Merchant Shipping (Safety And Load Line Conventions) Act 1932

Part I U.K. Safety of Life at Sea

Modifications etc. (not altering text)

C1 As it applies to the Isle of Man, Part I, except ss. 12, 24, 27, 29 and 30, repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. X

1–4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 U.K.

Textual Amendments

F1 Ss. 1–4, 5(1) repealed by Merchant Shipping (Safety Convention) Act 1949 (c. 43), Sch. 3

[F2 5 Amendments of Merchant Shipping Acts as to life-saving appliances. U.K.

(1) . . . F3

(2) Subsection (1) of section four hundred and thirty of the principal Act (which imposes penalties for failure to comply with with the rules for life-saving appliances) shall be amended by inserting after paragraph (d) thereof the following paragraph:—

“(e) if any provision of the rules for life-saving appliances applicable to the ship is contravened or not complied with.”

(3) The following section shall be substituted for section four hundred and thirty-one of the principal Act:—

“431 (1) A surveyor of ships may inspect any ship for the purpose of seeing that the rules for life-saving appliances have been complied with in her case, and for the purpose of any such inspection shall have all the poeres of a Board of Trade Inspector under this Act.

(2) If the surveyor finds that the rules for life-saving appliances have not been complied with, he shall give written notice to the owner or master stating in what respect the said rules have not been complied with, and what, in his opinion, is required to rectify the matter.

(3) Every notice so given shall be communicated in manner directed by the Board of Trade to the Chief Officer of Customs of any port at which the ship may seek to obtain a clearance or transire, and a clearance or transire shall not be granted to the ship and the ship shall be detained until a certificate under the hand of a surveyor of ships is produced to the effect that the matter has been rectified.”

(4) (5) . . . F4 ]

Textual Amendments

F2 Ss. 1–11, 13–23, 25, 26, 28, 31–39 as they apply to the Isle of Man repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. X

F3 Ss. 1–4, 5(1) repealed by Merchant Shipping (Safety Convention) Act 1949 (c. 43), Sch. 3

F4 Ss. 5(4)(5), 6, 7, 9(2) repealed by Merchant Shipping (Safety Convention) Act 1949 (c. 43), Sch. 3

Modifications etc. (not altering text)

C2 The text of S. 5(2) (3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Wireless Telegraphy U.K.

6, 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5 U.K.

Textual Amendments

F5 Ss. 5(4)(5), 6, 7, 9(2) repealed by Merchant Shipping (Safety Convention) Act 1949 (c. 43), Sch. 3

[F6 8 Appointment of wireless telegraphy surveyors. U.K.

A person appointed to be a surveyor of ships under section seven hundred and twenty-four of the principal Act may be appointed as a wireless telegraphy surveyor:

. . . F7 ]

Textual Amendments

F6 Ss. 1–11, 13–23, 25, 26, 28, 31–39 as they apply to the Isle of Man repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. X

F7 S. 8 proviso repealed by Post Office Act 1969 (c. 48), Sch. 8 Pt. II

[F8 9 Survey of passenger steamers by wireless telegraphy surveyors. U.K.

(1) The surveys of a passenger steamer required by the principal Act shall, in the case of every survey made after the commencement of this Part of this Act in respect of a sea-going steamer which is not exempt under the M1 Merchant Shipping (Wireless Telegraphy) Act 1919, from the obligations imposed by that Act, include a survey by a wireless telegraphy surveyor , . . . F9 ]

(2) . . . F10

[F8 (3) Section two hundred and seventy-five of the principal Act (which provides for appeals to a court of survey by persons aggrieved by the declaration of survey of a ship or engineer surveyor) shall be amended by inserting the words “or wireless telegraphy surveyor” after the words “engineer surveyor” in both places where they occur.]

Textual Amendments

F8 Ss. 1–11, 13–23, 25, 26, 28, 31–39 as they apply to the Isle of Man repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. X

F9 Words amend Merchant Shipping Act 1894 (c. 60), s. 272(1)

F10 Ss. 5(4)(5), 6, 7, 9(2) repealed by Merchant Shipping (Safety Convention) Act 1949 (c. 43), Sch. 3

Modifications etc. (not altering text)

C3 Reference to exemption from obligations imposed by radio rules substituted for reference to exemption from obligations imposed by Merchant Shipping (Wireless Telegraphy) Act 1919 (c. 38) by Merchant Shipping (Safety Convention) Act 1949 (c. 43), s. 35(6)

C4 The text of S. 9(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M1 1919 c. 38.

10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11 U.K.

