Merchant Shipping Act 1988 (repealed)

SCHEDULES

F1 SCHEDULE 1 U.K.

Textual Amendments

F1 Sch. 1 (except para. 48) repealed (21.3.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt. I; S.I. 1993/3137, art. 3(1), Sch.1.

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48 In section 84(1) (tonnage of ships of foreign countries adopting tonnage regulations)—

(a) for “Her Majesty’s dominions” substitute “the United Kingdom”;

(b) for “British”, in the first and second places where it occurs, substitute “registered”; and

(c) for “British ship registered in the United Kingdom” substitute “registered ship”.

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F2 SCHEDULE 2 U.K.

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Textual Amendments

F2 Sch. 2 repealed (21.3.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt. I; S.I. 1993/3137, art. 3(1), Sch.1.

Section 21.

F3 SCHEDULE 3 U.K. Mortgages of Registered Fishing Vessels

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Textual Amendments

F3 Sch. 3 repealed (21.3.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt.I; S.I. 1993/3137, art. 3(1), Sch.1.

Modifications etc. (not altering text)

C2 Sch. 3 excluded by S.I. 1988/1926, reg. 77

F4 SCHEDULE 4 U.K.

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Textual Amendments

F4 Sch. 4 repealed (1.5.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2), Sch.2 and expressed to be repealed (1.1.1996) by 1995 c. 21, ss. 314(1), 316(2), Sch. 12 (with s. 312(1), Sch. 14 para. 1)

Section 48.

SCHEDULE 5 U.K. Miscellaneous Amendments of Merchant Shipping Acts

Merchant Shipping Law Amendment Act 1853 (c. 131) U.K.

Omit section 13 (power to commute pensions and grant superannuation allowances).

Merchant Shipping Law Amendment Act 1894 (c. 60) U.K.

1 Omit section 463 (survey of ship alleged to be unseaworthy in proceedings for desertion of seaman).

2 In section 531 (power of lighthouse authority to remove wreck), for subsection (2) substitute—

“(2) Where a general lighthouse authority have incurred expenses in the exercise of their powers under this section in relation to any vessel, then—

(a) if the proceeds of any sale made under section 530 of this Act in connection with the exercise of those powers in relation to the vessel are insufficient to reimburse the authority for the full amount of those expenses, the authority may recover the amount of the deficiency from the relevant person, or

(b) if there is no such sale, the authority may recover the full amount of those expenses from the relevant person.

(3) Any expenses so incurred which are not recovered by the authority either out of the proceeds of any such sale or in accordance with subsection (2) of this section shall be paid out of the General Lighthouse Fund, but section 660 of this Act shall apply to those expenses as if they were expenses of the authority falling within subsection (1) of that section other than establishment expenses.

(4) In this section “the relevant person”, in relation to any vessel, means the owner of the vessel at the time of the sinking, stranding or abandonment of the vessel.”

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F5 3

Textual Amendments

F5 Entry in Sch. 5 para. 3 of the amendments of the 1894 Act repealed (1.1.1995) by 1994 c. 28, s. 10(3), Sch. 4; S.I. 1994/2971, art. 2, Sch.

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F6 4

Textual Amendments

F6 Entry in Sch. 5 para. 4 of the amendments of the 1894 Act repealed (1.5.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2), Sch.2.

5 In section 648 (application and collection of light dues)—

(a) omit subsection (1); and

(b) in subsection (2), after “so appointed” insert “or (as the case may be) such of those dues as he is so appointed to collect”.

6 In section 652(4) (inspection of local lighthouses), omit the words from “; and those reports” onwards.

7 For section 658 substitute—

“658 Expenses of general lighthouse authorities to be paid out of General Lighthouse Fund.

Any expenses incurred by the general lighthouse authorities in connection with the discharge of their functions under this Part of this Act shall be paid out of the General Lighthouse Fund.”

8 In section 659 (establishments of general lighthouse authorities)—

(a) in subsection (1), for “Her Majesty may by Order in Council fix” substitute “the Secretary of State may determine”;

(b) in subsection (2), for “Her Majesty may by Order in Council fix” substitute “the Secretary of State may determine”; and

(c) in subsection (3), for “fixed” substitute “determined”.

