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Merchant Shipping Act 1974

Status:

This is the original version (as it was originally enacted).

Schedules

Schedule 1OVERALL LIMIT ON LIABILITY OF FUND

Article 4—paragraphs 4, 5 and 6

4(a) Except as otherwise provided in sub-paragraph (b) of this paragraph, the aggregate amount of compensation payable by the Fund under this Article shall in respect of any one incident be limited, so that the total sum of that amount and the amount of compensation actually paid under the Liability Convention for pollution damage caused in the territory of the Contracting States, including any sums in respect of which the Fund is under an obligation to indemnify the owner pursuant to Article 5, paragraph 1, of this Convention, shall not exceed 450 million francs.

(b)The aggregate amount of compensation payable by the Fund under this Article for pollution damage resulting from a natural phenomenon of an exceptional, inevitable and irresistible character shall not exceed 450 million francs.

5Where the amount of established claims against the Fund exceeds the aggregate amount of compensation payable under paragraph 4, the amount available shall be distributed in such a manner that the proportion between any established claim and the amount of compensation actually recovered by the claimant under the Liability Convention and this Convention shall be the same for all claimants.

6The Assembly of the Fund (hereinafter referred to as " the Assembly ") may, having regard to the experience of incidents which have occurred and in particular the amount of damage resulting therefrom and to changes in the monetary values, decide that the amount of 450 million francs referred to in paragraph 4, sub-paragraph (a) and (b), shall be changed; provided, however, that this amount shall in no case exceed 900 million francs or be lower than 450 million francs. The changed amount shall apply to incidents which occur after the date of the decision effecting the change.

Schedule 2Oil Tankers

Surveys, inspections and certificates

1(1)Oil tanker construction rules may provide for any surveys or inspections under the rules to be undertaken, and certificates to be issued, in such circumstances as may be specified in the rules, by persons appointed by such organisations as may be authorised for the purpose by the Secretary of State.

(2)Sub-paragraph (1) above shall have effect notwithstanding section 86 of the Merchant Shipping Act 1894 (which requires certain surveys and measurements to be carried out by officers of the Secretary of State).

(3)The rules may apply any of the following provisions of the Merchant Shipping Act 1894 with such exceptions or modifications as may be prescribed by the rules, that is—

(a)section 272(2) (surveyor to deliver declaration of survey to owner),

(b)section 273 (owner to deliver declaration to Secretary of State),

(c)section 275 (appeal to court of survey),

(d)section 276 and sections 278 to 281 (provisions about certificates),

(e)section 282 (forgery of certificate or declaration of survey).

Duty to notify alterations

2(1)The rules may require the owner of a United Kingdom oil tanker to notify the Secretary of State of any alteration to the tanker which may affect the question of its qualification or continued qualification for a tanker construction certificate or a tanker exemption certificate.

(2)If any person contravenes the rules by failing to notify such an alteration, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding £1,000.

Clearance of outgoing tanker

3(1)Before a certificated oil tanker proceeds to sea, the master of the tanker shall produce the certificate to the officer of customs from whom a clearance for the ship is demanded.

(2)Before any oil tanker which is not certificated proceeds to sea, the master of the tanker shall produce to the officer of customs from whom a clearance for the ship is demanded evidence to the satisfaction of the officer that the departure will not be in contravention of section 12 of this Act.

(3)A clearance shall not be granted, and the tanker may be detained, until the certificate or other evidence is so produced.

Inspection of foreign tanker

4(1)For the purpose of determining whether an oil tanker not registered in the United Kingdom is certificated, or whether, if it were a United Kingdom oil tanker, it would qualify for the issue of a tanker construction certificate or a tanker exemption certificate, a competent officer may at all reasonable times go on board the tanker and inspect any part of it, and call for the production of any document carried in the tanker.

