assign any relevant F19British possession to such one of the categories so established as appears to Her Majesty to be appropriate;

provide that, where a relevant F19British possessionhas been assigned to a category to which any such restriction on registration as is mentioned in paragraph (a) applies, no ship covered by that restriction shall be registered under F20the law of that possession;

specify circumstances in which ships may be exempted from any provision made by virtue of paragraph (c).

may make such transitional, incidental or supplementary provision as appears to Her Majesty to be necessary or expedient; and

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

for the establishment and maintenance of a register of British fishing vessels; and

for the registration in that register of fishing vessels which are, by virtue of section 14, eligible to be registered as British fishing vessels.

Part I of the 1894 Act;

section 373 of that Act (registry of British fishing boats); or

the M5Sea Fishing Boats (Scotland) Act 1886.

the vessel (being eligible to be registered as a British fishing vessel) is registered under this Part in accordance with regulations under this section, or

the end of such period beginning with the commencement of this Part as may be prescribed,

the vessel is British-owned;

the vessel is managed, and its operations are directed and controlled, from within the United Kingdom; and

any charterer, manager or operator of the vessel is a qualified person or company.

the legal title to the vessel is vested wholly in one or more qualified persons or companies; and

in connection with the implementation of any of the requirements specified in subsection (1)(a) to (c), or

in addition to the requirements so specified,

the vessel would be eligible to be registered as a British fishing vessel but for the fact that any particular individual, or (as the case may be) each of a number of particular individuals, is not a British citizen (and is accordingly not a qualified person), and

it would be appropriate to dispense with the requirement of British citizenship in the case of that individual or those individuals, in view of the length of time he has or they have resided in the United Kingdom and been involved in the fishing industry of the United Kingdom,

to investigate the eligibility of the vessel to be so registered, and

to make a report of his conclusions to the Secretary of State;

it is incorporated in the United Kingdom and has its principal place of business there;

at least the relevant percentage of its shares (taken as a whole), and of each class of its shares, is legally and beneficially owned by one or more qualified persons or companies; and

at least the relevant percentage of its directors are qualified persons;

a person who is a British citizen resident and domiciled in the United Kingdom, or

a local authority in the United Kingdom; and

that the vessel is eligible to be registered as a British fishing vessel, and

that any relevant requirements of any such regulations have been complied with in relation to the vessel,

the owner of the vessel, or

any charterer, manager or operator of the vessel,

he shall, as soon as practicable after the end of the period of 30 days beginning with the date of service of that notice, serve a notice under subsection (6) on the owner of the vessel, and

the vessel’s registration shall terminate by virtue of this subsection at the relevant time.

the Secretary of State shall serve a notice under subsection (6) on the owner of the vessel, and

the vessel’s registration shall terminate by virtue of this subsection at the relevant time.

that the Secretary of State is not satisfied that the vessel in question is eligible to be registered as a British fishing vessel, or

that the vessel has not been presented for a survey as required by a notice under subsection (4),

the Secretary of State is satisfied that the earlier failure of the vessel to be eligible to be so registered or (as the case may be) to be presented for a survey was due to inadvertence, and (in the latter case) that the vessel has since been presented for a survey, or

the Secretary of State consents to the vessel being so registered, or

in the case of a vessel whose registration terminated by virtue of section 16(3), the Secretary of State is satisfied that the vessel has been disposed of by its former registered owner by means of a transaction at arm’s length and that no person who for the time being is a relevant owner of the vessel was a relevant owner of it at the time when its registration terminated.

the legal title to the vessel or any share in it is vested in that person, or

the vessel or any share in it is beneficially owned by that person, or

any shares in a company falling within paragraph (a) or (b) above are legally or beneficially owned by that person,

the property in the vessel shall be divided into 64 shares;

except as provided by paragraph (c), the number of persons registered as owners of the vessel shall not at any time exceed 64;

any number of persons not exceeding five may be registered as joint owners of the vessel or of any share in the vessel (but for the purposes of paragraph (b) the registered joint owners of any such share shall be treated as constituting one person);

a registered joint owner of the vessel or of any share in the vessel shall not be entitled to dispose of his interest in the vessel or share separately from the interest or interests in it of the other joint owner or joint owners; and

a person shall not be entitled to be registered as the owner of a fractional part of a share in the vessel.

