UKPGA-1993-22 Merchant Shipping (Registration, etc.) Act 1993 (repealed 1.1.1996) UK

he has made the prescribed application to the registrar; and

the registrar is satisfied that the ship retains a British connection and that he would not refuse to register the ship.

he has made the prescribed application to the registrar; and

the registrar is satisfied that the ship retains a British connection and that he would not refuse to register the ship.

such an application is not made within the time allowed by or under sub-paragraph (3) above; or

the court refuse an order for sale,

Where a ship or share is subject to a registered mortgage—

except so far as may be necessary for making the ship or share available as a security for the mortgage debt, the mortgagee shall not by reason of the mortgage be treated as owner of the ship or share; and

the mortgagor shall be treated as not having ceased to be owner of the ship or share.

Where the interest of a mortgagee in a registered mortgage is transmitted to any person by any lawful means other than by a transfer under paragraph 11 above, the registrar shall, on production of the prescribed evidence, cause the name of that person to be entered in the register as mortgagee of the ship or share in question.

Where a registered mortgage has been discharged, the registrar shall, on production of the mortgage deed and such evidence of the discharge of the mortgage as may be prescribed, cause an entry to be made in the register to the effect that the mortgage has been discharged.

In this Schedule—“mortgage” shall be construed in accordance with paragraph 7(2) above;“prescribed” means prescribed in registration regulations; and“registered mortgage” means a mortgage registered under paragraph 7(3) above.

for the words “Part II of the Merchant Shipping Act 1988” there shall be substituted the words “ the Merchant Shipping (Registration, etc.) Act 1993 ”; and

for the words “that Part of that Act” there shall be substituted the words “ registration regulations under section 3 of that Act ”.

In the Merchant Shipping Act 1894—

in section 82 (tonnage on registration to be registered tonnage of ship), for the words from “the same” to the end there shall be substituted the words “ that tonnage shall be treated as the tonnage of the ship except so far as registration regulations provide, in specified circumstances, for the ship to be re-measured and the register amended accordingly. ”; and

in section 742 (definitions), there shall be inserted as the first two definitions the following—.

In section 80(1) of the Merchant Shipping Act 1906 (power to register Government ships)—

for the words from “for the purpose” to “those Acts” there shall be substituted the words “ in the United Kingdom under the Merchant Shipping (Registration, etc.) Act 1993, and the Merchant Shipping Acts, ”; and

for the words “in manner provided by those Acts” there shall be substituted the words “ in accordance with that Act ”.

In section 6(1)(c) of the Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965 (excluded categories of employees), from the word “registered” to the end there shall be substituted the words “ registered under the Merchant Shipping (Registration, etc.) Act 1993 ”.

In section 1 of the Sea Fish (Conservation) Act 1967 (size, limits, etc. for fish) for subsection (9) (definitions) there shall be substituted the following subsection—.

In section 5(8) of the Sea Fish (Conservation) Act 1967 (restriction on scope of certain orders), in paragraph (b), for the words “Merchant Shipping Act 1894” there shall be substituted the words “ Merchant Shipping (Registration, etc.) Act 1993 ”.

In section 22(1) of the Sea Fish (Conservation) Act 1967 (definitions), in the definition of “British-owned”, for the words “(within the meaning of the Merchant Shipping Act 1894)” and “(within the meaning of that Act)” there shall be substituted the words “ for the purposes of the Merchant Shipping (Registration, etc.) Act 1993 ” and “ for those purposes ” respectively.

In section 19(1) of the Sea Fisheries Act 1968 (definitions)—

for the definitions of “British fishing boat” and “foreign fishing boat” there shall be substituted the following definition—; and

in the appropriate places there shall be inserted the following definitions—.

In section 8 of the Fishery Limits Act 1976 (definitions)—

for the definition of “foreign fishing boat” there shall be substituted the following definition—and

in the appropriate place there shall be inserted the following definition—.