(2)An officer exercising powers under this paragraph shall not unnecessarily detain or delay a tanker but may, if he considers it necessary in order to determine—

(a)whether the tanker should be issued with leave to sail under section 12 of this Act, or whether leave to sail should be issued subject to any conditions under subsection (3) of that section, or

(b)whether an order should be issued in respect of the tanker under section 13 of this Act,

require the tanker to be taken into dock for a survey of its hull, cargo-spaces or fuel-tanks.

(3)If any person obstructs an officer acting under this paragraph, or fails to comply with a requirement made under sub-paragraph (2) above, or fails to produce a document carried in the tanker when called on by the officer to produce it, he shall be guilty of an offence and liable on summary conviction to a fine of not more than £100.

(4)In this paragraph " competent officer " means an officer of the Secretary of State authorised by him to act thereunder.

(5)Nothing in this paragraph prejudices section 76 of the Merchant Shipping Act 1970 (general powers of inspection).

Offences

5(1)Oil tanker construction rules may provide for the punishment of any contravention of or failure to comply with the rules by making a person liable on summary conviction to a fine not exceeding £100, or such lower limit as may be specified in the rules.

(2)This paragraph is without prejudice to liability for any offence against the rules for which a punishment is provided by some other provision of this Act.

Fees

6Oil tanker construction rules—

(a)may, with the approval of the Treasury, prescribe the fees payable in respect of surveys and inspections carried out, and certificates issued, under the rules ;

(b)shall, subject to sub-paragraph (c) below, provide for all fees payable under the rules to be paid to the Secretary of State ; and

(c)may, in the case of surveys and inspections carried out,

and certificates issued, by persons appointed by organisations authorised under paragraph 1 above, provide for fees to be payable to those persons or organisations.

Schedule 3Certificated Oil Tankers

1In Part II of this Act a " certificated oil tanker " means one falling within paragraphs 2, 3 or 4 below.

2An oil tanker is certificated if it is a United Kingdom oil tanker in respect of which a tanker construction certificate or a tanker exemption certificate is in force.

3(1)An oil tanker registered in a Convention country (other than the United Kingdom) is certificated if a certificate corresponding to a tanker construction certificate or tanker exemption certificate duly issued under the law of that country is in force in respect of the tanker.

(2)The Secretary of State may by order in a statutory instrument declare that for the purposes of this paragraph a certificate of a kind specified in the order is one which corresponds to a tanker construction certificate or tanker exemption certificate, and is of a kind which is issued under the law of a Convention country so specified.

(3)An order under this paragraph shall, while the order is in force, be conclusive evidence of the facts stated in the order.

4(1)An oil tanker is certificated if a certificate of a prescribed kind issued under the law of a country which is not a Convention country is in force as respects the oil tanker.

(2)In this paragraph " prescribed" means prescribed by order of the Secretary of State contained in a statutory instrument.

5An order made under this Schedule may be varied or revoked by a subsequent order so made.

Schedule 4Protection of Shipping and Trading Interests

Customs powers

1(1)An order made under the principal section with the consent of the Commissioners of Customs and Excise may provide for the enforcement and execution of any order or direction under the principal section by officers of customs and excise.

(2)Officers of customs and excise acting under any provision made under sub-paragraph (1) above shall have power to enter any premises or Vessel.

(3)Section 53 of the Customs and Excise Act 1952 (power to refuse or cancel clearance of ship or aircraft) shall apply as if the principal section and this Schedule were contained in that Act.

Orders imposing charges

2(1)An order under subsection (3)(d) of the principal section—

(a)may apply to ships of any description specified in the order, and may apply in particular to ships registered in a specified country, or ships carrying specified goods or cargoes, and

(b)may contain such provisions as appear to the Secretary of State expedient to enable the Commissioners of Customs and Excise to collect any charge imposed by the order, and

(c)may apply any of the provisions of the customs Acts which relate to duties of customs, subject to any modifications or exceptions specified in the order.

(2)The charge so imposed may be a fixed amount, or may be an amount depending on the tonnage of the ship.

(3)Any such charge shall be payable to the Secretary of State.

