Merchant Shipping Act 1894
Power to detain unsafe ships, and procedure for detention.
459.—Where a British ship, being in any port in the United Kingdom, is an unsafe ship, that is to say, is by reason of the defective condition of her hull, equipments, or machinery, or by reason of overloading or improper loading, unfit to proceed to sea without serious danger to human life, having regard to the nature of the service for which she is intended, such ship may be provisionally detained for the purpose of being surveyed, and either finally detained or released as follows:—
(a) The Board of Trade, if they have reason to believe, on complaint or otherwise, that a British ship is unsafe, may order the ship to be provisionally detained as an unsafe ship for the purpose of being surveyed.
(b) When a ship has been provisionally detained there shall be forthwith served on the master of the ship a written statement of the grounds of her detention, and the Board of Trade may, if they think fit, appoint some competent person or persons to survey the ship and report thereon to the Board.
(c) The Board of Trade on receiving the report may either order the ship to be released or, if in their opinion the ship is unsafe, may order her to be finally detained, either absolutely, or until the performance of such conditions with respect to the execution of repairs or alterations, or the unloading or re loading of cargo, as the Board think necessary for the protection of human life, and the Board may vary or add to any such order.
(d) Before the order for final detention is made a copy of the report shall be served upon the master of the ship, and within seven days after that service the owner or master of the ship may appeal to the court of survey for the port or district where the ship is detained in manner directed by the rules of that court.
(e) Where a ship has been provisionally detained, the owner or master of the ship, at any time before the person appointed under this section to survey the ship makes that survey, may require that he shall be accompanied by such person as the owner or master may select out of the list of assessors for the court of survey, and in that case if the surveyor and assessor agree, the Board of Trade shall cause the ship to be detained or released accordingly, but if they differ, the Board of Trade may act as if the requisition had not been made, and the owner and master shall have the like appeal touching the report of the surveyor as is before provided by this section.
(f) Where a ship has been provisionally detained, the Board of Trade may at any time, if they think it expedient, refer the matter to the court of survey for the port or district where the ship is detained.
(g) The Board of Trade may at any time, if satisfied that a ship detained under this section is not unsafe, order her to be released either upon or without any conditions.
(2) Any person appointed by the Board of Trade for the purpose (in this Act referred to as a detaining officer) shall have the same power as the Board have under this section of ordering the provisional detention of a ship for the purpose of being surveyed, and of appointing a person or persons to survey her; and if he thinks that a ship so detained by him is not unsafe may order her to be released.
(3) A detaining officer shall forthwith report to the Board of Trade any order made by him for the detention or release of a ship.
(4) An order for the detention of a ship, provisional or final, and an order varying the same, shall be served as soon as may be on the master of the ship.
(5) A ship detained under this section shall not be released by reason of her British register being subsequently closed.
(6) The Board of Trade may with the consent of the Treasury appoint fit persons to act as detaining officers under this section, and may remove any such officer; and a detaining officer shall be paid such salary or remuneration (if any) out of money provided by Parliament as the Treasury direct, and shall for the purpose of his duties have all the powers of a Board of Trade inspector under this Act.
(7) A detaining officer and a person authorised to survey a ship under this section shall for that purpose have the same power as a person appointed by a court of survey to survey a ship, and the provisions of this Act with respect to the person so appointed shall apply accordingly.
Annotations:
Modifications (not altering text):
C131
Application of section extended (21.08.1992) by Merchant Shipping Act 1992 (2/1992), s. 26(1), (2), S.I. No. 205 of 1992.
Power to detain certain vessels.
26.—(1) Section 459 (which provides for the detention of unsafe ships) of the Principal Act shall apply in relation to any vessel as respects which the Minister or a detaining officer (within the meaning of the said section 459) is of opinion that, owing to a contravention of this Act or of a regulation thereunder, the vessel is unfit to proceed on any voyage or excursion because of the danger to human life that the voyage or excursion would entail.
(2) Where a vessel is found by a detaining officer (within the meaning aforesaid) anywhere in the State and the vessel is a vessel to which, in the opinion of the officer, the said section 459 applies, the officer may detain the vessel at the place where it is found or take it to the nearest convenient port or other place (including a port or other place on a river or lake) and detain it there.
C132
Application of section extended (4.10.1968) by Merchant Shipping (Load Lines) Act 1968 (17/1968), s. 14(5)(a), S.I. No. 206 of 1968.
Compliance with load line rules by ships other than registered ships.
14.— ...
(5) If any such ship as is mentioned in subsection (1) of this section, not being a ship in respect of which a valid Convention certificate is produced, does not comply with the conditions of assignment, then—
(a) if the ship is an Irish ship, she shall be deemed to be unsafe for the purposes of section 459 of the Merchant Shipping Act, 1894
(b) if the ship is a foreign ship, section 462 of that Act shall have effect in relation to the ship as if she were unsafe by reason of one of the matters specified in that section.
...
C133
Application of section extended (4.10.1968) by Merchant Shipping (Load Lines) Act 1968 (17/1968), s. 18(4)(a), S.I. No. 206 of 1968.
Provisions as to inspection.
18.— ...
(4) If on an inspection of a ship under this section the ship is found to have been so materially altered in respect of the matters referred to in paragraph (c) or paragraph (d) of the last preceding subsection that the ship is manifestly unfit to proceed to sea without danger to human life, then—
(a) if the ship is an Irish ship, she shall be deemed to be unsafe for the purposes of section 459 of the Merchant Shipping Act, 1894 , or
(b) if the ship is a foreign ship, section 462 of that Act shall have effect in relation to the ship as if she were unsafe by reason of one of the matters specified in that section.
...
C134
Application of section extended (4.10.1968) by Merchant Shipping (Load Lines) Act 1968 (17/1968), s. 4(4), S.I. No. 206 of 1968.
Compliance with load line rules by registered ships.
4.— ...
(4) Any such ship as is mentioned in subsection (1) of this section which does not comply with the conditions of assignment shall be deemed to be unsafe for the purposes of section 459 of the Merchant Shipping Act, 1894 .
C135
Application of section extended (6.08.1897) by Merchant Shipping Act 1897 (60 & 61 Vict.) c. 59, s. 1(1), commenced on enactment.
Extension of powers of detention for unsafety to undermanning
1.—(1) Section four hundred and fifty-nine of the Merchant Shipping Act, 1894 (which gives power to detain unsafe ships), shall apply in the case of undermanning, and accordingly that section shall be construed as if the words “or by reason of undermanning” were inserted therein after the word “machinery,” and as if the words “or for ascertaining the sufficiency of her crew” were inserted after the word “surveyed,” and as if the words “or the manning of the ship” were inserted therein after the words “reloading of cargo,” and the powers exerciseable under or for the purposes of that section shall include power to muster the crew.
...
Editorial Notes:
E311
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.
E312
Powers to direct an inquiry into the condition of anchors and chain cables where a ship is detained as unsafe granted (19.08.1899) by Anchors and Chain Cables Act 1899 (62 & 63 Vict.) c. 23, s. 4, commenced on enactment.