Merchant Shipping Act 1979

The Pilotage Commission

1Constitution of Commission

2Payments by pilotage authorities to Commission

3Other financial provisions relating to Commission

4Functions of Commission

Other provisions relating to pilotage

6Review of pilotage services and non-compulsory pilotage areas

7Procedure connected with making and coming into force of pilotage orders

8Compulsory pilotage

9Pilotage charges

10Refusal and cancellation of pilotage certificates

11Employment of pilots by pilotage authorities

12Pilots' pension and compensation schemes

13Miscellaneous amendments etc of Pilotage Act 1913

Carriage of passengers and luggage by sea

14Scheduled convention to have force of law

15Provisions supplementary to s. 14

16Application of Schedule 3 to international carriage before coming into force of s. 14(1) and (2) and to domestic carriage

Liability of shipowners and salvors

17Limitation of liability

18Exclusion of liability

19Provisions supplementary to ss. 17 and 18

Prevention of pollution from ships etc.

20Prevention of pollution from ships etc.

Safety and health on ships

21Safety and health on ships

22Provisions supplementary to s. 21

23Breaches by seamen of codes of conduct and local industrial agreements

24Determination of amount of deductions from seamen's wages

25Unauthorised liquor on fishing vessels

26Extension of power to appoint Department of Trade inspectors

27Powers of Department of Trade inspectors

28Provisions supplementary to s. 27

Deaths on ships

29Inquiries as to whether person has died on United Kingdom ship etc.

30Record of certain deaths on ships etc.

31Dues for space occupied by deck cargo

32Shipping casualties

33Commissioners of Northern Lighthouses and Irish Lights

34Repeal of spent provisions, and amendment of Part XI, of Merchant Shipping Act 1894

35Amendment of s. 503 of Merchant Shipping Act 1894 etc.

36Amendments of Merchant Shipping (Mercantile Marine Fund) Act 1898

37Amendments of ss. 15, 43, 52, 54, 76(1), 92 and 101(4) of Merchant Shipping Act 1970 and s. 23 of the Prevention of Oil Pollution Act 1971

38Replacement of gold francs by special drawing rights for certain purposes of Merchant Shipping (Oil Pollution) Act 1971 and Merchant Shipping Act 1974

39Attachment of earnings

40Foreign action affecting shipping

41Application of Merchant Shipping Acts to certain structures etc.

42Alteration of time for certain summary prosecutions

43Alteration of penalties

44Offence in respect of dangerously unsafe ship

45Amendment of certain offences provisions of Merchant Shipping Act 1970

46Offences by officers of bodies corporate

47Power to extend Act to certain countries etc.

48Application to hovercraft

49Orders and regulations

50Interpretation and repeals

51Expenses etc.

52Citation and commencement

SCHEDULE 1Further provisions relating to constitution etc of Pilotage Commission

Tenure of members

1Subject to paragraphs 2 to 4 of this Schedule, a...

2A person shall not be appointed as a Commissioner and...

3(1) A person may at any time resign his office...

4If the Secretary of State is satisfied that a Commissioner—...

Remuneration of members

5The Commission shall pay to each Commissioner such remuneration and...

6Where a person ceases to be a Commissioner otherwise than...

7The quorum of the Commission and the arrangements relating to...

8(1) A Commissioner who is in any way directly or...

9The validity of any proceedings of the Commission shall not...

10The Commission may employ such persons as it considers are...

11The Commission may— (a) pay, to or in respect of...

12If a person employed by the Commission becomes a Commissioner...

13The fixing of the common seal of the Commission shall...

14A document purporting to be duly executed under the seal...

15In the preceding provisions of this Schedule " the Chairman...

SCHEDULE 2Miscellaneous amendments of Pilotage Act 1913

1In paragraph (h) of section 7(1) (which enables a pilotage...

2Section 8(2) (which relates to pilotage districts and authorities as...

3Section 9 (which provides for the appointment of a committee...

4Section 10(1) (which relates to areas in which pilotage was...

5(1) In paragraphs (k), (l), (m) and (p) of section...

6In section 18 (of which paragraphs (a) to (c) specify...

7In section 20(4) (which penalises a person who fails to...

8(1) In section 23(1) (which provides for the grant of...

9Section 24 (which specifies the special cases mentioned in subparagraph...

10(1) In section 27(1)(a) (which refers to a pilotage certificate...

