Merchant Shipping Act 1894

Statement of change of crew in case of running agreements.

406

406.(1) Where a fishing boat’s running agreement has been made, the skipper shall, before finally leaving any port for sea during the continuance of the agreement, sign and send to the nearest superintendent an accurate statement, in a form approved by the Board of Trade, of every change which has taken place in his crew, and that statement shall be admissible in evidence in manner provided by this Act.

(2) If a skipper fails without reasonable cause to comply with this section, he shall for each offence be liable to a fine not exceeding five pounds.

(3) The Board of Trade may in any case they think fit, and subject to such conditions and requirements as in their opinion may be necessary, exempt skippers of boats from this section.

Annotations:

Modifications (not altering text):

C111

Application of section restricted (1.09.2020) by European Union (International Labour Organisation Work in Fishing Convention) (Crew List and Fisherman’s Work Agreement) Regulations 2020 (S.I. No. 333 of 2020), reg. 16(3).

Act of 1894

16.— ...

(3) The duty of an owner to send a report under section 405 of the Act of 1894 and the duty of a skipper to send a statement of every change which has taken place in his crew under section 406 of that Act shall not apply in respect of an owner or master to whom Regulation 5 applies.

Editorial Notes:

E203

A fine of £5 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.