Part I Registration of British Ships

Preliminary

F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Registration under Part I of 1894 Act

F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F99. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1010. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Registration in overseas territories

F1111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12part ii

Annotations:
Amendments (Textual)
F12

Ss. 12-25 (Pt. II) repealed (21.3.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt.1; S.I. 1993/3137, art. 3(1), Sch.1.

Preliminary

12 Interpretation of Part II, etc.

1

In this Part (unless the context otherwise requires)—

  • “fishing vessel” means a vessel for the time being used (or, in the context of an application for registration, intended to be used) for or in connection with fishing for sea fish, other than a vessel used (or intended to be used) for fishing otherwise than for profit;

  • “fishing vessel survey rules” has the meaning given by section 2 of the M5Fishing Vessels (Safety Provisions) Act 1970, and any reference to a survey under the fishing vessel survey rules is a reference to such a survey carried out in the United Kingdom;

  • “owner”, in relation to a registered fishing vessel, means registered owner;

  • “prescribed” means prescribed by regulations under section 13;

  • “the register” means the register of British fishing vessels referred to in section 13(1)(a);

  • “registered” and “registration” mean respectively registered and registration in the register;

  • “sea fish” includes shellfish, salmon and migratory trout (as defined by section 44 of the M6Fisheries Act 1981);

  • “share”, in relation to a fishing vessel, means one of the shares into which the property in the vessel is divided, for the purposes of registration, in accordance with section 18.

2

It is hereby declared that a vessel for the time being used (or intended to be used) wholly for the purpose of conveying persons wishing to fish for pleasure is not a fishing vessel for the purposes of this Part.

3

References in this Part to a fishing vessel being eligible to be registered as a British fishing vessel shall be construed in accordance with section 14.

4

For the purposes of this Part the beneficial ownership of a fishing vessel shall be determined by reference to every beneficial interest in that vessel, however arising (whether held by a trustee or nominee or arising under a contract or otherwise), other than an interest held by any person as mortgagee.

New system of registration for fishing vessels

13 Separate registration of fishing vessels.

1

The Secretary of State shall by regulations make provision—

a

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

b

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

2

Subject to subsection (3), a fishing vessel shall no longer be capable of being registered under any of the following enactments, namely—

a

Part I of the 1894 Act;

b

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

c

the M7Sea Fishing Boats (Scotland) Act 1886.

C23

Where any fishing vessel is registered under any of those enactments immediately before the commencement of this Part, the registration of the vessel under that enactment shall (notwithstanding any repeals made by this Act) continue in force until—

a

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

b

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

whichever first occurs.

4

Any fishing vessel whose registration under any of those enactments continues in force by virtue of subsection (3) shall be deemed to be a vessel registered under this Part for the purposes of sections 19, 20 and 22 below.

5

Where a fishing vessel becomes registered under this Part at a time when it is already registered under the law of any country outside the United Kingdom, the owner of the vessel shall take all reasonable steps to secure the termination of the vessel’s registration under the law of that country.

6

Any person who contravenes subsection (5) shall be guilty of an offence and liable on summary conviction to a fine not exceeding the third level on the standard scale.

7

Schedule 2 shall have effect for the purpose of supplementing this section.

14 Eligibility for registration as British fishing vessel. C3

1

Subject to subsections (3) and (4), a fishing vessel shall only be eligible to be registered as a British fishing vessel if—

a

the vessel is British-owned;

b

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

c

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

2

For the purposes of subsection (1)(a) a fishing vessel is British-owned if—

a

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

b

the vessel is beneficially owned—

i

as to not less than the relevant percentage of the property in the vessel, by one or more qualified persons, or

ii

wholly by a qualified company or companies, or

iii

by one or more qualified companies and, as to not less than the relevant percentage of the remainder of the property in the vessel, by one or more qualified persons.