9 In section 676 (sums payable to Mercantile Marine Fund)—

(a) in subsection (1)—

(i) for the words from the beginning to “that fund—” substitute “The following sums (being sums which, in accordance with this subsection as originally enacted, were required to be paid to the former Mercantile Marine Fund) shall be paid into the Consolidated Fund—”,

(ii) omit paragraph (i), and

(iii) for paragraph (l) substitute—

“(l) any other sums which are by virtue of any enactment (as it has effect in accordance with subsection (1A) of this section) required to be paid into the Consolidated Fund in accordance with this section.”; and

(b) after subsection (1) insert—

“(1A) References (however phrased) in any enactment not contained in this section to the payment of sums into, or to the carrying of sums to the account of, the Mercantile Marine Fund shall be construed as references to the payment of sums into, or to the carrying of sums to the account of, the Consolidated Fund in accordance with this section, and connected phrases shall be construed accordingly.”

10 In section 677 (application of Mercantile Marine Fund)—

(a) for the words from the beginning to “the following expenses” substitute “The following expenses and other amounts (being expenses and amounts which, in accordance with this section as originally enacted, were payable out of the former Mercantile Marine Fund) shall be payable out of money provided by Parliament”;

(b) omit paragraph (i);

(c) for paragraph (o) substitute—

“(o) any other amounts which are by virtue of any enactment (as it has effect in accordance with subsection (2) of this section) payable out of money provided by Parliament in accordance with this section.”; and

(d) at the end add—

“(2) References (however phrased) in any enactment not contained in this section or in Part XI of this Act to the charging of amounts on, or to the payment of amounts out of, the Mercantile Marine Fund shall be construed as references to the payment of amounts out of money provided by Parliament in accordance with this section, and connected phrases shall be construed accordingly.”;

and accordingly the existing provisions of section 677, as amended by sub-paragraphs (a) to (c) above, shall constitute subsection (1) of that section.

11 In section 731 (exemption from rates)—

(a) for “Mercantile Marine Fund” substitute “General Lighthouse Fund”; and

(b) omit “or by the Board of Trade” and “or of the Board of Trade”.

12 Omit section 744 (application of Act to vessels fishing for whales, etc.).

Merchant Shipping (Mercantile Marine Fund) Act 1898 (c. 44) U.K.

For section 1 substitute—

“1 Constitution of General Lighthouse Fund.

(1) There shall continue to be a fund called the General Lighthouse Fund.

(2) All light dues and other sums received by or accruing to any of the general lighthouse authorities by virtue of, or in connection with the discharge of their functions under, Part XI of the Merchant Shipping Act 1894 shall be accounted for and paid to the General Lighthouse Fund.

(3) The General Lighthouse Fund shall be applied to the payment of such expenses of the general lighthouse authorities and the Secretary of State as are, by virtue of any enactment, payable out of the Fund.

(4) References to the Mercantile Marine Fund in Part XI and section 679 of the Merchant Shipping Act 1894 shall be construed as references to the General Lighthouse Fund.”

Merchant Shipping Act 1906 (c. 48) U.K.

Omit section 52 (provisions with respect to mortgages of ships sold to foreigners).

Merchant Shipping Act 1970 (c. 36) U.K.

1 Omit section 23 (power of seamen to complain to master or proper officer about master, other seamen or conditions).

2 In section 30 (continued or concerted disobedience, neglect of duty etc. by seamen), omit paragraphs (a) and (b).

3 In section 42 (trade disputes involving seamen), omit subsection (2).

4 In section 56 (formal investigation into shipping casualty or incident), for subsections (5) and (6) substitute—

“(5) The wreck commissioner or sheriff may make such awards as he thinks just with regard to the costs of the investigation and of any parties at the investigation, and with regard to the parties by whom those costs are to be paid; and any such award of the wreck commissioner may, on the application of any party named in it, be made an order of the High Court.

(6) Any costs directed by an award to be paid shall be taxable—

(a) in the High Court, or

(b) where the investigation was held in Scotland, by the auditor of the sheriff court in which it was held and in accordance with the table of fees regulating the taxation of solicitors’ accounts.

(6A) The wreck commissioner or sheriff shall make a report on the investigation to the Secretary of State.”

5 Omit sections 65 and 66 (custody and disposal of property of deceased seamen).

6 After section 75 insert—

“75A Inspection and admissibility in evidence of copies of certain documents.

