Merchant Shipping Act 2002
MERCHANT SHIPPING ACT 2002
1
BERMUDA
2002 : 35
MERCHANT SHIPPING ACT 2002
[Date of Assent: 18 December 2002]
[Operative Date: Notice in Gazette]
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
General
1 Citation and commencement
2 Interpretation
Application of Act to certain
descriptions of ships, etc.
3 Application of Act to non-
Bermuda ships
4 Application of Act to
Government ships
5 Application of Act to ships
chartered by demise to the
Crown
6 Application of Act to certain
structures, etc.
PART II
MARITIME ADMINISTRATION
Administration
7 General functions of the
Minister
8 Functions of the Minister in
relation to marine pollution
9 General power to dispense
10 Chief Marine Surveyor
11 Registrar of Shipping
12 Mercantile marine
superintendents
13 Transmission of documents to
Registrar
14 Returns, etc. to the Minister
15 Forms
PART III
BRITISH SHIPS
16 British ships and Bermuda
ships
17 British flag
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18 Offences relating to British
character of ship
19 Penalty for carrying improper
colours
20 Duty to show British flag
21 Duty to declare national
character of ship
22 Proceedings on forfeiture of a
ship
PART IV
REGISTRATION
General
23 Register of British ships
24 Registration of ships: basic
provisions
25 Registration regulations
26 Tonnage ascertained for
registration to be tonnage of
ship
27 Tonnage of ships of foreign
countries adopting tonnage
regulations
28 Status of certificate of registry
29 Offences relating to a ship's
British ownership and
Bermuda connection
30 Private law provisions for
registered ships and liability
as owner
Ships on charter by demise
31 Ships chartered-in by demise
by British charterers
32 Ships chartered-out by demise
Supplemental
33 Tonnage regulations
34 Proceedings on forfeiture of
ship
35 Disclosure of information
relating to registration by
other government departments
36 Interpretation
PART V
MASTERS AND SEAMEN
Application of Part
37 Application of this part
Engagement and discharge of crews
38 Crew agreements
39 Regulations relating to crew
agreements
40 Discharge of seamen
41 Seamen left behind abroad
otherwise than on discharge
42 Discharge of seamen when
ship ceases to be registered in
Bermuda
Wages etc.
43 Payment of seamen's wages
44 Account of seaman's wages
45 Regulations relating to wages
and accounts
46 Power of superintendent or
proper officer to decide
disputes about wages
47 Restriction on assignment of
and charge upon wages
48 Power of court to award
interest on wages due
otherwise than under crew
agreement
49 Allotment notes
50 Right of person named in
allotment to sue in own name
51 Right, or loss of right, to wages
in certain circumstances
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52 Protection of certain rights and
remedies
53 Trade disputes involving
seamen
54 Remedies of master for
remuneration, disbursements
and liabilities
Safety, health and welfare
55 Obligation of shipowners as to
seaworthiness
56 Crew accommodation
57 Complaints about provisions
or water
58 Expenses of medical and other
treatment during voyage
Manning, qualifications, training and
uniform
59 Manning
60 Power to exempt from
manning requirements
61 Prohibition of going to sea
undermanned
62 Production of certificates and
other documents of
qualification
63 Crew's knowledge of English
64 Unqualified persons going to
sea as qualified officers or
seamen
65 Medical treatment on board
ship
66 Special certificates of
competence
67 Young persons
68 Financial assistance for
training
69 Uniform
Offences by seamen, etc.
70 Conduct endangering ships,
structures or individuals
71 Concerted disobedience and
neglect of duty
Disciplinary offences
72 Breaches by seamen of codes
of conduct
Disqualification of seamen and
inquiries
73 Inquiry into fitness or conduct
of officer
74 Disqualification of holder of
certificate other than officer's
75 Inquiry into fitness or conduct
of seaman other than officer
76 Re-hearing of and appeal from
inquiries
77 Rules as to inquiries and
appeals
78 Failure to deliver cancelled or
suspended certificate
79 Power to restore certificate
80 Power to summon witness to
inquiry into fitness or conduct
of officer or other seaman
Civil liability of seamen for offences
81 Civil liability for absence
without leave
82 Civil liability for smuggling
83 Civil liability for fines imposed
under immigration laws
Relief and repatriation and relief
costs
84 Relief and return of seamen
etc. left behind and
shipwrecked
85 Limit of employer's liability
under section 84
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86 Recovery of expenses incurred
for relief and return, etc.
Documentation
87 Official log books
88 Lists of crew
89 Bermuda seamen's cards
90 Discharge books
91 Handing over of documents by
master
Interpretation
92 Interpretation
PART VI SAFETY
Safety and Health on Ships
93 Safety and health on ships
94 Provisions supplementary to
section 93: general
95 Provisions: supplementary to
section 93: dangerous goods
96 Safety of submersible and
supporting apparatus
Special provisions
97 Load lines
98 Charts and other information
99 Report of dangers to
navigation
Assistance at sea
100 Duty of ship to assist the other
in case of collision
101 Duty to assist ships, etc. in
distress
Unsafe ships
102 Meaning of "dangerously
unsafe ship"
103 Power to detain dangerously
unsafe ship
104 References of detention
notices to arbitration
105 Compensation in connection
with invalid detention of ship
106 Owner and master liable in
respect of dangerously unsafe
ship
107 Use of unsafe lighters, etc.
108 Owner liable for unsafe
operation of ship
Temporary exclusion zones
109 Power to establish temporary
exclusion zones
110 Temporary exclusion zones:
offences
Power to require ships to be moved
111 Power to require ships to be
moved
112 Offences in relation to section
111
113 Service of directions under
section 111.
Control of, and returns as to, persons
on ships
114 Offences in connection with
passenger ships
115 Power to exclude drunken
passengers from certain
passenger ships
116 Stowaways
117 Unauthorised presence on
board ship
118 Master's powers of arrest
119 Unauthorised persons:
offences relating to safety
120 Return to be furnished by
masters of ships as to
passengers
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121 Returns of births, marriages
and deaths in ships, etc.
PART VII
PREVENTION OF POLLUTION
CHAPTER I
Pollution Generally
122 Prevention of pollution from
ships etc.
123 Further provision for the
prevention of pollution from
ships
124 Regulation of transfers
between ships in territorial
waters
CHAPTER II
WASTE RECEPTION FACILITIES AT
HARBOURS
125 General
126 Waste management plans
127 Charges for and use of waste
reception facilities
128 Supplementary
129 Interpretation of Chapter II.
CHAPTER III
OIL POLLUTION
General provisions for preventing
pollution
130 Discharge of oil from ships
into certain Bermuda waters
131 Defences of owner or master
charged with offence under
section 130
132 Defences of occupier charged
with offence under section 130
133 Restrictions on transfer of oil
at night
134 Duty to report discharge of oil
into waters of harbours
Shipping casualties
135 Shipping casualties
136 Right to recover in respect of
unreasonable loss or damage
137 Application of sections 135
and 136 to pollution by
substances other than oil
138 Offences in relation to section
135
139 Service of directions under
section 135
140 Application of sections 135 to
139 to certain foreign and
other ships
Enforcement
141 Oil records
142 Prosecutions and enforcement
of fines
143 Power to detain ships for
section 130 offences
144 Interpretation of section 143
145 Enforcement and application
of fines
146 Enforcement of Conventions
relating to oil pollution
Miscellaneous and supplementary
147 Power of the Minister to grant
exemptions
148 Application to Government
ships
149 Interpretation
CHAPTER IV
LIABILITY FOR OIL POLLUTION
Preliminary
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150 Meaning of "The Liabilities
Convention" and related
expressions
Liability
151 Liability for oil pollution in
case of tankers
152 Liability for oil pollution in
case of other ships
153 Exceptions from liability under
sections 151 and 152
154 Restriction of liability for oil
pollution
Limitation of liability
155 Limitation of liability under
section 151
156 Limitation actions
157 Restriction on enforcement
after establishment of
limitation fund
158 Concurrent liabilities of
owners and others
159 Establishment of limitation
fund outside Bermuda
160 Extinguishment of claims
Compulsory insurance
161 Compulsory insurance against
liability for pollution
162 Issue of certificate by Minister
163 Rights of third parties against
insurers
Supplementary
164 Jurisdiction of Bermuda
courts and registration of
foreign judgments
165 Government ships
166 Limitation of liability under
section 152
167 Saving for recourse actions
168 Interpretation
CHAPTER V
INTERNATIONAL OIL POLLUTION
COMPENSATION FUND
Preliminary
169 Meaning of the "Liability
Convention", "the Fund
Convention" and related
expressions
Contributions to Fund
170 Contributions by importers of
oil and others
171 Power to obtain information
172 Liability of the Fund
173 Limitation of Fund's liability
under section 172
Supplemental
174 Jurisdiction and effect of
judgments
175 Extinguishment of claims
176 Subrogation
177 Supplementary provisions as
to proceedings involving the
Fund
178 Interpretation
PART VIII
LIABILITY OF SHIPOWNERS AND
OTHERS
Carriage of passengers and luggage
by sea
179 Scheduled convention to have
force of law
180 Application of Schedule 5 to
carriage within Bermuda
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Limitation of liability of shipowners,
etc. and salvors for maritime claims
181 Limitation of liability for
maritime claims
182 Exclusion of liability
Multiplefault; apportionment of
liability and contribution
183 Damage or loss:
apportionment of liability
184 Loss of life or personal
injuries: joint and several
liability
185 Loss of life or personal
injuries: right of contribution
Time limit for proceedings against
owners or ship
186 Time limit for proceedings
against owners or ship
Limitation of liability of harbour and
dock authorities
187 Limitation of liability
Application to Crown and its ships
188 Application to Crown and its
ships
PART IX
SALVAGE AND WRECK
CHAPTER I
SALVAGE
189 Salvage convention 1989 to
have force of law
190 Valuation of property by
Receiver
191 Detention of property liable for
salvage by Receiver
192 Sale of detained property by
Receiver
193 Apportionment of salvage
under $7,500 by the Receiver
194 Apportionment of salvage by
the court
195 Salvage claims against the
Crown and Crown rights of
salvage and regulation thereof
CHAPTER II
WRECK
Vessels in distress
196 Application of, and discharge
of function under section 197,
198 and 199
197 Duty of Receiver where vessel
in distress
198 Powers of Receiver in case of
vessel in distress
199 Power to pass over adjoining
land
Dealing with wreck
200 Duties of finder etc. of wreck
201 Provisions as respects cargo,
etc.
202 Receiver to give notice of
wreck
203 Claims of owners to wreck
204 Immediate sale of wreck in
certain cases
Unclaimed wreck
205 Right of Crown to unclaimed
wreck
206 Notice of unclaimed wreck to
be given to persons entitled
207 Disposal of unclaimed wreck
208 Effect of delivery of wreck
under this Part
Offences in respect of wreck
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209 Taking wreck to foreign port
210 Interfering with wrecked vessel
or wreck
211 Powers of entry etc.
CHAPTER III
SUPPLEMENTAL
Administration
212 Functions of Minister
213 Expenses and fees of Receiver
Release from customs control
214 Release of goods from customs
control
Removal of wrecks
215 Powers of Minister in relation
to wrecks
216 Interpretation
PART X
ENFORCEMENT OFFICERS AND
POWERS
Enforcement Officers
217 Appointment of inspectors and
surveyors
Inspection etc. powers
218 Powers to require production
of ships documents
219 Powers to inspect ships and
their equipment, etc.
220 Powers of inspectors in
relation to premises and ships
221 Provisions supplementary to
section 220
Improvement notices and prohibition
notices
222 Improvement notices
223 Prohibition notices
224 Provisions supplementary to
sections 222 and 223
225 References of notices to
arbitration
226 Compensation in connection
with invalid prohibition notices
227 Offences
PART XI
ACCIDENT INVESTIGATIONS AND
INQUIRIES
Marine accident investigations
228 Investigation of marine
accidents
229 Formal investigation into
marine accidents
230 Re-hearing of and appeal from
investigations
231 Rules as to investigations and
appeals
Inquiries into and reports on deaths
and injuries
232 Inquiries into deaths of crew
members and others
233 Transmission of particulars of
certain deaths on ships
PART XII
LEGAL PROCEEDINGS
Prosecution of offences
234 Time limit for summary
offences
235 Time limit for summary orders
236 Offences by officers of bodies
corporate
Jurisdiction
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237 Jurisdiction in relation to
offences
238 Jurisdiction over ships lying
off coast
239 Jurisdiction in cases of
offences on board ship
240 Offences committed by
Bermuda seamen
Return of offenders
241 Return of offenders
Detention of ship and distress on
ship
242 Enforcing detention of ship
243 Sums ordered to be paid
leviable by distress on the ship
Special evidential provisions
244 Depositions of persons abroad
admissible
245 Admissibility in evidence and
inspection of certain
documents
246 Admissibility of documents in
evidence
247 Inspection and admissibility in
evidence of copies of certain
documents
248 Proof, etc. of exemptions
Service of documents
249 Service of documents
PART XIII
SUPPLEMENTAL
Financial Provisions
250 Fees
Registration and tonnage fees
251 Registration fee
252 Tonnage Fee
253 Expenses charged on money
provided by Legislature
Subordinate Legislation
254 Regulations, rules and orders,
etc.
Final provisions
255 Repeals, consequential
amendments and transitional
provisions
SCHEDULES:
Schedule I Private Law
Provisions for
Registered Ships
Schedule 2 Regulations
Relating to
Submersible and
Supporting
Apparatus
Schedule 3 Load Lines
Schedule 4 Overall Limit on
Liability of Fund
Schedule 5 Convention
Relating to the
Carriage of
Passengers and
their Luggage by
Sea
Schedule 6 Convention on
Limitation of
Liability for
Maritime Claims
1976
Schedule 7 International
Convention on
Salvage 1989
Schedule 8 Registration and
Tonnage Fees
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Schedule 9 Repeals
Schedule 10 Consequential
amendments
Schedule 11 Saving and
transitional
provisions
MERCHANT SHIPPING ACT 2002
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WHEREAS it is expedient to consolidate the Merchant Shipping Acts 1894 to 1988 and
other enactment’s relating to merchant shipping:
Be it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent
of the Senate and the House of Assembly of Bermuda, and by the authority of the same, as
follows:—
PART 1
PRELIMINARY
General
Citation and commencement
1. This Act may be cited as the Merchant Shipping Act 2002 and shall come into operation
on such day as the Minister may appoint by notice published in the Gazette and the Minister may
appoint different days for different provisions.
Interpretation
2. (1) In this Act, unless the context otherwise requires
“Bermuda connection" has the meaning given in section 24(8);
"Bermuda ship" has the meaning given in section 16(3) except in the contexts there
mentioned;
"Bermuda waters" means the sea or other waters within the seaward limits of the
territorial sea of Bermuda;
"British citizen", "British overseas territories citizen", "British overseas citizen" and
"Commonwealth citizen" have the same meaning as in the British Nationality Act 1981
of the United Kingdom;
"British ship" has the meaning given in section 16(1);
"Chief Marine Surveyor" means the person referred to in section 10 and includes a
person authorised by him to perform his functions;
“commissioned military officer" means a commissioned officer in Her Majesty's land
forces on full pay;
"commissioned naval officer" means a commissioned officer of Her Majesty's Navy on full
pay;
“consular officer", in relation to a foreign country, means the officer recognised by Her
Majesty as a consular officer of that foreign country;
"contravention" includes failure to comply (and "failure" includes refusal);
"country" includes territory;
MERCHANT SHIPPING ACT 2002
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"Departmental inspector" and "Departmental officer" have the meanings given in section
217(8);
"fishing vessel" means a vessel for the time being used, or intended to be used, for, or in
connection with fishing for sea fish other than a vessel used for fishing otherwise than
for profit or a vessel for the time being used (or intended to be used) wholly for the
purpose of conveying persons wishing to fish for pleasure; and for the purposes of this
definition "sea fish" includes shellfish;
"foreign", in relation to a ship, means that it is not a Bermuda ship;
"functions" includes powers and duties;
"Government ship" has the meaning given in section 4;
"harbour" includes piers, jetties and other works in or at which ships can obtain shelter
or ship and unship goods or passengers;
"harbour authority" includes all persons entrusted with the function of constructing,
improving, managing, regulating, maintaining or lighting a harbour;
"master" includes every person (except a pilot) having command or charge of a ship;
“Minister" means the minister responsible for shipping;
"national waters", in relation to Bermuda, means Bermuda waters landward of the
baselines for measuring the breadth of its territorial sea;
"port" includes place;
“proper officer"
(a) in relation to a port in the United Kingdom or a relevant British possession,
means any officer exercising in that port functions similar to those of a
superintendent;
(b) in relation to any other port, means an officer exercising in that port functions
similar to those of a superintendent, or a consular officer appointed by Her
Majesty's Government in the United Kingdom;
"qualifying foreign ship" has the meaning given in subsection (2);
"the register" and "registered" have the meaning given in section 36(1);
"the Registrar", means the Registrar of Shipping or, as respects functions of his being
discharged by another authority or person, that authority or person;
“registration regulations" means regulations under section 25;
"relevant British possession" means —
(a) the Isle of Man;
(b) any of the Channel Islands; and
MERCHANT SHIPPING ACT 2002
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(c) any colony;
"right of innocent passage" shall be construed in accordance with the United Nations
Convention on the Law of the Sea;
"safety regulations" means regulations under section 93(1);
"seaman" includes every person (except masters and pilots) employed or engaged in any
capacity on board any ship;
"ship" includes every description of vessel used in navigation;
"superintendent" includes a person exercising the functions of a mercantile marine
superintendent pursuant to section 12;
"surveyor of ships" has the meaning given in section 217(8);
"the tonnage regulations" means regulations under section 33; and
"wages" includes emoluments.
(2) In this Act "qualifying foreign ship" means any ship other than
(a) a British ship; or
(b) a ship which is not registered under Part IV and which (although not by virtue of
section 16(1)(e) a British ship)
(i) is wholly owned by persons falling within subsection (2) below; and
(ii) is not registered under the law of a country outside Bermuda.
(3) The following persons fall within subsection (2), namely
(a) British citizens;
(b) British overseas territories citizens;
(c) British overseas citizens;
(d) persons who under the British Nationality Act 1981 are British subjects;
(e) British nationals (overseas) (within the meaning of that Act);
(f) British protected persons (within the meaning of that Act); or
(g) bodies corporate incorporated in Bermuda or in the United Kingdom or in any
relevant British possession and having their principal place of business in
Bermuda or in the United Kingdom or in any relevant British possession.
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Application of Act to certain descriptions of ships, etc.
Application of Act to non-Bermuda ships
3. (1) The Minister may make regulations specifying any description of non-Bermuda
ships and directing that such of the provisions of this Act and of instruments under this Act as
may be specified in the regulations —
(a) shall extend to non-Bermuda ships of that description and to masters and
seamen employed in them; or
(b) shall so extend in such circumstances as may be so specified, with such
modifications (if any) as may be so specified.
(2) Regulations under this section may contain such transitional, supplementary and
consequential provisions as appear to the Minister to be expedient.
(3) In this section "non-Bermuda ships" means ships which are not registered in
Bermuda.
Application of Act to Government ships
4. (1) Subject to any other provisions of it, this Act shall not apply to ships belonging to
Her Majesty.
(2) The Minister may make regulations with respect to the manner in which government
ships may be registered as British ships under Part IV; and this Act, subject to any exceptions
and modifications which may be made by the regulations, either generally or as respects any
special class of government ships, shall apply to government ships registered in accordance with
the regulations as if they were registered in accordance with Part IV.
(3) In this section, "Government ships" means ships not forming part of Her Majesty's
Navy which belong to Her 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 Part IV).
Application of Act to ships chartered by demise to the Crown
5. (1) This section applies to a ship if for the time being —
(a) the ship is —
(i) registered under Part IV; and
(ii) in the service of a government department by reason of a charter by
demise to the Crown; and
(b) there are in force under section 4(2) regulations providing for the registration of
government ships in the service of the relevant department.
(2) Where this section applies to any ship, the following statutory provisions, namely
(a) the provisions of the regulations referred to in subsection (1)(b) (excluding those
relating to registration under the regulations); and
MERCHANT SHIPPING ACT 2002
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(b) the provisions of this Act (as they apply by virtue of section 4(2)) and those
regulations;
shall (subject to subsections (3) and (4)) have the same effect in relation to that ship as they have
in relation to a government ship in the service of the relevant department (whether referred to as
such or as such a ship registered in pursuance of those regulations).
(3) Subject to subsection (4), Part IV shall have effect in relation to a ship to which this
section applies in like manner as if it were not, for the purposes of this Act, a ship belonging to
Her Majesty.
(4) The Minister may by order provide that any statutory provision falling within
subsection (2) or (3) and specified in the order —
(a) shall not have effect in accordance with that subsection in relation to a ship to
which this subsection applies; or
(b) shall so have effect in relation to such ship, but subject to such modifications as
are specified in the order.
(5) In the application of any provision of this Act (other than a provision of Part IV) in
relation to a ship to which this section applies, any reference to the owner of the ship shall be
construed as a reference to the relevant department.
(6) An order under this section may make such transitional, incidental or
supplementary provisions as appear to the Minister to be necessary or expedient.
Application of Act to certain structures, etc.
6. (1) The Minister may by order provide that a thing designed or adapted for use at sea
and described in the order is or is not to be treated as a ship for the purposes of any specified
provision of this Act or of an instrument made thereunder.
(2) An order under this section may —
(a) make different provision in relation to different occasions;
(b) if it provides that a thing is to be treated as a ship for the purposes of a specified
provision, provide that the provision shall have effect in relation to the thing with
such modifications as are specified.
(3) In this section "specified" means specified in the order.
PART II
MARITIME ADMINISTRATION
Administration
General functions of the Minister
7. (1) The Minister shall continue to have the general superintendence of all matters
relating to merchant shipping and seamen and is authorised to carry into execution the
MERCHANT SHIPPING ACT 2002
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provisions of this Act and of all statutory provisions relating to merchant shipping and seamen
for the time being in force, except where otherwise provided.
(2) The Minister shall be responsible for implementing the provisions of international
maritime conventions ratified by the United Kingdom on behalf of Bermuda.
Functions of the Minister in relation to marine pollution
8. (1) The Minister shall have the functions of taking, or co-ordinating, measures to
prevent, reduce and minimise the effects of, marine pollution.
(2) Without prejudice to the generality of subsection (1), the functions of the Minister
under that subsection include —
(a) the preparation, review and implementation of a national plan setting out
arrangements for responding to incidents which cause or may cause marine
pollution with a view to preventing such pollution or reducing or minimising its
effects;
(b) the acquisition, maintenance, use and disposal of ships, aircraft, equipment and
other property;
(c) the provision of services, including research, training and advice; and
(d) the giving of assistance to any other State or international institution under any
international agreement relating to the prevention, reduction or control of marine
pollution.
(3) Assistance under subsection (2)(d) shall be given on such terms as will secure
reimbursement of the cost of giving the assistance if and to the extent that reimbursement will be
practicable in the circumstances.
(4) The Minister may make reasonable charges for the supply of goods or services.
(5) Where under subsection (1) the Minister agrees that another person shall take any
measures to prevent, reduce or minimise the effects of marine pollution, he may agree to
indemnify that other person in respect of liabilities incurred by the person in connection with the
taking of the measures.
(6) In this section —
“marine pollution" means pollution caused by ships, offshore installations or submarine
pipelines affecting or likely to affect Bermuda or Bermuda waters;
“offshore installation" means any installation which is maintained for underwater
exploitation or exploration;
"pipeline" means a pipe or system of pipes (excluding a drain or sewer) for the conveyance
of any thing, together with any apparatus and works associated with such a pipe or
system including
(a) any apparatus for inducing or facilitating the flow of any thing through, or
through a part of, the pipe or system;
MERCHANT SHIPPING ACT 2002
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(b) any apparatus for treating or cooling any thing which is to flow through, or
through part of, the pipe or system;
(c) valves, valve chambers and similar works which are annexed to, or
incorporated in the course of, the pipe or system;
(d) apparatus for supplying energy for the operation of any such apparatus or
works as are mentioned in the preceding paragraphs;
(e) apparatus for the transmission of information for the operation of the pipe
or system;
(f) apparatus for the cathodic operation of the pipe or system; and
(g) a structure used or to be used solely for the support of a part of the pipe or
system;
"submarine" means in under or over Bermuda waters;
but no restriction as to the seas to which functions under this section extend is implied as
regards the functions mentioned in subsection (2)(d).
General power to dispense
9. (1) The Minister may, if he thinks fit, and upon such conditions (if any) as he thinks fit
to impose, exempt any ship from any specified requirement of, or prescribed under, this Act other
than Chapter III of Part VII ('Oil Pollution'), or dispense with the observance of any such
requirement in the case of any ship, if he is satisfied, as respects that requirement, of the matters
specified in subsection (2).
(2) Those matters are —
(a) that the requirement has been substantially complied with in the case of that
ship or that compliance with it is unnecessary in the circumstances; and
(b) 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.
Chief Marine Surveyor
10. (1) There shall be an officer known as the Chief Marine Surveyor for Bermuda whose
office shall be a public office.
(2) The Chief Marine Surveyor shall exercise such functions as are conferred on him by
this Act and shall perform such other functions as the Minister may direct.
(3) The Chief Marine Surveyor may authorise an officer of the Department of Maritime
Administration to exercise the functions and discharge the duties conferred on him by or under
this Act.
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Registrar of Shipping
11. (1) There shall continue to be a Registrar whose office shall be a public office.
(2) The Registrar shall exercise such functions as are conferred on him by this Act and
by regulations made thereunder.
(3) The Registrar shall not be liable to damages or otherwise for any loss accruing to
any person by reason of any act done or default made by him in his character of Registrar, unless
the same has happened through his neglect or wilful act.
Mercantile marine superintendents
12. The Chief Marine Surveyor shall exercise the functions conferred on mercantile marine
superintendents by this Act, and he may designate any marine surveyor to discharge the
functions conferred on mercantile marine superintendents by this Act.
Transmission of documents to Registrar
13. (1) The following duties are imposed on all superintendents and all officers of customs
as respects all documents which are delivered or transmitted to or retained by them in pursuance
of this Act.
(2) They shall take charge of the documents and keep them for such time (if any) as
may be necessary for the purpose of settling any business arising at the place where the
documents come into their hands, or for any other proper purpose.
(3) They shall, if required, produce them for any of those purposes, and shall then
transmit them to the Registrar.
(4) The Registrar shall return documents transmitted to him under subsection (3) for
such period as the Minister may direct.
Returns, etc. to the Minister
14. (1) All superintendents shall make and send to the Minister such returns or reports on
any matter relating to Bermuda ships or seamen as he may require.
(2) All consular officers abroad acting on the request of the Minister shall make and
send to the Minister such returns or reports on any matter relating to Bermuda ships or seamen
as he may require.
(3) All superintendents shall, when required by the Minister, produce to him or to his
officers all official log-books and other documents which are delivered to them under this Act.
(4) All surveyors of ships shall make such returns to the Minister as he may require
with respect to —
(a) the build, dimensions, draught, burden, speed and room for fuel of ships
surveyed by them; and
(b) the nature and particulars of machinery and equipment of such ships.
MERCHANT SHIPPING ACT 2002
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(5) The owner, master and engineer of any ship being surveyed shall, when required to
do so, give to the surveyors all such information and assistance within his power as the surveyors
require for the purpose of returns under subsection (4).
(6) If the owner, master and engineer of any ship on being required under subsection
(5) to give any information or assistance, fails, without reasonable excuse, to give the information
or assistance he shall be guilty of an offence and liable on summary conviction to a fine of
$2,000.
Forms
15. (1) The Minister may prepare and approve forms for any book, instrument or paper
required under this Act, and may alter such forms as he thinks fit.
(2) The Minister shall cause every such form to be marked with the distinguishing mark
of the Department of Maritime Administration and, before finally issuing any form or making any
alteration in a form, shall cause public notice thereof to be given in such manner as he thinks
requisite in order to avoid inconvenience.
(3) The Minister shall cause such forms to be supplied at the Department of Maritime
Administration, free of charge or at such reasonable prices as the Minister may fix, or he may
licence any person to print and sell the forms.
(4) Every such book, instrument or paper shall be made in the form (if any) approved by
the Minister or as near as circumstances permit; and unless so made shall not be admissible in
evidence in any civil proceedings on the part of the owner or master of any ship.
(5) Every such book, instrument or paper if made in a form purporting to be the proper
form and to be marked in accordance with subsection (2) shall be deemed to be in the form
required by this Act, unless the contrary is proved.
(6) The foregoing provisions do not apply where special provision is made by this Act.
(7) If any person prints, sells or uses any document purporting to be a form approved
by the Minister knowing that the document is not the form approved for the time being or that
the document has not been prepared or issued by the Minister that person shall be guilty of an
offence and liable on summary conviction to a fine of $1,000.
PART III
BRITISH SHIPS
British ships and Bermuda ships
16. (1) A ship is a British ship if
(a) the ship is registered in Bermuda under Part IV of this Act;
(b) the ship is a Government ship registered in Bermuda in pursuance of regulations
under section 4;
MERCHANT SHIPPING ACT 2002
20
(c) the ship is registered in the United Kingdom under Part II of the Merchant
Shipping Act 1995 of the United Kingdom;
(d) the ship is registered under the law of a relevant British possession; or
(e) the ship
(i) is not registered under Part IV; but
(ii) is wholly owned by qualified owners; and
(iii) is not registered under the law of a country outside Bermuda.
(2) For the purposes of subsection (1)(e), "qualified owners" means persons of such
description qualified to own British ships as is prescribed by regulations made by the Minister for
the purposes of that subsection.
(3) A ship is a "Bermuda ship" for the purposes of this Act (except sections 93(4) and
143(8) if the ship is registered in Bermuda under Part IV.
British flag
17. (1) The flag which every British ship is entitled to fly is
(a) the red ensign (without any defacement or modification); or
(b) (in the case of a Bermuda ship) the red ensign bearing the coat of arms of
Bermuda;
and subject to subsection (2) , no other colours.
(2) Subsection (1) does not apply to Government ships.
(3) The following are also proper national colours, that is to say
(a) any colours allowed to be worn in pursuance of a warrant from Her Majesty or
from the Secretary of State;
(b) in the case of British ships registered in a relevant British possession, any
colours consisting of the red ensign defaced or modified whose adoption for ships
registered in that possession is authorised or confirmed by Her Majesty or by the
competent authority in that possession.
Offences relating to British character of ship
18. (1) If the master or owner of a ship which is not a British ship does anything, or permits
anything to be done, for the purpose of causing the ship to appear to be a British ship then,
except as provided by subsections (2) and (3), the ship shall be liable to forfeiture and the master,
the owner and any charterer shall each be guilty of an offence.
(2) No liability arises under subsection (1) where the assumption of British nationality
has been made for the purpose of escaping capture by an enemy or by a foreign ship of war in the
exercise of some belligerent right.
MERCHANT SHIPPING ACT 2002
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(3) Where the registration of any ship has terminated by virtue of any provision of
registration regulations, any marks prescribed by registration regulations displayed on the ship
within the period of 14 days beginning with the date of termination of that registration shall be
disregarded for the purposes of subsection (1).
(4) If the master or owner of a British ship does anything, or permits anything to be
done, for the purpose of concealing the nationality of the ship, the ship shall be liable to forfeiture
and the master, the owner and any charterer of the ship shall each be guilty of an offence.
(5) Without prejudice to the generality of subsections (1) and (4), those subsections
apply in particular to acts or deliberate omissions as respects—
(a) the flying of a national flag;
(b) the carrying or production of certificates of registration or other documents
relating to the nationality of the ship; and
(c) the display of marks required by the law of any country .
(6) Any person guilty of an offence under this section shall be liable—
(a) on summary conviction, to a fine of $100,000;
(b) on conviction on indictment, to a fine of $200,000 or imprisonment for a term of
two years, or both.
(7) This section applies to things done outside, as well as to things done within,
Bermuda.
Penalty for carrying improper colours
19. (1) If any of the following colours, namely—
(a) any distinctive national colours except—
(i) the red ensign;
(ii) the red ensign bearing the coat of arms of Bermuda;
(iii) the Union flag (commonly known as the Union Jack) with a white border;
or
(iv) any colours authorised or confirmed under section 17(3); or
(b) any colours usually worn by Her Majesty's ships or resembling those of Her
Majesty; or
(c) the pendant usually carried by Her Majesty's ships or any pendant resembling
that pendant;
are hoisted on board any British ship without warrant from Her Majesty or from the Minister, the
master of the ship, or the owner of the ship (if on board), and every other person hoisting them
shall be guilty of an offence.
MERCHANT SHIPPING ACT 2002
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(2) A person guilty of an offence under subsection (1) shall be liable—
(a) on summary conviction, to a fine of $10,000;
(b) on conviction on indictment, to a fine of $50,000.
(3) If any colours are hoisted on board a ship in contravention of subsection (1) , any of
the following, namely—
(a) any commissioned naval or military officer;
(b) any officer of customs; or
(c) any British consular officer;
may board the ship and seize and take away the colours.
(4) Any colours seized under subsection (3) shall be forfeited to Her Majesty.
(5) In this section "colours" includes any pendant.
Duty to show British flag
20. A British ship shall hoist the red ensign or other proper national colours—
(a) on a signal being made to the ship by one of Her Majesty's ships (including any
ship under the command of a commissioned naval officer);
(b) on entering or leaving any foreign port; and
(c) in the case of ships of 50 or more tons gross tonnage, on entering or leaving any
British port.
Duty to declare national character of ship
21. (1) An officer of customs shall not grant a clearance or transire for any ship until the
master of such ship has declared to that officer the name of the nation to which he claims that
the ship belongs, and that officer shall thereupon enter that name on the clearance or transire.
(2) If a ship attempts to proceed to sea without such clearance or transire, the ship may
be detained until the declaration is made.
Proceedings on forfeiture of a ship
22. (1) Where any ship has either wholly or as to any share in it become liable to forfeiture
under this Part—
(a) any commissioned naval or military officer; or
(b) any person appointed by the Minister for the purposes of this section;
may seize and detain the ship and bring the ship for adjudication before the court.
(2) Where a ship is subject to adjudication under this section the court may—
MERCHANT SHIPPING ACT 2002
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(a) adjudge the ship and her equipment to be forfeited to Her Majesty in right of Her
Government in Bermuda; and
(b) make such order in the case as seems just.
(3) No officer or person bringing proceedings under this section shall be liable in
damages in respect of the seizure or detention of the ship, notwithstanding that the ship has not
been proceeded against or, if proceeded against, adjudicated not liable to forfeiture, if the court is
satisfied that there were reasonable grounds for the seizure or detention.
(4) If the court is not so satisfied the court may award costs and damages to the party
aggrieved and make such other order as the court thinks just.
(5) In this section "the court" means the Supreme Court.
PART IV
REGISTRATION
General
Register of British ships
23. (1) There shall continue to be a register of British ships for all registrations of ships in
Bermuda.
(2) The register shall be maintained by the Registrar.
(3) The register may be divided into parts so as to distinguish between classes or
descriptions of ships, and shall include a part for the registration of ships chartered-in by demise
charter by British charterers.
(4) The register shall be maintained in accordance with registration regulations and the
private law provisions for registered ships.
(5) The register shall be available for public inspection during office hours.
Registration of ships: basic provisions
24. (1) A ship is entitled to be registered if it is not a fishing vessel and —
(a) it is owned, to the prescribed extent, by persons qualified to own British ships;
and
(b) such other conditions are satisfied as are prescribed under subsection (2)(b); and
(c) an application for registration is duly made.
(2) It shall be for registration regulations—
(a) to determine the persons who are qualified to be owners of British ships, or
British ships of any class or description, and to prescribe the extent of the
ownership required for compliance with subsection (1)(a);
MERCHANT SHIPPING ACT 2002
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(b) to prescribe other requirements designed to secure that, taken in conjunction
with the requisite ownership, only ships having a Bermuda connection are
registered.
(3) The Registrar may, nevertheless, if registration regulations so provide, refuse to
register or terminate the registration of a ship if, having regard to any relevant requirements of
this Act, he considers it would be inappropriate for the ship to be or, as the case may be, to
remain registered.
(4) Except as provided by section 31(5), where a ship becomes registered at a time when
it is already registered under the law of a country other than Bermuda, the owner of the ship
shall take all reasonable steps to secure the termination of the ship's registration under the law of
that country.
(5) Subsection (4) does not apply to a ship which becomes registered on a transfer of
registration to the register from the United Kingdom or a relevant British possession.
(6) Any person who contravenes subsection (4) shall be guilty of an offence and liable
on summary conviction to a fine of $2,000.
(7) In this section "the relevant requirements of this Act" means the requirements of this
Act (including requirements falling to be complied with after registration) relating to—
(a) the condition of ships or their equipment so far as relevant to their safety or any
risk of pollution; and
(b) the safety, health and welfare of persons employed or engaged in them.
(8) In this Part
(a) references to qualifications for ownership of British ships are references to the
qualifications prescribed pursuant to subsection (1)(a), and "declaration of British
ownership" is to be construed accordingly;
(b) references to a Bermuda connection are references to compliance with the
conditions of entitlement imposed by subsection (1)(b), and "declaration of
Bermuda connection" is to be construed accordingly.
Registration regulations
25. (1) The Minister shall by regulations (to be known as registration regulations) provide
for and in connection with the registration of ships in Bermuda .
(2) Without prejudice to the generality of subsection (1), registration regulations may, in
particular, provide with respect to any of the following matters —
(a) the persons by whom and the manner in which applications in connection with
registration are to be made;
(b) the information and evidence (including declarations of Bermuda connection) to
be provided in connection with such applications and such supplementary
information or evidence as may be required by any specified authority;
MERCHANT SHIPPING ACT 2002
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(c) the shares in the property in, and the numbers of owners (including joint owners)
of, a ship permitted for the purposes of registration and the persons required or
permitted to be registered in respect of a ship or to be so registered in specified
circumstances;
(d) the issue of certificates (including provisional certificates) of registration, their
production and surrender;
(e) restricting and regulating the names of ships registered or to be registered;
(f) the marking of ships registered or to be registered, including marks for
identifying the port to which a ship is to be treated as belonging;
(g) the period for which registration is to remain effective without renewal;
(h) the production to the Registrar of declarations of British ownership or Bermuda
connection or other information relating thereto, as respects registered ships, at
specified intervals or at his request;
(i) the survey and inspection of ships registered or to be registered and the
recording of their tonnage as ascertained (or re-ascertained) under the tonnage
regulations;
(j) the refusal, suspension and termination of registration in specified
circumstances;
(k) matters arising out of the expiration, suspension or termination of registration
(including the removal of marks and the cancellation of certificates);
(l) the charging of fees in connection with registration or registered ships;
(m)the transfer of the registration of ships to and from the register from and to
registers or corresponding records in Bermuda, the United Kingdom or a relevant
British possession;
(n) inspection of the register;
(o) the payment of fees for any services provided or rendered under this Act and for
the inspection of any record or any document kept under this Act by a public
officer;
(p) any other matter which is authorised or required by this Part to be prescribed in
registration regulations.
(3) Registration regulations may —
(a) make different provision for different classes or descriptions of ships and for
different circumstances;
(b) without prejudice to paragraph (a), provide for the granting of exemptions or
dispensations by the Minister from specified requirements of the regulations,
subject to such conditions (if any) as he thinks fit to impose; and
MERCHANT SHIPPING ACT 2002
26
(c) make such transitional, incidental or supplementary provision as appears to the
Minister to be necessary or expedient, including provision authorising
investigations and conferring powers of inspection for verifying the British
ownership and Bermuda connection of a ship.
(4) Registration regulations —
(a) may provide for the registration of any class or description of ships to be such as
to exclude the application of the private law provisions for registered ships and, if
they do, may regulate the transfer, transmission or mortgaging of ships of the
class or description so excluded;
(b) may provide for any matter which is authorised or required by those provisions
to be prescribed by registration regulations; and
(c) shall provide precluding notice of any trust being entered in the register or being
receivable by the Registrar except as respects specified classes or descriptions of
ships or in specified circumstances.
(5) Registration regulations may create offences subject to the limitation that no offence
shall be punishable with imprisonment or punishable on summary conviction with a fine
exceeding $10,000.
(6) Registration regulations may provide for —
(a) the approval of forms by the Minister; and
(b) the discharge of specified functions by specified authorities or persons.
(7) Registration regulations may provide for any of their provisions to extend to places
outside Bermuda.
(8) Any document purporting to be a copy of any information contained in an entry in
the register and to be certified as a true copy by the Registrar shall be evidence of the matters
stated in the document.
