Merchant Shipping Act 1988 (c. 12)

(The document as of February, 2008)

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(a) for subsection (1)(a) substitute--

" (a) after a discharge or escape of oil from a ship, measures arereasonably taken for the purpose of preventing or minimisingdamage in the area of the United Kingdom which may be causedoutside the ship by contamination resulting from the dischargeor escape; and " ; and

(b) after subsection (1) insert--

" (1A) Where--

(a) after there has arisen a grave and imminent threat of damage being caused outside a ship by contamination resulting from a discharge or escape of oil from the ship, measures are reasonably taken for the purpose of preventing or minimising any such damage in the area of the United Kingdom, but

(b) section 1(2) of this Act does not apply,

the owner of the ship shall be liable for the cost of the measures, whether or not the person taking them does so for the protection of his interests or in the performance of a duty.

(1B) Where a person is, by virtue of subsection (1) or (1A) of this section, liable for the cost of any measures, he shall also be liable for any damage caused in the area of the United Kingdom by those measures. "

13 In section 19(1) (meaning of "the Convention" etc.), for the definition of "the Convention" substitute--

" "the Convention" means the International Convention on Civil Liability for Oil Pollution Damage 1984; " .

14 For section 20 substitute--

" 20 General interpretation

(1) In this Act--

• "the court" means the High Court in England and Wales,the Court of Session, or the High Court in NorthernIreland;

• "damage" includes loss;

• "oil" means persistent hydrocarbon mineral oil;

• "owner" means the person or persons registered as the owner of the ship or, in the absence of registration, the person or persons owning the ship, except that, in relation to a ship owned by a State which is operated by a person registered as the ship's operator, it means the person registered as its operator;

• "relevant threat of contamination" shall be construed in accordance with section 1(2) of this Act;

• "ship" means any sea-going vessel or sea-borne craft of any type whatsoever.

(2) In relation to any damage or cost resulting from the discharge or escape of any oil from a ship, or from a relevant threat of contamination, references in this Act to the owner of the ship are references to the owner at the time of the occurrence or first of the occurrences resulting in the discharge or escape or (as the case may be) in the threat of contamination.

(3) References in this Act to the area of any country include the territorial sea of that country and--

(a) in the case of the United Kingdom, any area within the British fishery limits set by or under the [1976 c. 86.] Fishery Limits Act 1976; and

(b) in the case of any other Convention country, the exclusive economic zone of that country established in accordance with international law, or, if such a zone has not been established, such area adjacent to the territorial sea of that country and extending not more than 200 nautical miles from the baselines from which the breadth of that sea is measured as may have been determined by the Convention State in question in accordance with international law. "

Part II Amendments of the Merchant Shipping Act 1974

15 For section 1 substitute--

" 1 Interpretation of Part I

(1) In this Part of this Act--

(a) "the Liability Convention" means the International Convention on Civil Liability for Oil Pollution Damage 1984;

(b) "the Fund Convention" means the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1984;

(c) "the Fund" means the International Fund established by the Fund Convention; and

(d) "Fund Convention country" means a country in respect of which the Fund Convention is in force.

(2) If Her Majesty by Order in Council declares that any State specified in the Order is a party to the Fund Convention in respect of any country so specified, the Order shall, while in force, be conclusive evidence that that State is a party to the Convention in respect of that country.

