Merchant Shipping Act 1995
Merchant Shipping Act 1995 is up to date with all changes known to be in force on or before 20 September 2024. There are changes that may be brought into force at a future date.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.
Changes and effects yet to be applied to :
- s. 57(2)(a) words repealed by 2003 c. 44Sch. 37Pt. 9
- s. 57(2)(b) repealed by 2003 c. 44Sch. 37Pt. 9
- s. 97 applied (with modifications) by S.I. 2021/1316reg. 14(5)(6)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 145(2)(a) (ia) inserted by 2003 c. 44Sch. 36para. 13(2)
- s. 145(2)(a) (ia) words substituted by 2015 c. 2Sch. 11para. 16(2) (This amendment not applied to legislation.gov.uk. The insertion of s. 145(2)(a)(ia) by 2003 c. 44, Sch. 36 para. 13 is still prospective.)
- s. 145(2A) inserted by 2003 c. 44Sch. 36para. 13(3)
- s. 145(2A) words substituted by 2015 c. 2Sch. 11para. 16(3) (This amendment not applied to legislation.gov.uk. The insertion of s. 145(2A) by 2003 c. 44, Sch. 36 para. 13 is still prospective.)
- Introductory Text
- PART I BRITISH SHIPS
- 1.British ships and United Kingdom ships.
- 2.British flag.
- 3.Offences relating to British character of ship.
- 4.Penalty for carrying improper colours.
- 5.Duty to show British flag.
- 6.Duty to declare national character of ship.
- 7.Proceedings on forfeiture of a ship.
- General
- 8.Central register of British ships.
- 9.Registration of ships: basic provisions.
- 10.Registration regulations.
- 11.Tonnage ascertained for registration to be tonnage of ship.
- 12.Tonnage of ships of foreign countries adopting tonnage regulations.
- 13.Status of certificate of registration.
- 14.Offences relating to a ship’s British connection.
- 15.Supplementary provisions as respects fishing vessels.
- 16.Private law provisions for registered ships and liability as owner.
- 17.Ships bareboat chartered-in by British charterers.
- 18.Regulation of registration in British possessions by reference to categories of registries.
- 19.Tonnage regulations.
- 20.Proceedings on forfeiture of ship.
- 21.Disclosure of information relating to registration by other government departments.
- 22.Forgery of documents: Scotland.
- 23.Interpretation.
- Application of Part
- 24.Application of this Part.
- 25.Crew agreements.
- 26.Regulations relating to crew agreements.
- 27.Discharge of seamen.
- 28.Seamen left behind abroad otherwise than on discharge.
- 29.Discharge of seamen when ship ceases to be registered in United Kingdom.
- 30.Payment of seamen’s wages.
- 31.Account of seaman’s wages.
- 32.Regulations relating to wages and accounts.
- 33.Power of superintendent or proper officer to decide disputes about wages.
- 34.Restriction on assignment of and charge upon wages.
- 35.Power of court to award interest on wages due otherwise than under crew agreement.
- 36.Allotment notes.
- 37.Right of person named in allotment to sue in own name.
- 38.Right, or loss of right, to wages in certain circumstances.
- 39.Protection of certain rights and remedies.
- 40.Claims against seaman’s wages for maintenance, etc. of dependants.
- 41.Remedies of master for remuneration, disbursements and liabilities.
- 42.Obligation of shipowners as to seaworthiness.
- 43.Crew accommodation.
- 44.Complaints about provisions or water.
- 45.Expenses of medical and other treatment during voyage.
- 46.Application of sections 47 to 51.
- 47.Manning.
- 48.Power to exempt from manning requirements.
- 49.Prohibition of going to sea undermanned.
- 50.Production of certificates and other documents of qualification.
- 51.Crew’s knowledge of English.
- 52.Unqualified persons going to sea as qualified officers or seamen.
- 53.Medical treatment on board ship.
- 54.Special certificates of competence.
- 55.Young persons.
- 56.Financial assistance for training.
- 57.Uniform.
- 58.Conduct endangering ships, structures or individuals.
- 59.Concerted disobedience and neglect of duty.
- 60.Breaches by seamen of codes of conduct.
- 61.Inquiry into fitness or conduct of officer.
- 62.Disqualification of holder of certificate other than officer’s.
- 63.Inquiry into fitness or conduct of seaman other than officer.
- 64.Re-hearing of and appeal from inquiries.
- 65.Rules as to inquiries and appeals.
- 66.Failure to deliver cancelled or suspended certificate.
- 67.Power to restore certificate.
- 68.Power to summon witness to inquiry into fitness or conduct of officer or other seaman.
- 69.Procedure where inquiry into fitness or conduct of officer or other seaman is held by sheriff.
- 70.Civil liability for absence without leave.
- 71.Civil liability for smuggling.
- 72.Civil liability for fines imposed under immigration laws.
- 73.Relief and return of seamen etc. left behind and shipwrecked.
- 74.Limit of employer’s liability under section 73.
- 75.Recovery of expenses incurred for relief and return, etc.
- 76.Financial assistance in respect of crew relief costs.
- 77.Official log books.
- 78.Lists of crew.
- 79.British seamen’s cards.
- 80.Discharge books.
- 81.Handing over of documents by master.
- 82.Maintenance of Merchant Navy Reserve.
- 83.Supplementary provisions as respects the Reserve.
- 84.Interpretation.
- Safety and Health on Ships
- 85.Safety and health on ships.
- 86.Provisions supplementary to section 85: general.
- 87.Provisions supplementary to section 85: dangerous goods.
- 88.Safety of submersible and supporting apparatus.
- 89.Safety
- 90.Safety
- 91.Report of dangers to navigation.
- 92.Duty of ship to assist the other in case of collision.
- 93.Duty to assist aircraft in distress.
- 94.Meaning of “dangerously unsafe ship”.
- 95.Power to detain dangerously unsafe ship.
- 96.References of detention notices to arbitration.
- 97.Compensation in connection with invalid detention of ship.
- 98.Owner and master liable in respect of dangerously unsafe ship.
