Merchant Shipping Act 1995
Merchant Shipping Act 1995 (1995 c. 21)
- Merchant Shipping Act 1995 (1995 c. 21)
- PART I BRITISH SHIPS
- 1 British ships and United Kingdom ships.
- 2 British flag.
- 3 Offences relating to British character of ship.
- 4 Penalty for carrying improper colours.
- 5 Duty to show British flag.
- 6 Duty to declare national character of ship.
- 7 Proceedings on forfeiture of a ship.
- Part II Registration
- General
- 8 Central register of British ships.
- 9 Registration of ships: basic provisions.
- 10 Registration regulations.
- 11 Tonnage ascertained for registration to be tonnage of ship.
- 12 Tonnage of ships of foreign countries adopting tonnage regulations.
- 13 Status of certificate of registration.
- 14 Offences relating to a ship’s British connection.
- 15 Supplementary provisions as respects fishing vessels.
- 16 Private law provisions for registered ships and liability as owner.
- Ships on bareboat charter
- 17 Ships bareboat chartered-in by British charterers.
- Supplemental
- 18 Regulation of registration in British possessions by reference to categories of registries.
- 19 Tonnage regulations.
- 20 Proceedings on forfeiture of ship.
- 21 Disclosure of information relating to registration by other government departments.
- 22 Forgery of documents: Scotland.
- 23 Interpretation.
- Part III Masters and Seamen
- Application of Part
- 24 Application of this Part.
- Engagement and discharge of crews
- 25 Crew agreements.
- 26 Regulations relating to crew agreements.
- 27 Discharge of seamen.
- 28 Seamen left behind abroad otherwise than on discharge.
- 29 Discharge of seamen when ship ceases to be registered in United Kingdom.
- Wages etc.
- 30 Payment of seamen’s wages.
- 31 Account of seaman’s wages.
- 32 Regulations relating to wages and accounts.
- 33 Power of superintendent or proper officer to decide disputes about wages.
- 34 Restriction on assignment of and charge upon wages.
- 35 Power of court to award interest on wages due otherwise than under crew agreement.
- 36 Allotment notes.
- 37 Right of person named in allotment to sue in own name.
- 38 Right, or loss of right, to wages in certain circumstances.
- 39 Protection of certain rights and remedies.
- 40 Claims against seaman’s wages for maintenance, etc. of dependants.
- 41 Remedies of master for remuneration, disbursements and liabilities.
- Safety, health and welfare
- 42 Obligation of shipowners as to seaworthiness.
- 43 Crew accommodation.
- 44 Complaints about provisions or water.
- 45 Expenses of medical and other treatment during voyage.
- Manning, qualifications, training and uniform
- 46 Application of sections 47 to 51.
- 47 Manning.
- 48 Power to exempt from manning requirements.
- 49 Prohibition of going to sea undermanned.
- 50 Production of certificates and other documents of qualification.
- 51 Crew’s knowledge of English.
- 52 Unqualified persons going to sea as qualified officers or seamen.
- 53 Medical treatment on board ship.
- 54 Special certificates of competence.
- 55 Young persons.
- 56 Financial assistance for training.
- 57 Uniform.
- Offences by seamen, etc
- 58 Conduct endangering ships, structures or individuals.
- 59 Concerted disobedience and neglect of duty.
- Disciplinary offences
- 60 Breaches by seamen of codes of conduct.
- Disqualification of seamen and inquiries
- 61 Inquiry into fitness or conduct of officer.
- 62 Disqualification of holder of certificate other than officer’s.
- 63 Inquiry into fitness or conduct of seaman other than officer.
- 64 Re-hearing of and appeal from inquiries.
- 65 Rules as to inquiries and appeals.
- 66 Failure to deliver cancelled or suspended certificate.
- 67 Power to restore certificate.
- 68 Power to summon witness to inquiry into fitness or conduct of officer or other seaman.
- 69 Procedure where inquiry into fitness or conduct of officer or other seaman is held by sheriff.
- Civil liability of seamen for offences
- 70 Civil liability for absence without leave.
- 71 Civil liability for smuggling.
- 72 Civil liability for fines imposed under immigration laws.
- Relief and repatriation and relief costs
- 73 Relief and return of seamen etc. left behind and shipwrecked.
- 74 Limit of employer’s liability under section 73.
- 75 Recovery of expenses incurred for relief and return, etc.
- 76 Financial assistance in respect of crew relief costs.
- Documentation
- 77 Official log books.
- 78 Lists of crew.
- 79 British seamen’s cards.
- 80 Discharge books.
- 81 Handing over of documents by master.
- Merchant Navy Reserve
- 82 Maintenance of Merchant Navy Reserve.
- 83 Supplementary provisions as respects the Reserve.
- Interpretation
- 84 Interpretation.
- Part 3A International agreements relating to maritime employment
- 84A International agreements relating to maritime employment
- 84B Regulations under section 84A: supplementary
- Part IV Safety
- Safety and Health on Ships
- 85 Safety and health on ships.
- 86 Provisions supplementary to section 85: general.
- 87 Provisions supplementary to section 85: dangerous goods.
- 88 Safety of submersible and supporting apparatus.
- Special provisions
- 89 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 90 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Assistance at sea
- 92 Duty of ship to assist the other in case of collision.
- 93 Duty to assist aircraft in distress.
- Unsafe ships
- 94 Meaning of “dangerously unsafe ship”.
- 95 Power to detain dangerously unsafe ship.
- 96 References of detention notices to arbitration.
- 97 Compensation in connection with invalid detention of ship.
- 98 Owner and master liable in respect of dangerously unsafe ship.
- 99 Use of unsafe lighters, etc.
- 100 Owner liable for unsafe operation of ship.
- Temporary exclusion zones
- 100A Power to establish temporary exclusion zones.
- 100B Temporary exclusion zones: offences
- Power to require ships to be moved
- 100C Power to require ships to be moved.
- 100D Offences in relation to section 100C.
- 100E Service of directions under section 100C.
- 100F Requirements to be met by ships in respect of which trans-shipment licences in force.
- 100G Failure to comply with prescribed standards in respect of ship in respect of which trans-shipment licence is in force.
- Control of, and returns as to, persons on ships
- 101 Offences in connection with passenger ships.
- 102 Power to exclude drunken passengers from certain passenger ships.
- 103 Stowaways.
- 104 Unauthorised presence on board ship.
- 105 Master’s power of arrest.
- 106 Unauthorised persons: offences relating to safety.
- 107 Return to be furnished by masters of ships as to passengers.
- 108 Returns of births and deaths in ships, etc.
- 108A Safety directions
- Part V Fishing Vessels
- Chapter I Skipper and Seamen
- Engagement and discharge of crews
- 109 Regulations relating to crew agreements.
- Wages
- 110 Payments of seamen’s wages.
- 111 Regulations relating to wages: deductions.
- 112 Accounts of wages and catch.
- 113 Restriction on assignment of and charge upon wages.
- 114 Right, or loss of right, to wages in certain circumstances.
- Safety, health and welfare
- 115 Hours of work.
- Manning and qualifications
- 116 Production of crew certificates and other documents of qualification.
- Offences by seamen
- 117 Drunkenness on duty.
- 118 Unauthorised liquor.
- 119 Disciplinary offences.
- Exemptions
- 120 Power to grant exemptions from this Chapter.
- Chapter II Safety
- 121 Fishing vessel construction rules.
- 122 Fishing vessel survey rules.
- 123 Fishing vessel certificates.
- 124 Provisions supplementary to section 123.
- 125 Prohibition on going to sea without appropriate certificate.
- 126 Notice of alterations.
- Training
- 127 Training in safety matters.
- Part VI Prevention of Pollution
- Chapter I Pollution Generally
- 128 Prevention of pollution from ships etc.
- 129 Further provision for prevention of pollution from ships.
- 130 Regulation of transfers between ships in territorial waters.
- Chapter IA Waste reception facilities at harbours
- 130A General.
- 130B Waste management plans.
- 130C Charges for and use of waste reception facilities.
- 130D Supplementary.
- 130E Interpretation of Chapter IA.
- Chapter II Oil Pollution
- General provisions for preventing pollution
- 131 Discharge of oil from ships into certain United Kingdom waters.
- 132 Defences of owner or master charged with offence under section 131.
- 133 Defences of occupier charged with offence under section 131
- 134 Protection for acts done in exercise of certain powers of harbour authorities, etc.
- 135 Restrictions on transfer of oil at night.
- 136 Duty to report discharge of oil into waters of harbours.
- 136A Discharges etc. authorised under other enactments.
- Shipping casualties
- 137 Shipping casualties.
- 138 Right to recover in respect of unreasonable loss or damage.
- 138A Application of sections 137 and 138 to pollution by substances other than oil.
- 139 Offences in relation to section 137.
- 140 Service of directions under section 137.
- 141 Application of sections 137 to 140 to certain foreign and other ships.
- Enforcement
- 142 Oil records.
- 143 Prosecutions and enforcement of fines.
- 144 Power to detain ships for section 131 offences.
- 145 Interpretation of section 144
- 146 Enforcement and application of fines.
- 147 Enforcement of Conventions relating to oil pollution.
- Miscellaneous and supplementary
- 148 Power of Secretary of State to grant exemptions.
- 149 Application to Government ships.
- 150 Annual Report.
- 151 Interpretation.
- Chapter III Liability for Oil Pollution
- Preliminary
- 152 Meaning of “the Bunkers Convention”, “the Liability Convention” and related expressions.
