Merchant Shipping (Mercantile Marine Fund) Act 1898

1898 CHAPTER 44 61 and 62 Vict

An Act to amend the Law with regard to the provision for the payment of certain Expenses under the Merchant Shipping Act 1894, and with regard to the levying of Light Dues.

[12th August 1898]

Modifications etc. (not altering text)

C1 Functions of the Board of Trade now exercisable by Secretary of State by virtue of S.I. 1990/1537, art. 2 and S.I. 1983/1127, art. 2(4)

C2 Act modified by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 47(2)(b) (with s. 58(4), Sch. 8 para. 1) and by S.I. 1989/1991, art. 10

C3 Act excluded by S.I. 1989/1991, arts. 11–14

[F1 1 Constitution of General Lighthouse Fund. U.K.

(1) There shall continue to be a fund called the General Lighthouse Fund.

(2) All light dues and other sums received by or accruing to any of the general lighthouse authorities by virtue of, or in connection with the discharge of their functions under, Part XI of the M1 Merchant Shipping Act 1894 shall be accounted for and paid to the General Lighthouse Fund.

(3) The General Lighthouse Fund shall be applied to the payment of such expenses of the general lighthouse authorities and the Secretary of State as are, by virtue of any enactment, payable out of the Fund.

(4) References to the Mercantile Marine Fund in Part XI and section 679 of the Merchant Shipping Act 1894 shall be construed as references to the General Lighthouse Fund.]

Textual Amendments

F1 S. 1 substituted by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 48, Sch. 5, (with s. 58(4), Sch. 8 para. 1)

Modifications etc. (not altering text)

C4 S. 1 restricted by Merchant Shipping Act 1965 (c. 47), s. 1(4)

Marginal Citations

M1 1894 c.60 (iii).

[F2 1A Pension rights of certain employees. U.K.

(1) There shall be payable to or in respect of persons whose salaries are paid out of the General Lighthouse Fund such pensions, allowances or gratuities as may be determined in accordance with, in the case of such of those persons as are employed by the Secretary of State, arrangements made by him and, in the case of other such persons, arrangements made by a general lighthouse authority and approved by the Secretary of State, and those benefits shall be charged on and payable out of that Fund.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3 ]

Textual Amendments

F2 S. 1A inserted by Superannuation Act 1972 (c. 11), s. 17(1)

F3 S. 1A(2) repealed by Finance Act 1972 (c. 41), Sch. 28 Pt. IV

2 Transfer of certain light dues and charges to General Lighthouse Fund. U.K.

(1), (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(3) All expenses incurred in constructing or maintaining any colonial lights, and the contributions made by Her Majesty’s Government in respect of the [F5 lights on the islands of Abu Ail and Jabal at Tair in the Red Sea] shall be paid out of the General Lighthouse Fund.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

(5) All expenses incurred by the Board of Trade or any of the general lighthouse authorities in making and maintaining communication between lighthouses and the shore shall be paid out of the General Lighthouse Fund. Provided that such communication shall be available for private messages at reasonable charges, so far as may be compatible with the efficiency and safety of the lighthouse service, and all sums received in respect thereof shall be paid to the General Lighthouse Fund.

Textual Amendments

F4 S. 2(1)(2) repealed by Merchant Shipping Act 1979 (c. 39), s. 47(2), Sch. 7 Pt. II

F5 Words substituted by Merchant Shipping Act 1979 (c. 39), s. 36(1)

F6 S. 2(4) repealed by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 57(5), Sch. 7, (with s. 58(4), Sch. 8 para. 1)

[F7 2A Payment out of Fund of Secretary of State’s expenses relating to certain navigational aids. U.K.

(1) There shall be paid out of the General Lighthouse Fund—

(a) any expenses (whether of a capital nature or not) incurred by the Secretary of State in pursuance of any international agreement relating to the provision of an electronic position-fixing system which is intended as an aid to the navigation of ships; and

(b) any expenses incurred by the Secretary of State preliminary to his entering into any such agreement.

(2) Any sums received by the Secretary of State in pursuance of any such agreement in respect of—

(a) expenses incurred by him as mentioned in subsection (1)(a) of this section, or

(b) expenses incurred by any of the general lighthouse authorities which, by virtue of any enactment, are payable out of the General Lighthouse Fund,

shall be paid into the Fund.]

Textual Amendments

F7 Ss. 2A, 2B inserted by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 43, (with s. 58(4), Sch. 8 para. 1)

[F8 2B Payment out of Fund of administrative expenses of Secretary of State. U.K.