(9) Registration regulations may provide that any reference in any other Act or in any
instrument made under any other Act to the port of registry or the port to which a ship belongs
shall be construed as a reference to the port identified by the marks required for the purpose by
registration regulations.
Tonnage ascertained for registration to be tonnage of ship
26. When the tonnage of any ship has been ascertained and registered in accordance with
the tonnage regulations that tonnage shall be treated as the tonnage of the ship except so far as
registration regulations provide, in specified circumstances, for the ship to be re-measured and
the register amended accordingly.
MERCHANT SHIPPING ACT 2002
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Tonnage of ships of foreign countries adopting tonnage regulations
27. (1) The Minister may by order make such provision in relation to the ships of a foreign
country as is authorised by this section where it appears to him that the tonnage regulations
have been adopted by the foreign country and are in force there.
(2) An order under this section may order that the ships of the foreign country shall,
without being re-measured in Bermuda be treated as being of the tonnage denoted by their
certificates of registration or other national papers, to the same extent, and for the same
purposes as the tonnage denoted in the certificate of registry of a Bermuda ship is treated as
being the tonnage of that ship.
(3) Where an order under this section is in force in relation to the ships of any country
any space shown in the ship's certificate of registry or other national papers as deducted from the
tonnage shall, if a similar deduction in the case of a Bermuda ship depends on compliance with
any conditions or on the compliance being evidenced in any manner, be treated as complying
with those conditions and as being so evidenced, unless a surveyor of ships certifies to the
Minister that the construction and equipment of the ship as respects that space do not come up
to the standard which would be required if the ship were a Bermuda ship.
(4) Any such order may —
(a) operate for a limited time; and
(b) be subject to such conditions and qualifications (if any) as the Minister may
consider expedient.
(5) If it appears to the Minister that the tonnage of any foreign ship, as measured by the
rules of the country to which the ship belongs, materially differs from what it would be under
the tonnage regulations, he may by order order that, notwithstanding any order in force under
this section, any of the ships of that country may, for all or any of the purposes of this Act, be re-
measured in accordance with the tonnage regulations.
Status of certificate of registry
28. The certificate of registry of a British ship shall be used only for the lawful navigation of
the ship, and shall not be subject to detention to secure any private right or claim.
Offences relating to a ship's British ownership and Bermuda connection
29. (1) Any person who, in relation to any matter relevant to the British ownership or
Bermuda connection of a ship —
(a) makes to the Registrar a statement which he knows to be false or recklessly
makes a statement which is false; or
(b) furnishes to the Registrar information which is false, shall be guilty of an offence.
(2) If at any time there occurs, in relation to a registered ship any change affecting the
British ownership of the ship or any change affecting the Bermuda connection of the ship, the
owner of the ship shall
MERCHANT SHIPPING ACT 2002
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(a) within 48 hours of the occurrence of the change affecting such ownership; or
(b) within 7 days of the occurrence of the change affecting such connection;
or such longer period as the Registrar may allow, notify the Registrar of that change; and if he
fails to do so he shall be guilty of an offence.
(3) Any person who intentionally alters, suppresses, conceals or destroys a document
which contains information relating to the British ownership or Bermuda connection of a ship
and which he has been required to produce to the Registrar in pursuance of registration
regulations shall be guilty of an offence.
(4) A person guilty of an offence under this section shall be liable —
(a) on summary conviction, to a fine of $10,000;
(b) on conviction on indictment, to a fine of $50,000, or to imprisonment for a term
of two years or both.
(5) This section applies to things done outside, as well as to things done within,
Bermuda.
Private law provisions for registered ships and liability as owner
30. (1) Schedule I (which provides relating to the title to, and the registration of mortgages
over, ships) shall have effect.
(2) Schedule I does not apply in relation to ships which are excluded from its
application by registration regulations under section 25(4)(a).
(3) Where any person is beneficially interested, otherwise than as mortgagee, in any
ship or share in a ship registered in the name of some other person as owner, the person so
interested shall, as well as the registered owner, be liable to any pecuniary penalties imposed by
or under this Act or any other Act on the owners of registered ships.
(4) Where the registration of any ship terminates by virtue of any provision of
registration regulations, the termination of that registration shall not affect any entry made in the
register so far as relating to any undischarged registered mortgage of that ship or of any share in
it.
(5) In subsection (4) "registered mortgage" has the same meaning as in Schedule I.
Ships on charter by demise
Ships chartered-in by demise by British charterers
31. (1) This section applies to any ship which
(a) is registered under the law of a country other than Bermuda whose merchant
shipping law is compatible with this Act ('the country of primary registration');
(b) is more than 24 metres in length;
MERCHANT SHIPPING ACT 2002
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(c) is chartered on demise charter terms to a charterer who is a person qualified to
own British ships; and
(d) is so chartered in circumstances where the conditions of entitlement to
registration prescribed under section 24(2)(b), read with the requisite
modifications, are satisfied as respects the charterer and the ship.
(2) The "requisite modifications" of those conditions are the substitution for any
requirement to be satisfied by or as respects the owner of a ship of a corresponding requirement
to be satisfied by or as respects the charterer of the ship.
(3) A ship to which this section applies is entitled to be registered if an application for
registration is duly made, but section 24(3) applies also in relation to registration by virtue of
this section.
(4) The registration of a ship registered by virtue of this section shall remain in force
(unless terminated earlier by virtue of registration regulations and subject to any suspension
thereunder) until the end of a period of five years from the date of registration or until the end of
the charter period (whichever is less) and shall then terminate by virtue of this subsection.
(5) Section 24(4) does not apply to a ship registered by virtue of this section but
registration regulations shall include provision for securing that the authority responsible for the
registration of ships in the country of primary registration is notified of the registration of the
ship and of the termination of its registration whether by virtue of subsection (4) or registration
regulations.
(6) Accordingly, throughout the period for which a ship is registered by virtue of this
section
(a) the ship shall, as a British ship, be entitled to fly the British flag as specified in
section 17(1);
(b) this Act shall, subject to subsections (7) and (8), apply to the ship as a British
ship or as a registered ship as it applies to other British ships and registered
ships; and
(c) any other enactment applicable to British ships or ships registered under this
Act shall, subject to subsection (8), apply to the ship as a British ship or as a
registered ship.
(7) The private law provisions for registered ships shall not apply to ships registered by
virtue of this section and any matters or questions corresponding to those for which the private
law provisions for registered ships provide shall be determined by reference to the law of the
country of primary registration.
(8) The Minister may, subject to subsection (9), by order provide that any enactment
falling within subsection (6)(b) or (c)
(a) shall not have effect in accordance with that subsection in relation to a ship
registered by virtue of this section; or
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(b) shall so have effect subject to such modifications (if any) as may be specified in
the order.
(9) No provision shall be made by an order under subsection (8) which would have the
effect of relaxing the relevant requirements of this Act (as defined in section 24(7)) in their
application to a ship to which this section applies.
(10) An order under subsection (8) may make such transitional, incidental or
supplementary provision as appears to the Minister to be necessary or expedient (including
provision divesting or providing for the divestment of ownership in the ship).
Ships chartered-out by demise
32. (1) This section applies to a Bermuda ship which is chartered on demise charter terms
providing for the registration of the ship under the law of a country other than Bermuda ("the
country of secondary registration").
(2) A ship to which this section applies may with the consent of the Registrar be
chartered-out on demise charter terms.
(3) The Registrar shall not give his consent unless
(a) he is satisfied that the merchant shipping law of the country of secondary
registration is compatible with this Act;
(b) he is satisfied that every registered mortgagee of the ship has consented to the
charter of the ship on demise charter terms and to its registration under the law
of the country of secondary registration;
(c) he is satisfied that the authority responsible for the registration of the ship in the
country of secondary registration has consented to such registration; and
(d) the owner of the ship has given him such undertakings as are required to be
given under regulations made under subsection (6) in connection with the
registration of the ship under the law of the country of secondary registration.
(4) Throughout the period for which the ship is registered in the country of secondary
registration
(a) the owner of the ship shall be liable to pay the annual tonnage fee payable
pursuant to section 252;
(b) except where the country of secondary registration is the United Kingdom or a
relevant British possession, the ship shall not be entitled to fly the British flag;
(c) the ship shall not be entitled to claim Hamilton as her home port;
(d) this Act, except for this section, shall not apply to the ship; and
(e) any other enactment applicable to British ships or ships registered under this
Act shall not apply to the ship.
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(5) The private law provisions for registered ships shall continue to apply to a Bermuda
ship chartered on demise charter terms and registered in a country of secondary registration,
and any matters or questions for which the private law provisions for registered ships provide
shall be determined by reference to the law of Bermuda.
(6) The Minister shall by regulations provide for and in connection with
(a) the form and manner of applications for the consent of the Registrar under
subsection (3);
(b) the information and evidence required to be provided to the Registrar in
connection with
(i) applications for consent; and
(ii) the registration of the ship in the country of secondary registration; and
(c) any matter which is authorised or required by the provisions of this section to be
prescribed by regulations.
(7) Regulations made under subsection (6) may create offences subject to the limitation
that no offence shall be punishable with imprisonment or punishable on summary conviction
with a fine exceeding $10,000.
(8) In section 31 and in this section
"demise charter terms", in relation to a ship, means the hiring of the ship for a stipulated
period on terms which give the charterer possession and control of the ship, including
the right to appoint the master and crew; and
"the charter period" means the period during which the ship is chartered on demise
charter terms.
Supplemental
Tonnage regulations
33. (1) The tonnage of any ship to be registered under this Part shall be ascertained in
accordance with regulations made by the Minister ("tonnage regulations").
(2) Tonnage regulations —
(a) may make different provisions for different descriptions of ships or for the same
description of ships in different circumstances;
(b) may make any regulation dependent on compliance with such conditions, to be
evidenced in such manner, as may be specified in the regulations;
(c) may prohibit or restrict the carriage of goods or stores in spaces not included in
the registered tonnage and may provide for making the master and the owner
each liable to a fine of $1,000 where such a prohibition or restriction is
contravened.
MERCHANT SHIPPING ACT 2002
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(3) Tonnage regulations may provide —
(a) for assigning to a ship, either instead of or as an alternative to the tonnage
ascertained in accordance with the other provisions of the regulations, a lower
tonnage applicable where the ship is not loaded to the full depth to which it can
safely be loaded;
(b) for indicating on the ship, by such mark as may be specified in the regulations,
that such a lower tonnage has been assigned to it; and
(c) where the lower tonnage has been assigned to it as an alternative, for indicating
on the ship the depth to which the ship may be loaded for the lower tonnage to
be applicable.
(4) Tonnage regulations may provide for the measurement and survey of ships to be
undertaken, in such circumstances as may be specified in the regulations by persons appointed
by such organisations or other persons as may be authorised for the purpose by the Minister.
(5) Tonnage regulations may provide for the issue, by the Minister or by persons
appointed by such organisations or other persons as may be authorised for the purpose by the
Minister, of certificates of the registered tonnage of any ship or of the tonnage which is to be
taken for any purpose specified in the regulations as the tonnage of a ship not registered in
Bermuda, and for the cancellation and delivery up of such certificates in such circumstances as
may be prescribed by the regulations.
(6) Regulations requiring the delivery up of any certificate may make a failure to comply
with the requirement an offence punishable on summary conviction with a fine of $1,000.
Proceedings on forfeiture of ship
34. Section 22 applies in relation to ships or shares in ships which become liable to forfeiture
under this Part as it applies in relation to ships or shares in ships which become liable to
forfeiture under Part III.
Disclosure of information relating to registration by other government departments
35. (1) No obligation as to secrecy or other restriction on the disclosure of information
(whether imposed by statute or otherwise) shall preclude any of the persons mentioned in
subsection (2) from disclosing—
(a) to the Minister;
(b) to the Registrar; or
(c) to an authorised officer of the Department of Maritime Administration;
information for the purpose of assisting the Minister in the performance of his functions under
this Part.
(2) The persons referred to in subsection (1) are—
(a) the Minister charged with responsibility for fisheries;
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(b) the Minister charged with responsibility for the environment;
(c) the Collector of Customs; and
(d) an authorised officer of the Ministry responsible for fisheries, the Ministry
responsible for the environment or the Department of Customs.
(3) Information obtained by any person in pursuance of subsection (1) shall not be
disclosed by him to any other person except where the disclosure is made—
(a) to a person to whom the information could have been disclosed by any of the
persons mentioned in subsection (2) in accordance with subsection (1); or
(b) for the purposes of any legal proceedings arising out of this Part.
Interpretation
36. (1) In this Part—
"Bermuda connection" and "declaration of Bermuda connection" have the meanings given
in section 24(8);
"the private law provisions for registered ships" means the provisions of Schedule 1 and
registration regulations made for the purposes of that Schedule or the provisions of
regulations made under section 25(4)(a);
"qualification for ownership of British ships" and "declaration of British ownership" has
the meaning given in section 24(8); and
"the register" means the register of British ships maintained for Bermuda under section
23 and "registered" (except with reference to the law of another country) is to be
construed accordingly.
(2) Where, for the purposes of any enactment the question arises whether a ship is
owned by persons qualified to own British ships, the question shall be determined by reference to
registration regulations made under section 24(1)(a).
PART V
MASTERS AND SEAMEN
Application of Part
Application of this Part
37. (1) With the exceptions specified in subsection (2), this Part applies only to ships which
are sea-going ships and masters and seamen employed in sea-going ships.
(2) Those exceptions are sections 56 , 59 to 64, 66, 67, 70 and 73 to 80 .
Engagement and discharge of crews
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Crew agreements
38. (1) Except as provided under subsection (5), an agreement in writing shall be made
between each person employed as a seaman in a Bermuda ship and the persons employing him
and shall be signed both by him and by or on behalf of them.
(2) The agreements made under this section with the several persons employed in a
ship shall be contained in one document (in this Part referred to as a crew agreement) except that
in such cases as the Minister may approve —
(a) the agreements to be made under this section with the persons employed in a
ship may be contained in more than one crew agreement; and
(b) one crew agreement may relate to more than one ship.
(3) The provisions and form of a crew agreement must be of a kind approved by the
Minister; and different provisions and forms may be so approved for different circumstances.
(4) Subject to the following provisions of this section, a crew agreement shall be carried
in the ship to which it relates whenever the ship goes to sea.
(5) The Minister may make regulations providing for exemptions from the requirements
of this section—
(a) with respect to such descriptions of ship as may be specified in the regulations or
with respect to voyages in such areas or such description of voyages as may be
so specified; or
(b) with respect to such descriptions of seamen as may be specified in the
regulations;
and the Minister may grant other exemptions from those requirements (whether with respect to
particular seamen or with respect to seamen employed by a specified person or in a specified ship
or in the ships of a specified person) in cases where the Minister is satisfied that the seamen to be
employed otherwise than under a crew agreement will be adequately protected.
(6) Where, but for an exemption granted by the Minister, a crew agreement would be
required to be carried in a ship or a crew agreement carried in the ship would be required to
contain an agreement with a person employed in a ship, the ship shall carry such document
evidencing the exemption as the Minister may direct.
(7) Regulations under this section may enable ships required under this section to carry
a crew agreement to comply with the requirement by carrying a copy thereof, certified in such
manner as may be provided by the regulations.
(8) If a ship goes to sea or attempts to go to sea in contravention of the requirements of
this section the master or the person employing the crew shall be guilty of an offence and liable
on summary conviction to a fine of $5,000 and the ship, if in Bermuda, may be detained.
Regulations relating to crew agreements
39. (1) The Minister may make regulations—
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(a) requiring such notice as may be specified in the regulations to be given to a
superintendent or proper officer, except in such circumstances as may be so
specified, before a crew agreement is made or an agreement with any person is
added to those contained in a crew agreement;
(b) providing for the delivery to a superintendent or proper officer or the Registrar of
crew agreements and agreements added to those contained in a crew agreement
and of copies of crew agreements and of agreements so added;
(c) requiring the posting in ships of copies of or extracts from crew agreements;
(d) requiring copies of or extracts from crew agreements to be supplied to members
of the crew demanding them and requiring copies of or extracts from documents
referred to in crew agreements to be made available, in such circumstances as
may be specified in the regulations, for inspection by members of the crew; and
(e) requiring any documents carried in a ship in pursuance of section 38 to be
produced on demand to a proper officer .
(2) Regulations under this section may make a contravention of any provision thereof
an offence punishable, on summary conviction, with a fine of $2,000 or such less amount as may
be specified in the regulations.
Discharge of seamen
40. (1) The Minister may make regulations prescribing the procedure to be followed in
connection with the discharge of seamen from Bermuda ships.
(2) Without prejudice to the generality of subsection (1), regulations under this section
may provide —
(a) requiring notice of such a discharge to be given at such time as may be specified
in the regulations to the superintendent or proper officer at a place specified in or
determined under the regulations;
(b) requiring such a discharge to be recorded, whether by entries in the crew
agreement and discharge book or otherwise, and requiring copies of any such
entry to be given to a superintendent or proper officer or the Registrar.
(3) Regulations under this section may provide that in such cases as may be specified
in the regulations, or except in such cases as may be specified in or determined under the
regulations, a seaman shall not be discharged outside Bermuda from a Bermuda ship without
the consent of the proper officer.
(4) Regulations under this section may make a contravention of any provision thereof
an offence punishable, on summary conviction, with a fine of $1,000 or such less amount as may
be specified in the regulations.
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Seamen left behind abroad otherwise than on discharge
41. Regulations made under section 40 may apply any provision thereof, with such
modifications as appear to the Minister to be appropriate, to cases where a seaman employed in a
Bermuda ship is left behind outside Bermuda otherwise than on being discharged from the ship.
Discharge of seamen when ship ceases to be registered in Bermuda
42. Where a Bermuda ship ceases to be registered, any seaman employed in the ship shall be
discharged from the ship unless he consents in writing to continue his employment in the ship;
and sections 43 to 46 shall apply in relation to his wages as if the ship had remained a
Bermuda ship.
Wages etc.
Payment of seamen's wages
43. (1) Where a seaman employed under a crew agreement relating to a Bermuda ship
leaves the ship on being discharged from it, then, except as provided by or under this Part or any
other enactment, the wages due to the seaman under the agreement shall either—
(a) be paid to him in full at the time when he so leaves the ship (in this section and
in section 44 referred to as the time of discharge); or
(b) be paid to him in accordance with subsections (4) and (5).
(2) If the amount shown in the account delivered to a seaman under section 44 (1) as
being the amount payable to him under subsection (1)(a) is replaced by an increased amount
shown in a further account delivered to him under section 44(3), the balance shall be paid to
him within seven days of the time of discharge; and if the amount so shown in the account
delivered to him under section 44 (1) exceeds $100 and it is not practicable to pay the whole of it
at the time of discharge, not less than $100 nor less than one-quarter of the amount so shown
shall be paid to him at that time and the balance within seven days of that time.
(3) If any amount which, under subsection (1)(a) or (2), is payable to a seaman is not
paid at the time at which it is so payable the seaman shall be entitled to wages at the rate last
payable under the crew agreement for every day on which it remains unpaid during the period of
56 days following the time of discharge; and if any such amount or any amount payable by virtue
of this subsection remains unpaid after the end of that period it shall, notwithstanding any other
provision of law, carry interest at the rate of 20 per cent. per annum.
(4) Where the crew agreement referred to in subsection (1) provides for the seaman's
basic wages to be payable up-to-date at specified intervals not exceeding one month, and for any
additional amounts of wages to be payable within the pay cycle following that to which they
relate, any amount of wages due to the seaman under the agreement shall (subject to subsection
(5)) be paid to him not later than the date on which the next payment of his basic wages following
the time of discharge would have fallen due if his employment under the agreement had
continued.
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(5) If it is not practicable, in the case of any amount due to the seaman by way of wages
additional to his basic wages, to pay that amount by the date mentioned in subsection (4) , that
amount shall be paid to him not later than what would have been the last day of the pay cycle
immediately following that date if his employment under the crew agreement had continued.
(6) If any amount which, under subsection (4) or (5), is payable to a seaman is not paid
at the time at which it is so payable, it shall, notwithstanding any other provision of law, carry
interest at the rate of 20 per cent. per annum.
(7) The provisions of subsection (3) or (6) shall not apply if the failure to pay was due
to—
(a) a mistake;
(b) a reasonable dispute as to liability;
(c) the act or default of the seaman; or
(d) any other cause, not being the wrongful act or default of the persons liable to pay
his wages or of their servants or agents;
and so much of those provisions as relates to interest on the amount due shall not apply if a
court in proceedings for its recovery so directs.
