Merchant Shipping Act 1970

Supplementary U.K.

97 Interpretation. U.K.

(1) In this Act—

• “crew agreement ” has the meaning assigned to it by section 1(2) of this Act;

• “enactment ” includes an enactment of the Parliament of Northern Ireland;

• “proper officer ” means a consular officer appointed by Her Majesty’s Government in the United Kingdom and, in relation to a port in a country outside the United Kingdom which is not a foreign country, also any officer exercising in that port functions similar to those of a superintendent;

• “relief and maintenance ” includes the provision of surgical or medical treatment and such dental and optical treatment (including the repair or replacement of any appliance) as cannot be postponed without impairing efficiency;

• “ship’s boat ” includes a life-raft; and

• “the Merchant Shipping Acts ” means the Merchant Shipping Acts 1894 to 1967, the M1 Fishing Vessels (Safety Provisions) Act 1970 and this Act.

(2) References in this Act to going to sea include references to going to sea from any country outside the United Kingdom.

(3) For the purposes of this Act a seaman is discharged from a ship when his employment in that ship is terminated.

(4) For the purposes of this Act a seaman discharged from a ship in any country and left there shall be deemed to be left behind in that country notwithstanding that the ship also remains there.

(5) References in this Act [F1 (except section 61)] to dying in a ship include references to dying in a ship’s boat and to being lost from a ship or ship’s boat.

(6) Any power conferred by this Act to provide for or grant an exemption includes power to provide for or grant the exemption subject to conditions.

(7) If the Parliament of Northern Ireland passes provisions amending or replacing any enactment of that Parliament referred to in this Act the reference shall be construed as a reference to the enactment as so amended or, as the case may be, as a reference to those provisions.

Textual Amendments

F1 Words inserted by Merchant Shipping Act 1979 (c. 39), s. 29(3)

Marginal Citations

M1 1970 c. 27.

98 Expenses and receipts. U.K.

(1) Any expenses incurred by the Board of Trade under this Act shall be defrayed out of moneys provided by Parliament.

(2) Any fees received by the Board of Trade under this Act shall be paid into the Consolidated Fund.

99 Regulations and rules. U.K.

(1) Any regulations or rules made under this Act shall be made by statutory instrument, which, [F2 except in the case of regulations made under section 36 of this Act or paragraph 2 of Schedule 2 to this Act], shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(2) Before making regulations under any provision of this Act other than sections 84 and 90 the Board of Trade shall consult with organisations in the United Kingdom appearing to them representative of masters and seamen who will be affected by the regulations and of persons employing such masters and seamen.

Textual Amendments

F2 Words repealed (prosp.) by Merchant Shipping Act 1979 (c. 39), ss. 52(2), Sch. 7 Pt. II

100 Amendments, savings, transitional provisions and repeals. U.K.

(1) The enactments mentioned in Schedule 3 to this Act shall have effect subject to the minor and consequential amendments specified therein.

(2) This Act shall have effect subject to the savings and transitional provisions contained in Schedule 4 to this Act.

(3) The enactments specified in Schedule 5 to this Act (which include some which are obsolete and some not affected by the preceding provisions of this Act) are hereby repealed to the extent specified in the third column of that Schedule.

Modifications etc. (not altering text)

C1 The text of s. 100(1)(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Commencement Information

I1 S. 101(3) partly in force; s. 101(3) not in force at Royal Assent see 101(4); s. 101(3) in force so far as it relates to specified repeals in Sch. 5 at: 1.1.1973 and 6.4.1974 by S.I. 1972/1977; 1.10.1974 by S.I. 1974/1194; 18.11.1974 by S.I. 1974/1908; 1.7.1979 by S.I. 1978/797; 1.8.1979 by S.I. 1979/809; 1.9.1981 by S.I. 1981/1186; 16.7.1982 by S.I. 1982/840; 1.1.1987 and 1.9.1987 by S.I. 1986/2066; 1.5.1995 by S.I. 1995/965; 1.8.1995 by S.I. 1995/1426

101 Citation, construction and commencement. U.K.

(1) This Act may be cited as the Merchant Shipping Act 1970.

(2) This Act, the Merchant Shipping Acts 1894 to 1967 and the M2 Fishing Vessels (Safety Provisions) Act 1970 may be cited together as the Merchant Shipping Acts 1894 to 1970.

(3) This Act shall be construed as one with the Merchant Shipping Acts 1894 to 1967 and the Fishing Vessels (Safety Provisions) Act 1970.

(4) This Act shall come into force on such date as the Board of Trade may by order made by statutory instrument appoint, and different days may be so appointed for different provisions of this Act [F3 or for different purposes of the same provision].

Subordinate Legislation Made

P1 S. 101(4) power partly exercised: different dates appointed for specified provisions by: S.I. 1972/1977; 1974/1194; 1974/1908; 1975/2156; 1978/797; 1979/809; 1981/1186; 1982/840; 1982/1617; 1986/2066; 1995/965; 1995/1426;

Textual Amendments

F3 Words inserted by Merchant Shipping Act 1979 (c. 39), s. 37(7)

Marginal Citations

M2 1970 c. 27.