3

The Secretary of State may by regulations specify further requirements which must be satisfied in order for a fishing vessel to be eligible to be registered as a British fishing vessel, being requirements imposed—

a

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

b

in addition to the requirements so specified,

and appearing to the Secretary of State to be appropriate for securing that such a vessel has a genuine and substantial connection with the United Kingdom.

4

Where, in the case of any fishing vessel, the Secretary of State is satisfied that—

a

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

b

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,

the Secretary of State may determine that that requirement should be so dispensed with; and, if he does so, the vessel shall, so long as paragraph (a) above applies to it and any such determination remains in force, be treated for the purposes of this Part as eligible to be registered as a British fishing vessel.

5

Where any share in a vessel is beneficially owned jointly by persons not all of whom are qualified persons or companies, then, for the purposes of this section, the whole of that share shall be treated as beneficially owned by persons who are not qualified persons or companies.

6

For the purpose of determining whether a fishing vessel is eligible to be registered as a British fishing vessel, the Secretary of State may, if he thinks fit, appoint a person—

a

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

b

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

and any person so appointed shall, for the purpose of conducting the investigation, have the powers conferred on an inspector by the provisions of section 27 of the M8Merchant Shipping Act 1979 (other than paragraphs (d) to (h) of subsection (1) of that section).

7

In this section—

  • “qualified company” means a company which satisfies the following conditions, namely—

a

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

b

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

c

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

  • “qualified person” means—

a

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

b

a local authority in the United Kingdom; and

“the relevant percentage” means 75 per cent. or such greater percentage (which may be 100 per cent.) as may for the time being be prescribed.

15 Grant or refusal of applications for registration of fishing vessels.

1

If, on an application for the registration of a fishing vessel made in accordance with regulations under section 13, the Secretary of State is satisfied—

a

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

b

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

he shall (subject to subsection (2)) cause the vessel to be registered as a British fishing vessel.

2

Notwithstanding that the Secretary of State is so satisfied, he may refuse any such application if he is satisfied that there is not in force in respect of the vessel any certificate required to be so in force by virtue of section 4 of the M9Fishing Vessels (Safety Provisions) Act 1970 (prohibition on going to sea without appropriate certificates).

3

If, on any such application, the Secretary of State is not satisfied as mentioned in subsection (1), he shall refuse the application.

16 Termination of registration where vessel is not eligible for registration or is not certificated.

C41

If for any reason it appears to the Secretary of State that a registered vessel may no longer be eligible to be registered as a British fishing vessel, he may by notice served on—

a

the owner of the vessel, or

b

any charterer, manager or operator of the vessel,

require that person, at such time or times as may be specified in the notice—

i

to produce to the Secretary of State such documents or descriptions of documents specified in the notice, and

ii

to furnish to him, in such form as may be specified in the notice, such accounts, estimates, returns or other information (of whatever nature) specified in the notice,

as the Secretary of State thinks necessary for the purpose of determining whether the vessel is eligible to be so registered.

2

In a case where the owner of a registered vessel is a company, subsection (1) shall apply to any person holding any shares in the company as it applies to the company.

3

Where the Secretary of State has served a notice under subsection (1) with respect to any vessel, then, unless he has become satisfied that the vessel is eligible to be registered as a British fishing vessel—

a

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

b

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

C44

Where it appears to the Secretary of State that there is not in force in respect of any registered vessel any such certificate as is mentioned in section 15(2), he may by notice served on the owner of the vessel require the vessel to be presented for a survey under the fishing vessel survey rules within the period of 30 days beginning with the date of service of the notice.

5

If the vessel is not presented for such a survey within that period—

a

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

b

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

6

A notice under this subsection is a notice stating—

a

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

b

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

as the case may be, and that the vessel’s registration will accordingly terminate at the relevant time by virtue of subsection (3) or (5).

7

In this section “the relevant time”, in relation to a notice under subsection (6), means the end of the period of 14 days beginning with the date of service of that notice.