(8) Where a seaman is employed under a crew agreement relating to more than one
ship the preceding provisions of this section shall have effect, in relation to wages due to him
under the agreement, as if for any reference to the time of discharge there were substituted a
reference to the termination of his employment under the crew agreement.
(9) Where a seaman, in pursuance of section 42, is discharged from a ship outside the
country from which he was recruited but returns to such country under arrangements made by
the persons who employed him, the preceding provisions of this section shall have effect, in
relation to the wages due to him under a crew agreement relating to the ship, as if for the
references in subsections (1) to (4) to the time of discharge there were substituted references to
the time of his return to such country, and subsection (8) were omitted.
(10) For the purposes of this section any amount of wages shall, if not paid to him in
cash, be taken to have been paid to a seaman—
(a) on the date when a cheque, or a money or postal order issued by the Post Office,
for that amount was despatched by the recorded delivery service to the seaman's
last known address; or
(b) on the date when any account kept by the seaman with a bank or other
institution was credited with that amount.
Account of seaman's wages
44. (1) Subject to subsections (4) and (5) and to regulations made under section 45 or 84,
the master of every Bermuda ship shall deliver to every seaman employed in the ship under a
crew agreement an account of the wages due to him under that crew agreement and of the
deductions subject to which the wages are payable.
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(2) The account shall indicate that the amounts stated therein are subject to any later
adjustment that may be found necessary and shall be delivered not later than 24 hours before
the time of discharge or, if the seaman is discharged without notice or at less than 24 hours
notice, at the time of discharge.
(3) If the amounts stated in the account require adjustment the persons who employed
the seaman shall deliver to him a further account stating the adjusted amounts; and that
account shall be delivered not later than the time at which the balance of his wages is payable to
the seaman.
(4) Where section 43(4) or (5) applies to the payment of any amount of wages due to a
seaman under a crew agreement—
(a) the persons who employed the seaman shall deliver to him an account of the
wages payable to him under that subsection and of the deductions subject to
which the wages are payable; and
(b) any such account shall be so delivered at the time when the wages are paid to
him; and
(c) subsections (1) to (3) shall not apply;
and section 43(10) shall apply for the purposes of this subsection as it applies for the purposes of
that section.
(5) Where a seaman is employed under a crew agreement relating to more than one
ship any account which under the preceding provisions of this section would be required to be
delivered to him by the master shall instead be delivered to him by the persons employing him
and shall be so delivered on or before the termination of his employment under the crew
agreement.
(6) If a person fails without reasonable excuse to comply with the preceding provisions
of this section he shall be liable, on summary conviction, to a fine of $1,000.
Regulations relating to wages and accounts
45. The Minister may make regulations—
(a) authorising deductions to be made from the wages due to a seaman under a crew
agreement (in addition to any authorised by any provision of this Part or of any
other enactment for the time being in force) in cases where a breach of his
obligations under the agreement is alleged against him and such conditions, if
any, as may be specified in the regulations are complied with, or in such other
cases as may be specified in the regulations;
(b) regulating the manner in which any amounts deducted under the regulations are
to be dealt with;
(c) prescribing the manner in which wages due to a seaman under a crew agreement
are to be or may be paid;
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(d) regulating the manner in which such wages are to be dealt with and accounted
for in circumstances where a seaman leaves his ship otherwise than on being
discharged therefrom;
(e) prescribing the form and manner in which any account required to be delivered
by section 44 is to be prepared and the particulars to be contained therein
(which may include estimated amounts).
Power of superintendent or proper officer to decide disputes about wages
46. (1) Any dispute relating to the amount payable to a seaman employed under a crew
agreement may be submitted by the parties to a superintendent or proper officer for decision; but
the superintendent or proper officer shall not be bound to accept the submission or, if he has
accepted it, to decide the dispute, if he is of the opinion that the dispute, whether by reason of
the amount involved or for any other reason, ought not to be decided by him.
(2) The decision of a superintendent or proper officer on a dispute submitted to him
under this section shall be final.
Restriction on assignment of and charge upon wages
47. (1) As respects the wages due or accruing to a seaman employed in a Bermuda ship—
(a) the wages shall not be subject to attachment;
(b) an assignment thereof before they have accrued shall not bind the seaman and
the payment of the wages to the seaman shall be valid notwithstanding any
previous assignment or charge; and
(c) a power of attorney or authority for the receipt of the wages shall not be
irrevocable.
(2) Nothing in this section shall affect the provisions of this Part with respect to
allotment notes.
(3) Nothing in this section applies to any disposition relating to the application of
wages—
(a) in the payment of contributions to a fund declared by regulations made by the
Minister to be a fund to which this section applies; or
(b) in the payment of contributions in respect of the membership of a body declared
by regulations made by the Minister to be a body to which this section applies;
or to anything done or to be done for giving affect to such a disposition.
Power of court to award interest on wages due otherwise than under crew agreement
48. In any proceedings by the master of a ship or a person employed in a ship otherwise than
under a crew agreement for the recovery of any sum due to him as wages the court, unless it
appears to it that the delay in paying the sum was due to—
(a) a mistake;
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(b) a reasonable dispute as to liability;
(c) the act or default of the person claiming the amount; or
(d) any other cause, not being the wrongful act or default of the persons liable to make
the payment or their servants or agents;
may, notwithstanding any other provision of law, order them to pay, in addition to the sum due,
interest on it at the rate of 20 per cent. per annum or such lower rate as the court may specify,
for the period beginning seven days after the sum became due and ending when the sum is paid.
Allotment notes
49. (1) Subject to the following provisions of this section, a seaman may, by means of an
allotment note issued in accordance with regulations made by the Minister , allot to any person
or persons part of the wages to which he will become entitled in the course of his employment in
a Bermuda ship or ships.
(2) A seaman's right to make an allotment under this section shall be subject to such
limitations as may, by virtue of the following provisions of this section, be imposed by regulations
made by the Minister.
(3) Regulations made by the Minister for the purposes of this section may prescribe the
form of allotment notes and—
(a) may limit the circumstances in which allotments may be made;
(b) may limit (whether by reference to an amount or by reference to a proportion) the
part of the wages that may be allotted and the number of persons to whom it
may be allotted and may prescribe the method by which that part is to be
calculated;
(c) may limit the persons to whom allotments may be made by a seaman to persons
of such descriptions or persons standing to him in such relationships as may be
prescribed by the regulations;
(d) may prescribe the times and the intervals at which payments under allotment
notes are to be made.
(4) Regulations under this section may make different provision in relation to different
descriptions of seamen and different circumstances.
Right of person named in allotment to sue in own name
50. (1) A person to whom any part of a seaman's wages has been allotted by an allotment
note issued in accordance with regulations made under section 49 shall have the right to recover
that part in his own name and for that purpose shall have the same remedies as the seaman has
for the recovery of his wages.
(2) In any proceedings brought by a person named in such an allotment note as the
person to whom any part of a seaman's wages has been allotted it shall be presumed, unless the
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contrary is shown, that the seaman is entitled to the wages specified in the note and that the
allotment has not been varied or cancelled.
Right, or loss of right, to wages in certain circumstances
51. (1) Where a Bermuda ship is wrecked or lost a seaman whose employment in the ship
is thereby terminated before the date contemplated in the agreement under which he is so
employed shall, subject to the following provisions of this section, be entitled to wages at the rate
payable under the agreement at the date of the wreck or loss for every day on which he is
unemployed in the two months following that date.
(2) Where a Bermuda ship is sold while outside Bermuda or ceases to be a Bermuda
ship and a seaman's employment in the ship is thereby terminated before the date contemplated
in the agreement under which he is so employed, then, unless it is otherwise provided in the
agreement, he shall, subject to the following provisions of this section, be entitled to wages at the
rate payable under the agreement at the date on which his employment is terminated for every
day on which he is unemployed in the two months following that date.
(3) A seaman shall not be entitled to wages by virtue of subsection (1) or (2) for a day
on which he was unemployed, if it is shown—
(a) that the unemployment was not due to the wreck or loss of the ship or, as the
case may be, the termination of his employment on the sale of the ship or its
ceasing to be a Bermuda ship; or
(b) that the seaman was able to obtain suitable employment for that day but
unreasonably refused or failed to take it.
(4) This section shall apply to a master as it does to a seaman.
Protection of certain rights and remedies
52. (1) A seaman's lien, his remedies for the recovery of his wages, his right to wages in
case of the wreck or loss of his ship, and any right he may have or obtain in the nature of salvage
shall not be capable of being renounced by any agreement.
(2) Subsection (1) does not affect such of the terms of any agreement made with the
seamen belonging to a ship which, in accordance with the agreement, is to be employed on
salvage service, as provide for the remuneration to be paid to them for salvage services rendered
by that ship.
Trade disputes involving seamen
53. Notwithstanding anything in any agreement, a seaman employed in a ship registered in
Bermuda may terminate his employment in that ship by leaving the ship in contemplation or
furtherance of a labour dispute within the meaning of the Labour Relations Act 1975 after giving
to the master not less than 48 hours' notice of his intention to do so, and shall not be compelled,
unless the notice is withdrawn, to go to sea in the 48 hours following the giving of such a notice;
but such notice shall be of no effect unless at the time it is given the ship is securely moored to a
safe berth in port.
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Remedies of master for remuneration, disbursements and liabilities
54. The master of a ship shall have the same lien for his remuneration, and all
disbursements or liabilities properly made or incurred by him on account of the ship, as a
seaman has for his wages.
Safety, health and welfare
Obligation of shipowners as to seaworthiness
55. (1) In every contract of employment between the owner of a Bermuda ship and the
master of or any seaman employed in the ship there shall be implied an obligation on the owner
of the ship that—
(a) the owner of the ship;
(b) the master of the ship; and
(c) every agent charged with—
(i) the loading of the ship;
(ii) the preparing of the ship for sea; or
(iii) the sending of the ship to sea;
shall use all reasonable means to ensure the seaworthiness of the ship for the voyage at the time
when the voyage commences and to keep the ship in a seaworthy condition for the voyage during
the voyage.
(2) The obligation imposed by subsection (1) applies notwithstanding any agreement to
the contrary.
(3) No liability on the owner of a ship arises under subsection (1) in respect of the ship
being sent to sea in an unseaworthy state where, owing to special circumstances, the sending of
the ship to sea in such a state was reasonable and justifiable.
Crew accommodation
56. (1) The Minister may make regulations with respect to the crew accommodation to be
provided in Bermuda ships.
(2) Without prejudice to the generality of subsection (1), regulations made under this
section may, in particular—
(a) prescribe the minimum space per man which must be provided by way of
sleeping accommodation for seamen and the maximum number of persons by
whom a specified part of such sleeping accommodation may be used;
(b) regulate the position in the ship in which the crew accommodation or any part
thereof may be located and the standards to be observed in the construction,
equipment and furnishing of any such accommodation;
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(c) require the submission to a surveyor of ships of plans and specifications of any
works proposed to be carried out for the purpose of the provision or alteration of
any such accommodation and authorise the surveyor to inspect any such works;
and
(d) provide for the maintenance and repair of any such accommodation and prohibit
or restrict the use of any such accommodation for purposes other than those for
which it is designed.
(3) Regulations under this section may make different provision with respect to different
descriptions of ship or with respect to ships which were registered in Bermuda at different dates
or the construction of which was begun at different dates and with respect to crew
accommodation provided for seamen of different descriptions.
(4) Regulations under this section may exempt ships of any description from any
requirements of the regulations and the Minister may grant other exemptions from any such
requirement with respect to any ship.
(5) Regulations under this section may require the master of a ship or any officer
authorised by him for the purpose to carry out such inspections of the crew accommodation as
may be prescribed by the regulations.
(6) If the provisions of any regulations under this section are contravened in the case of
a ship the owner or master shall be guilty of an offence and liable, on summary conviction, to a
fine of $10,000 and the ship, if in Bermuda, may be detained.
(7) In this section "crew accommodation" includes sleeping rooms, mess rooms, sanitary
accommodation, hospital accommodation, recreation accommodation, store rooms and catering
accommodation provided for the use of seamen but does not include any accommodation which
is also used by or provided for the use of passengers.
Complaints about provisions or water
57. (1) If three or more seamen employed in a Bermuda ship consider that the provisions or
water provided for the seamen employed in that ship are not in accordance with safety
regulations containing requirements as to the provisions and water to be provided on ships
(whether because of bad quality, unfitness for use or deficiency in quantity) they may complain to
the master, who shall investigate the complaint.
(2) If the seamen are dissatisfied with the action taken by the master as a result of his
investigation or by his failure to take any action they may state their dissatisfaction to him and
may claim to complain to a superintendent or proper officer; and thereupon the master shall
make adequate arrangements to enable the seamen to do so as soon as the service of the ship
permits.
(3) The superintendent or proper officer to whom a complaint has been made under this
section shall investigate the complaint and may examine the provisions or water or cause them to
be examined.
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(4) If the master fails without reasonable excuse to comply with the provisions of
subsection (2) he shall be guilty of an offence and liable on summary conviction to a fine of
$1,000 and if he has been notified in writing by the person making an examination under
subsection (3) that any provisions or water are found to be unfit for use or not of the quality
required by the regulations, then—
(a) if they are not replaced within a reasonable time the master or owner shall be
guilty of an offence and liable on summary conviction to a fine of $5,000 unless
he proves that the failure to replace them was not due to his neglect or default;
or
(b) if the master, without reasonable excuse, permits them to be used he shall be
guilty of an offence and liable on summary conviction to a fine of $5,000.
Expenses of medical and other treatment during voyage
58. (1) If a person, while employed in a Bermuda ship, receives outside Bermuda any
surgical or medical treatment or such dental or optical treatment (including the repair or
replacement of any appliance) as cannot be postponed without impairing efficiency, the
reasonable expenses thereof shall be borne by the persons employing him.
(2) If a person dies while employed in a Bermuda ship and is buried or cremated
outside Bermuda, the expenses of his burial or cremation shall also be borne by those persons.
(3) The reference in subsection (2) to dying in a ship includes a reference to dying in a
ship's boat.
Manning, qualifications, training and uniform
Manning
59. (1) Subject to subsection (2), the Minister may make regulations —
(a) requiring ships to which this section applies to carry such number of qualified
officers of any description, qualified doctors and qualified cooks and such
number of other seamen or qualified seamen of any description as may be
specified in the regulations; and
(b) specifying standards of competence to be attained and other conditions to be
satisfied (subject to any exceptions allowed by or under the regulations) by
officers and other seamen of any description in order to be qualified for the
purposes of this section.
(2) The Minister shall not exercise his power to make regulations requiring ships to
carry seamen other than doctors and cooks except to the extent that it appears to him necessary
or expedient in the interests of safety.
(3) Regulations under this section may make different provision for different
descriptions of ship or for ships of the same description in different circumstances.
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(4) Without prejudice to the generality of subsection (1)(b), the conditions prescribed or
specified under that subsection may include conditions as to nationality; and regulations made
for the purposes of that subsection may provide, or enable the Minister to provide, for—
(a) the manner in which the attainment of any standard or the satisfaction of any
other condition is to be evidenced;
(b) the conduct of any examinations, the conditions for admission to them and the
appointment and remuneration of examiners; and
(c) the issue, form and recording of certificates and other documents;
and different provisions may be so made or enabled to be made for different circumstances.
(5) If a person makes a statement which he knows to be false or recklessly makes a
statement which is false in a material particular for the purpose of obtaining for himself or
another person a certificate or other document which may be issued under this section he shall
be guilty of an offence and liable on summary conviction to a fine of $10,000.
Power to exempt from manning requirements
60. (1) The Minister may exempt any ship or description of ship from any requirements of
regulations made under section 59.
(2) An exemption given under this section may be confined to a particular period or to
one or more particular voyages.
Prohibition of going to sea undermanned
61. (1) Subject to section 60, if a ship to which this section applies goes to sea or attempts
to go to sea without carrying such officers and other seamen as it is required to carry under
section 59, the owner or master shall be guilty of an offence and liable—
(a) on summary conviction, to a fine of $10,000;
(b) on conviction on indictment, to a fine of $50,000;
and the ship, if in Bermuda, may be detained.
(2) This section shall, in its application to ships which are not sea-going ships, have
effect as if for the words "goes to sea or attempts to go to sea" there were substituted the words
"goes on a voyage or excursion or attempts to do so" and the words "if in Bermuda" were omitted.
Production of certificates and other documents of qualification
62. (1) Any person serving or engaged to serve in any ship to which this section applies and
holding any certificate or other document which is evidence that he is qualified for the purposes
of section 59 shall on demand produce it to any superintendent, surveyor of ships or proper
officer and (if he is not himself the master) to the master of the ship.
(2) If, without reasonable excuse, a person fails to comply with subsection (1) he shall
be guilty of an offence and liable on summary conviction to a fine of $2,000.
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Crew's knowledge of English
63. (1) Where in the opinion of a superintendent or proper officer the crew of a ship to
which this section applies consists of or includes persons who may not understand orders given
to them in the course of their duty because of their insufficient knowledge of English and the
absence of adequate arrangements for transmitting the orders in a language of which they have
sufficient knowledge, then—
(a) if the superintendent or proper officer has informed the master of that opinion,
the ship shall not go to sea; and
(b) if the ship is in Bermuda, it may be detained.
(2) If a ship goes to sea or attempts to go to sea in contravention of this section the
owner or master shall be guilty of an offence and liable on summary conviction to a fine of
$10,000.
Unqualified persons going to sea as qualified officers or seamen
64. (1) If a person goes to sea as a qualified officer or seaman of any description without
being such a qualified officer or seaman he shall be guilty of an offence and liable—
(a) on summary conviction, to a fine of $10,000,
(b) on conviction on indictment, to a fine of $50,000.
(2) In this section "qualified" means qualified for the purposes of section 59.
Medical treatment on board ship
65. Where a Bermuda ship does not carry a doctor among the seamen employed in it the
master shall make arrangements for securing that any medical attention on board the ship is
given either by him or under his supervision by a person appointed by him for the purpose.
Special certificates of competence
66. (1) The Minister may issue and record documents certifying the attainment of any
standard of competence relating to ships or their operation, notwithstanding that the standard is
not among those prescribed or specified under section 59 (1)(b); and may, in relation thereto,
make regulations for purposes corresponding to those mentioned in section 59(4).
(2) If a person makes a statement which he knows to be false or recklessly makes a
statement which is false in a material particular for the purpose of obtaining for himself or
another person a document which may be issued under this section he shall be guilty of an
offence and liable on summary conviction to a fine of $10,000.
Young persons
67. (1) A person under school-leaving age shall not be employed in any Bermuda ship
except as permitted by regulations under this section.
(2) The Minister may make regulations—
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(a) prescribing circumstances in which and conditions subject to which persons
under school-leaving age who have attained such age as may be specified in the
regulations may be employed in a ship in such capacities as may be so specified;
(b) prescribing circumstances and capacities in which persons over school leaving-
age but under the age of 18 or under such lower age as may be specified in the
regulations must not be employed in a Bermuda ship or may be so employed
only subject to such conditions as may be specified in the regulations.
(3) Regulations made for the purposes of this section may make different provision for
different employment’s and different descriptions of ship and any other different circumstances.
(4) If any person is employed in a ship in contravention of this section or if any
condition subject to which a person may be employed under regulations made for the purposes of
this section is not complied with, the owner or master shall be guilty of an offence and liable on
summary conviction to a fine of $2,000.
(5) For the purposes of this section a person employed in a ship shall be deemed to be
over school-leaving age if he has, and under school leaving age if he has not, attained the age
which is the upper limit of compulsory school age in Bermuda.
Financial assistance for training
68. (1) The Minister may, with the consent of the Minister responsible for finance, give any
person or body of persons of any description determined by him for the purposes of this section
financial assistance in respect of expenses incurred or to be incurred by any such person or body
in connection with the training (whether in Bermuda or elsewhere) of officers and ratings for
service in merchant ships, including expenses incurred or to be incurred by any such person in
connection with his undergoing any such training.
(2) Assistance under this section may be given by way of a grant or a loan or otherwise;
and in giving any such assistance the Minister may impose such conditions as he thinks fit,
including conditions requiring a grant to be repaid in specified circumstances.
(3) This section is without prejudice to any other power of the Minister to give financial
assistance in connection with any such training as is mentioned in subsection (1).
Uniform
69. (1) Subject to subsection (3), if any person, not being entitled to wear the merchant
navy uniform, wears that uniform or any part thereof, or any dress having the appearance or
bearing any of the distinctive marks of that uniform, he shall be guilty of an offence.
(2) A person guilty of an offence under subsection (1) shall be liable, on summary
conviction—
(a) except in a case falling within paragraph (b), to a fine of $500.
(b) if he wears it in such a manner or under such circumstances as to be likely to
bring contempt on the uniform, to a fine of $ 500 or to imprisonment for a term
of one month or both.
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(3) Subsection (1) shall not prevent any person from wearing any uniform or dress in
the course or for the purposes of a stage play or representation, or a music-hall or circus
performance if the uniform is not worn in such a manner or under such circumstances as to
bring it into contempt.
(4) If any person entitled to wear the merchant navy uniform when aboard a ship in
port or on shore appears dressed partly in uniform and partly not in uniform under such
circumstances as to be likely to bring contempt on the uniform, or, being entitled to wear the
uniform appropriate to a particular rank or position, wears the uniform appropriate to some
higher rank or position, he shall be guilty of an offence and liable on summary conviction to a
fine of $500.
Offences by seamen, etc.
Conduct endangering ships, structures or individuals
70. (1) This section applies—
(a) to the master of, or any seaman employed in, a Bermuda ship; and
(b) to the master of, or any seaman employed in, a ship which—
(i) is registered under the law of any country outside Bermuda; and
(ii) is in a port in Bermuda or within Bermuda waters while proceeding to or
from any such port.
(2) If a person to whom this section applies, while on board his ship or in its immediate
vicinity—
(a) does any act which causes or is likely to cause—
(i) the loss or destruction of or serious damage to his ship or its machinery,
navigational equipment or safety equipment;
(ii) the loss or destruction of or serious damage to any other ship or any
structure; or
(iii) the death of or serious injury to any person; or
(b) omits to do anything required—
(i) to preserve his ship or its machinery, navigational equipment or safety
equipment from being lost, destroyed or seriously damaged;
(ii) to preserve any person on board his ship from death or serious injury; or
(iii) to prevent his ship from causing the loss or destruction of or serious
damage to any other ship or any structure, or the death of or serious
injury to any person not on board his ship;
and either of the conditions specified in subsection (3) is satisfied with respect to that act or
omission, he shall (subject to subsections (6) and (7) be guilty of an offence.
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(3) Those conditions are—
(a) that the act or omission was deliberate or amounted to a breach or neglect of
duty;
(b) that the master or seaman in question was under the influence of drink or a drug
at the time of the act or omission.
(4) If a person to whom this section applies—
(a) discharges any of his duties, or performs any other function in relation to the
operation of his ship or its machinery or equipment, in such a manner as to
cause, or to be likely to cause, any such loss, destruction, death or injury as is
mentioned in subsection (2)(a); or
(b) fails to discharge any of his duties, or to perform any such function, properly to
such an extent as to cause, or to be likely to cause, any of those things;
he shall (subject to subsections (6) and (7) ) be guilty of an offence.
(5) A person guilty of an offence under this section shall be liable—
(a) on summary conviction, to a fine of $10,000;
(b) on conviction on indictment, to a fine of $50,000 or to imprisonment for a term of
two years, or both.
(6) In proceedings for an offence under this section it shall be a defence to prove—
(a) in the case of an offence under subsection (2) where the act or omission alleged
against the accused constituted a breach or neglect of duty, that the accused
took all reasonable steps to discharge that duty;
(b) in the case of an offence under subsection (2), that at the time of the act or
omission alleged against the accused he was under the influence of a drug taken
by him for medical purposes and either that he took it on medical advice and
complied with any directions given as part of that advice or that he had no
reason to believe that the drug might have the influence it had;
(c) in the case of an offence under subsection (4), that the accused took all
reasonable precautions and exercised all due diligence to avoid committing the
offence; or
(d) in the case of an offence under either of those subsections—
(i) that he could have avoided committing the offence only by disobeying a
lawful command; or
(ii) that in all the circumstances the loss, destruction, damage, death or
injury in question, or (as the case may be) the likelihood of its being
caused, either could not reasonably have been foreseen by the accused
or could not reasonably have been avoided by him.
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(7) In the application of this section to any person falling within subsection (1)(b),
subsections (2) and (4) shall have effect as if subsection (2)(a)(i) and (b)(i) were omitted; and no
proceedings for any offence under this section shall be instituted against any such person except
by or with the consent of the Minister or the Director of Public Prosecutions.
(8) In this section—
"breach or neglect of duty", except in relation to a master, includes any disobedience to a
lawful command;
“duty"—
(a) in relation to a master or seaman, means any duty falling to be discharged by
him in his capacity as such; and
(b) in relation to a master, includes his duty with respect to the good management of
his ship and his duty with respect to the safety of operation of his ship, its
machinery and equipment; and
"structure" means any fixed or movable structure (of whatever description) other than a
ship.
Concerted disobedience and neglect of duty
71. (1) If a seaman employed in a Bermuda ship combines with other seamen employed in
that ship—
(a) to disobey lawful commands which are required to be obeyed at a time while the
ship is at sea;
(b) to neglect any duty which is required to be discharged at such a time; or
(c) to impede, at such a time, the progress of a voyage or the navigation of the ship;
he shall be guilty of an offence and liable—
(i) on summary conviction, to a fine of $10,000;
(ii) on conviction on indictment, to a fine of $50,000 or imprisonment for a
term of two years or both.
(2) For the purposes of this section a ship shall be treated as being at sea at any time
when it is not securely moored in a safe berth.
Disciplinary offences
Breaches by seamen of codes of conduct
72. (1) The Minister may make regulations under the following provisions of this section for
the purpose of maintaining discipline on board Bermuda ships; and in this section "disciplinary
body" means a body established or approved by the Minister under subsection (6).
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(2) Regulations may provide for the hearing on shore in Bermuda, by a disciplinary
body, of a complaint by the master or owner of a Bermuda ship against a seaman alleging that
during his employment on board the ship the seaman contravened a provision of a code of
conduct approved by the Minister for the purposes of this section.
The alleged contravention may be one on or off the ship and in Bermuda or elsewhere.
(3) Regulations may enable a disciplinary body—
(a) to dismiss the complaint if it finds the allegation not proved;
(b) if it finds the allegation proved—
(i) to warn the seaman;
(ii) to reprimand the seaman; or
(iii) to recommend to the Minister that the seaman shall, either for a period
specified in the recommendation or permanently, cease to be entitled to a
discharge book in pursuance of section 90 and shall be required to
surrender any such book which has been issued to him.
(4) Regulations may—
(a) enable the seaman to appeal against such a recommendation to another
disciplinary body (an "appellate body");
(b) enable an appellate body—
(i) to confirm the recommendation;
(ii) to cancel the recommendation; or
(iii) in the case of a recommendation that the seaman shall cease to be
entitled to a discharge book permanently or for a particular period, to
substitute for it a recommendation that he shall cease to be so entitled,
instead of permanently, for a period specified in the substituted
recommendation or, instead of for the particular period, for a shorter
period so specified.
(5) Regulations may provide for securing that a recommendation that the seaman shall
permanently cease to be entitled to a discharge book is not submitted to the Minister unless it
has been confirmed, either on appeal or otherwise, by an appellate body.
(6) Regulations may provide for the establishment or approval for the purposes of this
section of such number of bodies as the Minister thinks fit and with respect to the composition,
jurisdiction and procedure of any such body.
(7) Regulations may provide for the payment, out of money provided by the Legislature,
of such remuneration and allowances as the Minister may, with the consent of the Minister
responsible for finance, determine to any member of such a body.
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(8) Regulations may make different provision for different circumstances and may
contain such incidental and supplemental provisions as the Minister considers appropriate.
(9) Without prejudice to the generality of the preceding provisions, regulations may
include provision for any proceedings to take place notwithstanding the absence of the seaman to
whom they relate.
(10) Nothing in the regulations or done in pursuance of the regulations shall be
construed as affecting any power to institute, prosecute, entertain or determine proceedings
(including criminal proceedings) under any other enactment or at common law.
Disqualification of seamen and inquiries
Inquiry into fitness or conduct of officer
73. (1) If it appears to the Minister that an officer—
(a) is unfit to discharge his duties, whether by reason of incompetence or
misconduct or for any other reason; or
(b) has been seriously negligent in the discharge of his duties; or
(c) has failed to comply with the provisions of section 100;
the Minister may cause an inquiry to be held by one or more persons appointed by him and, if he
does so, may, if he thinks fit, suspend, pending the outcome of the inquiry, any certificate issued
to the officer in pursuance of section 59 and require the officer to deliver it to him.
(2) Where a certificate issued to an officer has been suspended under subsection (1)
the suspension may, on the application of the officer, be terminated by the Supreme Court and
the decision of the court on such an application shall be final.
(3) An inquiry under this section shall be conducted in accordance with rules made
under section 77(l) and those rules shall require the persons holding the inquiry to hold it with
the assistance of one or more assessors.
(4) The persons holding an inquiry under this section into the fitness or conduct of an
officer—
(a) may, if satisfied of any of the matters mentioned in paragraphs (a) to (c) of
subsection (1), cancel or suspend any certificate issued to him under section 59
or censure him;
(b) may make such order with regard to the costs of the inquiry as they think just;
and
(c) shall make a report on the case to the Minister;
and if the certificate is cancelled or suspended the officer (unless he has delivered it to the
Minister in pursuance of subsection (1), shall deliver it forthwith to the persons holding the
inquiry or to the Minister.
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(5) Any costs which a person is ordered to pay under subsection (4)(b) may be
recovered from him by the Minister.
Disqualification of holder of certificate other than officer's
74. (1) Where it appears to the Minister that a person who is the holder of a certificate to
which this section applies is unfit to be the holder of such a certificate, whether by reason of
incompetence or misconduct or for any other reason, the Minister may give him notice in writing
that he is considering the suspension or cancellation of the certificate.
(2) The notice must state the reasons why it appears to the Minister that that person is
unfit to be the holder of such a certificate and must state that within a period specified in the
notice, or such longer period as the Minister may allow, he may make written representations to
the Minister.
(3) After considering any representations made in pursuance of subsection (2) the
Minister shall decide whether or not to suspend or cancel the certificate and shall give the holder
of it written notice of his decision.
(4) Where the decision is to suspend or cancel the certificate the notice shall state the
date from which the cancellation is to take effect, or the date from which and the period for which
the suspension is to take effect, and shall require the holder to deliver the certificate to the
Minister not later than the date so specified unless before that date the holder has required the
case to be dealt with by an inquiry under section 75.
(5) Where, before the date specified in the notice, he requires the case to be dealt with
by such an inquiry, then, unless he withdraws the requirement, the suspension or cancellation
shall not take effect except as ordered in pursuance of the inquiry.
(6) The Minister may make regulations prescribing the procedure to be followed with
respect to the making and consideration of representations in pursuance of this section, the form
of any notice to be given under this section and the period to be specified in any such notice as
the period within which any steps are to be taken.
(7) This section applies to every certificate issued under section 66 and to any certificate
issued under section 59 other than one certifying that a person is qualified as an officer.
Inquiry into fitness or conduct of seaman other than officer
75. (1) Where a person has, before the date mentioned in section 74(4), required his case to
be dealt with by an inquiry under this section the Minister shall cause an inquiry to be held by
one or more persons appointed by him.
(2) An inquiry under this section shall be conducted in accordance with rules made
under section 77(l) and those rules shall require the persons holding the inquiry to hold it with
the assistance of one or more assessors.
(3) The persons holding an inquiry under this section—
(a) may confirm the decision of the Minister and cancel or suspend the certificate
accordingly;
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(b) may, where the decision was to cancel the certificate, suspend it instead;
(c) may, where the decision was to suspend the certificate, suspend it for a different
period;
(d) may, instead of confirming the decision of the minister, censure the holder of the
certificate or take no further action;
(e) may make such order with regard to the costs of the inquiry as they think just;
and
(f) shall make a report on the case to the Minister;
and if the certificate is cancelled or suspended it shall be delivered forthwith to the persons
holding the inquiry or to the Minister.
(4) Any costs which a person is ordered to pay under subsection (3)(e) may be
recovered from him by the Minister.
Re-hearing of and appeal from inquiries
76. (1) Where an inquiry has been held under section 73 or 75 the Minister may order the
whole or part of the case to be reheard, and shall do so—
(a) if new and important evidence which could not be produced at the inquiry has
been discovered; or
(b) if there appear to the Minister to be other grounds for suspecting that a
miscarriage of justice may have occurred.
(2) An order under subsection (1) may provide for the rehearing to be heard by the
persons who held it, or by the Supreme Court.
(3) Any re-hearing under this section which is not held by the Supreme Court shall be
conducted in accordance with rules made under section 77(l).
(4) Where the persons holding the inquiry have decided to cancel or suspend the
certificate of any person or have found any person at fault, then, if no application for an order
under subsection (1) has been made or such an application has been refused, that person or any
other person who, having an interest in the inquiry, has appeared at the hearing and is affected
by the decision or finding, may appeal to the Supreme Court.
Rules as to inquiries and appeals
77. (1) The Minister may make rules for the conduct of inquiries under sections 73 and 75
and for the conduct of any re-hearing under section 76 which is not held by the Supreme Court.
(2) Without prejudice to the generality of subsection (1), rules under this section may
provide for the appointment and summoning of assessors, the manner in which any facts may be
proved, the persons allowed to appear, and the notices to be given to persons affected.
(3) Rules of court made for the purpose of re-hearings under section 76 which are held
by the Supreme Court, or of appeals to the Supreme Court, may require the court, subject to
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such exceptions, if any, as may be allowed by the rules, to hold such a re-hearing or hear such
an appeal with the assistance of one or more assessors.
Failure to deliver cancelled or suspended certificate
78. If a person fails to deliver a certificate as required under section 73, 74 or 75 he shall be
guilty of an offence and liable on summary conviction to a fine of $2,000.
Power to restore certificate
79. Where a certificate has been cancelled or suspended under section 73, 74, 75 or 76, the
Minister, if of the opinion that the justice of the case requires it, may re-issue the certificate or, as
the case may be, reduce the period of suspension and return the certificate, or may grant a new
certificate of the same or a lower grade in place of the cancelled or suspended certificate.
Power to summon witness to inquiry into fitness or conduct of officer or other seaman
80. (1) The persons holding an inquiry under section 73 or 75 may—
(a) by summons require any person to attend, at a time and place stated in the
summons, to give evidence or to produce any documents in his custody or under
his control which relate to any matter in question at the inquiry; and
(b) take evidence on oath (and for that purpose administer oaths) or, instead of
administering an oath, require the person examined to make a solemn
affirmation.
(2) If on the failure of a person to attend such an inquiry in answer to a summons
under this section—
(a) the persons holding the inquiry are satisfied by evidence on oath—
(i) that the person in question is likely to be able to give material evidence
or produce any document which relates to any matter in question at the
inquiry;
(ii) that he has been duly served with the summons; and
(iii) that a reasonable sum has been paid or tendered to him for costs and
expenses; and
(b) it appears to them that there is no just excuse for the failure;
they may issue a warrant to arrest him and bring him before the inquiry at a time and place
specified in the warrant.
(3) If any person attending or brought before such an inquiry refuses without just
excuse to be sworn or give evidence, or to produce any document, the persons holding the inquiry
may—
(a) commit him to custody until the end of such period not exceeding one month as
may be specified in the warrant or until he gives evidence or produces the
document (whichever occurs first); or
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(b) impose on him a fine of $2,000;
or both.
(4) A fine imposed under subsection (3)(b) shall be treated for the purposes of its
collection, enforcement and remission as having been imposed by the magistrate's court, and the
persons holding the inquiry shall, as soon as practicable after imposing the fine, give particulars
of it to the clerk of that court.
Civil liability of seamen for offences
Civil liability for absence without leave
81. (1) The following provisions of this section shall apply with respect to the liability of a
seaman employed in a Bermuda ship to damages for being absent from his ship at a time when
he is required under his contract of employment to be on board.
(2) If he proves that his absence was due to an accident or mistake or some other cause
beyond his control and that he took all reasonable precautions to avoid being absent his absence
shall not be treated as a breach of contract.
(3) Where subsection (2) does not apply, then—
(a) if no special damages are claimed his liability shall be $20;
(b) if special damages are claimed his liability shall not be more than $200.
Civil liability for smuggling
82. If a seaman employed in a Bermuda ship is found in civil proceedings before a court in
Bermuda to have committed an act of smuggling, whether within or outside Bermuda, he shall be
liable to make good any loss or expense that the act has caused to any other person.
Civil liability for fines imposed under immigration laws
83. (1) The following provisions of this section shall apply where, at a time when a Bermuda
ship is in the national or territorial waters of any country outside Bermuda, a seaman employed
in the ship is absent without leave and present in that country in contravention of that country's
laws.
(2) If, by reason of the contravention, a penalty is incurred under those laws by the
persons employing the seaman the penalty shall be treated as being attributable to his absence
without leave and may, subject to the provisions of section 81, be recovered from him as special
damages for breach of contract.
(3) If, by reason of the contravention, a penalty is incurred under those laws by any
other person the amount thereof, or, if that amount exceeds $200, $200 may be recovered by him
from the seaman.
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Relief and repatriation and relief costs
Relief and return of seamen etc. left behind and shipwrecked
84. (1) Where—
(a) a person employed as a seaman in a Bermuda ship is left behind in any country
outside Bermuda or is taken to such a country on being shipwrecked; or
(b) a person who became so employed under an agreement entered into outside
Bermuda is left behind in Bermuda or is taken to Bermuda on being
shipwrecked;
the persons who last employed him as a seaman shall make such provision for his return and for
his relief and maintenance until his return and such other provisions as may be required by
regulations made by the Minister.
(2) The provisions to be so made may include the repayment of expenses incurred in
bringing a shipwrecked seaman ashore and maintaining him until he is brought ashore and the
payment of the expenses of the burial or cremation of a seaman who dies before he can be
returned.
(3) The Minister may also make regulations providing for the manner in which any
wages due to any person left behind or taken to any country as mentioned in subsection (1), and
any property of his left on board ship, are to be dealt with.
(4) The Minister may make regulations requiring a superintendent or proper officer—
(a) to make such provision as may be prescribed by the regulations with respect to
any matter for which provision may be required to be made by regulations under
the preceding provisions of this section; and
(b) to make the like provision with respect to persons who are British citizens,
British overseas territories citizens or British overseas citizens and are found in
distress in any country outside Bermuda after being employed in ships
registered in, or belonging to the government of, such a country.
(5) Without prejudice to the generality of the preceding provisions, regulations made
under this section may provide—
(a) for determining the place to which a person is to be returned;
(b) for requiring the master of any Bermuda ship to convey a person to a place
determined in accordance with the regulations and for enabling a superintendent
or proper officer to give the master directions for that purpose;
(c) for the making of payments in respect of the conveyance of a person in
accordance with the regulations; and
(d) for the keeping of records and the rendering of accounts.
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(6) Regulations under this section may make a contravention of any provision thereof
an offence punishable on summary conviction with a fine of $2,000 or such less amount as may
be specified in the regulations.
(7) This section applies to a person left behind on being discharged in pursuance of
section 42, whether or not at the time he is left behind the ship is still a Bermuda ship.
(8) This section applies to the master of a ship as it applies to a seaman and sections 85
and 86 shall have effect accordingly.
Limit of employer's liability under section 84
85. Where a person left behind in or taken to any country as mentioned in section 84(l)
remains there after the end of a period of three months the persons who last employed him as a
seaman shall not be liable under that section to provide for his return or for any matter arising
after the end of that period, unless they have before the end of that period been under an
obligation imposed on them by regulations under that section to provide with respect to him.
Recovery of expenses incurred for relief and return, etc.
86. (1) Where any expenses are incurred in respect of any matter for which the employers
of a seaman are required to provide under section 84, then—
(a) if the expenses are incurred by the Minister, or are incurred by the government
of any country outside Bermuda and repaid to them on behalf of the Crown, the
Minister may recover them from the employers;
(b) if the expenses are incurred by the seaman he may recover them from the
employers unless they prove either that under the terms of his employment they
were to be borne by him or that he would not have been left behind but for his
own wrongful act or neglect.
