- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (10/09/2003)
- Gwreiddiol (Fel y'i Deddfwyd)
Merchant Shipping Act 1995 is up to date with all changes known to be in force on or before 28 January 2025. There are changes that may be brought into force at a future date.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
33. Power of superintendent or proper officer to decide disputes about wages.
35. Power of court to award interest on wages due otherwise than under crew agreement.
38. Right, or loss of right, to wages in certain circumstances.
40. Claims against seaman’s wages for maintenance, etc. of dependants.
41. Remedies of master for remuneration, disbursements and liabilities.
Disqualification of seamen and inquiries
62. Disqualification of holder of certificate other than officer’s.
63. Inquiry into fitness or conduct of seaman other than officer.
68. Power to summon witness to inquiry into fitness or conduct of officer or other seaman.
69. Procedure where inquiry into fitness or conduct of officer or other seaman is held by sheriff.
Part VI Prevention of Pollution
General provisions for preventing pollution
131. Discharge of oil from ships into certain United Kingdom waters.
132. Defences of owner or master charged with offence under section 131.
133. Defences of occupier charged with offence under section 131
134. Protection for acts done in exercise of certain powers of harbour authorities, etc.
136. Duty to report discharge of oil into waters of harbours.
Chapter III Liability for Oil Pollution
Chapter IV International Oil PollutionCompensation Fund
Part X Enforcement Officers and Powers
Part XI Accident Investigations and Inquiries
SCHEDULES
Private Law Provisions for registered ships
Regulations Relating to Submersible and Supporting Apparatus
Exemptions Power to make exemption orders
Subdivision load lines and deck cargo Subdivision load lines
Miscellaneous provisions Notice to consular officer of proceedings against foreign ships
Overall Limit on Liability of Fund
The States parties to the present Convention,
Conscious of the dangers posed by the world-wide carriage by...
Convinced of the need to ensure that adequate, prompt and...
Desiring to adopt uniform international rules and procedures for determining...
Considering that the economic consequences of damage caused by the...
Have agreed as follows:
For the purposes of this Convention:
1. “ Ship ” means any seagoing vessel and seaborne...
2. “ Person ” means any individual or partnership or...
3. “ Owner ” means the person or persons registered...
4. “ Receiver ” means either: (a) the person who...
5. “Hazardous and noxious substances” ( HNS ) means: (a)...
(i) oils carried in bulk listed in appendix I of...
(ii) noxious liquid substances carried in bulk referred to in...
(iii) dangerous liquid substances carried in bulk listed in chapter...
(iv) dangerous, hazardous and harmful substances, materials and articles in...
(v) liquefied gases as listed in chapter 19 of the...
(vi) liquid substances carried in bulk with a flashpoint not...
(vii) solid bulk materials possessing chemical hazards covered by appendix...
6. “ Damage ” means: (a) loss of life or...
Where it is not reasonably possible to separate damage caused...
In this paragraph, “ caused by those substances ” means...
7. “ Preventive measures ” means any reasonable measures taken...
8. “ Incident ” means any occurrence or series of...
9. “ Carriage by sea ” means the period from...
10. “ Contributing cargo ” means any hazardous and noxious...
11. The “ HNS Fund ” means the International Hazardous...
12. “ Unit of account ” means the Special Drawing...
13. “ State of the ship’s registry ” means in...
14. “ Terminal ” means any site for the storage...
15. “ Director ” means the Director of the HNS...
16. “ Organization ” means the International Maritime Organization.
17. “ Secretary-General ” means the Secretary-General of the Organization....
The Annexes to this Convention shall constitute an integral part...
This Convention shall apply exclusively: (a) to any damage caused...
