Merchant Shipping Act 1979

1–12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13(1) . . . . . . . . ....

Carriage of passengers and luggage by sea

14 Scheduled convention to have force of law.

15 Provisions supplementary to s. 14.

16 Application of Schedule 3 to international carriage before coming into force of s. 14(1) and (2) and to domestic carriage.

Liability of shipowners and salvors

17 Limitation of liability.

18 Exclusion of liability.

19 Provisions supplementary to ss. 17 and 18.

Prevention of pollution from ships etc.

20 Prevention of pollution from ships etc.

20A Further provision for prevention of pollution from ships.

Safety and health on ships

21 Safety and health on ships.

22 Provisions supplementary to s. 21.

23 Breaches by seamen of codes of conduct and local industrial agreements.

24 Determination of amount of deductions from seamen’s wages.

25 Unauthorised liquor on fishing vessels.

26 Extension of power to appoint Department of Trade inspectors.

27 Powers of Department of Trade inspectors.

28 Provisions supplementary to s. 27.

Deaths on ships

29 Inquiries as to whether person has died on United Kingdom ship etc.

30 Record of certain deaths on ships etc.

31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

32 Shipping casualties.

33 Commissioners of Northern Lighthouses and Irish Lights.

34 Repeal of spent provisions, and amendment, of Part XI of Merchant Shipping Act 1894.

35 Amendment of s. 503 of Merchant Shipping Act 1894 etc.

36 Amendments of Merchant Shipping (Mercantile Marine Fund) Act 1898.

37 Amendments of ss. 15, 43, 52, 54, 76(1), 92 and 101(4) of Merchant Shipping Act 1970 and s. 23 of the Prevention of Oil Pollution Act 1971.

38 Replacement of gold francs by special drawing rights for certain purposes of Merchant Shipping (Oil Pollution) Act 1971 and Merchant Shipping Act 1974.

39 Attachment of earnings.

40 Foreign action affecting shipping.

41 Application of Merchant Shipping Acts to certain structures etc.

42 Alteration of time for certain summary prosecutions.

43 Alteration of penalties.

44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

45 Amendment of certain offences provisions of Merchant Shipping Act 1970.

46 Offences by officers of bodies corporate.

47 Power to extend Act to certain countries etc.

48 Application to hovercraft.

49 Orders and regulations.

50 Interpretation and repeals.

51 Expenses etc.

52 Citation and commencement.

SCHEDULE 1 . . .

SCHEDULE 2 . . .

Part I Text of Convention

In this Convention the following expressions have the meaning hereby...

1(a) “carrier” means a person by or on behalf of...

2“contract of carriage” means a contract made by or on...

3“ship” means only a seagoing vessel, excluding an air-cushion vehicle;...

4“passenger” means any person carried in a ship,

5“luggage” means any article or vehicle carried by the carrier...

6“cabin luggage” means luggage which the passenger has in his...

7“loss of or damage to luggage” includes pecuniary loss resulting...

8“carriage” covers the following periods: (a) with regard to the...

9“international carriage” means any carriage in which, according to the...

1This Convention shall apply to any international carriage if:

2Notwithstanding paragraph 1 of this Article, this Convention shall not...

Liability of the carrier

1The carrier shall be liable for the damage suffered as...

2The burden of proving that the incident which caused the...

3Fault or neglect of the carrier or of his servants...

Performing carrier

1If the performance of the carriage or part thereof has...

2The carrier shall, in relation to the carriage performed by...

3Any special agreement under which the carrier assumes obligations not...

4Where and to the extent that both the carrier and...

5Nothing in this Article shall prejudice any right of recourse...

The carrier shall not be liable for the loss of...

Contributory fault

If the carrier proves that the death of or personal...

Limit of liability for personal injury

1The liability of the carrier for the death of or...

2Notwithstanding paragraph 1 of this Article, the national law of...

Limit of liability for loss of or damage to luggage

1The liability of the carrier for the loss of or...

2The liability of the carrier for the loss of or...

3The liability of the carrier for the loss of or...

4The carrier and the passenger may agree that the liability...

Monetary unit and conversion

1The franc mentioned in this Convention shall be deemed to...

2The amounts referred to in Articles 7 and 8 shall...

Supplementary provisions on limits of liability

1The carrier and the passenger may agree, expressly and in...

2Interest on damages and legal costs shall not be included...

Defences and limits for carriers’ servants

If an action is brought against a servant or agent...

Aggregation of claims

1Where the limits of liability prescribed in Articles 7 and...

2In relation to the carriage performed by a performing carrier,...

3In any case where a servant or agent of the...

Loss of right to limit liability

1The carrier shall not be entitled to the benefit of...

2The servant or agent of the carrier or of the...

Basis for claims

No action for damages for the death of or personal...

Notice of loss or damage to luggage

1The passenger shall give written notice to the carrier or...

2If the passenger fails to comply with this Article, he...

