- Latest available (Revised)
- Point in Time (01/02/1991)
- Original (As enacted)
Version Superseded: 08/07/1991
Point in time view as at 01/02/1991. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the Merchant Shipping Act 1970, Section 61.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)Subject to subsection (4) of this section, where—
(a)any person dies in a ship registered in the United Kingdom; or [F1in a boat or life-raft from such a ship; or]
(b)the master of or a seaman employed in such a ship dies in a country outside the United Kingdom;
an inquiry into the cause of the death shall be held by a superintendent or proper officer at the next port where the ship calls after the death and where there is a superintendent or proper officer, or at such other place as the Board of Trade may direct.
[F2(1A)Subject to subsection (4) of this section, where it appears to the Secretary of State that—
(a)in consequence of an injury sustained or a disease contracted by a person, when he was the master of or a seaman employed in a ship registered in the United Kingdom, he ceased to be employed in the ship and subsequently died; and
(b)the death occurred in a country outside the United Kingdom during the period of one year beginning with the day when he so ceased,
the Secretary of State may arrange for an inquiry into the cause of the death to be held by a superintendent or proper officer.
(1B)Subject to subsection (4) of this section, where it appears to the Secretary of State that a person may—
(a)have died in a ship registered in the United Kingdom or in a boat or life-raft from such a ship; or
(b)have been lost from such a ship, boat or life-raft and have died in consequence of having been so lost,
the Secretary of State may arrange for an inquiry to be held by a superintendent or proper officer into whether the person died as aforesaid and, if the superintendent or officer finds that he did, into the cause of the death.]
(2)The superintendent or proper officer holding the inquiry shall for the purpose of the inquiry have the powers conferred on an inspector by [F3section 27 of the M1Merchant Shipping Act 1979].
(3)The person holding the inquiry shall make a report of his findings to the Board of Trade and the Board shall make a copy of the report available—
(a)[F4if the person to whom the report relates] was employed in the ship and a person was named as his next of kin in the crew agreement or list of the crew in which the [F4name of the person to whom the report relates] last appeared, to the person so named;
(b)in any case, to any person requesting it who appears to the Board of Trade to be interested.
(4)No inquiry shall be held under this section in a case where, in England, Wales or Northern Ireland, a coroner’s inquest is to be held or, in Scotland, an inquiry is to be held under the [F5M2Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976].
Textual Amendments
F1Words inserted by Merchant Shipping Act 1979 (c. 39), s. 29(1)(a)
F2S. 61(1A)(1B) inserted by Merchant Shipping Act 1979 (c. 39), s. 29(1)(b)
F3Words substituted by Merchant Shipping Act 1979 (c. 39), s. 28(7)(b)
F4Words substituted by Merchant Shipping Act 1979 (c. 39), s. 29(2)
F5Words substituted by Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 (c. 14), Sch. 1 para. 2
Marginal Citations
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: