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(1) The Secretary of State may, with the consent of the Treasury, give any person or body of persons of any description determined by him for the purposes of this section financial assistance in respect of expenses incurred or to be incurred by any such person or body in connection with the training (whether in the United Kingdom or elsewhere) of officers and ratings for service in merchant ships, including expenses incurred or to be incurred by any such person in connection with his undergoing any such training.
(2) Assistance under this section may be given by way of a grant or a loan or otherwise; and in giving any such assistance the Secretary of State may impose such conditions as he thinks fit, including conditions requiring a grant to be repaid in specified circumstances.
(3) This section is without prejudice to any other power of the Secretary of State to give financial assistance in connection with any such training as is mentioned in subsection (1).
(1) The Secretary of State may, with the consent of the Treasury, give financial assistance to—
(a) the owner of a ship registered in the British Islands, or
(b) any manager of a ship so registered, being either an individual ordinarily resident in the British Islands or a body corporate which is incorporated in the British Islands and has its principal place of business there,
in respect of travel and other costs incurred by the owner or manager in connection with members of the ship’s crew joining or leaving the ship outside the Limited European trading area.
(2) If the Secretary of State so determines, eligibility for assistance under this section shall be conditional on the fulfilment of such conditions with respect to all or any of the following matters as are specified in his determination, namely —
(a) the nationality of any person in relation to whom any such costs as are mentioned in subsection (1) are incurred;
(b) the ordinary residence of any such person;
(c) the place (outside the Limited European trading area) where any such person joins or leaves his ship.
(3) Assistance under this section may be given by way of a grant or a loan or otherwise; and in giving any such assistance the Secretary of State may impose such conditions as he thinks fit.
(4) For the purposes of this section—
(a) the crew of a ship shall be taken to include the master and other officers of the ship; and
(b) “the Limited European trading area” has the same meaning as it has for the purposes of any regulations made under section 43 of the [1970 c. 36.] Merchant Shipping Act 1970 (regulations about manning).
(1) The Secretary of State may establish and maintain a body of persons to be known as the Merchant Navy Reserve whose members may, in such circumstances and for such periods as the Secretary of State may determine, be required by him to serve in ships belonging to or employed in the service of Her Majesty.
(2) The Merchant Navy Reserve shall consist of such number of persons as the Secretary of State may determine who voluntarily undertake to become members of the Reserve and are accepted as members of it.
(3) The Secretary of State may determine the procedure by which, and the conditions under which, persons may become, or (subject to any regulations made by him under this section) may cease to be, members of the Merchant Navy Reserve.
(4) The Secretary of State may make regulations with respect to the calling into, and discharge from, service of members of the Merchant Navy Reserve and with respect to other matters relating to the service of members of the Reserve.
(5) Any such regulations may, in particular, make provision—
(a) for call-out notices to be served on members of the Reserve;
(b) for the requirements to be complied with by persons on whom such notices have been served;
(c) as to the uniform and equipment with which members of the Reserve are to be provided;
(d) for regulating the conduct and discipline of members of the Reserve who have entered into service, and for securing their attendance at their places of duty;
(e) for the imposition of fines, or the forfeiture of pay or other amounts, for misconduct or breaches of discipline or for contraventions of provisions of the regulations.
(6) Without prejudice to the operation of subsection (5)(e), regulations under this section may provide that a contravention of the regulations shall be an offence punishable on summary conviction by a fine not exceeding the third level on the standard scale or such lower amount as is prescribed by the regulations.
(1) Subject to such conditions as the Secretary of State may determine, there shall be payable to members of the Merchant Navy Reserve such pay, bounties and allowances as he may determine.
(2) The Secretary of State may make such payments as he thinks fit in connection with the training and certification of members of the Merchant Navy Reserve (including payments to persons undergoing such training and payments in connection with the re-validation of certificates).
(3) The Secretary of State shall not make any determination under subsection (1), or any payment under subsection (2), except with the consent of the Treasury.
(4) Where any person is called into service by virtue of regulations under section 28—
(a) the provisions of the [1985 c. 17.] Reserve Forces (Safeguard of Employment) Act 1985 shall apply to that person as if any service rendered by him in pursuance of the call-out were whole-time service within the meaning of that Act; and
(b) any service so rendered shall be relevant service within the meaning of the [1951 c. 65.] Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951.
(1) If, having regard to the nature of the service for which it is intended—
(a) a ship in a port in the United Kingdom, or
(b) a ship registered in the United Kingdom which is in any other port,
is, by reason of any of the matters mentioned in subsection (3), not fit to go to sea without serious danger to human life, then, subject to subsections (5) and (6), the master and the owner of the ship shall each be guilty of an offence.