- Liability
- 153 Liability for oil pollution in case of tankers.
- 153A Liability for pollution by bunker oil
- 154 Liability for oil pollution in other cases.
- 155 Exceptions from liability under sections 153 , 153A and 154.
- 156 Restriction of liability for pollution from oil or bunker oil.
- 156A Liability under section 153, 153A or 154: supplementary provisions
- Limitation of liability under section 153
- 157 Limitation of liability under section 153.
- 158 Limitation actions.
- 159 Restriction on enforcement after establishment of limitation fund.
- 160 Concurrent liabilities of owners and others.
- 161 Establishment of limitation fund outside United Kingdom.
- Limitation period for claims under this Chapter
- 162 Extinguishment of claims.
- Compulsory insurance
- 163 Compulsory insurance against liability for pollution.
- 163A Compulsory insurance against liability for pollution from bunker oil
- 164 Issue of certificate by Secretary of State.
- 165 Rights of third parties against insurers.
- Supplementary
- 166 Jurisdiction of United Kingdom courts and registration of foreign judgments.
- 167 Government ships.
- 168 Limitation of liability under section 153A or 154.
- 169 Saving for recourse actions.
- 170 Interpretation.
- 171 Transitory text of this Chapter and power to make transitional provisions.
- Chapter IV International Oil Pollution
- Preliminary
- 172 Meaning of the “Liability Convention”, “the Fund Convention” and related expressions.
- Contributions to Fund
- 173 Contributions by importers of oil and others.
- 174 Power to obtain information.
- Compensation for persons suffering pollution damage
- 175 Liability of the Fund.
- 176 Limitation of Fund’s liability under section 175.
- 176A Liability of the Supplementary Fund
- 176B Limitation of the Supplementary Fund’s liability under section 176A
- Supplemental
- 177 Jurisdiction and effect of judgments.
- 179 Subrogation.
- 180 Supplementary provisions as to proceedings involving the Fund.
- 181 Interpretation.
- 182 Transitory text of this Chapter and power to make transitional provisions.
- Chapter V Carriage of hazardous and noxious substances
- 182A Introductory.
- 182B Power to give effect to Convention.
- 182C Power of Secretary of State to make orders.
- Part VII Liability of Shipowners and Others
- Carriage of passengers and luggage by sea
- 183 Scheduled convention to have force of law.
- 184 Application of Schedule 6 to carriage within British Islands.
- Limitation of liability of shipowners, etc and salvors for maritime claims
- 185 Limitation of liability for maritime claims.
- 186 Exclusion of liability.
- Multiple fault; apportionment, liability and contribution
- 187 Damage or loss: apportionment of liability.
- 188 Loss of life or personal injuries: joint and several liability.
- 189 Loss of life or personal injuries: right of contribution.
- Time limit for proceedings against owners or ship
- 190 Time limit for proceedings against owners or ship.
- Limitation of liability of harbour, conservancy, dock and canal authorities
- 191 Limitation of liability.
- Application to Crown and its ships
- 192 Application to Crown and its ships.
- Regulations requiring insurance or security
- 192A Compulsory insurance or security
- Part VIII Lighthouses
- Lighthouse authorities
- 193 General and local lighthouse authorities.
- Information to Secretary of State
- 194 Returns and information to Secretary of State.
- Functions of general lighthouse authorities
- 195 General function of management of lighthouses, etc.
- 196 Joint discharge of functions.
- 197 General powers of general lighthouse authority.
- 197A General lighthouse authorities: commercial activities
- 198 Inspection of local lighthouses.
- 199 Control of local lighthouse authorities.
- Inspections by Secretary of State
- 200 Powers of inspection by Secretary of State.
- Powers of harbour authorities as local lighthouse authorities
- 201 Powers of harbour authorities.
- Transfers between general and local lighthouse authorities
- 202 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 203 Individual transfers of local lighthouses to harbour authorities.
- 204 Surrender of local lighthouses.
- General light dues
- 205 Light dues leviable by general lighthouse authorities.
- 206 Information to determine light dues.
- 207 Recovery of general light dues.
- 208 Distress on ship for general light dues.
- 209 Receipt for general light dues and its production.
- Local light dues
- 210 Light dues leviable by local lighthouse authorities.
- Financial and administrative provisions
- 211 General Lighthouse Fund: expenses and receipts.
- 212 Establishments of general lighthouse authorities.
- 213 Estimates or accounts of expenses to Secretary of State.
- 214 Pension rights of certain employees.
- 215 Borrowing powers of general lighthouse authorities.
- 216 Limit on borrowings under section 215.
- 217 Guarantees by Secretary of State.
- 218 Accounts of general lighthouse authorities.
- Offences in connection with lighthouses, buoys, beacons, etc.
