Merchant Shipping Act 1894

Cancellation of certificate.

279

279.(1) The Board of Trade may cancel a passenger steamer’s certificate where they have reason to believe—

(a) that any declaration of survey on which the certificate was founded has been in any particular made fraudulently or erroneously; or,

(b) that the certificate has been issued upon false or erroneous information; or,

(c) that since the making of the declaration, the hull, equipments, or machinery have sustained any injury, or are otherwise insufficient.

(2) In every such case the Board of Trade may require the owner to have the hull equipment or machinery of the steamer again surveyed, and to transmit further declarations of survey, before they re-issue the certificate or grant a fresh one in lieu thereof.

Annotations:

Amendments:

F144

Repealed by Merchant Shipping Act 1992 (2/1992), s. 4 and sch., not commenced as of date of revision.

Modifications (not altering text):

C73

Prospective affecting provision: section repealed by Merchant Shipping Act 1992 (2/1992), s. 4 and sch., not commenced as of date of revision.

279.F144[]

C74

Application of section extended (14.05.1967) by Merchant Shipping Act 1966 (20/1966), s. 4(6)(a), S.I. No. 54 of 1967.

Cargo ship safety construction certificates and exemption certificates.

4.- ....

(6) In relation to a certificate issued or extended under this section by a person authorised by the Minister—

(a) the provisions applied by section 27 (8) of the Act of 1952 (which relate to the transmission, cancellation, surrender, posting-up and falsification of certificates issued by the Minister), except section 276 of the Principal Act (transmission of certificates), and

(b) section 5 of the Act of 1952 (fees);

shall apply as they apply in relation to certificates issued by the Minister, but so much of section 6 of the Act of 1952 as requires fees to be paid into or disposed of for the benefit of the Exchequer shall not apply.

...

C75

Application of section extended (19.11.1953) by Merchant Shipping (Safety Convention) Act 1952 (29/1952), s. 27(8), S.I. No. 338 of 1953.

Miscellaneous provisions as to surveys and certificates.

27.— ...

(8) The following provisions of the Principal Act shall apply to and in relation to certificates issued by the Minister, and ships certified, under this Act in the same manner as they apply to and in relation to passenger steamers' certificates and passenger steamers, namely, section 276 (which relates to the transmission of a certificate to the owner of the steamer), section 279 (which relates to the cancellation of certificates), section 280 (which relates to the surrender of certificates no longer in force), section 281 (which relates to the posting up of a certificate on board) and section 282 (which relates to the forging and falsification of certificates).

...

Editorial Notes:

E115

Previous affecting provision: application of section extended by Merchant Shipping (Convention) Act 1914 (4 & 5 Geo. 5) c. 50, s. 11(2), not commenced as per s. 29(5) prior to Independence because of repeated Orders in Council postponing commencement and not commenced subsequently; repealed (3.11.1933) by Merchant Shipping (Safety and Load Line Conventions) Act 1933 (42/1933), s. 67(2) and sch. 2 part III, commenced on enactment.