Merchant Shipping Act 1995

Merchant Shipping Act 1995[a]
Act of Parliament
coat of arms
Parliament of the United Kingdom
Long titleAn Act to consolidate the Merchant Shipping Acts 1894 to 1994 and other enactments relating to merchant shipping.
Citation1995 c. 21
Territorial extent United Kingdom[b]
Dates
Royal assent19 July 1995
Commencement1 January 1996[c]
Other legislation
Amends
Repeals/revokes
Amended by
Relates to
Status: Amended
Text of statute as originally enacted
Revised text of statute as amended
Text of the Merchant Shipping Act 1995 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The Merchant Shipping Act 1995 (c. 21) is an act of the Parliament of the United Kingdom passed in 1995. It consolidated much of the UK's maritime legislation, repealing several acts in their entirety and provisions in many more, some dating back to the mid-nineteenth century. It appoints several officers of Admiralty Jurisdiction such as the Receiver of Wreck. The act of 1995 updates the prior Merchant Shipping Act 1894 (57 & 58 Vict. c. 60). The lead part on British ships was impacted by the outcome of the Factortame case, as the Merchant Shipping Act 1988 was impugned by the Common Fisheries Policy.

Content of act

The act comprises 316 sections divided into 13 Parts:

  • Part I: British ships
  • Part II: Registration
  • Part III: Masters and Seamen
  • Part IV: Safety
  • Part V: Fishing Vessels
  • Part VI: Prevention of Pollution
  • Part VII: Liability of Shipowners and Others
  • Part VIII: Lighthouses
  • Part IX: Salvage and Wreck
  • Part X: Enforcement Officers and Powers
  • Part XI: Accident Investigations and Inquiries
  • Part XII: Legal Proceeding
  • Part XIII: Supplemental

Part II: Registration

The act details British law on entitlement for Ship registration, including qualifications, pre-conditions and the machinery for registration.[1]

Part VIII: Lighthouses

Part VIII of the act provides the powers and duties of the general lighthouse authorities and local lighthouse authorities.

Part IX: Salvage and Wreck

Receiver of Wreck is a post defined in Part IX of the act. It is an official of the British government whose main task is to process incoming reports of shipwrecks in order to give legitimate owners the opportunity to retrieve their property and ensure that law-abiding finders of wreck receive an appropriate reward.[2] According to the act, a wreck falls into one of four categories:

Flotsam
goods lost from a ship which has sunk or otherwise perished which are recoverable because they have floated.
Jetsam
goods cast overboard (jettisoned) in order to lighten a vessel which is in danger of sinking, even if they ultimately perish.
Derelict
property which has been abandoned and deserted at sea by those who were in charge without any hope of recovering it. This includes vessels and cargo.
Lagan (or ligan)
goods cast overboard from a ship, which afterwards perish, buoyed so that they can be recovered later.

Part XI: Accident Investigations and Inquiries

Part XI of the act provides the powers and duties of the Marine Accident Investigation Branch.

Repealed enactments

Section 314(1) of the act repealed 97 enactments, listed in schedule 12 to the act.[d][e][3]