- 219 Damage etc. to lighthouses etc.
- 220 Prevention of false lights.
- Exemptions from taxes, duties, etc
- 221 Exemption from taxes, duties, rates etc.
- 222 Exemption from harbour dues.
- 222A Disclosure of information to general lighthouse authorities.
- Supplemental
- 223 Interpretation, etc.
- Part IX Salvage and Wreck
- Chapter 1 Salvage
- 224 Salvage Convention 1989 to have force of law.
- 225 Valuation of property by receiver.
- 226 Detention of property liable for salvage by receiver.
- 227 Sale of detained property by receiver.
- 228 Apportionment of salvage under £5,000 by the receiver.
- 229 Apportionment of salvage by the court.
- 230 Salvage claims against the Crown and Crown rights of salvage and regulation thereof.
- Chapter II Wreck
- Vessels in distress
- 231 Application of, and discharge of functions under, sections 232, 233 234 and 235.
- 232 Duty of receiver where vessel in distress.
- 233 Powers of receiver in case of vessel in distress.
- 234 Power to pass over adjoining land.
- 235 Liability for damage in case of plundered vessel.
- Dealing with wreck
- 236 Duties of finder etc of wreck.
- 237 Provisions as respects cargo, etc.
- 238 Receiver to give notice of wreck.
- 239 Claims of owners to wreck.
- 240 Immediate sale of wreck in certain cases.
- Unclaimed wreck
- 241 Right of Crown to unclaimed wreck.
- 242 Notice of unclaimed wreck to be given to persons entitled.
- 243 Disposal of unclaimed wreck.
- 244 Effect of delivery of wreck etc under this Part.
- Offences in respect of wreck
- 245 Taking wreck to foreign port.
- 246 Interfering with wrecked vessel or wreck.
- 247 Powers of entry etc.
- Chapter III Supplemental
- Administration
- 248 Functions of Secretary of State as to wreck.
- 249 Expenses and fees of receivers.
- Coastguard services
- 250 Remuneration for services of coastguard.
- Release from customs and excise control
- 251 Release of goods from customs and excise control.
- Removal of wrecks
- 252 Powers of harbour and conservancy authorities in relation to wrecks.
- 253 Powers of lighthouse authorities in relation to wrecks.
- 254 Referral of questions as to powers between authorities.
- Interpretation
- 255 Interpretation.
- Part 9A Wreck Removal Convention
- Preliminary
- 255A “The Wrecks Convention”
- Reporting, marking and removing
- 255B Wreck reports
- 255C Locating and marking wrecks
- 255D Removal by registered owner
- 255E Imposition of conditions about removal
- 255F Removal in default
- 255G Liability for costs
- 255H Limitation period
- 255I Expenses of general lighthouse authorities
- Insurance
- 255J Wreck removal insurance
- 255K Failure to insure
- 255L Detention of ships
- 255M Production of certificates
- 255N Issue of certificates
- 255O Cancellation of certificates
- 255P Third parties' rights against insurers
- 255Q Electronic certificates
- Supplemental
- 255R Interpretation etc.
- 255S Government ships
- 255T Saving
- 255U Power to amend
- Part X Enforcement Officers and Powers
- Enforcement Officers
- 256 Appointment of inspectors and surveyors.
- 256A Scottish officers
- Inspection etc powers
- 257 Powers to require production of ships documents.
- 258 Powers to inspect ships and their equipment, etc.
- 259 Powers of inspectors in relation to premises and ships.
- 260 Provisions supplementary to section 259.
- Improvement notices and prohibition notices
- 261 Improvement notices.
- 262 Prohibition notices.
- 263 Provisions supplementary to sections 261 and 262.
- 264 References of notices to arbitration.
- 265 Compensation in connection with invalid prohibition notices.
- 266 Offences.
- Part XI Accident Investigations and Inquiries
- Marine accident investigations
- 267 Investigation of marine accidents.
- 268 Formal investigation into marine accidents.
- 269 Re-hearing of and appeal from investigations.
- 270 Rules as to investigations and appeals.
- Inquiries into and reports on deaths and injuries
- 271 Inquiries into deaths of crew members and others.
- 272 Reports of and inquiries into injuries.
- 273 Transmission of particulars of certain deaths on ships.
- Part XII Legal Proceedings
- Prosecution of offences
- 274 Time limit for summary offences.
- 275 Time limit for summary orders.
- 276 Summary offences: Scotland.
- 277 Offences by officers of bodies corporate.
- 277A Accessories and abettors
- 278 Offences by partners, etc. in Scotland.
- Jurisdiction
- 279 Jurisdiction in relation to offences.
- 280 Jurisdiction over ships lying off coasts.
- 281 Jurisdiction in case of offences on board ship.
- 282 Offences committed by British seamen.
- Return of offenders
- 283 Return of offenders.
