Merchant Shipping (Load Lines) Act 1967

Miscellaneous and supplementary provisions U.K.

25 Increase of penalties for offences in connection with passenger steamers. U.K.

(1) A person who after the passing of this Act commits an offence under any of the enactments specified in column 1 of Schedule 1 to this Act shall (instead of being liable on summary conviction to the penalty specified in column 2 of that Schedule) be liable, on conviction as mentioned in column 3 of that Schedule, to the penalty specified in the said column 3.

(2) Section 1 of this Act shall not have effect for the purposes of this section.

F1 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F1 S. 26 repealed (1.5.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2), Sch.2.

27 Miscellaneous supplementary provisions. U.K.

(1) Without prejudice to the operation of section 34(2) of this Act, section 69 of the M1 Merchant Shipping (Safety and Load Line Conventions) Act 1932 (notice to be given to consular officer where proceedings taken in respect of foreign ships) shall have effect as if any reference therein to that Act included a reference to this Act.

F2 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The provisions of section 280 of that Act (delivery up of certificate) and of section 282 of that Act (penalty for forgery of certificate or declaration) shall have effect in relation to any certificate which can be issued under this Act as they have effect in relation to a passenger steamer’s certificate.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(5) Any certificate issued under this Act shall be admissible in evidence.

Textual Amendments

F2 S. 27(2) repealed (1.5.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2), Sch.2.

F3 Ss. 11(2), 27(4) repealed by Merchant Shipping Act 1979 (c. 39), Sch. 7 Pt. II

Marginal Citations

M1 1932 c. 9.

F4 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F4 S. 28 repealed (1.5.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2), Sch.2.

F5 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F5 S. 29 repealed (1.5.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2), Sch.2.

30 Provisions as to orders, rules and regulations, and as to functions of Board of Trade. U.K.

(1) Any Order in Council, order, rules or regulations made under this Act may contain such transitional or other incidental and supplementary provisions as may appear to Her Majesty in Council, or (as the case may be) to the Board of Trade, to be appropriate.

(2) Any power of the Board of Trade to make an order under this Act shall include power to revoke or vary the order by a subsequent order.

(3) Any power to make orders under section 18 or section 29 of this Act, and any power to make rules or regulations under any provision of this Act, shall be exercisable by statutory instrument; and any statutory instrument containing any such order, rules or regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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

Textual Amendments

F6 S. 30(4) repealed by Industrial Expansion Act 1968 (c. 32), Sch. 4

31 Convention countries. U.K.

(1) Her Majesty, if satisfied—

(a) that the Government of a country has accepted or acceded to, or has denounced, the Convention of 1966, or

(b) that the Convention of 1966 extends, or has ceased to extend, to a particular territory,

may by Order in Council make a declaration to that effect.

(2) In this Act “Convention country” means a country or territory which is either—

(a) a country the Government of which has been declared under this section to have accepted or acceded to the Convention of 1966, and has not been so declared to have denounced that Convention, or

(b) a territory to which it has been so declared that the Convention of 1966 extends, not being a territory to which it has been so declared that that Convention has ceased to extend.

and “Contracting Government” means any such Government as is referred to in paragraph (a) of this subsection.

32 Interpretation. U.K.

(1) In this Act, except in so far as the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say:—

• “alteration” includes deterioration;

• “clearance” includes a transire;

• “Convention country” and “Contracting Government” have the meanings assigned to them by section 31(2) of this Act;

• “parent country”, in relation to a ship, means the country or territory in which the ship is registered, or, if the ship is not registered anywhere, means the country or territory whose flag the ship flies;

• “valid Convention certificate” has the meaning assigned to it by section 12(5) of this Act.

(2) In this Act, subject to the next following subsection, “international voyage” means a voyage between—

(a) a port in the United Kingdom and a port outside the United Kingdom, or

(b) a port in a Convention country (other than the United Kingdom) and a port in any other country or territory (whether a Convention country or not) which is outside the United Kingdom.