- 99.Use of unsafe lighters, etc.
- 100.Owner liable for unsafe operation of ship.
- 100A.Power to establish temporary exclusion zones.
- 100B.Temporary exclusion zones: offences
- 100C.Power to require ships to be moved.
- 100D.Offences in relation to section 100C.
- 100E.Service of directions under section 100C.
- 100F.Requirements to be met by ships in respect of which trans-shipment licences in force.
- 100G.Failure to comply with prescribed standards in respect of ship in respect of which trans-shipment licence is in force.
- 101.Offences in connection with passenger ships.
- 102.Power to exclude drunken passengers from certain passenger ships.
- 103.Stowaways.
- 104.Unauthorised presence on board ship.
- 105.Master’s power of arrest.
- 106.Unauthorised persons: offences relating to safety.
- 107.Return to be furnished by masters of ships as to passengers.
- 108.Returns of births and deaths in ships, etc.
- 108A.Safety directions
- Chapter I Skipper and Seamen
- Engagement and discharge of crews
- 109.Regulations relating to crew agreements.
- 110.Payments of seamen’s wages.
- 111.Regulations relating to wages: deductions.
- 112.Accounts of wages and catch.
- 113.Restriction on assignment of and charge upon wages.
- 114.Right, or loss of right, to wages in certain circumstances.
- 115.Hours of work.
- 116.Production of crew certificates and other documents of qualification.
- 117.Drunkenness on duty.
- 118.Unauthorised liquor.
- 119.Disciplinary offences.
- 120.Power to grant exemptions from this Chapter.
- 121.Fishing vessel construction rules.
- 122.Fishing vessel survey rules.
- 123.Fishing vessel certificates.
- 124.Provisions supplementary to section 123.
- 125.Prohibition on going to sea without appropriate certificate.
- 126.Notice of alterations.
- Training
- 127.Training in safety matters.
- Chapter I Pollution Generally
- 128.Prevention of pollution from ships etc.
- 129.Further provision for prevention of pollution from ships.
- 130.Regulation of transfers between ships in territorial waters.
- 130A.General.
- 130B.Waste management plans.
- 130C.Charges for and use of waste reception facilities.
- 130D.Supplementary.
- 130E.Interpretation of Chapter IA.
- General provisions for preventing pollution
- 131.Discharge of oil from ships into certain United Kingdom waters.
- 132.Defences of owner or master charged with offence under section 131.
- 133.Defences of occupier charged with offence under section 131
- 134.Protection for acts done in exercise of certain powers of harbour authorities, etc.
- 135.Restrictions on transfer of oil at night.
- 136.Duty to report discharge of oil into waters of harbours.
- 136A.Discharges etc. authorised under other enactments.
- 137.Shipping casualties.
- 138.Right to recover in respect of unreasonable loss or damage.
- 138A.Application of sections 137 and 138 to pollution by substances other than oil.
- 139.Offences in relation to section 137.
- 140.Service of directions under section 137.
- 141.Application of sections 137 to 140 to certain foreign and other ships.
- 142.Oil records.
- 143.Prosecutions and enforcement of fines.
- 144.Power to detain ships for section 131 offences.
- 145.Interpretation of section 144
- 146.Enforcement and application of fines.
- 147.Enforcement of Conventions relating to oil pollution.
- 148.Power of Secretary of State to grant exemptions.
- 149.Application to Government ships.
- 150.Annual Report.
- 151.Interpretation.
- Preliminary
- 152.Meaning of “the Bunkers Convention”, “the Liability Convention” and related expressions.
- 153.Liability for oil pollution in case of tankers.
- 153A.Liability for pollution by bunker oil
- 154.Liability for oil pollution in other cases.
- 155.Exceptions from liability under sections 153 , 153A and 154.
- 156.Restriction of liability for pollution from oil or bunker oil.
- 156A.Liability under section 153, 153A or 154: supplementary provisions
- 157.Limitation of liability under section 153.
- 158.Limitation actions.
- 159.Restriction on enforcement after establishment of limitation fund.
- 160.Concurrent liabilities of owners and others.
- 161.Establishment of limitation fund outside United Kingdom.
- 162.Extinguishment of claims.
- 163.Compulsory insurance against liability for pollution.
- 163A.Compulsory insurance against liability for pollution from bunker oil
- 164.Issue of certificate by Secretary of State.
- 165.Rights of third parties against insurers.
- 166.Jurisdiction of United Kingdom courts and registration of foreign judgments.
- 167.Government ships.
- 168.Limitation of liability under section 153A or 154.
- 169.Saving for recourse actions.
- 170.Interpretation.
- 171.Transitory text of this Chapter and power to make transitional provisions.
- Preliminary
- 172.Meaning of the “Liability Convention”, “the Fund Convention” and related expressions.
- 173.Contributions by importers of oil and others.
- 174.Power to obtain information.
- 175.Liability of the Fund.
- 176.Limitation of Fund’s liability under section 175.
- 176A.Liability of the Supplementary Fund
- 176B.Limitation of the Supplementary Fund’s liability under section 176A
- 177.Jurisdiction and effect of judgments.
- 178.Extinguishment of claims.
- 179.Subrogation.
- 180.Supplementary provisions as to proceedings involving the Fund.
- 181.Interpretation.
- 182.Transitory text of this Chapter and power to make transitional provisions.
- 182A.Introductory.
- 182B.Power to give effect to Convention.
- 182C.Power of Secretary of State to make orders.
- Carriage of passengers and luggage by sea
- 183.Scheduled convention to have force of law.
- 184.Application of Schedule 6 to carriage within British Islands.
- 185.Limitation of liability for maritime claims.
- 186.Exclusion of liability.
- 187.Damage or loss: apportionment of liability.
- 188.Loss of life or personal injuries: joint and several liability.
- 189.Loss of life or personal injuries: right of contribution.
- 190.Time limit for proceedings against owners or ship.
- 191.Limitation of liability.
- 192.Application to Crown and its ships.