17 Consequences of termination of registration by virtue of s.16.

1

Where the registration of any vessel has terminated by virtue of section 16(3) or (5), then, without prejudice to the operation of any other provision of this Part of this Act or of regulations under section 13, the vessel shall not again be registered as a British fishing vessel unless—

a

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

b

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

c

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.

2

In subsection (1)(a) “survey” means a survey under the fishing vessel survey rules.

3

For the purposes of subsection (1)(c) a person is a relevant owner of a vessel at any time if at that time—

a

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

b

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

c

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

whether vested in, or (as the case may be) owned by, that person alone or together with any other person or persons.

18 Registration of property in fishing vessels.

1

For the purposes of the registration of a fishing vessel—

a

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

b

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

c

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);

d

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

e

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

2

Subsection (1)(b) and (c) do not prejudice any beneficial interest of any person represented by or claiming under or through a registered owner (including a registered joint owner).

Transfers etc. of registered vessels

19 Transfer of vessel or share by bill of sale. C5

1

Any transfer of—

a

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

b

a share in any such vessel,

shall be effected by a bill of sale satisfying the requirements specified in subsection (2), unless the transfer will result in the vessel ceasing to be British-owned for the purposes of section 14(1)(a).

2

Those requirements are that the bill of sale—

a

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

b

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

3

Where any such vessel or share has been transferred in accordance with subsection (1), the transferee shall not be registered as owner of the vessel or share unless—

a

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

b

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

and section 15(2) and (3) shall apply in relation to an application under this subsection as they apply in relation to an application for the registration of a fishing vessel.

4

If an application under subsection (3) is granted by the Secretary of State, the Secretary of State shall—

a

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

b

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

5

Bills of sale shall be registered under subsection (4) in the order in which they are produced to the Secretary of State for the purposes of registration.

6

If on an application under subsection (3) the Secretary of State is not satisfied that the vessel with respect to which the application is made is eligible to be registered as a British fishing vessel—

a

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

b

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.

7

A notice under this subsection is a notice stating—

a

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

b

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

20 Transmission of property in vessel or share other than under s.19. C6

1

Where a registered vessel, or a share in a registered vessel, is transmitted to any person by any lawful means other than by a transfer under section 19, that person shall not be registered as owner of the vessel or share unless—

a

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

b

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

and section 15(2) and (3) shall apply in relation to an application under this subsection as they apply in relation to an application for the registration of a fishing vessel.

2

If an application under subsection (1) is granted by the Secretary of State, he shall cause the applicant’s name to be entered in the register as owner of the vessel or share.

3

The preceding provisions of this section shall apply in relation to the transmission of the interest of a joint owner in a registered vessel or in a share in any such vessel as they apply in relation to the transmission of any such vessel or share, except that anything required to be done by virtue of subsection (1)(a) shall be done by both or all of the joint owners of the vessel or share.

4

If on an application under subsection (1) the Secretary of State is not satisfied that the vessel with respect to which the application is made is eligible to be registered as a British fishing vessel—

a

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

b

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.

5

A notice under this subsection is a notice stating—

a

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

b

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

Mortgages of registered vessels

21 Mortgages of registered vessels.

1

Schedule 3 to this Act (which makes provision with respect to the registration of mortgages) shall have effect.

2

Where the registration of any fishing vessel terminates by virtue of any provision of this Act, the termination of that registration shall not affect any entry made in the register under Schedule 3 so far as relating to any undischarged registered mortgage of that vessel or of any share in it.

3

In subsection (2) “registered mortgage” has the same meaning as in Schedule 3.

Unregistered fishing vessels

22 Offences relating to, and liabilities of, unregistered fishing vessels.

1

If any fishing vessel to which this subsection applies fishes for profit—

a

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

b

the vessel shall be liable to forfeiture.

2

Subsection (1) applies to any fishing vessel which is either—

a

eligible to be registered under this Part, or

b

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

but is neither registered under this Part nor excluded from registration by regulations under section 13 nor registered under the law of any country outside the United Kingdom.

