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Merchant Shipping Act 1995
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- 1995 c. 21
- PART I
- Section 4
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- Act power to modify or apply conferred by 2006 c. 8 s. 1(5)
- Blanket amendment text amended by S.I. 2011/1043 art. 3 6
- Act words substituted by 2005 c. 4 Sch. 11 para. 6
- Blanket Amendment words substituted by 2005 c. 4 Sch. 11 para. 1(2)
- Blanket Amendment words substituted by 2005 c. 4 Sch. 11 para. 5
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 9A inserted by 2011 c. 8 s. 1(2)
- s. 108A inserted by 2003 c. 16 s. 1(1)
- s. 153A inserted by S.I. 2006/1244 reg. 5
- s. 156A inserted by S.I. 2006/1244 reg. 9
- s. 163A inserted by S.I. 2006/1244 reg. 17
- s. 163A(8) words substituted by S.I. 2009/1941 Sch. 1 para. 152(3)
- s. 176A 176B inserted by S.I. 2006/1265 art. 6
- Sch. 3A inserted by 2003 c. 16 Sch. 1
- Sch. 3A para. 1(2)(da) inserted by S.I. 2004/2110 reg. 22(1)
- Sch. 3A para. 11 substituted by S.I. 2009/1941 Sch. 1 para. 152(5)
- Sch. 5ZA inserted by S.I. 2006/1265 art. 12 Sch.
- Sch. 11ZA inserted by 2011 c. 8 s. 1(4) Sch.
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Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2003/3142 art. 2-4 commences (2002 c. 11 and 2003 c. 21)
- S.I. 2004/827 art. 2-4 commences (2003 c. 20)
- S.I. 2004/2304 art. 2 commences (2004 c. 21)
- S.I. 2004/2917 art. 2 commences (2004 c. 21)
- S.I. 2005/910 art. 3 commences (2003 c. 39)
- S.I. 2005/1126 art. 2 commences (2005 c. 11)
- S.I. 2006/1014 art. 2 Sch. 1 2 commences (2005 c. 4)
- S.I. 2007/204 art. 2-4 commences (2006 c. 28)
- S.I. 2007/499 art. 2 commences (2006 c. 45)
- S.I. 2007/1030 art. 2 commences (2006 c. 45)
- S.I. 2007/1375 art. 2 commences (2006 c. 28)
- S.I. 2008/1653 art. 2 commences (2007 c. 15)
- S.I. 2009/1604 art. 2 commences (2005 c. 4)
- S.I. 2009/3345 art. 2 commences (2009 c. 23)
- S.I. 2010/298 art. 2 Sch. commences (2009 c. 23)
- S.I. 2011/2329 art. 2 3 commences (2011 c. 5)
- S.S.I. 2005/392 art. 2 commences (2005 asp 5)
- S.S.I. 2011/268 art. 6 commences (2011 asp 7)
- S.R. 2006/257 art. 2 commences (S.I. 2006/1254 (N.I.))
4 Penalty for carrying improper colours.E+W+S+N.I.
(1)If any of the following colours, namely—
(a)any distinctive national colours except—
(i)the red ensign,
(ii)the Union flag (commonly known as the Union Jack) with a white border, or
(iii)any colours authorised or confirmed under section 2(3)(b); or
(b)any colours usually worn by Her Majesty’s ships or resembling those of Her Majesty, or
(c)the pendant usually carried by Her Majesty’s ships or any pendant resembling that pendant,
are hoisted on board any British ship without warrant from Her Majesty or from the Secretary of State, the master of the ship, or the owner of the ship (if on board), and every other person hoisting them shall be guilty of an offence.
(2)A person guilty of an offence under subsection (1) above shall be liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum;
(b)on conviction on indictment, to a fine.
(3)If any colours are hoisted on board a ship in contravention of subsection (1) above, any of the following, namely—
(a)any commissioned naval or military officer,
(b)any officer of customs and excise, and
(c)any British consular officer,
may board the ship and seize and take away the colours.
(4)Any colours seized under subsection (3) above shall be forfeited to Her Majesty.
(5)In this section “colours” includes any pendant.
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