Merchant Shipping (Safety Convention) Act 1949

Section 32.

FIRST SCHEDULE Transitional Provisions

1 Any rules or regulations made, or having effect as if made, under any enactment repealed by this Act shall, until revoked, have effect as if they had been made under the corresponding provision of this Act.

2 (1) Any general safety certificate, short-voyage safety certificate, qualified safety certificate, passenger steamer's exemption certificate, wireless telegraphy certificate or wireless telegraphy exemption certificate in force in respect of any ship at the commencement of this Act shall continue in force until the date shown on the certificate, subject however to any cancellation of the certificate under the principal Act or this Act; and section twelve of this Act shall have effect accordingly.

(2) Section eleven of this Act shall have effect as if any such certificate as aforesaid had been issued under this Act.

(3) Where in respect of a ship there is in force at the commencement of this Act a wireless telegraphy certificate or a wireless telegraphy exemption certificate, that certificate shall be treated for the purposes of paragraph (b) of subsection (1) of section twelve of this Act as a radio certificate or as an exemption certificate stating that she is wholly exempt from the requirements of the Safety Convention relating to radiotelegraphy, radiotelephony and direction-finders, as the case may require.

(4) Nothing in the said paragraph (b) shall prohibit a ship from proceeding to sea without a safety-equipment certificate (whether or not qualified) until after the expiration of twenty-four months from the date of the commencement of this Act, nor a ship of less than sixteen hundred tons gross tonnage from proceeding to sea without a radio certificate (whether or not qualified), or a certificate stating that she is wholly exempt from the provisions of the Safety Convention relating to radiotelegraphy, radiotelephony and direction-finders, until after the expiration of one year from that date.

(5) Subsection (5) of section thirteen of this Act shall apply to any such certificate as is mentioned in sub-paragraph (1) of this paragraph as it applies to certificates issued under this Act.

3 (1) The Minister may by regulations provide—

(a) that any country to which the International Convention for the Safety of Life at Sea, 1929, applies shall, for such purposes, for such a period and subject to such conditions as may be specified by or under the regulations, be treated for the purposes of this Act as if it were a country to which the Safety Convention applies; and

(b) that any certificate purporting to have been issued in accordance with the said Convention of 1929 and complying with such of the regulations made under subsection (2) of section sixteen of the Merchant Shipping (Safety and Load Line Conventions) Act, 1932, as are applicable in the circumstances may, for such purposes, for such a period and subject to such conditions as may be specified by or under the regulations, be treated as if it were an accepted Safety Convention certificate within the meaning of this Act.

(2) Without prejudice to any general provision of this Schedule regarding the validity of regulations made under any Act repealed by this Act, regulations made under subsection (2) of section sixteen of the said Act of 1932 shall continue in force so far as they are required for the purposes of this paragraph.

4 Nothing in section seventeen of this Act shall require the master of a ship of less than sixteen hundred tons gross tonnage other than a passenger steamer to produce an accepted Safety Convention certificate being the equivalent of a radio certificate (whether or not qualified), or a certificate stating that she is wholly or partly exempt from the provisions of the Safety Convention relating to radiotelegraphy, radiotelephony and direction-finders, before the expiration of twelve months after the date of the commencement of this Act; nor the master of any ship to produce an accepted Safety Convention certificate being the equivalent of a safety-equipment certificate (whether or not qualified) before the expiration of twenty-four months after that date; and the provisions of that section relating to clearance and detention of ships shall have effect accordingly.