1. This Convention shall apply to claims, other than claims...
2. This Convention shall not apply to the extent that...
3. This Convention shall not apply: (a) to pollution damage...
4. Except as provided in paragraph 5, the provisions of...
5. A State Party may decide to apply this Convention...
6. With respect to ships owned by a State Party...
1. A State may, at the time of ratification, acceptance,...
2. Where two neighbouring States agree that this Convention does...
3. Any State which has made the declaration under paragraph...
4. A declaration made under paragraph 1 or 2, and...
5. Where a State has made a declaration under paragraph...
6. The HNS Fund is not liable to pay compensation...
Each State Party shall ensure that any obligation arising under...
1. Except as provided in paragraphs 2 and 3, the...
2. No liability shall attach to the owner if the...
provided that neither the owner nor its servants or agents...
3. If the owner proves that the damage resulted wholly...
4. No claim for compensation for damage shall be made...
5. Subject to paragraph 6, no claim for compensation for...
unless the damage resulted from their personal act or omission,...
6. Nothing in this Convention shall prejudice any existing right...
Incidents involving two or more ships
1. Whenever damage has resulted from an incident involving two...
2. However, owners shall be entitled to the limits of...
3. Nothing in this article shall prejudice any right of...
1. The owner of a ship shall be entitled to...
for each unit of tonnage in excess of 50,000 units...
provided, however, that this aggregate amount shall not in any...
2. The owner shall not be entitled to limit liability...
3. The owner shall, for the purpose of benefitting from...
4. Subject to the provisions of article 11, the fund...
5. If before the fund is distributed the owner or...
6. The right of subrogation provided for in paragraph 5...
7. Where owners or other persons establish that they may...
8. Claims in respect of expenses reasonably incurred or sacrifices...
9. (a) The amounts mentioned in paragraph 1 shall be...
10. For the purpose of this article the ship’s tonnage...
11. The insurer or other person providing financial security shall...
1. Where the owner, after an incident, has constituted a...
2. The foregoing shall, however, only apply if the claimant...
Claims in respect of death or personal injury have priority...
Compulsory insurance of the owner
1. The owner of a ship registered in a State...
2. A compulsory insurance certificate attesting that insurance or other...
3. The compulsory insurance certificate shall be in the official...
4. The compulsory insurance certificate shall be carried on board...
5. An insurance or other financial security shall not satisfy...
6. The State of the ship’s registry shall, subject to...
7. Compulsory insurance certificates issued or certified under the authority...
8. Any claim for compensation for damage may be brought...
9. Any sums provided by insurance or by other financial...
10. A State Party shall not permit a ship under...
11. Subject to the provisions of this article, each State...
12. If insurance or other financial security is not maintained...
Chapter III COMPENSATION BY THE INTERNATIONAL HAZARDOUS AND NOXIOUS SUBSTANCES FUND (HNS FUND)
1. The International Hazardous and Noxious Substances Fund ( HNS...
2. The HNS Fund shall in each State Party be...
1. For the purpose of fulfilling its function under article...
2. Expenses reasonably incurred or sacrifices reasonably made by the...
3. The HNS Fund shall incur no obligation under the...
4. If the HNS Fund proves that the damage resulted...
5. (a) Except as otherwise provided in subparagraph (b), the...
6. Where the amount of established claims against the HNS...
Claims in respect of death or personal injury shall have...
7. The Assembly of the HNS Fund may decide that,...
For the purpose of fulfilling its function under article 13,...
Expenditure: (i) costs and expenses of the administration of the...
Income: (iii) surplus funds from operations in preceding years, including...
General provisions on contributions
1. The HNS Fund shall have a general account, which...
2. The HNS Fund shall, subject to article 19, paragraphs...
3. There shall be initial contributions and, as required, annual...
4. Contributions to the HNS Fund shall be made into...
5. For the purposes of article 18, article 19, paragraph...
6. “ Associated person ” means any subsidiary or commonly...