a registered vessel (not being a vessel registered in pursuance of paragraph 2(c) of Schedule 2), or

a share in any such vessel,

is in such form as may be prescribed or approved by the Secretary of State; and

contains a description of the vessel sufficient to identify the vessel to the satisfaction of the Secretary of State.

he has made an application for the purpose in accordance with regulations under section 13 and has produced to the Secretary of State the bill of sale by which the vessel or share has been so transferred, and

the Secretary of State is satisfied as mentioned in section 15(1);

register the bill of sale referred to in paragraph (a) of that subsection by causing the applicant’s name to be entered in the register as owner of the vessel or share in question, and

endorse on the bill of sale the fact that that entry has been made, together with the date and time when it was made.

the Secretary of State shall serve a notice under subsection (7) on the owner of the vessel; and

the vessel’s registration shall terminate by virtue of this subsection at the end of the period of 14 days beginning with the date of service of that notice.

that the Secretary of State is not satisfied that the vessel in question is eligible to be registered as a British fishing vessel; and

that the vessel’s registration will accordingly terminate by virtue of subsection (6) at the end of the period referred to in that subsection.

he has made an application for the purpose in accordance with regulations under section 13 and has produced to the Secretary of State such evidence of the transmission as may be prescribed; and

the Secretary of State is satisfied as mentioned in section 15(1);

the Secretary of State shall serve a notice under subsection (5) on the owner of the vessel; and

the vessel’s registration shall terminate by virtue of this subsection at the end of the period of 14 days beginning with the date of service of that notice.

that the Secretary of State is not satisfied that the vessel in question is eligible to be registered as a British fishing vessel; and

that the vessel’s registration will accordingly terminate by virtue of subsection (4) at the end of the period referred to in that subsection.

the skipper, the owner and any charterer of the vessel shall each be guilty of an offence; and

the vessel shall be liable to forfeiture.

eligible to be registered under this Part, or

wholly owned by one or more persons qualified to be owners of British ships for the purposes of Part I of the 1894 Act,

the skipper, the owner and any charterer of the vessel shall each be guilty of an offence; and

the vessel shall be liable to forfeiture.

it is eligible to be registered under this Part, or

it is wholly owned by one or more such persons as are mentioned in subsection (2)(b), or

(subject to subsection (8)) any prescribed marks are displayed on it,

the payment of dues, fees or other charges;

liability to fines and forfeiture; and

the punishment of offences committed on board the vessel, or by any persons belonging to it.

any change affecting the eligibility of the vessel to be registered as a British fishing vessel, or

any change (not falling within paragraph (a)) in the percentage of the property in the vessel which is beneficially owned by persons who are qualified persons or companies within the meaning of section 14,

in connection with the registration of any vessel or the making of any other entry in the register in pursuance of this Part, or

in purported compliance with the requirements of any notice under section 16(1),

on summary conviction, to a fine not exceeding £50,000;

on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both.

in England and Wales, except by or with the consent of the Attorney General, the Secretary of State or the Minister; or

in Northern Ireland, except by or with the consent of the Attorney General for Northern Ireland, the Secretary of State or the Minister.

in relation to England and Wales, means the Minister of Agriculture, Fisheries and Food; and

in relation to Northern Ireland, means the Secretary of State concerned with sea fishing in Northern Ireland.

section 69 (penalty for unduly assuming British character), and

section 71 (penalty for acquiring ownership if unqualified),

this Part of this Act, and

any regulations made under it,

the owner of a ship registered in the British Islands, or

any manager of a ship so registered, being either an individual ordinarily resident in the British Islands or a body corporate which is incorporated in the British Islands and has its principal place of business there,

the nationality of any person in relation to whom any such costs as are mentioned in subsection (1) are incurred;

the ordinary residence of any such person;

the place (outside the Limited European trading area) where any such person joins or leaves his ship.

the crew of a ship shall be taken to include the master and other officers of the ship; and

“the Limited European trading area” has the same meaning as it has for the purposes of any regulations made under section 43 of the M10Merchant Shipping Act 1970 (regulations about manning).

for call-out notices to be served on members of the Reserve;

for the requirements to be complied with by persons on whom such notices have been served;

as to the uniform and equipment with which members of the Reserve are to be provided;

for regulating the conduct and discipline of members of the Reserve who have entered into service, and for securing their attendance at their places of duty;

for the imposition of fines, or the forfeiture of pay or other amounts, for misconduct or breaches of discipline or for contraventions of provisions of the regulations.