(2) Where, in the case of any seaman, expenses are incurred by the Minister or are
incurred by the government of any country outside Bermuda and repaid to them on behalf of the
Crown—
(a) in respect of any matter for which, but for section 85, the seaman's last
employers would have been required to provide under section 84; or
(b) in respect of any matter for which provision is required to be made under section
84(4)(b);
the Minister may recover them from the seaman (or, if he has died, from his personal
representatives).
Documentation
Official log books
87. (1) Except as provided by regulations under this section an official log book in a form
approved by the Minister shall be kept in every Bermuda ship.
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(2) The Minister may make regulations prescribing the particulars to be entered in
official log books, the persons by whom such entries are to be made, signed or witnessed, and the
procedure to be followed in the making of such entries and in their amendment or cancellation.
(3) The regulations may require the production or delivery of official log books to such
persons, in such circumstances and within such times as may be specified therein.
(4) Regulations under this section may exempt ships of any description from any
requirements thereof, either generally or in such circumstances as may be specified in the
regulations.
(5) Regulations under this section may make a contravention of any provision thereof
an offence punishable on summary conviction with a fine of $1,000 or not exceeding a lesser
amount.
(6) If a person intentionally destroys or mutilates or renders illegible any entry in an
official log book he shall be guilty of an offence and liable on summary conviction to a fine of
$5,000.
Lists of crew
88. (1) Except as provided by regulations made under this section, the master of every
Bermuda ship shall make and maintain a list of the crew containing such particulars as may be
required by the regulations.
(2) The Minister may make regulations—
(a) specifying the particulars to be entered in a list of the crew;
(b) limiting the time for which a list of the crew may remain in force;
(c) providing for the maintenance by such persons and either in such place as may
be specified in the regulations or, if it is so specified, in the ship, of a copy or
copies of each list of a crew, and for the notification to such persons of any
changes therein;
(d) for the production of a list of the crew to such persons, in such circumstances
and within such time as may be specified in the regulations; and
(e) for the delivery to a superintendent or proper officer or the Registrar, in such
circumstances as may be specified in the regulations, of a list of the crew or a
copy thereof maintained under the regulations and for the notification to him of
any changes in such a list.
(3) Regulations under this section may enable a list of the crew to be contained in the
same document as a crew agreement and may treat any particulars entered in the crew
agreement as forming part of the particulars entered in the list.
(4) Regulations under this section may exempt from the requirements thereof such
descriptions of ship as may be specified in the regulations and may make different provisions for
different circumstances.
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(5) Regulations under this section may make a contravention of any provision thereof
an offence punishable on summary conviction with a fine of $1,000 or not exceeding a lesser
amount.
Bermuda seamen's cards
89. (1) The Minister may make regulations providing—
(a) for the issue to Bermuda seamen of cards (in this section referred to as
"Bermuda seamen's cards") in such form and containing such particulars with
respect to the holders thereof and such other particulars (if any) as may be
prescribed by the regulations, and for requiring Bermuda seamen to apply for
such cards;
(b) for requiring the holders of Bermuda seamen's cards to produce them to such
persons and in such circumstances as may be prescribed by the regulations;
(c) for the surrender of Bermuda seamen's cards in such circumstances as may be
prescribed by the regulations;
(d) for any incidental or supplementary matters for which the Minister thinks it
expedient for the purposes of the regulations to provide;
and any provision of the regulations having effect by virtue of paragraph (a) may be so framed as
to apply to all Bermuda seamen or any description of them and as to have effect subject to any
exemptions for which provision may be made by the regulations.
(2) Regulations under this section may make a contravention of any provision thereof
an offence punishable on summary conviction with a fine of $1,000 or not exceeding a lesser
amount.
(3) In this section "Bermuda seamen" means persons who are not aliens within the
meaning of the Bermuda Immigration and Protection Act 1956 and are employed, or ordinarily
employed, as masters or seamen.
(4) If a person makes a statement which he knows to be false or recklessly makes a
statement which is false in a material particular for the purpose of obtaining for himself or
another person a Bermuda seaman's card he shall be guilty of an offence and liable on summary
conviction to a fine of $3,000.
Discharge books
90. (1) The Minister may make regulations providing—
(a) for the issue to persons who are or have been employed in Bermuda ships of
discharge books in such form and containing such particulars with respect to the
holders thereof and such other particulars (if any) as may be prescribed by the
regulations and for requiring such persons to apply for such discharge books;
(b) for requiring the holders of discharge books to produce them to such persons
and in such circumstances as may be prescribed by the regulations;
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(c) for the surrender of discharge books in such circumstances as may be prescribed
by the regulations;
(d) for any incidental or supplementary matters for which the Minister thinks it
expedient for the purposes of the regulations to provide;
and any provision of the regulations having effect by virtue of paragraph (a) may be so framed as
to apply to all such persons as are mentioned in that paragraph or any description of such
persons and as to have effect subject to any exemptions for which provision may be made by the
regulations.
(2) Regulations under this section may—
(a) provide for a person to cease to be entitled to a discharge book in consequence of
a recommendation made by a disciplinary body by virtue of regulations made
under section 72(3) or (4); and
(b) provide for the re-issue of discharge books which have been surrendered in
consequence of such a recommendation.
(3) Regulations under this section may make a contravention of any provision thereof
an offence punishable on summary conviction with a fine of $1,000 or not exceeding a lesser
amount.
(4) A person who, in Bermuda or elsewhere—
(a) obtains employment as a seaman on board a Bermuda ship and does so when he
is disentitled to a discharge book by virtue of regulations made under subsection
(2)(a); or
(b) employs as such a seaman a person who he knows or has reason to suspect is
disentitled as aforesaid;
shall be guilty of an offence and liable on summary conviction to a fine of $10,000 or, on
conviction on indictment, to a fine of $50,000 or to imprisonment for a term of two years or both.
Handing over of documents by master
91. (1) If a person ceases to be the master of a Bermuda ship during a voyage of the ship he
shall deliver to his successor the documents relating to the ship or its crew which are in his
custody.
(2) If, without reasonable excuse, the master of such a ship fails to comply with
subsection (1), he shall be guilty of an offence and liable on summary conviction to a fine of
$2,000.
Interpretation
Interpretation
92. (1) In this Part—
“crew agreement" has the meaning given to it by section 38(2);
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“relief and maintenance" includes the provision of surgical or medical treatment and such
dental and optical treatment (including the repair or replacement of any appliance) as
cannot be postponed without impairing efficiency; and
“ship's boat" includes a life-raft.
(2) References in this Part to going to sea include references to going to sea from any
country outside Bermuda.
(3) For the purposes of this Part a seaman is discharged from a ship when his
employment in that ship is terminated.
(4) For the purposes of this Part a seaman discharged from a ship in any country and
left there shall be deemed to be left behind in that country notwithstanding that the ship also
remains there.
(5) Any power conferred by this Part to provide for or grant an exemption includes
power to provide for or grant the exemption subject to conditions.
PART VI
SAFETY
Safety and Health on Ships
Safety and health on ships
93. (1) The Minister may by regulations (in this Act referred to as "safety regulations") make
such provision as he considers appropriate for all or any of the following purposes —
(a) for securing the safety of Bermuda ships and persons on them, and for
protecting the health of persons on Bermuda ships;
(b) for securing the safety of other ships and persons on them while they are within
Bermuda waters and for protecting the health of persons on ships other than
Bermuda ships while they are within Bermuda water.
(2) Except as provided by subsection (3), safety regulations shall not apply in relation to
(a) a qualifying foreign ship while it is exercising the right of innocent passage; or
(b) persons on such a ship while it is exercising any such right.
(3) Safety regulations shall apply in relation to a qualifying foreign ship, and persons on
such a ship, even though the ship is exercising a right mentioned in subsection (2)(a), to the
extent that the safety regulations give effect to any provisions of an international agreement
ratified by the United Kingdom on behalf of Bermuda so far as it relates to the safety of ships or
persons on them or to the protection of the health of persons on ships.
(4) In subsection (1) "Bermuda ship" means a ship which—
(a) is registered in Bermuda ; or
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(b) is not registered under the law of any country but is wholly owned by persons
each of whom is—
(i) a British citizen, a British overseas territories citizen or a British overseas
citizen; or
(ii) a body corporate which is incorporated in Bermuda and has its principal
place of business in Bermuda.
(5) Regulations in pursuance of subsection (1)(a) or (b) may provide with respect to any
of the following matters, that is to say
(a) the design, construction, maintenance, repair, alteration, inspection, surveying
and marking of ships and their machinery and equipment;
(b) the packaging, marking, loading, placing, moving, inspection, testing and
measuring of cargo and anything on a ship which is not cargo, machinery or
equipment;
(c) the carrying out of any operation involving a ship;
(d) the use of the machinery and equipment of a ship and of anything on a ship
which is not cargo, machinery or equipment;
(e) the manning of ships, including the employment on ships of persons qualified to
attend to the health and safety of persons on the ships;
(f) the arrangements for ensuring communication between persons in different parts
of a ship and between persons in the ship and other persons;
(g) the access to, presence in and egress from a ship, and different parts of it, of
persons of any description;
(h) the ventilation, temperature and lighting of different parts of a ship;
(i) the steps to be taken to prevent or control noise, vibration and radiation in and
from a ship and the emission in or from a ship of smoke, gas and dust;
(j) the steps to be taken to prevent, detect and deal with outbreaks of fire on a ship;
(k) the steps to be taken to prevent any collision involving a ship and in
consequence of any collision involving a ship;
(1) the steps to be taken, in a case where a ship is in distress or stranded or
wrecked, for the purpose of saving the ship and its machinery, equipment and
cargo and the lives of persons on or from the ship, including the steps to be
taken by other persons for giving assistance in such a case;
(m)the removal, by jettisoning or otherwise, of its equipment and of other things
from a ship for the purpose of avoiding, removing or reducing danger to persons
or property;
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(n) the steps to be taken, in a case where danger of any kind occurs or is suspected
on a ship, for removing or reducing the danger and for warning persons who are
not on the ship of the danger or suspected danger;
(o) the making of records and the keeping of documents relating to ships and the
keeping and use on a ship of information to facilitate the navigation of the ship;
(p) the keeping of registers and the issue of certificates in cases for which
registration or a certificate is required by virtue of the regulations; and
(q) the furnishing of information;
but the mention of specific matters in this subsection shall not be construed as restricting the
generality of the power conferred by paragraph (a) or (b) of subsection (1) .
(6) The power to make regulations conferred by subsection (1) shall extend also to the
making of regulations for the prevention of collisions between seaplanes on the surface of water
and between ships and seaplanes and subsections (5)(k) and (7) to (9) and section 94(l) shall have
effect accordingly.
(7) Safety regulations—
(a) may provide in terms of approvals given by the Minister or another person and in
terms of any document which the Minister or another person considers relevant
from time to time;
(b) may provide for the cancellation of an approval given in pursuance of the
regulations and for the alteration of the terms of such an approval; and
(c) must provide for any approval in pursuance of the regulations to be given in
writing and to specify the date on which it takes effect and the conditions (if any
on which it is given.
(8) Without prejudice to section 94(l)(b), safety regulations may provide
(a) for the granting by the Minister or another person, on such terms (if any) as the
Minister or other person may specify, of exemptions from specified provisions of
the regulations for classes of cases or individual cases; and
(b) for the alteration or cancellation of exemptions granted in pursuance of the
regulations.
(9) Safety regulations may provide—
(a) that in such cases as are prescribed by the regulations a ship shall be liable to
be detained and that section 242 shall have effect, with such modifications (if
any) as are prescribed by the regulations, in relation to the ship;
(b) that a contravention of the regulations shall be an offence punishable on
summary conviction by a fine of $10,000 and on conviction on indictment by a
fine of $50,000 or imprisonment for a term of two years or both;
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(c) that any such contravention shall be an offence punishable only on summary
conviction by a maximum fine of an amount not exceeding $10,000, or such less
amount as is prescribed by the regulations;
(d) that, in such cases as are prescribed by the regulations, such persons as are so
prescribed shall each be guilty of an offence created by virtue of paragraph (b) or
(c) ;
(e) that, notwithstanding anything in paragraph (b) or (c), a person convicted
summarily of an offence under the regulations of a kind which is stated by the
regulations to correspond to an offence which is triable either summarily or on
indictment under an enactment specified in the regulations which authorises or
authorised a fine on summary conviction of a maximum amount exceeding
$10,000 shall be liable to a fine not exceeding that maximum amount.
Provisions supplementary to section 93: general
94. (1) Safety regulations may
(a) make different provision for different circumstances and, in particular, provide
for an individual case;
(b) be made so as to apply only in such circumstances as are prescribed by the
regulations;
(c) be made so as to extend outside Bermuda;
(d) contain such incidental, supplemental and transitional provisions as the Minister
considers appropriate;
(e) provide for compensation to be paid, where a signal is used or displayed
otherwise than in accordance with the regulations, for any expense or loss
caused in consequence of the signal's being taken for a signal of distress;
and any compensation falling to be paid by virtue of regulations under paragraph (e) may,
without prejudice to any other remedy, be recovered in the same manner as salvage.
(2) Nothing in section 93(5) to (8) or subsection (1) shall be construed as prejudicing
the generality of section 93(l).
(3) Where the Minister proposes to make safety regulations or he or another person
proposes to give an approval in pursuance of safety regulations it shall be the duty of the Minister
or other person, before he gives effect to the proposal, to consult such persons in Bermuda (if
any) as he considers will be affected by the proposal.
Provisions: supplementary to section 93: dangerous goods
95. (1) Where any dangerous goods have been sent or carried, or attempted to be sent or
carried, on board any ship, whether or not a Bermuda ship—
(a) without being marked as required by safety regulations;
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(b) without such notice having been given as is required by safety regulations;
(c) under a false description; or
(d) with a false description of their sender or carrier;
the Supreme Court may declare the goods, and any package or receptacle in which they are
contained, to be forfeited.
(2) On a declaration of forfeiture being made, the goods shall be forfeited and they shall
be disposed of as the court directs.
(3) The powers conferred on the court by subsections (1) and (2) are exercisable
notwithstanding that the owner of the goods—
(a) has not committed any offence under safety regulations relating to dangerous
goods;
(b) is not before the court; and
(c) has no notice of the proceedings;
and notwithstanding that there is no evidence to show to whom the goods belong.
(4) Nevertheless, the court may, in it's discretion, require such notice as it may direct to
be given to the owner or shipper of the goods before they are forfeited.
(5) In this section "dangerous goods" means goods designated as dangerous goods by
safety regulations.
Safety of submersible and supporting apparatus
96. (1) This section applies to any submersible or supporting apparatus—
(a) operated within Bermuda waters; or
(b) launched or operated from, or comprising, a Bermuda ship.
(2) The Minister may make regulations—
(a) for the safety of submersible and supporting apparatus;
(b) for the prevention of accidents in or near submersible or supporting apparatus;
(c) for the safety, health and welfare of persons on or in submersible and supporting
apparatus;
(d) for prohibiting or otherwise restricting the operation of any submersible
apparatus except in accordance with the conditions of a licence granted under
the regulations; and
(e) for the registration of submersible apparatus.
(3) Schedule 2 shall have effect for supplementing the provisions of this section.
(4) In this section—
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"apparatus" includes any vessel, vehicle or hovercraft, any structure, any diving plant or
equipment and any other form of equipment;
“specified" means specified in regulations made by the Minister for the purposes of this
section;
“submersible apparatus" means any apparatus used, or designed for use, in supporting
human life on or under the bed of any waters or elsewhere under the surface of any
waters; and
“supporting apparatus" means any apparatus used, or designed for use, in connection
with the operation of any submersible apparatus.
Special provisions
Load lines
97. Schedule 3 (which provides as to load lines) shall have effect.
Charts and other information
98. (1) The Minister may make rules specifying such charts, directions or information as
appear to him necessary or expedient for the safe operation of ships.
(2) Rules under this section may require Bermuda ships, or such descriptions of
Bermuda ships as may be specified in the rules, to carry (either at all times or on such voyages as
may be specified in the rules) copies of the charts, directions or information so specified.
(3) If a ship goes to sea or attempts to go to sea without carrying copies of the charts,
directions or information which it is required to carry by rules under this section the master or
owner shall be guilty of an offence and liable on summary conviction to a fine of $5,000.
Report of dangers to navigation
99. (1) The master of any Bermuda ship, on meeting with any of the dangers to navigation
specified in subsection (2), shall send information accordingly, by all means of communication at
his disposal and in accordance with rules to be made for the purposes of this section, to ships in
the vicinity and to such authorities on shore as may be prescribed by those rules.
(2) The dangers to navigation referred to in subsection (1) are—
(a) dangerous ice;
(b) a dangerous derelict;
(c) a tropical storm;
(d) air temperatures below freezing point associated with gale force winds causing
severe ice accretion on the superstructure of ships;
(e) winds of force 10 or above on the Beaufort Scale for which no storm warning has
been received; or any other direct danger to navigation.
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(3) Rules for the purposes of this section shall be made by the Minister.
(4) If the master of a ship fails to comply with the provisions of this section, he shall be
guilty of an offence and liable to a fine of $5,000.
(5) Every person in charge of a ship station for radio communication shall, on receiving
the signal prescribed by the said rules for indicating that a message is about to be sent under
this section, refrain from sending messages for a time sufficient to allow other stations to receive
the message, and, if so required by the Minister, shall transmit the message in such manner as
may be required by the Minister.
(6) Compliance with subsection (5) shall be deemed to be a condition of every ship
station licence.
(7) In this section—
“controlled station for radio communication" means such a station controlled by the
Minister; and "controlled" includes controlled by means of a licence granted by him;
"tropical storm" means a hurricane, typhoon, cyclone, or other storm of a similar nature;
"ship station licence" means a licence granted under regulation 4 of the Class Nine Radio
(Maritime Mobile Service) Regulations 1988;
"ship station" has the meaning given in regulation 2 of the Class Nine Radio (Maritime
Mobile Service) Regulations 1988;
and the master of a ship shall be deemed to have met with a tropical storm if he has reason to
believe that there is such a storm in his vicinity.
(8) Section 6 of the Statutory Instruments Act 1977 shall not apply to rules made under
this section.
Assistance at sea
Duty of ship to assist the other in case of collision
100. (1) In every case of collision between two ships, it shall be the duty of the master of
each ship, if and so far as he can do so without danger to his own ship, crew and passengers (if
any)—
(a) to render to the other ship, its master, crew and passengers (if any) such
assistance as may be practicable, and may be necessary to save them from any
danger caused by the collision, and to stay by the other ship until he has
ascertained that it has no need of further assistance; and
(b) to give to the master of the other ship the name of his own ship and also the
names of the ports from which it comes and to which it is bound.
(2) The duties imposed on the master of a ship by subsection (1) apply to the masters
of Bermuda ships and to the masters of foreign ships when in Bermuda waters.
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(3) The failure of the master of a ship to comply with the provisions of this section shall
not raise any presumption of law that the collision was caused by his wrongful act, neglect, or
default.
(4) If the master fails without reasonable excuse to comply with this section, he shall—
(a) in the case of a failure to comply with subsection (1)(a), be guilty of an offence
and liable—
(i) on summary conviction, to a fine of $100,000 or imprisonment for a term
of six months or both;
(ii) on conviction on indictment, to a fine of $200,000 or imprisonment for a
term of two years or both; and
(b) in the case of a failure to comply with subsection (1)(b), be guilty of an offence
and liable—
(i) on summary conviction, to a fine of $10,000;
(ii) on conviction on indictment, to a fine of $50,000;
and in either case if he is a certified officer, an inquiry into his conduct may be held, and his
certificate cancelled or suspended.
Duty to assist ships, etc. in distress
101. (1) The master of a ship, on receiving at sea a signal of distress or information from any
source that a ship or aircraft is in distress, shall proceed with all speed to the assistance of the
persons in distress (informing them if possible that he is doing so) unless he is unable, or in the
special circumstances of the case considers it unreasonable or unnecessary, to do so, or unless
he is released from this duty under subsection (4) or (5).
(2) Where the master of any ship in distress has requisitioned any ship that has
answered his call, it shall be the duty of the master of the requisitioned ship to comply with the
requisition by continuing to proceed with all speed to the assistance of the persons in distress.
(3) The duties imposed on the master of a ship by subsections (1) and (2) apply to the
masters of Bermuda ships and to the masters of foreign ships when in Bermuda waters.
(4) A master shall be released from the duty imposed by subsection (1) as soon as he is
informed of the requisition of one or more ships other than his own and that the requisition is
being complied with by the ship or ships requisitioned.
