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Merchant Shipping Act 1970

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This is the original version (as it was originally enacted).

Miscellaneous

85Amendment of Merchant Shipping (Safety Convention) Act 1949

(1)For sections 3 and 6 of the Merchant Shipping (Safety Convention) Act 1949 there shall be substituted the sections set out in Schedule 1 to this Act.

(2)In section 5(2) of that Act (rules for direction finders) the words " being ships of sixteen hundred tons gross tonnage or upwards " shall be omitted.

(3)Before making rules under any of those sections the Board of Trade shall consult with organisations in the United Kingdom appearing to them representative of persons who will be affected by the rules.

86Nautical publications

(1)The Board of Trade may make rules specifying such charts, directions or information as appear to the Board necessary or expedient for the safe operation of ships and those rules may require ships registered in the United Kingdom, or such descriptions of ships registered in the United Kingdom as may be specified in the rules, to carry, either at all times or on such voyages as may be specified in the rules, copies of the charts, directions or information so specified.

(2)If a ship goes to sea or attempts to go to sea without carrying copies of the charts, directions or information which it is required to carry by rules under this section the master or owner shall be liable on summary conviction to a fine not exceeding £100.

87The merchant navy uniform

(1)The Board of Trade may make regulations prescribing a uniform, to be known as the merchant navy uniform, for the use of persons serving in ships registered in the United Kingdom, and distinguishing marks to be worn, as part of the uniform, by persons so serving in different positions or in different circumstances.

(2)Regulations under this section may prescribe the persons by whom and the circumstances in which the merchant navy uniform or any part of it may be worn.

(3)If a person wears the merchant navy uniform or any part of it, or wears anything bearing the appearance of the uniform or any part of it, when he is not authorised by regulations under this section to wear the uniform or that part he shall be liable on summary conviction to a fine not exceeding £50.

(4)Where any design, within the meaning of the Registered Designs Act 1949, which forms part of the merchant navy uniform has been registered under that Act and the Board of Trade are the registered proprietor thereof their copyright in the design shall, notwithstanding section 8 of that Act, continue so long as the design remains so registered.

(5)Nothing in this section shall prohibit or restrict the use of the merchant navy uniform or any part of it for the purposes of any stage, film or television performance, unless the use is such as to bring the uniform into disrepute.

88Increase of penalty for sailing while ship under detention

In section 692(1) of the Merchant Shipping Act 1894 (enforcing detention of ship) for the words " one hundred pounds " there shall be substituted the words

two hundred pounds.

89Dealing with deserters under reciprocal agreements

(1)Subject to subsection (5) of this section, this section applies to any country to which, immediately before the coming into operation of the repeal by this Act of section 238 of the Merchant Shipping Act 1894, that section applied by virtue of an Order in Council made under it or having effect as if made under it.

(2)Where a seaman deserts in the United Kingdom from a ship registered in a country to which this section applies, a justice of the peace may, on the application of a consular officer of that country and on information on oath, issue a warrant for the arrest of the seaman.

(3)Where a seaman has been arrested on a warrant issued under this section a magistrates' court may, on proof of the desertion, order him to be conveyed on board his ship.

(4)Where a seaman is liable to be arrested under this section, any person who, knowing or believing that he has deserted, does without lawful authority or reasonable excuse any act with intent to impede his arrest shall be liable on summary conviction to a fine not exceeding £20.

(5)Her Majesty may by Order in Council direct that this section shall cease to apply to any country specified in the Order.

(6)In its application to Scotland this section shall have effect as if for the reference to a justice of the peace there were substituted a reference to a sheriff, magistrate or justice of the peace, for the reference to a magistrates' court a reference to a court of summary jurisdiction within the meaning of the Summary Jurisdiction (Scotland) Act 1954, and for the reference to information on oath a reference to evidence on oath.

(7)In its application to Northern Ireland this section shall have effect as if in subsection (3) for the reference to a magistrates' court there were substituted a reference to a court of summary jurisdiction.

90Adaptation to metric units

The Board of Trade may by regulations provide for such adaptations of any enactments contained in the Merchant Shipping Acts as appear to them appropriate for the purpose of replacing references therein to units other than metric units by references to metric units which are either equivalent thereto or such approximations thereto as appear to the Board desirable for the purpose of securing that the enactments as adapted are expressed in convenient terms.

91Tonnage measurement and certificates

For subsections (5) and (6) of section 1 of the Merchant Shipping Act 1965 (tonnage regulations) there shall be substituted the following subsections—

(5)Regulations under this section may make provision for the alteration (notwithstanding section 82 of the principal Act) of the particulars relating to the registered tonnage of a ship.

(6)Regulations under this section may provide for the issue by the Board of Trade or by persons appointed by such organisations as may be authorised in that behalf by the Board of Trade of certificates of the registered tonnage of any ship or of the tonnage which is to be taken for any purpose specified in the regulations as the tonnage of a ship not registered in the United Kingdom, and for the cancellation and delivery up of such certificates in such circumstances as may be prescribed by the regulations.

(6A)Regulations under this section requiring the delivery up of any certificate may make a failure to comply with the requirement an offence punishable on summary conviction with a fine not exceeding £100.

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