http://www.legislation.gov.uk/ukpga/1983/13Merchant Shipping Act 1983An Act to make further provision in respect of the registration of small ships and the appointment of registrars at ports.1983-04-11texttext/xmlenStatute Law Database2011-05-271994-03-21
Merchant Shipping Act 19831983 c. 13An Act to make further provision in respect of the registration of small ships and the appointment of registrars at ports.[11th April 1983]Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . <CommentaryRef Ref="c754645"/>1–3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . <CommentaryRef Ref="c754646"/>4 Small ships register. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 Miscellaneous and supplemental. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 Small ships: amendments of Merchant Shipping Acts.91. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11
SCHEDULE1In this Schedule—“registered” and “registration” mean registered under section 5 of this Act or, as the case may be, registration under that section;“regulations” means regulations made under that section; and“specified” means specified in regulations.2Regulations may make provision—afor the persons by whom and the manner in which applications in connection with registration are to be made (including provision limiting the persons who may apply for registration, whether by reference to residence or place of business or otherwise);bfor the information and evidence to be provided in connection with such applications and for such supplementary information or evidence as may be required by any authority specified for the purpose to be so provided;cfor the issue of certificates of registration, their production and surrender;dfor the marking of registered ships;efor the period for which any registration is to remain effective without renewal;ffor the refusal of registration where the name of the ship proposed to be registered appears to any authority specified for the purpose to be undesirable;gfor the termination of registration in specified circumstances (including failure to comply with requirements imposed by or under regulations and circumstances in which any of the requirements applicable to new registrations imposed by or under section 5 of this Act are no longer met);hfor matters arising out of the expiration or termination of registration (including the removal of marks and the cancellation of certificates);ifor the inspection of ships registered or to be registered;jfor the payment of fees in connection with registration or registered ships, being fees determined with the approval of the Treasury;kfor the discharge of functions under the regulations by persons appointed by such organisations as may be authorised in that behalf by the Secretary of State;lexcluding from registration specified classes or descriptions of ships; andmfor any other matters relating to the maintenance of a register of small ships (including its inspection).31Regulations may provide for the creation of offences and their punishment on summary conviction in any of the following cases––awhere a person with intent to deceive uses, or lends to or allows to be used by another, a certificate of registration which has ceased to have effect;bwhere a person for purposes of registration makes a statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular;cwhere a person required by regulations to ensure that any requirement of the regulations as to the marking of a ship is met fails to ensure that that requirement is met;dwhere a person required by regulations to surrender a certificate of registration fails without reasonable excuse to surrender the certificate.2Regulations providing for the creation of an offence by virtue of subparagraph (1)(c) above shall provide that it shall be a defence for a person charged with the offence to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.3Regulations providing for the creation of an offence by virtue of subparagraph (1)(a) or (b) above shall provide for it to be punishable—ain England and Wales and Scotland, with a fine not exceeding level 5 on the standard scale (which has the meaning given by section 75 of the Criminal Justice Act 1982);bin Northern Ireland, with a fine not exceeding level 5 on the standard scale.4Regulations providing for the creation of an offence by virtue of subparagraph (1)(c) or (d) above shall provide for it to be punishable—ain England and Wales and Scotland, with a fine not exceeding level 3 on the standard scale (which has the meaning given by section 75 of the Criminal Justice Act 1982);bin Northern Ireland, with a fine not exceeding level 3 on the standard scale.41Regulations may make different provision for different classes or descriptions of ships and for different circumstances.2Regulations may contain such supplemental and incidental provisions as appear to the Secretary of State to be necessary or expedient.5Regulations may provide for their operation within territorial waters adjacent to the United Kingdom.6No provision of this Schedule is to be taken to prejudice the generality of section 5 of this Act.Act modified by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 47(2)(b), (with s. 58(4), Sch. 8 para. 1) and by S.I. 1989/1991, art. 10Act excluded by S.I. 1989/1991, arts. 11–14Act not in force at Royal Assent see s. 11(3); Act wholly in force at 17. 11. 1983 see S.I. 1983/1435 and 1601.Ss. 1–3 repealed by Merchant Shipping Act 1988 (c. 12, SIF 111), ss. 48, 57(5), Schs. 5, 7, (with s. 58(4), Sch. 8 para. 1)S. 4 repealed by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 57(5), Sch. 7, (with s. 58(4), Sch. 8 para. 1)S. 5 repealed (21.3.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt.1; S.I. 1993/3137, art. 3(1), Sch.1S. 6 repealed by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 57(5), Sch. 7, (with s. 58(4), Sch. 8 para. 1)S. 7 repealed (21.3.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt.1; S.I. 1993/3137, art. 3(1), Sch. 1S. 8 repealed (21.3.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt.1; S.I. 1993/3137, art. 3(1), Sch.1S. 9(1) repealed (21.3.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt.1; S.I. 1993/3137, art. 3(1), Sch.1S. 9(2)(3) repealed (with saving) by Merchant Shipping Act 1984 (c. 5, SIF 111), s. 14(3)(4), Sch. 2S. 10 repealed (21.3.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt. 1; S.I. 1993/3137, art. 3(1), Sch.1S. 11 repealed (21.3.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt.1; S.I. 1993/3137, art. 3(1), Sch.1Sch. repealed (21.3.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt. 1; S.I. 1993/3137, art. 3(1), Sch. 1Sch. para. 2 : for previous exercises of this power see Index to Government Orders.Sch. para. 2: s. 5(1)(8) (with Sch. para. 2(j)) power exercised by S.I.1991/784.1982 c. 48. Words substituted (N.I.) by virtue of S.I. 1984/703 (N.I. 3), art. 51982 c. 48. >Words substituted (N.I.) by virtue of S.I. 1984/703 (N.I. 3), art. 5