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- Original (As enacted)
Version Superseded: 01/06/1995
Point in time view as at 01/05/1994.
There are currently no known outstanding effects for the Merchant Shipping Act 1894, Part III.
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Modifications etc. (not altering text)
Modifications etc. (not altering text)
C2Unreliable margin note
For the purposes of this Part of this Act—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
The expression “passenger steamer” shall mean every British steamship carrying passengers to, from, or between any places in the United Kingdom except steam ferry boats working in chains (commonly called steam bridges) . . . F2
Textual Amendments
F1Definition of “passenger” repealed by Merchant Shipping (Safety Convention) Act 1949 (c. 43), Sch. 3
F2Words repealed by Merchant Shipping Act 1906 (c. 48), Sch. 2
Modifications etc. (not altering text)
C3S. 267 amended by Merchant Shipping Act 1906 (c. 48), s. 13 and Merchant Shipping Act 1964 (c. 47), s. 17(2)
Textual Amendments
F3Ss. 257–266, 268–270 repealed by Merchant Shipping Act 1970 (c. 36), s. 100, Sch. 5
[F4(1)Every passenger steamer which carries more than twelve passengers shall be surveyed once at least in each year in the manner provided in this Part of this Act; and no ship (other than a steam ferry boat working in chains) shall proceed to sea or on any voyage or excursion with more than twelve passengers on board, unless there is in force in respect of the ship a certificate as to survey under this Part of this Act, applicable to the voyage or excursion on which the ship is about to proceed, or that voyage or excursion is one in respect of which [F5the Board of Trade] has exempted the ship from the requirements of this subsection.]
(2)A passenger steamer attempting to ply or go to sea may be detained until such certificate as aforesaid is produced to the proper [F6officer of customs and excise][F7unless the voyage or excursion on which she is about to proceed is one in respect of which she has been exempted as aforesaid.]
[F8(3)If a ship proceeds to sea or on any voyage or excursion when it is prohibited from doing so by subsection (1) of this section, the owner and the master of the ship shall each be guilty of an offence and liable on conviction on indictment to a fine or on summary conviction to a fine not exceeding one thousand pounds.]
Textual Amendments
F4S. 271(1) substituted by Merchant Shipping Act 1964 (c. 47), s. 17(1)
F5Words substituted by virtue of S.I. 1965/145, arts. 2, 3(2), Sch. 1
F6Words substituted by virtue of Customs and Excise Management Act 1979 (c. 2), Sch. 4 para. 1
F7Words inserted by Merchant Shipping Act 1964 (c. 47), s. 17(1)
Modifications etc. (not altering text)
C4S. 271(3) amended by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 49(1)
(1)The owner of every passenger steamer shall cause the same to be surveyed by a [F9ship surveyor] of ships and an engineer surveyor of ships [F10and, in the case of a sea-going passenger steamer required to be provided with a [F11radio installation], by a wireless telegraphy surveyor] the [F9ship surveyor] being, in the case of an iron steamer, a person properly qualified in the opinion of the Board of Trade to survey an iron steamer.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12
(3)–(5) . . . F13
Textual Amendments
F9Words substituted by virtue of Merchant Shipping Act 1906 (c. 48), s. 75(1)
F10Words inserted by Merchant Shipping (Safety and Load Line Conventions) Act 1932 (c. 9), s. 9(1)
F11Words substituted by Merchant Shipping (Safety Convention) Act 1949 (c. 43), s. 35(5)
F12S. 272(2) repealed by S.I. 1981/568, reg. 3
F13S. 272(3)-(5) repealed by Merchant Shipping (Safety Convention) 1949 Act (c. 43), s.13(1), 37, Sch. 3
Modifications etc. (not altering text)
(1)The owner of a steamer surveyed shall within fourteen days after the receipt by him of a declaration of survey transmit it to the Board of Trade.
(2)If an owner fails without reasonable cause so to transmit a declaration of survey, he shall forfeit a sum not exceeding [F1450p] for every day during which the transmission is delayed, and any sum so forfeited shall be payable on the granting of a certificate in addition to the fee, and shall be applied in the same manner as the fee.
Textual Amendments
F14Words substituted by virtue of Decimal Currency Act 1969 (c. 19), s. 10(1)
On the receipt of the declarations of survey, the Board of Trade shall, if satisfied that this Part of this Act has been complied with, issue in duplicate a passenger steamer’s certificate, that is to say, a certificate stating such compliance and stating, according to the declarations—
(a)the limits (if any) beyond which the steamer is not fit to ply; and
(b)the number of passengers which the steamer is fit to carry, distinguishing, if necessary, the number to be carried in each part of the steamer, and any conditions and variations to which the number is subject.
