Merchant Shipping Act 1894

Part IX U.K. Wreck and Salvage

Modifications etc. (not altering text)

C1 Pt. IX extended by S. R. & O. 1938/136 (Rev. I, p. 1329: 1938 I, p. 72), art. 2 and Crown Proceedings Act 1947 (c. 44), s. 8; amended by Sea Fisheries Act 1968 (c. 77), s. 17

Vessels in Distress U.K.

510 Definition of “wreck” and “salvage.” U.K.

In this Part of this Act unless the context otherwise requires—

(1) The expression ”wreck” includes jetsam, flotsam, lagan, and derelict found in or on the shores of the sea or any tidal water:

(2) The expression “salvage” includes all expenses, properly incurred by the salvor in the performance of the salvage services.

511 Duty of receiver where vessel in distress. U.K.

(1) Where a British or foreign vessel is wrecked, stranded, or in distress at any place on or near the coasts of the United Kingdom or any tidal water within the limits of the United Kingdom, the receiver of wreck for the district in which that place is situate shall, upon being made acquainted with the circumstance, forthwith proceed there, and upon his arrival shall take the command of all persons present, and shall assign such duties and give such directions to each person as he thinks fit for the preservation of the vessel and of the lives of the persons belonging to the vessel (in this Part of this Act referred to as shipwrecked persons) and of the cargo and apparel of the vessel.

(2) If any person wilfully disobeys the direction of the receiver, he shall for each offence be liable to a fine not exceeding [F1 fifty pounds][F1 level 3 on the standard scale]; but the receiver shall not interfere between the master and the crew of the vessel in reference to the management thereof, unless he is requested to do so by the master.

Textual Amendments

F1 Words “level 3 on the standard scale” substituted (E.W.S.) for “fifty pounds” 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

512 Powers of the receiver in case of vessels in distress. U.K.

(1) The receiver may, with a view to such preservation as aforesaid of shipwrecked persons or of the vessel, cargo, or apparel—

(a) require such persons as he thinks necessary to assist him:

(b) require the master, or other person having the charge, of any vessel near at hand to give such aid with his men, or vessel, as may be in his power:

(c) demand the use of any waggon, cart, or horses that may be near at hand.

(2) If any person refuses without reasonable cause to comply with any such requisition or demand, that person shall, for each refusal, be liable to a fine not exceeding one hundred pounds: . . . F2

Textual Amendments

F2 Words repealed by Finance Act 1944 (c. 23), Sch. 5 Pt. II

513 Power to pass over adjoining lands. U.K.

(1) Whenever a vessel is wrecked, stranded, or in distress as aforesaid, all persons may, for the purpose of rendering assistance to the vessel, or of saving the lives of the shipwrecked persons, or of saving the cargo or apparel of the vessel, unless there is some public road equally convenient, pass and repass, either with or without carriages or horses, over any adjoining lands without being subject to interruption by the owner or occupier, so that they do as little damage as possible, and may also, on the like condition, deposit on those lands any cargo or other article recovered from the vessel.

(2) Any damage sustained by an owner or occupier in consequence of the exercise of the rights given by this section shall be a charge on the vessel, cargo, or articles in respect of or by which the damage is occasioned, and the amount payable in respect of the damage shall, in case of dispute, be determined and shall, in default of payment, be recoverable in the same manner as the amount of salvage is under this Part of this Act determined or recoverable.

(3) If the owner or occupier of any land—

(a) impedes or hinders any person in the exercise of the rights given by this section by locking his gates, or refusing, upon request, to open the same, or otherwise; or

(b) impedes or hinders the deposit of any cargo or other article recovered from the vessel as aforesaid on the land: or

(c) prevents or endeavours to prevent any such cargo or other article from remaining deposited on the land for a reasonable time until it can be removed to a safe place of public deposit;

he shall for each offence be liable to a fine not exceeding [F3 one hundred pounds][F3 level 3 on the standard scale].

Textual Amendments

F3 Words “level 3 on the standard scale” substituted (E.W.S.) for “one hundred pounds” 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

F4 514 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F4 S. 514 repealed (1.5.1994) by 1993 c. 22, s. 8(3)(4), Sch. 4 para. 19, Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2)

515 Liability for damage in case of a vessel plundered. U.K.

Where a vessel is wrecked, stranded, or in distress as aforesaid, and the vessel or any part of the cargo and apparel thereof, is plundered, damaged, or destroyed by any persons riotously F5 . . . assembled together, whether on shore or afloat, compensation shall be made to the owner of the vessel, cargo, or apparel:

• In England in the same manner, by the same authority, and out of the same rate as if the plundering, damage, injury, or destruction were an injury, stealing, or destruction in respect of which compensation is payable under the provisions of the M1 Riot (Damages) Act 1886, and in the case of the vessel, cargo, or apparel not being in any police district, as if the plundering, damage, injury, or destruction took place in the nearest police district:

• In Scotland by the [F6 regional or islands council within whose area, or nearest to whose area, the plundering, damage or destruction took place and as if entitlement to such compensation arose under section 10 of the M2 Riotous Assemblies (Scotland) Act 1822.] ,[1 Geo. 1st. 1 c. 5.] and

• [F7 In Northern Ireland, in pursuance of an application, under the Criminal Injuries to Property (Compensation) Act (Northern Ireland) 1971 as modified for the purposes of this section by the Transfer of Functions (Criminal Injuries to Vessels) (Northern Ireland) Order 1973.]

Textual Amendments

F5 Words in s. 515 repealed (1.5.1994) by 1993 c. 22, s. 8(3)(4), Sch. 4 para. 20(a), Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2)

F6 Words in s. 515 substituted (1.5.1994) by 1993 c. 22, s. 8(3)(4), Sch. 4 para. 20(b); S.I. 1993/3137, art. 3(2)

F7 Words substituted by S.R. & O. (N.I.) 1973/56, art. 3(1)(3)

Modifications etc. (not altering text)

C2 S. 515 amended (E.W.) by Public Order Act 1986 (c. 64, SIF 39:2), s. 10(1)

Marginal Citations

M1 1886 c. 38.

