An Act to amend the Merchant Shipping Acts 1894 to 1900.
[21st December 1906]
Modifications etc. (not altering text)
C1Power to adapt provisions of Act conferred by Merchant Shipping Act 1970 (c. 36), s. 90
C2Functions of Board of Trade now exercisable by Secretary of State by virtue of S.I. 1970/1537, art. 2 and S.I. 1983/1127, art. 2(4)
C3Act amended by S.I. 1983/708, regs. 1(3)(4)(b), 2
C4Act modified by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 47(2)(b) (with s. 58(4), Sch. 8 para. 1) and by S.I. 1989/1991, art. 10
C5Act excluded by S.I. 1989/1991, arts. 11–14
Textual Amendments
Section four hundred and sixty-two of the principal Act (which relates to the detention of foreign ships)—
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
. . . F2 shall apply with respect to any foreign ships being at any port in the United Kingdom, whether those ships take on board any cargo at that port or not.
Textual Amendments
F2S. 2 para. (1) and "(2)" repealed by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 57(5), Sch. 7, (with s. 58(4), Sch. 8 para. 1)
Textual Amendments
F3Ss. 3, 4 repealed by Merchant Shipping (Safety Convention) Act 1949 (c. 43), Sch. 3
Textual Amendments
F4S. 5 repealed by Statute Law Revision Act 1927 (c. 42)
Nothing in the foregoing provisions of this Part of this Act shall affect any foreign ship not bound to a port of the United Kingdom which comes into any port of the United Kingdom for any purpose other than the purpose of embarking or landing passengers, or taking in or discharging cargo or taking in bunker coal.
Textual Amendments
Textual Amendments
F6S. 9 repealed by Merchant Shipping Act 1970 (c. 36), Sch. 5
Textual Amendments
Textual Amendments
Textual Amendments
The definition of passenger steamer in section two hundred and sixty-seven of the principal Act shall be amended so as to include every foreign steamship (whether originally proceeding from a port in the United Kingdom or from a port out of the United Kingdom) which carries passengers to or from any place, or between any places, in the United Kingdom.
Textual Amendments
Where a passenger steamer takes on board passengers from a tender, or lands passengers by means of a tender, she shall be deemed to be taking the passengers on board from, or landing the passengers at, the port from or to which the tender comes or goes, and passengers conveyed in a tender to or from a ship from or to a place in the United Kingdom shall for the purposes of Part III. of the principal Act, and for the purposes of any returns to be made under the Merchant Shipping Acts, be deemed to be passengers carried from or to a place in the United Kingdom.
Modifications etc. (not altering text)
C6S. 15 explained by Merchant Shipping Act 1964 (c. 47), s. 17(2)
(1)A ship shall not carry passengers, . . . F11 on more than one deck below the water line.
(2)If this section is not complied with in the case of any ship the master of the ship shall for each offence be liable to a fine not exceeding five hundred pounds.
Textual Amendments
F11Words repealed by Merchant Shipping Act 1970 (c. 36), Sch. 5
Modifications etc. (not altering text)
Textual Amendments
If the provisions of the Merchant Shipping Acts which require a passenger steamer to be surveyed and to have a passenger steamer’s certificate are not complied with in the case of any such steamer, the master or owner of the steamer shall, without prejudice to any other remedy or penalty under the Merchant Shipping Acts, be liable on summary conviction to a fine not exceeding ten pounds for every passenger carried from or to any place in the United Kingdom, and the master or owner of any tender by means of which passengers are taken on board or landed from any such steamer shall be liable to a like penalty for every passenger so taken on board or landed.
Modifications etc. (not altering text)
If a passenger steamer has on board at any place a number of passengers which, having regard to the time, occasion, and circumstances of the case, is greater than the number allowed by the passenger steamer’s certificate, the owner or master of the steamer shall, for the purposes of section two hundred and eighty-three of the principal Act, be deemed to have received those passengers on board at that place.
Textual Amendments
Textual Amendments
(1) . . . F16, every British foreign-going ship of a thousand tons and upwards gross tonnage, going to sea from any place in the British Islands or on the continent of Europe between the River Elbe and Brest inclusive, shall be provided with and carry a duly certificated cook who is able to prove one month’s service at sea in some capacity.