- 192A.Compulsory insurance or security
- Lighthouse authorities
- 193.General and local lighthouse authorities.
- 194.Returns and information to Secretary of State.
- 195.General function of management of lighthouses, etc.
- 196.Joint discharge of functions.
- 197.General powers of general lighthouse authority.
- 197A.General lighthouse authorities: commercial activities
- 198.Inspection of local lighthouses.
- 199.Control of local lighthouse authorities.
- 200.Powers of inspection by Secretary of State.
- 201.Powers of harbour authorities.
- 202.Lighthouses
- 203.Individual transfers of local lighthouses to harbour authorities.
- 204.Surrender of local lighthouses.
- 205.Light dues leviable by general lighthouse authorities.
- 206.Information to determine light dues.
- 207.Recovery of general light dues.
- 208.Distress on ship for general light dues.
- 209.Receipt for general light dues and its production.
- 210.Light dues leviable by local lighthouse authorities.
- 211.General Lighthouse Fund: expenses and receipts.
- 212.Establishments of general lighthouse authorities.
- 213.Estimates or accounts of expenses to Secretary of State.
- 214.Pension rights of certain employees.
- 215.Borrowing powers of general lighthouse authorities.
- 216.Limit on borrowings under section 215.
- 217.Guarantees by Secretary of State.
- 218.Accounts of general lighthouse authorities.
- 219.Damage etc. to lighthouses etc.
- 220.Prevention of false lights.
- 221.Exemption from taxes, duties, rates etc.
- 222.Exemption from harbour dues.
- 222A.Disclosure of information to general lighthouse authorities.
- 223.Interpretation, etc.
- Chapter 1 Salvage
- 224.Salvage Convention 1989 to have force of law.
- 225.Valuation of property by receiver.
- 226.Detention of property liable for salvage by receiver.
- 227.Sale of detained property by receiver.
- 228.Apportionment of salvage under £5,000 by the receiver.
- 229.Apportionment of salvage by the court.
- 230.Salvage claims against the Crown and Crown rights of salvage and regulation thereof.
- Vessels in distress
- 231.Application of, and discharge of functions under, sections 232, 233 234 and 235.
- 232.Duty of receiver where vessel in distress.
- 233.Powers of receiver in case of vessel in distress.
- 234.Power to pass over adjoining land.
- 235.Liability for damage in case of plundered vessel.
- 236.Duties of finder etc of wreck.
- 237.Provisions as respects cargo, etc.
- 238.Receiver to give notice of wreck.
- 239.Claims of owners to wreck.
- 240.Immediate sale of wreck in certain cases.
- 241.Right of Crown to unclaimed wreck.
- 242.Notice of unclaimed wreck to be given to persons entitled.
- 243.Disposal of unclaimed wreck.
- 244.Effect of delivery of wreck etc under this Part.
- 245.Taking wreck to foreign port.
- 246.Interfering with wrecked vessel or wreck.
- 247.Powers of entry etc.
- Administration
- 248.Functions of Secretary of State as to wreck.
- 249.Expenses and fees of receivers.
- 250.Remuneration for services of coastguard.
- 251.Release of goods from customs and excise control.
- 252.Powers of harbour and conservancy authorities in relation to wrecks.
- 253.Powers of lighthouse authorities in relation to wrecks.
- 254.Referral of questions as to powers between authorities.
- 255.Interpretation.
- Preliminary
- 255A.“The Wrecks Convention”
- 255B.Wreck reports
- 255C.Locating and marking wrecks
- 255D.Removal by registered owner
- 255E.Imposition of conditions about removal
- 255F.Removal in default
- 255G.Liability for costs
- 255H.Limitation period
- 255I.Expenses of general lighthouse authorities
- 255J.Wreck removal insurance
- 255K.Failure to insure
- 255L.Detention of ships
- 255M.Production of certificates
- 255N.Issue of certificates
- 255O.Cancellation of certificates
- 255P.Third parties' rights against insurers
- 255Q.Electronic certificates
- 255R.Interpretation etc.
- 255S.Government ships
- 255T.Saving
- 255U.Power to amend
- Enforcement Officers
- 256.Appointment of inspectors and surveyors.
- 256A.Scottish officers
- 257.Powers to require production of ships documents.
- 258.Powers to inspect ships and their equipment, etc.
- 259.Powers of inspectors in relation to premises and ships.
- 260.Provisions supplementary to section 259.
- 261.Improvement notices.
- 262.Prohibition notices.
- 263.Provisions supplementary to sections 261 and 262.
- 264.References of notices to arbitration.
- 265.Compensation in connection with invalid prohibition notices.
- 266.Offences.
- Marine accident investigations
- 267.Investigation of marine accidents.
- 268.Formal investigation into marine accidents.
- 269.Re-hearing of and appeal from investigations.
- 270.Rules as to investigations and appeals.
- 271.Inquiries into deaths of crew members and others.
- 272.Reports of and inquiries into injuries.
- 273.Transmission of particulars of certain deaths on ships.
- Prosecution of offences
- 274.Time limit for summary offences.
- 275.Time limit for summary orders.
- 276.Summary offences: Scotland.
- 277.Offences by officers of bodies corporate.
- 277A.Accessories and abettors
- 278.Offences by partners, etc. in Scotland.
- 279.Jurisdiction in relation to offences.
- 280.Jurisdiction over ships lying off coasts.
- 281.Jurisdiction in case of offences on board ship.
- 282.Offences committed by British seamen.
- 283.Return of offenders.
- 284.Enforcing detention of ship.
- 285.Sums ordered to be paid leviable by distress on the ship.
- 286.Depositions of persons abroad admissible.
- 287.Admissibility in evidence and inspection of certain documents.
- 288.Admissibility of documents in evidence.
- 289.Inspection and admissibility in evidence of copies of certain documents.
- 290.Proof, etc of exemptions.
- 291.Service of documents.
- Administration
- 292.General functions of Secretary of State.
- 293.Functions of Secretary of State in relation to marine pollution.
- 294.General power to dispense.
- 295.Registrar General of Shipping and Seamen.