the provisions of the M11Reserve Forces (Safeguard of Employment) Act 1985 shall apply to that person as if any service rendered by him in pursuance of the call-out were whole-time service within the meaning of that Act; and

any service so rendered shall be relevant service within the meaning of the M12Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951.

a ship in a port in the United Kingdom, or

a ship registered in the United Kingdom which is in any other port,

directly, under the terms of a charter-party or management agreement made with the owner, or

indirectly, under the terms of a series of charter-parties or management agreements,

undermanning;

overloading or unsafe or improper loading;

any other matter relevant to the safety of the ship.

on summary conviction, to a fine not exceeding £50,000;

on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both.

arrangements had been made which were appropriate to ensure that before the ship went to sea it was made fit to do so without serious danger to human life by reason of the matters falling within subsection (3) which are specified in the charge (or, in Scotland, which are libelled in the complaint, petition or indictment); or

it was reasonable for such arrangements not to have been made.

that in all the circumstances of the case the defendant had taken such steps as it was reasonable for him to take, and exercised such diligence as it was reasonable for him to exercise, to secure the proper discharge of the relevant responsibilities during the period during which they had been assumed by some other person or persons as mentioned in paragraph (a);

whether prior to the time of the alleged offence the defendant was, or in all the circumstances ought reasonably to have been, aware of any deficiency in the discharge of the relevant responsibilities; and

in England and Wales, except by or with the consent of the Secretary of State or the Director of Public Prosecutions;

in Northern Ireland, except by or with the consent of the Secretary of State or the Director of Public Prosecutions for Northern Ireland.

state that the relevant inspector is of the opinion that the ship is an unsafe ship;

specify the matters which, in the relevant inspector’s opinion, make the ship an unsafe ship; and

prohibit the ship from going to sea until it is released by competent authority.

any ship registered in the United Kingdom; and

on summary conviction, to a fine not exceeding £50,000;

on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both.

is chartered by demise, or

is managed, either wholly or in part, by a person other than the owner under the terms of a management agreement within the meaning of section 30,

in England and Wales, except by or with the consent of the Secretary of State or the Director of Public Prosecutions;

in Northern Ireland, except by or with the consent of the Secretary of State or the Director of Public Prosecutions for Northern Ireland.

such other accidents involving ships or ships’ boats as the Secretary of State may determine.

with respect to the definition of “accident” for the purposes of this section and the regulations;

imposing requirements as to the reporting of accidents;

prohibiting, pending investigation, access to or interference with any ship or ship’s boat involved in an accident;

authorising any person, so far as may be necessary for the purpose of determining whether an investigation should be carried out, to have access to, examine, remove, test, take measures for the preservation of, or otherwise deal with, any such ship or boat or any other ship or ship’s boat;

specifying, with respect to the investigation of accidents, the functions of the Chief Inspector of Marine Accidents (which may include the function of determining whether, and if so by whom, particular accidents should be investigated), the functions of other inspectors of marine accidents, and the manner in which any such functions are to be discharged;

for the appointment by the Chief Inspector of Marine Accidents, in such circumstances as may be specified in the regulations, of persons to carry out investigations under this section who are not inspectors of marine accidents;

for the appointment by any Minister of the Crown of persons to review any findings or conclusions of a person carrying out an investigation under this section;

for the procedure to be followed in connection with investigations or reviews under this section;

for conferring on persons discharging functions under the regulations who are not inspectors of marine accidents all or any of the powers conferred on an inspector by section 27 of the M14Merchant Shipping Act 1979;

for the submission to the Secretary of State, and the publication by him, of reports of investigations or reviews under this section;

for the publication by the Chief Inspector of Marine Accidents of reports and other information relating to accidents.

the loss or destruction of or serious damage to any ship or structure,

the death of or serious injury to any person, or

environmental damage,

references to an accident involving a ship or ship’s boat include references to an accident occurring on board a ship or ship’s boat (and any reference to a ship or ship’s boat involved in an accident shall be construed accordingly); and

“ship’s boat” includes a liferaft.

prohibit transfers of any specified description or prohibit transfers if, or unless, carried out in specified areas, circumstances or ways;

provide for proposed transfers to be notified to and approved by persons appointed by the Secretary of State or another person, and for the supervision of transfers, and the inspection of ships and equipment, by persons so appointed;

provide for the making and keeping of records about ships and equipment, the issuing of certificates, and the furnishing of information;

require the payment of fees determined with the approval of the Treasury;

provide for the granting by the Secretary of State or another person of exemptions from specified provisions of the regulations, on such terms (if any) as the Secretary of State or that other person may specify, and for altering or cancelling exemptions;

limit any provision of the regulations to specified cases or kinds of case.