- Detention of ship and distress on ship
- 284 Enforcing detention of ship.
- 285 Sums ordered to be paid leviable by distress on the ship.
- Special evidential provisions
- 286 Depositions of persons abroad admissible.
- 287 Admissibility in evidence and inspection of certain documents.
- 288 Admissibility of documents in evidence.
- 289 Inspection and admissibility in evidence of copies of certain documents.
- 290 Proof, etc of exemptions.
- Service of documents
- 291 Service of documents.
- Part XIII Supplemental
- Administration
- 292 General functions of Secretary of State.
- 293 Functions of Secretary of State in relation to marine pollution.
- 294 General power to dispense.
- 295 Registrar General of Shipping and Seamen.
- 296 Mercantile marine superintendents.
- 297 Wreck commissioners, etc.
- 298 Transmission of documents to Registrar General.
- 299 Returns, etc to Secretary of State.
- 300 Forms.
- 301 Advisory committees.
- Financial Provisions
- 302 Fees.
- 302A Funding of maritime services.
- 303 Expenses of Commissioners of Customs and Excise.
- 304 Expenses charged on money provided by Parliament.
- 305 Payments to be made into Consolidated Fund.
- Subordinate Legislation
- 306 Regulations, rules and orders, etc.
- 306A Power to make ambulatory references to international instruments
- Application of Act to certain descriptions of ships, etc.
- 307 Application of Act to non-United Kingdom ships.
- 308 Application of Act to government ships.
- 309 Application of Act to ships chartered by demise to the Crown.
- 310 Application of Act to hovercraft.
- 311 Application of Act to certain structures, etc.
- Special provisions for Scots law
- 312 Special provisions for Scots law.
- Final provisions
- 313 Definitions.
- 313A Meaning of “qualifying foreign ship”.
- 314 Repeals, consequential amendments and transitional provisions.
- 315 Extent and application.
- 316 Short title and commencement.
- SCHEDULES
- SCHEDULE 1 Private Law Provisions for registered ships
- General
- Transfers etc of registered ships
- Mortgages of registered ships
- Priority of registered mortgages
- Registered mortgagee’s power of sale
- Protection of registered mortgagees
- Transfer of registered mortgage
- Transmission of registered mortgage by operation of law
- Discharge of registered mortgage
- Definitions
- SCHEDULE 2 Regulations Relating to Submersible and Supporting Apparatus
- Registration of submersible apparatus
- Offences
- Exemptions from regulations
- General
- Ships to which Schedule applies
- Load Line rules
- United Kingdom ships Compliance with load line rules
- Submersion of load lines
- Miscellaneous offences in relation to marks
- Issue of load line certificates
- Effect of load line certificate
- Duration, endorsement and cancellation of load line certificates
- Ships not to proceed to sea without load line certificate
- Publication of load line certificate and entry of particulars in official log book
- Inspection of ships
- Non-United Kingdom ships Valid Convention certificates
- Compliance with load line rules
- Submersion of load lines
- United Kingdom load line certificates
- Production of certificate to customs and excise officer
- Provisions as to inspection
- Exemptions Power to make exemption orders
- Further powers to exempt ships
- Issue of exemption certificates
- Duration and termination of exemptions, and duration, endorsement and cancellation of exemption certificates
- International Load Line Exemption Certificates
- Subdivision load lines and deck cargo Subdivision load lines
- Deck cargo
- Miscellaneous provisions Notice to consular officer of proceedings against foreign ships
- Delivery up of certificates
- Penalty for false statements etc.
- Admissibility of certificates in evidence
- Convention countries
- Orders, rules and regulations
- Interpretation
- SCHEDULE 3A Safety Directions
- Direction following accident: person in control of ship
- Direction following accident: person in control of land
- Other direction
- Action in lieu of direction
- Enforcement
- Enforcement
- Enforcement
- Enforcement
- Enforcement
- Variation and revocation
- Procedure
- Procedure
- Procedure
- Unreasonable loss and damage
- Expenses
- Jurisdiction
- Ships to which Schedule applies
- Ships to which Schedule applies
- Ships to which Schedule applies
- Ships to which Schedule applies
- Ships to which Schedule applies
- Interpretation
- Savings
- Savings
- SCHEDULE 4 Prevention of Oil Pollution: Transitory Provisions
- Chapter III Liability for Oil Pollution
- Liability
- Liability for oil pollution in case of tankers.
- Liability for oil pollution in case of other ships.
- Exceptions from liability under section 153.
- Exceptions from liability under section 154.
- Restriction of liability for oil pollution.
- Restriction of liability for oil pollution from ship within section 154.
- Limitation of liability
- Limitation of liability under section 153.
- Limitation actions.
- Restriction on enforcement after establishment of limitation fund.
- Concurrent liabilities of owners and others.