Textual Amendments

F11 Ss. 10, 11, 13–22 repealed by Merchant Shipping (Safety Convention) Act 1949 (c. 43), Sch. 3.

Certificates U.K.

11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12 U.K.

Textual Amendments

F12 Ss. 10, 11, 13–22 repealed by Merchant Shipping (Safety Convention) Act 1949 (c. 43), Sch. 3.

Valid from 30/04/1994

12 Modification of safety certificates as respects life-saving appliances. U.K.

(1) If, on any international voyage, a British passenger steamer registered in the United Kingdom in respect of which a safety certificate is in force has on board a total number of persons less than the number stated in that certificate to be the number for which the life-saving appliances on the steamer provide, the Board of Trade, or any person authorised by them for the purpose, may, at the request of the master of the steamer, issue a memorandum stating the total number of persons carried on the steamer on that voyage, and the consequent modifications which may be made for the purpose of that voyage in the particulars with respect to life-saving appliances stated in the certificate, and that memorandum shall be annexed to the certificate.

(2) Every such memorandum shall be returned to the Board of Trade at the end of the voyage to which it relates, and, if it is not so returned, the master of the steamer shall be liable to a fine not exceeding [F13 level 2 on the standard scale].

Textual Amendments

F13 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46; (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G and (N.I.) S.I. 1984/703 (N.I. 3), art. 5

13–21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14 U.K.

Textual Amendments

F14 Ss. 10, 11, 13–22 repealed by Merchant Shipping (Safety Convention) Act 1949 (c. 43), Sch. 3.

Miscellaneous Provisions for further Safety of Life at Sea U.K.

22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15 U.K.

Textual Amendments

F15 Ss. 10, 11, 13–22 repealed by Merchant Shipping (Safety Convention) Act 1949 (c. 43), Sch. 3.

23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16 U.K.

Textual Amendments

F16 S. 23 repealed by Merchant Shipping (Load Lines) Act 1967 (c. 27), s. 33, Sch. 2

24 Report of dangers to navigation. U.K.

(1) The master of any British ship registered in the United Kingdom, on meeting with dangerous ice, a dangerous derelict, a tropical storm or any other direct danger to navigation, shall send information accordingly, by all means of communication at his disposal and in accordance with rules to be made for the purposes of this section, to ships in the vicinity and to such authorities on shore as may be prescribed by those rules.

(2) Rules for the purposes of this section shall be made by the Board of Trade . . . F17

(3) If the master of a ship fails to comply with the provisions of this section, he shall for each offence be liable to a fine not exceeding [F18 level 4 on the standard scale].

(4) Every person in charge of a wireless telegraph station which is under the control of the Postmaster General, or which is established or installed under licence of the Postmaster General, shall, on receiving the signal prescribed by the said rules for indicating that a message is about to be sent under this section, refrain from sending messages for a time sufficient to allow other stations to receive the message, and, if so required by the Board of Trade, shall transmit the message in such manner as may be required by the Board, and compliance with this subsection shall be deemed to be a condition of every licence granted by the Postmaster General under the M2 Wireless Telegraphy Act 1904:

. . . F19

(5) For the purposes of this section, the expression “tropical storm” means a hurricane, typhoon, cyclone, or other storm of a similar nature, and the master of a ship shall be deemed to have met with a tropical storm if he has reason to believe that there is such a storm in his vicinity.

(6) . . . F20

Textual Amendments

F17 Words repealed by Merchant Shipping (Safety Convention) Act 1949 (c. 43), Sch. 3

F18 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46; (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G and (N.I.) S.I. 1984/703 (N.I. 3), art. 5

F19 S. 24(4) proviso repealed by Merchant Shipping (Safety Convention) Act 1949 (c. 43), Sch. 3

F20 S. 24(6) repealed by Statute Law Revision Act 1950 (c. 6)

Modifications etc. (not altering text)

C5 S. 24 extended by Merchant Shipping Act 1964 (c. 47), s. 16

Marginal Citations

M2 1904 c. 24.

25, 26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21 U.K.

Textual Amendments

F21 Ss. 25, 26, 28, 32–35, 37, 38 repealed by Merchant Shipping (Safety Convention) Act 1949 (c. 43), Sch. 3

27 Signalling lamps. U.K.

No British ship registered in the United Kingdom, being a ship of over one hundred and fifty tons gross tonnage, shall proceed to sea on an international voyage, unless the ship is provided with a signalling lamp of a type approved by the Board of Trade, and if any ship proceeds or attempts to proceed to sea in contravention of this section, the owner or master thereof shall for each offence be liable to a fine not exceeding [F22 level 2 on the standard scale].