(2)A cook shall not be deemed to be duly certificated within the meaning of this section unless he is the holder of a certificate of competency in cooking granted by the Board of Trade or by some school of cookery or other institution approved for the purpose by that Board, or is the holder of certificates of discharge showing at least two years’ service as cook previously to the said thirtieth day of June nineteen hundred and eight.
(3)The cook shall be rated in the ship’s articles as ship’s cook, or in the case of ships of not more than two thousand tons gross tonnage, or ships in which the crew, or the majority of the crew, provide their own provisions, either as ship’s cook or as cook and steward.
(4)In the case of an emigrant ship, the ship’s cook shall be in addition to the cook required by section three hundred and four of the principal Act.
(5)If the requirements of this section are not complied with in the case of any ship, the master or owner of the ship shall, if there is no sufficient reason for the failure to comply with the requirements, for each offence be liable on summary conviction to a fine not exceeding [F17twenty-five pounds][F17level 2 on the standard scale].]
Textual Amendments
F15S. 27 repealed by Merchant Shipping Act 1970 (c. 36), s. 101(4), Sch. 5: the repeal remainsprospective to the extent (see S.I. 1981/1186, Sch. Appendix) that s. 27 applies in relation to British ships registered outside the United Kingdom
F16Words repealed by Statute Law Revision Act 1927 (c. 42)
F17Words level 2 on the standard scale substituted (E.W.S.) for twenty five pounds by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G
Textual Amendments
(1)Every fine imposed on a seaman for any act of misconduct for which his agreement imposes a fine shall be deducted as follows (that is to say):—
(a)if the offender is discharged in the United Kingdom, and the offence, and the entry in the log-book required by the Merchant Shipping Acts in respect thereof, are proved to the satisfaction, . . . F20 of the superintendent . . . F20, the master or owner shall deduct the fine from the wages of the offender;
(b)if the offender enters His Majesty’s naval service or is discharged abroad, and the offence and the entry as aforesaid are proved to the satisfaction of the officer in command of the ship he so enters, or of the proper authority . . . F20, as the case may be, the fine shall be deducted as aforesaid and an entry made in the official log-book of the ship and signed by the officer or authority to whose satisfaction the offence is proved.
(2)Every fine so deducted shall be paid—
(a)if the offender is discharged in the United Kingdom, to the superintendent;
(b)if the offender enters His Majesty’s naval service, on the return of the ship to its port of destination, if that port is in the United Kingdom, to the superintendent . . . F20, and, if the port of destination is not in the United Kingdom, to the proper authority as defined for the purpose of this Part of this Act;
(c)if the offender is discharged at any place out of the United Kingdom, to the proper authority.
(3)A proper authority shall remit any amounts received by them under this section at such times and in such manner, and render such accounts in respect thereof, as the Board of Trade require.
(4)If a master or owner fails without reasonable cause to pay any fine as required by this section, he shall for each offence be liable on summary conviction to a fine not exceeding six times the amount of the fine not so paid.
(5)An act of misconduct for which any fine has been inflicted and paid by, or deducted from the wages of, the seaman, shall not be otherwise punished under the Merchant Shipping Acts.]
Textual Amendments
F19S. 44 repealed (prosp.) by Merchant Shipping Act 1970 (c. 36), s. 101(4), Sch. 5
F20Words repealed by Merchant Shipping Act 1970 (c. 36), Sch. 5
Textual Amendments
For the purposes of this Part of this Act, unless the context otherwise requires,—
(1)The expression proper authority means—
(a)as respects a place out of His Majesty’s dominions, the British consular officer, or, if there is no such officer in the place, any two British merchants resident at or near the place, or, if there is only one British merchant so resident, that British merchant; and
(b)as respects a place in a British possession—
(i)in relation to the discharge or leaving behind of seamen, or the payment of fines, a superintendent, or, in the absence of any such superintendent, the chief officer of customs at or near the place; and
(ii)in relation to distressed seamen, the governor of the possession, or any person acting under his authority; and
(2)The expression seamen includes not only seamen as defined by the principal Act, but also apprentices to the sea service:
(3)The provisions of this Part of this Act shall, for the purpose of sections two hundred and sixty to two hundred and sixty-six of the principal Act (which relate to the application of Part II. of that Act), be construed as if they were contained in Part II. of that Act.]
