Merchant Shipping Act 1894

Part III U.K. PASSENGER AND EMIGRANT SHIPS

Modifications etc. (not altering text)

C1 Pt. III amended by Merchant Shipping Act 1906 (c. 48), s. 15 and Merchant Shipping (Safety Convention) Act 1949 (c. 43), s. 26(1)

1. Definitions U.K.

†Definition of Passenger Steamer and Passenger U.K.

Modifications etc. (not altering text)

C2 Unreliable margin note

F1 267 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F1 S. 267 repealed (1.6.1995 with effect as mentioned in reg. 1(5)) by S.I. 1995/1210, reg. 1(4)(a)(5)

268–270 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 U.K.

Textual Amendments

F2 Ss. 257–266, 268–270 repealed by Merchant Shipping Act 1970 (c. 36), s. 100, Sch. 5

2. Passenger Steamers U.K.

Survey of Passenger Steamers U.K.

Valid from 01/06/1996

F3 271 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F3 S. 271 repealed (1.6.1995 with effect as mentioned in reg. 1(5)) by S.I. 1995/1210, reg. 1(4)(a)(5)

F4 272 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F4 S. 272 repealed (1.6.1995 with effect as mentioned in reg. 1(5)) by S.I. 1995/1210, reg. 1(4)(a)(5)

F5 273 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F5 S. 273 repealed (1.6.1995 with effect as mentioned in reg. 1(5)) by S.I. 1995/1210, reg. 1(4)(a)(5)

F6 274 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F6 S. 274 repealed (1.6.1995 with eefect as mentioned in reg. 1(5)) by S.I. 1995/1210, reg. 1(4)(a)(5)

F7 275 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F7 S. 275 repealed (1.6.1995 with effect as mentioned in reg. 1(5)) by S.I. 1995/1210, reg. 1(4)(a)(5)

F8 276 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F8 S. 276 repealed (1.6.1995 with effect as mentioned in reg. 1(5)) by S.I. 1995/1210, reg. 1(4)(a)(5)

F9 277 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F9 S. 277 repealed (1.6.1995 with effect as mentioned in reg. 1(5)) by S.I. 1995/1210, reg. 1(4)(a)(5)

F10 278 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F10 S. 278 repealed (1.6.1995 with effect as mentioned in reg. 1(5)) by S.I. 1995/1210, reg. 1(4)(a)(5)

F11 279 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F11 S. 279 repealed (1.6.1995 with effect as mentioned in reg. 1(5)) by S.I. 1995/1210, reg. 1(4)(a)(5)

280 Delivery up of certificate. U.K.

(1) The Board of Trade may require a passenger steamer’s certificate, which has expired or been cancelled, to be delivered up as they direct.

(2) If any owner or master fails without reasonable cause to comply with such requirement, he shall for each offence be liable to a fine not exceeding [F12 [F13 £50]][F12 level 2 on the standard scale].

Textual Amendments

F12 Words “level 2 on the standard scale” substituted (E.W.S.) for “£50” by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G

F13 Word substituted by virtue of Merchant Shipping Act 1979 (c. 39), s. 43(1), Sch. 6 Pt. I

Modifications etc. (not altering text)

C3 S. 280 modified (1.5.1994) by 1993 c. 22, s. 8(3), Sch. 4 para.16; S.I. 1993/3137, art. 3(2)

281 Posting up of certificate. U.K.

(1) The owner or master of every passenger steamer required to have a passenger steamer’s certificate shall forthwith on the receipt of the certificate by him or his agent cause one of the duplicates to be put up in some conspicuous place on board the steamer, so as to be legible to all persons on board, and to be kept so put up and legible while the certificate remains in force, and the steamer is in use.

(2) If the owner or master fails without reasonable cause to comply with this section, he shall for each offence be liable to a fine not exceeding [F14 [F15 £50]][F14 level 2 on the standard scale].