Modifications etc. (not altering text)
C6S. 274 modified by Merchant Shipping (Safety Convention) Act 1949 (c. 43), s. 15
(1)If the owner of a steamer feels aggrieved by the declaration of survey of a [F15ship] or engineer surveyor [F16or wireless telegraphy surveyor] or by the refusal of such a surveyor to give such a declaration, he may appeal to the court of survey for the port or district where the steamer for the time being is, in manner directed by the rules of that court.
(2)On any such appeal the judge of the court of survey shall report to the Board of Trade on the question raised by the appeal and the Board, when satisfied that the requirements of the report and of the foregoing provisions of this Part of this Act have been complied with, may grant a passenger steamer’s certificate.
(3)Subject to any order made by the judge of the court of survey the costs of and incidental to the appeal shall follow the event.
(4)A [F15ship] or engineer surveyor [F16or wireless telegraphy surveyor] in making a survey of a steamer for the purpose of a declaration of survey shall, if the owner of the steamer so requires, be accompanied on the survey by some person appointed by the owner, and in that case, if the surveyor and the person so appointed agree, there shall be no appeal under this section to the court of survey.
Textual Amendments
F15Words substituted by virtue of Merchant Shipping Act 1906 (c. 48), s. 75(1)
F16Words inserted by Merchant Shipping (Safety and Load Line Conventions) Act 1932 (c. 9), s. 9(3)
(1)The Board of Trade shall transmit the passenger steamer’s certificate in duplicate to a superintendent or some other public officer at the port mentioned by the owner of the steamer for the purpose, or at the port where the owner or his agent resides, or where the steamer has been surveyed or is for the time lying.
(2)The Board of Trade shall cause notice of the transmission to be given to the master or owner of his agent, and the officer to whom the certificate has been transmitted shall, on the owner, master, or agent applying and paying the proper fee and other sums (if any) mentioned in this Act as payable in that behalf, deliver to him both copies of the certificate.
(3)In proving the issue of a passenger steamer’s certificate it shall be sufficient to show that the certificate was duly received by the said officer, and that due notice of the transmission was given to the owner, master, or agent.
The grantee of a passenger steamer’s certificate shall pay such fees . . . F17, as the Board of Trade fix.
Textual Amendments
F17Words repealed by Merchant Shipping (Safety Convention) Act 1949 (c. 43), Sch. 3
(1)A passenger steamer’s certificate shall not be in force for more than one year from the date of its issue, or any shorter time specified in the certificate, nor after notice is given by the Board of Trade to the owner, agent, or master of the steamer, that the Board have cancelled it.
(2)If a passenger steamer is absent from the United Kingdom at the time when her certificate expires, a fine shall not be incurred for want of a certificate until she first begins to ply with passengers after her next return to the United Kingdom.
(1)The Board of Trade may cancel a passenger steamer’s certificate where they have reason to believe—
(a)that any declaration of survey on which the certificate was founded has been in any particular made fraudulently or erroneously; or,
(b)that the certificate has been issued upon false or erroneous information; or,
(c)that since the making of the declaration, the hull, equipments, or machinery have sustained any injury, or are otherwise insufficient.
(2)In every such case the Board of Trade may require the owner to have the hull equipment or machinery of the steamer again surveyed, and to transmit further declarations of survey, before they re-issue the certificate or grant a fresh one in lieu thereof.
(1)The Board of Trade may require a passenger steamer’s certificate, which has expired or been cancelled, to be delivered up as they direct.
(2)If any owner or master fails without reasonable cause to comply with such requirement, he shall for each offence be liable to a fine not exceeding [F18[F19£50]][F18level 2 on the standard scale].
Textual Amendments
F18Words “level 2 on the standard scale” substituted (E.W.S.) for “£50” by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G
F19Word substituted by virtue of Merchant Shipping Act 1979 (c. 39), s. 43(1), Sch. 6 Pt. I
Modifications etc. (not altering text)
C7S. 280 modified (1.5.1994) by 1993 c. 22, s. 8(3), Sch. 4 para.16; S.I. 1993/3137, art. 3(2)
(1)The owner or master of every passenger steamer required to have a passenger steamer’s certificate shall forthwith on the receipt of the certificate by him or his agent cause one of the duplicates to be put up in some conspicuous place on board the steamer, so as to be legible to all persons on board, and to be kept so put up and legible while the certificate remains in force, and the steamer is in use.