(3) In determining, for the purposes of the last preceding subsection,what are the ports between which a voyage is made, no account shall be taken of any deviation by a ship from her intended voyage which is due solely to stress of weather or any other circumstance which neither the master nor the owner nor the charterer (if any) of the ship could have prevented or forestalled; and for the purposes of that subsection any colony, protectorate or other dependency, any territory for whose international relations a Government is separately responsible, and any territory for which the United Nations are the administering authority, shall be taken to be a separate territory.

(4) In this Act “new ship” means a ship whose keel is laid, or which is at a similar stage of construction, on or after the material date, and “existing ship” means a ship which is not a new ship; and for the purposes of this subsection the material date—

(a) in relation to a ship whose parent country is a Convention country other than the United Kingdom, is the date as from which it is declared under section 31 of this Act either that the Government of that country has accepted or acceded to the Convention of 1966 or that it is a territory to which that Convention extends, and

(b) in relation to any other ship, is the date of the commencement of this Act.

(5) Any reference in this Act to the gross tonnage of a ship shall be construed as a reference to the tonnage of the ship as ascertained in accordance with the tonnage regulations of the M2 Merchant Shipping Act 1894; and, where in accordance with those regulations alternative tonnages are assigned to a ship, the gross tonnage of the ship shall, for the purposes of this Act, be taken to be the larger of those tonnages.

(6) For the purposes of this Act the length of a ship shall be ascertained in accordance with regulations made by the Board of Trade under this Act.

(7) Any reference in this Act to any provision of the Convention of 1966 shall, in relation to any time after that provision has been amended in pursuance of Article 29 of that Convention, be construed as a reference to that provision as so amended.

(8) Except in so far as the context otherwise requires, any reference in this Act to an enactment shall be construed as a reference to that enactment as amended or extended by or under any other enactment.

Marginal Citations

M2 1894 c. 60.

33 Repeals and transitional provisions. U.K.

(1) Subject to the following provisions of this section, the enactments specified in Schedule 2 of this Act are hereby repealed to the extent specified in the third colomn of that Schedule.

(2) The repeal effected by the preceding subsection shall not affect the operation of any enactment as part of the law of any territory outside the United Kingdom, and accordingly shall not affect any Order in Council made under subsection (1) of section 64 of the M3 Merchant Shipping (Safety and Load Line Conventions) Act 1932, or made by virtue of the M4 Foreign Jurisdiction Act 1890 as modified by subsection (2) of that section, or any power to revoke or vary any such Order in Council.

(3) Without prejudice to the last preceding subsection and to the operation of [F7 sections 16(1) and 17(2)(a) of the M5 Interpretation Act 1978] (which relates to the effect of repeals), for the purposes of the transition from the law in force immediately before the commencement of this Act to the provisions of this Act the Board of Trade may by regulations provide that those provisions shall have effect subject to such transitional provisions as may be contained in the regulations.

Textual Amendments

F7 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2)

Marginal Citations

M3 1932 c. 9.

M4 1890 c. 37.

M5 1978 c. 30.

34 Short title, construction, citation, commencement and extent. U.K.

(1) This Act may be cited as the Merchant Shipping (Load Lines) Act 1967.

(2) This Act shall be construed as one with the Merchant Shipping Acts 1894 to 1965, and, without prejudice to the generality of this provision, references in those Acts to the Merchant Shipping Acts shall be construed as including references to this Act; and this Act shall be included among the Acts which may be cited together as the Merchant Shipping Acts 1894 to 1967.

(3) Section 25 of, and Schedule 1 to, this Act shall come into operation on the passing of this Act; and all the other provisions of this Act shall come into operation on such day as Her Majesty may by Order in Council appoint.

(4) For the purposes of the operation in relation to this Act of [F8 Section 4(a) of and Schedule 1 to, and section 13 of the Interpretation Act 1978] (which relate respectively to the meaning of “commencement” with reference to an Act and to the exercise of statutory powers between the passing and the commencement of an Act) the day appointed under the last preceding subsection shall be taken to be the date on which this Act come into operation; and references in this Act to the commencement of this Act shall be construed accordingly.

(5) This Act extends to Northern Ireland.

Textual Amendments

F8 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2)

Modifications etc. (not altering text)

C1 21.7.1968 appointed under s. 34(3) by S.I. 1968/1108