In section 144(1)(b) of the Employment Protection (Consolidation) Act 1978 (mariners), for the words following “registered”, there shall be substituted the words “ under the Merchant Shipping (Registration, etc.) Act 1993 ”.

In section 81(7) of the Customs and Excise Management Act 1979 (power to regulate small craft), for the words from “fishing vessel” to “1988”, there shall be substituted the words “ fishing vessel registered under the Merchant Shipping (Registration, etc.) Act 1993 ”.

In section 9 of the British Fishing Boats Act 1983 (definitions)—

for the definition of “British fishing boat” there shall be substituted the following definition—; and

in the appropriate place there shall be inserted the following definition—.

In section 9(1) of the Inshore Fishing (Scotland) Act 1984 (definitions)—

for the definition of “British fishing boat” there shall be substituted the following definition—and

in the appropriate place there shall be inserted the following definition—.

in subsection (1), for the words from “of ships” to “territories” there shall be substituted the words “ in relevant British possessions of ships other than small ships and fishing vessels ”;

in subsection (2)—

in subsection (3)—

at the end insert—.

in subsections (3) and (5), for the words “registration enactments” there shall be substituted the words “ Merchant Shipping (Registration, etc.) Act 1993 ”;

in subsection (7)—

in subsection (1), after paragraph (a), there shall be inserted—; and

in subsections (1) and (3), for the words “Part I or Part II” there shall be substituted the words “ the Merchant Shipping (Registration, etc.) Act 1993 ”.

the ship is registered in the United Kingdom under this Act; or

the ship is registered in the United Kingdom in pursuance of an Order in Council under section 80 of the Merchant Shipping Act 1906 (Government ships); or

the ship is registered under the law of a relevant British possession; or

the ship is a small ship other than a fishing vessel and—

any colours allowed to be worn in pursuance of a warrant from Her Majesty or from the Secretary of State;

in the case of British ships registered in a relevant British possession, any colours consisting of the red ensign defaced or modified whose adoption for ships registered in that possession is authorised or confirmed by Her Majesty by Order in Council.

any distinctive national colours except-

any colours usually worn by Her Majesty’s ships or resembling those of Her Majesty, or

the pendant usually carried by Her Majesty’s ships or any pendant resembling that pendant,

on conviction on indictment, to a fine;

on summary conviction, to a fine not exceeding the statutory maximum.

any commissioned naval or military officer,

any officer of customs and excise, and

any British consular officer,

on a signal being made to the ship by one of Her Majesty’s ships (including any ship under the command of a commissioned naval officer); and

on entering or leaving any foreign port; and

in the case of ships of 50 or more tons gross tonnage, on entering or leaving any British port.

the flying of a national flag;

the carrying or production of certificates of registration or other documents relating to the nationality of the ship; and

the display of marks required by the law of any country.

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

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

The certificate of registration of a British ship shall be used only for the lawful navigation of the ship, and shall not be subject to detention to secure any private right or claim.

“ship” includes every description of vessel used in navigation;

any reference to a vessel, except in the expression “fishing vessel”, shall be construed as a reference to a ship (as so defined);

“fishing vessel” means a vessel for the time being used (or, in the context of an application for registration, intended to be used) for or in connection with fishing for sea fish, other than a vessel used (or intended to be used) for fishing otherwise than for profit; and for the purposes of this definition “sea fish” includes shellfish, salmon and migratory trout (as defined by section 44 of the Fisheries Act 1981);

a vessel for the time being used (or intended to be used) wholly for the purpose of conveying persons wishing to fish for pleasure is not a fishing vessel;

“foreign”, in relation to a ship, means that it is neither a United Kingdom ship nor a small ship (as defined in paragraph 1(2) of Schedule 3 to this Act) which is a British ship;

“master”, in relation to a fishing vessel, means the skipper; and

any reference to “home trade ships” shall be construed as a reference to ships employed in trading or going between places in the limited trading area, as defined for the time being in regulations; and similarly as respects any reference to a “home trade passenger ship”;