- Establishment of limitation fund outside United Kingdom.
- Extinguishment of claims.
- Compulsory insurance
- Compulsory insurance against liability for pollution.
- Issue of certificate by Secretary of State.
- Rights of third parties against insurers.
- Supplementary
- Jurisdiction of United Kingdom courts and registration of foreign judgments.
- Government ships.
- Limitation of liability under section 154.
- Saving for recourse actions.
- Interpretation.
- Chapter IV International Oil Pollution
- Preliminary
- Meaning of “Liability Convention”, “the Fund Convention” and related expressions.
- Contributions to Fund
- Contributions by importers of oil and others.
- Power to obtain information.
- Compensation for persons suffering pollution damage
- Liability of the Fund.
- Limitation of Fund’s liability under section 175.
- Indemnification of shipowners
- Indemnification where damage is caused by ship registered in Fund Convention country.
- Supplemental
- Jurisdiction and effect of judgments.
- Extinguishment of claims.
- Subrogation.
- Interpretation.
- SCHEDULE 5 Overall Limit on Liability of Fund
- Part I Permanent provision
- Article 4 — paragraphs 4 and 5
- Part II Transitory Provision
- Article 4 — paragraphs 4, 5 and 6
- SCHEDULE 5ZA SUPPLEMENTARY FUND LIABILITY
- Article 4—paragraphs 1, 2 and 3
- Article 13—paragraph 1
- Article 15—paragraphs 1, 2 and 3
- Text of International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea
- Chapter I GENERAL PROVISIONS
- Definitions
- Article 1
- Annexes
- Article 2
- Scope of application
- Article 3
- Article 4
- Article 5
- Duties of State Parties
- Article 6
- Chapter II LIABILITY
- Liability of the owner
- Article 7
- Incidents involving two or more ships
- Article 8
- Limitation of liability
- Article 9
- Article 10
- Death and injury
- Article 11
- Compulsory insurance of the owner
- Article 12
- Chapter III COMPENSATION BY THE INTERNATIONAL HAZARDOUS AND NOXIOUS SUBSTANCES FUND (HNS FUND)
- Establishment of the HNS Fund
- Article 13
- Compensation
- Article 14
- Related tasks of the HNS Fund
- Article 15
- General provisions on contributions
- Article 16
- General provisions on annual contributions
- Article 17
- Annual contributions to the general account
- Article 18
- Annual contributions to separate accounts
- Article 19
- Initial contributions
- Article 20
- Reports
- Article 21
- Non-payment of contributions
- Article 22
- Optional liability of States Parties for the payment of contributions
- Article 23
- Organization and administration
- Article 24
- Assembly
- Article 25
- Article 26
- Article 27
- Article 28
- Secretariat
- Article 29
- Article 30
- Article 31
- Finances
- Article 32
- Voting
- Article 33
- Article 34
- Tax exemptions and currency regulations
- Article 35
- Confidentiality of information
- Article 36
- Chapter IV CLAIMS AND ACTIONS
- Limitation of actions
- Article 37
- Jurisdiction in respect of action against the owner
- Article 38
- Jurisdiction in respect of action against the HNS Fund or taken by the HNS Fund
- Article 39
- Recognition and enforcement
- Article 40
- Subrogation and recourse
- Article 41
- Supersession clause
- Article 42
- Chapter V TRANSITIONAL PROVISIONS
- Information on contributing cargo
- Article 43
- First session of the Assembly
- Article 44
- Chapter VI FINAL CLAUSES
- Signature, ratification, acceptance, approval and accession
- Article 45
- Entry into force
- Article 46
- Revision and amendment
- Article 47
- Amendment of limits
- Article 48
- Article 49
- Extraordinary sessions of the Assembly
- Article 50
- Cessation
- Article 51
- Winding up of the HNS Fund
- Article 52
- Depositary
- Article 53
- Languages
- Article 54
- SCHEDULE 6 Convention Relating to the Carriage of Passengers and Their Luggage by Sea
- Part I Text of Convention
- Part II Provisions having effect in connection with Convention
- Interpretation
- Provisions adapting or supplementing specified articles of the Convention
- Other provisions adapting or supplementing the Convention
- Application of ss. 185 and 186 of this Act
- SCHEDULE 7 Convention on Limitation of Liability for Maritime Claims 1976
- Part I Text of Convention
- Chapter I. The Right of Limitation
- Persons entitled to limit liability
- Claims subject to limitation
- Claims excepted from limitation
- Conduct barring limitation
- Counterclaims
- Chapter II. Limits of Liability
- The general limits
- The limit for passenger claims
- Unit of Account
- Aggregation of claims
- Limitation of liability without constitution of a limitation fund
- Chapter III. The Limitation Fund