- 296.Mercantile marine superintendents.
- 297.Wreck commissioners, etc.
- 298.Transmission of documents to Registrar General.
- 299.Returns, etc to Secretary of State.
- 300.Forms.
- 301.Advisory committees.
- 302.Fees.
- 302A.Funding of maritime services.
- 303.Expenses of Commissioners of Customs and Excise.
- 304.Expenses charged on money provided by Parliament.
- 305.Payments to be made into Consolidated Fund.
- 306.Regulations, rules and orders, etc.
- 306A.Power to make ambulatory references to international instruments
- 307.Application of Act to non-United Kingdom ships.
- 308.Application of Act to government ships.
- 309.Application of Act to ships chartered by demise to the Crown.
- 310.Application of Act to hovercraft.
- 311.Application of Act to certain structures, etc.
- 312.Special provisions for Scots law.
- 313.Definitions.
- 313A.Meaning of “qualifying foreign ship”.
- 314.Repeals, consequential amendments and transitional provisions.
- 315.Extent and application.
- 316.Short title and commencement.
- SCHEDULE 1Private Law Provisions for registered ships
- General
- 1.(1) Subject to any rights and powers appearing from the.
- 2.(1) Any transfer of a registered ship, or a share.
- 3.(1) Where a registered ship, or a share in a.
- 4.(1) Where the property in a registered ship or share.
- 5.(1) Where any court (whether under paragraph 4 above or.
- 6.(1) The High Court or in Scotland the Court of.
- 7.(1) A registered ship, or share in a registered ship.
- 8.(1) Where two or more mortgages are registered in respect.
- 9.(1) Subject to sub-paragraph (2) below, every registered mortgagee shall.
- 10.Where a ship or share is subject to a registered.
- 11.(1) A registered mortgage may be transferred by an instrument.
- 12.Where the interest of a mortgagee in a registered mortgage.
- 13.Where a registered mortgage has been discharged, the registrar shall.
- 14.In this Schedule— “mortgage” shall be construed in accordance with.
- 1.(1) In this Schedule “regulations” means regulations made under section.
- Registration of submersible apparatus
- 2.Regulations made by virtue of section 88(2)(e) of this Act.
- 3.(1) Subject to sub-paragraph (2) below, regulations—
- 4.(1) The operation of any regulations may be excluded in.
- 5.Regulations— (a) may provide for their operation anywhere outside the.
- General Provisions
- Ships to which Schedule applies
- 1.
- 2.
- 3.
- Submersion of load lines
- 4.
- 5.
- 6.
- 7.
- 8.
- 9.
- 10.
- 11.
- 12.
- Compliance with load line rules
- 13.
- 14.
- 15.
- 16.
- 17.
- 18.
- Further powers to exempt ships
- 19.
- 20.
- 21.
- 22.
- 23.
- Deck cargo
- 24.
- 25.
- Delivery up of certificates
- 26.
- 27.
- 28.
- 29.
- 30.
- 31.
- Direction following accident: person in control of ship
- 1.(1) The Secretary of State may give a direction under.
- 2.(1) The Secretary of State may give a direction under.
- 3.(1) The Secretary of State may give a direction in.
- 4.(1) This paragraph applies where the Secretary of State thinks—.
- 5.A person to whom a direction is given under this.
- 6.(1) A person commits an offence if he contravenes paragraph.
- 7.A person commits an offence if he intentionally obstructs a.
- 8.A person guilty of an offence under paragraph 6 or.
- 9.(1) Proceedings for an offence under paragraph 6 or 7.
- 10.(1) A direction under this Schedule may be varied or.
- 11.Where the Secretary of State— (a) proposes to give a.
- 12.A person acting on behalf of the Secretary of State.
- 13.Before giving a direction under paragraph 2 in respect of.
- 14.(1) This paragraph applies where action taken in accordance with.
- 15.(1) This paragraph applies where— (a) a direction is given.
- 16.The Admiralty jurisdiction of the High Court and of the.
- 17.A direction under paragraph 1 or 2, in so far.
- 18.(1) Her Majesty may by Order in Council provide that.
- 19.A direction under paragraph 1 or 2, in so far.
- 20.(1) A direction under paragraph 3 may have effect in.
- 21.A direction may not be given under paragraph 1(2)(a) to.
- 22.(1) In this Schedule— “ accident ” means a collision.
- 23.Nothing in this Schedule shall be taken to prejudice any.
- 24.(1) This paragraph applies where action is taken—
- Chapter III Liability for Oil Pollution
- 152.(1) In this Chapter— “the Liability Convention” means the International.
- Liability
- 153.Liability for oil pollution in case of tankers.
- 154.Liability for oil pollution in case of other ships.
- 155.Exceptions from liability under section 153.
- 155A.Exceptions from liability under section 154.
- 156.Restriction of liability for oil pollution.
- 156A.Restriction of liability for oil pollution from ship within section 154.
- 157.Limitation of liability under section 153.
- 158.Limitation actions.
- 159.Restriction on enforcement after establishment of limitation fund.
- 160.Concurrent liabilities of owners and others.
- 161.Establishment of limitation fund outside United Kingdom.
- 162.Extinguishment of claims.
- 163.Compulsory insurance against liability for pollution.
- 164.Issue of certificate by Secretary of State.
- 165.Rights of third parties against insurers.
- 166.Jurisdiction of United Kingdom courts and registration of foreign judgments.
- 167.Government ships.
- 168.Limitation of liability under section 154.
- 169.Saving for recourse actions.
- 170.Interpretation.
- Preliminary
- 172.Meaning of “Liability Convention”, “the Fund Convention” and related expressions.
- 173.Contributions by importers of oil and others.
- 174.Power to obtain information.
- 175.Liability of the Fund.
- 176.Limitation of Fund’s liability under section 175.
- 176A.Indemnification where damage is caused by ship registered in Fund Convention country.
- 177.Jurisdiction and effect of judgments.
- 178.Extinguishment of claims.
- 179.Subrogation.
- 181.Interpretation.