“United Kingdom waters” means the sea or other waters within the seaward limits of the territorial sea of the United Kingdom;

“national waters”, in relation to the United Kingdom, means United Kingdom waters landward of the baselines for measuring the breadth of its territorial sea;

Without prejudice to the effect of any provision for the construction of any Act (“the Act in question”) included in the Merchant Shipping Acts 1894 to 1988 as one with the previous Acts so included, references in the Acts so previously included to the Merchant Shipping Acts shall be construed as including references to the Act in question.

the Isle of Man;

any of the Channel Islands; and

any colony.

shall extend to non-United Kingdom ships of that description and to masters and seamen employed in them, or

shall so extend in such circumstances as may be so specified, with such modifications (if any) as may be so specified.

in the 1894 Act—section 458 (shipowner’s obligation as to seaworthiness);. . . section 689 (returns in cases of offences abroad); section 723 (powers to require production of ship’s documents, etc.); and

section 18 of the 1979 Act (exclusion of liability),

section 422 of the 1894 Act;

. . .

section 22 of the 1949 Act,

In section 458 of the 1894 Act (obligation of shipowner to crew with respect to seaworthiness)—

in subsection (1), for the words “contract of service, express or implied” substitute “ contract of employment ”; and

in subsection (2), omit paragraph (b).

In the 1970 Act omit the following provisions (for which corresponding provision is made by other enactments), namely, sections 6 (control of employment agencies), 19 (safety regulations) and 87 (uniform).

In section 11(1) of the 1970 Act (restriction on assignment of and charges upon wages), after paragraph (a) insert—.

In section 17 of the 1970 Act (claims against seamen’s wages for maintenance, etc), in subsection (10), omit “Ministry of Home Affairs for Northern Ireland” and substitute “ that Department ” for “either of those Ministries” and, in subsection (11), omit “the Ministry of Home Affairs for Northern Ireland or”.

in subsection (1), for the words “as aforesaid” (in both places) substitute “ as required by safety regulations ”;

in subsection (2), for the words “this Act” substitute “ safety regulations ”; and

after subsection (2) insert—.

the substitution of references to the relevant inspector (within the meaning of section 30A) for references to the inspector referred to in those sections;

the right to refer a question to the arbitrator shall be available to the owner of the ship whether or not the master of the ship also exercises that right;

the giving of the notice referring the question to the arbitrator shall not suspend the operation of the detention notice unless, on the application of the person referring the question, the arbitrator so directs;

the arbitrator shall have regard, in coming to his decision, to any other matters not specified in the detention notice which appear to him to be relevant to whether the ship was or was not an unsafe ship;

the arbitrator shall include in his decision a finding whether there was or was not a valid basis for the detention of the ship as an unsafe ship.

In section 287 of the 1894 Act (offences by passengers)—

in subsection (1), omit paragraphs (f) and (g);

in subsection (2), for “injure” substitute “ damage ”; and

in subsection (3), for the words from “convey” to the end substitute “ deliver that person to a constable ”.

In section 76(3) of the 1906 Act (false statements for returns of passengers), for “gives any false information for the purpose” substitute “ , for that purpose, gives to the master information which he knows to be false or recklessly gives to him information which is false ”.

Sections 280 to 282(a) of the 1894 Act (delivery up and posting of certificates and penalty for falsity) as applied by section 3(4) of the Fishing Vessels (Safety Provisions) Act 1970 shall have effect—

with the substitution in section 281 of a reference to a copy of the certificate for the reference to a duplicate; and

with the omission in section 282(a) of the words “knowingly and”.