that a contravention of the regulations shall be an offence punishable on summary conviction by a fine not exceeding £25,000 and on conviction on indictment by imprisonment for a term not exceeding two years or a fine or both;

that any such contravention shall be an offence punishable only on summary conviction by a fine not exceeding £25,000 or such lower amount as is prescribed by the regulations;

that, in such cases as are prescribed by the regulations, such persons as are so prescribed shall each be guilty of an offence created by virtue of paragraph (a) or (b) above.

in paragraph (a), for “high water mark of ordinary spring tides” there shall be substituted “ the level of mean high water springs ”;

in paragraph (c), for “low water mark of ordinary spring tides” there shall be substituted “ the level of mean low water springs ”; and

for the words from “so that” onwards there shall be substituted “ if the operation (whether while being carried out or subsequently) causes or is likely to result in obstruction or danger to navigation. ”

after subsection (1) there shall be inserted—

in subsection (2), for “the last foregoing subsection” there shall be substituted “ subsection (1) of this section ”; and

in subsection (4), after “from the person” there shall be inserted “ on whom the notice was served under subsection (2) of this section or (if no such notice was served) from the person ”.

in subsection (1), in the definitions of “sea” and “seashore”, for “the next following subsection” there shall be substituted “ subsections (2) and (2A) of this section ”; and

the following subsection shall be inserted after subsection (2)—

it appears to the Secretary of State that any harbour authority have, by virtue of any statutory provision, power to license or otherwise regulate operations of any description falling within any of paragraphs (a) to (c) of section 34(1) of the M2Coast Protection Act 1949 (“the relevant power”), and

he considers it appropriate to do so,he may make regulations providing for section 34 of that Act not to apply to operations of that description in relation to which the relevant power is exercisable and which are carried out within such area or areas falling within the jurisdiction of that harbour authority as may be specified in the regulations (“the prescribed operations”); and, if he does so, the relevant power shall be exercisable by the harbour authority, in relation to the prescribed operations, subject to and in accordance with the following provisions of this section.

enabling representations to be made with respect to any such application in such manner as may be specified in the regulations;

requiring the authority, when determining any such application, to have regard to any representations made in accordance with the regulations so far as touching on any consideration material to the authority’s decision on the application;

for the operation of any such licence to be suspended during the period during which such an appeal may be brought and, if such an appeal is brought by a person other than the applicant, until such time (if any) as the authority’s decision on the application is affirmed by the Secretary of State;

authorising the Secretary of State on such an appeal to do any of the things mentioned in subsection (6)(a) to (c) below;

any regulations under this section are in force in relation to a harbour authority, and

the authority have determined an application made to them for the grant, in the exercise of the relevant power, of a licence to carry out a prescribed operation, and

no appeal has been brought (whether under the regulations or otherwise) in respect of their determination of the application, but

the Secretary of State considers that it would be appropriate in the interests of the safety of navigation for the application to be redetermined by him,

the Secretary of State shall serve a copy of that notice on the applicant and shall, in such manner as he thinks fit, advertise the fact that the application is to be redetermined by him; and

the operation of any licence granted by the authority in pursuance of the application shall be suspended until such time (if any) as the authority’s decision to grant the licence is affirmed by the Secretary of State under subsection (6).

direct the harbour authority to cancel any licence granted by them in pursuance of the application; or

affirm the harbour authority’s determination of the application.

in the form in which it was originally applied for by the applicant, or

in that form but subject to such modifications as are specified in the direction,

on the application of the harbour authority, or

of his own motion after consulting the authority.

before the operation to which the licence relates has been begun, with written particulars of the operation and with a plan showing where it is to be carried out, and

once the operation has been carried out, with a notification of that fact, and with such plans and additional information relating to the completed operation as he may require for the purpose of determining whether, and if so what, changes should be made to any chart or other publication produced under his superintendence.

at the beginning of each of subsections (1) and (2) there shall be inserted “Subject to subsection (2A) below,”;

after subsection (2) there shall be inserted—

in subsection (4), after “recites” there shall be inserted “that it is made as mentioned in subsection (2A) above, or”.