- Part I Permanent provision
- Article 4 — paragraphs 4 and 5
- 4.(a) Except as otherwise provided in sub-paragraphs (b) and (c).
- 5.Where the amount of established claims against the Fund exceeds.
- Article 4 — paragraphs 4, 5 and 6
- 4.(a) Except as otherwise provided in sub-paragraph (b) of this.
- 5.Where the amount of established claims against the Fund exceeds.
- 6.The Assembly of the Fund (hereinafter referred to as “the.
- Article 4—paragraphs 1, 2 and 3
- 1.The Supplementary Fund shall pay compensation to any person suffering.
- 2.(a) The aggregate amount of compensation payable by the Supplementary.
- 3.Where the amount of established claims against the Supplementary Fund.
- 1.Contracting States shall communicate to the Director of the Supplementary.
- 1.If in a Contracting State there is no person meeting.
- 2.No compensation shall be paid by the Supplementary Fund for.
- 3.Where compensation has been denied temporarily in accordance with paragraph.
- Text of International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea
- Chapter I GENERAL PROVISIONS
- Definitions
- Article 1
- Article 2
- Article 3
- Article 4
- Article 5
- Article 6
- Liability of the owner
- Article 7
- Article 8
- Article 9
- Article 10
- Article 11
- Article 12
- Establishment of the HNS Fund
- Article 13
- Article 14
- Article 15
- Article 16
- Article 17
- Article 18
- Article 19
- Article 20
- Article 21
- Article 22
- Article 23
- Article 24
- Article 25
- Article 26
- Article 27
- Article 28
- Article 29
- Article 30
- Article 31
- Article 32
- Article 33
- Article 34
- Article 35
- Article 36
- Limitation of actions
- Article 37
- Article 38
- Article 39
- Article 40
- Article 41
- Article 42
- Information on contributing cargo
- Article 43
- Article 44
- Signature, ratification, acceptance, approval and accession
- Article 45
- Article 46
- Article 47
- Article 48
- Article 50
- Article 51
- Article 52
- Article 53
- Article 54
- Part I Text of Convention
- Part II Provisions having effect in connection with Convention
- Interpretation
- 1.In this Part of this Schedule any reference to a.
- 2.For the purposes of paragraph 2 of article 2, provisions.
- 3.The reference to the law of the court in article.
- 4.The Secretary of State may by order provide that, in.
- 5.(1) For the purpose of converting from special drawing rights.
- 6.It is hereby declared that by virtue of article 12.
- 7.Article 16 shall apply to arbitral proceedings as it applies.
- 8.The court before which proceedings are brought in pursuance of.
- 9.Any reference in the Convention to a contract of carriage.
- 9A.The provisions of the Convention in Part I of this.
- 10.If Her Majesty by Order in Council declares that any.
- 11.The Secretary of State may by order make provision—
- 12.It is hereby declared that nothing in the Convention affects.
- 13.Nothing is section 186 of this Act (which among other.
- Part I Text of Convention
- Chapter I. The Right of Limitation
- Article 1
- Persons entitled to limit liability
- 1.Shipowners and salvors, as hereinafter defined, may limit their liability.
- 2.The term “shipowner” shall mean the owner, charterer, manager or.
- 3.Salvor shall mean any person rendering services in direct connection.
- 4.If any claims set out in Article 2 are made.
- 5.In this Convention the liability of a shipowner shall include.
- 6.An insurer of liability for claims subject to limitation in.
- 7.The act of invoking limitation of liability shall not constitute.
- Claims subject to limitation
- 1.Subject to Articles 3 and 4 the following claims, whatever.
- 2.Claims set out in paragraph 1 shall be subject to.
- Claims excepted from limitation
- Conduct barring limitation
- Counterclaims
- The general limits
- 1.The limits of liability for claims, other than those mentioned.
- 2.Where the amount calculated in accordance with paragraph 1(a) is.
- 4.The limits of liability for any salvor not operating from.
- The limit for passenger claims
- 1.In respect of claims arising on any distinct occasion for.
- 2.For the purpose of this Article “claims for loss of.
- Unit of Account
- Aggregation of claims
- 1.The limits of liability determined in accordance with Article 6.
- 2.The limits of liability determined in accordance with Article 7.
- Limitation of liability without constitution of a limitation fund
- 1.Limitation of liability may be invoked notwithstanding that a limitation.
- 2.If limitation of liability is invoked without the constitution of.
- 3.Questions of procedure arising under the rules of this Article.
- Constitution of the Fund
- 1.Any person alleged to be liable may constitute a fund.
- 2.A fund may be constituted, either by depositing the sum.
- 3.A fund constituted by one of the persons mentioned in.
- Distribution of the fund
- 1.Subject to the provisions of paragraphs 1 and 2 of.
- 2.If, before the fund is distributed, the person liable, or.
- 3.The right of subrogation provided for in paragraph 2 may.
- 4.Where the person liable or any other person establishes that.
- Bar to other actions
- 1.Where a limitation fund has been constituted in accordance with.
- 2.After a limitation fund has been constituted in accordance with.
- 3.The rules of paragraphs 1 and 2 shall apply only.
- Governing law
- 2.A State Party may regulate by specific provisions of national.
- 1.Any State may, at the time of signature, ratification, acceptance.
- Interpretation
- 1.In this Part of this Schedule any reference to a.
- 2.Subject to paragraph 6 below,the right to limit liability under.
- 2A.. . . . . . . . . .
- 3.(1) Paragraph 1(d) of article 2 shall not apply unless.
- 4.(1) Claims for Damages within the meaning of the international.
- 5.(1) In the application of article 6 to a ship.
- 6.(1) Article 7 shall not apply in respect of any.
- 7.(1) For the purpose of converting the amounts mentioned in.
- 8.(1) The Secretary of State may, with the concurrence of.
- 9.No lien or other right in respect of any ship.
- 10.Where the release of a ship or other property is.
- 11.References in the Convention and the preceding provisions of this.
- 12.References in the Convention and in the preceding provisions of.
- 13.An Order in Council made for the purposes of this.
