Merchant Shipping Act 1894
Enforcing detention of ship.
692.—(1) Where under this Act a ship is to be or may be detained, any commissioned officer on full pay in the naval or military service of Her Majesty, or any officer of the Board of Trade, or any officer of customs, or any British consular officer may detain the ship, and if the ship after detention or after service on the master of any notice of or order for detention proceeds to sea before it is released by competent authority, the master of the ship, and also the owner, and any person who sends the ship to sea, if that owner or person is party or privy to the offence, shall be liable for each offence to a fine not exceeding one hundred pounds.
(2) Where a ship so proceeding to sea takes to sea when on board thereof in the execution of his duty any officer authorised to detain the ship, or any surveyor or officer of the Board o Trade or any officer of customs, the owner and master of the. ship shall each be liable to pay all expenses of and incidental to the officer or surveyor being so taken to sea, and also to a fine not exceeding one hundred pounds, or, if the offence is not prosecuted in a summary manner, not exceeding ten pounds for every day until the officer or surveyor returns, or until such time as would enable him after leaving the ship to return to the port from which he is taken, and the expenses ordered to be paid may be recovered in like manner as the fine.
(3) Where under this Act a ship is to be detained, an officer of customs shall, and where under this Act a ship may be detained an officer of customs may, refuse to clear that ship outwards or to grant a transiré to that ship.
(4) Where any provision of this Act provides that a ship may be detained until any document is produced to the proper officer of customs, the proper officer shall mean, unless the context otherwise requires, the officer able to grant a clearance or transiré to such ship.
Annotations:
Modifications (not altering text):
C169
Application of section extended (30.12.1998) by Merchant Shipping (Safe Manning, Hours of Work and Watchkeeping) Regulations 1998 (S.I. No. 551 of 1998), reg. 14(1).
Power to detain.
14.— ...
(2) Section 692 of the Merchant Shipping Act, 1894 (which relates to the detention of a ship) shall apply to a ship detained under this Regulation, subject to the modification that for words "this Act" where ever they appear there shall be subsituted "the Merchant Shipping Acts, 1894 to 1997 or any Regulations made thereunder".
...
C170
Application of section extended (19.10.1984) by Merchant Shipping (Certification and Watchkeeping) Regulations 1984 (S.I. No. 187 of 1984), reg. 12(3), in effect as per reg. 1.
Power to detain
12.— ...
(3) Section 692 of the Merchant Shipping Act, 1894 (which relates to the detention of a ship) shall have effect in relation to a ship detained under this Regulation, subject to the modification that for the words "this Act" wherever they appear there shall be substituted "the Merchant Shipping Acts, 1894 to 1983 or any Regulations made thereunder".
C171
Subss. (1), (2) construed (25.01.1983) by Merchant Shipping Act 1981 (33/1981), s. 8(1), S.I. No. 15 of 1983. A fine of £500 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. 3, S.I. No. 662 of 2010. A fine of £100 translates into a Class E fine, not exceeding €500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 8, table ref. no. 3, S.I. No. 662 of 2010.
Amendment of section 692 of Principal Act.
8.—(1) In addition to the officers authorised by the section to detain a ship, any member of the Garda Síochána, is hereby authorised to detain a ship under the section and the reference in subsection (2) of the section to any officer authorised to detain the ship shall be construed as including a reference to a member of the Garda Síochána, and in addition to the foregoing, the section shall be construed and have effect as if—
(a) in subsection (1) for “one hundred pounds” there were substituted “five hundred pounds”, and
(b) in subsection (2) for “one hundred pounds” and “ten pounds” there were substituted “five hundred pounds” and “one hundred pounds”, respectively.
...
C172
Application of section extended (16.12.1911) by Merchant Shipping (Stevedores and Trimmers) Act 1911 (1 & 2 Geo. 5) c. 41, s. 1(5), commenced on enactment.
Power to arrest ship on claim for work done in stowing cargo, &c.57 & 58 Vict. c. 60.
1.— ...
(5) Section six hundred and ninety-two of the Merchant Shipping Act, 1894, shall apply to the detention of a ship under this Act as it applies to the detention of a ship under that Act.
...
C173
Application of section extended (1.01.1906) by Shipowners' Negligence (Remedies) Act 1905 (5 Edw. 7) c. 10, s. 1(3), commenced as per s. 2.
Enlargement of remedy by action for injuries caused by negligence of a shipowner.57 & 58 Vict. c. 60.60 & 61 Vict. c. 37.
1.— ...
(3) Section six hundred and ninety-two of the Merchant Shipping Act, 1894, shall apply to the detention of a ship under this Act as it applies to the detention of a ship under that Act, and the expressions “port” and “harbour” have the same meaning as in that Act, and, if the owner of a ship is a corporation, it shall, for the purposes of this Act, be deemed to reside in the United Kingdom if it has an office in the United Kingdom at which service of writs can be effected.
...
Editorial Notes:
E393
A fine of £100 translates into a Class A fine, not exceeding €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 4, table ref. no. 8, S.I. No. 662 of 2010.
E394
A fine of £10 translates into a Class D fine, not exceeding €1,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 7, table ref. no. 8, S.I. No. 662 of 2010.
E395
Previous affecting provision: application of section extended (19.10.1984) by Merchant Shipping (Medical Examinations) Regulations 1984 (S.I. No. 193 of 1984), reg. 11(4), in effect as per reg. 1; revoked (12.12.2005) by Merchant Shipping (Medical Examinations) Regulations 2005 (S.I. No. 701 of 2005), reg. 12, in effect as per reg. 1(2).
E396
Previous affecting provision: application of section extended (23.12.1920) by Air Navigation Act 1920 (10 & 11 Geo. 5) c. 80, s. 14(3), commenced on enactment; repealed (14.08.1936) by Air Navigation and Transport Act 1936(40/1936), s. 8, commenced on enactment.
E397
Previous affecting provision: application of section extended (21.12.1906) by Workmen's Compensation Act 1906 (6 Edw. 7) c. 58, s. 11(3), commenced on enactment; repealed (1.08.1936) by Workmen's Compensation Act 1934 (9/1934), s. 13 and sch. 1, S.I. No. 153 of 1934.