3

Subsection (1) also applies to any fishing vessel which (notwithstanding that it is not entitled to be so registered) is for the time being registered in the United Kingdom under Part I of the 1894 Act or section 5 of the M10Merchant Shipping Act 1983 (registration of small ships).

4

Subject to subsection (8), if any prescribed marks are displayed on a fishing vessel which is not a registered vessel, the skipper, the owner and any charterer of the vessel shall each be guilty of an offence.

5

If the skipper or owner of a fishing vessel which is not a registered vessel does anything, or permits anything to be done, for the purpose of causing the vessel to appear to be a registered vessel, then (subject to subsection (8))—

a

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

b

the vessel shall be liable to forfeiture.

6

Where a fishing vessel is not a British ship and is not registered under the law of any country outside the United Kingdom, but—

a

it is eligible to be registered under this Part, or

b

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

c

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

then (notwithstanding that the vessel is not entitled to any benefits, privileges, advantages or protection usually enjoyed by a British ship) the vessel shall, for the purposes mentioned in subsection (7), be dealt with in the same manner in all respects as if the vessel were a British ship.

7

Those purposes are—

a

the payment of dues, fees or other charges;

b

liability to fines and forfeiture; and

c

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

8

Where the registration of any vessel has terminated by virtue of any provision of this Part, any prescribed marks displayed on the vessel within the period of 14 days beginning with the date of termination of that registration shall be disregarded for the purposes of subsections (4) to (6).

9

Subsections (1), (4) and (5)(a) apply to offences falling within those provisions wherever committed.

10

Section 76 of the 1894 Act (proceedings on forfeiture of ship) shall apply to any vessel liable to forfeiture under this section as it applies to any such ship as is mentioned in subsection (1) of that section.

Supplemental

23 Notification of changes in ownership etc., and offences relating to furnishing of information.

1

If at any time there occurs, in relation to a registered vessel—

a

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

b

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,

the owner of the vessel shall, as soon as practicable after the change occurs, notify the Secretary of State in writing of that change.

2

Any person who contravenes subsection (1) shall be guilty of an offence.

3

Any person who—

a

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

b

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

knowingly or recklessly furnishes information which is false in a material particular shall be guilty of an offence.

4

Any person who intentionally alters, suppresses, conceals or destroys a document which he has been required to produce by a notice under section 16(1) shall be guilty of an offence.

24 Penalties for offences under s. 22 or 23 and other provisions relating to such offences.

1

Any person guilty of an offence under section 22 or 23 shall be liable—

a

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

b

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

2

Proceedings for an offence under section 22 or 23 shall not be instituted—

a

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

b

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

3

Proceedings for an offence under section 22 may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.

4

In this section “the Minister”—

a

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

b

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

25 Application of other enactments, etc.

1

Any reference (however phrased) in any statutory provision not contained in this Act to the registration of a fishing vessel under any of the enactments specified in section 13(2) shall, so far as the context permits, be construed as, or as including, a reference to the registration of a fishing vessel under this Part; and connected phrases shall be construed accordingly.

2

The following provisions of the 1894 Act, namely—

a

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

b

section 71 (penalty for acquiring ownership if unqualified),

shall not apply to a registered vessel; and section 72 of that Act (liabilities of unregistered ships) shall not apply to a fishing vessel (whether registered or not).

3

Sections 8 and 9 of the M11Sea Fisheries Act 1968 (general powers of British sea-fishery officers and powers of sea-fishery officers to enforce conventions) shall apply in relation to—

a

this Part of this Act, and

b

any regulations made under it,

as they apply in relation to any order mentioned in section 8 of that Act and in relation to any convention mentioned in section 9 of that Act respectively; and sections 10 to 12 and 14 of that Act (offences and supplemental provisions as to legal proceedings) shall apply accordingly.

