Merchant Shipping Act 1894

Partial application of Part II. to fishing boats.

263

263.(1) This Part of this Act (except the provisions thereof relating to the transmission and delivery of lists of crews, volunteering into the Navy, and the property of deceased seamen) shall not, subject as herein-after provided F123[] by the Fourth Part of this Act, apply to fishing boats exclusively employed in fishing on the coasts of the United Kingdom, or to the owners, skippers, and crews thereof.

(2) The provisions of this Part of this Act relating to—

(a) apprenticeships to the sea service;

(b) compulsory agreements with the crew;

(c) the alteration, falsification, or posting up of copies of agreements with the crew;

(d) compensation to seamen improperly discharged;

(e) the delivery of an account of wages;

(f) the granting of certificates of discharge and the return of certificates of competency by the master;

(g) the decision of questions by the superintendent when referred to him;

(h) the production of the ship’s papers by the master to the superintendent in proceedings under this Act before him; or

(i) the sections constituting the offences of desertion, absence without leave, and offences against discipline;

shall not, F123[], apply to any fishing boats whether or not exclusively employed in fishing on the coasts of the United Kingdom, or to the owners, skippers, and crews thereof.

(3) F123[]

Annotations:

Amendments:

F123

Deleted (1.10.1920) by Merchant Shipping (Scottish Fishing Boats) Act 1920 (10 & 11 Geo. 5) c. 39, s. 1(3) and sch., commenced as per s. 2(2). 

Modifications (not altering text):

C44

Application of Part extended for purposes of ss. 260-266 (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 49(3), commenced as per s. 86(2). "This Part" referred to below is Part IV (ss. 28-49), Provisions as to Relief and Repatriation of Distressed Seamen, and Seamen left behind Abroad. Note effect of Merchant Shipping Act, 1906, Adaptation Order 1942 (S.R.& O. No. 484 of 1942).

Definitions of "proper authority" and "seamen"

49. ...

(3) The provisions of this Part of this Act shall, for the purpose of sections two hundred and sixty to two hundred and sixty-six of the Principal Act (which relate to the application of Part II of that Act), be construed as if they were contained in Part II of that Act.