3The notice in writing need not be given if the...

Time-bar for actions

1Any action for damages arising out of the death of...

2The limitation period shall be calculated as follows:

3The law of the court seized of the case shall...

4Notwithstanding paragraphs 1, 2 and 3 of this Article, the...

Competent jurisdiction

1An action arising under this Convention shall, at the option...

2After the occurrence of the incident which has caused the...

Invalidity of contractual provisions

Any contractual provision concluded before the occurrence of the incident...

Other conventions on limitation of liability

This Convention shall not modify the rights or duties of...

No liability shall arise under this Convention for damage caused...

(a) if the operator of a nuclear installation is liable...

(b) if the operator of a nuclear installation is liable...

Commercial carriage by public authorities

This Convention shall apply to commercial carriage undertaken by States...

Part II Provisions having effect in connection with Convention

1In this Part of this Schedule any reference to a...

Provisions adapting or supplementing specified articles of the Convention

2For the purposes of paragraph 2 of article 2, provisions...

3The reference to the law of the court in article...

4The Secretary of State may by order provide that, in...

5The values which in pursuance of article 9 shall be...

6It is hereby declared that by virtue of article 12...

7Article 16 shall apply to an arbitration as it applies...

8The court before which proceedings are brought in pursuance of...

Other provisions adapting or supplementing the Convention

9Any reference in the Convention to a contract of carriage...

10If Her Majesty by Order in Council declares that any...

11The Secretary of State may by order make provision—

Application of ss. 502 and 503 of Merchant Shipping Act 1894 and section 17 and 18 of this Act

12Nothing in section 502 of the Merchant Shipping Act 1894...

13It is hereby declared that nothing in the Convention affects...

Part III Modifications of Parts I and II in consequence of Protocol of 19th November 1976

1In Part I of this Schedule, in article 7 of...

2In the said Part I, in article 8 of the...

3In the said Part I for article 9 there shall...

Unit of account and conversion

The Unit of Account mentioned in this Convention is the...

4In Part II of this Schedule for paragraph 5 there...

5(1) For the purpose of converting from special drawing rights...

Part I Text of Convention

Chapter I. The Right of Limitation

Persons entitled to limit liability

1Shipowners and salvors, as hereinafter defined, may limit their liability...

2The term “shipowner” shall mean the owner, charterer, manager or...

3Salvor shall mean any person rendering services in direct connexion...

5In this Convention the liability of a shipowner shall include...

6An insurer of liability for claims subject to limitation in...

7The act of invoking limitation of liability shall not constitute...

Claims subject to limitation

1Subject to Articles 3 and 4 the following claims, whatever...

2Claims set out in paragraph 1 shall be subject to...

Claims excepted from limitation

The rules of this Convention shall not apply to:

(a) claims for salvage or contribution in general average;

(b) claims for oil pollution damage within the meaning of...

(c) claims subject to any international convention or national legislation...

(d) claims against the shipowner of a nuclear ship for...

(e) claims by servants of the shipowner or salvor whose...

Conduct barring limitation

A person liable shall not be entitled to limit his...

Where a person entitled to limitation of liability under the...

Chapter II. Limits of Liability

The general limits

1The limits of liability for claims other than those mentioned...

2Where the amount calculated in accordance with paragraph 1(a) is...

The limit for passenger claims

1In respect of claims arising on any distinct occasion for...

2For the purpose of this Article “claims for loss of...

Unit of Account

1The Unit of Account referred to in Articles 6 and...

Aggregation of claims

1The limits of liability determined in accordance with Article 6...

2The limits of liability determined in accordance with Article 7...

Limitation of liability without constitution of a limitation fund

1Limitation of liability may be invoked notwithstanding that a limitation...

2If limitation of liability is invoked without the constitution of...

3Questions of procedure arising under the rules of this Article...

Chapter III. The Limitation Fund

Constitution of the fund

1Any person alleged to be liable may constitute a fund...

2A fund may be constituted, either by depositing the sum,...

3A fund constituted by one of the persons mentioned in...

Distribution of the fund

1Subject to the provisions of paragraphs 1 and 2 of...

2If, before the fund is distributed, the person liable, or...

3The right of subrogation provided for in paragraph 2 may...

Bar to other actions

1Where a limitation fund has been constituted in accordance with...

2After a limitation fund has been constituted in accordance with...

3The rules of paragraphs 1 and 2 shall apply only...

Subject to the provisions of this Chapter the rules relating...

Chapter IV. Scope of Application

This Convention shall apply whenever any person referred to in...

Part II Provisions having effect in connection with Convention

1In this Part of this Schedule any reference to a...

Right to limit liability

2The right to limit liability under the Convention shall apply...

Claims subject to limitation

3(1) Paragraph 1(d) of article 2 shall not apply unless...

The general limits

5(1) In the application of article 6 to a ship...

Limit for passenger claims

6(1) In case of a ship for which there is...