For the purposes of the Oil Pollution Act other than sections 2(1) and 3—and, in section 18(1)(a), the reference to obligations shall be read as a reference to requirements and the reference to compliance as a reference to contravention.

the functions of inspectors under section 728 of the 1894 Act to report to the Secretary of State on the matters specified in that section shall include the function of reporting to him on the matters specified in section 18(1)(a) and(b) of the Oil Pollution Act, and the functions of inspectors under the said section 18 shall not include that function; and sections 18(2) and 30(3) shall have effect accordingly;

the powers conferred by section 18(6) of the Oil Pollution Act (which are conferred on harbour masters as respects vessels in their harbours) shall not be available, but the corresponding powers conferred by section 27 of the 1979 Act shall be available to harbour masters in relation to ships in their harbours;

the extension of the power to test equipment effected, in relation to section 18 of the Oil Pollution Act, by section 29(5) of that Act shall be treated as an extension of the corresponding power in section 27 of the 1979 Act; and

for references in section 30 to the Department of Commerce for Northern Ireland substitute references to the Department of the Environment for Northern Ireland;

The amendments made in the 1971 and 1974 Acts (liability and compensation for oil pollution damage) by section 34 of and Schedule 4 to the 1988 Act (in consequence of certain Conventions of 1984 which cannot now come into force) shall not have effect.

Omit section 514 of the 1894 Act (receiver’s power to suppress plunder and disorder by force).

In section 515 of the 1894 Act (liability for plundering vessel)—

omit the words “and tumultuously”; and

for the words from “council” to “permit” substitute “ 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 Riotous Assemblies (Scotland) Act 1822. ”.

In section 516 of the 1894 Act (exercise of powers of receiver in his absence)—

for subsection (1) substitute—; and

in subsection (2) omit “ and shall place the same in the custody of the receiver ”.

In section 518 of the 1894 Act (duties of finder of wreck, etc)—

in paragraph (a), omit the words “of the district”;

in paragraph (b), for the words following “thereof” substitute “ 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; ”;

after “recovered” insert “ , except in Scotland, ”;

the existing words so amended shall be subsection (1) of the section; and

after that subsection add—.

In section 520 of the 1894 Act (notice of wreck), for paragraphs (a) and (b), substitute—.

In section 522 of the 1894 Act (immediate sale in certain cases)—

for “five pounds” substitute “ £5,000 ”; and

for “warehousing” substitute “ storage ”.

In section 524 of the 1894 Act (notice of unclaimed wreck to person entitled), for the words from the beginning to “he” substitute “ Any person who is entitled to unclaimed wreck found on any place in the United Kingdom or in United Kingdom waters ”.

Omit section 528 of the 1894 Act (power of Secretary of State to purchase rights to wreck).

Omit section 529 of the 1894 Act (restriction on interfering with wreck by persons exercising Admiralty jurisdiction).

In section 537(2) of the 1894 Act (reward for information), for “five pounds” substitute “ £100 ”.

Omit section 543 of the 1894 Act (marking of anchors).

In sections 552(3), 555(1) and 556 of the 1894 Act (detention where claim exceeds £200 and apportionment of salvage up to, or exceeding, £200) for “two hundred pounds” substitute “ £5,000 ”.

In section 567(1) of the 1894 Act (receivers’ fees) for the words from “the several matters” to “as may be directed” substitute “ such matters as may be prescribed by regulations made by the Secretary of State by statutory instrument such fees as may be so prescribed ”.

In section 551(1) of the 1894 Act (valuation of property by receiver) omit the words from “of the district” to “made”.

Omit sections 558 to 564 of the 1894 Act (salvage by naval ships).

Omit sections 47 and 48 of the Malicious Damage Act 1861 (offences relating to false signals and damage, removal or concealment of buoys and other sea marks).

In section 634(1) of the 1894 Act (areas for which general lighthouse authorities exercise functions) omit “and the Channel Islands”, “and at Gibraltar” and “and the Isle of Man”.

In section 638 of the 1894 Act (general powers of lighthouse authorities), at the end, insert— “ Any reference in this Part of this Act to a lighthouse, buoy or beacon includes its appurtenances. ”.