(3) In this Part of this Act, unless the context otherwise requires--

• "the [1971 c. 59.] Act of 1971" means the Merchant Shipping (Oil Pollution) Act 1971;

• "damage" includes loss;

• "discharge or escape", in relation to pollution damage, means the discharge or escape of oil from the ship;

• "guarantor" means any person providing insurance or other financial security to cover the owner's liability of the kind described in section 10 of the Act of 1971;

• "incident" means any occurrence, or series of occurrences having the same origin, resulting in a discharge or escape of oil from a ship or in a relevant threat of contamination;

• "oil", except in sections 2 and 3, means persistent hydrocarbon mineral oil;

• "owner" means the person or persons registered as the owner of the ship or, in the absence of registration, the person or persons owning the ship, except that, in relation to a ship owned by a State which is operated by a person registered as the ship's operator, it means the person registered as its operator;

• "pollution damage" means (subject to subsection (4) below)--

(a) damage caused outside a ship by contamination resulting from a discharge or escape of oil from the ship,

(b) the cost of preventive measures, and

(c) further damage caused by preventivemeasures;

• "preventive measures" means any reasonable measures taken by any person to prevent or minimise pollution damage, being measures taken--

(a) after an incident has occurred, or

(b) in the case of an incident consisting of a series of occurrences, after the first of those occurrences;

• "relevant threat of contamination" means a grave and imminent threat of damage being caused outside a ship by contamination resulting from a discharge or escape of oil from the ship;

• "ship" means any ship (within the meaning of the Act of 1971) to which section 1 of that Act applies.

(4) In this Part of this Act "pollution damage" does not include any damage attributable to any impairment of the environment except to the extent that any such damage consists of--

(a) any loss of profits, or

(b) the cost of any reasonable measures of reinstatement actually taken or to be taken.

(5) For the purposes of this Part of this Act--

(a) references to a discharge or escape of oil from a ship are references to such a discharge or escape wherever it may occur, and whether it is of oil carried in a cargo tank or of oil carried in a bunker fuel tank; and

(b) where more than one discharge or escape results from the same occurrence or from a series of occurrences having the same origin, they shall be treated as one.

(6) References in this Part of this Act to the area of any country include (in addition to its territorial sea)--

(a) in the case of the United Kingdom, any area within the British fishery limits set by or under the [1976 c. 86.] Fishery Limits Act 1976; and

(b) in the case of any other Fund Convention country, the exclusive economic zone of that country established in accordance with international law, or, if such a zone has not been established, such area adjacent to the territorial sea of that country and extending not more than 200 nautical miles from the baselines from which the breadth of that sea is measured as may have been determined by the State in question in accordance with international law;

and references to pollution damage in the United Kingdom shall be construed accordingly. "

16 In section 2 (contributions by importers of oil and others), in subsection (7), for paragraph (a) substitute--

" (a) be of such amount as may be determined by the Director of the Fundunder Article 12 of the Fund Convention and notified to that personby the Fund; " .

17 (1) Section 4 (liability of the Fund) shall be amended as follows.

(2) In subsection (1)--

(a) for "causing the damage" substitute ", or the relevant threat of contamination, by reason of which the damage was caused"; and

(b) for "left undone" substitute "omitted to be done".

(3) For subsections (8) and (9) substitute--

" (8) If the Fund proves that the pollution damage resulted wholly or partly--

(a) from anything done or omitted to be done with intent to cause damage by the person who suffered the damage, or

(b) from the negligence of that person,

the Fund may (subject to subsection (9A) below) be exonerated wholly or partly from its obligation to pay compensation to that person.

(9) Where the liability under section 1 of the Act of 1971 in respect of the pollution damage is limited to any extent by subsection (8) of that section (contributory negligence), the Fund shall (subject to subsection (9A) below) be exonerated to the same extent.

(9A) Subsections (8) and (9) above shall not apply where the pollution damage consists of the cost of preventive measures or any damage caused by such measures. "

(4) Omit subsections (10) to (13).

(5) After section 4 insert--

" 4A Limitation of Fund's liability under s. 4

(1) The Fund's liability under section 4 of this Act shall be subject to the limits imposed by paragraphs 4 and 5 of Article 4 of the Fund Convention (which impose an overall limit on the liabilities of the Fund and the text of which is set out in Schedule 1 to this Act); and in those provisions references to the 1984 Liability Convention are references to the Liability Convention within the meaning of this Part of this Act.