General provisions on annual contributions
1. Annual contributions to the general account and to each...
2. Annual contributions payable pursuant to articles 18, 19 and...
3. The Assembly shall decide the total amount of annual...
4. The Assembly may also levy annual contributions for administrative...
5. The Assembly shall also decide on the distribution between...
Annual contributions to the general account
1. Subject to article 16, paragraph 5, annual contributions to...
2. Annual contributions shall also be payable to the general...
Annual contributions to separate accounts
1. Subject to article 16, paragraph 5, annual contributions to...
2. Subject to paragraph 3, the separate accounts referred to...
3. The initial operation of a separate account referred to...
4. The Assembly may suspend the operation of a separate...
5. The Assembly may reinstate the operation of a separate...
6. Any person who would be liable to pay contributions...
1. In respect of each State Party, initial contributions shall...
2. The fixed sum and the units for the different...
3. Initial contributions shall be paid within three months following...
1. Each State Party shall ensure that any person liable...
2. For the purposes set out in paragraph 1, each...
3. For the purposes of ascertaining who are, at any...
4. Where a State Party does not fulfil its obligations...
5. In respect of contributing cargo carried from one port...
1. The amount of any contribution due under articles 18,...
2. Where a person who is liable to pay contributions...
Optional liability of States Parties for the payment of contributions
1. Without prejudice to article 21, paragraph 5, a State...
2. Where a declaration under paragraph 1 is made prior...
3. A declaration under paragraph 1 which is made after...
4. A declaration made in accordance with this article may...
5. Any State which is bound by a declaration made...
Organization and administration
The HNS Fund shall have an Assembly and a Secretariat...
The Assembly shall consist of all States Parties to this...
The functions of the Assembly shall be: (a) to elect...
1. Regular sessions of the Assembly shall take place once...
2. Extraordinary sessions of the Assembly shall be convened by...
A majority of the members of the Assembly shall constitute...
1. The Secretariat shall comprise the Director and such staff...
2. The Director shall be the legal representative of the...
1. The Director shall be the chief administrative officer of...
Subject to the instructions given by the Assembly, the Director...
2. The Director shall in particular: (a) appoint the personnel...
In the performance of their duties the Director and the...
1. Each State Party shall bear the salary, travel and...
2. Any other expenses incurred in the operation of the...
The following provisions shall apply to voting in the Assembly:...
The following decisions of the Assembly shall require a two-thirds...
Tax exemptions and currency regulations
1. The HNS Fund, its assets, income, including contributions, and...
2. When the HNS Fund makes substantial purchases of movable...
3. No exemption shall be accorded in the case of...
4. The HNS Fund shall enjoy exemption from all customs...
5. Persons contributing to the HNS Fund as well as...
6. Notwithstanding existing or future regulations concerning currency or transfers,...
Confidentiality of information
Information relating to individual contributors supplied for the purpose of...
1. Rights to compensation under chapter II shall be extinguished...
2. Rights to compensation under chapter III shall be extinguished...
3. In no case, however, shall an action be brought...
4. Where the incident consists of a series of occurrences,...
Jurisdiction in respect of action against the owner
1. Where an incident has caused damage in the territory,...
2. Where an incident has caused damage exclusively outside the...
3. Reasonable notice of any action taken under paragraph 1...
4. Each State Party shall ensure that its courts have...
5. After a fund under article 9 has been constituted...
Jurisdiction in respect of action against the HNS Fund or taken by the HNS Fund
1. Subject to the subsequent provisions of this article, any...
2. In the event that the ship carrying the hazardous...
3. Each State Party shall ensure that its courts have...
4. Where an action for compensation for damage has been...
5. Each State Party shall ensure that the HNS Fund...
6. Except as otherwise provided in paragraph 7, the HNS...
7. Without prejudice to the provisions of paragraph 5, where...
1. Any judgement given by a court with jurisdiction in...
2. A judgement recognized under paragraph 1 shall be enforceable...
3. Subject to any decision concerning the distribution referred to...
1. The HNS Fund shall, in respect of any amount...
2. Nothing in this Convention shall prejudice any rights of...
3. Without prejudice to any other rights of subrogation or...
This Convention shall supersede any convention in force or open...