Citation Short title Extent of repeal
17 & 18 Vict.. c. 120 Merchant Shipping Repeal Act 1854 Section 7.
34 & 35 Vict.. c. xxi Lloyd's Act 1871 Section 33.
57 & 58 Vict.. c. 60 Merchant Shipping Act 1894 Section 66.
Section 76.
Section 82.
Section 84.
Sections 287 and 288.
Section 422.
Section 449.
Section 458.
Sections 510 to 513.
Sections 515 and 516.
Sections 518 to 525.
Section 527.
Sections 530 to 537.
Sections 551 to 553.
Sections 555 to 557.
Sections 566 to 568.
Section 569(2).
Section 570.
Section 571.
Sections 634 to 636.
Sections 638 and 639.
Sections 642 to 643A.
Sections 647 to 656.
Section 657 so far as relating to Northern Ireland.
Sections 658 to 660.
Sections 662 to 662B.
Section 664.
Sections 666 to 669.
Sections 676 and 677.
Sections 679 to 681.
Sections 683 to 687B.
Section 688 so far as relating to Scotland.
Section 689.
Sections 691 to 693.
Sections 695 to 697.
Sections 702 and 703.
Sections 710 to 715.
Sections 717 and 718.
Sections 720 to 724.
Sections 726 to 728.
Sections 731 and 732.
Sections 735 and 736.
Section 738(1) and (2).
Section 739.
Sections 741 to 743.
Sections 745 to 747.
Schedule 17.
Schedule 19.
60 & 61 Vict.. c. 21 Mersey Channels Act 1897 The whole act.
60 & 61 Vict.. c. 59 Merchant Shipping Act 1897 The whole act.
61 & 62 Vict.. c. 44 Merchant Shipping (Mercantile Marine Fund) Act 1898 Sections 1 and 1A.
Section 2(3) so far as relating to the Sombrero lighthouse in the Leeward Islands.
Sections 2A and 2B.
Section 5(1)(2).
Section 9.
In Schedule 3, the entry for the Sombrero lighthouse in the Leeward Islands.
63 & 64 Vict.. c. 32 Merchant Shipping (Liability of Shipowners and Others) Act 1900 Sections 2 to 5.
6 Edw. 7. c. 48 Merchant Shipping Act 1906 Section 72.
Sections 75 and 76.
Sections 78 to 80.
Sections 84 and 86.
1 & 2 Geo. 5. c. 57 Maritime Conventions Act 1911 Sections 1 to 3 and 4(2).
Sections 5 to 10.
9 & 10 Geo. 5. c. 62 British Mercantile Marine Uniform Act 1919 The whole act.
9 & 10 Geo. 5. c. 92 Aliens Restriction (Amendment) Act 1919 Section 5.
10 & 11 Geo. 5. c. 2 Merchant Shipping (Amendment) Act 1920 The whole act.
10 & 11 Geo. 5. c. 39 Merchant Shipping (Scottish Fishing Boats) Act 1920 The whole act.
11 & 12 Geo. 5. c. 28 Merchant Shipping Act 1921 Sections 2 to 4.
22 & 23 Geo. 5. c. 4 Statute of Westminster 1931 Section 5.
22 & 23 Geo. 5. c. 9 Merchant Shipping (Safety and Load Line Conventions) Act 1932 Section 5(2) and (3).
Section 8.
Section 24.
Section 62(1) and (3).
Section 69.
Sections 73 and 74.
Schedule 1.
2 & 3 Geo. 6. c. 83 Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939 Section 6(3).
11 & 12 Geo. 6. c. 7 Ceylon Independence Act 1947 In Schedule 1, paragraph 3.
10 & 11 Geo. 6. c. 44 Crown Proceedings Act 1947[e] Sections 5 to 8. Section 30.
11 & 12 Geo. 6. c. 44 Merchant Shipping Act 1948 Section 5.
12, 13 & 14 Geo. 6. c. 29 Consular Conventions Act 1949 Section 5(2).
12, 13 & 14 Geo. 6. c. 43 Merchant Shipping (Safety Conventions) Act 1949 Section 22.
Section 25.
Section 32.
Section 34.
Section 35(1).
Sections 36 (so far as unrepealed) and 37.
In Schedule 1, paragraph 1.
14 Geo. 6. c. 9 Merchant Shipping Act 1950 Sections 7 and 8.
14 Geo. 6. c. 27 Arbitration Act 1950 In section 29, subsection (1) and in subsection (2) the words preceding "an arbitration".
4 & 5 Eliz. 2. c. 46 Administration of Justice Act 1956 In section 47(2)(n) the words from "(including" to "way of wages)".
Section 49(1).
In Part I of Schedule 1, in paragraph 1(1)(j), from the beginning to "cases" and, in paragraph 1(3), the words "sections five hundred and forty-four to five hundred and forty-six of the Merchant Shipping Act, 1894, or".
5 & 6 Eliz. 2. c. 6 Ghana Independence Act 1957 In Schedule 1, paragraph 4.
In Schedule 2, paragraphs 7 and 8.
5 & 6 Eliz. 2. c. 60 Federation of Malaya Independence Act 1957 In Schedule 1, paragraphs 9 and 10.
8 & 9 Eliz. 2. c. 52 Cyprus Act 1960 In the Schedule, paragraph 10.