11(1) In section 30(2) (which relates to dues payable in...

12In section 31 (which relates to the furnishing of information...

13(1) In section 32(1) (which provides that a ship while...

14Section 33(2) (under which a licensed pilot is required to...

15In section 35 (under which a pilot who in pursuance...

16In section 36(2) (which penalises a licensed pilot who refuses...

17In section 39— (a) in subsection (1) (which requires a...

18In section 42 (which among other things penalises the master...

19In section 43(3) (which penalises a master who fails to...

20(1) In section 44(2) (which requires a master of a...

21In section 45(3) (which penalises the master of a ship...

22In section 46 (which provides that a pilot of a...

23In section 48(1) (under paragraph (a) of which it is...

24In section 50 (which penalises a pilot who demands or...

25In section 51 (which provides that if a ship with...

26Section 56 (which provides that expenditure under the Pilotage Act...

27In section 61 (which relates to the extent and application...

SCHEDULE 3Convention relating to the Carriage of Passengers and their Luggage by Sea

PART IText of Convention

ARTICLE 1Definitions

ARTICLE 2Application

1This Convention shall apply to any international carriage if:

2Notwithstanding paragraph 1 of this Article, this Convention shall not...

ARTICLE 3Liability of the carrier

1The carrier shall be liable for the damage suffered as...

2The burden of proving that the incident which caused the...

3Fault or neglect of the carrier or of his servants...

ARTICLE 4Performing carrier

1If the performance of the carriage or part thereof has...

2The carrier shall, in relation to the carriage performed by...

3Any special agreement under which the carrier assumes obligations not...

4Where and to the extent that both the carrier and...

5Nothing in this Article shall prejudice any right of recourse...

ARTICLE 5Valuables

ARTICLE 6Contributory fault

ARTICLE 7Limit of liability for personal injury

1The liability of the carrier for the death of or...

2Notwithstanding paragraph 1 of this Article, the national law of...

ARTICLE 8Limit of liability for loss of or damage to luggage

1The liability of the carrier for the loss of or...

2The liability of the carrier for the loss of or...

3The liability of the carrier for the loss of or...

4The carrier and the passenger may agree that the liability...

ARTICLE 9Monetary unit and conversion

1The franc mentioned in this Convention shall be deemed to...

2The amounts referred to in Articles 7 and 8 shall...

ARTICLE 10Supplementary provisions on limits of liability

1The carrier and the passenger may agree, expressly and in...

2Interest on damages and legal costs shall not be included...

ARTICLE 12Aggregation of claims

1Where the limits of liability prescribed in Articles 7 and...

2In relation to the carriage performed by a performing carrier,...

3In any case where a servant or agent of the...

ARTICLE 13Loss of right to limit liability

1The carrier shall not be entitled to the benefit of...

2The servant or agent of the carrier or of the...

ARTICLE 14Basis for claims

ARTICLE 15Notice of loss or damage to luggage

1The passenger shall give written notice to the carrier or...

2If the passenger fails to comply with this Article, he...

3The notice in writing need not be given if the...

ARTICLE 16Time-bar for actions

1Any action for damages arising out of the death of...

2The limitation period shall be calculated as follows:

3The law of the court seized of the case shall...

4Notwithstanding paragraphs 1, 2 and 3 of this Article, the...

ARTICLE 17Competent jurisdiction

1An action arising under this Convention shall, at the option...

2After the occurrence of the incident which has caused the...

ARTICLE 18Invalidity of contractual provisions

ARTICLE 19Other conventions on limitation of liability

ARTICLE 20Nuclear damage

ARTICLE 21Commercial carriage by public authorities

PART IIProvisions having effect m connection with Convention

1In this Part of this Schedule any reference to a...

Provisions adapting or supplementing specified articles of the Convention

2For the purposes of paragraph 2 of article 2, provisions...

3The reference to the law of the court in article...

4The Secretary of State may by order provide that, in...

5The values which in pursuance of article 9 shall be...

6It is hereby declared that by virtue of article 12...

7Article 16 shall apply to an arbitration as it applies...

8The court before which proceedings are brought in pursuance of...

Other provisions adapting or supplementing the Convention

9Any reference in the Convention to a contract of carriage...

10If Her Majesty by Order in Council declares that any...

11The Secretary of State may by order make provision—

Application of ss. 502 and 503 of Merchant Shipping Act 1894 and sections 17 and 18 of this Act

12Nothing in section 502 of the Merchant Shipping Act 1894...

