Merchant Shipping Act 1970

1. Introductory Text

2. Engagement and discharge of crews

   1. 1. Crew agreements.

   2. 2. Regulations relating to crew agreements.

   3. 3. Discharge of seamen.

   4. 4. Seamen left behind abroad otherwise than on discharge.

   5. 5. Discharge of seamen when ship ceases to be registered in U.K.

   6. 6. Restrictions on making arrangements for employment of seamen.

3. Wages, etc.

   1. 7. Payment of seamen’s wages.

   2. 8. Account of seamen’s wages.

   3. 9. Regulations relating to wages and accounts.

   4. 10. Power of superintendent or proper officer to decide disputes about wages.

   5. 11. Restriction on assignment of and charge upon wages.

   6. 12. Power of court to award interest on wages due otherwise than under crew agreement.

   7. 13. Allotment notes.

   8. 14. Right of person named in allotment note to sue in own name.

   9. 15. Right, or loss of right, to wages in certain circumstances.

   10. 16. Protection of certain rights and remedies.

   11. 17. Claims against seaman’s wages for maintenance, etc. of dependants.

   12. 18. Remedies of master for remuneration, disbursements, etc.

4. Safety, health and welfare

   1. 19. Safety Regulations.

   2. 20. Crew accommodation.

   3. 21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

   4. 22. Complaints about provisions or water.

   5. 23. Other complaints.

   6. 24. Medical stores.

   7. 25. Medical treatment on board ship.

   8. 26. Expenses of medical treatment, etc. during voyage.

5. Offences by seamen, etc.

   1. 27. Conduct endangering ships, structures or individuals.

   2. 28. Drunkenness, etc. on duty.

   3. 29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

   4. 30. Continued or concerted disobedience, neglect of duty, etc.

   5. 31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

   6. 32. Offences committed by certain other persons.

6. Defence of drug taken for medical purposes

   1. 33. Defence of drug taken for medical purposes.

7. Disciplinary offences

   1. 34–38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8. Civil liability for absence without leave, smuggling and fines imposed under immigration laws

   1. 39. Civil liability for absence without leave.

   2. 40. Civil liability for smuggling.

   3. 41. Civil liability for fines imposed under immigration laws.

9. Trade disputes

   1. 42. Trade disputes involving seamen

10. Manning and certification

    1. 43. Manning.

    2. 44. Power to exempt from manning requirements.

    3. 45. Prohibition of going to sea undermanned.

    4. 46. Unqualified persons going to sea as qualified officers or seamen.

    5. 47. Production of certificates and other documents of qualification.

    6. 48. Crew’s knowledge of English.

    7. 49. Application of sections 43, 45, 47 and 48.

    8. 50. Special certificates of competency.

    9. 51. Restriction on employment of persons under eighteen on board ship.

11. Disqualification of seamen, inquiries and investigations.

    1. 52. Inquiry into fitness or conduct of officer.

    2. 53. Disqualification of holder of certificate other than officer’s.

    3. 54. Inquiry into fitness or conduct of seaman other than officer.

    4. 55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    5. 56. Formal investigation into shipping casualty.

    6. 57. Re-hearing of and appeal from inquiries and investigations.

    7. 58. Rules as to inquiries, investigations and appeals.

    8. 59. Failure to deliver cancelled or suspended certificate.

    9. 60. Power to restore certificate.

    10. 61. Inquiries into deaths of crew members and others.

12. Relief and repatriation of seamen left behind

    1. 62. Relief and return of seamen left behind, etc.

    2. 63. Limit of employer’s liability under s. 62.

    3. 64. Recovery of expenses incurred for relief and return, etc.

13. Property of deceased seamen

    1. 65, 66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14. Application of sections 62 to 66 to masters

    1. 67. Application of sections 62 to 66 to masters.

15. Documentation, reports and returns

    1. 68. Official log books.

    2. 69. Lists of crew.

    3. 70. British seamen’s cards.

    4. 71. Discharge books.

    5. 72. Returns of births and deaths in ships, etc.

    6. 73. Reports of shipping casualties.

    7. 74. Handing over of documents on change of master.

    8. 75. Admissibility in evidence and inspection of certain documents.

    9. 75A. Inspection and admissibility in evidence of copies of certain documents.

16. Inspections

    1. 76. Inspections.

17. Stowaways, unauthorised presence on board ship and master’s power of arrest

    1. 77. Stowaways.

    2. 78. Unauthorised presence on board ship.

    3. 79. Master’s power of arrest.

18. Administrative provisions

    1. 80. Registrar General of Shipping and Seamen.