“75A (1) Where under any enactment a document is open to public inspection when in the custody of the Registrar General of Shipping and Seamen—

(a) there may be supplied for public inspection a copy or other reproduction of the document instead of theoriginal; but

(b) the original shall nevertheless be made available for public inspection if the copy or other reproduction is illegible.

(2) Where the Registrar General of Shipping and Seamen destroys any document which has been sent to him under or by virtue of any enactment, and keeps a copy or other reproduction of that document, then—

(a) any enactment providing for the document to beadmissible in evidence or open to public inspection, and

(b) in the case of a document falling within subsection (1), that subsection,

shall apply to the copy or other reproduction as if it were the original.

(3) For the purposes of this section, and of section 695(2) of the Merchant Shipping Act 1894 in its application to documents in the custody of the Registrar General of Shipping and Seamen, a copy is to be taken to be the copy of a document notwithstanding that it is taken from a copy or other reproduction of the original.”

7 Omit section 89 (return of deserters under reciprocal arrangements).

Commencement Information

I1 Para. 7 wholly in force; para. 7 not in force at Royal Assent see s. 58; para. 7 in force at 1.6.1994 by S.I. 1994/1201, art. 2, Sch.

8 In section 92 (unregistered British ships)—

(a) omit “British”; and

(b) after “employed in them,” insert “or shall so extend in such circumstances as may be so specified, in either case”.

9 In section 96 (non-sea-going ships)—

(a) in subsection (1)—

(i) after “20,” insert “27, 32 (in its application in relation to section 27),”, and

(ii) after “60,” insert “76,”; and

(b) for subsection (2) substitute—

“(2) In relation to ships which are not sea-going ships—

(a) section 32 of this Act shall (in its application in relation to section 27) have effect as if the words “goes to sea in a ship” were omitted and the words “is on board a ship while it is on a voyage or excursion” were inserted after “to give it”; and

(b) section 45 of this Act shall have effect as if for the words “goes to sea or attempts to go to sea” there were substituted the words “goes on a voyage or excursion or attempts to do so” and the words “if in the United Kingdom” were omitted.”

Merchant Shipping Act 1970 (c. 36) U.K.

1 Omit section 23 (power of seamen to complain to master or proper officer about master, other seamen or conditions).

2 In section 30 (continued or concerted disobedience, neglect of duty etc. by seamen), omit paragraphs (a) and (b).

3 In section 42 (trade disputes involving seamen), omit subsection (2).

4 In section 56 (formal investigation into shipping casualty or incident), for subsections (5) and (6) substitute—

“(5) The wreck commissioner or sheriff may make such awards as he thinks just with regard to the costs of the investigation and of any parties at the investigation, and with regard to the parties by whom those costs are to be paid; and any such award of the wreck commissioner may, on the application of any party named in it, be made an order of the High Court.

(6) Any costs directed by an award to be paid shall be taxable—

(a) in the High Court, or

(b) where the investigation was held in Scotland, by the auditor of the sheriff court in which it was held and in accordance with the table of fees regulating the taxation of solicitors’ accounts.

(6A) The wreck commissioner or sheriff shall make a report on the investigation to the Secretary of State.”

5 Omit sections 65 and 66 (custody and disposal of property of deceased seamen).

6 After section 75 insert—

“75A Inspection and admissibility in evidence of copies of certain documents.

“75A (1) Where under any enactment a document is open to public inspection when in the custody of the Registrar General of Shipping and Seamen—

(a) there may be supplied for public inspection a copy or other reproduction of the document instead of theoriginal; but

(b) the original shall nevertheless be made available for public inspection if the copy or other reproduction is illegible.

(2) Where the Registrar General of Shipping and Seamen destroys any document which has been sent to him under or by virtue of any enactment, and keeps a copy or other reproduction of that document, then—

(a) any enactment providing for the document to beadmissible in evidence or open to public inspection, and

(b) in the case of a document falling within subsection (1), that subsection,

shall apply to the copy or other reproduction as if it were the original.

(3) For the purposes of this section, and of section 695(2) of the Merchant Shipping Act 1894 in its application to documents in the custody of the Registrar General of Shipping and Seamen, a copy is to be taken to be the copy of a document notwithstanding that it is taken from a copy or other reproduction of the original.”

8 In section 92 (unregistered British ships)—

(a) omit “British”; and

(b) after “employed in them,” insert “or shall so extend in such circumstances as may be so specified, in either case”.

9 In section 96 (non-sea-going ships)—

(a) in subsection (1)—

(i) after “20,” insert “27, 32 (in its application in relation to section 27),”, and

(ii) after “60,” insert “76,”; and

(b) for subsection (2) substitute—

“(2) In relation to ships which are not sea-going ships—

(a) section 32 of this Act shall (in its application in relation to section 27) have effect as if the words “goes to sea in a ship” were omitted and the words “is on board a ship while it is on a voyage or excursion” were inserted after “to give it”; and

(b) section 45 of this Act shall have effect as if for the words “goes to sea or attempts to go to sea” there were substituted the words “goes on a voyage or excursion or attempts to do so” and the words “if in the United Kingdom” were omitted.”

Merchant Shipping (Oil Pollution) Act 1971 (c. 59) U.K.

In section 10(6) (compulsory insurance against liability for pollution), for “£35,000” substitute “£50,000”.

Merchant Shipping Act 1979 (c. 39) U.K.

1 In section 46(1) (offences by officers of bodies corporate), for the words from “such an” to “of this Act” substitute “an offence under—

(a) section 23(6) or 28(1) of this Act, or

(b) any Order in Council made by virtue of section 20(1) of this Act, or

(c) any regulations made by virtue of section 20(4) or 21(1) of this Act,”.

2 In section 49 (orders and regulations), as amended by section 11(3) of the M1 Safety at Sea Act 1986—

(a) in subsection (4A), at the beginning insert “Except where subsection (4B) of this section applies,”; and

(b) after that subsection insert—

“(4B) Regulations falling within paragraphs (a) to (c) of subsection (4A) of this section, if contained in the same instrument as any regulations requiring to be approved in draft by virtue of that subsection, shall also require to be so approved.”

Marginal Citations

M1 1986 c. 23.

Merchant Shipping Act 1983 (c. 13) U.K.

Omit sections 1 to 3 (measurement of small ships for length instead of tonnage).

Merchant Shipping Act 1984 (c. 5) U.K.

In section 2 (prohibition notices)—

(a)

in subsection (1) (notices in respect of activities which are, or are about to be, carried on and involve a risk of serious personal injury or pollution), for “about”, in both places where it occurs, substitute “likely”; and

(b)

for subsection (4) (notices to have immediate effect only if the risk isimminent) substitute—

“(4) A direction contained in a prohibition notice in pursuance of subsection (3)(d) shall take effect—

(a) at the end of a period specified in the notice, or

(b) if the direction is given in pursuance of subsection (3)(d)(ii) or the notice so declares, immediately.”

Section 57(4).

SCHEDULE 6 U.K. Minor and Consequential Amendments

Sea Fisheries Act 1868 (c.45) U.K.

For section 26 substitute—

“26 Registered fishing boats and foreign fishing boats within British waters to have official papers.

(1) The master of every sea-fishing boat which is registered under Part II of the Merchant Shipping Act 1988 shall (whether his boat is within British waters or not) have on board the certificate of registration issued in pursuance of that Part of that Act.

(2) The master of every foreign sea-fishing boat within British waters shall have on board official papers evidencing its nationality.

(3) If any person, without reasonable excuse (the proof of which lies on him), contravenes subsection (1) or (2) of this section, he shall be liable on summary conviction to a fine not exceeding the second level on the standard scale; and where a fine is imposed under this subsection on the master of a foreign sea-fishing boat the court may order the boat to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid (whichever period is the shorter).

(4) Section 8(4) of the Sea Fisheries Act 1968 (power of British sea-fishery officer to take fishing boat to nearest port and detain it there) shall apply in relation to a contravention of subsection (1) or (2) of this section as it applies in relation to such a contravention as is mentioned in that provision.

(5) In this section—

• “British waters” means waters within the seaward limits of the territorial sea adjacent to the United Kingdom, the Channel Islands and the Isle of Man;

• “foreign sea-fishing boat” means a sea-fishing boat which—

(a) is not registered in the United Kingdom, the Channel Islands or the Isle of Man, and

(b) is not excluded from registration by regulations under section 13 of the Merchant Shipping Act 1988, and

(c) is not wholly owned by persons qualified to be owners of British ships for the purposes of Part I of the Merchant Shipping Act 1894;

“master” includes, in relation to any sea-fishing boat, a person for the time being in command or charge of the boat.”