Chapter V TRANSITIONAL PROVISIONS
Information on contributing cargo
When depositing an instrument referred to in article 45, paragraph...
The Secretary-General shall convene the first session of the Assembly....
Signature, ratification, acceptance, approval and accession
1. This Convention shall be open for signature at the...
2. States may express their consent to be bound by...
3. Ratification, acceptance, approval or accession shall be effected by...
1. This Convention shall enter into force eighteen months after...
2. For a State which expresses its consent to be...
1. A conference for the purpose of revising or amending...
2. The Secretary-General shall convene a conference of the States...
3. Any consent to be bound by this Convention expressed...
1. Without prejudice to the provisions of article 47, the...
2. Upon the request of at least one half, but...
3. Any amendment proposed and circulated as above shall be...
4. All Contracting States, whether or not Members of the...
5. Amendments shall be adopted by a two-thirds majority of...
6. When acting on a proposal to amend the limits,...
7. (a) No amendment of the limits under this article...
8. Any amendment adopted in accordance with paragraph 5 shall...
The amendment shall be deemed to have been accepted at...
9. An amendment deemed to have been accepted in accordance...
10. All Contracting States shall be bound by the amendment,...
11. When an amendment has been adopted but the eighteen...
1. This Convention may be denounced by any State Party...
2. Denunciation shall be effected by the deposit of an...
3. Denunciation shall take effect twelve months, or such longer...
4. Notwithstanding a denunciation by a State Party pursuant to...
Extraordinary sessions of the Assembly
1. Any State Party may, within ninety days after the...
2. The Director may take the initiative to convene an...
3. If the Assembly, at an extraordinary session, convened in...
1. This Convention shall cease to be in force: (a)...
Notwithstanding (b), if the total quantity of contributing cargo to...
2. States which are bound by this Convention on the...
1. If this Convention ceases to be in force, the...
2. The Assembly shall take all appropriate measures to complete...
3. For the purposes of this article the HNS Fund...
1. This Convention and any amendment adopted under article 48...
2. The Secretary-General shall:
(a) inform all States which have signed this Convention or...
(i) each new signature or deposit of an instrument of...
(ii) the date of entry into force of this Convention;...
(iii) any proposal to amend the limits on the amounts...
(iv) any amendment which has been adopted in accordance with...
(v) any amendment deemed to have been accepted under article...
(vi) the deposit of any instrument of denunciation of this...
(vii) any communication called for by any article in this...
(b) transmit certified true copies of this Convention to all...
3. As soon as this Convention enters into force, a...
This Convention is established in a single original in the...
Convention Relating to the Carriage of Passengers and Their Luggage by Sea
In this Convention the following expressions have the meaning hereby...
3.“ship” means only a seagoing vessel, excluding an air-cushion vehicle;...
5.“luggage” means any article or vehicle carried by the carrier...
6.“cabin luggage” means luggage which the passenger has in his...
7.“loss of or damage to luggage” includes pecuniary loss resulting...
8.“carriage” covers the following periods: (a) with regard to the...
9.“international carriage” means any carriage in which, according to the...
The carrier shall not be liable for the loss of...
If the carrier proves that the death of or personal...
Unit of account and conversion
The Unit of Account mentioned in this Convention is the...
Defences and limits for carriers’ servants
If an action is brought against a servant or agent...
No action for damages for the death of or personal...
Invalidity of contractual provisions
Any contractual provision concluded before the occurrence of the incident...
Other conventions on limitation of liability
This Convention shall not modify the rights or duties of...
No liability shall arise under this Convention for damage caused...
Commercial carriage by public authorities
This Convention shall apply to commercial carriage undertaken by States...
