Merchant Shipping Act 1970

38 Payment of fines for disciplinary offences

(1) Subject to subsection (3) of this section, the amount of a fine imposed on a seaman for a disciplinary offence, so far as not remitted by the master or on appeal, may be deducted from his wages or otherwise recovered by the persons employing him and shall be paid by them (whether or not it has been so deducted or otherwise recovered) to a superintendent or proper officer.

(2) Subject to subsection (3) of this section—

(a) if the wages or part of the wages are paid by the master on behalf of the persons employing the seaman, or the master is the person employing the seaman, the said amount shall be paid at the time when the seaman leaves the ship at the end of the voyage or, if earlier, when his employment in the ship is terminated;

(b) in any other case the master shall at that time notify the amount to those persons and they shall pay it when the next payment in respect of the seaman's wages falls to be made by them.

(3) Where an appeal against such a fine is pending at the time mentioned in subsection (2) of this section no amount shall by reason of the fine be deducted, recovered, paid or notified under the preceding provisions of this section until the appeal has been disposed of; but regulations under section 35 of this Act may provide for the amount of the fine to be provisionally deducted from the seaman's wages pending the appeal.

(4) Any amount paid under this section to a superintendent or proper officer shall be transmitted by him to the Board of Trade and any amount required to be so paid but remaining unpaid shall be recoverable by the Board of Trade.

(5) The Board of Trade shall pay any sums received by them in pursuance of this section into the Consolidated Fund.