Merchant Shipping (Safety Convention) Act 1949

SCHEDULES

Section 32.

FIRST SCHEDULE Transitional Provisions

1 Any rules or regulations made, or having effect as if made, under any enactment repealed by this Act shall, until revoked, have effect as if they had been made under the corresponding provision of this Act.

2 (1) Any general safety certificate, short-voyage safety certificate, qualified safety certificate, passenger steamer's exemption certificate, wireless telegraphy certificate or wireless telegraphy exemption certificate in force in respect of any ship at the commencement of this Act shall continue in force until the date shown on the certificate, subject however to any cancellation of the certificate under the principal Act or this Act; and section twelve of this Act shall have effect accordingly.

(2) Section eleven of this Act shall have effect as if any such certificate as aforesaid had been issued under this Act.

(3) Where in respect of a ship there is in force at the commencement of this Act a wireless telegraphy certificate or a wireless telegraphy exemption certificate, that certificate shall be treated for the purposes of paragraph (b) of subsection (1) of section twelve of this Act as a radio certificate or as an exemption certificate stating that she is wholly exempt from the requirements of the Safety Convention relating to radiotelegraphy, radiotelephony and direction-finders, as the case may require.

(4) Nothing in the said paragraph (b) shall prohibit a ship from proceeding to sea without a safety-equipment certificate (whether or not qualified) until after the expiration of twenty-four months from the date of the commencement of this Act, nor a ship of less than sixteen hundred tons gross tonnage from proceeding to sea without a radio certificate (whether or not qualified), or a certificate stating that she is wholly exempt from the provisions of the Safety Convention relating to radiotelegraphy, radiotelephony and direction-finders, until after the expiration of one year from that date.

(5) Subsection (5) of section thirteen of this Act shall apply to any such certificate as is mentioned in sub-paragraph (1) of this paragraph as it applies to certificates issued under this Act.

3 (1) The Minister may by regulations provide—

(a) that any country to which the International Convention for the Safety of Life at Sea, 1929, applies shall, for such purposes, for such a period and subject to such conditions as may be specified by or under the regulations, be treated for the purposes of this Act as if it were a country to which the Safety Convention applies; and

(b) that any certificate purporting to have been issued in accordance with the said Convention of 1929 and complying with such of the regulations made under subsection (2) of section sixteen of the Merchant Shipping (Safety and Load Line Conventions) Act, 1932, as are applicable in the circumstances may, for such purposes, for such a period and subject to such conditions as may be specified by or under the regulations, be treated as if it were an accepted Safety Convention certificate within the meaning of this Act.

(2) Without prejudice to any general provision of this Schedule regarding the validity of regulations made under any Act repealed by this Act, regulations made under subsection (2) of section sixteen of the said Act of 1932 shall continue in force so far as they are required for the purposes of this paragraph.

4 Nothing in section seventeen of this Act shall require the master of a ship of less than sixteen hundred tons gross tonnage other than a passenger steamer to produce an accepted Safety Convention certificate being the equivalent of a radio certificate (whether or not qualified), or a certificate stating that she is wholly or partly exempt from the provisions of the Safety Convention relating to radiotelegraphy, radiotelephony and direction-finders, before the expiration of twelve months after the date of the commencement of this Act; nor the master of any ship to produce an accepted Safety Convention certificate being the equivalent of a safety-equipment certificate (whether or not qualified) before the expiration of twenty-four months after that date; and the provisions of that section relating to clearance and detention of ships shall have effect accordingly.

Section 33.

SECOND SCHEDULE Enactments Fixing the Amount of Fees

• The Merchant Shipping Act, 1894, sections 64 (1), 77 (2), 83, 97, 125 (3), 126 (2), 210 (3), 277, 306 (2), 360 (2), 420 (8), 567 (1), 695 (2).

• The Merchant Shipping (Mercantile Marine Fund) Act, 1898, section 3.

• The Fees (Increase) Act, 1923, section 2 (1) to (4).

Section 37.

