipping (Liability of Shipowners and Others) Act 1996 (35/1996)

Courts and Court Officers Act 1995 (31/1995)

Fisheries (Amendment) Act 1994 (23/1994)

Merchant Shipping (Salvage and Wreck) Act 1993 (34/1993)

Merchant Shipping Act 1992 (2/1992)

Sea Pollution Act 1991 (27/1991)

Jurisdiction of Courts (Maritime Conventions) Act 1989 (5/1989)

Oil Pollution of the Sea (Civil Liability and Compensation) Act 1988 (11/1988)

Fisheries (Amendment) Act 1983 (27/1983)

Malicious Injuries Act 1981 (9/1981)

Merchant Shipping (Certification of Seamen) Act 1979 (37/1979)

Merchant Shipping (Load Lines) Act 1968 (17/1968)

Merchant Shipping Act 1966 (20/1966)

Diseases of Animals Act 1966 (6/1966)

Courts (Supplemental Provisions) Act 1961 (39/1961)

Fisheries (Consolidation) Act 1959 (14/1959)

Mercantile Marine Act 1955 (29/1955)

Arbitration Act 1954 (26/1954)

Consular Conventions Act 1954 (10/1954)

Health Act 1953 (26/1953)

Merchant Shipping (Safety Convention) Act 1952 (29/1952)

Merchant Shipping Act 1947 (46/1947)

Harbours Act 1946 (9/1946)

Merchant Shipping (Amendment) Act 1939 (12/1939)

Air Navigation and Transport Act 1936 (40/1936)

Workmen's Compensation Act 1934 (9/1934)

Merchant Shipping (Safety and Load Line Conventions) Act 1933 (42/1933)

Merchant Shipping (International Labour Conventions) Act 1933 (29/1933)

Merchant Shipping Act 1921(11 & 12 Geo. 5) c. 28

Employment of Women, Young Persons, and Children Act 1920 1920 (10 & 11 Geo. 5) c. 65

Savings Banks Act 1920 1920 (10 & 11 Geo. 5) c. 12

Merchant Shipping (Amendment) Act 1920 1920 (10 & 11 Geo. 5) c. 2

Pilotage Act 19131913 (2 & 3 Geo. 5) c. 31

Maritime Conventions Act 1911 1911 (1 & 2 Geo. 5) c. 57

Merchant Shipping (Stevedores and Trimmers) Act 1911 1911 (1 & 2 Geo. 5) c. 41

Merchant Shipping (Seamen's Allotment) Act 1911 1911 (1 & 2 Geo. 5) c. 8

Statute Law Revision Act 1908 1908 (8 Edw. 7) c. 49

Merchant Shipping Act 1906 1906 (6 Edw. 7) c. 48

Shipowners' Negligence (Remedies) Act 1905 1905 (5 Edw. 7) c. 10

Merchant Shipping (Mercantile Marine Fund) Act 1898 1898 (61 & 62 Vict.) c. 44

Merchant Shipping Act 1897 1897 (60 & 61 Vict.) c. 59

All Acts up to and including Children (Amendment) Act 2021 (6/2021), enacted 26 April 2021, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

European Union (International Labour Organisation Work in Fishing Convention) (Crew List and Fisherman’s Work Agreement) Regulations 2020 (S.I. No. 333 of 2020)

Merchant Shipping (Maritime Labour Convention) (Accommodation, Recreational Facilities, Food, Catering and Ships' Cooks) Regulations 2014 (S.I. No. 374 of 2014)

Merchant Shipping (Collision Regulations) (Ships and Water Craft on the Water) Order 2012 (S.I. No. 507 of 2012)

Merchant Shipping (Fees) Regulations 2010 (S.I. No. 595 of 2010)

Merchant Shipping (Fees) Order 2010 (S.I. No. 594 of 2010)

Merchant Shipping (Registry, Lettering and Numbering of Fishing Boats) Regulations 2005 (S.I. No. 261 of 2005)

Collision Regulations (Ships and Water Craft on The Water) (Amendment) Order 2005 (S.I. No. 47 of 2005)

Merchant Shipping (Registry, Lettering and Numbering of Fishing Boats) (Amendment) Regulations 2001 (S.I. No. 411 of 2001)

Merchant Shipping (Life-Saving Appliances) (Amendment) Rules 1999 (S.I. No. 368 of 1999)

Merchant Shipping (Fees) Order 1998 (S.I. No. 475 of 1998)

Merchant Shipping (Safe Manning, Hours of Work and Watchkeeping) Regulations 1998 (S.I. No. 551 of 1998)

Merchant Shipping (Registry, Lettering and Numbering of Fishing Boats) Regulations 1997 (S.I. No. 294 of 1997)

