Merchant Shipping Act 1970

Property of deceased seamen

65 Custody, etc. of property of deceased seamen

(1) The Board of Trade may make regulations providing for the custody of and dealing with—

(a) any property left on board a ship registered in the United Kingdom by a seaman dying while or after being employed in the ship ;

(b) any property left in a country outside the United Kingdom by a seaman dying while or within six months after being employed in such a ship ; and

(c) any property left in a country outside the United Kingdom by a citizen of the United Kingdom and colonies dying while or within six months after being employed as a seaman in a ship registered outside the United Kingdom;

until it is disposed of by or under the directions of the Board of Trade; and for the recovery by the Board of Trade of any wages which, at the time of a seaman's death, were due to him in respect of his employment in a ship registered in the United Kingdom.

(2) Regulations under this section may require the recording of particulars and the rendering of accounts and may enable the Board of Trade or any person having custody of any such property to sell it by auction or otherwise and account for the proceeds.

(3) Regulations under this section may make a contravention of any provision thereof an offence punishable on summary conviction with a fine not exceeding £100.

66 Disposal of property of deceased seaman

(1) Where, on the death of a seaman, any assets come into the hands of the Board of Trade by virtue of section 65 of this Act the Board may satisfy out of them any expenses incurred by the Board in respect of the seaman or his property.

(2) If the value of the residue of the assets does not exceed £500, the Board of Trade may at any time pay or deliver it to any of the persons mentioned in subsection (3) of this section or distribute it among them, unless a grant of representation, or in Scotland confirmation, has then been made and the Board of Trade know of it; and the Board shall thereby be discharged from any further liability in respect of the residue.

(3) The persons referred to in subsection (2) of this section are—

(a) any person appearing to the Board of Trade to be a person named as the seaman's next of kin in the crew agreement or list of the crew in which the seaman's name last appeared;

(b) any person appearing to the Board of Trade to be his widow or a child of his ;

(c) any person appearing to the Board of Trade to be beneficially entitled, under a will or on intestacy, to the seaman's estate or any part of it;

(d) any person appearing to the Board of Trade to be a creditor of the seaman.

(4) If it appears to the Board of Trade that any of the persons to whom any assets may be paid or delivered under this section is resident in a foreign state the Board of Trade may pay or deliver them to him by paying or delivering them to a consular officer of that state for transmission to him.

(5) In this section " child " includes an adopted child and an illegitimate child.