(2) Where, at the time when a ship is not fit to go to sea as mentioned in subsection (1), any responsibilities of the owner with respect to the particular matters by reason of which the ship is not fit to go to sea have been assumed (whether wholly or in part) by any person or persons other than the owner, and have been so assumed by that person or (as the case may be) by each of those persons either—
(a) directly, under the terms of a charter-party or management agreement made with the owner, or
(b) indirectly, under the terms of a series of charter-parties or management agreements,
the reference to the owner in subsection (1) shall be construed as including a reference to that other person or (as the case may be) to each of those other persons.
(3) The matters referred to in subsection (1) are—
(a) the condition, or the unsuitability for its purpose, of—
(i) the ship or its machinery or equipment, or
(ii) any part of the ship or its machinery or equipment;
(b) undermanning;
(c) overloading or unsafe or improper loading;
(d) any other matter relevant to the safety of the ship.
(4) A person guilty of an offence under this section shall be liable—
(a) on summary conviction, to a fine not exceeding £50,000;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both.
(5) It shall be a defence in proceedings for an offence under this section to prove that at the time of the alleged offence—
(a) arrangements had been made which were appropriate to ensure that before the ship went to sea it was made fit to do so without serious danger to human life by reason of the matters falling within subsection (3) which are specified in the charge (or, in Scotland, which are libelled in the complaint, petition or indictment); or
(b) it was reasonable for such arrangements not to have been made.
(6) It shall also be a defence in proceedings for an offence under this section to prove—
(a) that, under the terms of one or more charter-parties or management agreements entered into by the defendant, the relevant responsibilities, namely—
(i) where the defendant is the owner, his responsibilities with respect to the matters referred to in subsection (5) (a), or
(ii) where the defendant is liable to proceedings under this section by virtue of subsection (2), so much of those responsibilities as had been assumed by him as mentioned in that subsection,
had at the time of the alleged offence been wholly assumed by some other person or persons party thereto; and
(b) that in all the circumstances of the case the defendant had taken such steps as it was reasonable for him to take, and exercised such diligence as it was reasonable for him to exercise, to secure the proper discharge of the relevant responsibilities during the period during which they had been assumed by some other person or persons as mentioned in paragraph (a);
and, in determining whether the defendant had done so, regard shall be had in particular to the matters mentioned in subsection (7).
(7) Those matters are—
(a) whether prior to the time of the alleged offence the defendant was, or in all the circumstances ought reasonably to have been, aware of any deficiency in the discharge of the relevant responsibilities; and
(b) the extent to which the defendant was or was not able, under the terms of any such charter-party or management agreement as is mentioned in subsection (6)(a)—
(i) to terminate it, or
(ii) to intervene in the management of the ship,
in the event of any such deficiency, and whether it was reasonable for the defendant to place himself in that position.
(8) No proceedings for an offence under this section shall be instituted—
(a) in England and Wales, except by or with the consent of the Secretary of State or the Director of Public Prosecutions;
(b) in Northern Ireland, except by or with the consent of the Secretary of State or the Director of Public Prosecutions for Northern Ireland.
(9) In this section—
“management agreement”, in relation to a ship, means any agreement (other than a charter-party or a contract of employment) under which the ship is managed, either wholly or in part, by a person other than the owner (whether on behalf of the owner or on behalf of some other person);
“relevant responsibilities” shall be construed in accordance with subsection (6);
and any reference in this section to going to sea shall, in a case where the service for which a ship is intended consists of going on voyages or excursions that do not involve going to sea, be construed as a reference to going on such a voyage or excursion.
(10) References in this section to responsibilities being assumed by a person under the terms of a charter-party or management agreement are references to their being so assumed by him whether or not he has entered into a further charter-party or management agreement providing for them to be assumed by some other person.
(1) It shall be the duty of the owner of a ship to which this section applies to take all reasonable steps to secure that the ship is operated in a safe manner.
(2) This section applies to—
(a) any ship registered in the United Kingdom; and
(b) any ship which—
(i) is registered under the law of any country outside the United Kingdom, and
(ii) is within the seaward limits of the territorial sea of the United Kingdom while proceeding to or from a port in the United Kingdom,
unless the ship would not be so proceeding but for weather conditions or any other unavoidable circumstances.
(3) If the owner of a ship to which this section applies fails to discharge the duty imposed on him by subsection (1), he shall be guilty of an offence and liable—
(a) on summary conviction, to a fine not exceeding £50,000;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both.