4

A document purporting to be a copy of any information contained in an entry in the register and to be certified as a true copy by an authorised officer of the Secretary of State shall be evidence (and, in Scotland, sufficient evidence) of the matters stated in the document.

Part III Miscellaneous Provisions relating to Merchant Shipping etc.

Financial assistance

F1326. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1427. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Merchant Navy Reserve

F1528. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1629. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Safety of navigation, oil pollution etc.

F1730. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1830A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1931. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2032. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2133. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2234. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2335. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

36 Amendments of Coast Protection Act 1949 relating to safety of navigation.

1

The M1Coast Protection Act 1949 shall be amended as follows.

2

In section 34(1) (restriction of works detrimental to navigation and carried out below high water mark of ordinary spring tides)—

a

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

b

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

c

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. ”

3

The following subsection shall be inserted after section 34(3)—

3A

Any reference in subsection (1) or (3) above to an operation being likely to result in obstruction or danger to navigation shall, in the case of an operation falling within subsection (1)(a) above, be construed as including a reference to its being likely to result in obstruction or danger to navigation by reason of any use intended to be made of the works in question when constructed, altered or improved.

4

The following subsection shall be inserted after section 34(4)—

4A

Any condition subject to which the Secretary of State has given his consent for an operation falling within subsection (1)(a) of this section—

a

shall (subject to paragraph (d) below) either remain in force for a specified period or remain in force without limit of time;

b

shall (in addition to binding the person to whom the consent is given) bind, so far as is appropriate, any other person who for the time being owns, occupies, or enjoys any use of, the works in question;

c

may, if the condition relates—

i

to the provision of any lights, signals or other aids to navigation, or

ii

to the stationing of guard ships in the vicinity of the works in question or to the taking of any other measures for the purpose of, or in connection with, controlling the movements of ships in the vicinity of those works,

be varied by the Secretary of State in the interests of the safety of navigation (whether or not the operation has been completed) in such manner as he thinks fit for the purpose of enhancing the effectiveness of any such aids or measures as are mentioned in sub-paragraph (i) or (ii) above; and

d

may, if the Secretary of State thinks fit, be revoked by him.

5

In section 36 (enforcement of section 34)—

a

after subsection (1) there shall be inserted—

1A

Where a person is bound by any condition subject to which any such consent has been given under that section but is not the person to whom the consent was given, then, for the purposes of subsection (1) of this section, he shall not be taken to have failed to comply with the condition unless—

a

he has been served by the Secretary of State with a notice requiring him to comply with the condition within such period (not being less than thirty days) as may be specified in the notice; and

b

he has failed to comply with the condition within that period

b

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

c

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 ”.

6

After section 36 insert—

36A Imposition by Secretary of State of safety requirements in cases of emergency.

1

Where at any time after the Secretary of State has given his consent for an operation falling within section 34(1)(a) of this Act (“the relevant consent”), it appears to him—

a

that any danger to navigation has arisen by reason of—

i

any substantial damage to any works to which that consent relates, or

ii

any other substantial and unforeseen change in the state or position of any such works, and

b

that it is urgently necessary to do so in the interests of the safety of navigation,

he may, by notice served on the person to whom the consent was given, impose on that person such requirements as he thinks fit with respect to any of the matters referred to in subsection (2) below.

2

Those matters are—

a

the provision on, or in the vicinity of, the works in question of any lights, signals or other aids to navigation, and

b

the stationing of guard ships in the vicinity of those works.

3

Where the person on whom a notice is served under subsection (1) above fails to comply with any requirements of the notice within the period of 24 hours beginning with the time when it is served on him or as soon after the end of that period as is reasonably practicable, the Secretary of State may make such arrangements as he thinks fit for the purpose of securing that those requirements are implemented.