Criminal proceedings

3A person shall not be guilty of an offence against any provision contained in or having effect under the principal section or this Schedule by reason only of something done by that person wholly outside the area of the United Kingdom unless that person is a British subject or a company incorporated under the law of any part of the United Kingdom.

Interpretation

4In the principal section " port" includes an off-shore terminal, and references to entering or leaving a port shall include references to using or ceasing to use an off-shore terminal.

Schedule 5Regulations Relating to Submersible and Supporting Apparatus

1(1)In this Schedule " regulations " means regulations made under section 17 of this Act, and " prescribed " means prescribed by regulations.

(2)Nothing in this Schedule shall be taken to prejudice the generality of section 17 of this Act.

Registration of submersible apparatus

2Regulations made by virtue of section 17(1)(e) of this Act may make provision—

(a)for all matters relevant to the maintenance of a register of submersible apparatus,

(b)without prejudice to sub-paragraph (a) above, for the period for which any registration or exemption is to remain effective without renewal, the alteration or cancellation in any prescribed circumstances of registration or exemption or of any conditions attached thereto, the person by whom and manner in which applications in connection with any registration or exemption are to be made, and information and evidence to be furnished in connection with any such application,

(c)for the marking or other means of identification of any submersible apparatus,

(d)for the issue of certificates of registration or exemption, and the custody, surrender, production or display of the certificates or copies of them,

(e)for matters arising out of the termination of any registration or exemption, or any conditions attached thereto.

Offences

3(1)Subject to sub-paragraph (2) below, regulations—

(a)may provide for the creation of offences and for their punishment on summary conviction or on conviction on indictment, and

(b)may afford, in respect of any description of offence created by the regulations, such defence (if any) as may be prescribed.

(2)The punishment for an offence created by regulations shall be—

(a)on summary conviction a fine not exceeding £400,

(b)on conviction on indictment imprisonment for a term not exceeding 2 years, or a fine, or both,

but without prejudice to any further restriction contained in the regulations on the punishments which can be awarded and without prejudice to the exclusion by the regulations of proceedings on indictment.

Exemptions from regulations

4(1)The operation of any regulations may be excluded in whole or in part in relation to any class or description of submersible or supporting apparatus by regulations, or in relation to any particular apparatus by the direction of the Secretary of State given in such manner as he thinks appropriate.

(2)Any exemption or exclusion by regulations or by directions of the Secretary of State under this paragraph may be made subject to the imposition of conditions specified by the regulations or directions.

(3)Where, in pursuance of this paragraph, a person is exempted or excluded from the requirements of the provisions of regulations but, subject to a condition, and the condition is not observed, the exemption or exclusion shall not have effect, and accordingly proceedings may be brought in respect of any offence created by the regulations.

General

5Regulations—

(a)may provide for their operation anywhere outside the United Kingdom and for their application to persons, whether or not British subjects, and to companies, whether or not incorporated under the law of any part of the United Kingdom,

(b)may provide that in any proceedings for an offence under the regulations an averment in any process of the fact that anything was done or situated within waters to which this Act applies shall, until the contrary is proved, be sufficient evidence of that fact as stated in the averment,

(c)may provide that proceedings for any offence under the regulations may be taken, and the offence be treated for all incidental purposes as having been committed, in any place in the United Kingdom,

(d)may provide for any provisions of the Merchant Shipping Acts 1894 to 1970 relating to inquiries and investigations into shipping casualties to apply (with such modifications as may be specified) in relation to casualties involving any submersible apparatus which is not a ship as they apply to ships,

(e)may provide that specified provisions of any enactment (other than this Act) shall, in such circumstances as may be prescribed, not have effect in relation to such class or description of, or to such particular, submersible or supporting apparatus as may be prescribed;

(f)may make different provision for different classes or descriptions of submersible or supporting apparatus and for different circumstances,

(g)may contain such supplemental, and incidental provisions as appear to the Secretary of State to be expedient, including provision for requiring the payment of fees in connection with the making of applications and the granting of licences or issue of certificates, or other matters.

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