(4) Where any such ship—
(a) is chartered by demise, or
(b) is managed, either wholly or in part, by a person other than the owner under the terms of a management agreement within the meaning of section 30,
any reference to the owner of the ship in subsection (1) or (3) above shall be construed as including a reference—
(i) to the charterer under the charter by demise, or
(ii) to any such manager as is referred to in paragraph (b), or
(iii) (if the ship is both chartered and managed as mentioned above) to both the charterer and any such manager,
and accordingly the reference in subsection (1) to the taking of all reasonable steps shall, in relation to the owner, the charterer or any such manager, be construed as a reference to the taking of all such steps as it is reasonable for him to take in the circumstances of the case.
(5) No proceedings for an offence under this section shall be instituted—
(a) in England and Wales, except by or with the consent of the Secretary of State or the Director of Public Prosecutions;
(b) in Northern Ireland, except by or with the consent of the Secretary of State or the Director of Public Prosecutions for Northern Ireland.
The following section shall be substituted for section 27 of the [1970 c. 36.] Merchant Shipping Act 1970—
(1) This section applies—
(a) to the master of, or any seaman employed in, a ship registered in the United Kingdom; and
(b) to the master of, or any seaman employed in, a ship which—
(i) is registered under the law of any country outside the United Kingdom, and
(ii) is in a port in the United Kingdom or within the seaward limits of the territorial sea of the United Kingdom while proceeding to or from any such port.
(2) If a person to whom this section applies, while on board his ship or in its immediate vicinity—
(a) does any act which causes or is likely to cause—
(i) the loss or destruction of or serious damage to his ship or its machinery, navigational equipment or safety equipment, or
(ii) the loss or destruction of or serious damage to any other ship or any structure, or
(iii) the death of or serious injury to any person, or
(b) omits to do anything required—
(i) to preserve his ship or its machinery, navigational equipment or safety equipment from being lost, destroyed or seriously damaged, or
(ii) to preserve any person on board his ship from death or serious injury, or
(iii) to prevent his ship from causing the loss or destruction of or serious damage to any other ship or any structure, or the death of or serious injury to any person not on board his ship,
and either of the conditions specified in subsection (3) of this section is satisfied with respect to that act or omission, he shall (subject to subsections (6) and (7) of this section) be guilty of an offence.
(3) Those conditions are—
(a) that the act or omission was deliberate or amounted to a breach or neglect of duty;
(b) that the master or seaman in question was under the influence of drink or a drug at the time of the act or omission.
(4) If a person to whom this section applies—
(a) discharges any of his duties, or performs any other function in relation to the operation of his ship or its machinery or equipment, in such a manner as to cause, or to be likely to cause, any such loss, destruction, death or injury as is mentioned in subsection (2)(a) of this section, or
(b) fails to discharge any of his duties, or to perform any such function, properly to such an extent as to cause, or to be likely to cause, any of those things,
he shall (subject to subsections (6) and (7) of this section) be guilty of an offence.
(5) A person guilty of an offence under this section shall be liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both.
(6) In proceedings for an offence under this section it shall be a defence to prove—
(a) in the case of an offence under subsection (2) of this section where the act or omission alleged against the defendant constituted a breach or neglect of duty, that the defendant took all reasonable steps to discharge that duty;
(b) in the case of an offence under subsection (4) of this section, that the defendant took all reasonable precautions and exercised all due diligence to avoid committing the offence; or
(c) in the case of an offence under either of those subsections—
(i) that he could have avoided committing the offence only by disobeying a lawful command, or
(ii) that in all the circumstances the loss, destruction, damage, death or injury in question, or (as the case may be) the likelihood of its being caused, either could not reasonably have been foreseen by the defendant or could not reasonably have been avoided by him.
(7) In the application of this section to any person falling within subsection (1)(b) of this section, subsections (2) and (4) shall have effect as if paragraphs (a)(i) and (b)(i) of subsection (2) were omitted; and no proceedings for an offence under this section shall be instituted against any such person—
(a) in England and Wales, except by or with the consent of the Secretary of State or the Director of Public Prosecutions;
(b) in Northern Ireland, except by or with the consent of the Secretary of State or the Director of Public Prosecutions for Northern Ireland.
(8) In this section—
“breach or neglect of duty”, except in relation to a master, includes any disobedience to a lawful command;
“duty”—
(a) in relation to a master or seaman, means any duty falling to be discharged by him in his capacity as such; and
(b) in relation to a master, includes his duty with respect to the good management of his ship and his duty with respect to the safety of operation of his ship, its machinery and equipment; and
“structure” means any fixed or movable structure (of whatever description) other than a ship.”