Part II Provisions having effect in connection with Convention
Provisions adapting or supplementing specified articles of the Convention
Convention on Limitation of Liability for Maritime Claims 1976
Chapter I. The Right of Limitation
Persons entitled to limit liability
1.Shipowners and salvors, as hereinafter defined, may limit their liability...
2.The term “shipowner” shall mean the owner, charterer, manager or...
3.Salvor shall mean any person rendering services in direct connection...
5.In this Convention the liability of a shipowner shall include...
6.An insurer of liability for claims subject to limitation in...
7.The act of invoking limitation of liability shall not constitute...
Claims excepted from limitation
The rules of this Convention shall not apply to: (a)...
A person liable shall not be entitled to limit his...
Where a person entitled to limitation of liability under the...
Chapter II. Limits of Liability
The Unit of Account referred to in Articles 6 and...
Chapter III. The Limitation Fund
Subject to the provisions of this Chapter the rules relating...
Chapter IV. Scope of Application
Part II Provisions having effect in connection with Convention
Commissioners of Northern Lighthouses
1.(1) The Commissioners of Northern Lighthouses shall continue to exist...
2.(1) The Commissioners may elect, as members of their body,...
3.A person appointed by the Secretary of State under paragraph...
4.(1) Any five of the Commissioners shall constitute a quorum....
5.In this Schedule “council” means a council constituted under section...
International Convention on Salvage 1989
Chapter I — General Provisions
For the purpose of this Convention— (a) Salvage operation means...
This Convention shall apply whenever judicial or arbitral proceedings relating...
This Convention shall not apply to fixed or floating platforms...
Annulment and modification of contracts
A contract or any terms thereof may be annulled or...
Chapter II — Performance of Salvage Operations
Nothing in this Convention shall affect the right of the...
A State Party shall, whenever regulating or deciding upon matters...
Chapter III — Rights of Salvors
1.If the salvor has carried out salvage operations in respect...
3.Salvor’s expenses for the purpose of paragraphs 1 and 2...
4.The total special compensation under this article shall be paid...
5.If the salvor has been negligent and has thereby failed...
6.Nothing in this article shall affect any right of recourse...
Services rendered under existing contracts
No payment is due under the provisions of this Convention...
The effect of salvor’s misconduct
A salvor may be deprived of the whole or part...
Prohibition of salvage operations
Services rendered notwithstanding the express and reasonable prohibition of the...
Chapter IV — Claims and Actions
The right of the salvor to interest on any payment...
Unless the State owner consents, no provision of this Convention...
No provision of this Convention shall be used as a...
Publication of arbitral awards
States Parties shall encourage, as far as possible and with...
Part II Provisions having effect in connection with Convention
General Pier and Harbour Act 1861 Amendment Act 1862 (c. 19)
Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939 (c. 83)
Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1948 (c. 23 (N.I.))
Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965 (c. 19 (N.I.))
Rates (Northern Ireland) Order 1977 (S.I. 1977/2157 (NI 28))
Private Streets (Northern Ireland) Order 1980 (S.I. 1980/1086 (NI 12))
Judgments Enforcement (Northern Ireland) Order 1981 (S.I. 1981/226 (NI 6))
Clean Air (Northern Ireland) Order 1981 (S.I. 1981/158 (NI 14))
Diseases of Animals (Northern Ireland) Order 1981 (S.I. 1981/1115 (NI 22))
Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (NI 26))
Criminal Justice (International Co-operation) Act 1990 (c. 5)
Dangerous Vessels (Northern Ireland) Order 1991 (S.I. 1991/1219 (NI 10))
2.The following abbreviations are used in the Table:— Acts of...
3.By the Transfer of Functions (Trade and Industry) Order 1983,...
5.Schedule 4, paragraph 2 of the 1993 Act effected general...
6.The general conversion of then-existing fines in terms of amounts...
8.Section 1(1)(c) of the Merchant Shipping (Mercantile Marine Fund) Act...
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