M2 1 Geo. 1st. 1 c. 5.

516 Exercise of powers of receiver in his absence. U.K.

[F8 (1) Where any function is conferred on the receiver by any of the preceding sections of this Act that function may be discharged by any officer of customs and excise or any principal officer of the coastguard.]

(2) An officer acting under this section for a receiver shall, with respect to any goods or articles belonging to a vessel the delivery of which to the receiver is required by this Act, be considered as the agent of the receiver F8 . . .; but he shall not be entitled to any fees payable to receivers, or be deprived by reason of his so acting of any right to salvage to which he would otherwise be entitled.

Textual Amendments

F8 S. 516(1) substituted (1.5.1994) by 1993 c. 22, s. 8(3), Sch. 4 para. 21(a); S.I. 1993/3137, art. 3(2)

Words in s. 516(2) repealed (1.5.1994) by 1993 c. 22, s. 8(3)(4), Sch. 4 para. 21(b), Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2)

F9 517 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F9 S. 517 repealed (1.5.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2)

Dealing with Wreck U.K.

518 Provision as to wreck found in the United Kingdom. U.K.

[F10 (1)] Where any person finds or takes possession of any wreck within the limits of the United Kingdom he shall,—.

(a) if he is the owner thereof, give notice to the receiver F10 . . .stating that he has found or taken possession of the same, and describing the marks by which the same may be recognised;

(b) if he is not the owner thereof, [F10 give notice to the receiver that he has found or taken possession of it and, as directed by the receiver, either hold it to the receiver’s order or deliver it to the receiver;] and if any person fails, without reasonable cause, to comply with this section, he shall, for each offence, be liable to a fine not exceeding [F11 [F12 £500]][F11 level 4 on the standard scale], and shall in addition, if he is not the owner, forfeit any claim to salvage, and shall be liable to pay to the owner of the wreck if it is claimed, or, if it is unclaimed to the persons entitled to the same, double the value thereof, to be recovered [F10 , except in Scotland,]in the same way as a fine of a like amount under this Act.

[F10 (2) In Scotland, any sum payable under subsection (1) above to the owner of the wreck or to the persons entitled to the wreck shall, for the purposes of the sum’s recovery, be regarded as a debt due to the owner or as the case may be to those persons.]

Textual Amendments

F10 Words in s. 518(a) repealed (1.5.1994) by 1993 c. 22, s. 8(3)(4), Sch. 4 para. 22(a), Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2)

Words in s. 518 inserted (1.5.1994) by 1993 c. 22, s. 8(3), Sch. 4 para. 22(c); S.I. 1993/3137, art. 3(2)

S. 518(2) added (1.5.1994) by 1993 c. 22, s. 8(3), Sch. 4 para. 22(e); S.I. 1993/3137, art. 3(2)

Words in s. 518(b) substituted (1.5.1994) by 1993 c. 22, s. 8(3), Sch. 4 Para. 22(b); S.I. 1993/3137, art. 3(2)

S. 518 renumbered as s. 518(1) (1.5.1994) by 1993 c. 22, s. 8(3), Sch. 4 para. 22(d); S.I. 1993/3137, art. 3(2)

F11 Words “level 4 on the standard scale” substituted (E.W.S.) for “£500” 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

F12 Word substituted by virtue of Merchant Shipping Act 1979 (c. 39), s. 43(1), Sch. 6 Pt. III

Modifications etc. (not altering text)

C3 S. 518 extended by Merchant Shipping Act 1906 (c. 48), s. 72

519 Penalty for taking wreck at time of casualty. U.K.

(1) Where a vessel is wrecked, stranded, or in distress at any place on or near the coasts of the United Kingdom or any tidal water within the limits of the United Kingdom, any cargo or other articles belonging to or separated from the vessel, which may be washed on shore or otherwise lost or taken from the vessel shall be delivered to the receiver.

(2) If any person, whether the owner or not, secretes or keeps possession of any such cargo or article, or refuses to deliver the same to the receiver or any person authorised by him to demand the same, that person shall for each offence be liable to a fine not exceeding [F13 [F14 £500]][F13 level 4 on the standard scale].

(3) The receiver or any person authorised as aforesaid may take any such cargo or article by force from the person so refusing to deliver the same.

Textual Amendments

F13 Words “level 4 on the standard scale” substituted (E.W.S.) for “£500” 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

F14 Word substituted by virtue of Merchant Shipping Act 1979 (c. 39), s. 43(1), Sch. 6 Pt. III

520 Notice of wreck to be given by receiver. U.K.

Where a receiver takes possession of any wreck he shall within forty-eight hours—

[F15 (a) make a record describing the wreck and any marks by which it is distinguished;

(b) if, in his opinion, the value of the wreck exceeds £5,0 also transmit a similar description to the chief executive officer of Lloyds in London; and that officer shall cause it to be posted in some conspicuous place for inspection.

The record made by the receiver under paragraph (a) above shall be kept by him available for inspection by any person during reasonable hours without charge.]

Textual Amendments

F15 S. 520(a)(b) substituted (1.5.1994) by 1993 c. 22, s. 8(3), Sch. 4 para.23; S.I. 1993/3137, art. 3(2)

521 Claims of owners to wreck. U.K.

(1) The owner of any wreck in the possession of the receiver, upon establishing his claim to the same to the satisfaction of the receiver within one year from the time at which the wreck came into the possession of the receiver, shall, upon paying the salvage, fees, and expenses due, be entitled to have the wreck or the proceeds thereof delivered up to him.

(2) Where any articles belonging to or forming part of a foreign ship, which has been wrecked on or near the coasts of the United Kingdom, or belonging and forming part of the cargo, are found on or near those coasts, or are brought into any port in the United Kingdom, the consul-general of the country to which the ship or in the case of cargo to which the owners of the cargo may have belonged, or any consular officer of that country authorised in that behalf by any treaty or arrangement with that country, shall, in the absence of the owner and of the master or other agent of the owner, be deemed to be the agent of the owner, so far as relates to the custody and disposal of the articles.