8 & 9 Eliz. 2. c. 55 Nigeria Independence Act 1960 In Schedule 1, paragraph 4.
In Schedule 2, paragraphs 7 and 8.
9 & 10 Eliz. 2. c. 1 Tanganyika Independence Act 1961 In Schedule 1, paragraph 4.
In Schedule 2, paragraphs 7 and 8.
9 & 10 Eliz. 2. c. 16 Sierra Leone Independence Act 1961 In Schedule 2, paragraph 4.
In Schedule 3, paragraphs 8 and 9.
10 & 11 Eliz. 2. c. 23 South Africa Act 1962 In Schedule 3, paragraph 6.
10 & 11 Eliz. 2. c. 30 Northern Ireland Act 1962 Section 25(1)(a).
10 & 11 Eliz. 2. c. 40 Jamaica Independence Act 1962 In Schedule 1, paragraph 4.
In Schedule 2, paragraphs 7 and 8.
10 & 11 Eliz. 2. c. 54 Trinidad and Tobago Independence Act 1962 In Schedule 1, paragraph 4.
In Schedule 3, paragraphs 7 and 8.
10 & 11 Eliz. 2. c. 57 Uganda Independence Act 1962 In Schedule 1, paragraph 4.
In Schedule 2, paragraphs 7 and 8.
1963 c. 54 Kenya Independence Act 1963 In Schedule 1, paragraph 4.
In Schedule 2, paragraphs 7 and 8.
1963 c. 55 Zanzibar Act 1963 In Schedule 1, paragraph 8.
1964 c. 26 Licensing Act 1964 Section 158.
1964 c. 40 Harbours Act 1964 Section 29(2) and (3).
Section 30(2).
In section 30(3) the words from "and no charge" to the end.
Section 35.
1964 c. 46 Malawi Independence Act 1964 In Schedule 1, paragraph 4(a).
In Schedule 2, paragraphs 7 and 8.
1964 c. 47 Merchant Shipping Act 1964 Section 9 so far as unrepealed.
Section 11.
Section 16.
Sections 19 and 20.
1964 c. 86 Malta Independence Act 1964 In Schedule 1, paragraph 4(a).
In Schedule 2, paragraphs 7 and 8.
1964 c. 93 Gambia Independence Act 1964 In Schedule 1, paragraph 4(a).
In Schedule 2, paragraphs 7 and 8.
1965 c. 32 Administration of Estates (Small Payments) Act 1965 Section 6(1)(c).
1965 c. 47 Merchant Shipping Act 1965 The whole act so far as unrepealed.
1966 c. 14 Guyana Independence Act 1966 In Schedule 1, paragraph 4(a).
In Schedule 2, paragraphs 7 and 8.
1966 c. 29 Singapore Act 1966 In the Schedule, paragraphs 10 and 11.
1966 c. 37 Barbados Independence Act 1966 In Schedule 1, paragraph 4(a).
In Schedule 2, paragraphs 7 and 8.
1967 c. 27 Merchant Shipping (Load Lines) Act 1967 Sections 1 to 25.
Section 27(1), (3) and (5).
Sections 30 to 34.
Schedules 1 and 2.
1968 c. 8 Mauritius Independence Act 1968 In Schedule 1, paragraph 4(a).
In Schedule 2, paragraphs 7 and 8.
1969 c. 48 Post Office Act 1969 In section 3, in subsection (1) the words from "and the first reference" to "to navigation)" and, in subsection (6) the words from "and section 36" to the end.
1970 c. 27 Fishing Vessels (Safety Provisions) Act 1970 Section 1.
Section 2(1).
Sections 3 to 5.
Section 7.
Sections 9 to 11.
1970 c. 36 Merchant Shipping Act 1970 Sections 1 to 5.
Sections 7 to 18.
Section 20.
Section 22.
Sections 25 to 28.
Section 30.
Sections 32 and 33.
Sections 39 to 41.
Sections 43 to 54.
Sections 56 to 64.
Sections 67 to 72.
Sections 74 to 83.
Section 85.
Section 86.
Section 88.
Section 91.
Sections 95 to 101.
Schedules 1 to 5.
1970 c. 50 Fiji Independence Act 1970 In Schedule 1, paragraph 4(a).
In Schedule 2, paragraph 6.
1971 c. 59 Merchant Shipping (Oil Pollution) Act 1971 The whole act.
1971 c. 60 Prevention of Oil Pollution Act 1971[d] Section 2(2A) and (2B).
Section 5.
Section 6(1)(a).
Section 7.
Section 8(2).
Section 10.
In section 11, in subsection (1), paragraphs (a) and (b) and the words "the owner or master of the vessel, or" and ", as the case may be," and subsection (2).
Sections 12 to 17.
Section 18(4).
Section 19(2)(b) and (c).
Section 19A.
Section 20.
Section 21.
Section 23 so far as it relates to vessels.
Section 24.
Section 25(2) and (3).
Section 27(4).
In section 29(1) the definitions of— "barge"; and "outside the territorial waters of the United Kingdom"; and subsections (2), (4), (5) and (6).
Section 30(1) and (2).
1972 c. 5 (N.I.) Water Act (Northern Ireland) 1972 Section 32(3).
1972 c. 11 Superannuation Act 1972 Section 17.
