Merchant Shipping Act 1894

Appeal to court of survey.

275

275.(1) If the owner of a steamer feels aggrieved by the declaration of survey of a shipwright or engineer surveyor F138[or wireless telegraphy surveyor] F139[or radio surveyor], or by the refusal of such a surveyor to give such a declaration, he may appeal to the court of survey for the port or district where the steamer for the time being is, in manner directed by the rules of that court.

(2) On any such appeal the judge of the court of survey shall report to the Board of Trade on the question raised by the appeal and the Board, when satisfied that the requirements of the report and of the foregoing provisions of this Part of this Act have been complied with, may grant a passenger steamer’s certificate.

(3) Subject to any order made by the judge of the court of survey the costs of and incidental to the appeal shall follow the event.

(4) A shipwright or engineer surveyor F138[or wireless telegraphy surveyor] F139[or radio surveyor]in making a survey of a steamer for the purpose of a declaration of survey shall, if the owner of the steamer so requires, be accompanied on the survey by some person appointed by the owner, and in that case, if the surveyor and the person so appointed agree, there shall be no appeal under this section to the court of survey.

Annotations:

Amendments:

F138

Inserted (1.01.1934) by Merchant Shipping (Safety and Load Line Conventions) Act 1933 (42/1933), s. 9(3), S.I. No. 174 of 1933.

F139

Inserted (19.11.1953) by Merchant Shipping (Safety Convention) Act 1952 (29/1952), s. 17(2), S.I. No. 338 of 1953.

F140

Repealed by Merchant Shipping Act 1992 (2/1992), s. 4 and sch., not commenced as of date of revision.

Modifications (not altering text):

C66

Prospective affecting provision: section repealed by Merchant Shipping Act 1992 (2/1992), s. 4 and sch., not commenced as of date of revision.

275.F131[]

C67

Application of section extended (19.11.1953) by Merchant Shipping (Safety Convention) Act 1952 (29/1952), s. 27(2), S.I. No. 338 of 1953.

Miscellaneous provisions as to surveys and certificates.

27.— ...

(2) Subsection (2) of section 272 of the Principal Act (which requires a surveyor to deliver declarations of survey to the owner of a ship), section 273 of that Act (which requires the owner to deliver the declaration to the Minister) and section 275 of that Act (which relates to appeals to the court of survey) shall apply to surveys for the purpose of the issue of any certificate in respect of a ship under this Act as they apply to surveys for the purpose of the issue of passenger steamers' certificates.

...