Merchant Shipping Act 1894
Application to foreign ships of provisions as to detention.
462.—Where a foreign ship F196[…] at a port in the United Kingdom, F196[…] is F196[…] unsafe by reason of overloading or improper loading, the provisions of this Part of this Act with respect to the detention of ships shall apply to that foreign ship as if she were a British ship, with the following modifications:—
(i) A copy of the order for the provisional detention of the ship shall be forthwith served on the consular officer for the country to which the ship belongs at or nearest to the said port;
(ii) Where a ship has been provisionally detained, the consular officer, on the request of the owner or master of the ship, may require that the person appointed by the Board of Trade to survey the ship shall be accompanied by such person as the consular officer may select, and in that case, if the surveyor and that person 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 to a court of survey touching the report of the surveyor as is herein-before provided in the case of a British ship; and
(iii) Where the owner or master of the ship appeals to the court of survey, the consular officer, on his request, may appoint a competent person to be assessor in the case in lieu of the assessor who, if the ship were a British ship, would be appointed otherwise than by the Board of Trade.
Annotations:
Amendments:
F196
Deleted (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 85 and sch. 2 , commenced as per s. 86(2).
Modifications (not altering text):
C136
Application of section extended (4.10.1968) by Merchant Shipping (Load Lines) Act 1968 (17/1968), s. 14(5)(b), 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 , 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.
C137
Application of section extended (4.10.1968) by Merchant Shipping (Load Lines) Act 1968 (17/1968), s. 18(4)(b), 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.
...
C138
Application of section modified (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 2, commenced as per s. 86(2).
Detention of foreign ships when unsafe owing to defective equipment, &c.
2. Section four hundred and sixty-two of the principal Act (which relates to the detention of foreign ships)—
(1) shall apply in the case of a ship which is unsafe by reason of the defective condition of her hull, equipments, or machinery, and accordingly that section shall be construed as if the words “by reason of the “defective condition of her hull, equipments, or “machinery, or” were inserted before the words “by reason of overloading or improper loading”; and
(2) shall apply with respect to any foreign ships being at any port in the United Kingdom, whether those ships take on board any cargo at that port or not.
C139
Application of section modified (6.08.1897) by Merchant Shipping Act 1897 (60 & 61 Vict.) c. 59, s. 1(2), commenced on enactment.
Extension of powers of detention for unsafety to undermanning
1.— ...
(2) Section four hundred and sixty-two of the Merchant Shipping Act, 1894 (which relates to foreign ships), shall also 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 words “improper loading.”