- 1.(1) The Commissioners of Northern Lighthouses shall continue to exist.
- 2.(1) The Commissioners may elect, as members of their body.
- 3.A person appointed by the Secretary of State under paragraph.
- 4.(1) Any five of the Commissioners shall constitute a quorum.
- 4A.(1) The Commissioners shall send to the Scottish Ministers a.
- 5.In this Schedule “council” means a council constituted under section.
- 1.
- 2.
- 3.
- 4.
- 5.
- Part I Text of Convention
- Chapter I — General Provisions
- Article 1
- Definitions
- Application of the Convention
- Platforms and drilling units
- State-owned vessels
- 1.Without prejudice to article 5, this Convention shall not apply.
- 2.Where a State Party decides to apply the Convention to.
- Salvage operations controlled by public authorities
- 1.This Convention shall not affect any provisions of national law.
- 2.Nevertheless, salvors carrying out such salvage operations shall be entitled.
- 3.The extent to which a public authority under a duty.
- Salvage contracts
- 1.This Convention shall apply to any salvage operations save to.
- 2.The master shall have the authority to conclude contracts for.
- 3.Nothing in this article shall affect the application of article.
- Annulment and modification of contracts
- Duties of the salvor and of the owner and master
- 1.The salvor shall owe a duty to the owner of.
- 2.The owner and master of the vessel or the owner.
- Rights of coastal States
- Duty to render assistance
- 1.Every master is bound, so far as he can do.
- 2.The States Parties shall adopt the measures necessary to enforce.
- 3.The owner of the vessel shall incur no liability for.
- Co-operation
- Conditions for reward
- 1.Salvage operations which have had a useful result give right.
- 2.Except as otherwise provided, no payment is due under this.
- 3.This chapter shall apply, notwithstanding that the salved vessel and.
- Criteria for fixing the reward
- 1.The reward shall be fixed with a view to encouraging.
- 2.Payment of a reward fixed according to paragraph 1 shall.
- 3.The rewards, exclusive of any interest and recoverable legal costs.
- Special compensation
- 1.If the salvor has carried out salvage operations in respect.
- 2.If, in the circumstances set out in paragraph 1, the.
- 3.Salvor’s expenses for the purpose of paragraphs 1 and 2.
- 4.The total special compensation under this article shall be paid.
- 5.If the salvor has been negligent and has thereby failed.
- 6.Nothing in this article shall affect any right of recourse.
- Apportionment between salvors
- 1.The apportionment of a reward under article 13 between salvors.
- 2.The apportionment between the owner, master and other persons in.
- Salvage of persons
- 1.No remuneration is due from persons whose lives are saved.
- 2.A salvor of human life, who has taken part in.
- Services rendered under existing contracts
- The effect of salvor’s misconduct
- Prohibition of salvage operations
- Maritime lien
- 1.Nothing in this Convention shall affect the salvor’s maritime lien.
- 2.The salvor may not enforce his maritime lien when satisfactory.
- Duty to provide security
- 1.Upon the request of the salvor a person liable for.
- 2.Without prejudice to paragraph 1, the owner of the salved.
- 3.The salved vessel and other property shall not, without the.
- Interim payment
- 1.The tribunal having jurisdiction over the claim of the salvor.
- 2.In the event of an interim payment under this article.
- Limitation of actions
- 1.Any action relating to payment under this Convention shall be.
- 2.The person against whom a claim is made may at.
- 3.An action for indemnity by a person liable may be.
- Interest
- State-owned cargoes
- Humanitarian cargoes
- Publication of arbitral awards
- Interpretation
- 1.In this Part of this Schedule “the Convention” means the.
- 2.(1) The provisions of the Convention do not apply—
- 3.(1) The master of a vessel who fails to comply.
- 4.In fixing a reward under article 13 and assessing special.
- 5.(1) This paragraph applies where— (a) services are rendered wholly.
- 6.References in the Convention to judicial proceedings are references to.
- 7.(1) An Order in Council made for the purposes of.
- Article 1 Definitions
- 1.“ Convention area ” means the exclusive economic zone of.
- 2.“ Ship ” means a seagoing vessel of any type.
- 3.“ Maritime casualty ” means a collision of ships, stranding.
- 4.“Wreck”, following upon a maritime casualty, means:
- 5.“ Hazard ” means any condition or threat that:
- 6.“ Related interests ” means the interests of a coastal.
- 7.“ Removal ” means any form of prevention, mitigation or.
- 8.“ Registered owner ” means the person or persons registered.
- 9.“ Operator of the ship ” means the owner of.
- 10.“ Affected State ” means the State in whose Convention.
- 11.“ State of the ship's registry ” means, in relation.
- 12.“ Organization ” means the International Maritime Organization.
- 13.“ Secretary-General ” means the Secretary-General of the Organization.
- 1.A State Party may take measures in accordance with this.
- 2.Measures taken by the Affected State in accordance with paragraph.
- 3.Such measures shall not go beyond what is reasonably necessary.
- 4.The application of this Convention within the Convention area shall.
- 5.States Parties shall endeavour to co-operate when the effects of.
- 1.Except as otherwise provided in this Convention, this Convention shall.
- 2.A State Party may extend the application of this Convention.
- 3.When a State Party has made a notification under paragraph.
- 4.A notification made under paragraph 2 above shall take effect.
- 5.A State Party that has made a notification under paragraph.
- 1.This Convention shall not apply to measures taken under the.
- 2.This Convention shall not apply to any warship or other.
- 3.Where a State Party decides to apply this Convention to.
- 4.(a) When a State Party has made a notification under.
- 1.A State Party shall require the master and the operator.
- 2.Such reports shall provide the name and the principal place.
- 1.Upon becoming aware of a wreck, the Affected State shall.
- 2.If the Affected State has reason to believe that a.
- 1.If the Affected State determines that a wreck constitutes a.
- 2.In marking the wreck, all practicable steps shall be taken.
- 3.The Affected State shall promulgate the particulars of the marking.
- 1.If the Affected State determines that a wreck constitutes a.
