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Merchant Shipping Act 1974

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Version Superseded: 01/01/1996

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19 Offences by seamen. U.K.

(1)The M1Merchant Shipping Act 1970 shall be amended in accordance with the following provisions of this section.

(2)In section 27 (which creates an offence in relation to misconduct endangering a ship or persons on board, punishable on summary conviction with a fine not exceeding £200) for the words “£200” there shall be substituted the words “£400”.

(3)Section 29 (which makes it an offence wilfully to disobey a lawful command relating to, or likely to affect, the operation of a ship or of its equipment) and section 31 (which makes it an offence in certain circumstances for a seaman to be absent without leave at the time of sailing) are hereby repealed.

(4)In section 30 (continued or concerted disobedience, neglect of duty, etc.) for the words from the beginning of paragraph 9c0 to the end there shall be substituted:—

(c)combines with other seamen employed in that ship—

(i)to disobey lawful commands which are required to be obeyed at a time while the ship is at sea ;

(ii)to neglect any duty which is required to be discharged at such a time ; or

(iii)to impede, at such a time, the progress of a voyage or the navigation of the ship,

he shall be liable on summary conviction to a fine not exceeding £100.

For the purposes of this section a ship shall be treated as being at sea at any time when it is not securely moored in a safe berth.

(5)In section 34(2) (which imposes a limit of £10 on the amount of any fine which may be imposed on a seaman for a “disciplinary offence”) for the words “£10” there shall be substituted the words “£20”.

(6)The following provisions referring to sections repealed by subsection (3) above shall be amended, that is to say—

(a)in section 32 the words “29” shall be omitted;

(b)in paragraph 2 of Schedule 2 the words “29”, in both places, and the words “or 31” shall be omitted;

(c)in section 95(1)(a) for the words “29 to” there shall be substituted the words “30 and”.

Modifications etc. (not altering text)

C1The text of S. 19 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

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