4

Where under subsection (3) above the Secretary of State makes any such arrangements, he shall be entitled to recover the cost, as certified by him, of making those arrangements from such one or more of the following, namely—

a

the person to whom the relevant consent was given, and

b

any other person or persons who is or are, in accordance with section 34(4A)(b) of this Act, bound by any condition subject to which that consent was given,

as he thinks fit.

5

Once the requirements of a notice under subsection (1) above have been complied with by the person on whom it was served, or implemented in accordance with arrangements made by the Secretary of State under subsection (3) above, those requirements shall, subject to subsection (6) below, be treated for the purposes of this Part of this Act as conditions subject to which the relevant consent was given.

6

Section 34(4A)(a) and (d) of this Act shall not apply to any such requirements; but if it appears to the Secretary of State (whether on the application of any person or otherwise) that the circumstances giving rise to the urgent necessity for the imposition of the requirements no longer exist, he shall revoke them by notice served on the person to whom the relevant consent was given.

7

Where the Secretary of State has served a notice under subsection (1) above in respect of any particular circumstances, subsection (5) above shall not preclude him from serving a further notice under subsection (1) in respect of those circumstances.

8

A notice may be served by the Secretary of State under subsection (1) above whether or not—

a

the operation in question has been completed, or

b

any condition was imposed by him, on giving the relevant consent, with respect to any of the matters referred to in subsection (2) above.

7

In section 49 (interpretation)—

a

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

b

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

2A

For the purposes of Part II of this Act the expression “sea” includes any part of the sea within the seaward limits of the territorial sea of the United Kingdom, and the expression “seashore” shall be construed accordingly.

37 Licensing of tidal works by harbour authorities.

1

Where—

a

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

b

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.

2

Regulations made by the Secretary of State under this section with respect to any harbour authority may make provision—

a

in connection with the exercise by the authority of the relevant power in relation to the prescribed operations—

i

for any matter for which provision is made by sections 34(2) to (4A) and 36 of the Coast Protection Act 1949, and

ii

for any provision of the regulations made in pursuance of sub-paragraph (i) above or any of paragraphs (b) to (g) below to have effect in addition to or in substitution for any other statutory provision which (apart from the regulations) has effect in that connection;

b

requiring the authority to advertise in such manner as may be specified in the regulations—

i

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

ii

the grant of any such licence and any conditions subject to which it has been granted,

and to give to the Secretary of State such notice of any of those matters as may be so specified;

c

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

d

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;

e

enabling an appeal to the Secretary of State to be brought, by such persons, on such grounds and in such manner as may be specified in the regulations, against—

i

the grant or refusal of any such licence, or

ii

any conditions imposed on the grant of any such licence;

f

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;

g

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

h

for any statutory provision having effect in relation to the authority to have effect subject to such modifications as appear to the Secretary of State to be necessary or expedient—

i

for the purpose of making provision for any matter for which provision may be made by virtue of any of paragraphs (a) to (g) above, or

ii

in consequence of any provision of the regulations made in pursuance of any of those paragraphs.

3

Where—

a

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

b

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

c

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

d

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 may, within the period of 60 days beginning with the date of the authority’s determination, serve a notice on the authority requiring them to furnish him with written particulars of their determination, and with any documents in their possession relating to the application, in order that he may redetermine the application.

4

Where the Secretary of State serves a notice under subsection (3) in respect of any application—

a

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

b

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).

5

The Secretary of State shall, when redetermining any application, have regard to any representations made to him by persons appearing to him to be likely to be affected by the operation to which the application relates where those representations have been made to him within the period of 30 days beginning with the date (or, as the case may be, the latest date) of the publication of any advertisement published in pursuance of subsection (4)(a).

6

Where the Secretary of State redetermines an application, he may (according to the circumstances of the case)—

a

direct the harbour authority to grant either—

i

a licence free from conditions, or

ii

a licence subject to such conditions as are specified in the direction,

as he thinks fit;

b

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

c

affirm the harbour authority’s determination of the application.