Units of Account

7(1) For the purpose of converting the amounts mentioned in...

Constitution of fund

8(1) The Secretary of State may from time to time,...

Distribution of land

9No lien or other right in respect of any ship...

Bar to other actions

10Where the release of a ship or other property is...

Meaning of “court”

11References in the Convention and the preceding provisions of this...

Meaning of “ship”

12References in the Convention and in the preceding provisions of...

Meaning of “State Party”

13An Order in Council made for the purposes of this...

The Merchant Shipping (Liability of Shipowners and Others) Act 1900

1(1) In section 2(1) of the Merchant Shipping (Liability of...

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

The Crown Proceedings Act 1947

3For section 5 of the Crown Proceedings Act 1947, including...

The Hovercraft Act 1968

4In section 1(1)(i) of the Hovercraft Act 1968 for the...

The Carriage of Goods by Sea Act 1971

5In section 6(4) of the Carriage of Goods By Sea...

The Merchant Shipping (Oil Pollution) Act 1971

6(1) In sections 5(4)(b) and 7(b) of the Merchant Shipping...

Part I Maximum Fine of £50 on Summary Conviction

Part II Maximum Fine of £200 on Summary Conviction

Part III Maximum Fine of £500 on Summary Conviction

Part IV Maximum Fine of £1,000 on Summary Conviction

Part V Fine on Conviction on Indictment and Maximum Fine of £1,000 on Summary Conviction

Part VI Miscellaneous Penalties on Summary Conviction

Maximum fines of £50

1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2In subsection (2) of section 77 of the Merchant Shipping...

3In subsection (4) of section 6 of the Merchant Shipping...

4In sections 68(5), 69(5), 70(2), 71(2) and 72(4) of the...

Maximum fines of £200 and £20 a day

5In subsection (2) of section 48 of the Merchant Shipping...

6In subsections (2)(d) and (6A) of section 1 of the...

7In Schedule 1 to the Merchant Shipping (Load Lines) Act...

8In sections 2(2), 3(4), 62(6) and 65(3) of the Merchant...

9In section 77(1) of the Merchant Shipping Act 1970 (under...

10In section 667(3) of the Merchant Shipping Act 1894 (under...

11In subsection (2) of section 723 of the Merchant Shipping...

12Subsection (4) of section 724 of the Merchant Shipping Act...

13In section 76(3) of the Merchant Shipping Act 1906 (under...

14In subsection (5) of section 24 of the Merchant Shipping...

15In Schedule I to the Merchant Shipping (Load Lines) Act...

16In subsection (8) of section 9 of the Prevention of...

17In section 17(5) of the said Act of 1971 (which...

18In subsection (6) of section 3 of the Merchant Shipping...

19In subsection (9) of section 14 of the Merchant Shipping...

20In paragraph 3(2) of Schedule 5 to the Merchant Shipping...

Part VII Other Penalties

The Merchant Shipping Act 1894

1At the end of section 66 of the Merchant Shipping...

2In section 73 of the Merchant Shipping Act 1894 (which...

3In section 271 of the Merchant Shipping Act 1894 (which...

4Subsection (3) of section 360 of the Merchant Shipping Act...

5In section 419(2) of the Merchant Shipping Act 1894 (which...

6In subsection (3) of section 422 of the Merchant Shipping...

7In subsection (2) of section 446 of the Merchant Shipping...

8In section 447 of the Merchant Shipping Act 1894 (under...

9In paragraph (a) of subsection (1) of section 680 of...

10In section 692(1) of the Merchant Shipping Act 1894 (which...

11In section 692(2) of the Merchant Shipping Act 1894 (which...

12In section 696(2) of the Merchant Shipping Act 1894 (under...

13In section 702 of the Merchant Shipping Act 1894 (which...

14For section 703 of the Merchant Shipping Act 1894 (which...

The Merchant Shipping Act 1921 1921 c. 28.

15In section 2(1) of the Merchant Shipping Act 1921 (under...

The Merchant Shipping (Safety Convention) Act 1949

16In subsection (5) of section 3 of the Merchant Shipping...

The Merchant Shipping (Load Lines) Act 1967

17In section 4 of the Merchant Shipping (Load Lines) Act...

The Merchant Shipping Act 1970

18In section 19(5) of the Merchant Shipping Act 1970 (which...

19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20In section 28 of the Merchant Shipping Act 1970 (which...

21In section 30 of the Merchant Shipping Act 1970 (which...

The Merchant Shipping Act 1974

22In paragraph 5 of Schedule 2 to the Merchant Shipping...

Part I Enactments Relating to Liability of Shipowners and Salvors

Part II Other Enactments

Royal arms

Merchant Shipping Act 1979

1979 CHAPTER 39

An Act to make amendments of the law relating to pilotage, carriage by sea, liability of shipowners and salvors and pollution from ships and other amendments of the law relating to shipping, pollution and seamen.

[4th April 1979]