Modifications etc. (not altering text)

C4 S. 521 extended by Consular Conventions Act 1949 (c. 29), s. 5(2)

522 Immediate sale of wreck by receiver in certain cases. U.K.

A receiver may at any time sell any wreck in his custody if in his opinion—

(a) it is under the value of [F16 £5,0], or

(b) it is so much damaged or of so perishable a nature that it cannot with advantage be kept, or

(c) it is not of sufficient value to pay for [F16 storage],

and the proceeds of the sale shall, after defraying the expenses thereof, be held by the receiver for the same purposes and subject to the same claims, rights, and liabilities as if the wreck had remained unsold.

Textual Amendments

F16 Words in s. 522 substituted (1.5.1994) by 1993 c. 22, s. 8(3), Sch. 4 para.24; S.I. 1993/3137, art. 3(2)

Unclaimed Wreck U.K.

523 Right of Crown to unclaimed wreck. U.K.

Her Majesty and Her Royal successors are entitled to all unclaimed wreck found in any part of Her Majesty’s dominions, except in places where Her Majesty or any of Her Royal predecessors has granted to any other person the right to that wreck.

524 Notice of unclaimed wreck to be given to persons entitled. U.K.

(1) [F17 Any person who is entitled to unclaimed wreck found on any place in the United Kingdom or in United Kingdom waters] shall deliver to the receiver a statement containing the particulars of his title, and an address to which notices may be sent.

(2) When a statement has been so delivered and the title proved to the satisfaction of the receiver, the receiver shall, on taking possession of any wreck found at a place to which the statement refers, within forty-eight hours send to the address delivered a description of the wreck and of any marks by which it is distinguished.

Textual Amendments

F17 Words in s. 524 substituted (1.5.1994) by 1993 c. 22, s. 8(3), Sch. 4 Para.25; S.I. 1993/3137, art. 3(2)

525 Disposal of unclaimed wreck. U.K.

Where no owner establishes a claim to any wreck, found in the United Kingdom and in the possession of a receiver, within one year after it came into his possession, the wreck shall be dealt with as follows; (that is to say,)

(1) If the wreck is claimed by any admiral, vice-admiral, lord of a manor, heritable proprietor, or other person who has delivered such a statement to the receiver as herein-before provided, and has proved to the satisfaction of the receiver his title to receive unclaimed wreck found at the place where that wreck was found, the wreck after payment of all expenses, costs, fees, and salvage due in respect thereof, shall be delivered to him;

(2) If the wreck is not claimed by any admiral, vice-admiral, lord of a manor, heritable proprietor, or other person as aforesaid, the receiver shall sell the same and shall pay the proceeds of the sale (after deducting therefrom the expenses of the sale, and any other expenses incurred by him, and his fees, and paying thereout to the salvors such amount of salvage as the Board of Trade may in each case, or by any general rule, determine) for the benefit of the Crown, as follows; (that is to say,)

(a) If the wreck is claimed in right of Her Majesty’s duchy of Lancaster, to the receiver-general of that duchy or his deputies as part of the revenues of that duchy;

(b) If the wreck is claimed in right of the duchy of Cornwall, to the receiver-general of that duchy or his deputies as part of the revenues of that duchy; and

(c) If the wreck is not so claimed, the receiver shall pay the proceeds of sale . . . F18 after the decease of Her present Majesty to her heirs and successors.

Textual Amendments

F18 Words repealed by Statute Law Revision Act 1908 (c. 49)

F19 526 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F19 S. 526 repealed (1.5.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2)

527 Delivery of unclaimed wreck by receivers not to prejudice title. U.K.

Upon delivery of wreck or payment of the proceeds of sale of wreck by a receiver, in pursuance of the provisions of this Part of this Act, the receiver shall be discharged from all liability in respect thereof, but the delivery thereof shall not prejudice or affect any question which may be raised by third parties concerning the right or title to the wreck, or concerning the title to the soil of the place on which the wreck was found.

F20 528 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F20 S. 528 repealed (1.5.1994) by 1993 c. 22, s. 8(3)(4), Sch. 4 para. 26, Sch. 5 Pt.II. ; S.I. 1993/3137, art. 3(2)

F21 529 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F21 S. 529 repealed (1.5.1994) by 1993 c. 22, s. 8(3)(4), Sch. 4 para. 27, Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2)

Removal of Wrecks U.K.

530 Removal of wreck by harbour or conservancy authority. U.K.

Where any vessel is sunk, stranded, or abandoned in any harbour or tidal water under the control of a harbour or conservancy authority, or in or near any approach thereto, in such manner as in the opinion of the authority to be, or be likely to become, an obstruction or danger to navigation or to lifeboats engaged in lifeboat service in that harbour or water or in any approach thereto, that authority may—

(a) take possession of, and raise, remove, or destroy the whole or any part of the vessel; and

(b) light or buoy any such vessel or part until the raising, removal, or destruction thereof; and

(c) sell, in such manner as they think fit, any vessel or part so raised or removed, and also any other property recovered in the exercise of their powers under this section, and out of the proceeds of the sale reimburse themselves for the expenses incurred by them in relation thereto under this section, and the authority shall hold the surplus, if any, of the proceeds in trust for the persons entitled thereto.

Provided as follows:—

(1) A sale shall not (except in the case of property which is of a perishable nature, or which would deteriorate in value by delay) be made under this section until at least seven clear days notice of the intended sale has been given by advertisement in some local newspaper circulating in or near the district over which the authority have control; and

(2) At any time before any property is sold under this section, the owner thereof shall be entitled to have the same delivered to him on payment to the authority of the fair market value thereof, to be ascertained by agreement between the authority and the owner, or failing agreement by some person to be named for the purpose by the Board of Trade, and the sum paid to the authority as the value of any property under this provision shall, for the purposes of this section, be deemed to be the proceeds of sale of that property.