7

Any direction given by the Secretary of State under subsection (6)(a) shall be a direction requiring the authority in question to grant such a licence as is mentioned in sub-paragraph (i) or (ii) of that provision either—

a

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

b

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

as the Secretary of State thinks fit; but where the Secretary of State proposes to specify any modifications under paragraph (b) above which appear to him to be capable of resulting in any substantial interference with navigation—

i

he shall take such steps as appear to him to be reasonably practicable for informing persons likely to be concerned, and

ii

shall not so specify those modifications unless there has elapsed such period for consideration of, and comment upon, them as he thinks reasonable.

8

The power of the Secretary of State to make any regulations under this section with respect to any harbour authority shall be exercisable by him either—

a

on the application of the harbour authority, or

b

of his own motion after consulting the authority.

9

On each occasion when a harbour authority grant a licence in the exercise of any such power as is mentioned in subsection (1) (whether they do so in pursuance of the preceding provisions of this section or not) they shall furnish the Hydrographer of the Navy—

a

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

b

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.

10

It shall be the duty of any harbour authority to whom the Secretary of State gives a direction under or by virtue of this section to give effect to the direction.

11

In this section “licence” includes a consent or permission and references to the grant of a licence accordingly include references to the giving of a consent or permission.

Protection of shipping interests

F2438. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2539. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2640. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Financing and administration of lighthouse service

F2741. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2842. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2943. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inquiries

F3044. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3145. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Crew agreements

F3246. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Miscellaneous

F3347. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3448. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IV General

F3549. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3650. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3751. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3852. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3953 Regulations.

1

Any power of the Secretary of State to make regulations under this Act shall be exercisable by statutory instrument subject to annulment by a resolution of either House of Parliament.

2

Regulations under this Act may—

a

make different provision for different classes or descriptions of ships and for different circumstances; and

b

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

F4054. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4155 Financial provisions.

1

There shall be paid out of money provided by Parliament any expenses incurred by the Secretary of State in consequence of the provisions of this Act.

2

Any sums received by the Secretary of State by virtue of this Act shall (subject to subsection (3)) be paid into the Consolidated Fund.

3

Subsection (2) does not apply to—

a

any sums required by virtue of any other provision of this Act to be paid into the General Lighthouse Fund, or

b

any sums paid to the Secretary of State out of that fund under section 2A(1) of the M3Merchant Shipping (Mercantile Marine Fund) Act 1898.

F4256. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I157 Interpretation, minor and consequential amendments and repeals.

F431

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

In this Act—

  • “the 1894 Act” means the M4Merchant Shipping Act 1894;

  • “country” includes any territory;

  • “the Merchant Shipping Acts” means the Merchant Shipping Acts 1894 to 1986 and this Act;

  • “modifications” includes additions, omissions and alterations;

  • “relevant overseas territory” means—

a

the Isle of Man,

b

any of the Channel Islands, or

c

any colony;

“statutory provision” means any provision contained in or having effect under any enactment.

F433

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F434

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F435

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

58 Citation, commencement, transitional provisions and extent.

1

This Act may be cited as the Merchant Shipping Act 1988; and this Act and the Merchant Shipping Acts 1894 to 1986 may be cited together as the Merchant Shipping Acts 1894 to 1988.

C12

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

3

Part II of this Act shall come into force on the date of the coming into force of the first regulations made under section 13.

4

The transitional provisions and savings contained in Schedule 8 to this Act shall have effect; and the Secretary of State may by order made by statutory instrument make such transitional, incidental, supplemental, consequential or saving provision as appears to him to be necessary or expedient in connection with the coming into force of any provision of this Act or the operation of any enactment which is repealed or amended by a provision of this Act during any period when the repeal or amendment is not wholly in force.

5

With the exception of—

  • sections 36 and 37,

  • section 45, and

  • section 57(4) and (5) and Schedules 6 and 7 so far as they amend or repeal any enactment which does not extend to Northern Ireland,

this Act extends to Northern Ireland.