- 2.The registered owner shall remove a wreck determined to constitute.
- 3.When a wreck has been determined to constitute a hazard.
- 4.The registered owner may contract with any salvor or other.
- 5.When the removal referred to in paragraphs 2 and 4.
- 6.The Affected State shall: (a) set a reasonable deadline within.
- 7.If the registered owner does not remove the wreck within.
- 8.In circumstances where immediate action is required and the Affected.
- 9.States Parties shall take appropriate measures under their national law.
- 10.States Parties give their consent to the Affected State to.
- 11.The information referred to in this article shall be provided.
- 1.Subject to article 11, the registered owner shall be liable.
- 2.Nothing in this Convention shall affect the right of the.
- 3.No claim for the costs referred to in paragraph 1.
- 4.Nothing in this article shall prejudice any right of recourse.
- 1.The registered owner shall not be liable under this Convention.
- 2.To the extent that measures under this Convention are considered.
- 1.The registered owner of a ship of 300 gross tonnage.
- 2.A certificate attesting that insurance or other financial security is.
- 3.(a) A State Party may authorize either an institution or.
- 4.The certificate shall be in the official language or languages.
- 5.The certificate shall be carried on board the ship and.
- 6.An insurance or other financial security shall not satisfy the.
- 7.The State of the ship's registry shall, subject to the.
- 8.Nothing in this Convention shall be construed as preventing a.
- 9.Certificates issued and certified under the authority of a State.
- 10.Any claim for costs arising under this Convention may be.
- 11.A State Party shall not permit any ship entitled to.
- 12.Subject to the provisions of this article, each State Party.
- 13.Notwithstanding the provisions of paragraph 5, a State Party may.
- 14.If insurance or other financial security is not maintained in.
- 1.At the request of not less than one-third of States.
- 2.Any consent to be bound by this Convention, expressed after.
- 1.Where a dispute arises between two or more States Parties.
- 2.If no settlement is possible within a reasonable period of.
- 3.Any procedure chosen by a State Party to this Convention.
- 4.A State Party to this Convention which is not a.
- 5.A declaration made under paragraphs 3 and 4 shall be.
- 1.This Convention shall enter into force twelve months following the.
- 2.For any State which ratifies, accepts, approves or accedes to.
- 1.This Convention may be denounced by a State Party at.
- 2.Denunciation shall be effected by the deposit of an instrument.
- 3.A denunciation shall take effect one year, or such longer.
- 1.This Convention shall be deposited with the Secretary General.
- 2.The Secretary-General shall: (a) inform all States which have signed.
- 3.As soon as this Convention enters into force, a certified.
- Interpretation
- 1.In this Schedule— “general light dues” and “general lighthouse authority”.
- 2.(1) Regulations under this Schedule may make provision imposing charges.
- 3.(1) If— (a) any EU obligation, or
- 4.(1) Regulations under this Schedule may not require a charge.
- 5.(1) Regulations under this Schedule may not require a charge.
- 6.(1) Regulations under this Schedule may impose a charge—
- 7.(1) Regulations under this Schedule may include provision requiring any.
- 8.(1) No obligation as to secrecy or other restriction on.
- 9.(1) Regulations under this Schedule may make provision—
- 10.Regulations under this Schedule may make provision for appeals against.
- 11.Regulations under this Schedule may make provision in respect of.
- 12.If regulations under this Schedule make any provision by virtue.
- 13.If regulations under this Schedule make any provision by virtue.
- 14.Regulations under this Schedule may include such transitional, incidental or.
- 15.Any sums received in consequence of regulations under this Schedule.
- 16.(1) Regulations under this Schedule shall be made by the.
- General Pier and Harbour Act 1861 Amendment Act 1862 (c. 19)
- 1.In section 21 of the General Pier and Harbour Act.
- 2.For section 26 of the Sea Fisheries Act 1868 substitute—.
- 3.In section 41 of the Lloyd’s Act 1871, for “Merchant.
- 4.Consequential Amendments
- 5.In the Explosives Act 1875— (a) in section 58(b), for.
- 6.In section 8(2) of the Explosive Substances Act 1883, for.
- 7.In the Submarine Telegraph Act 1885— (a) in section 5(1).
- 8.In Schedule 1 to the Foreign Jurisdiction Act 1890, at.
- 9.In section 2(1) of the Fisheries Act 1891, for “in.
- 10.In section 1 of the Commissioners for Oaths Act 1891.
- 11.In the Seal Fisheries (North Pacific) Act 1895—
- 12.In section 3 of the Seal Fisheries (North Pacific) Act.
- 13.In section 51(6) of the Trustee Act 1925, for “Acts.
- 14.In section 17(1) of the Whaling Industry (Regulations) Act 1934.
- 15.In section 343(1) of the Public Health Act 1936, in.
- 16.In section 14 of the Public Health (Drainage of Trade.
- 17.In Part I of the Schedule to the Superannuation (Various.
- 18.In section 17(1) of the Compensation (Defence) Act 1939, in.
- 19.In the Pensions (Navy, Army, Air Force and Mercantile Marine).
- 20.In section 1(8) of the Public Health (Scotland) Act 1945.
- 21.In section 38(2) of the Crown Proceedings Act 1947—
- 22.In section 3(1) of the British Nationality Act 1948, for.
- 23.In section 4(2) of the Law Reform (Miscellaneous Provisions) Act.
- 24.In section 19(7) of the Wireless Telegraphy Act 1949, for.
- 25.In section 49(1) of the Coast Protection Act 1949, in.
- 26.Consequential Amendments
- 27.In section 29(4) of the Rivers (Prevention of Pollution) (Scotland).
- 28.Consequential Amendments
- 29.(1) The Administration of the Justice Act 1956 shall be.
- 30.In section 51(7) of the Trustee Act (Northern Ireland) 1958.
- 31.In section 176(1) of the Factories Act 1961, for the.
- 32.In section 39(4) of the Pipe-Lines Act 1962, for “section.