Modifications etc. (not altering text)

C5 S. 530 modified by S.I. 1989/1991, arts. 8, 9

C6 S. 530 modified by Highland Regional Council (Harbours) Order Confirmation Act 1991 (c. xii), s. 22(1)

C7 S. 530 modified (E.W.S.) (23.5.1991) by S.I. 1991/1257, art. 1, 25(1)

C8 S. 530 restricted (E.W.S.) (23.5.1991) by S.I. 1991/1257, art. 1, 26(1)

C9 Ss. 530-534 restricted (13.6.1992) by S.I. 1992/1293, arts. 8, 9

C10 Ss. 530-534 restricted (12.6.1992) by S.I. 1992/1294, arts. 8, 9

C11 S. 530 modified (28.5.1994) by S.I. 1994/1440, art. 12(1)

C12 S. 530 restricted (28.5.1994) by S.I. 1994/1440, art. 13(1)(3)

C13 S. 530 applied (with modifications) (30.8.1994) by S.I. 1994/2298, art. 23(1)

531 Power of lighthouse authority to remove wreck. U.K.

(1) Where any vessel is sunk, stranded, or abandoned in any fairway, or on the seashore or on or near any rock, shoal, or bank, in the British Islands, or any of the adjacent seas or islands, and there is not any harbour or conservancy authority having power to raise, remove, or destroy the vessel, the general lighthouse authority for the place in or near which the vessel is situate shall, if in their opinion the vessel is, or is likely to become, an obstruction or danger to navigation or to lifeboats engaged in the lifeboat service, have the same powers in relation thereto as are by this Part of this Act conferred upon a harbour or conservancy authority.

[F22 (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.]

Textual Amendments

F22 S. 531(2)–(4) substituted by Merchant Shipping Act 1988 (c. 2, SIF 111), s. 48, Sch. 5

Modifications etc. (not altering text)

C14 S. 531 modified by S.I. 1989/1991, arts. 8, 9

C15 Ss. 530-534 restricted (13.6.1992) by S.I. 1992/1293, arts. 8, 9

C16 Ss. 530-534 restricted (12.6.1992) by S.I. 1992/1294, arts.8, 9

532 Power of removal to extend to tackle, cargo, &c. U.K.

The provisions of this Part of this Act relating to removal of wrecks shall apply to every article or thing or collection of things being or forming part of the tackle, equipments, cargo, stores, or ballast of a vessel in the same manner as if it were included in the term “vessel,” and for the purposes of these provisions any proceeds of sale arising from a vessel and from the cargo thereof, or any other property recovered therefrom, shall be regarded as a common fund.

Modifications etc. (not altering text)

C17 S. 532 restricted by S.I. 1988/2304, art. 12

C18 S. 532 modified by S.I. 1989/1991, arts. 8, 9

C19 S. 532 modified by Highland Regional Council (Harbours) Order Confirmation Act 1991 (c. xii), s. 22(1)

C20 S. 532 modified (E.W.S.) (23.5.1991) by S.I. 1991/1257, art. 1, 25(1)

C21 S. 532 restricted (E.W.S.) (23.5.1991) by S.I. 1991/1257, art. 1, 26(1)

C22 Ss. 530-534 restricted (13.6.1992) by S.I. 1992/1293, arts. 8, 9

C23 Ss. 530-534 restricted (12.6.1992) by S.I. 1992/1294, arts. 8, 9

C24 S. 532 modified (28.5.1994) by S.I. 1994/1440, art. 12(1)

C25 S. 532 restricted (28.5.1994) by S.I. 1994/1440, art. 13(1)(3)

C26 S. 523 applied (with modifications) (30.8.1994) by S.I. 1994/2298, art. 23(1)

533 Power for Board of Trade to determine certain questions between authorities. U.K.

If any question arises between a harbour or conservancy authority on the one hand and a general lighthouse authority on the other hand as to their respective powers under this Part of this Act for the removal of wrecks, in relation to any place being in or near an approach to a harbour or tidal water, that question shall, on the application of either authority, be referred to the decision of the Board of Trade, and the decision of that Board shall be final.

Modifications etc. (not altering text)

C27 Ss. 533, 534 restricted by S.I. 1988/2304, art. 12

C28 Ss. 533, 534 modified by S.I. 1989/1991, arts. 8, 9

C29 Ss. 530-534 restricted (13.6.1992) by S.I. 1992/1293, arts.8, 9

C30 Ss. 530-534 restricted (12.6.1992) by S.I. 1992/1294, arts. 8, 9

534 Powers to be cumulative. U.K.

The powers conferred by this Part of this Act on a harbour, conservancy, or lighthouse, authority, for the removal of wrecks shall be in addition to and not in derogation of any other powers for a like object.

Modifications etc. (not altering text)

C31 Ss. 533, 534 restricted by S.I. 1988/2304, art. 12

C32 Ss. 533, 534 modified by S.I. 1989/1991, arts. 8, 9

C33 Ss. 530-534 restricted (13.6.1992) by S.I. 1992/1293, arts. 8, 9

C34 Ss. 530-534 restricted (12.6.1992) by S.I. 1992/1294, arts. 8, 9

Offences in respect of Wreck U.K.

535 Taking wreck to foreign port. U.K.

If any person takes into any foreign port any vessel, stranded, derelict, or otherwise in distress, found on or near the coasts of the United Kingdom or any tidal water within the limits of the United Kingdom, or any part of the cargo or apparel thereof, or anything belonging thereto, or any wreck found within those limits, and there sells the same, that person shall be guilty of felony, and on conviction thereof shall be liable to be kept in penal servitude for a term not less than three years and not exceeding five years.

Modifications etc. (not altering text)

C35 Reference to sentence of penal servitude to be construed as a reference to sentence of imprisonment for a term not exceeding maximum specified: Criminal Justice Act 1948 (c. 58), s. 1(1) Criminal Procedure (Scotland) Act 1975 (c. 21), s. 221(1) and Criminal Justice Act (Northern Ireland) 1953 (c. 14), s. 1(1)

536 Interfering with wrecked vessel or wreck. U.K.

(1) A person shall not without the leave of the master board or endeavour to board any vessel which is wrecked, stranded, or in distress, unless that person is, or acts by command of, the receiver or a person lawfully acting as such, and if any person acts in contravention of this enactment, he shall for each offence be liable to a fine not exceeding [F23 [F24 £200]][F23 level 3 on the standard scale], and the master of the vessel may repel him by force.