(2)If the owner or master fails without reasonable cause to comply with this section, he shall for each offence be liable to a fine not exceeding [F20[F21£50]][F20level 2 on the standard scale].
(3)If a passenger steamer plies or goes to sea with passengers on board, and this section is not complied with, then for each offence the owner thereof shall be liable to a fine not exceeding [F22[F23£200]][F22level 4 on the standard scale], and the master shall also be liable to a further fine not exceeding [F22[F23£200]][F22level 4 on the standard scale].
Textual Amendments
F20Words “level 2 on the standard scale” substituted (E.W.S.) for “£50” by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G
F21Word substituted by virtue of Merchant Shipping Act 1979 (c. 39), s. 43(1), Sch. 6 Pt. I
F22Words “level 4 on the standard scale” substituted (E.W.S.) for “£200” by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G
F23Words substituted by virtue of Merchant Shipping (Load Lines) Act 1967 (c. 27, SIF 111), s. 25, Sch. 1 (as amended by Merchant Shipping Act 1979 (c. 39, SIF 111), s. 43, Sch. 6 Pt. VI para. 7)
Modifications etc. (not altering text)
C8S. 281 modified (1.5.1994) by 1993 c. 22, s. 8(3), Sch. 4 para.16; S.I. 1993/3137, art. 3(2)
If any person—
(a)F24. . . wilfully makes, or assists in making, or procures to be made, a false or fraudulent declaration of survey or passenger steamer’s certificate; [F25or
(b)forges, assists in forging, procures to be forged, fraudulently alters, assists in fraudulently altering, or procures to be fraudulently altered, any such declaration or certificate, or anything contained in, or any signature to any such declaration or certificate;]
that person shall in respect of each offence be guilty of a misdemeanor.
Textual Amendments
F24Words in s. 282(a) repealed (1.5.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2)
F25Words repealed (E.W.N.I.) by Forgery and Counterfeiting Act 1981 (c. 45, SIF 39:7), s. 30, Sch. Pt. I
Modifications etc. (not altering text)
C9S. 282(a) modified (1.5.1994) by 1993 c. 22, s. 8(3), Sch. 4 para. 16; S.I. 1993/3137, art. 3(2)
The owner or master of any passenger steamer shall not receive on board thereof, or on or in any part thereof, any number of passengers which, having regard to the time, occasion, and circumstances of the case, is greater than the number allowed by the passenger steamer’s certificate, and if he does so, he shall for each offence be liable [F26on summary conviction to a fine not exceeding £50,0 and on conviction on indictment to a fine].
Textual Amendments
F26Words substituted by virtue of Merchant Shipping (Load Lines) Act 1967 (c. 27, SIF 111), s. 25, Sch. 1 (as amended by Merchant Shipping Act 1979 (c. 39, SIF 111), s. 43, Sch. 6 Pt. VI para. 7)
Modifications etc. (not altering text)
C10S. 283 amended by Merchant Shipping Act 1906 (c. 48), s. 22
Textual Amendments
F27S. 284 repealed (1.5.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2)
Textual Amendments
F28S. 285 repealed (1.5.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2)
Textual Amendments
F29S. 286 repealed (1.5.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2)
(1)If any of the following offences is committed in the case of a passenger steamer for which there is a passenger steamer’s certificate in force; (that is to say,)
(a)If any person being drunk or disorderly has been on that account refused admission thereto by the owner or any person in his employment, and, after having the amount of his fare (if he has paid it) returned or tendered to him, nevertheless persists in attempting to enter the steamer:
(b)If any person being drunk or disorderly on board the steamer is requested by the owner or any person in his employ to leave the steamer at any place in the United Kingdom, at which he can conveniently do so, and, after having the amount of his fare (if he has paid it) returned or tendered to him, does not comply with the request:
(c)If any person on board the steamer, after warning by the master or other officer thereof, molests or continues to molest any passenger:
(d)If any person, after having been refused admission to the steamer by the owner or any person in his employ on account of the steamer being full, and having had the amount of his fare (if he has paid it) returned or tendered to him, nevertheless persists in attempting to enter the steamer:
(e)If any person having gone on board the steamer at any place, and being requested, on account of the steamer being full, by the owner or any person in his employ to leave the steamer, before it has quitted that place, and having had the amount of his fare (if he has paid it) returned or tendered to him, does not comply with that request:
F30(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F30(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(h)If any person on arriving in the steamer at a point to which he has paid his fare knowingly and wilfully refuses or neglects to quit the steamer: and
(i)If any person on board the steamer fails, when requested by the master or other officer thereof, either to pay his fare or exhibit such ticket or other receipt, if any, showing the payment of his fare, as is usually given to persons travelling by and paying their fare for the steamer:
the person so offending shall for each offence be liable to a fine not exceeding [F31[F32£50]][F31level 2 on the standard scale], but that liability shall not prejudice the recovery of any fare payable by him.