(2) A certificate given by the Director of the Fund stating that sub-paragraph (c) of paragraph 4 of Article 4 of the Fund Convention is applicable to any claim under section 4 of this Act shall be conclusive evidence for the purposes of this Part of this Act that it is so applicable.

(3) For the purpose of giving effect to paragraphs 4 and 5 of Article 4 of the Fund Convention a court giving judgment against the Fund in proceedings under section 4 of this Act shall notify the Fund, and--

(a) no steps shall be taken to enforce the judgment unless and until the court gives leave to enforce it,

(b) that leave shall not be given unless and until the Fund notifies the court either that the amount of the claim is not to be reduced under those paragraphs, or that it is to be reduced to a specified amount, and

(c) in the latter case the judgment shall be enforceable only for the reduced amount.

(4) Any steps taken to obtain payment of an amount or areduced amount in pursuance of such a judgment as is mentioned in subsection (3) above shall be steps to obtain payment in sterling; and--

(a) for the purpose of converting such an amount from special drawing rights into sterling one special drawing right shall be treated as equal to such a sum in sterling as the International Monetary Fund have fixed as being the equivalent of one special drawing right for--

(i) the relevant day, namely the day on which the Assembly of the Fund decide the date for the first payment of compensation in respect of the incident, or

(ii) if no sum has been so fixed for the relevant day, the last day before that day for which a sum has been so fixed; and

(b) a certificate given by or on behalf of the Treasury stating--

(i) that a particular sum in sterling has been so fixed for the relevant day, or

(ii) that no sum has been so fixed for the relevant day and that a particular sum in sterling has been so fixed for a day which is the last day for which a sum has been so fixed before the relevant day,

shall be conclusive evidence of those matters for the purposes of this Part of this Act.

(5) The Secretary of State may by order made by statutory instrument make such amendments of this section and of Schedule 1 to this Act as appear to him to be appropriate for the purpose of giving effect to the entry into force of any amendment of the provisions set out in that Schedule.

(6) Any document purporting to be such a certificate as is mentioned in subsection (2) or (4)(b) above shall, in any legal proceedings, be received in evidence and, unless the contrary is proved, be deemed to be such a certificate. "

18 Omit section 5 (indemnification of shipowners).

19 In section 6 (jurisdiction and effect of judgments)--

(a) in subsection (4), omit "or 5"; and

(b) in subsection (5)(a), omit "as amended".

20 In section 7 (extinguishment of claims)--

(a) in subsection (2), after "escape" insert ", or (as the case may be) in therelevant threat of contamination,"; and

(b) omit subsection (3).

21 In section 8 (subrogation and rights of recourse)--

(a) omit subsection (2); and

(b) for subsection (3) substitute--

" (3) In respect of any sum paid under section 4(1)(a) or (c) of this Act (exclusion or limitation of liability for pollution damage) the Fund shall acquire by subrogation any rights of recourse in respect of the damage in question which the recipient has against any person other than the owner or guarantor. "

22 After section 8 insert--

" 8A Supplementary provisions as to proceedings involving the Fund

(1) Any proceedings by or against the Fund may either be instituted by or against the Fund in its own name or be instituted by or against the Director of the Fund as the Fund's representative.

(2) Evidence of any instrument issued by any organ of the Fund or of any document in the custody of the Fund, or any entry in or extract from such a document, may be given in any legal proceedings by production of a copy certified as a true copy by an official of the Fund; and any document purporting to be such a copy shall, in any such proceedings, be received in evidence without proof of the official position or handwriting of the person signing the certificate. "

23 In section 23(2) (construction etc.), omit the words from ", and references" onwards.

24 For Schedule 1 substitute--

" Schedule 1 Overall Limit on Liability of Fund

Article 4 -- paragraphs 4 and 5

4 (a) Except as otherwise provided in sub-paragraphs (b) and (c) of this paragraph, the aggregate amount of compensation payable by the Fund under this Article shall in respect of any one incident be limited, so that the total sum of that amount and the amount of compensation actually paid under the 1984 Liability Convention for pollution damage within the scope of application of this Convention as defined in Article 3 shall not exceed 135 million units of account.