13It is hereby declared that nothing in the Convention affects...

PART IIIModifications of parts I and II in consequence of protocol of 19th November 1976

1In Part I of this Schedule, in article 7 of...

2In the said Part I, in article 8 of the...

3In the said Part I for article 9 there shall...

4In Part II of this Schedule for paragraph 5 there...

SCHEDULE 4Convention on Limitation of Liability for Maritime Claims 1976

PART IText of Convention

CHAPTER IThe Right of Limitation

ARTICLE 1Persons entitled to limit liability

1Shipowners and salvors, as hereinafter defined, may limit their liability...

2The term " shipowner "shall mean the owner, charterer, manager...

3Salvor shall mean any person rendering services in direct connexion...

4If any claims set out in Article 2 are made...

5In this Convention the liability of a shipowner shall include...

6An insurer of liability for claims subject to limitation in...

7The act of invoking limitation of liability shall not constitute...

ARTICLE 2Claims subject to limitation

1Subject to Articles 3 and 4 the following claims, whatever...

2Claims set out in paragraph 1 shall be subject to...

ARTICLE 3Claims excepted from limitation

ARTICLE 4Conduct barring limitation

ARTICLE 5Counterclaims

CHAPTER IILimits of Liability

ARTICLE 6The general limits

1The limits of liability for claims other than those mentioned...

2Where the amount calculated in accordance with paragraph 1(a) is...

4The limits of liability for any salvor not operating from...

ARTICLE 7The limit for passenger claims

1In respect of claims arising on any distinct occasion for...

2For the purpose of this Article "claims for loss of...

ARTICLE 8Unit of Account

1The Unit of Account referred to in Articles 6 and...

ARTICLE 9Aggregation of claims

1The limits of liability determined in accordance with Article 6...

2The limits of liability determined in accordance with Article 7...

ARTICLE 10Limitation of liability without constitution of a limitation fund

1Limitation of liability may be invoked notwithstanding that a limitation...

2If limitation of liability is invoked without the constitution of...

3Questions of procedure arising under the rules of this Article...

CHAPTER IIIThe Limitation Fund

ARTICLE 11Constitution of the fund

1Any person alleged to be liable may constitute a fund...

2A fund may be constituted, either by depositing the sum,...

3A fund constituted by one of the persons mentioned in...

ARTICLE 12Distribution of the fund

1Subject to the provisions of paragraphs 1 and 2 of...

2If, before the fund is distributed, the person liable, or...

3The right of subrogation provided for in paragraph 2 may...

4Where the person liable or any other person establishes that...

ARTICLE 13Bar to other actions

1Where a limitation fund has been constituted in accordance with...

2After a limitation fund has been constituted in accordance with...

3The rules of paragraphs 1 and 2 shall apply only...

ARTICLE 14Governing law

CHAPTER IVScope of Application

PART IIProvisions having effect in connection with Convention

1In this Part of this Schedule any reference to a...

Right to limit liability

2The right to limit liability under the Convention shall apply...

Claims subject to limitation

3(1) Paragraph 1(d) of article 2 shall not apply unless...

Claims excluded from limitation

4(1) The claims excluded from the Convention by paragraph (b)...

The general limits

5(1) In the application of article 6 to a ship...

Limit for passenger claims

6(1) In the case of a passenger steamer within the...

Units of Account

7(1) For the purpose of converting the amounts mentioned in...

Constitution of fund

8(1) The Secretary of State may from time to time,...

Distribution of fund

9No lien or other right in respect of any ship...

Bar to other actions

10Where the release of a ship or other property is...

Meaning of " court"

11References in the Convention and the preceding provisions of this...

Meaning of " ship "

12References in the Convention and in the preceding provisions of...

Meaning of " State Party "

13An Order in Council made for the purposes of this...

SCHEDULE 5Liability of shipowners and salvors: consequential amendments

The Merchant Shipping (Liability of Shipowners and Others) Act 1900

1(1) In section 2(1) of the Merchant Shipping (Liability of...

The Pilotage Authorities (Limitation of Liability) Act 1936

2(1) In section 1(1) of the Pilotage Authorities (Limitation of...

The Crown Proceedings Act 1947

3For section 5 of the Crown Proceedings Act 1947, including...

