Version Superseded: 10/08/1998
Point in time view as at 01/01/1996. This version of this provision has been superseded.
Merchant Shipping Act 1995, Section 93 is up to date with all changes known to be in force on or before 07 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)The master of a ship, on receiving at sea a signal of distress or information from any source that a ship or aircraft is in distress, shall proceed with all speed to the assistance of the persons in distress (informing them if possible that he is doing so) unless he is unable, or in the special circumstances of the case considers it unreasonable or unnecessary, to do so, or unless he is released from this duty under subsection (4) or (5) below.
(2)Where the master of any ship in distress has requisitioned any ship that has answered his call, it shall be the duty of the master of the requisitioned ship to comply with the requisition by continuing to proceed with all speed to the assistance of the persons in distress.
(3)The duties imposed on the master of a ship by subsections (1) and (2) above apply to the masters of United Kingdom ships and to the masters of foreign ships when in United Kingdom waters.
(4)A master shall be released from the duty imposed by subsection (1) above as soon as he is informed of the requisition of one or more ships other than his own and that the requisition is being complied with by the ship or ships requisitioned.
(5)A master shall be released from the duty imposed by subsection (1) above, and, if his ship has been requisitioned, from the duty imposed by subsection (2) above, if he is informed by the persons in distress, or by the master of any ship that has reached the persons in distress, that assistance is no longer required.
(6)If a master fails to comply with the preceding provisions of this section he shall be liable—
(a)on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or both;
(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or both.
(7)Compliance by the master of a ship with the provisions of this section shall not affect his right, or the right of any other person, to salvage.
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