1973 c. 27 Bahamas Independence Act 1973 In Schedule 1, paragraph 4(a).
In Schedule 2, paragraph 5.
1973 c. 49 Bangladesh Act 1973 In the Schedule, paragraph 6.
1974 c. 43 Merchant Shipping Act 1974 Sections 1 to 8A.
Sections 16 to 18.
Section 19(1) and (3) to (6).
Section 21.
Sections 23 and 24.
Schedules 1 and 5.
1976 c. 19 Seychelles Act 1976 In the Schedule, paragraph 6.
1978 c. 15 Solomon Islands Act 1978 In the Schedule, paragraph 4.
1978 c. 20 Tuvalu Act 1978 In Schedule 1, paragraph 4(a).
In Schedule 2, paragraph 4.
1979 c. 27 Kiribati Act 1979 In the Schedule, paragraph 5.
1979 c. 39 Merchant Shipping Act 1979 Sections 14 to 39.
Sections 41 to 43.
Section 45.
Sections 48 to 52.
Schedules 3 to 7.
1980 c. 2 Papua New Guinea, Western Samoa and Nauru (Miscellaneous Provisions) Act 1980 In the Schedule, paragraphs 4 and 5.
1980 c. 16 New Hebrides Act 1980 In Schedule 1, paragraph 5.
1981 c. 10 Merchant Shipping Act 1981 The whole act.
1981 c. 52 Belize Act 1981 In Schedule 1, paragraph 4(a).
In Schedule 2, paragraph 4.
1981 c. 54 Supreme Court Act 1981 In section 153(4)(d), the words from "section 13(1)" to "1974".
In Schedule 5, the entries relating to the Merchant Shipping (Oil Pollution) Act 1971 and the Merchant Shipping Act 1974.
SI 1981/226 (NI 6) Judgments Enforcement (Northern Ireland) Order 1981 In Schedule 2, paragraph 17.
SI 1981/1675 (NI 26) Magistrates' Courts (Northern Ireland) Order 1981 In Part I of Schedule 6, paragraphs 18 and 19.
1982 c. 16 Civil Aviation Act 1982 Section 97(1).
1982 c. 27 Civil Jurisdiction and Judgments Act 1982 In section 32(4)(a) the words "section 13(3) of the Merchant Shipping (Oil Pollution) Act 1971".
1982 c. 48 Criminal Justice Act 1982 Section 49.
Section 81(13).
In Schedule 7, paragraph 1.
In Schedule 14, paragraph 2.
In Schedule 15, paragraphs 3 to 5.
1984 c. 5 Merchant Shipping Act 1984 Sections 1 to 12.
Section 14.
Schedule 1.
Schedule 2.
1984 c. 28 County Courts Act 1984 Section 27(11).
1985 c. 3 Brunei and Maldives Act 1985 In the Schedule, paragraph 1.
1985 c. 22 Dangerous Vessels Act 1985 Section 4.
1986 c. 2 Australia Act 1986 Section 4.
1986 c. 6 Prevention of Oil Pollution Act 1986 The whole act.
1986 c. 23 Safety at Sea Act 1986 Sections 7 to 13.
Section 15.
1986 c. 64 Public Order Act 1986 In section 10(1), the words "and in section 515 of the Merchant Shipping Act 1894".
SI 1986/1035 (NI 9) Companies Consolidation (Consequential Provisions) (Northern Ireland) Order 1986 In Part II of Schedule 1, the entries relating to the Prevention of Oil Pollution Act 1971 and the Merchant Shipping Act 1974.
1988 c. 12 Merchant Shipping Act 1988 Section 11.
Sections 26 to 35.
Sections 41 to 49.
Section 52.
Sections 53 and 55 except for purposes of section 37.
Section 57(1) and (3) to (5).
In Schedule 1, paragraph 48.
Schedule 4.
Schedules 5 to 8.
SI 1989/1339 (NI 11) Limitation (Northern Ireland) Order 1989 In Schedule 3, paragraph 11.
1990 c. 31 Aviation and Maritime Security Act 1990 In section 51(2), the words "section 94 of the Merchant Shipping Act 1970".
In Schedule 3, paragraph 2.
1990 c. 41 Courts and Legal Services Act 1990 In Schedule 10, paragraph 55.
1990 c. 43 Environmental Protection Act 1990 Section 148.
Schedule 14 except so far as the amendments relate to offences under section 2(1) of the Prevention of Oil Pollution Act 1971.
1991 c. 52 Ports Act 1991 Sections 31 to 34.
Section 36(2)(c).
In section 41, in subsection (1) the words "31 to" and "36(2)(c)" and subsection (2).
Section 42(2).
SI 1991/1219 (NI 10) Dangerous Vessels (Northern Ireland) Order 1991 Article 6.
1993 c. 8 Judicial Pensions and Retirement Act 1993 In Schedule 6, paragraph 59.
1993 c. 22 Merchant Shipping (Registration, etc.) Act 1993 The whole act.
1994 c. 28 Merchant Shipping (Salvage and Pollution) Act 1994 The whole act.
1994 c. 39 Local Government etc. (Scotland) Act 1994 In Schedule 13, paragraph 7.

