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Merchant Shipping Act 1970
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Changes over time for: Section 76
Version Superseded: 08/07/1991
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- 01/02/1991- Amendment
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- 01/01/1996- Amendment
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76 Inspections.U.K.
(1)For the purpose of seeing that the provisions of the Merchant Shipping Acts and regulations and rules made thereunder [F1or that the terms of any approval, licence, consent, direction or exemption given by virtue of such regulations] are duly complied with any of the following persons, that is to say,—
(a)a surveyor of ships;
(b)a superintendent;
(c)any person appointed by the Board of Trade, either generally or in a particular case, to exercise powers under this section;
may at all reasonable times go on board a ship and inspect the ship and its equipment or any part thereof, any articles on board, and any document carried in the ship in pursuance of the Merchant Shipping Acts or regulations or rules made thereunder; and if the ship is registered in the United Kingdom the powers conferred by this subsection may also be exercised outside the United Kingdom and may be so exercised by a proper officer as well as by the persons mentioned in paragraphs (a) to (c) of this subsection.
(2)A person exercising powers under this section shall not unnecessarily detain or delay a ship but may, if he considers it necessary in consequence of an accident or for any other reason, require a ship to be taken into dock for a survey of its hull or machinery.
(3)Where any such person as is mentioned in paragraphs (a) to (c) of subsection (1) of this section has reasonable grounds for believing that there are on any premises provisions or water intended for supply to a ship registered in the United Kingdom which, if provided on the ship, would not be in accordance with [F2Safety regulations made under section 21 of the Merchant Shipping Act 1979 containing requirements as to the provisions and water to be provided on ships], he may enter the premises and inspect the provisions or water for the purpose of ascertaining whether they would be in accordance with those regulations.
(4)If any person obstructs a person in the exercise of his powers under this section, or fails to comply with a requirement made under subsection (2) thereof, he shall be liable on summary conviction to a fine not exceeding [F3level 5 on the standard scale].
Textual Amendments
F1Words inserted by Merchant Shipping Act 1979 (c. 39), s. 37(5)(b)
F2Words substituted by S.I. 1989/102, reg. 1(3)(b)
F3Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46; (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G and (N.I.) S.I. 1984/703 (N.I. 3), art. 5
Modifications etc. (not altering text)
C1S. 76(1) extended by Merchant Shipping Act 1979 (c. 39), s. 37(5)(a)
C2S. 76(1) amended (prosp.) by Safety at Sea Act 1986 (c. 23, SIF 111), ss. 5(3), 15(3)
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