In section 639(1) of the 1894 Act (land acquisition powers), for the words from “and for that purpose” to the end, substitute—.

In section 642 of the 1894 Act (additions to lighthouses), insert “ or beacon ” after “light” in both places where it occurs.

In section 643 of the 1894 Act (general light dues), at the beginning, insert— “ A general lighthouse authority may demand, take and recover dues in respect of lighthouses, buoys and beacons under their management (in this Part of this Act called light dues) in accordance with the following provisions of this Part of this Act and for that purpose appoint persons to collect them. ”.

After section 643 of the 1894 Act insert—.

For section 647 of the 1894 Act (light dues tables and regulations to be posted up in customs houses) substitute—.

In section 648(3) of the 1894 Act (accounts of light dues), for “and the authority receiving the dues” substitute “ (4) A general lighthouse authority receiving dues (whether themselves or from a collector) ”.

In section 649 of the 1894 Act (recovery of light dues)—

in subsection (1), after “dues may” insert “ , except in Scotland, ”; and

after subsection (1) insert—.

In section 650 of the 1894 Act (distress on ship for light dues)—

in subsection (1), omit “guns”;

in subsection (2)—

at end add—.

In section 651 of the 1894 Act (detention of ship pending production of receipt for light dues)—

for the words from “by the person” to “paying the same” substitute “ to the person paying them by the authority or person receiving them from him ”; and

for the words from “where” to “for the light dues” substitute “ until the receipt for any dues due in respect of the ship ” and at the end insert “ or the person appointed to collect light dues at the port ”.

Section 655 of the 1894 Act (local light dues) shall, so far as it extends to Northern Ireland, cease to have effect.

In section 656(2) of the 1894 Act (account of local light dues), omit the words from “and shall” (where first occurring) to the end.

In section 664 of the 1894 Act (accounts of general lighthouse authorities)—

for “their receipts from light dues” substitute “ the light dues and other sums received by or accruing to them by virtue of, or in connection with, the discharge of their functions under this Part of this Act or Part IX of this Act ”; and

for “books of account” substitute “ accounting records ”.

For section 666(1) of the 1894 Act (offence of damaging, etc. lighthouses, etc.) substitute—.

In section 667 of the 1894 Act (prevention of false lights)—

omit “fire” and “burnt” wherever occurring together with the word “or” in conjunction with those words;

in subsection (4), after “damage; and” insert “ , except in Scotland, ”; and

after subsection (4) add—.

Omit section 669 of the 1894 Act (restriction on exercise of powers in Channel Islands).

For section 679 of the 1894 Act (auditing and laying before Parliament of accounts of General Lighthouse Fund) substitute—.

In the Merchant Shipping (Mercantile Marine Fund) Act 1898 omit the following provisions (relating to colonial lights)—

in section 2, subsections (3), (4) and (5);

section 7; and

in Schedule 3, the entry for the lighthouse on Cape Pembroke, Falkland Islands.

In section 30(2) of the Harbours Act 1964 (list of charges to be available to the public at price not exceeding 5p) for “a price not exceeding 5p. for each copy” substitute “ such reasonable price (if any) as the authority determine ”.

In section 728 of the 1894 Act (Departmental inspectors to report on certain matters)—

the repeal of paragraph (a) by the 1988 Act shall not have effect;

for paragraph (b) substitute—and

at the end (instead of the amendment made in paragraph (b) by section 26 of the 1979 Act) insert “ and the reference to requirements, restrictions or prohibitions under the Merchant Shipping Acts includes any such requirements, restrictions or prohibitions constituting the terms of any approval, licence, consent or exemption given in any document issued under those Acts ”.

In section 27(1)(h)(iii) of the 1979 Act (powers of Departmental inspectors) for “regulations” substitute “ instruments ”.

In section 681(2) of the 1894 Act (mode of enforcing recovery of certain sums), after “England” insert “ or Northern Ireland ”.