Merchant Shipping Act 1894 (c.60) U.K.

1 In section 459 (power to detain unsafe ships, and procedure for detention)—

(a) in subsection (1), for the words from “the defective condition” to “improper loading” substitute “any of the matters mentioned in subsection (1A) of this section”;

(b) after that subsection insert—

“(1A) The matters referred to in subsection (1) of this section are—

(a) the condition, or the unsuitability for its purpose, of—

(i) the ship or its machinery or equipment, or

(ii) any part of the ship or its machinery or equipment;

(b) undermanning;

(c) overloading or unsafe or improper loading;

(d) any other matter relevant to the safety of the ship;

and the reference in that subsection to proceeding to sea shall, in a case where the service for which the ship is intended consists of going on voyages or excursions that do not involve going to sea, be construed as a reference to going on such a voyage or excursion.”; and

(c) in subsection (5), for “British register being subsequently closed” substitute “subsequently ceasing to be a British ship”.

2 In section 462 (application to foreign ships of provisions as to detention), for the words from “by reason of” (where first occurring) to “the provisions” substitute “by reason of any of the matters mentioned in section 459(1A) of this Act, the provisions”.

3 In section 692 (enforcing detention of ship), at the end add—

“(5) Any reference in this section to proceeding to sea includes a reference to going on a voyage or excursion that does not involve going to sea, and references to sending or taking to sea shall be construed accordingly.”

Merchant Shipping Act 1906 (c.48) U.K.

Omit section 51 (power of Commissioners of Customs and Excise to inquire into the title of a registered ship to be registered).

Merchant Shipping (Amendment) Act 1920 (c.2) U.K.

In section 1 (amendment of s.659 of the 1894 Act)—

(a)

for the words from “His Majesty” to “fix” substitute “the Secretary of State under section 659 of the M2 Merchant Shipping Act 1894 to determine”; and

(b)

for “fixing” and “fixed” substitute “determining” and “determined” respectively.

Marginal Citations

M2 1894 c. 60.

F7 F7 U.K.

Textual Amendments

F7 Entry in Sch. 6 relating to 1965 c. 19 repealed (21.3.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt.I; S.I. 1993/3137, art. 3(1), Sch.1.

F7 . . .

Merchant Shipping Act 1965 (c.47) E+W+S

[F8 In section 1(4) (tonnage regulations), for the words from “section 83” to “the Exchequer” substitute “sections 83 and 676 of the principal Act as require the payment of fees into the Consolidated Fund”.]

Textual Amendments

F8 Entry in Sch. 6 relating to 1965 c. 47 repealed (N.I.) (7.2.1994) by S.I. 1993/2668 (N.I. 11), art. 18(4), Sch.8; S.R. 1993/476, art.2.

F9 F9 U.K.

Textual Amendments

F9 Entry in Sch. 6 relating to 1967 c. 84 repealed (21.3.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt.I; S.I. 1993/3137, art. 3(1), Sch.1.

F9 . . .

F10 F10 U.K.

Textual Amendments

F10 Entry in Sch. 6 relating to 1968 c. 77 repealed (21.3.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt.I; S.I. 1993/3137, art. 3(1), Sch.1.

F10 . . .

Fishing Vessels (Safety Provisions) Act 1970 (c.27) U.K.

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Textual Amendments

F11 Entry in Sch. 6 relating to 1970 c. 27 repealed (21.3.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt.I; S.I. 1993/3137, art. 3(1), Sch.1.

Merchant Shipping Act 1970 (c.36) U.K.

1 In section 33 (defence of drug taken for medical purposes), after “27” insert “(2)”.

2 In section 56 (formal investigation into shipping casualty)—

(a) for subsection (1) substitute—

“(1) Where any accident has occurred, the Secretary of State may (whether or not an investigation into it has been carried out under section 33 of the Merchant Shipping Act 1988) cause a formal investigation into the accident to be held—

(a) if in England, Wales or Northern Ireland, by a wreck commissioner, and

(b) if in Scotland, by the sheriff;

and in this section “accident” means any accident to which regulations under that section apply or any incident or situation to which any such regulations apply by virtue of subsection (5) of that section.

(1A) A wreck commissioner or sheriff holding a formal investigation shall conduct it in accordance with rules under section 58(1) of this Act; and those rules shall require the assistance of one or more assessors and, if any question as to the cancellation or suspension of an officer’s certificate is likely, the assistance of not less than two assessors.”; and

(b) in subsection (4), for “casualty” substitute “accident”.