(2) A person shall not—

(a) impede or hinder, or endeavour in any way to impede or hinder, the saving of any vessel stranded or in danger of being stranded, or otherwise in distress on or near any coast or tidal water, or of any part of the cargo or apparel thereof, or of any wreck;

(b) secrete any wreck, or deface or obliterate any marks thereon; or

(c) wrongfully carry away or remove any part of a vessel stranded or in danger of being stranded, or otherwise in distress, on or near any coast or tidal water, or any part of the cargo or apparel thereof, or any wreck,

and if any person acts in contravention of this enactment, he shall be liable for each offence to a fine not exceeding [F25 [F26 £500]][F25 level 4 on the standard scale], and that fine may be inflicted in addition to any punishment to which he may be liable by law under this Act or otherwise.

Textual Amendments

F23 Words “level 3 on the standard scale” substituted (E.W.S.) for “£200” 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

F24 Word substituted by virtue of Merchant Shipping Act 1979 (c. 39), s. 43(1), Sch. 6 Pt. II

F25 Words “level 4 on the standard scale” substituted (E.W.S.) for “£500” 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

F26 Word substituted by virtue of Merchant Shipping Act 1979 (c. 39), s. 43(1), Sch. 6 Pt. III

537 Summary procedure for concealment of wreck. U.K.

(1) Where a receiver suspects or receives information that any wreck is secreted or in the possession of some person, who is not the owner thereof or that any wreck is otherwise improperly dealt with he may apply to any justice of the peace for a search warrant and that justice shall have power to grant such a warrant, and the receiver, by virtue thereof, may enter any house, or other place, wherever situate, and also any vessel, and search for, seize, and detain any such wreck there found.

(2) If any such seizure of wreck is made in consequence of information given by any person to the receiver, on a warrant being issued under this section, the informer shall be entitled, by way of salvage, to such sum not exceeding in any case [F27 £100] as the receiver may allow.

Textual Amendments

F27 Words in s. 537(2) substituted (1.5.1994) by 1993 c. 22, s. 8(3), Sch. 4 para.28; S.I. 1993/3137, art. 3(2)

Marine Store Dealers U.K.

[F28 538 Marine store dealer to have his name and trade painted on his shop. U.K.

(1) Every person dealing in, buying, or selling, any of the articles following, that is to say, anchors, cables, sails, old junk, or old iron, or other marine stores of any kind (in this Part of this Act called a marine store dealer) shall have his name, together with the words “dealer in marine stores,” distinctly painted, in letters of not less than six inches in length on every warehouse and place of deposit belonging to him.

(2) If a marine store dealer fails to comply with the requirements of this section, he shall for each offence be liable to a fine not exceeding [F29 twenty pounds][F29 £50].]

Textual Amendments

F28 S. 538–542 repealed (E.W.S.) by (E.W.) Scrap Metal Dealers Act 1964 (c. 69), Sch. Pt. I and (S.) Civic Government (Scotland) Act 1982 (c. 45, SIF 81:2), s. 137, Sch. 4

F29 “£50” substituted (S.) for “twenty pounds” by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), s. 289C(4)(5)(8)

[F30 539 Marine store dealer to keep proper books. U.K.

(1) Every marine store dealer shall keep proper books, and enter therein an account of all marine stores of which he becomes possessed, stating in respect of each article the time at which and the person from whom he purchased or received the same, and a description of the business and place of abode of that person.

(2) If a marine store dealer fails to comply with the requirements of this section he shall be liable to a fine for the first offence not exceeding [F31 twenty pounds][F31 £50] and for every subsequent offence not exceeding fifty pounds.]

Textual Amendments

F30 S. 538–542 repealed (E.W.S.) by (E.W.) Scrap Metal Dealers Act 1964 (c. 69), Sch. Pt. I and (S.) Civic Government (Scotland) Act 1982 (c. 45, SIF 81:2), s. 137, Sch. 4

F31 “£50” substituted (S.) for “twenty pounds” by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), s. 289C(4)(5)(8)

Modifications etc. (not altering text)

C36 S. 539(2) amended (N.I.) by Increase of Fines Act (Northern Ireland) 1967 (c. 29), Sch. Pt I

[F32 540 Marine store dealer not to purchase from person under sixteen. U.K.

(1) A marine store dealer shall not by himself or his agents purchase marine stores of any description from any person apparently under the age of sixteen years.

(2) If a marine store dealer so purchases any marine store, he shall be liable to a fine for the first offence not exceeding [F33 five pounds][F33 £25] and for every subsequent offence not exceeding [F34 twenty pounds][F34 £50].]

Textual Amendments

F32 S. 538–542 repealed (E.W.S.) by (E.W.) Scrap Metal Dealers Act 1964 (c. 69), Sch. Pt. I and (S.) Civic Government (Scotland) Act 1982 (c. 45, SIF 81:2), s. 137, Sch. 4

F33 “£25” substituted (S.) for “five pounds” by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), s. 289C(4)(5)(8)

F34 “£50” substituted (S.) for “twenty pounds” by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), s. 289C(4)(5)(8)

Modifications etc. (not altering text)

C37 S. 540(2) amended (N.I.) by Increase of Fines Act (Northern Ireland) 1967 (c. 29), Sch. Pt. I

[F35 541 Marine store dealer not to cut up cable, &c. U.K.

(1) A marine store dealer shall not, on any pretence, cut up any cable or other like article exceeding five fathoms in length, or unlay the same into twine or paper stuff without obtaining a written permit as required by this section.

(2) In order to obtain a written permit a marine store dealer shall make a declaration before some justice of the peace having jurisdiction where the dealer resides, stating—

(a) the quality and description of the cable or other like article about to be cut up or unlaid;

(b) the name and description of the person from whom he purchased or received the same; and

(c) that he has purchased or otherwise acquired the same without fraud and without any knowledge or suspicion that it has been come by dishonestly:

and either the justice of the peace before whom the declaration is made, or the receiver of the district, upon the production of the declaration, may grant a permit authorising the marine store dealer to cut up or unlay the cable or other article.