Subsequent developments

The Merchant Shipping (Pollution) Act 2006 amended section 178(1) of the act. It restricts claims to being enforced within three years of the damage occurring, whereas previously it had been restricted to within three years after "the claim against the Fund arose", and within six years of the damage occurring.

The Marine Navigation Act 2013 made four changes to the act: [4]

  • Section 47 was amended so that regulations relating to manning requirements on ships may refer to information contained in other documents.
  • Section 193 was amended to specify the area of sea in which each Authority may operate.
  • Section 197 was amended and section 197A added to enable the general lighthouse authorities to enter into a broader range of commercial agreements. The income from these agreements will supplement revenue from light dues, used to fund the work of the Authorities.
  • Section 252 was amended to enable lighthouse authorities to mark wrecks by electronic methods as well as physical aids to navigation.

See also

Notes

  1. ↑ Section 316(1).
  2. ↑ Section 315.
  3. ↑ Section 316(2).
  4. 1 2 Note to schedule 12: The repeals of sections 5 to 7, 29(2) and 30(1) of the Prevention of Oil Pollution Act 1971 do not apply so far as those provisions relate to sections 2(1) and (3) of that Act.
  5. 1 2 Note to schedule 12: The repeals in the Crown Proceedings Act 1947 apply in relation to Her Majesty's Government in Northern Ireland as they apply in relation to Her Majesty's Government in the United Kingdom.

References

  1. ↑ Hill, Christopher Julius Starforth (1998). Maritime Law. London: Lloyd's of London Press Limited. p. 9. ISBN 978-1-85978-836-3.
  2. ↑ Maritime and Coastguard Agency Archived 20 November 2008 at the Wayback Machine - Role of the Receiver Of Wreck
  3. ↑ "Merchant Shipping Act 1995", legislation.gov.uk, The National Archives, 1995 c. 21
  4. ↑ "Marine Navigation Act 2013: Explanatory Notes" (PDF). Parliament of the United Kingdom. April 2013. Retrieved 18 May 2013.
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