SCHEDULES

SCHEDULE 4 Pre-Consolidation Amendments

Wreck and salvage

19

Omit section 514 of the 1894 Act (receiver’s power to suppress plunder and disorder by force).

20

In section 515 of the 1894 Act (liability for plundering vessel)—

a

omit the words “and tumultuously”; and

b

for the words from “council” to “permit” substitute “ regional or islands council within whose area, or nearest to whose area, the plundering, damage or destruction took place and as if entitlement to such compensation arose under section 10 of the Riotous Assemblies (Scotland) Act 1822. ”.

21

In section 516 of the 1894 Act (exercise of powers of receiver in his absence)—

a

for subsection (1) substitute—

1

Where any function is conferred on the receiver by any of the preceding sections of this Act that function may be discharged by any officer of customs and excise or any principal officer of the coastguard.

b

in subsection (2) omit “ and shall place the same in the custody of the receiver ”.

22

In section 518 of the 1894 Act (duties of finder of wreck, etc)—

a

in paragraph (a), omit the words “of the district”;

b

in paragraph (b), for the words following “thereof” substitute “ give notice to the receiver that he has found or taken possession of it and, as directed by the receiver, either hold it to the receiver’s order or deliver it to the receiver; ”;

c

after “recovered” insert “ , except in Scotland, ”;

d

the existing words so amended shall be subsection (1) of the section; and

e

after that subsection add—

2

In Scotland, any sum payable under subsection (1) above to the owner of the wreck or to the persons entitled to the wreck shall, for the purposes of the sum’s recovery, be regarded as a debt due to the owner or as the case may be to those persons.

23

In section 520 of the 1894 Act (notice of wreck), for paragraphs (a) and (b), substitute—

a

make a record describing the wreck and any marks by which it is distinguished;

b

if, in his opinion, the value of the wreck exceeds £5,000 also transmit a similar description to the chief executive officer of Lloyds in London; and that officer shall cause it to be posted in some conspicuous place for inspection.

The record made by the receiver under paragraph (a) above shall be kept by him available for inspection by any person during reasonable hours without charge.

24

In section 522 of the 1894 Act (immediate sale in certain cases)—

a

for “five pounds” substitute “ £5,000 ”; and

b

for “warehousing” substitute “ storage ”.

25

In section 524 of the 1894 Act (notice of unclaimed wreck to person entitled), for the words from the beginning to “he” substitute “ Any person who is entitled to unclaimed wreck found on any place in the United Kingdom or in United Kingdom waters ”.

26

Omit section 528 of the 1894 Act (power of Secretary of State to purchase rights to wreck).

27

Omit section 529 of the 1894 Act (restriction on interfering with wreck by persons exercising Admiralty jurisdiction).

28

In section 537(2) of the 1894 Act (reward for information), for “five pounds” substitute “ £100 ”.

29

Omit section 543 of the 1894 Act (marking of anchors).

30

In sections 552(3), 555(1) and 556 of the 1894 Act (detention where claim exceeds £200 and apportionment of salvage up to, or exceeding, £200) for “two hundred pounds” substitute “ £5,000 ”.

31

1

In section 566 of the 1894 Act (appointment of receivers of wreck for districts) for the words following “appoint” substitute

one or more persons to be receiver of wreck for the purposes of this Part of this Act and a receiver so appointed shall discharge such functions as are assigned to him by the Secretary of State.

2

Such public notice of appointments to the office of receiver shall be given as appears to the Secretary of State to be appropriate.

32

In section 567(1) of the 1894 Act (receivers’ fees) for the words from “the several matters” to “as may be directed” substitute “ such matters as may be prescribed by regulations made by the Secretary of State by statutory instrument such fees as may be so prescribed ”.

33

In section 551(1) of the 1894 Act (valuation of property by receiver) omit the words from “of the district” to “made”.

34

Omit sections 558 to 564 of the 1894 Act (salvage by naval ships).