Merchant Shipping Act 1983

1–3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 U.K.

Textual Amendments

F1 Ss. 1–3 repealed by Merchant Shipping Act 1988 (c. 12, SIF 111), ss. 48, 57(5), Schs. 5, 7, (with s. 58(4), Sch. 8 para. 1)

4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 U.K.

Textual Amendments

F2 S. 4 repealed by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 57(5), Sch. 7, (with s. 58(4), Sch. 8 para. 1)

Small ships register U.K.

5 Separate register for small ships. U.K.

(1) The Secretary of State may by regulations make provision for the registration in the United Kingdom of small ships, being ships which—

(a) are owned wholly by persons qualified to be owners of British ships;

(b) are not fishing vessels; and

(c) if registered under Part I of the 1894 Act, are so registered in the United Kingdom.

(2) A ship registered under this section is exempt from registry under Part I of the 1894 Act.

(3) Subject to the exceptions mentioned in subsection (4) below, references (however phrased) in any enactment to ships registered under Part I of the 1894 Act in the United Kingdom or to the registered owners of such ships include a reference to ships registered under this section or, as the case may be, to owners registered under this section of such ships; and connected phrases shall be interpreted accordingly.

(4) Those exceptions are—

(a) references in Part I of the 1894 Act and in this Act; and

(b) references in any enactment prescribed by regulations under this section.

(5) Where an application for the registration under this section of a ship registered under Part I of the 1894 Act is granted—

(a) the registrar of the ship’s port of registry may, if the requirements of regulations under this section as to the closure of registration under that Part are met, close the registration of the ship under that Part by entering the closure in the register . . . F3 ; and

(b) the registration under this section shall not take effect unless the registration under that Part is closed under paragraph (a) above and, if it is so closed, shall take effect at the time of closure.

(6) Regulations under this section may provide for the payment of fees determined with the approval of the Treasury in connection with the closure under this section of registration under Part I of the 1894 Act.

(7) The registration of a ship under this section shall, if she is subsequently registered under Part I of the 1894 Act, terminate by virtue of the subsequent registration.

(8) The Schedule to this Act shall have effect for supplementing the provisions of this section.

(9) In this section and the Schedule—

• “enactment” includes an enactment comprised in subordinate legislation;

• [F4 “fishing vessel” means a fishing vessel within the meaning of Part II of the Merchant Shipping Act 1988.]

Subordinate Legislation Made

P1 S. 5: for previous exercises of this power see Index to Government Orders.

P2 S. 5: s. 5(1)(8) (with Sch. para. 2(j)) power exercised by S.I.1991/784.

Textual Amendments

F3 Word repealed by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 57(4)(5), Schs. 6, 7 (with s. 58(4), Sch. 8 para. 1)

F4 Definition substituted by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 57(4), Sch. 6, (with s. 58(4), Sch. 8 para. 1)

Modifications etc. (not altering text)

C1 S. 5 amended by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 3(3), (with s. 58(4), Sch. 8 para. 1)

C2 S. 5 applied with modifications by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 47(3)(7)

6 F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F5 S. 6 repealed by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 57(5), Sch. 7, (with s. 58(4), Sch. 8 para. 1)

Miscellaneous and supplemental U.K.

7 Regulations U.K.

Any power conferred by this Act to make regulations shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

8 Extension to British possessions, etc. U.K.

(1) Her Majesty may by Order in Council direct that any of the provisions of this Act and regulations under it shall extend, with such exceptions, adaptations and modifications (if any) as may be specified in the Order, to any of the following countries—

(a) the Isle of Man;

(b) any of the Channel Islands;

(c) any colony; and

(d) any country outside Her Majesty’s dominions in which Her Majesty has jurisdiction in right of Her Government in the United Kingdom.

(2) Her Majesty may by Order in Council specifying any country referred to in subsection (1) above direct that, with such exceptions, adaptations and modifications (if any) as may be specified in the Order, any of those provisions shall have effect as if references in them to the United Kingdom included a reference to that country.

(3) An Order under subsection (2) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

9 Small ships: amendments of Merchant Shipping Acts. U.K.

(1) Section 74(1)(c) of the 1894 Act (certain ships of 50 tons or more to show colours on entering or leaving British port) does not apply to . . . F6 any ship registered under section 5 of this Act.

(2)(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

Textual Amendments

F6 Words repealed by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 57(4)(5), Schs. 6, 7 (with s. 58(4), Sch. 8 para. 1)

F7 S. 9(2)(3) repealed (with saving) by Merchant Shipping Act 1984 (c. 5, SIF 111), s. 14(3)(4), Sch. 2

10 Construction and interpretation. U.K.

(1) This Act shall be construed as one with the Merchant Shipping Acts 1894 to 1981.

(2) In this Act—

• “small ship” means a ship less than 24 metres in length (and in this definition “length” has the same meaning as in the tonnage regulations of the 1894 Act); and

• “the 1894 Act” means the M1 Merchant Shipping Act 1894.

(3) In this Act, until the commencement of the provisions referred to in section 75 of the M2 Criminal Justice Act 1982 (construction of references to the standard scale)—

• “level 5 on the standard scale” means £1,000; and

• “level 3 on the standard scale” means £200.

Marginal Citations

M1 1894 c. 60.

M2 1982 c. 48.

11 Short title, commencement and extent. U.K.

(1) This Act may be cited as the Merchant Shipping Act 1983.

(2) This Act and the Merchant Shipping Acts 1894 to 1981 may be cited together as the Merchant Shipping Acts 1894 to 1983.

(3) This Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed for different provisions and for different purposes.

(4) This Act extends to Northern Ireland.

Modifications etc. (not altering text)

C3 Power of appointment conferred by s. 11(3) partly exercised by S.I. 1983/1435, 1601; unrepealed provisions of Act wholly in force