- 33.In section 57(1) of the Harbours Act 1964—
- 34.In section 6(1)(c) of the Contracts of Employment and Redundancy.
- 35.In section 176(1) of the Factories Act (Northern Ireland) 1965.
- 36.In the Fisheries Act (Northern Ireland) 1966—
- 37.In section 2(5)(a) of the Finance Act 1966, for “Merchant.
- 38.In the Sea Fish (Conservation) Act 1967—
- 39.In section 32 of the Public Health Act (Northern Ireland).
- 40.In the Consular Relations Act 1968— (a) in section 13(3).
- 41.In section 13(6)(a) of the Countryside Act 1968, for “Merchant.
- 42.In section 1(1)(i) of the Hovercraft Act 1968—
- 43.In the Sea Fisheries Act 1968— (a) in section 8(6)—.
- 44.In Part II of Schedule 1 to the Harbours Act.
- 45.(1) The Carriage of Goods by Sea Act 1971 shall.
- 46.In section 24(3) of the Attachment of Earnings Act 1971.
- 47.In section 12(2)(a) of the Industry Act 1972, for “1.
- 48.Consequential Amendments
- 49.In section 8 of the Fishery Limits Act 1976—
- 50.In paragraph 5(1)(a) of Schedule 2 to the Aircraft and.
- 51.In the Rates (Northern Ireland) Order 1977—
- 52.In section 46 of the Judicature (Northern Ireland) Act 1978.
- 53.(1) The Customs and Excise Management Act 1979 shall be.
- 54.In section 19(1)(a) of the Hydrocarbon Oil Duties Act 1979.
- 55.After section 3 of the Magistrates’ Courts Act 1980 insert.
- 56.In section 123(2)(b) of the Education (Scotland) Act 1980, for.
- 57.In Article 2(2) of the Private Streets (Northern Ireland) Order.
- 58.In the Animal Health Act 1981— (a) in section 49(4).
- 59.(1) The Senior Courts Act 1981 shall be amended as.
- 60.In the Judgments Enforcement (Northern Ireland ) Order 1981—
- 61.In Article 29(6) of the Clean Air (Northern Ireland) Order.
- 62.In Article 48(3) of the Diseases of Animals (Northern Ireland).
- 63.After Article 17 of the Magistrates’ Courts Order 1981 insert.
- 64.In the Civil Aviation Act 1982— (a) in section 75(6).
- 65.Consequential Amendments
- 66.In the Civil Jurisdiction and Judgments Act 1982—
- 67.In section 38(4)(a) of the Civic Government (Scotland) Act 1982.
- 68.In section 9 of the British Fishing Boats Act 1983—.
- 69.In the Public Health (Control of Disease) Act 1984—
- 70.In section 9(1) of the Inshore Fishing (Scotland) Act 1984—.
- 71.In section 133(1) of the Road Traffic Regulation Act 1984.
- 72.(1) The County Courts Act 1984 shall be amended as.
- 73.In section 5(6) of the Repatriation of Prisoners Act 1984.
- 74.In section 2(b) of the Dangerous Vessels Act 1985, for.
- 75.In section 24(1) of the Food and Environment Protection Act.
- 76.In section 9 of the Protection of Military Remains Act.
- 77.In section 30(3) of the Wages Act 1986, for “Merchant.
- 78.In section 23(8) of the Petroleum Act 1987, for “16(2).
- 79.In section 73(4) of the Debtors (Scotland) Act 1987—
- 80.In the Pilotage Act 1987— (a) in section 22—
- 81.In Part III of Schedule 7 to the Channel Tunnel.
- 82.In section 25(1) of the Norfolk and Suffolk Broads Act.
- 83.In Schedule 5 to the Local Government Finance Act 1988.
- 84.In the Copyright, Designs and Patents Act 1988—
- 85.In section 144(2)(c) of the Road Traffic Act 1988, for.
- 86.In Article 26(3) of the Wages (Northern Ireland) Order 1988.
- 87.In section 5(7) of the Criminal Justice (International Co-operation) Act.
- 88.(1) The Aviation and Maritime Security Act 1990 shall be.
- 89.In the Water Industry Act 1991— (a) in section 121(6).
- 90.In section 221(1) of the Water Resources Act 1991—
- 91.In the Land Drainage Act 1991— (a) in section 12(7).
- 92.In Article 4(b) of the Dangerous Vessels (Northern Ireland) Order.
- 93.In the Judicial Pensions and Retirement Act 1993—
- 94.In the Clean Air Act 1993— (a) in section 46(6).
- 95.In section 33(3)(h), for “Part XI of the Merchant Shipping.
- Extra-territorial provisions
- 1.(1) Without prejudice to section 315(1), the repeals made by.
- 2.Any reference in an enactment in any other Act (not.
- 3.(1) A seaman engaged in any United Kingdom ship shall.
- 4.(1) The power to make regulations under section 47 includes.
- 5.(1) No provision to which this paragraph applies shall have.
- 6.(1) A provision to which this paragraph applies shall cease.
- 7.(1) Notwithstanding the repeal by the Merchant Shipping (Registration, etc.).
- 8.Notwithstanding the repeal of section 38 of the Merchant Shipping.
- 9.(1) Section 193(5) shall cease to have effect on such.
- 10.Prior to the commencement of paragraph 7 of Schedule 13.
- 11.Nothing in Part IX shall prejudice or affect any jurisdiction.
- 12.Prior to the commencement of paragraph 1 of Schedule 13.
- 13.Nothing in this Act shall affect the Behring Sea Award.
- 1.Notes
- 2.The following abbreviations are used in the Table:— Acts of.
- 3.By the Transfer of Functions (Trade and Industry) Order 1983.
- 4.By Schedule 1, paragraph 1 to the Customs and Excise.
- 5.Schedule 4, paragraph 2 of the 1993 Act effected general.
- 6.The general conversion of then-existing fines in terms of amounts.
- 7.As regards offences, paragraph 74 of Schedule 4 to the.
- 8.Section 1(1)(c) of the Merchant Shipping (Mercantile Marine Fund) Act.