(1) The Secretary of State shall, for the purpose of the investigation of any such accidents as are mentioned in subsection (2), appoint such number of persons as he may determine to be inspectors of marine accidents, and he shall appoint one of those persons to be Chief Inspector of Marine Accidents.
(2) The accidents referred to in subsection (1) are—
(a) any accident involving a ship or ship’s boat where, at the time of the accident—
(i) the ship is registered in the United Kingdom, or
(ii) the ship, or (in the case of an accident involving a ship’s boat) that boat, is within the seaward limits of the territorial sea of the United Kingdom; and
(b) such other accidents involving ships or ships' boats as the Secretary of State may determine.
(3) The Secretary of State may by regulations make such provision as he considers appropriate with respect to the investigation of any such accidents as are mentioned in subsection (2).
(4) Any such regulations may, in particular, make provision—
(a) with respect to the definition of “accident” for the purposes of this section and the regulations;
(b) imposing requirements as to the reporting of accidents;
(c) prohibiting, pending investigation, access to or interference with any ship or ship’s boat involved in an accident;
(d) authorising any person, so far as may be necessary for the purpose of determining whether an investigation should be carried out, to have access to, examine, remove, test, take measures for the preservation of, or otherwise deal with, any such ship or boat or any other ship or ship’s boat;
(e) specifying, with respect to the investigation of accidents, the functions of the Chief Inspector of Marine Accidents (which may include the function of determining whether, and if so by whom, particular accidents should be investigated), the functions of other inspectors of marine accidents, and the manner in which any such functions are to be discharged;
(f) for the appointment by the Chief Inspector of Marine Accidents, in such circumstances as may be specified in the regulations, of persons to carry out investigations under this section who are not inspectors of marine accidents;
(g) for the appointment by any Minister of the Crown of persons to review any findings or conclusions of a person carrying out an investigation under this section;
(h) for the procedure to be followed in connection with investigations or reviews under this section;
(i) for conferring on persons discharging functions under the regulations who are not inspectors of marine accidents all or any of the powers conferred on an inspector by section 27 of the [1979 c. 39.] Merchant Shipping Act 1979;
(j) for the submission to the Secretary of State, and the publication by him, of reports of investigations or reviews under this section;
(k) for the publication by the Chief Inspector of Marine Accidents of reports and other information relating to accidents.
(5) Regulations under this section may provide for any provisions of the regulations to apply to any specified class or description of incidents or situations which involve, or occur on board, ships or ships' boats but are not accidents for the purposes of the regulations, being a class or description framed by reference to any of the following, namely—
(a) the loss or destruction of or serious damage to any ship or structure,
(b) the death of or serious injury to any person, or
(c) environmental damage,
whether actually occurring or not, and (subject to such modifications as may be specified in the regulations) for those provisions to apply in relation to any such incidents or situations as they apply in relation to accidents.
(6) Regulations under this section may provide that a contravention of the regulations shall be an offence punishable on summary conviction by a fine not exceeding the statutory maximum and on conviction on indictment by a fine.
(7) The Chief Inspector of Marine Accidents, or (as the case may be) inspectors of marine accidents generally, shall discharge such functions in addition to those conferred by or under the preceding provisions of this section as the Secretary of State may determine.
(8) Any inspector of marine accidents shall, for the purpose of discharging any functions conferred on him by or under this section, have the powers conferred on an inspector by section 27 of the [1979 c. 39.] Merchant Shipping Act 1979.
(9) Nothing in this section shall limit the powers of any authority under sections 530 to 537 of the 1894 Act (removal of wrecks).
(10) In this section—
(a) references to an accident involving a ship or ship’s boat include references to an accident occurring on board a ship or ship’s boat (and any reference to a ship or ship’s boat involved in an accident shall be construed accordingly); and
(b) “ship’s boat” includes a liferaft.
(1) The [1971 c. 59.] Merchant Shipping (Oil Pollution) Act 1971 (“the 1971 Act”) and the [1974 c. 43.] Merchant Shipping Act 1974 (“the 1974 Act”) shall be amended in accordance with Parts I and II of Schedule 4 to this Act (which contain amendments designed to implement provisions of the following Conventions, namely—
(a) the International Convention on Civil Liability for Oil Pollution Damage 1984; and
(b) the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1984).