- Constitution of the Fund
- Distribution of the fund
- Bar to other actions
- Governing law
- Chapter IV. Scope of Application
- ARTICLE 18 Reservations
- Part II Provisions having effect in connection with Convention
- Interpretation
- Right to limit liability
- Claims subject to limitation
- Claims excluded from limitation
- The general limits
- Limit for passenger claims
- Units of Account
- Constitution of fund
- Distribution of fund
- Bar to other actions
- Meaning of “court”
- Meaning of “ship”
- Meaning of “State Party”
- SCHEDULE 8 Commissioners of Northern Lighthouses
- SCHEDULE 10 Local Light Dues: Objections
- SCHEDULE 11 International Convention on Salvage 1989
- Part I Text of Convention
- Chapter I — General Provisions
- Definitions
- Application of the Convention
- Platforms and drilling units
- State-owned vessels
- Salvage operations controlled by public authorities
- Salvage contracts
- Annulment and modification of contracts
- Chapter II — Performance of Salvage Operations
- Duties of the salvor and of the owner and master
- Rights of coastal States
- Duty to render assistance
- Co-operation
- Chapter III — Rights of Salvors
- Conditions for reward
- Criteria for fixing the reward
- Special compensation
- Apportionment between salvors
- Salvage of persons
- Services rendered under existing contracts
- The effect of salvor’s misconduct
- Prohibition of salvage operations
- Chapter IV — Claims and Actions
- Maritime lien
- Duty to provide security
- Interim payment
- Limitation of actions
- Interest
- State-owned cargoes
- Humanitarian cargoes
- Publication of arbitral awards
- Part II Provisions having effect in connection with Convention
- Interpretation
- Claims excluded from Convention
- Assistance to persons in danger at sea
- The reward and special compensation: the common understanding
- Recourse for life salvage payment
- Meaning of “judicial proceedings”
- Meaning of “State Party”
- SCHEDULE 11ZA Wrecks Convention
- Article 1 Definitions
- Article 2 Objectives and general principles
- Article 3 Scope of application
- Article 4 Exclusions
- Article 5 Reporting wrecks
- Article 6 Determination of hazard
- Article 7 Locating wrecks
- Article 8 Marking of wrecks
- Article 9 Measures to facilitate the removal of wrecks
- Article 10 Liability of the owner
- Article 11 Exceptions to liability
- Article 12 Compulsory insurance or other financial security
- Article 13 Time limits
- Article 14 Amendment provisions
- Article 15 Settlement of disputes
- Article 16 Relationship to other conventions and international agreements
- Article 17 Signature, ratification, acceptance, approval and accession
- Article 18 Entry into force
- Article 19 Denunciation
- Article 20 Depositary
- Article 21 Languages
- Schedule 11A Funding of maritime services
- Interpretation
- Charges in respect of maritime matters
- Charges relating to expenses payable out of General Lighthouse Fund
- Ships in respect of which charges may be imposed
- Persons by whom charges to be paid
- Amount of charges
- Powers to require information
- Disclosure of information
- Collection and recovery, etc.
- Distress
- Further powers in relation to General Lighthouse Fund etc
- Supplementary
- SCHEDULE 12 Repeals
- SCHEDULE 13 Consequential Amendments
- General Pier and Harbour Act 1861 Amendment Act 1862 (c. 19)
- Sea Fisheries Act 1868 (c. 45)
- Lloyd’s Act 1871 (c. xxi)
- Slave Trade Act 1873 (c. 88)
- Explosives Act 1875 (c. 17)
- Explosive Substances Act 1883 (c. 3)
- Submarine Telegraph Act 1885 (c. 49)
- Foreign Jurisdiction Act 1890 (c. 37)
- Fisheries Act 1891 (c. 37)
- Commissioners for Oaths Act 1891 (c. 50)
- Seal Fisheries (North Pacific) Act 1895 (c.21)
- Seal Fisheries (North Pacific) Act 1912 (c. 10)
- Trustee Act 1925 (c. 19)
- Whaling Industry (Regulations) Act 1934 (c. 49)
- Public Health Act 1936 (c. 49)
- Public Health (Drainage of Trade Premises) Act 1937 (c. 40)
- Superannuation (Various Services) Act 1938 (c. 13)
- Compensation (Defence) Act 1939 (c. 75)
- Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939 (c. 83)
- Public Health (Scotland) Act 1945 (c.15)
- Crown Proceedings Act 1947 (c. 44)
- British Nationality Act 1948 (c. 56)
- Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1948 (c. 23 (N.I.))
- Wireless Telegraphy Act 1949 (c. 54)
- Coast Protection Act 1949 (c. 74)
- Registered Designs Act 1949 (c. 88)
- Rivers (Prevention of Pollution) (Scotland) Act 1951 (c.66)
- Post Office Act 1953 (c. 36)
- Administration of Justice Act 1956 (c. 46)
- Trustee Act (Northern Ireland) 1958 (c. 23 (N.I.))