(5) A master shall be released from the duty imposed by subsection (1), and, if his ship
has been requisitioned, from the duty imposed by subsection (2), if he is informed by the persons
in distress, or by the master of any ship that has reached the persons in distress, that assistance
is no longer required.
(6) If a master fails to comply with the preceding provisions of this section he shall be
guilty of an offence and liable—
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(a) on summary conviction, to a fine of $10,000 or to imprisonment for a term of six
months, or both;
(b) on conviction on indictment, to a fine of $50,000 or to imprisonment for a term of
two years, or both.
(7) Compliance by the master of a ship with the provisions of this section shall not
affect his right, or the right of any other person, to salvage.
Unsafe ships
Meaning of "dangerously unsafe ship"
102. (1) For the purposes of sections 103, 104, 105 and 106 a ship in port is "dangerously
unsafe" if, having regard to the nature of the service for which it is intended, the ship is, by
reason of the matters mentioned in subsection (3), unfit to go to sea without serious danger to
human life.
(2) For the purposes of those sections a ship at sea is "dangerously unsafe" if, having
regard to the nature of the service for which it is being used or is intended, the ship is, by reason
of the matters mentioned in subsection (3), either
(a) unfit to remain at sea without serious danger to human life; or
(b) unfit to go on a voyage without serious danger to human life.
(3) Those matters are
(a) the condition, or the unsuitability for its purpose, of—
(i) the ship or its machinery or equipment; or
(ii) any part of the ship or its machinery or equipment;
(b) undermanning;
(c) overloading or unsafe or improper loading;
(d) any other matter relevant to the safety of the ship;
and are referred to in those sections, in relation to any ship, as "the matters relevant to its
safety".
(4) Any reference in those sections to "going to sea" shall, in a case where the service for
which the ship is intended consists of going on voyages or excursions that do not involve going to
sea, be construed as a reference to going on such a voyage or excursion.
Power to detain dangerously unsafe ship
103. (1) 1) Where a ship which is
(a) in a port in Bermuda; or
(b) at sea in Bermuda waters;
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appears to a relevant inspector to be a dangerously unsafe ship, the ship may be detained.
(2) Subject to subsection (3) the power of detention conferred by subsection (1) is
exercisable in relation to foreign ships as well as Bermuda ships.
(3) The power of detention conferred by subsection (1)(b) is not exercisable in relation to
a qualifying foreign ship while the ship is exercising the right of innocent passage.
(4) The officer detaining the ship shall serve on the master of the ship a detention notice
which shall —
(a) state that the relevant inspector is of the opinion that the ship is a dangerously
unsafe ship;
(b) specify the matters which, in the relevant inspector's opinion, make the ship a
dangerously unsafe ship; and
(c) require the ship to comply with the terms of the notice until it is released by a
competent authority.
(5) In the case of a ship which is not a Bermuda ship the officer detaining the ship shall
cause a copy of the detention notice to be sent as soon as practicable to the nearest consular
officer for the country to which the ship belongs.
(6) In this section
“competent authority" means any officer mentioned in section 242(1); and
“relevant inspector" means any person mentioned in paragraph (a), (b) or (c) of section
219(l).
References of detention notices to arbitration
104. (1) Any question as to whether any of the matters specified in relation to a ship in a
detention notice in pursuance of section 103(4)(b) in connection with any opinion formed by the
relevant inspector constituted a valid basis for that opinion shall, if the master or owner of the
ship so requires by a notice given to the relevant inspector within 21 days from the service of the
detention notice, be referred to a single arbitrator appointed by agreement between the parties for
that question to be decided by him.
(2) Where a notice is given by the master or owner of the ship in accordance with
subsection (1), the giving of the notice shall not suspend the operation of the detention notice
unless, on the application of the person requiring the reference, the arbitrator so directs.
(3) The arbitrator shall have regard, in coming to his decision, to any other matters not
specified in the detention notice which appear to him to be relevant to whether the ship was or
was not a dangerously unsafe ship.
(4) Where on a reference under this section the arbitrator decides as respects any
matter to which the reference relates, that in all the circumstances the matter did not constitute
a valid basis for the inspector's opinion he shall either cancel the detention notice or affirm it with
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such modifications as he may in the circumstances think fit; and in any other case the arbitrator
shall affirm the notice in its original form.
(5) The arbitrator shall include in his decision a finding whether there was or was not a
valid basis for the detention of the ship as a dangerously unsafe ship.
(6) A person shall not be qualified for appointment as an arbitrator under this section
unless he is—
(a) a person holding a certificate of competency as a master mariner or as a marine
engineer officer class 1, or a person holding a certificate equivalent to any such
certificate;
(b) a naval architect;
(c) a person falling within subsection (7); or
(d) a person with special experience of shipping matters, or of activities carried on in
ports.
(7) For the purposes of subsection (6)(c) a person falls within this subsection if he is a
barrister or solicitor of 10 years standing entitled to practice in Bermuda or in any
commonwealth jurisdiction.
(8) In connection with his functions under this section an arbitrator shall have the
powers conferred on an inspector by section 220.
(9) In this section "relevant inspector" has the same meaning as in section 103(6).
Compensation in connection with invalid detention of ship
105. (1) If on a reference under section 104 relating to a detention notice in relation to a
ship—
(a) the arbitrator decides that any matter did not constitute a valid basis for the
relevant inspector's opinion; and
(b) it appears to him that there were no reasonable grounds for the inspector to form
that opinion;
the arbitrator may award the owner of the ship such compensation in respect of any loss suffered
by him in consequence of the detention of the ship as the arbitrator thinks fit.
(2) Any compensation awarded under this section shall be payable by the Minister.
(3) In this section "relevant inspector" has the same meaning as in section 103(6).
Owner and master liable in respect of dangerously unsafe ship
106. (1) If a ship which—
(a) is in a port in Bermuda; or
(b) is a Bermuda ship and is in any other port;
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is dangerously unsafe, then, subject to subsections (4) and (5), the master and the owner of the
ship shall each be guilty of an offence.
(2) Where, at the time when a ship is dangerously unsafe, any responsibilities of the
owner with respect to the matters relevant to its safety have been assumed (whether wholly or in
part) by any person or persons other than the owner, and have been so assumed by that person
or (as the case may be) by each of those persons either—
(a) directly, under the terms of a charter-party or management agreement made with
the owner; or
(b) indirectly, under the terms of a series of charter-parties or management
agreements;
the reference to the owner in subsection (1) shall be construed as a reference to that other
person or (as the case may be) to each of those other persons.
(3) A person guilty of an offence under this section shall be liable—
(a) on summary conviction, to a fine of $100,000;
(b) on conviction on indictment, to a fine of $200,000 or to imprisonment for a term
of two years, or both.
(4) It shall be a defence in proceedings for an offence under this section to prove that at
the time of the alleged offence—
(a) arrangements had been made which were appropriate to ensure that before the
ship went to sea it was made fit to do so without serious danger to human life by
reason of the matters relevant to its safety which are specified in the charge.
(b) it was reasonable for such arrangements not to have been made.
(5) It shall also be a defence in proceedings for an offence under this section to prove—
(a) that, under the terms of one or more charter-parties or management agreements
entered into by the accused, the relevant responsibilities, namely—
(i) where the accused is the owner, his responsibilities with respect to the
matters relevant to the ship's safety; or
(ii) where the accused is liable to proceedings under this section by virtue of
subsection (2), so much of those responsibilities as had been assumed by
him as mentioned in that subsection;
had at the time of the alleged offence been wholly assumed by some other person
or persons party thereto; and
(b) that in all the circumstances of the case the accused had taken such steps as it
was reasonable for him to take, and exercised such diligence as it was reasonable
for him to exercise, to secure the proper discharge of the relevant responsibilities
during the period during which they had been assumed by some other person or
persons as mentioned in paragraph (a);
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and, in determining whether the accused had done so, regard shall be had in particular to the
matters mentioned in subsection (6).
(6) Those matters are—
(a) whether prior to the time of the alleged offence the accused was, or in all the
circumstances ought reasonably to have been, aware of any deficiency in the
discharge of the relevant responsibilities; and
(b) the extent to which the accused was or was notable, under the terms of any such
charter-party or management agreement as is mentioned in subsection (5)(a)—
(i) to terminate it; or
(ii) to intervene in the management of the ship;
in the event of any such deficiency, and whether it was reasonable for the accused to place
himself in that position.
(7) No proceedings for an offence under this section shall be instituted except by or with
the consent of the Minister or the Director of Public Prosecutions.
(8) In this section—
“management agreement", in relation to a ship, means any agreement (other than a
charter-party or a contract of employment) under which the ship is managed, either
wholly or in part, by a person other than the owner (whether on behalf of the owner or
on behalf of some other person); and
“relevant responsibilities" shall be construed in accordance with subsection (5).
(9) References in this section to responsibilities being assumed by a person under the
terms of a charter-party or management agreement are references to their being so assumed by
him whether or not he has entered into a further charter-party or management agreement
providing for them to be assumed by some other person.
Use of unsafe lighters, etc.
107. (1) If any person uses or causes or permits to be used in navigation any lighter, barge
or like vessel when, because of—
(a) the defective condition of its hull or equipment;
(b) overloading or improper loading; or
(c) undermanning;
it is so unsafe that human life is thereby endangered, he shall be guilty of an offence and liable—
(i) on summary conviction, to a fine of $10,000;
(ii) on conviction on indictment, to a fine of $50,000.
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(2) Proceedings for an offence under this section shall not be instituted except by or
with the consent of the Minister or the Director of Public Prosecutions.
(3) This section does not affect the liability of the owners of any lighter, barge or like
vessel in respect of loss of life or personal injury caused to any person carried in the vessel.
Owner liable for unsafe operation of ship
108. (1) It shall be the duty of the owner of a ship to which this section applies to take all
reasonable steps to secure that the ship is operated in a safe manner.
(2) This section applies to—
(a) any Bermuda ship; and
(b) any ship which—
(i) is registered under the law of any country outside Bermuda; and
(ii) is within Bermuda waters while proceeding to or from a port in Bermuda;
unless the ship would not be so proceeding but for weather conditions or any other unavoidable
circumstances.
(3) If the owner of a ship to which this section applies fails to discharge the duty
imposed on him by subsection (1), he shall be guilty of an offence and liable—
(a) on summary conviction, to a fine of $100,000;
(b) on conviction on indictment, to a fine of $200,000 or to imprisonment for a term
of two years, or both.
(4) Where any such ship—
(a) is chartered by demise; or
(b) is managed, either wholly or in part, by a person other than the owner under the
terms of a management agreement within the meaning of section 106(8);
any reference to the owner of the ship in subsection (1) or (3) shall be construed as including a
reference—
(i) to the charterer under the charter by demise; or
(ii) to any such manager as is referred to in paragraph (b); or
(iii) (if the ship is both chartered and managed as mentioned) to both the
charterer and any such manager;
and accordingly the reference in subsection (1) to the taking of all reasonable steps shall, in
relation to the owner, the charterer or any such manager, be construed as a reference to the
taking of all such steps as it is reasonable for him to take in the circumstances of the case.
(5) No proceedings for an offence under this section shall be instituted except by or with
the consent of the Minister or the Director of Public Prosecutions.
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Temporary exclusion zones
Power to establish temporary exclusion zones
109. (1) Subsection (2) applies where a ship, structure or other thing
(a) is in Bermuda waters; and
(b) is wrecked, damaged or in distress;
and in this section "the relevant casualty" means that ship, structure or other thing.
(2) If it appears to the Minister
(a) that significant harm will or may occur as a direct or indirect result of the
relevant casualty being wrecked, damaged or in distress; and
(b) that if access to an area around the relevant casualty were restricted in
accordance with section 110, significant harm, or the risk of such harm, would
be prevented or reduced,
he may by direction identify an area to which access is so restricted ("a temporary exclusion
zone").
(3) In this section "significant harm" means
(a) significant pollution in Bermuda or in Bermuda waters; or
(b) significant damage to persons or property.
(4) A temporary exclusion zone may not include any area which is not within Bermuda
waters.
(5) If it appears to the Minister at any time after a temporary exclusion zone is
established that the zone is larger than is needed for the purpose of preventing or reducing
significant harm, or the risk of such harm, he shall by direction vary the direction establishing
the zone accordingly.
(6) Subject to subsections (4) and (5), a temporary exclusion zone may be identified by
reference to the position of the relevant casualty from time to time.
(7) If it appears to the Minister at any time after a temporary exclusion zone is
established that the zone is not needed for the purpose of preventing or reducing significant
harm, or the risk of such harm, he shall by direction revoke the direction establishing the zone.
(8) Where the Minister gives a direction under this section, he shall
(a) as soon as practicable, publish it in such manner as he considers appropriate for
bringing it to the attention of persons likely to be affected by it; and
(b) within the period of 24 hours from the giving of the direction, send a copy of it to
the International Maritime Organization.
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Temporary exclusion zones: offences is given under s.109
110. (1) If a direction establishing a temporary exclusion zone is given under section 109
then, subject to subsection (2), no ship shall enter or remain in the zone.
(2) A ship may enter or remain in a temporary exclusion zone if it does so
(a) in accordance with the direction establishing the zone;
(b) with the consent of the Minister; or
(c) in accordance with regulations made by the Minister for the purposes of this
section.
(3) If a ship enters or remains in a temporary exclusion zone or a part of such a zone in
contravention of subsection (1) then, subject to subsection (4), its owner and its master shall each
be guilty of an offence and liable
(a) on summary conviction, to a fine of $75,000;
(b) on conviction on indictment, to a fine of $150,000 or to imprisonment for a term
of two years or to both.
(4) It shall be a defence for a person charged with an offence under this section to prove
that the existence or area of the temporary exclusion zone was not, and would not on reasonable
enquiry have become, known to the master.
Power to require ships to be moved
Power to require ships to be moved
111. (1) The powers conferred by this section shall be exercisable where a ship in Bermuda
waters
(a) is not a qualifying foreign ship; or
(b) is such a ship but appears to the Minister to be exercising the right of innocent
passage.
(2) Subject to subsection (3), the Minister may, for any one or more of the purposes
specified in subsection (4), give directions to any of the persons specified in subsection (5)
requiring
(a) that the ship is to be moved, or is to be removed from a specified area or locality
or from Bermuda waters; or
(b) that the ship is not to be moved to a specified place or area within Bermuda
waters, or over a specified route within Bermuda waters.
(3) The power of the Minister under subsection (2)(a) to require a ship to be removed from
Bermuda waters is not exercisable in relation to a Bermuda ship.
(4) The purposes referred to in subsection (2) are
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(a) the purpose of securing the safety of the ship or of other ships, of persons on the
ship or other ships, or of any other persons or property, or of preventing or
reducing any risk to such safety; and
(b) the purpose of preventing or reducing pollution in Bermuda or in Bermuda
waters, or of preventing or reducing any risk of such pollution.
(5) The persons referred to in subsection (2) are
(a) the owner of the ship or any person in possession of the ship; or
(b) the master of the ship.
(6) If in the opinion of the Minister the powers conferred by subsection (2) are, or have
proved to be, inadequate for any of the purposes specified in subsection (4), the Minister may for
that purpose take any such action as he has power to require to be taken by a direction under
this section.
(7) The powers of the Minister under subsection (6) shall also be exercisable by such
persons as may be authorised for the purpose by the Minister.
(8) Every person concerned with compliance with directions given, or with action taken,
under this section shall use his best endeavours to avoid any risk to human life.
(9) It is hereby declared that any action taken as respects a ship which is under arrest
or as respects the cargo of such a ship, being action duly taken in pursuance of a direction given
under this section, or being any action taken under subsection (6) or (7)
(a) does not constitute contempt of court; and
(b) does not in any circumstances make the Admiralty Marshal liable in any civil
proceedings.
(10) In this section
(a) unless a contrary intention appears, "specified" in relation to a direction under
this section, means specified by the direction; and
(b) the reference in subsection (9) to the Admiralty Marshal means the Admiralty
Marshal of the Supreme Court.
Offences in relation to section 111
112. (1) If the person to whom a direction is duly given under section 111 contravenes, or
fails to comply with, any requirement of the direction, he shall be guilty of an offence.
(2) If a person intentionally obstructs any person who is
(a) acting on behalf of the Minister in connection with the giving or service of a
direction under section 111;
(b) acting in compliance with a direction under that section; or
(c) acting under section 111(6) or (7);
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he shall be guilty of an offence.
(3) In proceedings for an offence under subsection (1), it shall be a defence for the
accused to prove that he has used all due diligence to ensure compliance with the direction, or
that he had reasonable cause for believing that compliance with the direction would have
involved a serious risk to human life.
(4) A person guilty of an offence under this section shall be liable
(a) on summary conviction, to a fine of $100,000;
(b) on conviction on indictment, to a fine of $300.000.
Service of directions under section 111
113. (1) If the Minister is satisfied that a company or other body is not one to which section
62A of the Companies Act 1981 (service of documents) applies so as to authorise the service of a
direction on that body under that section, he may give a direction under section 111 of this Act to
that body, as the owner of, or the person in possession of, a ship, by serving the direction on the
master of the ship.
(2) For the purpose of giving or serving a direction under section 111 to or on any
person on a ship, a person acting on behalf of the Minister shall have the right to go on board the
ship.
Control of, and returns as to, persons on ships
Offences in connection with passenger ships
114. (1) A person commits an offence if, in relation to a ship to which this section applies, he
does any of the following things, that is to say—
(a) if, being drunk or disorderly, he has been on that account refused admission to
the ship by the owner or any person in his employment, and, after having the
amount of his fare (if he has paid it) returned or tendered to him, nevertheless
persists in attempting to enter the ship;
(b) if, being drunk or disorderly on board the ship, he is requested by the owner or
any person in his employment to leave the ship at any place in Bermuda at
which he can conveniently do so, and, after having the amount of his fare (if he
has paid it) returned or tendered to him, does not comply with the request;
(c) if, on board the ship, after warning by the master or other officer thereof, he
molests or continues to molest any passenger;
(d) if, after having been refused admission to the ship by the owner or any person in
his employment on account of the ship being full, and having had the amount of
his fare (if he has paid it) returned or tendered to him, he nevertheless persists in
attempting to enter the ship;
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(e) if, having gone on board the ship at any place, and being requested, on account
of the ship being full, by the owner or any person in his employment to leave the
ship before it has left that place, and having had the amount of his fare (if he has
paid it) returned or tendered to him, he does not comply with that request;
(f) if, on arriving in the ship at a point to which he has paid his fare, he knowingly
and intentionally refuses or neglects to leave the ship; and
(g) if, on board the ship he fails, when requested by the master or other officer
thereof, either to pay his fare or show such ticket or other receipt, if any, showing
the payment of his fare, as is usually given to persons travelling by and paying
their fare for the ship;
but his liability in respect of any such offence shall not prejudice the recovery of any fare payable
by him.
(2) A person commits an offence if, on board any ship to which this section applies he
intentionally does or causes to be done anything in such a manner as to—
(a) obstruct or damage any part of the machinery or equipment of the ship; or
(b) obstruct, impede or molest the crew, or any of them, in the navigation or
management of the ship, or otherwise in the execution of their duty on or about
the ship.
(3) The master or other officer of any ship to which this section applies, and all persons
called by him to his assistance, may, without any warrant, detain any person who commits any
offence against subsection (1) or (2) and whose name and address are unknown to the master or
officer, and deliver that person to a police officer.
(4) A person guilty of an offence against subsection (1) or (2) shall be guilty of an
offence and liable, on summary conviction, to a fine of $1,000.
(5) If any person commits an offence against subsection (1) or (2) and on the
application of the master of the ship, or any other person in the employment of the owner thereof,
refuses to give his name and address, or gives a false name or address, that person shall be
guilty of an offence and liable, on summary conviction, to a fine of $1,000.
(6) This section applies to a ship for which there is in force a Passenger Ship Safety
Certificate or Passenger Certificate as the case may be, issued under or recognised by safety
regulations.
Power to exclude drunken passengers from certain passenger ships
115. (1) The master of any ship to which this section applies may refuse to receive on board
any person who by reason of drunkenness or otherwise is in such a state, or misconducts himself
in such a manner, as to cause annoyance or injury to passengers on board, and if any such
person is on board, may put him on shore at any convenient place.
(2) A person so refused admittance or put on shore shall not be entitled to the return of
any fare he has paid.
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(3) This section applies to a ship (whether or not a Bermuda ship) carrying more than
12 passengers and employed in carrying passengers between places in Bermuda.