Textual Amendments

F22 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46; (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G and (N.I.) S.I. 1984/703 (N.I. 3), art. 5

28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23 U.K.

Textual Amendments

F23 Ss. 25, 26, 28, 32–35, 37, 38 repealed by Merchant Shipping (Safety Convention) Act 1949 (c. 43), Sch. 3

29 Method of giving helm orders. U.K.

(1) No person on any British ship registered in the United Kingdom shall when the ship is going ahead give a helm or steering order containing the word “starboard” or “right” or any equivalent of “starboard” or “right”, unless he intends that the head of the ship shall move to the right, or give a helm or steering order containing the word “port” or “left”, or any equivalent of “port” or “left”, unless he intends that the head of the ship shall move to the left.

(2) Any person who contravenes the provisions of this section shall for each offence be liable to a fine not exceeding [F24 level 3 on the standard scale].

Textual Amendments

F24 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46; (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G and (N.I.) S.I. 1984/703 (N.I. 3), art. 5

30 Careful navigation near ice. U.K.

(1) The master of a British ship registered in the United Kingdom, when ice is reported on or near his course, shall at night either proceed at a moderate speed or change his course so as to keep amply clear of the ice reported and of the area of danger.

(2) If the master of any such ship fails to comply with this section, he shall for each offence be liable to a fine not exceeding one hundred pounds.

Modifications etc. (not altering text)

C6 S. 30(2) amended by Merchant Shipping Act 1979 (c. 39, SIF 111), s. 43, Sch. 6 Pt. V and Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 49(1)

[F25 31 Notice of Atlantic routes. U.K.

(1) The owner of any line of passenger steamers crossing the North Atlantic from or to any port in the United Kingdom by regular routes shall give public notice, in such manner as may be directed by the Board of Trade, of the routes which it is proposed that the ships belonging to the line should follow, and of any changes which may be made in those routes.

(2) If the owner of any such line of passenger steamers fails to comply with this section, he shall for each offence be liable to a fine not exceeding [F26 level 2 on the standard scale].]

Textual Amendments

F25 Ss. 1–11, 13–23, 25, 26, 28, 31–39 as they apply to the Isle of Man repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. X

F26 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46; (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G and (N.I.) S.I. 1984/703 (N.I. 3), art. 5

32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27 U.K.

Textual Amendments

F27 Ss. 25, 26, 28, 32–35, 37, 38 repealed by Merchant Shipping (Safety Convention) Act 1949 (c. 43), Sch. 3

Supplemental U.K.

33–35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28 U.K.

Textual Amendments

F28 Ss. 25, 26, 28, 32–35, 37, 38 repealed by Merchant Shipping (Safety Convention) Act 1949 (c. 43), Sch. 3

[F29 36 Application of Part I to British possessions, protectorates and mandated territories. U.K.

(1) His Majesty may by Order in Council direct that the provisions of this Part of this Act and (so far as may appear to His Majesty to be expedient for the purpose of giving effect to the provisions of this Part of this Act) the provisions of any other Act relating to Merchant Shipping, including any enactments for the time being in force amending or substituted for the provisions of this Part of this Act or any other such Act, shall extend, with such exceptions, adaptations or modifications (if any) as may be specified in the Order, to the Isle of Man, any of the Channel Islands and any colony.

(2) The M3 Foreign Jurisdiction Act 1890, shall have effect as if the provisions of this Part of this Act were included among the enactments which, by virtue of section five of that Act, may be extended by Order in Council to foreign countries in which for the time being His Majesty has jurisdiction.

(3) His Majesty may by Order in Council direct—

(a) that any provision of this Part of this Act, which is expressed to apply only to British ships or passenger steamers registered in the United Kingdom, shall apply to British ships or passenger steamers, as the case may be, registered in any country or part of His Majesty’s dominions to which the provisions of this Part of this Act can be extended by virtue of the foregoing provisions of this section;

(b) that any reference in this Part of this Act to a port in the United Kingdom shall be construed as including a reference to a port in any such country or part of His Majesty’s dominions as aforesaid.]

Textual Amendments

F29 Ss. 1–11, 13–23, 25, 26, 28, 31–39 as they apply to the Isle of Man repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. X

Modifications etc. (not altering text)

C7 S. 36 extended by Merchant Shipping (Safety Convention) Act 1949 (c. 43), s. 30 and Post Office Act 1969 (c. 48), s. 3(6)

Marginal Citations

M3 1890 c. 37.

37, 38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30 U.K.

