Merchant Shipping Act 1964

2 Cargo ship construction and survey rules. U.K.

(1) The Minister may make rules . . . F1 prescribing requirements for the hull, equipment and machinery of [F2 and the fuel used in] ships to which this section applies and requiring any such ships which are registered in the United Kingdom to be surveyed to such extent, in such manner and at such intervals as may be prescribed by the rules.

(2) The said rules shall include such requirements as appear to the Minister to implement the provisions of the Convention relating to the hull, equipment and machinery of [F2 and the fuel used in] such ships, except so far as those provisions are implemented by any other rules or regulations made under the Merchant Shipping Acts.

(3) This section applies to—

(a) sea-going ships of not less than five hundred tons gross tonnage; and

(b) sea-going ships of not less than such lower tonnage and of such description as the Minister may by order made by statutory instrument specify;

other than passenger steamers, troopships, pleasure yachts, fishing vessels and ships not propelled by mechanical means; except that it applies to ships not registered in the United Kingdom only while they are within a port in the United Kingdom and are not exempted from the [F3 rules made under this section] under the following provisions of this Act.

(4) The matters with regard to which fees may be prescribed by regulations under section 33 of the Act of 1949 shall include surveys required by the [F3 rules made under this section], and the provisions applied by section 13(2) of that Act (which relate to the delivery of declarations of survey and appeals to the court of survey) shall apply to such surveys whether or not they are made for the purpose of the issue of any certificate.

(5) In relation to surveys required by the [F3 rules made under this section] which are carried out otherwise than by a surveyor of ships appointed under the Merchant Shipping Acts—

(a) so much of the said section 33 as requires fees to be paid into the Exchequer shall not apply; and

(b) the provisions applied by the said section 13(2) shall apply with such modifications as may be prescribed by the cargo ship construction and survey rules; and

(c) the definition of “declaration of survey” in section 36(1) of the Act of 1949 shall not apply.

(6) An order under subsection (3)(b) of this section may be varied or revoked by a subsequent order.

Textual Amendments

F1 Words repealed by S.I. 1980/539, reg. 3, Sch. 2

F2 Words inserted by Merchant Shipping (Safety Convention) Act 1977 (c. 24), ss. 1(4)(b), 4(1)

F3 Words substituted by S.I. 1980/539, reg. 3, Sch. 2