(3) If a passenger steamer plies or goes to sea with passengers on board, and this section is not complied with, then for each offence the owner thereof shall be liable to a fine not exceeding [F16 [F17 £200]][F16 level 4 on the standard scale], and the master shall also be liable to a further fine not exceeding [F16 [F17 £200]][F16 level 4 on the standard scale].

Textual Amendments

F14 Words “level 2 on the standard scale” substituted (E.W.S.) for “£50” by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G

F15 Word substituted by virtue of Merchant Shipping Act 1979 (c. 39), s. 43(1), Sch. 6 Pt. I

F16 Words “level 4 on the standard scale” substituted (E.W.S.) for “£200” by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G

F17 Words substituted by virtue of Merchant Shipping (Load Lines) Act 1967 (c. 27, SIF 111), s. 25, Sch. 1 (as amended by Merchant Shipping Act 1979 (c. 39, SIF 111), s. 43, Sch. 6 Pt. VI para. 7)

Modifications etc. (not altering text)

C4 S. 281 modified (1.5.1994) by 1993 c. 22, s. 8(3), Sch. 4 para.16; S.I. 1993/3137, art. 3(2)

282. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20 283 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F20 S. 283 repealed (1.6.1995 with effect as mentioned in reg. 1(5)) by S.I. 1995/1210, reg. 1(4)(a)(5)

F21 284 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F21 S. 284 repealed (1.5.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2)

General Equipment of Passenger Steamers U.K.

F22 285 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F22 S. 285 repealed (1.5.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2)

F23 286 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F23 S. 286 repealed (1.5.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2)

Keeping Order in Passenger Steamers U.K.

287 Offences in connexion with passenger steamers. U.K.

(1) If any of the following offences is committed in the case of a [F24 ship carrying more than 12 passengers for which there is in force a Passenger Ship Safety Certificate or Passenger Certificate, as the case may be, issued under or recognised by regulations made under section 21 of the Merchant Shipping Act 1979]; (that is to say,)

(a) If any person being drunk or disorderly has been on that account refused admission thereto by the owner or any person in his employment, and, after having the amount of his fare (if he has paid it) returned or tendered to him, nevertheless persists in attempting to enter the steamer:

(b) If any person being drunk or disorderly on board the steamer is requested by the owner or any person in his employ to leave the steamer at any place in the United Kingdom, at which he can conveniently do so, and, after having the amount of his fare (if he has paid it) returned or tendered to him, does not comply with the request:

(c) If any person on board the steamer, after warning by the master or other officer thereof, molests or continues to molest any passenger:

(d) If any person, after having been refused admission to the steamer by the owner or any person in his employ on account of the steamer being full, and having had the amount of his fare (if he has paid it) returned or tendered to him, nevertheless persists in attempting to enter the steamer:

(e) If any person having gone on board the steamer at any place, and being requested, on account of the steamer being full, by the owner or any person in his employ to leave the steamer, before it has quitted that place, and having had the amount of his fare (if he has paid it) returned or tendered to him, does not comply with that request:

F25 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25 (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h) If any person on arriving in the steamer at a point to which he has paid his fare knowingly and wilfully refuses or neglects to quit the steamer: and

(i) If any person on board the steamer fails, when requested by the master or other officer thereof, either to pay his fare or exhibit such ticket or other receipt, if any, showing the payment of his fare, as is usually given to persons travelling by and paying their fare for the steamer:

the person so offending shall for each offence be liable to a fine not exceeding [F26 [F27 £50]][F26 level 2 on the standard scale], but that liability shall not prejudice the recovery of any fare payable by him.

(2) If any person on board any such steamer wilfully does or causes to be done anything in such a manner as to obstruct or [F28 damage] any part of the machinery or tackle of the steamer, or to obstruct, impede, or molest the crew, or any of them, in the navigation or management of the steamer, or otherwise in the execution of their duty on or about the steamer, he shall for each offence be liable to a fine not exceeding [F26 [F27 £50]][F26 level 2 on the standard scale].