(b) Except as otherwise provided in sub-paragraph (c), the aggregate amount of compensation payable by the Fund under this Article for pollution damage resulting from a natural phenomenon of an exceptional, inevitable and irresistible character shall not exceed 135 million units of account.

(c) The maximum amount of compensation referred to in sub-paragraphs (a) and (b) shall be 200 million units of account with respect to any incident occurring during any period when there are three Parties to this Convention in respect of which the combined relevant quantity of contributing oil received by persons in the territories of such Parties, during the preceding calendar year, equalled or exceeded 600 million tons.

(d) Interest accrued on a fund constituted in accordance with Article V, paragraph 3, of the 1984 Liability Convention, if any, shall not be taken into account for the computation of the maximum compensation payable by the Fund under this Article.

(e) The amounts mentioned in this Article shall be converted into national currency on the basis of the value of that currency by reference to the Special Drawing Right on the date of the decision of the Assembly of the Fund as to the first date of payment of compensation.

5 Where the amount of established claims against the Fund exceeds the aggregate amount of compensation payable under paragraph 4, the amount available shall be distributed in such a manner that the proportion between any established claim and the amount of compensation actually recovered by the claimant under this Convention shall be the same for all claimants. "

Section 48.

SCHEDULE 5 Miscellaneous Amendments of Merchant Shipping Acts

Merchant Shipping Law Amendment Act 1853 (c. 131)

Omit section 13 (power to commute pensions and grant superannuation allowances).

Merchant Shipping Act 1894 (c. 60)

1 Omit section 463 (survey of ship alleged to be unseaworthy in proceedings for desertion of seaman).

2 In section 531 (power of lighthouse authority to remove wreck), for subsection (2) substitute--

" (2) Where a general lighthouse authority have incurred expenses in the exercise of their powers under this section in relation to any vessel, then--

(a) if the proceeds of any sale made under section 530 of this Act in connection with the exercise of those powers in relation to the vessel are insufficient to reimburse the authority for the full amount of those expenses, the authority may recover the amount of the deficiency from the relevant person, or

(b) if there is no such sale, the authority may recover the full amount of those expenses from the relevant person.

(3) Any expenses so incurred which are not recovered by the authority either out of the proceeds of any such sale or in accordance with subsection (2) of this section shall be paid out of the General Lighthouse Fund, but section 660 of this Act shall apply to those expenses as if they were expenses of the authority falling within subsection (1) of that section other than establishment expenses.

(4) In this section "the relevant person", in relation to any vessel, means the owner of the vessel at the time of the sinking, stranding or abandonment of the vessel. "

3 At the end of section 546 (salvage of cargo or wreck) add--

" (2) In this section "tidal water" means--

(a) any waters within the ebb and flow of the tide at ordinary spring tides; or

(b) the waters of any dock which is directly, or (by means of one or more other docks) indirectly, connected with any such waters. " ;

and the existing provisions of section 546 shall accordingly constitute subsection (1) of that section.

4 In section 634(1)(a) (management of lighthouses etc.), omit "and at Gibraltar".

5 In section 648 (application and collection of light dues)--

(a) omit subsection (1); and

(b) in subsection (2), after "so appointed" insert "or (as the case may be) such of those dues as he is so appointed to collect".

6 In section 652(4) (inspection of local lighthouses), omit the words from"; and those reports" onwards.

7 For section 658 substitute--

" 658 Expenses of general lighthouse authorities to be paid out of General Lighthouse Fund

Any expenses incurred by the general lighthouse authorities in connection with the discharge of their functions under this Part of this Act shall be paid out of the General Lighthouse Fund. "

8 In section 659 (establishments of general lighthouse authorities)--

(a) in subsection (1), for "Her Majesty may by Order in Council fix" substitute "the Secretary of State may determine";

(b) in subsection (2), for "Her Majesty may by Order in Council fix" substitute "the Secretary of State may determine"; and

(c) in subsection (3), for "fixed" substitute "determined".

