Merchant Shipping (Safety Convention) Act 1949

Supplemental U.K.

26 Definition of “passenger” and “passenger steamer”. U.K.

(1) In Part III of the principal Act, in the M1 Merchant Shipping (Safety and Load Line Conventions) Act 1932, and in this Act the expression “passenger” means any person carried in a ship, except—

(a) a person employed or engaged in any capacity on board the ship on the business of the ship,

(b) a person on board the ship either in pursuance of the obligation laid upon the master to carry shipwrecked, distressed or other persons, or by reason of any circumstance that neither the master nor the owner nor the charterer (if any) could have prevented or forestalled, and

(c) a child under one year of age.

(2) In the M2 Merchant Shipping (Safety and Load Line Conventions) Act 1932, and in this Act, the expression “passenger steamer” means a steamer carrying more than twelve passengers.

Modifications etc. (not altering text)

C1 Definition of “passenger steamer” amended by Merchant Shipping Act 1964 (c. 47), s. 17(2)

Marginal Citations

M1 1932 c. 9.

M2 1932 c. 9.

F1 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F1 Ss. 27-30 repealed (1.5.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2), Sch.2

F2 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F2 S. 28 repealed (1.5.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt.II (subject to a saving at the end of Sch. 5 Pt. II); S.I. 1993/3137, art. 3(2), Sch.2 (but s. 28(1) remains in force for the sole purpose specified by Sch. 2, Appendix para. 2(c) to that S.I.).

F3 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F3 Ss. 27-30 repealed (1.5.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2), Sch.2

F4 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F4 Ss. 27-30 repealed (1.5.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2), Sch.2

31 Countries to which Safety Convention applies. U.K.

His Majesty, if satisfied—

(a) that the government of any country has accepted, or denounced, the Safety Convention; or

(b) that the Safety Convention extends, or has ceased to extend, to any territory,

may by Order in Council make a declaration to that effect.

32 Transitional provisions. U.K.

Without prejudice to the effect of [F5 sections 16(1) and 17(2)(a) of the M3 Interpretation Act 1978], the provisions of the First Schedule to this Act shall have effect for the purpose of the transition from the law in force before the commencement of this Act to the provisions of this Act.

Textual Amendments

F5 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2)

Marginal Citations

M3 1978 c. 30.

F6 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F6 S. 33 repealed (1.5.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2), Sch.2 (but s. 33(2) remains in force for the sole purpose specified by Sch. 2, Appendix para. 2(d) to that S.I.).

34 Rules and regulations. U.K.

(1) The power to make rules and regulations under . . . F7 this Act, or to make rules for lifesaving appliances, shall be exercisable by statutory instrument.

(2) Any statutory instrument by which any such power as aforesaid is exercised shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F7 Words repealed by Merchant Shipping Act 1964 (c. 47), s. 18(4)(c)

35 Consequential amendments of Merchant Shipping Acts. U.K.

(1) In subsection (3) of section seven hundred and twenty-four of the principal Act, for the words “passenger steamers” there shall be substituted the word “ships.”

(2) Where a ship is detained under any provision of this Act authorising the detention of a ship until the production of a certificate, subsection (2) of section four hundred and sixty of the principal Act (which makes the owner of a ship liable to pay to the Minister his costs in connection with her detention and survey) shall apply as if she had been finally detained under that Act.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

F9 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In subsection (1) of section two hundred and seventy-two of the principal Act and in subsection (1) of section nine of the said Act of 1932 for any reference to a wireless telegraph installation there shall be substituted a reference to a radio installation.

F9 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Ss. 35(3), 37(5) repealed by Statute Law Revision Act 1953 (2 & 3 Eliz. 2 c. 5)

F9 S. 35(4)(6) repealed (1.5.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2), Sch.2.