(3) If a marine store dealer cuts up or unlays any cable or other article without complying with the provisions of this section he shall be liable to a fine for the first offence not exceeding [F36 twenty pounds][F36 £50] and for every subsequent offence not exceeding fifty pounds.]

Textual Amendments

F35 S. 538–542 repealed (E.W.S.) by (E.W.) Scrap Metal Dealers Act 1964 (c. 69), Sch. Pt. I and (S.) Civic Government (Scotland) Act 1982 (c. 45, SIF 81:2), s. 137, Sch. 4

F36 “£50” substituted (S.) for “twenty pounds” by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), s. 289C(4)(5)(8)

[F37 542 Permit to be advertised before dealer proceeds to act thereon. U.K.

(1) A marine store dealer who has obtained a permit as aforesaid shall not proceed by virtue thereof to cut up or unlay any cable or other article until he has for the space of one week, at the least, published in some newspaper circulating in the place where he resides one or more advertisements, notifying the fact of his having so obtained a permit, and specifying the nature of the cable or article mentioned in the permit, and the place where it is deposited, and the time at which it is intended to be so cut up or unlaid.

(2) If any person suspects or believes that the cable or other article is his property he may apply to a justice of the peace for a warrant, and that justice may, on the sworn statement of the applicant, grant a warrant entitling the applicant to require the production by the marine store dealer of the cable or article mentioned in the permit, and also of the books required under this Part of this Act to be kept by the marine store dealer, and authorising the applicant to inspect and examine the cable or article or books.

(3) If a marine store dealer fails without reasonable cause to comply with any of the requirements of this section, he shall be liable for the first offence to a fine not exceeding [F38 twenty pounds][F38 £50] and for every subsequent offence to a fine not exceeding fifty pounds.]

Textual Amendments

F37 S. 538–542 repealed (E.W.S.) by (E.W.) Scrap Metal Dealers Act 1964 (c. 69), Sch. Pt. I and (S.) Civic Government (Scotland) Act 1982 (c. 45, SIF 81:2), s. 137, Sch. 4

F38 “£50” substituted (S.) for “twenty pounds” by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), s. 289C(4)(5)(8)

Marking of Anchors U.K.

F39 543 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F39 S. 543 repealed (1.5.1994) by 1993 c. 22, s. 8(3)(4), Sch. 4 para. 29, Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2)

Salvage U.K.

544 Salvage payable for saving life. U.K.

(1) Where services are rendered wholly or in part within British waters in saving life from any British or foreign vessel, or elsewhere in saving life from any British vessel, there shall be payable to the salvor by the owner of the vessel, cargo, or apparel saved, a reasonable amount of salvage, to be determined in case of dispute in manner herein-after mentioned.

(2) Salvage in respect of the preservation of life when payable to the owners of the vessel shall be payable in priority to all other claims for salvage.

(3) Where the vessel, cargo, and apparel are destroyed, or the value thereof is insufficient, after payment of the actual expenses incurred, to pay the amount of salvage payable in respect of the preservation of life, the Board of Trade may, in their discretion, award to the salvor, out of the Mercantile Marine Fund, such sum as they think fit in whole or part satisfaction of any amount of salvage so left unpaid.

Modifications etc. (not altering text)

C38 S. 544 amended (1.5.1994) by 1993 c. 22, s. 8(3), Sch. 4 para. 2(3); S.I. 1993/3137, art. 3(2)

S. 544 restricted (1.5.1994) by 1993 c. 22, s. 8(3), Sch. 4 para. 6(1)(a); S.I. 1993/3137, art. 3(2)

545 Salvage of life from foreign vessels. U.K.

When it is made to appear to Her Majesty that the government of any foreign country is willing that salvage should be awarded by British courts for services rendered in saving life from ships belonging to that country, when the ship is beyond the limits of British jurisdiction, Her Majesty, may, by Order In Council, direct that the provisions of this Part of this Act with reference to salvage of life shall, subject to any conditions and qualifications contained in the Order, apply, and those provisions shall accordingly apply to those services as if they were rendered in saving life from ships within British jurisdiction.

546 Salvage of cargo or wreck. U.K.

[F40 (1)] Where any vessel is wrecked, stranded, or in distress at any place on or near the coasts of the United Kingdom or any tidal water within the limits of the United Kingdom, and services are rendered by any person in assisting that vessel or saving the cargo or apparel of that vessel or any part thereof, and where services are rendered by any person other than a receiver in saving any wreck, there shall be payable to the salvor by the owner of the vessel, cargo, apparel, or wreck, a reasonable amount of salvage to be determined in case of dispute in manner herein-after mentioned.

[F41 (2) In this section “tidal water” means—

(a) any waters within the ebb and flow of the tide at ordinary spring tides; or

(b) the waters of any dock which is directly, or (by means of one or more other docks) indirectly, connected with any such waters.]

Textual Amendments

F40 S. 546(1) renumbered from s. 546 by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 48, Sch. 5 (with s. 58(4), Sch. 8 para. 1)

F41 S. 546(2) added by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 48, Sch. 5 (with s. 58(4), Sch. 8 para. 1)

Procedure in Salvage U.K.

F42 547 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F42 S. 547 repealed (1.5.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2)

F43 548 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F43 S. 548 repealed (1.5.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2)

F44 549 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F44 S. 549 repealed (1.5.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2)

F45 550 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F45 S. 550 repealed (1.5.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2)

551 Valuation of property by receiver. U.K.

(1) Where any dispute as to salvage arises, the receiver F46 . . .may, on the application of either party, appoint a valuer to value that property, and shall give copies of the valuation to both parties.

(2) Any copy of the valuation purporting to be signed by the valuer, and to be certified as a true copy by the receiver, shall be admissible as evidence in any subsequent proceedings.

(3) There shall be paid in respect of the valuation by the person applying for the same such fee as the Board of Trade may direct.

Textual Amendments

F46 Words in s. 551(1) repealed (1.5.1994) by 1993 c. 22, s. 8(3)(4), Sch. 4 para. 33, Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2)

552 Detention of property liable for salvage by a receiver. U.K.

(1) Where salvage is due to any person under this Act, the receiver shall—

(a) if the salvage is due in respect of services rendered in assisting any vessel, or in saving life therefrom, or in saving the cargo or apparel thereof, detain the vessel and cargo or apparel; and

(b) if the salvage is due in respect of the saving of any wreck, and the wreck is not sold as unclaimed under the Act, detain the wreck.