Merchant Shipping (Recognition of British Certificates of Competency) Order 1995 (S.I. No. 228 of 1995)

Merchant Shipping (Cargo Ship Safety Equipment Survey) (Amendment) Rules 1994 (S.I. No. 29 of 1994)

Merchant Shipping (Life-Saving Appliances) Rules, 1983 (Amendment) (No. 2) Rules 1993 (S.I. No. 382 of 1993)

Merchant Shipping (Life-Saving Appliances) Rules, 1983 (Amendment) Rules 1993 (S.I. No. 381 of 1993)

Merchant Shipping (Life-Saving Appliances) Rules 1993 (S.I. No. 380 of 1993)

Collision Regulations (Ships and Water Craft on The Water) (Amendment) Order 1993 (S.I. No. 287 of 1993)

Merchant Shipping (Pilot Ladders and Hoists) Rules 1993 (S.I. No. 55 of 1993)

Merchant Shipping (Musters and Training) (Amendment) Rules 1993 (S.I. No. 7 of 1993)

Merchant Shipping (Emergency Information for Passengers) Rules 1992 (S.I. No. 392 of 1992)

Merchant Shipping (Passenger Counting anf Recording Systems) Rules 1992 (S.I. No. 390 of 1992)

Merchant Shipping (Fire Protection) (Amendment) Rules 1990 (S.I. No. 86 of 1990)

Merchant Shipping (Musters and Training) Rules 1990 (S.I. No. 85 of 1990)

Collision Regulations (Ships and Water Craft on The Water) (Amendment) Order 1990 (S.I. No. 36 of 1990)

Merchant Shipping (Registry, Lettering and Numbering of Fishing Boats) Regulations 1989 (S.I. No. 344 of 1989)

Merchant Shipping (Certification of Marine Engineer Officers and Marine Engine Operators) Regulations 1988 (S.I. No. 369 of 1988)

Merchant Shipping (Certification of Deck Officers) Regulations 1988 (S.I. No. 368 of 1988)

Fishing Vessels (Certification of Deck Officers and Engineer Officers) Regulations 1988 (S.I. No. 289 of 1988)

Merchant Shipping (Fire Protection) Rules 1985 (S.I. No. 279 of 1985)

Merchant Shipping (Fire Appliances) (Post 1980 Ships) (Amendment) Rules 1985 (S.I. No. 278 of 1985)

Merchant Shipping (Fire Appliances) (Amendment) Rules 1985 (S.I. No. 277 of 1985)

Merchant Shipping (Medical Examinations) Regulations 1984 (S.I. No. 193 of 1984)

Merchant Shipping (Certificates of Proficiency in Survival Craft) Regulations 1984 (S.I. No. 191 of 1984)

Merchant Shipping (Certification and Watchkeeping) Regulations 1984 (S.I. No. 187 of 1984)

Collision Regulations (Ships and Water Craft on The Water) Order 1984 (S.I. No. 29 of 1984)

Merchant Shipping (Musters) Rules 1983 (S.I. No. 316 of 1983)

Merchant Shipping (Pilot Ladders and Hoists) Rules 1983 (S.I. No. 314 of 1983)

Merchant Shipping (Cargo Ship Safety Equipment Survey) Rules 1983 (S.I. No. 312 of 1983)

Merchant Shipping (Radio Installations) Rules 1983 (S.I. No. 308 of 1983)

Merchant Shipping (Fire Appliances - Application To Other Ships) Rules 1983 (S.I. No. 305 of 1983)

Merchant Shipping (Fire Appliances) (Amendment) Rules 1983 (S.I. No. 304 of 1983)

Merchant Shipping (Fire Appliances) (Post-1980 Ships) Rules 1983 (S.I. No. 303 of 1983)

Merchant Shipping (Life-Saving Appliances) Rules 1983 (S.I. No. 302 of 1983)

Merchant Shipping Act 1894 (Adaptation) Order 1983 (S.I. No. 223 of 1983)

Merchant Shipping (Life-Saving Appliances) (Amendment) Rules 1978 (S.I. No. 216 of 1978)

Collision Regulations (Ships and Water Craft on the Water) Order 1977 (S.I. No. 229 of 1977)

Collision Regulations (Ships and Seaplanes on The Water) (Amendment) Order 1975 (S.I. No. 253 of 1975)

Merchant Shipping (Pilot Ladders) (Amendment) Rules 1972 (S.I. No. 223 of 1972)

Merchant Shipping (Life-Saving Appliances) (Amendment) Rules 1972 (S.I. No. 178 of 1972)

Collision Regulations (Ships and Seaplanes on The Water) (Amendment) Order 1968 (S.I. No. 18 of 1968)

Merchant Shipping (Pilot Ladders) Rules 1967 (S.I. No. 107 of 1967)