Textual Amendments

F30 Ss. 25, 26, 28, 32–35, 37, 38 repealed by Merchant Shipping (Safety Convention) Act 1949 (c. 43), Sch. 3

39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31 U.K.

Textual Amendments

F31 S. 39 repealed by Statute Law Revision Act 1950 (c. 6)

Part II U.K.

40–61 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32 U.K.

Textual Amendments

F32 Ss. 40–61 repealed by Merchant Shipping (Load Lines) Act 1967 (c. 27), s. 33, Sch. 2

Supplemental. U.K.

62 Amendment of ss. 436 and 454 of the principal Act. U.K.

(1) In subsections (1) and (3) of section four hundred and thirty-six and in subsection (1) of section four hundred and fifty-four of the principal Act the expression “freeboard” shall be substituted for the expression “clear side.”

(2) . . . F33

(3) The following subsection shall be substituted for subsection (5) of the said section four hundred and thirty-six, namely—

“(5) In this section the expression “free-board” means, in the case of any ship which is marked with a deck-line, the height from the water to the upper edge of the deck-line, and, in the case of any other ship, the height amidships from the water to the upper edge of the deck from which the depth of hold as stated in the register is measured.”

Textual Amendments

F33 S. 62(2) repealed by Merchant Shipping (Load Lines) Act 1967 (c. 27), s. 33, Sch. 2.

Modifications etc. (not altering text)

C8 The text of S. 62(1)(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

63–67 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34 U.K.

Textual Amendments

F34 Ss. 63–68, 70–72 repealed by Merchant Shipping (Load Lines) Act 1967 (c. 27), s. 33, Sch. 2

Part III U.K. General

68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35 U.K.

Textual Amendments

F35 Ss. 63–68, 70–72 repealed by Merchant Shipping (Load Lines) Act 1967 (c. 27), s. 33, Sch. 2

69 Notice to be given to Consular officer where proceedings taken in respect of foreign ships. U.K.

Where any foreign ship is detained under this Act, and where any proceedings are taken under this Act against the master or owner of any such ship, notice shall forthwith be served on the Consular officer for the country to which the ship belongs at or nearest to the port where the ship is for the time being, and such notice shall specify the grounds on which the ship has been detained or the proceedings have been taken.

Modifications etc. (not altering text)

C9 S. 69 extended by Merchant Shipping (Safety Convention) Act 1949 (c. 43), s. 35(4) and Merchant Shipping (Load Lines) Act 1967 (c. 27), s. 27(1)

70–72 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36 U.K.

Textual Amendments

F36 Ss. 63–68, 70–72 repealed by Merchant Shipping (Load Lines) Act 1967 (c. 27), s. 33, Sch. 2

73 Interpretation and construction. U.K.

(1) In this Act the following expressions have the meanings hereby respectively assigned to them, that is to say:—

• “Contravention” includes, in relation to any provision, failure to comply with that provision, and the expression “contravenes” shall be construed accordingly;

• “The Merchant Shipping Acts” means the Merchant Shipping Acts 1894 to 1928, and this Act;

• . . . F37

• “The principal Act” means the M4 Merchant Shipping Act 1894.

(2) In this Act references to a ship constructed before or after any date shall be construed as references to a ship the keel of which has been laid before or after that date, as the case may be.

(3) For the purpose of any provision of this Act relating to Safety Convention ships, Safety Convention passenger steamers or Load Line Convention ships not registered in the United Kingdom, a passenger steamer or other ship registered in any of the Channel Islands or in the Isle of Man shall be deemed to be registered in the United Kingdom.

(4) Any references in this Act to any provision of the Merchant Shipping Acts 1894 to 1928, which has been amended by any subsequent Act, including this Act, shall be construed as a reference to that provision as so amended.

Textual Amendments

F37 Definitions repealed by Merchant Shipping (Safety Convention) Act 1949 (c. 43), Sch. 3

Modifications etc. (not altering text)

C10 S. 73(3) extended by Merchant Shipping (Safety Convention) Act 1949 (c. 43), s. 35(4)

Marginal Citations

M4 1894 c. 60.

74 Short title, citation and repeal. U.K.

(1) This Act may be cited as the Merchant Shipping (Safety and Load Line Conventions) Act 1932, and shall be construed as one with the Merchant Shipping Acts 1894 to 1928, and those Acts and this Act may be cited together as the Merchant Shipping Acts 1894 to 1932.

(2) . . . F38

Textual Amendments

F38 S. 74(2) repealed by Statute Law Revision Act 1950 (c. 6)