3 In section 58(1) (rules as to inquiries etc.), for “55” substitute “56”.

4 In section 67 (application of sections 62 to 66 to masters), for “66” substitute “64”.

5 In section 95 (fishing vessels)—

(a) in subsection (1), for “sections 6 and 30(a) and (b)” substitute “section 6”; and

(b) for subsection (6) substitute—

“(6) In this Act “fishing vessel” means a fishing vessel within the meaning of Part II of the Merchant Shipping Act 1988.”

F12 F12 U.K.

Textual Amendments

F12 Entry in Sch. 6 relating to 1976 c. 86 repealed (21.3.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt.I; S.I. 1993/3137, art. 3(1), Sch.1.

. . . F12

F13 F13 U.K.

Textual Amendments

F13 Entry in Sch. 6 relating to 1978 c. 44 repealed (21.3.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt.I; S.I. 1993/3137, art. 3(1), Sch.1.

F13 . . .

F14 F14 U.K.

Textual Amendments

F14 Entry in Sch. 6 relating to 1979 c. 2 repealed (21.3.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt.I; S.I. 1993/3137, art. 3(1), Sch.1.

F14 . . .

Merchant Shipping Act 1979 (c.39) U.K.

1 In section 20(3)(a) (prevention of pollution from ships etc.), for “55” substitute “56”.

2 In section 28(7)(b) (supplementary provisions about inspectors), for “sections 55(2) and” substitute “section”.

3 In section 47(2) (power to extend Act to certain countries, etc.) for “to 44” substitute “, 43”.

4 In paragraph 8 of Part VI of Schedule 6 (miscellaneous penalties on summary conviction)—

(a) for “, 62(6) and 65(3)” substitute “and 62(6)”; and

(b) for the words from “, the return” to “deceased seamen” substitute “and the return of seamen left overseas”.

Supreme Court Act 1981 (c.54) U.K.

In section 20(5)(b) (Admiralty jurisdiction of High Court), after “Fund” insert “, or on the International Oil Pollution Compensation Fund 1984,”.

F15 F15 U.K.

Textual Amendments

F15 Entry in Sch. 6 relating to 1983 c. 8 repealed (21.3.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt.I; S.I. 1993/3137, art. 3(1), Sch.1.

F15 . . .

Merchant Shipping Act 1983 (c.13) U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

F16 1

Textual Amendments

F16 Entry in Sch. 6 relating to 1983 c. 13 repealed (21.3.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt.I; S.I. 1993/3137, art. 3(1), Sch.1.

Merchant Shipping Act 1984 (c.5) U.K.

At the end of Schedule 1 (statutory provisions which are relevant for the purpose of serving notices in connection with safety and other matters), insert—

1988 c.12.

The Merchant Shipping Act 1988.

Section 35.

F17 F17 S

Textual Amendments

F17 Entry in Sch. 6 relating to 1984 c. 26 repealed (21.3.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt.I; S.I. 1993/3137, art. 3(1), Sch.1.

F17 . . .

F18 F18 U.K.

Textual Amendments

F18 Entry in Sch. 6 relating to 1986 c. 23 repealed (21.3.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt.I; S.I. 1993/3137, art. 3(1), Sch.1.

F18 . . .

Section 57 (5).

SCHEDULE 7 U.K. Repeals

Commencement Information

I2 Sch. 7 partly in force; Sch. 7 not in force at Royal Assent see s. 58 ; Sch. 7 in force for certain repeals at 4.7.1988 by S.I. 1998/1010, art. 2, Sch. and 1.12.1988 by S.I. 1988/1907, art. 2, Sch. and 1.4.1989 by S.I. 1989/353, art. 2, Sch. and 1.6.1994 by S.I. 1994/1201, art. 2, Sch.

Chapter	Short title	Extent of repeal
1853 c. 131.	Merchant Shipping Law Amendment Act 1853.	Section 13.
1886 c. 53.	Sea Fishing Boats (Scotland) Act 1886.	The whole Act.
1894 c. 60.	Merchant Shipping Act 1894.	Sections 1 to 3.
		Section 4(2).
		In section 6, the word “British”.
		In section 7, in subsection (1) the word “British”, and subsection (2).
		Section 9(iii).
		In section 11, the word “book”.
		In section 13, the word “British”.
		Section 19.
		In section 23, the words “or to the governor of a British possession” and “or the governor”.
		In section 26, the word “book”, wherever occurring.
		In section 27, subsection (1)(b), and in subsection (2) the word “book”.
		In sections 32 and 33, the word “book”, wherever occurring.
		In section 38, in subsection (1) the word “marriage,”, and in subsection (2) the word “book”.
		Sections 39 to 46.
		In sections 47(4) and (5) and 48(1), the word “book”, wherever occurring.
		Sections 54 and 55.
		In sections 56 and 57, the word “book”, wherever occurring.
		Section 61(1).
		In section 62, the words “, if taken in any part of the United Kingdom,”, and the words from “if taken in a British possession” onwards.
1894 c. 60.—cont.	Merchant Shipping Act 1894.—cont.	In section 63, in subsection (1) the words “in the United Kingdom” and the words from “and every” to “Seamen”, and in subsection (2) the words “at a port in the United Kingdom”.
		In section 64(2), paragraph (a), and in paragraph (d) the words “in respect of a British ship”.
		In section 65, in subsection (1) the words from “, and also” to “schedule”, in subsections (2) and (4) the word “book”, wherever occurring, and subsection (3).
		Section 71.
		In section 73, in subsection (1) the words “or boats” and “or boat”, in subsection (2) the words “or boat” (where last occurring), and in subsection (3) the words “or boat”.
		In section 76(1), the words from “and elsewhere” to “dominions”.
		Section 85.
		Sections 88 to 91.
		Sections 370 and 372 to 374.
		Section 463.
		In section 634(1)(a), the words “and at Gibraltar,”.
		Section 648(1).
		In section 652(4), the words from “; and those reports” onwards.
		Section 663.
		In section 676(1), paragraph (i).
		In section 677, paragraph (i).
		Section 695(2)(a).
		Section 728(a).
		In section 731, the words “or by the Board of Trade” and “or of the Board of Trade”.
		Section 744.
		In Schedule 1, Part I, and in Part II the words “Certificate of mortgage”, “Certificate of sale” and “Revocation of certificate of sale or mortgage”.
1897 c. 59.	Merchant Shipping Act 1897.	In section 1, in subsection (1) the words from “as if” (where first occurring) to “ “machinery”, and”, and subsection (2).
1898 c. 44.	Merchant Shipping (Mercantile Marine Fund) Act 1898.	Section 2(4).
1906 c. 48.	Merchant Shipping Act 1906.	In section 2, paragraph (1) and the “(2)” immediately following it.
		Sections 51 and 52.
		Section 83.
1923 c. 4.	Fees (Increase) Act 1923.	Section 2(1).
1950 c. 9.	Merchant Shipping Act 1950.	Section 4.
1965 c. 47.	Merchant Shipping Act 1965.	Section 1(2)(c).
		In Schedule 1, the entry relating to section 85 of the 1894 Act.
1968 c. 13.	National Loans Act 1968.	In Schedule 4, in paragraph 2, the words from “Section 663” onwards.
1968 c. 77.	Sea Fisheries Act 1968.	In Schedule 1, paragraphs 23, 32 and 33.
1970 c. 36.	Merchant Shipping Act 1970.	Section 23.
		In section 30, paragraphs (a) and (b).
		In section 32, “30(b)”.
		Section 42(2).
		In sections 52(3) and 54(2), the words from “and the persons” onwards.
		Section 55.
		Sections 65 and 66.
		Section 73.
		Section 75(1)(c).
		Section 89.
		In section 92, the word “British”.
		In section 95(1), “89”.
1971 c. 59.	Merchant Shipping (Oil Pollution) Act 1971.	In section 10, in subsection (1) the word “persistent”, and subsection (4).
		In section 15(1), the word “persistent”.
1974 c. 43.	Merchant Shipping Act 1974.	Section 4(10) to (13).
		Section 5.
		In section 6, in subsection (4), the words “or 5,” and in subsection (5)(a) the words “as amended”.
		Section 7(3).
1974 c. 43.—cont.	Merchant Shipping Act 1974.—cont.	Section 8(2).
		In section 23(2), the words from “ , and references” onwards.
1974 c. 52.	Trade Union and Labour Relations Act 1974.	In Schedule 3, in paragraph 14 the words from “in subsection (2)” to “1974)” and”.
1976 c. 86.	Fishery Limits Act 1976.	Section 2(8)(b).
		In Schedule 2, paragraph 3.
1979 c. 39.	Merchant Shipping Act 1979.	In section 28(7)(a), “463(5),”.
		Section 31.
		Section 32(2) and (3).
		In section 37, subsection (4), and in subsection (6) the word “British”.
		In section 38, subsections (1) and (3) and, in subsection (4), paragraphs (a) and (b) and (d) to (g).
		In section 40, in subsection (1) paragraphs (a), (c) and (d), and subsection (2).
		Section 44.
		Section 45(1).
		In Schedule 6—
		(a) in Part I, the entries relating to section 373(4) of the 1894 Act and section 89(4) of the Merchant Shipping Act 1970,
		(b) in Part II, the entries relating to section 44(11) of the 1894 Act and section 23(3) of the Merchant Shipping Act 1970,
		(c) in Part IV, the entry relating to section 73(2) of that Act,
		(d)in Part VI, paragraph 1, and
		(e)in Part VII, paragraph 19.
1983 c. 8.	British Fishing Boats Act 1983.	Section 11(2).
1983 c. 13.	Merchant Shipping Act 1983.	Sections 1 to 4.
		In section 5(5), the word “book”.
		Section 6.
1983 c. 13.—cont.	Merchant Shipping Act 1983.—cont.	In section 9(1), the words “any registered ship measured for length or”.
1984 c. 5.	Merchant Shipping Act 1984.	Section 12(2).
1984 c. 26.	Inshore Fishing (Scotland) Act 1984.	In Schedule 1, the entry relating to the 1894 Act.

Section 58(4).

SCHEDULE 8 U.K. Transitional Provisions and Savings

1 The amendments and repeals made by this Act do not—

(a) (unless an Order in Council under section 56 of this Act, or under any other enactment, so provides) extend to any country outside the United Kingdom; or

(b) affect any Order in Council providing for the extension of any enactments to any such country.

2 (1) This paragraph shall have effect in relation to any relevant overseasterritory to which the provisions of sections 2 to 7 of this Act have not beenextended by an Order in Council under section 56.

(2) Where—

(a) by virtue of section 2(2) of the 1894 Act (obligation to register British ship) as in force in any such territory, any ship is (apart from this paragraph) a British ship that is not to be recognised as such, but

(b) the ship is a British ship by virtue of section 2 of this Act,

the ship shall nevertheless be recognised as a British ship for the purposes of the Merchant Shipping Acts as in force in that territory.

(3) Where—

(a) by virtue of section 2(2) of the 1894 Act as in force in any such territory, any ship is a British ship that is not to be recognised as such, and

(b) the ship is not a British ship by virtue of section 2 of this Act,

the ship shall, notwithstanding section 2(3) of that Act (as so in force), not be liable to detention under that provision.

(4) Where—

(a) any ship is not wholly owned by such persons as are mentioned in section 1 of the 1894 Act (qualification for owning British ships) as in force in any such territory, but

(b) the ship is a British ship by virtue of section 2 of this Act,

the ship shall nevertheless be recognised as a British ship for the purposes of the Merchant Shipping Acts as in force in that territory, and the following provisions of the 1894 Act (as so in force), namely—

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

(ii) section 71 (penalty for acquiring ownership if unqualified),

shall not apply in relation to the ship.

3 If the Secretary of State by order made by statutory instrument so provides, no registration of a fishing boat shall be effected—

(a) under Part IV of the 1894 Act, or

(b) under the M3 Sea Fishing Boats (Scotland) Act 1886,

during such period not exceeding one month and ending with the commencement of Part II of this Act as is specified in the order.

Marginal Citations

M3 1886 c. 53.

4 Section 4(6) of this Act shall not have effect at any time before the commencement of Part II of this Act, and shall not affect the operation of section 13(3) of this Act in relation to fishing vessels which are registered under Part I of the 1894 Act immediately before the commencement of Part II of this Act.

5 In section 72(1) of the 1894 Act as amended by Schedule 1 to this Act (liabilities of unregistered ships), the reference to Part I of that Act shall, in relation to any time before the end of the period referred to in section 13(3)(b) of this Act, be construed as including a reference to Part IV of that Act.