Merchant Shipping Act 1894
Skippers and second hands to hold certificate of competency.
413.—(1) A fishing boat, being a trawler of twenty-five tons tonnage or upwards, shall not go to sea from any port F164[…] unless provided with a duly certificated skipper and a duly certificated second hand.
(2) If a boat goes to sea contrary to this section, the owner thereof shall for each offence be liable to a fine not exceeding twenty pounds.
(3) If any person, except in case of necessity—
(a) having been engaged to serve as skipper or second hand of a fishing boat, being a trawler of twenty-five tons tonnage and upwards, serves as skipper or second hand of that boat without being duly certificated; or
(b) employs any person as skipper or second hand of such a boat without ascertaining that he is duly certificated;
that person shall for each offence be liable to a fine not exceeding twenty pounds.
(4) A skipper or second hand shall not be deemed duly certificated for the purpose of this section unless he holds a certificate under this Part of this Act appropriate to his station in the boat or to a higher station.
(5) Where the skipper of such a boat is absent from his boat a superintendent may, on the request of the owner of the boat, and on being satisfied that the absence is due to an unavoidable cause, authorise the second hand of the boat to act, for a period not exceeding one month, as the skipper of the boat during the skipper’s absence, and the second hand when acting under that authority shall for the purposes of this section be deemed to be a duly certificated skipper.
Annotations:
Amendments:
F164
Deleted (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 85 and sch., commenced as per s. 86(2).
Modifications (not altering text):
C112
Application of subs. (1) restricted (7.07.1960) by Merchant Shipping Act, 1894 (Exemption of Certain Trawlers From Section 413 (1)) Order 1960 (S.I. No. 124 of 1960, in effect as per art. 3.
3. On and after the 7th day of July, 1960, fishing boats being trawlers of twenty-five tons tonnage or upwards but not exceeding fifty tons shall be exempt from the provisions of subsection (1) of section 413 of the Merchant Shipping Act, 1894, when—
(a) carrying as skipper either a duly certificated skipper or a duly certificated second hand whose certificate has been endorsed to certify that he is competent to act as skipper of a fishing boat not exceeding fifty tons tonnage, and
(b) not proceeding north of latitude 61° N. or south of latitude 48° 30" N. or west of longitude 14° 30' W.
C113
Application of section extended (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 81, commenced as per s. 86(2).
Application of certain sections of principal Act to Scotland.
81. (1) Sections four hundred and thirteen to four hundred and sixteen of the principal Act (which relate to certificates of skippers and second hands on trawlers) shall apply to fishing boats being trawlers of twenty-five tons tonnage and upwards going to sea from any port of Scotland in like manner as they apply to such fishing boats going to sea from any port of England or Ireland, except that in section four hundred and fifteen the date of the commencement of this Act shall be substituted for the dates mentioned in that section, and Part IV. of the principal Act shall be construed accordingly.
(2) The sections aforesaid as hereby applied to Scotland shall, notwithstanding anything contained in Part IV. of the principal Act, be deemed to be portions or provisions of Part IV. referred to in section three hundred and sixty-nine of the principal Act (conferring power on the Board of Trade to make exempting or extending orders), and that section (with the sub stitution of the Edinburgh Gazette for the London Gazette) and Part IV. shall be construed accordingly: Provided that any Order to be published in the Edinburgh Gazette under that section shall be subject to the consent of the Secretary for Scotland.
Editorial Notes:
E207
A fine of £20 translates into a Class C fine, not exceeding €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 6, table ref. no. 8, S.I. No. 662 of 2010.