9 In section 676 (sums payable to Mercantile Marine Fund)--

(a) in subsection (1)--

(i) for the words from the beginning to "that fund--" substitute "The following sums (being sums which, in accordance with this subsection as originally enacted, were required to be paid to the former Mercantile Marine Fund) shall be paid into the Consolidated Fund--",

(ii) omit paragraph (i), and

(iii) for paragraph (l) substitute--

" (l) any other sums which are by virtue of any enactment (as it has effect in accordance with subsection (1A) of this section) required to be paid into the Consolidated Fund in accordance with this section. " ; and

(b) after subsection (1) insert--

" (1A) References (however phrased) in any enactment not contained in this section to the payment of sums into, or to the carrying of sums to the account of, the Mercantile Marine Fund shall be construed as references to the payment of sums into, or to the carrying of sums to the account of, the Consolidated Fund in accordance with this section, and connected phrases shall be construed accordingly. "

10 In section 677 (application of Mercantile Marine Fund)--

(a) for the words from the beginning to "the following expenses" substitute "The following expenses and other amounts (being expenses and amounts which, in accordance with this section as originally enacted, were payable out of the former Mercantile Marine Fund) shall be payable out of money provided by Parliament";

(b) omit paragraph (i);

(c) for paragraph (o) substitute--

" (o) any other amounts which are by virtue of any enactment (as it has effect in accordance with subsection (2) of this section) payable out of money provided by Parliament in accordance with this section. " ; and

(d) at the end add--

" (2) References (however phrased) in any enactment not contained in this section or in Part XI of this Act to the charging of amounts on, or to the payment of amounts out of, the Mercantile Marine Fund shall be construed as references to the payment of amounts out of money provided by Parliament in accordance with this section, and connected phrases shall be construed accordingly. " ;

and accordingly the existing provisions of section 677, as amended by sub-paragraphs (a) to (c) above, shall constitute subsection (1) of that section.

11 In section 731 (exemption from rates)--

(a) for "Mercantile Marine Fund" substitute "General Lighthouse Fund"; and

(b) omit "or by the Board of Trade" and "or of the Board of Trade".

12 Omit section 744 (application of Act to vessels fishing for whales, etc.).

Merchant Shipping (Mercantile Marine Fund) Act 1898 (c. 44)

For section 1 substitute--

" 1 Constitution of General Lighthouse Fund

(1) There shall continue to be a fund called the General Lighthouse Fund.

(2) All light dues and other sums received by or accruing to any of the general lighthouse authorities by virtue of, or in connection with the discharge of their functions under, Part XI of the [1894 c. 60.] Merchant Shipping Act 1894 shall be accounted for and paid to the General Lighthouse Fund.

(3) The General Lighthouse Fund shall be applied to the payment of such expenses of the general lighthouse authorities and the Secretary of State as are, by virtue of any enactment, payable out of the Fund.

(4) References to the Mercantile Marine Fund in Part XI and section 679 of the Merchant Shipping Act 1894 shall be construed as references to the General Lighthouse Fund. "

Merchant Shipping Act 1906 (c. 48)

Omit section 52 (provisions with respect to mortgages of ships sold to foreigners).

Merchant Shipping Act 1970 (c. 36)

1 Omit section 23 (power of seamen to complain to master or proper officer about master, other seamen or conditions).

2 In section 30 (continued or concerted disobedience, neglect of duty etc. by seamen), omit paragraphs (a) and (b).

3 In section 42 (trade disputes involving seamen), omit subsection (2).

4 In section 56 (formal investigation into shipping casualty or incident), for subsections (5) and (6) substitute--

" (5) The wreck commissioner or sheriff may make such awards as he thinks just with regard to the costs of the investigation and of any parties at the investigation, and with regard to the parties by whom those costs are to be paid; and any such award of the wreck commissioner may, on the application of any party named in it, be made an order of the High Court.