(3) The master or other officer of any such steamer, and all persons called by him to his assistance, may, without any warrant, detain any person who commits any offence against this section and whose name and address are unknown to the master or officer, and [F28 deliver that person to a constable]

(4) If any person commits an offence against this section and on the application of the master of the steamer, or any other person in the employ of the owner thereof, refuses to give his name and address, or gives a false name or address, that person shall be liable to a fine not exceeding [F26 [F27 £50]][F26 level 2 on the standard scale][F29 and the fine shall be paid to the owner of the steamer.]

Textual Amendments

F24 Words in s. 287(1) substituted (1.6.1995) by S.I. 1995/1210, reg. 1(6)

F25 S. 287(1)(f)(g) repealed (1.5.1994) by 1993 c. 22, s. 8(3)(4), Sch. 4 para. 14(a), Sch. 5 Pt. II; S.I. 1993/3137, art. 3(2)

F26 Words “level 2 on the standard scale” substituted (E.W.S.) for “£50” by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G

F27 Word substituted by virtue of Merchant Shipping Act 1979 (c. 39), s. 43(1), Sch. 6 Pt. I

F28 Words in s. 287(2)(3) substituted (1.5.1994) by 1993 c. 22, s. 8(3), Sch. 4 para. 14(b)(c); S.I. 1993/3137, art. 3(2)

F29 Words repealed (E.W.) by Justices of the Peace Act 1949 (c. 101), Sch. 7 Pt. III

288 Power to exclude drunken passengers on home trade passenger steamers. U.K.

The master of any home trade [F30 ship (whether or not a United Kingdom ship) carrying more than 12 passengers] may refuse to receive on board thereof any person who by reason of drunkenness or otherwise is in such a state, or misconducts himself in such a manner, as to cause annoyance or injury to passengers on board, and if any such person is on board, may put him on shore at any convenient place; and a person so refused admittance or put on shore shall not be entitled to the return of any fare he has paid.

Textual Amendments

F30 Words in s. 288 substituted (1.6.1995) by S.I. 1995/1210, reg. 1(7)

3. Emigrant Ships U.K.

289–355 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31 U.K.

Textual Amendments

F31 Ss. 289–355, 357, 358, 359(2), 360(1)(2) repealed by Merchant Shipping Act 1970 (c. 36), s. 100, Sch. 5

Legal Proceedings U.K.

F32 356 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F32 S. 356 repealed (1.5.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2)

357, 358. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33 U.K.

Textual Amendments

F33 Ss. 289–355, 357, 358, 359(2), 360(1)(2) repealed by Merchant Shipping Act 1970 (c. 36), s. 100, Sch. 5

Supplemental U.K.

F34 359 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F34 S. 359 repealed (1.5.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2)

360

(1), (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36

Textual Amendments

F35 Ss. 289–355, 357, 358, 359(2), 360(1)(2) repealed by Merchant Shipping Act 1970 (c. 36), s. 100, Sch. 5

F36 S.360(3) repealed by Merchant Shipping Act 1979 (c. 39), Sch. 7 Pt. II

361, 362. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37 U.K.

Textual Amendments

F37 Ss. 361, 362, 364, 365 repealed by Merchant Shipping Act 1970 (c. 36), s. 100, Sch. 5

F38 363 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F38 S. 363 repealed (1.6.1995 with effect as mentioned in reg. 1(5)) by S.I. 1995/1210, reg. 1(4)(a)(5)

Application of Part III as regards Emigrant Ships U.K.

364, 365. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39 U.K.

Textual Amendments

F39 Ss. 361, 362, 364, 365 repealed by Merchant Shipping Act 1970 (c. 36), s. 100, Sch. 5

F40 366 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F40 S. 366 repealed (1.5.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2)

F41 367 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F41 S. 367 repealed (1.5.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2)

368 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42 U.K.

Textual Amendments

F42 S. 368 repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. VII

368A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43 U.K.

Textual Amendments

F43 S. 368A repealed by Burma Independence Act 1947 (11 & 12 Geo. 6 c. 3), s. 5, Sch. 2 Pt. I