(2) Her Majesty may by Order in Council make such provision as appears to Her Majesty to be appropriate in connection with the implementation of any transitional provisions contained in those Conventions; and any such Order may in particular provide, in relation to occurrences of any description specified in the Order—
(a) for provisions of the l971 Act or the 1974 Act to have effect —
(i) to such extent as is so specified, as if Schedule 4 to this Act were not in force, and
(ii) to such extent as is so specified, as if that Schedule were in force;
(b) for any such provisions to have effect (whether as amended by that Schedule or not) subject to such modifications as are so specified.
(1) The Secretary of State may by regulations make, in relation to the transfer of cargo, stores, bunker fuel or ballast between ships while within the seaward limits of the territorial sea of the United Kingdom, such provision as he considers appropriate for preventing pollution, danger to health or to navigation, or hazards to the environment or to natural resources.
(2) Regulations under this section may, in particular, do any of the following things, namely—
(a) prohibit transfers of any specified description or prohibit transfers if, or unless, carried out in specified areas, circumstances or ways;
(b) make provision about—
(i) the design of, and standards to be met by, ships and equipment,
(ii) the manning of ships, including the qualifications and experience to be possessed by persons of any specified description employed on board, and
(iii) the qualifications and experience to be possessed by persons (whether masters or not) controlling the carrying out of transfers or operations ancillary thereto;
(c) provide for proposed transfers to be notified to and approved by persons appointed by the Secretary of State or another person, and for the supervision of transfers, and the inspection of ships and equipment, by persons so appointed;
(d) provide—
(i) for the procedure to be followed in relation to the approval of transfers to be such as may be prescribed by any document specified in the regulations, and
(ii) for references in the regulations to any document so specified to operate as references to that document as revised or re-issued from time to time;
(e) provide for the making and keeping of records about ships and equipment, the issuing of certificates, and the furnishing of information;
(f) require the payment of fees determined with the approval of the Treasury;
(g) provide for the granting by the Secretary of State or another person of exemptions from specified provisions of the regulations, on such terms (if any) as the Secretary of State or that other person may specify, and for altering or cancelling exemptions;
(h) limit any provision of the regulations to specified cases or kinds of case.
(3) Regulations under this section may provide—
(a) that a contravention of the regulations shall be an offence punishable on summary conviction by a fine not exceeding £25,000 and on conviction on indictment by imprisonment for a term not exceeding two years or a fine or both;
(b) that any such contravention shall be an offence punishable only on summary conviction by a fine not exceeding £25,000 or such lower amount as is prescribed by the regulations;
(c) that, in such cases as are prescribed by the regulations, such persons as are so prescribed shall each be guilty of an offence created by virtue of paragraph (a) or (b) above.
(1) The [1949 c. 74.] Coast Protection Act 1949 shall be amended as follows.
(2) In section 34(1) (restriction of works detrimental to navigation and carried out below high water mark of ordinary spring tides)—
(a) in paragraph (a), for “high water mark of ordinary spring tides” there shall be substituted “the level of mean high water springs”;
(b) in paragraph (c), for “low water mark of ordinary spring tides” there shall be substituted “the level of mean low water springs”; and
(c) for the words from “so that” onwards there shall be substituted “if the operation (whether while being carried out or subsequently) causes or is likely to result in obstruction or danger to navigation.”
(3) The following subsection shall be inserted after section 34(3)—
“(3A) Any reference in subsection (1) or (3) above to an operation being likely to result in obstruction or danger to navigation shall, in the case of an operation falling within subsection (1)(a) above, be construed as including a reference to its being likely to result in obstruction or danger to navigation by reason of any use intended to be made of the works in question when constructed, altered or improved.”
(4) The following subsection shall be inserted after section 34(4)—
“(4A) Any condition subject to which the Secretary of State has given his consent for an operation falling within subsection (1)(a) of this section—
(a) shall (subject to paragraph (d) below) either remain in force for a specified period or remain in force without limit of time;
(b) shall (in addition to binding the person to whom the consent is given) bind, so far as is appropriate, any other person who for the time being owns, occupies, or enjoys any use of, the works in question;
(c) may, if the condition relates—
(i) to the provision of any lights, signals or other aids to navigation, or
(ii) to the stationing of guard ships in the vicinity of the works in question or to the taking of any other measures for the purpose of, or in connection with, controlling the movements of ships in the vicinity of those works,
be varied by the Secretary of State in the interests of the safety of navigation (whether or not the operation has been completed) in such manner as he thinks fit for the purpose of enhancing the effectiveness of any such aids or measures as are mentioned in sub-paragraph (i) or (ii) above; and
(d) may, if the Secretary of State thinks fit, be revoked by him.”
Merchant Shipping Act 1988