The Hovercraft Act 1968

4In section 1(1)(i) of the Hovercraft Act 1968 for the...

The Carriage of Goods by Sea Act 1971

5In section 6(4) of the Carriage of Goods by Sea...

The Merchant Shipping (Oil Pollution) Act 1971

6(1) In sections 5(4)(b) and 7(b) of the Merchant Shipping...

SCHEDULE 6Alteration of Penalties

PART IMaximum Fine of £50 on Summary Conviction

PART IIMaximum Fine of £200 on Summary Conviction

PART IIIMaximum Fine of £500 on Summary Conviction

PART IVMaximum Fine of £1,000 on Summary Conviction

PART VFine on Conviction on Indictment and Maximum Fine of £1,000 on Summary Conviction

PART VIMiscellaneous Penalties on Summary Conviction

Maximum fines of £50

1In section 373(5)(d) of the Merchant Shipping Act 1894 (which...

2In subsection (2) of section 77 of the Merchant Shipping...

3In subsection (4) of section 6 of the Merchant Shipping...

4In sections 68(5), 69(5), 70(2), 71(2) and 72(4) of the...

Maximum fines of £200 and £20 a day

5In subsection (2) of section 48 of the Merchant Shipping...

6In subsections (2)(d) and (6A) of section 1 of the...

7In Schedule 1 to the Merchant Shipping (Load Lines) Act...

8In sections 2(2), 3(4), 62(6) and 65(3) of the Merchant...

9In section 77(1) of the Merchant Shipping Act 1970 (under...

10In section 667(3) of the Merchant Shipping Act 1894 (under...

11In subsection (2) of section 723 of the Merchant Shipping...

12Subsection (4) of section 724 of the Merchant Shipping Act...

13In section 76(3) of the Merchant Shipping Act 1906 (under...

14In subsection (5) of section 24 of the Merchant Shipping...

15In Schedule 1 to the Merchant Shipping (Load Lines) Act...

16In subsection (8) of section 9 of the Prevention of...

17In section 17(5) of the said Act of 1971 (which...

18In subsection (6) of section 3 of the Merchant Shipping...

19In subsection (9) of section 14 of the Merchant Shipping...

20In paragraph 3(2) of Schedule 5 to the Merchant Shipping...

PART VIIOther Penalties

The Merchant Shipping Act 1894

1At the end of section 66 of the Merchant Shipping...

2In section 73 of the Merchant Shipping Act 1894 (which...

3In section 271 of the Merchant Shipping Act 1894 (which...

4Subsection (3) of section 360 of the Merchant Shipping Act...

5In section 419(2) of the Merchant Shipping Act 1894 (which...

6In subsection (3) of section 422 of the Merchant Shipping...

7In subsection (2) of section 446 of the Merchant Shipping...

8In section 447 of the Merchant Shipping Act 1894 (under...

9In paragraph (a) of subsection (1) of section 680 of...

10In section 692(1) of the Merchant Shipping Act 1894 (which...

11In section 692(2) of the Merchant Shipping Act 1894 (which...

12In section 696(2) of the Merchant Shipping Act 1894 (under...

13In section 702 of the Merchant Shipping Act 1894 (which...

14For section 703 of the Merchant Shipping Act 1894 (which...

The Merchant Shipping Act 1921

15In section 2(1) of the Merchant Shipping Act 1921 (under...

The Merchant Shipping (Safety Convention) Act 1949

16In subsection (5) of section 3 of the Merchant Shipping...

The Merchant Shipping (Load Lines) Act 1967

17In section 4 of the Merchant Shipping (Load Lines) Act...

The Merchant Shipping Act 1970

18In section 19(5) of the Merchant Shipping Act 1970 (which...

19In section 27(1) of the Merchant Shipping Act 1970 (under...

20In section 28 of the Merchant Shipping Act 1970 (which...

21In section 30 of the Merchant Shipping Act 1970 (which...

The Merchant Shipping Act 1974

22In paragraph 5 of Schedule 2 to the Merchant Shipping...

SCHEDULE 7Enactments Repealed

PART IEnactments relating to liability of shipowners and salvors

PART IIOther enactments

Merchant Shipping Act 1979

1979 Chapter 39

An Act to make amendments of the law relating to pilotage, carriage by sea, liability of shipowners and salvors and pollution from ships and other amendments of the law relating to shipping, pollution and seamen.

[4th April 1979]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—