Merchant Shipping (Registration, etc.) Act 1993 (repealed 1.1.1996)

Section 8(2)

SCHEDULE 3 U.K. British Ships

British ships U.K.

1 (1) A ship is a British ship if—

(a) the ship is registered in the United Kingdom under this Act; or

(b) the ship is registered in the United Kingdom in pursuance of an Order in Council under section 80 of the M1 Merchant Shipping Act 1906 (Government ships); or

(c) the ship is registered under the law of a relevant British possession; or

(d) the ship is a small ship other than a fishing vessel and—

(i) is not registered under this Act, but

(ii) is wholly owned by qualified owners, and

(iii) is not registered under the law of a country outside the United Kingdom.

(2) For the purposes of sub-paragraph (1)(d) above—

• “qualified owners” means persons of such description qualified to own British ships as is prescribed by regulations made by the Secretary of State for the purposes of that sub-paragraph; and

• “small ship” means a ship less than 24 metres in length (“length” having the same meaning as in the tonnage regulations).

(3) The power to make regulations for the purposes of sub-paragraph (1)(d) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Marginal Citations

M1 1906 c.48

The British flag U.K.

2 (1) The flag which every British ship is entitled to fly is the red ensign (without any defacement or modification) and, subject to sub-paragraphs (2) and (3) below, no other colours.

(2) Sub-paragraph (1) above does not apply to Government ships within the meaning of section 80 of the M2 Merchant Shipping Act 1906.

(3) The following are also proper national colours, that is to say—

(a) any colours allowed to be worn in pursuance of a warrant from Her Majesty or from the Secretary of State;

(b) in the case of British ships registered in a relevant British possession, any colours consisting of the red ensign defaced or modified whose adoption for ships registered in that possession is authorised or confirmed by Her Majesty by Order in Council.

Marginal Citations

M2 1906 c.48

Penalty for carrying improper colours U.K.

3 (1) If any of the following colours, namely—

(a) any distinctive national colours except-

(i) the red ensign,

(ii) the Union flag (commonly known as the Union Jack) with a white border, or

(iii) any colours authorised or confirmed under paragraph 2(3)(b) above; or

(b) any colours usually worn by Her Majesty’s ships or resembling those of Her Majesty, or

(c) the pendant usually carried by Her Majesty’s ships or any pendant resembling that pendant,

are hoisted on board any British ship without warrant from Her Majesty or from the Secretary of State, the master of the ship, or the owner of the ship (if on board) and every other person hoisting them shall be guilty of an offence.

(2) A person guilty of an offence under sub-paragraph (1) above shall be liable—

(a) on conviction on indictment, to a fine;

(b) on summary conviction, to a fine not exceeding the statutory maximum.

(3) If any colours are hoisted on board a ship in contravention of sub-paragraph (1) above, any of the following, namely—

(a) any commissioned naval or military officer,

(b) any officer of customs and excise, and

(c) any British consular officer,

may board the ship and seize and take away the colours.

(4) Any colours seized under sub-paragraph (3) above shall be forfeited to Her Majesty.

(5) In this paragraph—

• “colours” includes any pendant;

• “commissioned naval officer” means a commissioned officer in Her Majesty’s navy on full pay and “commissioned military officer” has a corresponding meaning.

Duty to show British flag U.K.

4 (1) Subject to sub-paragraph (2) below, a British ship, other than a fishing vessel, shall hoist the red ensign or other proper national colours—

(a) on a signal being made to the ship by one of Her Majesty’s ships (including any ship under the command of a commissioned naval officer); and

(b) on entering or leaving any foreign port; and

(c) in the case of ships of 50 or more tons gross tonnage, on entering or leaving any British port.

(2) Sub-paragraph (1)(c) above does not apply to a small ship (as defined in paragraph 1(2) above) registered under this Act.

(3) In this paragraph “commissioned naval officer” has the same meaning as in paragraph 3 above.

Offences relating to British character of ship U.K.

5 (1) If the master or owner of a ship which is not a British ship does anything, or permits anything to be done, for the purpose of causing the ship to appear to be a British ship then, except as provided by sub-paragraphs (2) and (3) below, the ship shall be liable to forfeiture and the master, the owner and any charterer shall each be guilty of an offence.

(2) No liability arises under sub-paragraph (1) above where the assumption of British nationality has been made for the purpose of escaping capture by an enemy or by a foreign ship of war in the exercise of some belligerent right.

(3) Where the registration of any ship has terminated by virtue of any provision of registration regulations, any marks prescribed by registration regulations displayed on the ship within the period of 14 days beginning with the date of termination of that registration shall be disregarded for the purposes of sub-paragraph (1) above.

(4) If the master or owner of a British ship does anything, or permits anything to be done, for the purpose of concealing the nationality of the ship, the ship shall be liable to forfeiture and the master, the owner and any charterer of the ship shall each be guilty of an offence.

(5) Without prejudice to the generality of sub-paragraphs (1) and (4) above, those sub-paragraphs apply in particular to acts or deliberate omissions as respects—

(a) the flying of a national flag;

(b) the carrying or production of certificates of registration or other documents relating to the nationality of the ship; and

(c) the display of marks required by the law of any country.

(6) Any person guilty of an offence under this paragraph shall be liable—

(a) on summary conviction, to a fine not exceeding £50,000;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both.

(7) This paragraph applies to things done outside, as well as to things done within, the United Kingdom.

Duty to declare national character of ship U.K.

6 (1) An officer of customs and excise shall not grant a clearance or transire for any ship until the master of such ship has declared to that officer the name of the nation to which he claims that the ship belongs, and that officer shall thereupon enter that name on the clearance or transire.

(2) If a ship attempts to proceed to sea without such clearance or transire, the ship may be detained until the declaration is made.

Status of certificate of registration U.K.

7 The certificate of registration of a British ship shall be used only for the lawful navigation of the ship, and shall not be subject to detention to secure any private right or claim.