(2)If any person on board any such steamer wilfully does or causes to be done anything in such a manner as to obstruct or [F33damage] any part of the machinery or tackle of the steamer, or to obstruct, impede, or molest the crew, or any of them, in the navigation or management of the steamer, or otherwise in the execution of their duty on or about the steamer, he shall for each offence be liable to a fine not exceeding [F31[F32£50]][F31level 2 on the standard scale].
(3)The master or other officer of any such steamer, and all persons called by him to his assistance, may, without any warrant, detain any person who commits any offence against this section and whose name and address are unknown to the master or officer, and [F33deliver that person to a constable]
(4)If any person commits an offence against this section and on the application of the master of the steamer, or any other person in the employ of the owner thereof, refuses to give his name and address, or gives a false name or address, that person shall be liable to a fine not exceeding [F31[F32£50]][F31level 2 on the standard scale][F34and the fine shall be paid to the owner of the steamer.]
Textual Amendments
F30S. 287(1)(f)(g) repealed (1.5.1994) by 1993 c. 22, s. 8(3)(4), Sch. 4 para. 14(a), Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2)
F31Words “level 2 on the standard scale” substituted (E.W.S.) for “£50” by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G
F32Word substituted by virtue of Merchant Shipping Act 1979 (c. 39), s. 43(1), Sch. 6 Pt. I
F33Words in s. 287(2)(3) substituted (1.5.1994) by 1993 c. 22, s. 8(3), Sch. 4 para. 14(b)(c); S.I. 1993/3137, art. 3(2)
F34Words repealed (E.W.) by Justices of the Peace Act 1949 (c. 101), Sch. 7 Pt. III
The master of any home trade passenger steamer may refuse to receive on board thereof any person who by reason of drunkenness or otherwise is in such a state, or misconducts himself in such a manner, as to cause annoyance or injury to passengers on board, and if any such person is on board, may put him on shore at any convenient place; and a person so refused admittance or put on shore shall not be entitled to the return of any fare he has paid.
Textual Amendments
F35Ss. 289–355, 357, 358, 359(2), 360(1)(2) repealed by Merchant Shipping Act 1970 (c. 36), s. 100, Sch. 5
Textual Amendments
F36S. 356 repealed (1.5.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2)
Textual Amendments
F37Ss. 289–355, 357, 358, 359(2), 360(1)(2) repealed by Merchant Shipping Act 1970 (c. 36), s. 100, Sch. 5
Textual Amendments
F38S. 359 repealed (1.5.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2)
(1), (2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40
Textual Amendments
F39Ss. 289–355, 357, 358, 359(2), 360(1)(2) repealed by Merchant Shipping Act 1970 (c. 36), s. 100, Sch. 5
F40S.360(3) repealed by Merchant Shipping Act 1979 (c. 39), Sch. 7 Pt. II
Textual Amendments
Where a foreign ship is a passenger steamer . . . F42 within the meaning of this Part of this Act, and the Board of Trade are satisfied, by the production of a foreign certificate of survey attested by a British consular officer at a port out of Her Majesty’s dominions, that the ship has been officially surveyed at that port, and are satisfied that any requirements of this Act are proved by that survey to have been substantially complied with, the Board may, if they think fit, dispense with any further survey of the ship in respect of any requirement so complied with, and grant or direct one of their officers to grant a certificate, which shall have the same effect as if given upon survey under this Part of this Act:
Provided that Her Majesty in Council may order that this section shall not apply in the case of an official survey at any port at which it appears to Her Majesty that corresponding advantages are not extended to British ships.
Textual Amendments
F42Words repealed by Merchant Shipping Act 1970 (c. 36), s. 100, Sch. 5
Textual Amendments
Textual Amendments
F44S. 366 repealed (1.5.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2)
Textual Amendments
F45S. 367 repealed (1.5.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2)
Textual Amendments
Textual Amendments
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