Merchant Shipping (Load Lines) Act 1967

Exemptions U.K.

18 Power to make exemption orders. U.K.

(1) If in the opinion of the Board of Trade the sheltered nature and conditions of international voyages—

(a) between near neighbouring ports in the United Kingdom and in another Convention country, or

(b) between near neighbouring ports in any two or more countries or territories outside the United Kingdom.

make it unreasonable or impracticable to apply the provisions of this Act to ships plying on such voyages, and the Board are satisfied that the Government of the other country or territory (or, as the case may be, of each of the other countries or territories) concurs in that opinion, the Board may by order specifying those ports direct that ships plying on international voyages between those ports, or any class of such ships specified in the order, shall be exempt from the provisions of this Act.

(2) The Board of Trade may by order direct that ships under 80 tons register engaged solely in the coasting trade, or any class of such ships specified in the order, shall be exempt from the provisions of this Act while not carrying cargo, or (if the order so provides) shall be exempt from the provisions of this Act whether carrying cargo or not.

(3) Any order under this section may be made subject to such conditions as the Board of Trade think fit; and, where any such order is made subject to conditions, the exemption conferred by the order shall not have effect in relation to a ship unless the ship complies with those conditions.

Subordinate Legislation Made

P1 S. 18: for previous exercises of this power see Index to Government Orders.

P2 S. 18: s. 18(2) power exercised by S.I.1991/1298.

19 Further powers to exempt ships. U.K.

(1) In this section any reference to exempting a ship is a reference to exempting the ship either—

(a) from all the provisions of this Act and of the load line rules, or

(b) from such of those provisions as are specified in the instrument conferring the exemption.

(2) On the application of the owner of a ship to which this Act applies, which is registered in the United Kingdom and is either an existing ship of not less than 150 tons gross tonnage or a new ship of not less than 24 metres in length, the Board of Trade may exempt the ship if in their opinion the ship embodies features of a novel kind such that, if the ship had to comply with all the requirements of this Act and of the load line rules, the development of those features and their incorporation in ships engaged on international voyages might be seriously impeded.

(3) On the application of the owner of a ship to which this Act applies, which is registered in the United Kingdom and is either—

(a) an existing ship of less than 150 tons gross tonnage or a new ship of less than 24 metres in length, or

(b) a ship (not falling within the preceding paragraph) which does not ply on international voyages,

the Board of Trade may exempt the ship.

(4) Without prejudice to the last preceding subsection, where a ship to which this Act applies, which is registered in the United Kingdom and is either an existing ship of not less than 150 tons gross tonnage or a new ship of not less than 24 metres in length, does not normally ply on international voyages but is, in exceptional circumstances, required to undertake a single international voyage, the Board of Trade, on the application of the owner of the ship, specifying the international voyage in question, may exempt the ship while engaged on that voyage.

(5) Any exemption conferred under this section may be conferred subject to such conditions as the Board of Trade think fit; and, where any such exemption is conferred subject to conditions, the exemption shall not have effect unless those conditions are complied with.

20 Issue of exemption certificates. U.K.

(1) Where the Board of Trade exempt a ship under the last preceding section, the Board shall issue the appropriate certificate to the owner of the ship.

(2) For the purposes of this section the appropriate certificate—

(a) where the exemption is conferred under subsection (2) or subsection (4) of the last preceding section, is a certificate to be called an “International Load Line Exemption Certificate”, and

(b) where the certificate is conferred under subsection (3) of that section, is a certificate to be called a “United Kingdom load line exemption certificate”.

(3) Any certificate issued under this section shall be in such form, and shall be issued in such manner, as may be prescribed by the load line rules.

21 Duration and termination of exemptions, and duration, endorsement and cancellation of exemption certificates. U.K.

(1) The load line rules shall make provision for determining the period during which any exemption conferred under section 19 of this Act, or any certificate issued under section 20 of this Act, is to remain in force, including—

(a) provision enabling the period for which any such exemption or certificate is originally conferred or issued to be extended within such limits and in such circumstances as may be prescribed by the rules, and

(b) provision for terminating any such exemption, and for cancelling any such certificate, in such circumstances as may be so prescribed.

(2) While any such certificate is in force in respect of a ship, there shall be endorsed on the certificate such information relating to—

(a) periodical inspections of the ship in accordance with the load line rules, and

(b) any extension of the period for which the certificate was issued,

as may be prescribed by the rules.

22 International Load Line Exemption Certificates. U.K.

(1) the load line rules shall make such provision as appears to the Board of Trade to be appropriate for securing that exemption certificates which, in accordance with the Convention of 1966, are issued in respect of ships to which section 12 of this Act applies, and are so issued by Governments other than Her Majesty’s Government in the United Kingdom, shall in such circumstances as may be prescribed by the rules have the like effect for the purposes of this Act as if they were valid Convention certificates.

(2) Certificates issued as mentioned in the preceding subsection shall be included among the certificates to be called “International Load Line Exemption Certificates”.