Merchant Shipping Act 1988 (c. 12)
(The document as of February, 2008)
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Merchant Shipping Act 1906 (c. 48)
Omit section 51 (power of Commissioners of Customs and Excise to inquire into the title of a registered ship to be registered).
Merchant Shipping (Amendment) Act 1920 (c. 2)
In section 1 (amendment of s.659 of the 1894 Act)--
(a) for the words from "His Majesty" to "fix" substitute "the Secretary of State under section 659 of the [1894 c. 60.] Merchant Shipping Act 1894 to determine"; and
(b) for "fixing" and "fixed" substitute "determining" and "determined" respectively.
Contracts of Employment and Redundancy Payments Act (Northern Ireland ) 1965 (c. 19)
In section 6(1)(c) (excluded categories of employees), for the words from "required" to "Act" substitute "registered under Part II of the Merchant Shipping Act 1988".
Merchant Shipping Act 1965 (c. 47)
In section 1(4) (tonnage regulations), for the words from "section 83" to "the Exchequer" substitute "sections 83 and 676 of the principal Act as require the payment of fees into the Consolidated Fund".
Sea Fish (Conservation) Act 1967 (c. 84)
In section 1(9) (size limits, etc. for fish), for the words from "exempted" to "that Act)" substitute "excluded from registration by regulations under section 13 of the Merchant Shipping Act 1988 or owned wholly by a person who is (within the meaning of Part I of the Merchant Shipping Act 1894)".
Sea Fisheries Act 1968 (c. 77)
In section 19(1) (interpretation), in the definition of "British fishing boat", for the words from "exempted from" to "1894" (where first occurring) substitute "excluded from registration by regulations under section 13 of the Merchant Shipping Act 1988", and for "so exempted" substitute "so excluded".
Fishing Vessels (Safety Provisions) Act 1970 (c. 27)
In section 9(1) (interpretation), for the definition of "fishing vessel" substitute--
" "fishing vessel" means a fishing vessel within the meaning of Part II of the Merchant Shipping Act 1988; " .
Merchant Shipping Act 1970 (c. 36)
1 In section 33 (defence of drug taken for medical purposes), after "27" insert "(2)".
2 In section 56 (formal investigation into shipping casualty)--
(a) for subsection (1) substitute--
" (1) Where any accident has occurred, the Secretary of State may (whether or not an investigation into it has been carried out under section 33 of the Merchant Shipping Act 1988) cause a formal investigation into the accident to be held--
(a) if in England, Wales or Northern Ireland, by a wreck commissioner, and
(b) if in Scotland, by the sheriff;
and in this section "accident" means any accident to which regulations under that section apply or any incident or situation to which any such regulations apply by virtue of subsection (5) of that section.
(1A) A wreck commissioner or sheriff holding a formal investigation shall conduct it in accordance with rules under section 58(1) of this Act; and those rules shall require the assistance of one or more assessors and, if any question as to the cancellation or suspension of an officer's certificate is likely, the assistance of not less than two assessors. " ; and
(b) in subsection (4), for "casualty" substitute "accident".
3 In section 58(1) (rules as to inquiries etc.), for "55" substitute "56".
4 In section 67 (application of sections 62 to 66 to masters), for "66" substitute "64".
5 In section 95 (fishing vessels)--
(a) in subsection (1), for "sections 6 and 30(a) and (b)" substitute "section 6"; and
(b) for subsection (6) substitute--
" (6) In this Act "fishing vessel" means a fishing vessel within the meaning of Part II of the Merchant Shipping Act 1988. "
Fishery Limits Act 1976 (c. 86)
In section 8 (interpretation), in the definition of "foreign fishing boat", for paragraphs (b) and (c) substitute--
" (b) excluded from registration by regulations under section 13 of the Merchant Shipping Act 1988; or
(c) owned wholly by one or more qualified persons or companies within the meaning of section 14 of the Merchant Shipping Act 1988; " .
Employment Protection (Consolidation) Act 1978 (c. 44)
In section 144(1)(b) (mariners), for the words from "required to be" to "1894" substitute "registered under Part II of the Merchant Shipping Act 1988".
Customs and Excise Management Act 1979 (c. 2)
In section 81(7) (power to regulate small craft), for the words from "fishing boat" (where first occurring) to "1894" substitute "fishing vessel registered under Part II of the Merchant Shipping Act 1988".
Merchant Shipping Act 1979 (c. 39)
1 In section 20(3)(a) (prevention of pollution from ships etc.), for "55" substitute "56".
2 In section 28(7)(b) (supplementary provisions about inspectors), for "sections 55(2) and" substitute "section".
3 In section 47(2) (power to extend Act to certain countries, etc.) for "to 44" substitute ", 43".
4 In paragraph 8 of Part VI of Schedule 6 (miscellaneous penalties on summary conviction)--
(a) for ", 62(6) and 65(3)" substitute "and 62(6)"; and
(b) for the words from ", the return" to "deceased seamen" substitute "and the return of seamen left overseas".