(2) Subject as herein-after mentioned, the receiver shall detain the vessel and the cargo and apparel, or the wreck (herein-after referred to as detained property) until payment is made for salvage, or process is issued for the arrest or detention thereof by some competent court.

(3) A receiver may release any detained property if security is given to his satisfaction or, if the claim for salvage exceeds [F47 £5,0], and any question is raised as to the sufficiency of the security, to the satisfaction in England or Ireland of the High Court, and in Scotland of the Court of Session, including any division of that court, or the Lord Ordinary officiating on the bills during vacation.

(4) Any security given for salvage in pursuance of this section to an amount exceeding two hundred pounds may be enforced by such court as aforesaid in the same manner as if bail had been given in that court.

Textual Amendments

F47 Words in s. 552(3) substituted (1.5.1994) by 1993 c. 22, s. 8(3), Sch. 4 para.30; S.I. 1993/3137, art. 3(2)

Modifications etc. (not altering text)

C39 Reference to the Lord Ordinary officiating on the bills during vacation to be construed as reference to the judge acting as vacation judge in pursuance of s. 4 of the Administration of Justice (Scotland) Act 1933 (c. 41): ibid., s. 3

C40 Reference to Ireland to be construed as exclusive of Republic of Ireland: S. R. & O. 1923/405 (Rev. X, p. 298: 1923, p. 400), art. 2

C41 Ss. 552, 553 restricted (13.6.1992) by S.I. 1992/1293, art. 12, Sch.

553 Sale of detained property by receiver. U.K.

(1) The receiver may sell any detained property if the persons liable to pay the salvage in respect of which the property is detained are aware of the detention, in the following cases; namely,—

(a) Where the amount is not disputed, and payment of the amount due is not made within twenty days after the amount is due, or,

(b) Where the amount is disputed, but no appeal lies from the first court to which the dispute is referred, and payment is not made within twenty days after the decision of the first court, or

(c) Where the amount is disputed and an appeal lies from the decision of the first court to some other court, and within twenty days of the decision of the first court neither payment of the sum due is made nor proceedings are commenced for the purpose of appeal.

(2) The proceeds of sale of detained property shall, after payment of the expenses of the sale, be applied by the receiver in payment of the expenses, fees, and salvage, and, so far as not required for that purpose, shall be paid to the owners of the property, or any other persons entitled to receive the same.

Modifications etc. (not altering text)

C42 Ss. 552, 553 restricted (13.6.1992) by 1992/1293, art. 12, Sch.

F48 554 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F48 S. 554 repealed (1.5.1994) by 1993 c. 22, s. 8(3), Sch. 5 Pt. II; S.I. 1993/3137, art. 3(2)

555 Apportionment of salvage under 200l. by receiver. U.K.

(1) Where the aggregate amount of salvage payable in respect of salvage services rendered in the United Kingdom has been finally determined, either summarily in manner provided by this Act or by agreement, [F49 or by a county court in England or Wales] and does not exceed [F50 £5,0], but a dispute arises as to the apportionment thereof among several claimants, the person liable to pay the amount may apply to the receiver for liberty to pay the same to him; and the receiver shall, if he thinks fit, receive the same accordingly, and shall grant to the person paying the amount a certificate of the amount paid and of the services in respect of which it is paid, and that certificate shall be a full discharge and indemnity to the person by whom the money is paid, and to his vessel, cargo, apparel, and effects against the claims of all persons whomsoever in respect of the services mentioned in the certificate.

(2) The receiver shall with all convenient speed distribute any amount received by him under this section among the persons entitled to the same on such evidence, and in such shares and proportions, as he thinks fit, and may retain any money which appears to him to be payable to any person who is absent.

(3) A distribution made by a receiver in pursuance of this section shall be final and conclusive as against all persons claiming to be entitled to any portion of the amount distributed.

Textual Amendments

F49 Words inserted by County Courts Act 1984 (c. 28, SIF 34), s. 27(11)

F50 Words in s. 555(1) substituted (1.5.1994) by 1993 c. 22, s. 8(3), Sch. 4 para.30; S.I. 1993/3137, art. 3(2)

556 Apportionment of salvage by Admiralty Courts. U.K.

Whenever the aggregate amount of salvage payable in respect of salvage service rendered in the United Kingdom has been finally ascertained, and exceeds [F51 £5,0], and whenever the aggregate amount of salvage payable in respect of salvage services rendered elsewhere has been finally ascertained, whatever that amount may be, then, if any delay or dispute arises as to the apportionment thereof, any court having Admiralty jurisdiction may cause the same to be apportioned amongst the persons entitled thereto in such manner as it thinks just, and may for that purpose, if it thinks fit, appoint any person to carry that apportionment into effect, and may compel any person in whose hands or under whose control the amount may be to distribute the same, or to bring the same into court to be there dealt with as the court may direct, and may for the purposes aforesaid issue such processes as it thinks fit.

Textual Amendments

F51 Words in s. 556 substituted (1.5.1994) by 1993 c. 22, s. 8(3), Sch. 4 para.30; S.I. 1993/3137, art. 3(2)

Salvage by Her Majesty’s Ships U.K.

557 Salvage by Her Majesty’s ships. U.K.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F52 no claim for salvage services by the commander or crew, or part of the crew of any of Her Majesty’s ships shall be finally adjudicated upon, unless the consent of [F53 the Secretary of State] to the prosecution of that claim is proved.

(2) Any document purporting to give the consent of [F53 the Secretary of State] for the purpose of this section, and to be signed by [F53 an officer of the Ministry of Defence] or on his behalf, shall be evidence of that consent.

(3) If a claim is prosecuted and the consent is not proved, the claim shall stand dismissed with costs.

Textual Amendments

F52 Words repealed by Merchant Shipping (Salvage) Act 1940 (c. 43), Sch.

