Merchant Shipping Act 1894

Application of Part IV.

369

369. (1) This Part of this Act relates partly—

(a) to all fishing boats and to the whole fishing service; and partly

(b) to all fishing boats of twenty-five tons tonnage and upwards; and partly

(c) to fishing boats being trawlers of twenty-five tons tonnage and upwards, and where so expressly provided, to fishing boats being trawlers of whatever tonnage.

(2) The Board of Trade may, by order published in the London Gazette,—

(a) exempt from the date in the order mentioned, any class of such trawler or trawlers belonging to any port from the whole or any portion of this Part of this Act, and

(b) extend all or any of the provisions of this Part of this Act to any fishing boats referred to in the order,

and may revoke or alter any such order by an order published in like manner, but such order shall not extend to any of the provisions relating to the fishing boat register, or to the boats and life-buoys to be carried on fishing boats.

(3) The Board of Trade may, before making any order under this section, institute such inquiry, as in their opinion may be required for enabling them to make the order, by such person as the Board may appoint, and the person so appointed shall for the purpose of the inquiry have all the powers of a Board of Trade inspector under this Act.

(4) The provisions of this Act with respect to fishing boats being trawlers shall, save as otherwise expressly provided, apply to vessels employed as tenders or carriers to fishing boats or for the purpose of collecting and conveying to the land the catch of fishing boats.

Annotations:

Modifications (not altering text):

C108

Reference to the London Gazette construed (23.12.1927) by Merchant Shipping Act, 1894, Adaptation (No. 2) Order 1927 (S.R. & O. No. 106 of 1927), art. 3.

3. The references to the London Gazette contained in the Merchant Shipping Act, 1894 (other than the reference thereto contained in subsection (2) of section 738 and the reference thereto contained in section 740 of the said Act) shall be construed as references to the Iris Oifigiúil and the said Act shall have effect accordingly.

Editorial Notes:

E185

Power pursuant to section exercised (7.07.1960) by Merchant Shipping Act, 1894 (Exemption of Certain Trawlers From Section 413 (1)) Order 1960 (S.I. No. 124 of 1960), in effect as per art. 3.