THIRD SCHEDULE Enactments Repealed

Session and Chapter	Short Title	Extent of Repeal
57 & 58 Vict. c. 60.	The Merchant Shipping Act, 1894.	In section sixty-four, in subsection (1), the words " not exceeding two shillings ".
		In section seventy-seven, in subsection (2), the words " not exceeding that specified in the Third Schedule to this Act ".
		In section eighty-three, the words " not exceeding those specified in the Third Schedule to this Act".
		In section ninety-seven, the words " not exceeding those specified in the Fourth Schedule to this Act".
		In section one hundred and twenty-five, in subsection (3), the words " not exceeding ten shillings ".
		In section one hundred and twenty-six, in subsection (2), the words " not exceeding one shilling ".
		In section two hundred and ten, in subsection (3), the words from " not exceeding" to the end.
		In section two hundred and sixty-seven, the definition of " passenger ".
		In section two hundred and seventy-two, subsections (3) to (5).
		In section two hundred and seventy-seven, the words "not exceeding those specified in Part I of the Ninth Schedule to this Act".
		In section three hundred and six, in subsection (2), the words " not exceeding three pounds for the first hundred persons or fraction of a hundred persons inspected, and one pound for each additional hundred persons or fraction of a hundred persons inspected ".
		In section three hundred and sixty, in subsection (2), the words from " mentioned in Part II " to the end.
		In section four hundred and twenty, in subsection (8), the words from " not exceeding " to the end.
		Section four hundred and thirty-five.
		Sections four hundred and fifty-two to four hundred and fifty-six.
		In section five hundred and sixty-seven, in subsection (1), the words " not exceeding the amounts therein mentioned ".
		In section six hundred and ninety-five, in subsection (2), the words " not exceeding one shilling for every folio of ninety words" and " of five shillings ".
		The Third and Fourth Schedules.
		In the Sixth Schedule, paragraphs (b) and (7).
		The Ninth, Sixteenth and Eighteenth Schedules.
		The Twentieth Schedule, so far as it specifies the amount or the maximum amount of any fees.
61 & 62 Vict. c. 44.	The Merchant Shipping (Mercantile Marine Fund) Act, 1898.	In section three, the words " not exceeding those specified in the First Schedule to this Act ".
		The First Schedule.
6 Edw. 7. c. 48.	The Merchant Shipping Act, 1906.	Sections three and four.
		Section eleven.
9 & 10 Geo. 5. c. 38.	The Merchant Shipping (Wireless Telegraphy) Act, 1919.	The whole Act.
13 & 14 Geo. 5. c. 4.	The Fees (Increase) Act, 1923.	In section one, in subsection (1), the words " the Merchant Shipping Act, 1894, and of", " limit the amount of fees chargeable under those Acts or" and " such ", and subsection (2).
		In section two, in subsection (1), the words from " not exceeding" to the end; in subsection (2), the words "not exceeding those specified in Part II of the Second Schedule to this Act "; in subsection (3), paragraph (b) and the word " or " immediately preceding it and the words from " not exceeding " to the end, and in subsection (4), the words " not exceeding those specified in Part IV of the Second Schedule to this Act".
		In the First Schedule, Part I so far as it amends the principal Act, and Part II.
		The Second Schedule.
18 & 19 Geo. 5. c. 40.	The Merchant Shipping (Line-throwing Appliance) Act, 1928.	The whole Act.
22 & 23 Geo. 5. c. 9.	The Merchant Shipping (Safety and Load Line Conventions) Act, 1932.	Sections one to four.
		In section five, subsections (1), (4) and (5).
		Sections six and seven.
		In section nine, subsection (2).
		Sections ten and eleven.
		Sections thirteen to twenty-two.
		In section twenty-four, in subsection (2), the words from " and shall make " to the end and in subsection (4), the proviso.
		Sections twenty-five and twenty-six.
		Section twenty-eight.
		Sections thirty-two to thirty-five.
		Sections thirty-seven and thirty-eight.
		In section sixty-two, in subsection (1), the words "and in subsection (1) of section four hundred and fifty-four ",
		In section sixty-eight, the words " Safety Convention or" in both places where they occur.
		In section seventy-three, the definitions of " Passenger " and " Passenger steamer ".
		The Third Schedule.
26 Geo. 5 & 1 Edw. 8. c. 44.	The Air Navigation Act, 1936.	In section three, in subsection (1), the words from "and the power " to the words " surface of the water " in the third place where they occur, paragraph (ii) and in paragraph (iv) the words " in subsection (3) of the said section twenty-five or ".

Table of Statutes referred to in this Act

Short Title	Session and Chapter
Customs Consolidation Act, 1876	39 & 40 Vict. c. 36.
Interpretation Act, 1889	52 & 53 Vict. c. 63.
Merchant Shipping Act, 1894	57 & 58 Vict. c. 60.
Merchant Shipping (Mercantile Marine Fund) Act, 1898	61 & 62 Vict. c. 44.
Merchant Shipping Act, 1906	6 Edw. 7. c. 48.
Maritime Conventions Act, 1911	1 & 2 Geo. 5. c. 57.
Merchant Shipping (Wireless Telegraphy) Act, 1919	9 & 10 Geo. 5. c. 38.
Fees (Increase) Act, 1923	13 & 14 Geo. 5. c. 4.
Statute of Westminster, 1931	22 & 23 Geo. 5. c. 4.
Merchant Shipping (Safety and Load Line Conventions) Act, 1932	22 & 23 Geo. 5. c. 9.