Textual Amendments
F22S. 49 repealed (prosp.) by Merchant Shipping Act 1970 (c. 36), s. 101(4), Sch. 5
(1)The Board of Trade, in conjunction with [F23the Commissioners of Customs and Excise], may make regulations enabling the Board of Trade to refuse the registry of any ship by the name by which it is proposed to register that ship if it is already the name of a registered British ship or a name so similar as to be calculated to deceive, and may by those regulations require notice to be given in such manner as may be directed by the regulations before the name of the ship is marked on the ship, or before the name of the ship is entered in the register.
(2)If the registry of a ship by the name by which it is proposed to register that ship is refused by the Board of Trade, or if any requirements of the regulations are not complied with in the case of any ship which it is proposed to register, that ship shall not be registered under the name proposed or until the regulations are complied with, as the case may be.
Textual Amendments
F23Words substituted by virtue of Customs and Excise Management Act 1979 (c. 2), Sch. 4 para. 1
Textual Amendments
F24S. 51 repealed by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 57(4)(5), Schs. 6, 7, (with s. 58(4), Sch. 8 para. 1)
Textual Amendments
The following subsection shall be substituted for subsection (2) of section forty-eight of the principal Act:—
“(2)If default is made in registering anew a ship, or in registering an alteration of a ship so altered as aforesaid, the owner of the ship shall be liable on summary conviction to a fine not exceeding one hundred pounds, and, in addition, to a fine not exceeding five pounds for every day during which the offence continues after conviction.”
Modifications etc. (not altering text)
C9The text of s. 53 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Textual Amendments
F26Ss. 54, 55 repealed by Merchant Shipping Act 1965 (c. 47), Sch. 2
The following paragraph shall be substituted for paragraph (b) of subsection (1) of section ninety-two of the principal Act (which relates to the certificates of competency to be held by officers of ships):—
“(b)If the ship is of one hundred tons burden or upwards with at least one officer besides the master holding a certificate not lower than that of—
(i)mate in the case of a home trade passenger ship;
(ii)secound mate in the case of a foreign-going sailing ship of not more than two hundred tons burden ; and
(iii)only mate in the case of any other foreign-going ship.”]
Textual Amendments
F27S. 56 repealed by Merchant Shipping Act 1970 (c. 36, SIF 111), Sch. 5 except to the extent (see S.I. 1981/1186, Sch. Appendix) that section 56 applies in relation to British ships registered outside the United Kingdom
Modifications etc. (not altering text)
C10The text of s. 56 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Textual Amendments
F28S. 57 repealed by Merchant Shipping Act 1970 (c. 36), Sch. 5
(1)For the purpose of reducing the period of service required as a qualification for the rating of A.B., the period of three years before the mast shall be substituted for the period of four years before the mast and two years of that employment shall be substituted for three years of that employment, and two or more years sea service shall be substituted for three or more years sea service, in section one hundred and twenty-six of the principal Act.
(2)Any superintendent or other officer before whom a seaman is engaged shall refuse to enter the seaman as A.B. on the agreement with the crew unless the seaman gives such satisfactory proof as is required by section one hundred and twenty-six of the principal Act of his title to be so rated; and if any seaman, for the purpose of obtaining a rating as A.B., makes any false statement or false representation, he shall be liable on summary conviction in respect of each offence to a fine not exceeding [F30five pounds][F30level 1 on the standard scale].]
Textual Amendments
F29S. 58 repealed (prosp.) by Merchant Shipping Act 1970 (c. 36), s. 101(4), Sch. 5
F30Words level 1 on the standard scale substituted (E.W.S.) for five pounds by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G
Modifications etc. (not altering text)
C11The text of s. 58(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Textual Amendments
F31Ss. 59–63, 65 repealed by Merchant Shipping Act 1970 (c. 36), Sch. 5
Textual Amendments
F32S. 64 repealed by Merchant Shipping Act 1970 (c. 36), s. 101(4), Sch. 5
Textual Amendments
F33Ss. 59–63, 65 repealed by Merchant Shipping Act 1970 (c. 36), Sch. 5
Textual Amendments
F34SS. 66–68 repealed by Merchant Shipping Act 1970 (c. 36), s. 101(4), Sch. 5
Textual Amendments
F35S. 69 repealed by Merchant Shipping Act 1984 (c. 5, SIF 111), s. 14(3)(4), Sch. 2
Textual Amendments
Section five hundred and eighteen of the principal Act shall apply to wreck found or taken possession of outside the limits of the United Kingdom, and brought within the limits of the United Kingdom, as it applies to wreck found or taken possession of within the limits of the United Kingdom.
