Merchant Shipping Act 1906

Part VU.K. Miscellaneous

50 Ships’ names.U.K.

(1)The Board of Trade, in conjunction with [F1the 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.

51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2U.K.

52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3U.K.

53Amendment of 57 & 58 Vict, c. 60. s. 48.U.K.

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.”

54—55.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4U.K.

[F556 Secound mate certificates allowed in small foreign-going sailing ships. U.K.

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.”]

57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6U.K.

[F758 Title to be rated as A.B.U.K.

(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 [F8five pounds][F8level 1 on the standard scale].]

59—63.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9U.K.

64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10U.K.

65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11U.K.

66–68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12U.K.

69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13U.K.

70, 71.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14U.K.

72 Delivery of wreck to receiver.U.K.

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.

73. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15U.K.

74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16U.K.

75 Substitution of ship surveyor for shipwright surveyor.U.K.

(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.

76 Return to be furnished by masters of ships as to passengers.U.K.

(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 [F17not exceeding [F18fifty pounds][F18level 2 on the standard scale]in the case of a failure or refusal and [F19two hundred pounds][F19level 3 on the standard scale]in the case of a false return or false information].

77 Return as to cattlemen brought to the United Kingdom.U.K.

(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 [F20[F21fifty pounds]][F20level 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 [F21such 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.

78 Dispensing powers of the Board of Trade.U.K.

(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.

79 Power to appoint advisory committees.U.K.

(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.

80 Power to register Government ships under the Merchant Shipping Acts.U.K.

(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.

81. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22U.K.

82 Amendment of procedure in Scotland.U.K.

The principal Act in its application to Scotland, is amended as follows:—

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26

83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27U.K.