Merchant Shipping Act 1894

Appointment of surveyors.

724

724.(1) The Board of Trade may, at such ports as they think fit, appoint either generally or for special purposes, and on special occasion, any person they think fit to be a surveyor of ships for the purposes of this Act, and a person so appointed (in this Act referred to as a surveyor of ships) may be appointed either as a shipwright surveyor or as an engineer surveyor or as both.

(2) The Board of Trade may also appoint a surveyor-general of ships for the United Kingdom.

(3) The Board of Trade may remove any surveyors of ships and fix and alter their remuneration, and may make regulations as to the performance of their duties, and in particular as to the manner in which surveys of F348[ships] are to be made, as to the notice to be given by them when surveys are required, and as to the amount and payment of any travelling or other expenses incurred by them in the execution of their duties, and may by such regulations determine the persons by whom and the conditions under which the payment of those expenses is to be made.

(4) If a surveyor of ships demands or receives directly or indirectly any fee, remuneration, or gratuity whatever in respect of any duties performed by him under this Act otherwise than by the direction of the Board of Trade, he shall for each offence be liable to a fine not exceeding fifty pounds.

(5) The duties of a surveyor of ships shall be performed under the direction of the Board of Trade, and in accordance with the regulations made by that Board.

Annotations:

Amendments:

F348

Substituted (19.11.1953) by Merchant Shipping (Safety Convention) Act 1952 (29/1952), s. 47(1), S.I. No. 338 of 1953.

Modifications (not altering text):

C175

Application of section modified (19.11.1953) by Merchant Shipping (Safety Convention) Act 1952 (29/1952), s. 16, S.I. No. 338 of 1953.

Radio surveyors

16. —(1) A person appointed to be a surveyor of ships under section 724 of the Principal Act may be appointed as a radio surveyor.

(2) The functions of the Minister under the said section 724 with respect to surveyors of ships shall not be exercised with respect to radio surveyors except with the approval of the Minister for Posts and Telegraphs.

(3) Wireless telegraphy surveyors appointed under section 724 of the Principal Act as amended by section 8 of the Act of 1933 shall be radio surveyors.

C176

References construed, application of section extended (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 75(4), commenced as per s. 86(2).

Substitution of ship surveyor for shipwright surveyor.

75.—(1) Any person appointed to be a surveyor of ships under section seven hundred and twenty-four of the principal Act may be appointed either as a ship surveyor or as an engineer surveyor. or as both, and any reference in that section or in any other section of the principal Act to a shipwright surveyor shall be construed as a reference to a ship surveyor.

(2) Any surveyor of ships who before the passing of this Act has been appointed as a shipwright surveyor, or both as a shipwright surveyor and an engineer surveyor, shall be deemed to have been appointed as a ship surveyor, or both as a ship surveyor and an engineer surveyor, as the case may be.

(3) The surveys required to be made under section two hundred and seventy-two of the principal Act by a ship surveyor and by an engineer surveyor may be made by the same person if that person has been appointed both as a ship surveyor and as an engineer surveyor, and that section shall be construed accordingly.

(4) The Board of Trade may, under subsection (2) of section seven hundred and twenty-four of the principal Act, in addition to appointing a surveyor-general of ships, appoint such other principal officers in connection with the survey of ships and other matters incidental thereto, as the Board think fit.

Editorial Notes:

E402

A fine of £50 translates into a Class B fine, not exceeding €4,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 5, table ref. no. 8, S.I. No. 662 of 2010.

E403

Fees prescribed for the purposes of an inspection of crew accommodation by a surveyor of ships (15.12.2000) by Merchant Shipping (Fees) Order 2010 (S.I. No. 594 of 2010), art. 4(1), (2), in effect as per s. 1(2).

E404

Previous affecting provision: person appointed to be a surveyor of ships under section also enabled to be appointed as a wireless telegraphy surveyor subject to ministerial approval (1.01.1934) by Merchant Shipping (Safety and Load Line Conventions) Act 1933 (42/1933), s. 8, S.I. No. 174 of 1933; section repealed (4.10.1968) by Merchant Shipping (Load Lines) Act 1968 (17/1968), s. 31(1) and sch., S.I. No. 206 of 1968.