Textual Amendments
F37S. 73 repealed by Pilotage Act 1913 (2 & 3 Geo. 5 c. 31), s. 60, Sch. 2
Textual Amendments
F38S. 74 repealed by Merchant Shipping Act 1970 (c. 36), Sch. 5
(1)Any person appointed to be a surveyor of ships under section seven hundred and twenty-four of the principal Act may be appointed either as a ship surveyor or as an engineer surveyor, or as both, and any reference in that section or in any other section of the principal Act to a shipwright surveyor shall be construed as a reference to a ship surveyor.
(2)Any surveyor of ships who before the passing of this Act has been appointed as a shipwright surveyor, or both as a shipwright surveyor and an engineer surveyor, shall be deemed to have been appointed as a ship surveyor, or both as a ship surveyor and an engineer surveyor, as the case may be.
(3)The surveys required to be made under section two hundred and seventy-two of the principal Act by a ship surveyor and by an engineer surveyor may be made by the same person if that person has been appointed both as a ship surveyor and as an engineer surveyor, and that section shall be contrued accordingly.
(4)The Board of Trade may, under subsection (2) of section seven hundred and twenty-four of the principal Act, in addition to appointing a surveyor-general of ships, appoint such other principal officers in connection with the survey of ships and other matters incidental thereto, as the Board think fit.
(1)The master of every ship, whether a British or foreign ship, which carries any passenger to a place in the United Kingdom from any place out of the United Kingdom, or from any place in the United Kingdom to any place out of the United Kingdom, shall furnish to such person and in such manner as the Board of Trade direct a return giving the total number of any passengers so carried, distinguishing, if so directed by the Board, the total number of any class of passengers so carried, and giving, if the Board of Trade so direct, such particulars with respect to passengers as may be for the time being required by the Board.
(2)Any passenger shall furnish the master of the ship with any information required by him for the purpose of the return.
(3)If the master of a ship fails to make a return as required by this section, or makes a false return, and if any passenger refuses to give any information required by the master of the ship for the purpose of the return required by this section, or gives any false information for the purpose, the master or passenger shall be liable for each offence on summary conviction to a fine [F39not exceeding [F40fifty pounds][F40level 2 on the standard scale]in the case of a failure or refusal and [F41two hundred pounds][F41level 3 on the standard scale]in the case of a false return or false information].
Textual Amendments
F39Words substituted by Merchant Shipping Act 1979 (c. 39), s. 43(6), Sch. 6 Pt. VI para. 13
F40Words level 2 on the standard scale substituted (E.W.S.) for fifty pounds by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G
F41Words level 3 on the standard scale substituted (E.W.S.) for two hundred pounds by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G
(1)The master of every ship which carries any cattlemen to any port in the United Kingdom from any port out of the United Kingdom shall furnish to such person and in such manner as the Secretary of State directs a return giving such particulars with respect to any cattlemen so carried as may be required for the time being by order of the Secretary of State, and every such cattleman shall furnish the master of the ship with any information required by him for the purpose of the return.
(2)If the master of a ship fails to make the return required by this section, or makes a false return, he shall be liable on summary conviction to a fine not exceeding [F42[F43fifty pounds]][F42level 2 on the standard scale], and if any cattleman refuses to give information required by the master for the purpose of the return under this section, or gives any false information for the purpose, he shall be liable on summary conviction to [F43such a fine].
(3)For the purpose of this section the expression cattleman means any person who is engaged or employed to attend during the voyage of the ship on any cattle carried therein as cargo.