F53 Words substituted by virtue of Defence (Transfer of Functions) Act 1964 (c. 15), ss. 1(2), 3(2)

F54 558 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F54 Ss. 558-564 repealed (1.5.1994) by 1993 c. 22, s. 8(3)(4), Sch. 4, para. 34, Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2)

F55 559 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F55 Ss. 558-564 repealed (1.5.1994) by 1993 c. 22, s. 8(3)(4), Sch. 4, para. 34, Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2)

F56 560 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F56 Ss. 558-564 repealed (1.5.1994) by 1993 c. 22, s. 8(3)(4), Sch. 4, para. 34, Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2)

F57 561 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F57 Ss. 558-564 repealed (1.5.1994) by 1993 c. 22, s. 8(3)(4), Sch. 4, para. 34, Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2)

F58 562 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F58 Ss. 558-564 repealed (1.5.1994) by 1993 c. 22, s. 8(3)(4), Sch. 4, para. 34, Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2)

F59 563 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F59 Ss. 558-564 repealed (1.5.1994) by 1993 c. 22, s. 8(3)(4), Sch. 4, para. 34, Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2)

F60 564 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F60 Ss. 558-564 repealed (1.5.1994) by 1993 c. 22, s. 8(3)(4), Sch. 4, para. 34, Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2)

Jurisdiction of High Court in Salvage U.K.

F61 565 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F61 S. 565 repealed (1.5.1994) by 1993 c. 22, s. 8(4), Sch. 4, Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2)

Appointment of Receivers of Wreck U.K.

566 Appointment of receivers of wreck. U.K.

The Board of Trade shall have the general superintendence throughout the United Kingdom of all matters relating to wreck, and may, with the consent of the Treasury, appoint [F62 one or more persons to be receiver of wreck for the purposes of this Part of this Act and a receiver so appointed shall discharge such functions as are assigned to him by the Secretary of State

(2) Such public notice of appointments to the office of receiver shall be given as appears to the Secretary of State to be appropriate.]

Textual Amendments

F62 Words and subsection (2) substituted (1.5.1994) for words in s. 566 by 1993 c. 22, s. 8(3), Sch. 4 para. 31; S.I. 1993/3137, art. 3(2)

Fees of Receivers of Wreck U.K.

567 Receivers fees . U.K.

(1) There shall be paid to every receiver the expenses properly incurred by him in the performance of his duties, and also, in respect of [F63 such matters as may be prescribed by regulations made by the Secretary of State by statutory instrument such fees as may be so prescribed] by the Board of Trade, but a receiver shall not be entitled to any remuneration other than those payments.

(2) The receiver shall, in addition to all other rights and remedies for the recovery of those expenses or fees, have the same rights and remedies in respect thereof as a salvor has in respect of salvage due to him.

(3) Whenever any dispute arises in any part of the United Kingdom as to the amount payable to any receiver in respect of expenses or fees, that dispute shall be determined by the Board of Trade, and the decision of that Board shall be final.

(4) All fees received by a receiver in respect of any services performed by him as receiver shall be carried to and form part of the Mercantile Marine Fund, but a separate account shall be kept of those fees, and the moneys arising from them shall be applied in defraying any expenses duly incurred in carrying into effect this Act in such manner as the Board of Trade direct.

Textual Amendments

F63 Words in s. 567(1) substituted (1.5.1994) by 1993 c. 22, s. 8(3), Sch. 4 para.32; S.I. 1993/3137, art. 3(2)

Modifications etc. (not altering text)

C43 Ss. 567, 568 restricted (13.6.1992) by S.I. 1992/1293, art. 12, Sch

568 Remuneration for services by coastguard . U.K.

(1) Where services are rendered by any officers or men of the coastguard service in watching or protecting shipwrecked property, then, unless it can be shown that those services have been declined by the owner of the property or his agent at the time they were tendered, or that salvage has been claimed and awarded for those services, the owner of the property shall pay in respect of those services remuneration according to a scale to be fixed by the Board of Trade; and that remuneration shall be recoverable by the same means, and shall be paid to the same persons, and accounted for and applied in the same manner as fees received by receivers under the provisions of this Part of this Act.

(2) The scale fixed by the Board of Trade shall not exceed the scale by which remuneration to officers and men of the coastguard for extra duties in the ordinary service of the [F64 Commissioners of Customs and Excise] is for the time being regulated.

Textual Amendments

F64 Words substituted by virtue of Customs and Excise Management Act 1979 (c. 2), Sch. 4 para. 1

Modifications etc. (not altering text)

C44 Ss. 567, 568 restricted (13.6.1992) by S.I. 1992/1293, art. 12,Sch.

Duties on Wreck U.K.

569 Provisions as to duties, &c. on wrecked goods. U.K.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F65

(2) The [F66 Commissioners of Customs and Excise] shall permit all goods, wares, and merchandise saved from any ship stranded or wrecked on her homeward voyage to be forwarded to the port of her original destination, and all goods, wares, and merchandise saved from any ship stranded or wrecked on her outward voyage to be returned to the port at which the same were shipped; but those Commissioners shall take security for the due protection of the revenue in respect of those goods.

Textual Amendments

F65 S. 569(1) repealed by Customs and Excise Act 1952 (c. 44), Sch. 12 Pt. I

F66 Words substituted by virtue of Customs and Excise Management Act 1979 (c. 2), Sch. 4 para. 1

Supplemental U.K.

570 Powers of sheriff in Scotland. U.K.

Any matter or thing which may be done under this Part of this Act by or to a justice of the peace, or a court of summary jurisdiction, may in Scotland be done by or to the sheriff of the [F67 Sheriffdom].

Textual Amendments

F67 Words substituted by virtue of Sheriff Courts (Scotland) Act 1971 (c. 58), Sch. 1 para. 1

571 Saving for Cinque ports. U.K.

Nothing in this Part of this Act shall prejudice or affect any jurisdiction or powers of the Lord Warden or any officers of the Cinque ports or of any court of those ports or of any court having concurrent jurisdiction within the boundaries of these ports, and disputes as to salvage arising within those boundaries shall be determined in the manner in which they have been hitherto determined.