Supreme Court Act 1981 (c. 54)
In section 20(5)(b) (Admiralty jurisdiction of High Court), after "Fund" insert ", or on the International Oil Pollution Compensation Fund 1984,".
British Fishing Boats Act 1983 (c. 8)
In section 9 (interpretation), in the definition of "British fishing boat", for the words from "exempted" to "that Act)" substitute " excluded from registration by regulations under section 13 of the Merchant Shipping Act 1988 or owned wholly by a person who is (within the meaning of Part I of the [1894 c. 60.] Merchant Shipping Act 1894)".
Merchant Shipping Act 1983 (c. 13)
1 In section 5 (registration of small ships)--
(a) in subsection (5), omit "book"; and
(b) in subsection (9), for the definition of "fishing vessel" substitute--
" "fishing vessel" means a fishing vessel within the meaning of Part II of the Merchant Shipping Act 1988. "
2 In section 9(1) (small ships: amendments of Merchant Shipping Acts), omit "any registered ship measured for length or".
Merchant Shipping Act 1984 (c. 5)
At the end of Schedule 1 (statutory provisions which are relevant for the purpose of serving notices in connection with safety and other matters), insert--
| " 1988 c. 12. | The Merchant Shipping Act 1988. | Section 35. " |
Inshore Fishing (Scotland) Act 1984 (c. 26)
In section 9(1) (interpretation), in the definition of "British fishing boat", for the words from "exempted" to "that Act)" substitute "excluded from registration by regulations under section 13 of the Merchant Shipping Act 1988 or owned wholly by a person who is (within the meaning of Part I of the Merchant Shipping Act 1894),".
Safety at Sea Act 1986 (c. 23)
In section 13(1) (interpretation), for the definition of "fishing vessel" substitute--
" "fishing vessel" means a fishing vessel within the meaning of Part II of the Merchant Shipping Act 1988; " .
Section 57 (5).
SCHEDULE 7 Repeals
| Chapter | Short title | Extent of repeal |
|---|
| 1853 c. 131. | Merchant Shipping Law Amendment Act 1853. | Section 13. |
| 1886 c. 53. | Sea Fishing Boats (Scotland) Act 1886. | The whole Act. |
| 1894 c. 60. | Merchant Shipping Act 1894. | Sections 1 to 3. |
| | Section 4(2). |
| | In section 6, the word "British". |
| | In section 7, in subsection (1) the word "British", and subsection (2). |
| | Section 9(iii). |
| | In section 11, the word "book". |
| | In section 13, the word "British". |
| | Section 19. |
| | In section 23, the words "or to the governor of a British possession" and "or the governor". |
| | In section 26, the word "book", wherever occurring. |
| | In section 27, subsection (1)(b), and in subsection (2) the word "book". |
| | In sections 32 and 33, the word "book", wherever occurring. |
| | In section 38, in subsection (1) the word "marriage,", and in subsection (2) the word "book". |
| | Sections 39 to 46. |
| | In sections 47(4) and (5) and 48(1), the word "book", wherever occurring. |
| | Sections 54 and 55. |
| | In sections 56 and 57, the word "book", wherever occurring. |
| | Section 61(1). |
| | In section 62, the words ", if taken in any part of the United Kingdom,", and the words from "if taken in a British possession" onwards. |
| 1894 c. 60.--cont. | Merchant Shipping Act 1894.--cont. | In section 63, in subsection (1) the words "in the United Kingdom" and the words from "and every" to "Seamen", and in subsection (2) the words "at a port in the United Kingdom". |
| | In section 64(2), paragraph (a), and in paragraph (d) the words "in respect of a British ship". |
| | In section 65, in subsection (1) the words from ", and also" to "schedule", in subsections (2) and (4) the word "book", wherever occurring, and subsection (3). |
| | Section 71. |
| | In section 73, in subsection (1) the words "or boats" and "or boat", in subsection (2) the words "or boat" (where last occurring), and in subsection (3) the words "or boat". |
| | In section 76(1), the words from "and elsewhere" to "dominions". |
| | Section 85. |
| | Sections 88 to 91. |
| | Sections 370 and 372 to 374. |
| | Section 463. |
| | In section 634(1)(a), the words "and at Gibraltar,". |
| | Section 648(1). |
| | In section 652(4), the words from "; and those reports" onwards. |
| | Section 663. |
| | In section 676(1), paragraph (i). |
In section 2, paragraph (1) and the "(2)" immediately following it. | | | Sections 51 and 52. |
| | Section 83. |
| 1923 c. 4. | Fees (Increase) Act 1923. | Section 2(1). |
| 1950 c. 9. | Merchant Shipping Act 1950. | Section 4. |
| 1965 c. 47. | Merchant Shipping Act 1965. | Section 1(2)(c). |
| | In Schedule 1, the entry relating to section 85 of the 1894 Act. |
| 1968 c. 13. | National Loans Act 1968. | In Schedule 4, in paragraph 2, the words from "Section 663" onwards. |
| 1968 c. 77. | Sea Fisheries Act 1968. | In Schedule 1, paragraphs 23, 32 and 33. |
| 1970 c. 36. | Merchant Shipping Act 1970. | Section 23. |
| | In section 30, paragraphs (a) and (b). |
| | In section 32, "30(b)". |
| | Section 42(2). |