Modifications etc. (not altering text)

C2 The “said Act of 1932” means Merchant Shipping (Safety and Load Line Conventions) Act 1932 (c. 9)

36 Interpretation. U.K.

(1) In this Act the following expressions have the meanings hereby respectively assigned to them, that is to say:—

• [F10 “Accepted Safety Convention certificate” means a certificate in the form prescribed by the Safety Convention or by the Protocol of 1978 relating to the Safety Convention;]

• F11 . . .

• F11 . . .

• “Country to which the Safety Convention applies” means—

  (a)

  a country the government of which has been declared under section thirty-one of this Act to have accepted the Safety Convention, and has not been so declared to have denounced that Convention;

  (b)

  a territory to which it has been so declared that the Safety Convention extends, not being a territory to which it has been so declared that that Convention has ceased to extend;

• “Declaration of survey” means a declaration made under section two hundred and seventy-two of the principal Act;

• “International voyage” means a voyage from a port in one country to a port in another country, either of those countries being a country to which the Safety Convention applies, and “short international voyage” means an international voyage—

  (a)

  in the course of which a ship is not more than two hundred nautical miles from a port or place in which the passengers and crew could be placed in safety and

  (b)

  which does not exceed six hundred nautical miles in length between the last port of call in the country in which the voyage begins and the final port of destination;

  so however that for the purpose of the definitions contained in this paragraph—

  (i)

  no account shall be taken of any deviation by a ship from her intended voyage due solely to stress of weather or any other circumstance that neither the master nor the owner nor the charterer (if any) of the ship could have prevented or forestalled; and

  (ii)

  every colony, overseas territory, protectorate or other territory for whose international relations a government that has accepted the Safety Convention is responsible, or for which the United Nations are the administering authority, shall be deemed to be a separate country;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

• “The Minister” means the Minister of Transport;

• F11 . . .

• F11 . . .

• F11 . . .

• F11 . . .

• F13 . . .

• “Safety Convention ship” means a ship registered in a country to which the Safety Convention applies; and the expression “Safety Convention passenger steamer” shall be construed accordingly.

• F14 . . .

(2) If any amendment of the Safety Convention comes into force, references in this Act to the Safety Convention shall, unless the context otherwise requires, be construed as references to the Safety Convention as amended.

Textual Amendments

F10 Definition substituted by S.I. 1981/568, reg. 4, Sch. 1

F11 Definitions in s. 36(1) repealed (1.5.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2), Sch.2

F12 Definition repealed by Merchant Shipping Act 1964 (c. 47), s. 18(4)(d)

F13 Definition in s. 36(1) of 'life saving equipment' expressed to be repealed (1.5.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2), Sch.2

F14 Definition in s. 36(1) inserted by S.I. 1980/539, Sch. 1 and repealed (1.5.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2), Sch.2

Modifications etc. (not altering text)

C3 Definition of “Declaration of survey” excluded by Merchant Shipping Act 1964 (c. 47), s. 2(5)(c)

37 Commencement, construction, citation and repeal. U.K.

(1) This Act shall come into force on such day as His Majesty may by Order in Council appoint.

(2) Except so far as the context otherwise requires, any reference in this Act to any other enactment shall be construed as a reference to that enactment as amended, extended or applied by or under any other enactment including this Act.

(3) Except so far as the context otherwise requires, this Act shall be construed as one with the Merchant Shipping Acts 1894 to 1948, and, without prejudice to the generality of this provision, references in those Acts to the Merchant Shipping Acts shall be construed as including references to this Act.

(4) This Act may be cited as the Merchant Shipping (Safety Convention) Act 1949, and the Merchant Shipping Acts 1894 to 1948, and this Act may be cited together as the Merchant Shipping Acts 1894 to 1949.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15

Textual Amendments

F15 Ss. 35(3), 37(5) repealed by Statute Law Revision Act 1953 (2 & 3 Eliz. 2 c. 5)

Modifications etc. (not altering text)

C4 19.11.1952 appointed under s. 37(1) by S.I. 1952/1418 (1952 II, p. 1729)