Textual Amendments
F42Words level 2 on the standard scale substituted (E.W.S.) for fifty pounds by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G
F43Words substituted by Merchant Shipping Act 1979 (c. 39), s. 43(6), Sch. 6 Pt. VI para. 2
(1)The Board of Trade may, if they think fit, and upon such conditions (if any) as they think fit to impose, exempt any ship from any specified requirement contained in, or prescribed in pursuance of, the Merchant Shipping Acts, or dispense with the observance of any such requirement in the case of any ship, if they are satisfied that that requirement has been substantially complied with in the case of that ship, or that compliance with the requirement is unnecessary in the circumstances of the case, and that the action taken or provision made as respects the subject-matter of the requirement in the case of the ship is as effective as, or more effective than, actual compliance with the requirement.
(2)The Board of Trade shall annually lay before both Houses of Parliament a special report stating the cases in which they have exercised their powers under this section during the preceding year, and the grounds upon which they have acted in each case.
(1)The Board of Trade may, if they think fit, appoint committees for the purpose of advising them when considering the making or alteration of any rules, regulations, or scales for the purpose of the Merchant Shipping Acts, consisting of such persons as they may appoint representing the interests principally affected, or having special knowledge of the subject matter.
(2)There shall be paid to the members of any such committee, out of moneys provided by Parliament, such travelling and other allowances as the Board of Trade fix with the consent of the Treasury.
(3)Committees may be appointed under this section to advise the Board of Trade specially as regards any special rules, regulations, or scales, or generally as regards any class or classes of rules, regulations, or scales which the Board may assign to them.
(1)His Majesty may by Order in Council make regulations with respect to the manner in which Government ships may be registered as British ships for the purpose of the Merchant Shipping Acts, and those Acts, subject to any exceptions and modifications which may be made by Order in Council, either generally or as respects any special class of Government ships, shall apply to Government ships registered in accordance with those regulations as if they were registered in manner provided by those Acts.
(2)Nothing in this Act shall affect the powers of the Legislature of any British possession to regulate any Government ships under the control of the Government of that possession.
(3)In this section the expression Government ships means ships not forming part of His Majesty’s Navy which belong to His Majesty, or are held by any person on behalf of or for the benefit of the Crown, and for that reason cannot be registered under the principal Act.
Textual Amendments
F44S. 81 repealed by Merchant Shipping Act 1970 (c. 36), s. 101(4), Sch. 5
The principal Act in its application to Scotland, is amended as follows:—
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F45
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F46
(3) . . . F47 every offence referred to in section seven hundred and two of the principal Act may be prosecuted by indictment.
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F48
Textual Amendments
F45S. 82(1) repealed by Merchant Shipping Act 1970 (c. 36), Sch. 5
F46S. 82(2) repealed by Merchant Shipping Act 1979 (c. 39), Sch. 7 Pt. II
F47Words repealed by Statute Law Revision Act 1927 (c. 42)
F48S. 82(4) repealed by Statute Law Revision Act 1927 (c. 42)
Textual Amendments
F49s. 83 repealed by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 57(5), Sch. 7, (with s. 58(4), Sch. 8 para. 1)
(1)In this Act the expression principal Act means the M1Merchant Shipping Act 1894, and the expression Merchant Shipping Acts means the Merchant Shipping Acts 1894 to 1900, and this Act.
(2)Any reference in this Act to any provision of the Merchant Shipping Acts 1894 to 1900, which has been amended by any subsequent Act or is amended by this Act, shall be construed as a reference to the provision as so amended.
Marginal Citations
Textual Amendments
F50Ss. 85, 86(2) repealed by Statute Law Revision Act 1927 (c. 42)
(1)This Act may be cited as the Merchant Shipping Act 1906, and shall be construed as one with the principal Act, and the Merchant Shipping Acts 1894 to 1900, and this Act may be cited together as the Merchant Shipping Acts 1894 to 1906.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F51
Textual Amendments
F51Ss. 85, 86(2) repealed by Statute Law Revision Act 1927 (c. 42)
Modifications etc. (not altering text)
C12Unreliable marginal note
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F52Sch. 1 repealed by Merchant Shipping Act 1970 (c. 36), Sch. 5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F53Sch. 2 repealed by Statute Law Revision Act 1927 (c. 42)