Merchant Shipping Act 1894

Detention of Ship and Distress on Ship U.K.

692 Enforcing detention of ship. U.K.

(1) Where under this Act a ship is to be or may be detained, any commissioned officer on full pay in the naval or military service of Her Majesty, or any officer of the Board of Trade, or any [F1 officer of customs and excise], or any British consular officer may detain the ship, and if the ship after detention or after service on the master of any notice of or order for detention proceeds to sea before it is released by competent authority, the master of the ship, and also the owner, and any person who sends the ship to sea, if that owner or person is party or privy to the offence, shall be [F2 liable on conviction on indictment to a fine and on summary conviction to a fine not exceeding fifty thousand pounds.].

(2) Where a ship so proceeding to sea takes to sea when on board thereof in the execution of his duty any officer authorised to detain the ship, or any surveyor or officer of the Board of Trade or any [F1 officer of customs and excise], the owner and master of the ship shall each be liable to pay all expenses of and incidental to the officer or surveyor being so taken to sea, and also [F3 on conviction on indictment to a fine or on summary conviction to a fine not exceeding one thousand pounds.]

(3) Where under this Act a ship is to be detained, an [F1 officer of customs and excise] shall, and where under this Act a ship may be detained an [F1 officer of customs and excise] may, refuse to clear that ship outwards or to grant a transire to that ship.

(4) Where any provision of this Act provides that a ship may be detained until any document is produced to the proper [F1 officer of customs and excise], the proper officer shall mean, unless the context otherwise requires, the officer able to grant a clearance or transire to such ship.

[F4 X1 (5) In its application to the Isle of Man, this section shall have effect as if for any reference to an officer of customs there were substituted a reference to an officer of the Isle of Man Harbour Board.]

[F5 X1 (5) Any reference in this section to proceeding to sea includes a reference to going on a voyage or excursion that does not involve going to sea, and references to sending or taking to sea shall be construed accordingly.]

Editorial Information

X1 S. 692(5) commencing “In its application” inserted at the end of S. 692 by S.I. 1980/399, Sch. Pt. I para. 9 and another S. 692(5) commencing “Any reference” added by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 57(4), Sch. 6 (with s. 58(4), Sch. 8 para. 1)

Textual Amendments

F1 Words substituted by virtue of Customs and Excise Management Act 1979 (c. 2), Sch. 4 para. 1

F2 Words substituted by Merchant Shipping Act 1979 (c. 39), Sch. 6 Pt. VII para. 10

F3 Words substituted by Merchant Shipping Act 1979 (c. 39), Sch. 6 Pt. VII para. 11

F4 S. 692(5) inserted by S.I. 1980/399, Sch. Pt. I para. 9

F5 S. 692(5) added by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 57(4), Sch. 6 (with s. 58(4), Sch. 8 para. 1)

Modifications etc. (not altering text)

C1 Power to modify s. 692 conferred by Merchant Shipping Act 1979 (c. 39), s. 21(6)(a)

C2 S. 692 extended (with modifications) by S.I. 1983/708, regs. 2, 6

C3 S. 692 modified by S.I. 1980/529, reg. 30, 1980/538, reg. 54, 1981/572, reg. 81, 1981/573, reg. 9, 1981/583, reg. 8, 1981/1729, reg. 17, 1981/1747, reg. 15, 1982/1699, regs. 3, 12(4), 1983/808, regs. 3, 14, 1983/1398, regs. 2(1)(2), 33(1)(2), 1984/408, regs. 3, 14, 1984/1203, regs. 2(4), 47, 1984/1216, regs. 1(3), 87, 1984/1217, regs. 1(3)(a), 65, 1984/1218, regs. 1(4), 147, 1985/1217, regs. 2, 9, 1985/1218, regs. 1, 76, 1985/1664, regs. 3, 15

C4 S. 692 applied by Aviation and Maritime Security Act 1990 (c.31, SIF 39:2), s. 35(4)

C5 S. 692 applied with modifications by S.I. 1989/100, reg. 14, 1989/1798, reg. 6

C6 S. 692(1)–(3) applied with modifications by S.I. 1986/144, reg. 13, 1986/1066, reg. 29, 1986/1068, reg. 11, 1986/1073, reg. 11, 1987/549, reg. 11, 1987/550, reg. 11, 1987/551, reg. 30, 1988/38, reg. 7, 1988/1547, reg. 12, 1988/1636, reg. 9, 1988/1637, reg. 15, 1988/1638, reg. 12, 1988/1639, reg. 15, 1988/1641, reg. 16, 1988/1716, reg. 11, 1989/102, reg. 10, 1990/660, reg. 8, 1990/2605, reg. 18(1)

C7 S. 692(1) applied with modifications by Prevention of Oil Pollution Act 1971 (c.60, SIF 111), s. 19A(2) (as inserted by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 148(1), Sch. 14 para. 3)

C8 S. 692(2) amended by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 49(1)

C9 S. 692(2) applied with modifications by Prevention of Oil Pollution Act 1971 (c. 60, SIF 111), s. 19A(2) (as inserted by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 148(1), Sch. 14 para. 3)

C10 S. 692(5) modifed by S.I 1988/1636, reg. 9, 1988/1637, reg. 15, 1988/1638, reg. 12, 1988/1639, reg. 15, 1988/1641, reg. 16

693 Sums ordered to be paid leviable by distress on ship. U.K.

Where any court, justice of the peace, or other magistrate, has power to make an order directing payment to be made of any seaman’s wages, fines, or other sums of money, then, if the party so directed to pay the same is the master or owner of a ship, and the same is not paid at the time and in manner prescribed in the order, the court, justice of the peace, or magistrate who made the order may, in addition to any other powers they may have for the purpose of compelling payment, direct the amount remaining unpaid to be levied by distress or [F6 poinding][F6 arrestment]and sale of the ship, her tackle, furniture, and apparel.

Textual Amendments

F6 Word “arrestment” substituted (S.) for word “poinding” by Debtors (Scotland) Act 1987 (c. 18, SIF 45:2), s. 108(1), Sch. 6 para. 10 (with Sch. 7 para. 5)