    2. 81. Appointment of superintendents.

    3. 82. Appointment of wreck commissioners.

    4. 83. Remuneration of wreck commissioners and assessors.

    5. 84. Fees.

19. Miscellaneous

    1. 85. Amendment of Merchant Shipping (Safety Convention) Act 1949.

    2. 86. Nautical publications.

    3. 87. The merchant navy uniform.

    4. 88. Increase of penalty for sailing while ship under detention.

    5. 89. Dealing with deserters under reciprocal arrangements.

    6. 90. Adaptation to metric units.

    7. 91. Tonnage measurement and certificates.

20. Unregistered ships and ships registered outside the United Kingdom

    1. 92. Unregistered . . . ships.

    2. 93. Ships registered in independent Commonwealth countries.

    3. 94. Power to extend Act to certain territories outside the United Kingdom, and to ships registered therein.

21. Fishing vessels and non-sea-going ships

    1. 95. Fishing vessels.

    2. 96. Non-sea-going ships.

22. Supplementary

    1. 97. Interpretation.

    2. 98. Expenses and receipts.

    3. 99. Regulations and rules.

    4. 100. Amendments, savings, transitional provisions and repeals.

    5. 101. Citation, construction and commencement.

23. SCHEDULES

    1. SCHEDULE 1

       SECTIONS SUBSTITUTED FOR SECTIONS 3 AND 6 OF MERCHANT SHIPPING (SAFETY CONVENTION) ACT 1949

       1. 3. Radio rules.

       2. 6. Radio navigational aids.

    2. SCHEDULE 2

       Fishing Vessels

       1. Part I Additional Provisions

          1. Regulations relating to crew agreements

             1. 1. (1) The Board of Trade may make regulations prescribing the...

             2. 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

          2. Production of certificates and other documents of qualification

             1. 3. Any person serving or engaged to serve in a fishing...

          3. Hours of work

             1. 4. (1) The Board of Trade may make regulations prescribing maximum...

          4. Reports of and inquiries into injuries

             1. 5. (1) Where the master or a member of the crew...

       2. Part II Sections 7 and 8 set out as they apply to Fishing Vessels and Persons Employed in them

          1. 7. Payment of seamen’s wages.

          2. 8. Accounts of wages and catch.

    3. SCHEDULE 3

       Minor and Consequential Amendments

       1. The Conspiracy and Protection of Property Act 1875

          1. 1. For section 16 of the Conspiracy and Protection of Property...

       2. The Merchant Shipping Act 1894

          1. 2. In subsection (1) of section 689 of the Merchant Shipping...

          2. 3. In subsection (1) of section 695 of that Act, after...

          3. 4. In section 742 of that Act, in the definition of...

       3. The Pilotage Act 1913

          1. 5. In section 17(1)(l) of the Pilotage Act 1913 for the...

          2. 6. In paragraph (b) of the proviso to section 23(1) of...

          3. 7. In section 25 of that Act for the words “certificates...

       4. The Illegal Trawling (Scotland) Act 1934

          1. 8. In section 1(6) of the Illegal Trawling (Scotland) Act 1934...

       5. The Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939

          1. 9. In section 6(3) of the Pensions (Navy, Army, Air Force...

       6. The Merchant Shipping Act 1964

          1. 10. For subsection (2) of section 10 of the Merchant Shipping...

       7. The Administration of Estates (Small Payments) Act 1965

          1. 11. In section 6 of the Administration of Estates (Small Payments)...

       8. The Merchant Shipping (Load Lines) Act 1967

          1. 12. In section 10(2) of the Merchant Shipping (Load Lines) Act...

       9. The Hovercraft Act 1968

          1. 13. The enactments and instruments with respect to which provision may...

       10. The Income and Corporation Taxes Act 1970

           1. 14. In section 414(1) of the Income and Corporation Taxes Act...

    4. SCHEDULE 4

       Savings and Transitional Provisions

       1. 1. The repeals made by this Act shall not be taken...

       2. 2. The repeal by this Act of sections 145 and 146...

       3. 3. The repeal by this Act of sections 148 to 153...

       4. 4. The repeal by this Act of section 254 of the...

       5. 5. Any licence granted under section 110 of the Merchant Shipping...

       6. 6. Any regulations made under section 1 of the Merchant Shipping...

       7. 7. Any reference in regulations made under section 1 of the...

       8. 8. The references in section 57 of this Act to an...

       9. 9. The references in section 60 of this Act to a...

       10. 10. For the purposes of section 87 of this Act the...

    5. SCHEDULE 5

       Enactments Repealed