- Factories Act 1961 (c. 34)
- Pipe-Lines Act 1962 (c. 58)
- Harbours Act 1964 (c. 40)
- Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965 (c. 19 (N.I.))
- Factories Act (Northern Ireland) 1965 (c. 20 (N.I.))
- Fisheries Act (Northern Ireland) 1966 (c. 17 (N.I.))
- Finance Act 1966 (c. 18)
- Sea Fish (Conservation) Act 1967 (c. 84)
- Public Health Act (Northern Ireland) 1967 (c. 36 (N.I.))
- Consular Relations Act 1968 (c. 18)
- Countryside Act 1968 (c. 41)
- Hovercraft Act 1968 (c. 59)
- Sea Fisheries Act 1968 (c. 77)
- Harbours Act (Northern Ireland) 1970 (c. 1 (N.I.))
- Carriage of Goods by Sea Act 1971 (c. 19)
- Attachment of Earnings Act 1971 (c. 32)
- Industry Act 1972 (c. 63)
- Education (Work Experience) Act 1973 (c. 23)
- Fishery Limits Act 1976 (c. 86)
- Aircraft and Shipbuilding Industry Act 1977 (c. 3)
- Rates (Northern Ireland) Order 1977 (S.I. 1977/2157 (NI 28))
- Judicature (Northern Ireland) Act 1978 (c. 23)
- Customs and Excise Management Act 1979 (c. 2)
- Hydrocarbon Oil Duties Act 1979 (c. 5)
- Magistrates’ Courts Act 1980 (c. 43)
- Education (Scotland) Act 1980 (c. 44)
- Private Streets (Northern Ireland) Order 1980 (S.I. 1980/1086 (NI 12))
- Animal Health Act 1981 (c. 22)
- Senior Courts Act 1981 (c. 54)
- Judgments Enforcement (Northern Ireland) Order 1981 (S.I. 1981/226 (NI 6))
- Clean Air (Northern Ireland) Order 1981 (S.I. 1981/158 (NI 14))
- Diseases of Animals (Northern Ireland) Order 1981 (S.I. 1981/1115 (NI 22))
- Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (NI 26))
- Civil Aviation Act 1982 (c. 16)
- Oil and Gas (Enterprise) Act 1982 (c. 23)
- Civil Jurisdiction and Judgments Act 1982 (c. 27)
- Civic Government (Scotland) Act 1982 (c. 45)
- British Fishing Boats Act 1983 (c. 8)
- Public Health (Control of Disease) Act 1984 (c. 22)
- Inshore Fishing (Scotland) Act 1984 (c. 26)
- Road Traffic Regulation Act 1984 (c. 27)
- County Courts Act 1984 (c. 28)
- Repatriation of Prisoners Act 1984 (c. 47)
- Dangerous Vessels Act 1985 (c. 22)
- Food and Environment Protection Act 1985 (c. 48)
- Protection of Military Remains Act 1986 (c. 35)
- Wages Act 1986 (c. 48)
- Petroleum Act 1987 (c. 12)
- Debtors (Scotland) Act 1987 (c. 18)
- Pilotage Act 1987 (c. 21)
- Channel Tunnel Act 1987 (c. 53)
- Norfolk and Suffolk Broads Act 1988 (c. 4)
- Local Government Finance Act 1988 (c. 41)
- Copyright, Designs and Patents Act 1988 (c. 48)
- Road Traffic Act 1988 (c. 52)
- Wages (Northern Ireland) Order 1988 (S.I. 1988/796 (NI 7))
- Criminal Justice (International Co-operation) Act 1990 (c. 5)
- Aviation and Maritime Security Act 1990 (c. 31)
- Water Industry Act 1991 (c. 56)
- Water Resources Act 1991 (c. 57)
- Land Drainage Act 1991 (c. 59)
- Dangerous Vessels (Northern Ireland) Order 1991 (S.I. 1991/1219 (NI 10))
- Judicial Pensions and Retirement Act 1993 (c. 8)
- Clean Air Act 1993 (c. 11)
- Value Added Tax Act 1994 (c. 23)
- SCHEDULE 14 Transitory, Saving and Transitional Provisions
- Extra-territorial provisions
- References to registration in other legislation
- Qualifications: certificates of A.B.
- Manning: certificates existing in 1979
- Masters and seamen: postponed commencements
- Masters and seamen and documents: transitory provisions
- Safety provisions: saving of instruments, etc
- Oil pollution: saving for certain transitional provisions
- Lighthouses: dependencies
- Lighthouses: Scotland
- Wreck and salvage: Cinque ports
- Wreck: Liability for damage in case of plundered vessel in Scotland
- Behring Sea Award
- Table of Derivations
- Notes
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