Merchant Shipping (Musters) Rules 1967 (S.I. No. 106 of 1967)

Merchant Shipping (Radio) Rules 1967 (S.I. No. 103 of 1967)

Merchant Shipping (Fire Appliances) Rules 1967 (S.I. No. 101 of 1967)

Merchant Shipping (Life-Saving Appliances) Rules 1967 (S.I. No. 100 of 1967)

Collision Regulations (Ships and Seaplanes on The Water) Order 1965 (S.I. No. 185 of 1965)

Merchant Shipping Act, 1894 (Exemption of Certain Trawlers From Section 413 (1)) Order 1960 (S.I. No. 124 of 1960)

Merchant Shipping (Life-Saving Appliances) Rules 1960 (S.I. No. 29 of 1960)

Merchant Shipping (Fees) Order 1954 (S.I. No. 267 of 1954)

Collision Regulations (Ships and Seaplanes on The Water) Order 1953 (S.I. No. 399 of 1953)

Merchant Shipping Act 1894 (Adaptation) Order 1953 (S.I. No. 398 of 1953)

Merchant Shipping (Life-Saving and Fire Appliances) Rules 1953 (S.I. No. 341 of 1953)

Merchant Shipping (Fees) Order, 1940 (Amendment) Order 1949 (S.I. No. 236 of 1949)

Merchant Shipping (Life-Saving Appliances) (Amendment) Rules 1947 (S.R. & O. No. 267 of 1947)

Merchant Shipping (Fees) Order 1940 (S.R. & O. No. 36 of 1940)

Merchant Shipping (Life-Saving Appliances) Rules 1938 (S.R. & O. No. 155 of 1938)

Merchant Shipping Safety (Load Line) Regulations 1930 (S.R. & O. No. 84 of 1930)

Merchant Shipping (Fees) Order 1929 dated 21 March 1929 (unnumbered)

Merchant Shipping Act 1894 Adaptation Order 1927 (S.R. & O. No. 80 of 1927)

Merchant Shipping Act 1894 Adaptation (No. 2) Order 1927 (S.R. & O. No. 106 of 1927)

Merchant Shipping (Registry, Lettering and Numbering of Fishing Boats) (Regulations) Order 1927 (S.R. & O. No. 105 of 1927)

Merchant Shipping (Fees) Order No. 2 1925 (unnumbered)

Merchant Shipping (Fees) Order 1925 dated 6 April 1925 (Unnumbered)

Merchant Shipping (Registry, Lettering and Numbering of Fishing Boats) (Regulations) Order in Council dated 14 October 1913 (unnumbered)

Merchant Shipping (Registry, Lettering and Numbering of Fishing Boats) (Regulations) Order in Council dated 23 October 1905 (unnumbered)

Merchant Shipping (Registry, Lettering and Numbering of Fishing Boats) (Regulations) Order in Council dated 24 October 1904 (unnumbered)

Merchant Shipping (Registry, Lettering and Numbering of Fishing Boats) (Regulations) Order in Council dated 24 March 1902 (unnumbered)

Merchant Shipping (Pilot Signals) Order in Council dated 29 June 1900 (unnumbered)

All statutory instruments up to and including 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 revision.


1894 (57 & 58 Vict.) c. 60


MERCHANT SHIPPING ACT 1894

REVISED

Updated to 30 April 2021


CONTENTS

PART I

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)

PART II

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

PART III

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

PART IV

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

PART V

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

PART VI

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

PART VII

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

PART VIII

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)

PART IX

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)

PART X

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)

PART XI

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

PART XII

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

PART XIII

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

PART XIV

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)

FIRST SCHEDULE

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

SECOND SCHEDULE

Measurement of Tonnage

THIRD SCHEDULE

Table of Maximum Fees to be paid for the Measurement of Merchant Ships

FOURTH SCHEDULE

Table of Maximum Fees to be paid by Applicants for Examination

FIFTH SCHEDULE

Regulations to be observed with respect to Anti-Scorbutics

SIXTH SCHEDULE

Regulations to be observed with respect to Accommodation on board Ships

SEVENTH SCHEDULE

Constitution of Local Marine Boards

EIGHTH SCHEDULE

Particulars to be registered by Master of a Ship concerning a Birth at Sea

NINTH SCHEDULE

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

SIXTEENTH SCHEDULE

Maximum Fees for Inspection of Lights and Fog Signals

SEVENTEENTH SCHEDULE

Life Saving Appliances

EIGHTEENTH SCHEDULE

Precautions as to Grain Cargo

NINETEENTH SCHEDULE

Part I - Statements in the case of Salvage by Her Majesty's Ships

Part II - Salvage Bond

TWENTIETH SCHEDULE

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).