(6) Any costs directed by an award to be paid shall be taxable--

(a) in the High Court, or

(b) where the investigation was held in Scotland, by the auditor of the sheriff court in which it was held and in accordance with the table of fees regulating the taxation of solicitors' accounts.

(6A) The wreck commissioner or sheriff shall make a report on the investigation to the Secretary of State. "

5 Omit sections 65 and 66 (custody and disposal of property of deceased seamen).

6 After section 75 insert--

" 75A Inspection and admissibility in evidence of copies of certain documents

(1) Where under any enactment a document is open to public inspection when in the custody of the Registrar General of Shipping and Seamen--

(a) there may be supplied for public inspection a copy or other reproduction of the document instead of theoriginal; but

(b) the original shall nevertheless be made available for public inspection if the copy or other reproduction is illegible.

(2) Where the Registrar General of Shipping and Seamen destroys any document which has been sent to him under or by virtue of any enactment, and keeps a copy or other reproduction of that document, then--

(a) any enactment providing for the document to beadmissible in evidence or open to public inspection, and

(b) in the case of a document falling within subsection (1), that subsection,

shall apply to the copy or other reproduction as if it were the original.

(3) For the purposes of this section, and of section 695(2) of the [1894 c. 60.] Merchant Shipping Act 1894 in its application to documents in the custody of the Registrar General of Shipping and Seamen, a copy is to be taken to be the copy of a document notwithstanding that it is taken from a copy or other reproduction of the original. "

7 Omit section 89 (return of deserters under reciprocal arrangements).

8 In section 92 (unregistered British ships)--

(a) omit "British"; and

(b) after "employed in them," insert "or shall so extend in such circumstances as may be so specified, in either case".

9 In section 96 (non-sea-going ships)--

(a) in subsection (1)--

(i) after "20," insert "27, 32 (in its application in relation to section 27),", and

(ii) after "60," insert "76,"; and

(b) for subsection (2) substitute--

" (2) In relation to ships which are not sea-going ships--

(a) section 32 of this Act shall (in its application in relation to section 27) have effect as if the words "goes to sea in a ship" were omitted and the words "is on board a ship while it is on a voyage or excursion" were inserted after "to give it"; and

(b) section 45 of this Act shall have effect as if for the words "goes to sea or attempts to go to sea" there were substituted the words "goes on a voyage or excursion or attempts to do so" and the words "if in the United Kingdom" were omitted. "

Merchant Shipping (Oil Pollution) Act 1971 (c. 59)

In section 10(6) (compulsory insurance against liability for pollution), for "£35,000" substitute "£50,000".

Merchant Shipping Act 1979 (c. 39)

1 In section 46(1) (offences by officers of bodies corporate), for the words from "such an" to "of this Act" substitute " an offence under--

(a) section 23(6) or 28(1) of this Act, or

(b) any Order in Council made by virtue of section 20(1) of this Act, or

(c) any regulations made by virtue of section 20(4) or 21(1) of this Act, " .

2 In section 49 (orders and regulations), as amended by section 11(3) of the [1986 c. 23.] Safety at Sea Act 1986--

(a) in subsection (4A), at the beginning insert "Except where subsection (4B) of this section applies,"; and

(b) after that subsection insert--

" (4B) Regulations falling within paragraphs (a) to (c) of subsection (4A) of this section, if contained in the same instrument as any regulations requiring to be approved in draft by virtue of that subsection, shall also require to be so approved. "

Merchant Shipping Act 1983 (c. 13)

Omit sections 1 to 3 (measurement of small ships for length instead of tonnage).