the carriage of passengers by sea on voyages or excursions beginning and ending at the same port in the United Kingdom, other than voyages or excursions which involve calling at any port or ports outside the British Islands (whether passengers disembark there or not); and

with respect to the circumstances in which shipping services are to be regarded for the purposes of the order as being provided from one or more permanent places of business maintained in the British Islands;

authorising the Secretary of State to issue licences sanctioning the provision of shipping services to which this section applies, notwithstanding that they are not provided as mentioned in paragraph (a) above, in cases where he is satisfied that there is no-one willing and able to provide the services in question as mentioned in that paragraph;

requiring the payment, in connection with applications for such licences, of fees determined with the approval of the Treasury;

exempting any prescribed class or description of shipping services from any prohibition imposed by virtue of subsection (1);

authorising the Secretary of State, or a person appointed by him for the purpose, to serve notices requiring the production or furnishing of documents or information appearing to the Secretary of State or any such person to be necessary to enable him to determine such matters as may be prescribed;

with respect to the manner of service of notices in pursuance of paragraph (e).

make different provision for different circumstances;

make such transitional, incidental or supplementary provision as appears to the Secretary of State to be necessary or expedient.

any order under this section, or

any licence issued by virtue of subsection (3)(b) above,

the carriage of goods or passengers by sea,

services provided by offshore support vessels, and

such other services provided by means of ships as the Secretary of State may specify in an order under this section;

any ship is used in the course of the provision of any shipping services to which section 39 applies, or

anything is done on board a ship with a view to its being used to provide any such services,

is chartered by demise, or

is managed, either wholly or in part, by a person other than the owner under the terms of a management agreement,

in connection with an application for such a licence as is mentioned in subsection (3)(b) of section 39, or

in purported compliance with the requirements of any notice served on him by virtue of subsection (3)(e) of that section,

without reasonable excuse (the proof of which lies on him) fails to comply with the requirements of any such notice, or

intentionally alters, suppresses, conceals or destroys a document which he has been required to produce in pursuance of subsection (3)(e) of that section,

on summary conviction, to a fine not exceeding £50,000;

on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both.

that the master did not know and had no reason to suspect that, in the circumstances of the case, the provision of the shipping services referred to in paragraph (a) or (as the case may be) paragraph (b) of that subsection was prohibited by virtue of subsection (1) of section 39, or

that the master had reasonable grounds for believing that the provision of those services was sanctioned by a licence issued by virtue of subsection (3)(b) of that section.

in England and Wales, except by or with the consent of the Attorney General or the Secretary of State; or

in Northern Ireland, except by or with the consent of the Attorney General for Northern Ireland or the Secretary of State.

the owner of the ship in question, or

such a charterer by demise or manager of that ship as is mentioned in subsection (2),

by summons require any person to attend, at a time and place stated in the summons, to give evidence or to produce any documents in his custody or under his control which relate to any matter in question at the inquiry; and

take evidence on oath (and for that purpose administer oaths) or, instead of administering an oath, require the person examined to make a solemn affirmation.

it appears to them that there is no just excuse for the failure,

commit him to custody until the end of such period not exceeding one month as may be specified in the warrant or until he gives evidence or produces the document (whichever occurs first), or

impose on him a fine not exceeding £1,000,

for “Subsection (3) of this section does” there shall be substituted “The provisions of subsection (3) or (3C) of this section shall”; and

for “that subsection” there shall be substituted “those provisions”.

in subsection (1), for “subsection (4)” there shall be substituted “subsections (3A) and (4)”; and

the following subsection shall be inserted after subsection (3)—

there is in force under section 80 of the M24Merchant Shipping Act 1906 (Government ships) an Order in Council providing for the registration of Government ships in the service of the relevant department.

the provisions of the Order in Council referred to in subsection (1)(b) (excluding those relating to registration under the Order), and

the provisions of the Merchant Shipping Acts (as they apply by virtue of the Merchant Shipping Act 1906 and that Order in Council),

shall not have effect in accordance with that subsection in relation to a ship to which this section applies, or

shall so have effect in relation to such a ship, but subject to such modifications as are specified in the Order.

may make such transitional, incidental or supplementary provision as appears to Her Majesty to be necessary or expedient; and

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

the provisions of Part I of the 1894 Act down to and including section 67 of that Act;

section 5 of the M26Merchant Shipping Act 1983; and

Parts I and II of this Act.