Section 683 of the 1894 Act (time limit for summary proceedings) shall apply in relation to offences under the Oil Pollution Act instead of section 19(4) of that Act (corresponding provision); and for the word “after” in section 683(1) substitute “ beginning with ” where that word first appears and, where that word secondly appears, substitute “ beginning with the date on which ”.

Section 684 of the 1894 Act (jurisdiction in relation to offences) shall apply in relation to offences under the Oil Pollution Act instead of section 19(5) of that Act (corresponding provision).

Section 686(1) (jurisdiction over offences on board ship) shall—

so far as it applies to British subjects, apply only to British citizens (within the meaning of the British Nationality Act 1981); and

so far as it applies to British ships, apply only to United Kingdom ships.

For section 687 of the 1894 Act (offences by British seamen overseas) substitute—.

After section 687 of the 1894 Act insert the following—.

In section 689 of the 1894 Act (return of offenders to the United Kingdom)—

in subsection (2), after “may” insert “ , where no more convenient means of transport is available (or is available only at disproportionate expense), ”; and

in subsection (3), omit the words from “and that officer” to the end.

In section 693 of the 1894 Act (how sums ordered to be paid are leviable), for the words from “direct” to the end substitute—.

In section 20 of the Oil Pollution Act (enforcement and application of fines), for the words from “to direct” to the end substitute—.

In section 695 of the 1894 Act (certification of copies for evidence)—

in subsection (2) (provision of copies), for the reference to payment of a reasonable sum not exceeding an amount prescribed by regulations substitute a reference to payment of a reasonable price determined by the Secretary of State;

in subsection (3) (offence) for “eighteen months” substitute “ two years ”; and

after subsection (3) insert—.

For section 696 of the 1894 Act (service of documents) substitute the following—.

In section 697 of the 1894 Act (proof etc. of exemption), the existing words shall be subsection (1), and after that subsection add—.

In section 76 of the 1894 Act (proceedings on forfeiture of ship) omit—

in subsection (1), the words from “and may award” to the end; and

in subsection (2), the words “either” and “or criminally”.

For section 66 of the 1894 Act (forgery of documents: Scotland) substitute—.

For section 695(4) of the 1894 Act (offences as respects documents admissible in evidence) substitute—.

For section 722(1) of the 1894 Act (offences as to use of forms) substitute—.

In any offence-creating provision of the Merchant Shipping Acts—

any reference to doing a thing “wilfully” shall be construed as a reference to doing it “intentionally”;

any reference to “suffering” or “allowing” a thing to be done shall be construed as a reference to “permitting” it to be done; and

any reference to the absence of a reasonable “cause” shall be construed as a reference to the absence of a reasonable “excuse”.

Omit sections 704 to 709 of the 1894 Act.

In section 710 (savings for Scots law), for the words “or punishment of offences at the instance or by the direction of the Lord Advocate” substitute “ of offences at the instance or on the authority or with the concurrence of the Lord Advocate or on the authority of the High Court or to any punishment consequent on such prosecution ”.

In paragraph 5 of Schedule 5 to the 1974 Act (provision as to regulations relating to submersible and supporting apparatus)—

in sub-paragraph (b), after “regulations” insert “ (other than proceedings to which paragraph (bb) below applies) ”; and

after sub-paragraph (b) insert—.

In section 724 of the 1894 Act (surveyors of ships) subsections (3) and (5) shall be omitted save, in (3), for the power of the Secretary of State to remove surveyors.

the issue or recording in pursuance of the Merchant Shipping Acts of any certificate, licence or other document; or

the doing of any other thing in pursuance of those Acts.

Notwithstanding the repeal by this Act of the following provisions, instruments in force immediately before the repeal under the provisions specified in the left-hand column shall continue in force until superseded by regulations under section 21 of the 1979 Act (safety regulations) and the related provisions specified in the right-hand column shall continue in force for the purposes of those instruments: