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Merchant Shipping Act 1995
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Merchant Shipping Act 1995, Section 35 is up to date with all changes known to be in force on or before 30 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 35:
- s. 145(2)(a)(ia) inserted by 2003 c. 44 Sch. 36 para. 13(2)
- s. 145(2A) inserted by 2003 c. 44 Sch. 36 para. 13(3)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 145(2)(a)(ia) inserted by 2003 c. 44 Sch. 36 para. 13(2)
- s. 145(2A) inserted by 2003 c. 44 Sch. 36 para. 13(3)
35 Power of court to award interest on wages due otherwise than under crew agreement.U.K.
In any proceedings by the master of a ship or a person employed in a ship otherwise than under a crew agreement [F1or an agreement specified in regulations under section 32(a)] for the recovery of any sum due to him as wages the court, unless it appears to it that the delay in paying the sum was due to—
(a)a mistake,
(b)a reasonable dispute as to liability,
(c)the act or default of the person claiming the amount, or
(d)any other cause, not being the wrongful act or default of the persons liable to make the payment or their servants or agents,
may order them to pay, in addition to the sum due, interest on it at the rate of 20 per cent. per annum or such lower rate as the court may specify, for the period beginning seven days after the sum became due and ending when the sum is paid.
Textual Amendments
F1Words in s. 35 inserted (7.8.2014) by The Merchant Shipping (Maritime Labour Convention) (Consequential and Minor Amendments) Regulations 2014 (S.I. 2014/1614), regs. 1, 2(4)
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