Merchant Shipping Act 1984 (c. 5)

In section 2 (prohibition notices)--

(a) in subsection (1) (notices in respect of activities which are, or are about to be, carried on and involve a risk of serious personal injury or pollution), for "about", in both places where it occurs, substitute "likely"; and

(b) for subsection (4) (notices to have immediate effect only if the risk isimminent) substitute--

" (4) A direction contained in a prohibition notice in pursuance of subsection (3)(d) shall take effect--

(a) at the end of a period specified in the notice, or

(b) if the direction is given in pursuance of subsection (3)(d)(ii) or the notice so declares, immediately. "

Section 57(4).

SCHEDULE 6 Minor and Consequential Amendments

Sea Fisheries Act 1868 (c. 45)

For section 26 substitute--

" 26 Registered fishing boats and foreign fishing boats within British waters to have official papers

(1) The master of every sea-fishing boat which is registered under Part II of the Merchant Shipping Act 1988 shall (whether his boat is within British waters or not) have on board the certificate of registration issued in pursuance of that Part of that Act.

(2) The master of every foreign sea-fishing boat within British waters shall have on board official papers evidencing its nationality.

(3) If any person, without reasonable excuse (the proof of which lies on him), contravenes subsection (1) or (2) of this section, he shall be liable on summary conviction to a fine not exceeding the second level on the standard scale; and where a fine is imposed under this subsection on the master of a foreign sea-fishing boat the court may order the boat to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid (whichever period is the shorter).

(4) Section 8(4) of the [1968 c. 77.] Sea Fisheries Act 1968 (power of British sea-fishery officer to take fishing boat to nearest port and detain it there) shall apply in relation to a contravention of subsection (1) or (2) of this section as it applies in relation to such a contravention as is mentioned in that provision.

(5) In this section--

• "British waters" means waters within the seaward limits of the territorial sea adjacent to the United Kingdom, the Channel Islands and the Isle of Man;

• "foreign sea-fishing boat" means a sea-fishing boat which--

(a) is not registered in the United Kingdom, the Channel Islands or the Isle of Man, and

(b) is not excluded from registration by regulations under section 13 of the Merchant Shipping Act 1988, and

(c) is not wholly owned by persons qualified to be owners of British ships for the purposes of Part I of the [1894 c. 60.] Merchant Shipping Act 1894;

• "master" includes, in relation to any sea-fishing boat, a person for the time being in command or charge of the boat. "

Merchant Shipping Act 1894 (c. 60)

1 In section 459 (power to detain unsafe ships, and procedure for detention)--

(a) in subsection (1), for the words from "the defective condition" to "improper loading" substitute "any of the matters mentioned in subsection (1A) of this section";

(b) after that subsection insert--

" (1A) The matters referred to in subsection (1) of this section are--

(a) the condition, or the unsuitability for its purpose, of--

(i) the ship or its machinery or equipment, or

(ii) any part of the ship or its machinery or equipment;

(b) undermanning;

(c) overloading or unsafe or improper loading;

(d) any other matter relevant to the safety of the ship;

and the reference in that subsection to proceeding to sea shall, in a case where the service for which the ship is intended consists of going on voyages or excursions that do not involve going to sea, be construed as a reference to going on such a voyage or excursion. " ; and

(c) in subsection (5), for "British register being subsequently closed" substitute "subsequently ceasing to be a British ship".

2 In section 462 (application to foreign ships of provisions as to detention), for the words from "by reason of" (where first occurring) to "the provisions" substitute "by reason of any of the matters mentioned in section 459(1A) of this Act, the provisions".

3 In section 692 (enforcing detention of ship), at the end add--

" (5) Any reference in this section to proceeding to sea includes a reference to going on a voyage or excursion that does not involve going to sea, and references to sending or taking to sea shall be construed accordingly. "

Merchant Shipping Act 1906 (c. 48)

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