There shall be paid out of the General Lighthouse Fund such sums as the Secretary of State may determine for the purposes of this section, being sums which appear to him to represent the amount or estimated amount of any expenses incurred or likely to be incurred by him in connection with the administration of the Fund.]

Textual Amendments

F8 Ss. 2A, 2B inserted by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 43, (with s. 58(4), Sch. 8 para. 1)

3 Fees for registration, transfer, &c. of ships. U.K.

Such fees shall be paid in respect of the registration, transfer (including transmission), and mortgage of British ships as the Board of Trade, with the consent of the Treasury, determine . . . F9 and all such fees shall be paid into the Exchequer. Provided that fees shall not be payable under this section in respect of vessels [F10 not exceeding ten tons gross register employed solely in fishing].

Textual Amendments

F9 Words repealed by Merchant Shipping (Safety Convention) Act 1949 (c. 43), Sch. 3

F10 Words substituted by Fees (Increase) Act 1923 (c. 4), s. 1, Sch. 1 Pt. I

4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11 U.K.

Textual Amendments

F11 S. 4 repealed by Merchant Shipping Act 1906 (c. 48), Sch. 2

5 Scale of Light dues. U.K.

(1) The general lighthouse authorities shall levy light dues with respect to the voyages made by ships or by way of periodical payment, and not with respect to the lights which a ship passes or from which it derives benefit, and the dues so levied shall take the place of the dues now levied by those authorities.

[F12 (2) The Secretary of State may by statutory instrument make regulations with respect to the amounts and the levying of such dues (including the cases in which the dues are not to be levied) and the regulations may make different provision for different circumstances; and any statutory instrument made by virtue of this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

Textual Amendments

F12 S. 5(2) substituted by Merchant Shipping Act 1979 (c. 39), ss. 36(2), 52(2)

F13 S. 5(3) repealed by Merchant Shipping Act 1979 (c. 39), ss. 47(2), 50(4), 52(2), Sch. 7 Pt. II

6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14 U.K.

Textual Amendments

F14 Ss. 6, 8, 9(3) repealed by Statute Law Revision Act 1908 (c. 49)

7 Definitions. U.K.

In this Act, unless the context otherwise requires—

• The expression “colonial light” means any lighthouses, buoys, or beacons on or near the coast of a British possession and maintained by the Board of Trade out of moneys provided by Parliament . . . F15 , and includes the lighthouses mentioned in the Third Schedule to this Act.

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

• Other expressions have the same meaning as in the M2 Merchant Shipping Act 1894.

Textual Amendments

F15 Words repealed by Merchant Shipping Act 1979 (c. 39), Sch. 7 Pt. II

F16 Definition repealed by Merchant Shipping Act 1979 (c. 39), Sch. 7 Pt. II

Marginal Citations

M2 1894 c. 60.

8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17 U.K.

Textual Amendments

F17 Ss. 6, 8, 9(3) repealed by Statute Law Revision Act 1908 (c. 49)

9 †Short title, construction, and commencement. U.K.

(1) This Act may be cited as the Merchant Shipping (Mercantile Marine Fund) Act 1898.

(2) This Act shall be construed as one with the M3 Merchant Shipping Act 1894, and that Act and the M4 Merchant Shipping Act 1897, the M5 Merchant Shipping (Exemption from Pilotage) Act 1897, and this Act may be cited together as the Merchant Shipping Acts 1894 to 1898.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18

Textual Amendments

F18 Ss. 6, 8, 9(3) repealed by Statute Law Revision Act 1908 (c. 49)

Modifications etc. (not altering text)

C5 Unreliable marginal note

Marginal Citations

M3 1894 c. 60.

M4 1897 c. 59.

M5 1897 c. 61.

SCHEDULES

F19 F19 FIRST SCHEDULE U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F19 Sch. 1 repealed by Merchant Shipping (Safety Convention) Act 1949 (c. 43), Sch. 3

SECOND SCHEDULE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20 U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F20 Schedule 2 repealed by Merchant Shipping Act 1979 (c. 39), s. 52(2), Sch. 7 Pt. II

THIRD SCHEDULE U.K.

I. Lighthouse maintained by the Board of Trade out of Money voted by Parliament U.K.

. . . F21

Textual Amendments

F21 Entry repealed by Bahamas Independence Act 1973 (c. 27), s. 5(2)(a)

OnSombrero, one of the Leeward Islands.

Cape Pembroke, Falkland Islands.

II.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22 U.K.

Textual Amendments

F22 Sch. 3 para. II repealed by Merchant Shipping Act 1979 (c. 39), Sch. 7 Pt. II

F23 F23 FOURTH SCHEDULE U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F23 Sch. 4 repealed by Statute Law Revision Act 1908 (c. 49)