| | In sections 52(3) and 54(2), the words from "and the persons" onwards. |
| | Section 55. |
| | Sections 65 and 66. |
| | Section 73. |
| | Section 75(1)(c). |
| | Section 89. |
| | In section 92, the word "British". |
| | In section 95(1), "89". |
| 1971 c. 59. | Merchant Shipping (Oil Pollution) Act 1971. | In section 10, in subsection (1) the word "persistent", and subsection (4). |
| | In section 15(1), the word "persistent". |
| 1974 c. 43. | Merchant Shipping Act 1974. | Section 4(10) to (13). |
| | Section 5. |
| | In section 6, in subsection (4), the words "or 5," and in subsection (5)(a) the words "as amended". |
| | Section 7(3). |
| 1974 c. 43.--cont. | Merchant Shipping Act 1974.--cont. | Section 8(2). |
| | In section 23(2), the words from " , and references" onwards. |
| 1974 c. 52. | Trade Union and Labour Relations Act 1974. | In Schedule 3, in paragraph 14 the words from "in subsection (2)" to "1974)" and". |
| 1976 c. 86. | Fishery Limits Act 1976. | Section 2(8)(b). |
| | In Schedule 2, paragraph 3. |
| 1979 c. 39. | Merchant Shipping Act 1979. | In section 28(7)(a), "463(5),". |
| | Section 31. |
| | Section 32(2) and (3). |
| | In section 37, subsection (4), and in subsection (6) the word "British". |
| | In section 38, subsections (1) and (3) and, in subsection (4), paragraphs (a) and (b) and (d) to (g). |
| | In section 40, in subsection (1) paragraphs (a), (c) and (d), and subsection (2). |
| | Section 44. |
| | Section 45(1). |
| | In Schedule 6-- |
| | (a) in Part I, the entries relating to section 373(4) of the 1894 Act and section 89(4) of the Merchant Shipping Act 1970, |
| | (b) in Part II, the entries relating to section 44(11) of the 1894 Act and section 23(3) of the Merchant Shipping Act 1970, |
| | (c) in Part IV, the entry relating to section 73(2) of that Act, |
| | (d)in Part VI, paragraph 1, and |
| | (e)in Part VII, paragraph 19. |
| 1983 c. 8. |
Section 58(4).
SCHEDULE 8 Transitional Provisions and Savings
1 The amendments and repeals made by this Act do not--
(a) (unless an Order in Council under section 56 of this Act, or under any other enactment, so provides) extend to any country outside the United Kingdom; or
(b) affect any Order in Council providing for the extension of any enactments to any such country.
2 (1) This paragraph shall have effect in relation to any relevant overseasterritory to which the provisions of sections 2 to 7 of this Act have not beenextended by an Order in Council under section 56.
(2) Where--
(a) by virtue of section 2(2) of the 1894 Act (obligation to register British ship) as in force in any such territory, any ship is (apart from this paragraph) a British ship that is not to be recognised as such, but
(b) the ship is a British ship by virtue of section 2 of this Act,
the ship shall nevertheless be recognised as a British ship for the purposes of the Merchant Shipping Acts as in force in that territory.
(3) Where--
(a) by virtue of section 2(2) of the 1894 Act as in force in any such territory, any ship is a British ship that is not to be recognised as such, and
(b) the ship is not a British ship by virtue of section 2 of this Act,
the ship shall, notwithstanding section 2(3) of that Act (as so in force), not be liable to detention under that provision.
(4) Where--
(a) any ship is not wholly owned by such persons as are mentioned in section 1 of the 1894 Act (qualification for owning British ships) as in force in any such territory, but
(b) the ship is a British ship by virtue of section 2 of this Act,
the ship shall nevertheless be recognised as a British ship for the purposes of the Merchant Shipping Acts as in force in that territory, and the following provisions of the 1894 Act (as so in force), namely--
(i) section 69 (penalty for unduly assuming British character), and
(ii) section 71 (penalty for acquiring ownership if unqualified),
shall not apply in relation to the ship.
3 If the Secretary of State by order made by statutory instrument so provides, no registration of a fishing boat shall be effected--
(a) under Part IV of the 1894 Act, or
(b) under the [1886 c. 53.] Sea Fishing Boats (Scotland) Act 1886,
during such period not exceeding one month and ending with the commencement of Part II of this Act as is specified in the order.
4 Section 4(6) of this Act shall not have effect at any time before the commencement of Part II of this Act, and shall not affect the operation of section 13(3) of this Act in relation to fishing vessels which are registered under Part I of the 1894 Act immediately before the commencement of Part II of this Act.
5 In section 72(1) of the 1894 Act as amended by Schedule 1 to this Act (liabilities of unregistered ships), the reference to Part I of that Act shall, in relation to any time before the end of the period referred to in section 13(3)(b) of this Act, be construed as including a reference to Part IV of that Act.
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