Stowaways
116. (1) If a person, without the consent of the master or of any other person authorised to
give it, goes to sea or attempts to go to sea in a Bermuda ship, he shall be guilty of an offence and
liable on summary conviction to a fine of $2,000.
(2) Nothing in section 239 shall be taken to limit the jurisdiction of any court in
Bermuda to deal with an offence under this section which has been committed in a country
outside Bermuda by a person who is not a British citizen.
Unauthorised presence on board ship
117. Where a Bermuda ship or a ship registered in any other country is in a port in Bermuda
and a person who is neither in Her Majesty's service nor authorised by law to do so—
(a) goes on board the ship without the consent of the master or of any other persons
authorised to give it; or
(b) remains on board the ship after being requested to leave by the master, a police
officer, an officer authorised by the Minister or an officer of customs;
he shall be guilty of an offence and liable on summary conviction to a fine of $10,000.
Master's powers of arrest
118. The master of any Bermuda ship may cause any person on board the ship to be put
under restraint if and for so long as it appears to him necessary or expedient in the interest of
safety or for the preservation of good order or discipline on board the ship.
Unauthorised persons: offences relating to safety
119. (1) Where a person goes to sea in a ship without the consent of the master or of any
other person authorised to give it or is conveyed in a ship in pursuance of section 84(5)(b),
sections 70 and 71 shall apply as if he were a seaman employed in the ship.
(2) Subsection (1) shall, in its application to section 70 so far as that section applies to
ships which are not sea-going ships have effect—
(a) with the omission of the words "goes to sea in a ship"; and
(b) with the insertion, after the words "to give it", of the words "is on board a ship
while it is on a voyage or excursion".
Return to be furnished by masters of ships as to passengers
120. (1) The master of every ship, whether or not a Bermuda ship, which carries any
passenger to a place in Bermuda from any place out of Bermuda, or from any place in Bermuda
to any place out of Bermuda, shall furnish to such person and in such manner as the Minister
directs a return giving the total number of any passengers so carried, distinguishing, if so
directed by the Minister, the total number of any class of passengers so carried, and giving, if the
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Minister so directs, such particulars with respect to passengers as may be for the time being
required by the Minister.
(2) Any passenger shall furnish the master of the ship with any information required by
him for the purpose of the return.
(3) If—
(a) the master of a ship fails to make a return as required by this section, or makes
a false return;
(b) 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, for that purpose, gives
to the master information which he knows to be false or recklessly gives to him
information which is false;
the master or (as the case may be) passenger shall be guilty of an offence and liable on summary
conviction to a fine of $1,000 in the case of a failure or refusal and $2,000 in the case of a false
return or false information.
Returns of births, marriages and deaths in ships. etc.
121. (1) The Minister may make regulations under the following provisions of this section in
relation to births, marriages and deaths in the circumstances specified in those provisions.
(2) Regulations under this section may require the master of any Bermuda ship to make
a return to a superintendent, the Registrar General or proper officer of—
(a) the birth or death of any person occurring in the ship;
(b) the marriage of any person celebrated in the ship; and
(c) the death of any person employed in the ship, wherever occurring outside
Bermuda;
and to notify any such death to such person (if any) as the deceased may have named to him as
his next of kin.
(3) Regulations under this section may require the Registrar to record such information
as may be specified in the regulations about such a death as is referred to in subsection (2) in a
case where—
(a) it appears to him that the master of the ship cannot perform his duty under that
subsection because he has himself died or is incapacitated or missing; and
(b) any of the circumstances specified in subsection (4) exist.
(4) Those circumstances are that—
(a) the death in question has been the subject of—
(i) an inquest held by a coroner; or
(ii) an inquiry held in pursuance of section 232;
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and the findings of the inquest or inquiry include a finding that the death
occurred;
(b) the deceased's body has been the subject of a post-mortem examination.
(7) Regulations under this section may require the Registrar to send a certified copy of
any return or record made thereunder to the Registrar General.
(8) The Registrar General to whom any such certified copies are sent—
(a) shall record the information contained therein in the marine register; and
(b) may record in the marine register such additional information as appears to him
desirable for the purpose of ensuring the completeness and correctness of the
register;
and the enactments relating to the registration of births, marriages and deaths in Bermuda shall
have effect as if the marine register were a register of births (other than stillbirths), marriages or
deaths or certified copies of entries in such a register had been transmitted to the Registrar
General in accordance with those enactments.
(9) Regulations under this section may make a contravention of any provision thereof
an offence punishable on summary conviction with a fine not exceeding $1,000 or not exceeding
a lesser amount.
(10) Regulations under this section may contain provisions authorising the registration
of the following births and deaths occurring outside Bermuda in circumstances where no return
is required to be made under the preceding provisions of this section
(a) any birth or death of a British citizen, a British overseas territories citizen or a
British overseas citizen which occurs in a ship not registered in Bermuda;
(b) any death of any such citizen who has been employed in a ship not registered in
Bermuda which occurs elsewhere than in the ship; and
(c) any death of a person who has been employed in a Bermuda ship which occurs
elsewhere than in the ship.
(11) References in this section to deaths occurring in a ship include references to deaths
occurring in a ship's boat.
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PART VII
PREVENTION OF POLLUTION
CHAPTER I
Pollution Generally
Prevention of pollution from ships etc.
122. (1) The Minister may by statutory instrument make such provision as he considers
appropriate for the purpose of giving effect to any provision of any of the following international
agreements which have been ratified by the United Kingdom on behalf of Bermuda
(a) the International Convention for the Prevention of Pollution from Ships (including
its protocols, annexes and appendices) which constitutes attachment I to the
final act of the International Conference on Marine Pollution signed in London on
2nd November 1973;
(b) the Protocol relating to Intervention on the High Seas in Cases of Marine
Pollution by Substances other than Oil which constitutes attachment 2 to the
final act aforesaid;
(c) the Protocol relating to the said Convention which constitutes attachment 2 to
the final act of the International Conference on Tanker Safety and Pollution
Prevention signed in London on 17th February 1978;
(d) any international agreement not mentioned in paragraphs (a) to (c) which relates
to the prevention, reduction or control of pollution of the sea or other waters by
matter from ships;
and in paragraph (d) the reference to an agreement includes an agreement which provides for the
modification of another agreement, including the modification of an agreement mentioned in
paragraphs (a) to (c).
(2) The powers conferred by subsection (1) to provide for the purpose of giving effect to
an agreement include power to provide for the provision to come into force although the
agreement has not come into force.
(3) Without prejudice to the generality of subsection (1) a statutory instrument under
that subsection may in particular include provision
(a) for applying for the purpose mentioned in that subsection any enactment or
instrument relating to the pollution of the sea or other waters and also any of
sections 95, 229, 230 and 231;
(b) with respect to the carrying out of surveys and inspections for the purpose
aforesaid and the issue, duration and recognition of certificates for that purpose;
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(c) for repealing the provisions of any enactment or instrument so far as it appears
to the Minister that those provisions are not required having regard to any
provision made or proposed to be made by virtue of this section;
(d) with respect to the application of the statutory instrument to the Crown and the
extra-territorial operation of any provision made by or under the statutory
instrument;
(e) that a contravention of a provision made by or under the statutory instrument
shall be an offence punishable on summary conviction by a fine of $10,000 and
on conviction on indictment by a fine of $50,000 or imprisonment for a term of
two years or both;
(f) that any such contravention shall be an offence punishable only on summary
conviction by a fine of $10,000 or such less amount as is prescribed by the
statutory instrument;
(g) in connection with offences created by or under the statutory instrument,
corresponding to that made in connection with offences under section 130 by
section 142(3), 143 and 145 (whether by applying, or making provision for the
application of, any of those sections, subject to such modifications as may be
specified by or under the statutory instrument, or otherwise);
(h) for detaining any ship in respect of which such a contravention is suspected to
have occurred and, in relation to such a ship, for applying section 242 with such
modifications, if any, as are prescribed by the statutory instrument;
and nothing in any of the preceding provisions of this subsection shall be construed as
prejudicing the generality of any other of those provisions and in particular neither paragraph (g)
nor (h) shall prejudice paragraph (a).
(4) A statutory instrument under subsection (1) may
(a) make different provision for different circumstances;
(b) provide in terms of any document which the Minister or any person considers
relevant from time to time;
(c) provide for exemptions from any provisions of the statutory instrument;
(d) include such incidental, supplemental and transitional provisions as appear to
the Minister to be expedient for the purposes of the statutory instrument;
(e) provide that any enactment or other instrument applied by the statutory
instrument shall have effect as so applied subject to such modifications as may
be specified in the statutory instrument.
(5) A statutory instrument in pursuance of subsection (1)(b) may apply to areas of land
or sea or other Bermuda waters notwithstanding that the agreement in question does not relate
to those areas.
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(6) A statutory instrument proposed to be made by virtue of subsection (1) shall not be
made unless the instrument is to contain a statement that it is made only for any of the purposes
specified in subsection (7).
(7) The purposes referred to in subsection (6) are
(a) giving effect to an agreement mentioned in subsection (1)(a) to (c);
(b) providing as authorised by subsection (2) in relation to such an agreement;
[and a statutory instrument which contains a statement that it is made only for any of those
purposes shall be subject to negative resolution procedure].
Further provision for the prevention of pollution from ships
123. (1) The Minister may by statutory instrument make such provision as he considers
appropriate for the purpose of giving effect to any provision of the United Nations Convention on
the Law of the Sea 1982 (Cmnd 8941) for the protection and preservation of the marine
environment from pollution by matter from ships.
(2) Without prejudice to the generality of subsection (1), a statutory instrument under
that subsection may in particular include provision corresponding to any provision that is
authorised for the purposes of section 122 by subsections (3) and (4) of that section.
Regulation of transfers between ships in territorial waters
124. (1) The Minister may by regulations make, in relation to the transfer of cargo, stores,
bunker fuel or ballast between ships while within Bermuda waters, such provision as he
considers appropriate for preventing pollution, danger to health or to navigation, or hazards to
the environment or to natural resources.
(2) Regulations under this section may, in particular, do any of the following things—
(a) prohibit transfers of any specified description or prohibit transfers if, or unless,
carried out in specified areas, circumstances or ways;
(b) provide about—
(i) the design of, and standards to be met by, ships and equipment;
(ii) the manning of ships, including the qualifications and experience to be
possessed by persons of any specified description employed on board;
and
(iii) the qualifications and experience to be possessed by persons (whether
masters or not) controlling the carrying out of transfers or operations
ancillary thereto;
(c) provide for proposed transfers to be notified to and approved by persons
appointed by the Minister or another person, and for the supervision of transfers,
and the inspection of ships and equipment, by persons so appointed;
(d) provide—
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(i) for the procedure to be followed in relation to the approval of transfers to
be such as may be prescribed by any document specified in the
regulations; and
(ii) for references in the regulations to any document so specified to operate
as references to that document as revised or re-issued from time to time;
(e) provide for the making and keeping of records about ships and equipment, the
issuing of certificates, and the furnishing of information;
(f) provide for the granting by the Minister or another person of exemptions from
specified provisions of the regulations, on such terms (if any) as the Minister or
that other person may specify, and for altering or cancelling exemptions;
(g) limit any provision of the regulations to specified cases or kinds of case.
(3) Regulations under this section may provide—
(a) that a contravention of the regulations shall be an offence punishable on
summary conviction by a fine of $50,000 and on conviction on indictment by a
fine of $100,000 or imprisonment for a term of two years or both;
(b) that any such contravention shall be an offence punishable only on summary
conviction by a fine of $50,000 or such lower amount as is prescribed by the
regulations;
(c) that, in such cases as are prescribed by the regulations, such persons as are so
prescribed shall each be guilty of an offence created by virtue of paragraph (a) or
(b).
(4) Regulations under this section may—
(a) make different provision for different classes or descriptions of ships and for
different circumstances; and
(b) make such transitional, incidental or supplementary provision as appears to the
Minister to be necessary or expedient.
CHAPTER II
WASTE RECEPTION FACILITIES AT HARBOURS
General
125. (1) The Minister may by regulations make such provision as he considers appropriate in
relation to
(a) the provision at harbours in Bermuda of facilities for the reception of waste from
ships (in this Chapter referred to as "waste reception facilities"); and
(b) the use of waste reception facilities provided at such harbours.
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(2) In making the regulations, the Minister shall take into account the need to give effect
to provisions
(a) which are contained in any international agreement mentioned in section 122(1)
which has been ratified by the United Kingdom on behalf of Bermuda; and
(b) which relate to waste reception facilities.
(3) Sections 126 to 129 make further provision with respect to the regulations that may
be made under this section.
Waste management plans
126. (1) The regulations may provide requiring a harbour authority for a harbour in
Bermuda
(a) in such circumstances as may be prescribed, to prepare a plan with respect to
the provision and use of waste reception facilities at the harbour; and
(b) to submit the plan to the Minister for approval.
(2) The regulations may provide requiring a person
(a) if directed to do so by the Minister to prepare a plan with respect to the provision
and use of waste reception facilities at any terminals operated by him within a
harbour which is in Bermuda and is specified in the direction; and
(b) to submit the plan to the Minister for approval.
(3) For the purposes of this Chapter
(a) "terminal" means any terminal, jetty, pier, floating structure or other works
within a harbour at which ships can obtain shelter or ship and unship goods or
passengers; and
(b) a person operates a terminal if activities at the terminal are under his control.
(4) In the following provisions of this section, "waste management plan" means a plan of a
description mentioned in subsection (1) or (2).
(5) The regulations may provide with respect to the form and content of waste
management plans and may in particular require such plans to include
(a) proposals as to the information to be provided about waste reception facilities to
those who are expected to use them;
(b) proposals designed to ensure that adequate provision will be made for the
disposal of waste deposited in waste reception facilities; and
(c) proposals about how costs incurred in establishing and running waste reception
facilities will be recovered.
(6) The regulations may require a person preparing a waste management plan to have
regard to such matters as the Minister may prescribe or in a particular case direct.
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(7) The regulations may provide as to the procedures to be followed in connection with
waste management plans and may in particular
(a) require a person preparing a waste management plan to consult such persons as
the Minister may prescribe or in a particular case direct;
(b) enable the Minister to approve waste management plans with or without
modification or to reject such plans;
(c) enable the Minister, if he is satisfied that a person who is required to prepare a
waste management plan is not taking any steps necessary in connection with the
preparation of the plan, to prepare such a plan;
(d) require harbour authorities and persons operating terminals to implement waste
management plans once approved, or to take such steps as the Minister may in a
particular case direct for the purpose of securing that approved plans are
implemented;
(e) enable waste management plans, in such circumstances as may be prescribed, to
be withdrawn, altered or replaced.
Charges for and use of waste reception facilities
127. (1) The regulations may provide enabling a harbour authority, on levying port dues, to
impose charges for the purpose of recovering the whole or a part of the costs of the provision by
or on behalf of the authority of waste reception facilities at the harbour.
(2) The regulations may provide requiring the master of a ship
(a) if reasonably required to do so by a Departmental officer; or
(b) in such other circumstances as may be prescribed;
to deposit any waste carried by the ship, or any prescribed description of such waste, in waste
reception facilities provided at a harbour in Bermuda.
(3) The regulations may provide
(a) for the reference to arbitration of questions as to whether requirements made
under regulations made in pursuance of subsection (2)(a) were reasonable; and
(b) for compensation to be payable by the Minister where a requirement is found to
have been unreasonable.
(4) The regulations may make
(a) provision prohibiting the imposition by persons providing waste reception
facilities at harbours in Bermuda of charges for the depositing of waste, or any
prescribed description of waste, in the facilities; or
(b) provision authorising the imposition by such persons of such charges subject to
such restrictions as may be prescribed.
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(5) The regulations may provide for charges to be imposed by virtue of subsection (4)(b)
(a) even though the charges are for the depositing of waste in compliance with a
requirement imposed by virtue of subsection (2); and
(b) even though charges are also imposed by virtue of subsection (1).
(6) The regulations may require information about the charges to be published in a way
that is designed to bring the charges to the notice of persons likely to be affected.
(7) The regulations may provide as to the recovery of any charges imposed by virtue of
this section.
Supplementary
128. (1) The regulations may provide that where a person contravenes a requirement under
the regulations he is guilty of an offence and is liable
(a) on summary conviction, to a fine of $10,000; and
(b) on conviction on indictment to a fine of $50,000 or to imprisonment for a term of
two years or to both.
(2) The regulations may
(a) provide for exemptions from any provision of the regulations;
(b) provide for references in the regulations to any specified document to operate as
references to that document as revised or re-issued from time to time;
(c) make different provision for different cases;
(d) include such incidental, supplemental and transitional provision as appears to
the Minister to be expedient.
(3) Regulations under section 125 which contain any provision of a description
mentioned in section 127 (whether or not they also contain other provision) shall be subject to
affirmative resolution procedure.
(4) A statutory instrument containing regulations under section 125 to which subsection
(3) does not apply (including regulations which revoke provision of a description mentioned in
section 127 but do not contain any other provision made by virtue of section 127, shall be subject
to negative resolution procedure.
Interpretation of Chapter II
129. In this Chapter
"prescribe" means prescribe by regulations;
"waste reception facilities" has the meaning given by section 125(1)."
"port dues" has the meaning given in the Marine Board Act 1962.
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CHAPTER III
OIL POLLUTION
General provisions for preventing pollution
Discharge of oil from ships into certain Bermuda waters
130. (1) If any oil or mixture containing oil is discharged as mentioned in the following
paragraphs into Bermuda national waters which are navigable by sea-going ships, then, subject
to the following provisions of this Chapter, the following shall be guilty of an offence, that is to
say—
(a) if the discharge is from a ship, the owner or master of the ship, unless he proves
that the discharge took place and was caused as mentioned in paragraph (b);
(b) if the discharge is from a ship but takes place in the course of a transfer of oil to
or from another ship or a place on land and is caused by the act or omission of
any person in charge of any apparatus in that other ship or that place, the owner
or master of that other ship or, as the case may be, the occupier of that place.
(2) Subsection (1) does not apply to any discharge which—
(a) is made into the sea; and
(b) is of a kind or is made in circumstances for the time being prescribed by
regulations made by the Minister.
(3) A person guilty of an offence under this section shall be liable—
(a) on summary conviction, to a fine of $500,000;
(b) on conviction on indictment, to a fine of $1,000,000.
(4) In this section "sea" includes any estuary or arm of the sea.
(5) In this section "place on land" includes anything resting on the bed or shore of the
sea, or of any other waters included in Bermuda waters, and also includes anything afloat (other
than a ship) if it is anchored or attached to the bed or shore of the sea or any such waters.
(6) In this section "occupier", in relation to any such thing as is mentioned in
subsection (5), if it has no occupier, means the owner thereof.
Defences of owner or master charged with offence under section 130
131. (1) Where a person is charged with an offence under section 130 as the owner or
master of a ship, it shall be a defence to prove that the oil or mixture was discharged for the
purpose of—
(a) securing the safety of any ship;
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(b) preventing damage to any ship or cargo; or
(c) saving life;
unless the court is satisfied that the discharge of the oil or mixture was not necessary for that
purpose or was not a reasonable step to take in the circumstances.
(2) Where a person is charged with an offence under section 130 as the owner or
master of a ship, it shall also be a defence to prove
(a) that the oil or mixture escaped in consequence of damage to the ship, and that
as soon as practicable after the damage occurred all reasonable steps were taken
for preventing, or (if it could not be prevented) for stopping or reducing, the
escape of the oil or mixture; or
(b) that the oil or mixture escaped by reason of leakage, that neither the leakage nor
any delay in discovering it was due to any want of reasonable care, and that as
soon as practicable after the escape was discovered all reasonable steps were
taken for stopping or reducing it.
Defences of occupier charged with offence under section 130
132. Where a person is charged, in respect of the escape of any oil or mixture containing oil,
with an offence under section 130 as the occupier of a place on land, it shall be a defence to
prove that neither the escape nor any delay in discovering it was due to any want of reasonable
care and that as soon as practicable after it was discovered all reasonable steps were taken for
stopping or reducing it.
Restrictions on transfer of oil at night
133. (1) No oil shall be transferred between sunset and sunrise to or from a ship in any
harbour in Bermuda unless the requisite notice has been given in accordance with this section or
the transfer is for the purposes of a fire brigade.
(2) A general notice may be given to the harbour master of a harbour that transfers of
oil between sunset and sunrise will be frequently carried out at a place in the harbour within
such period, not ending later than twelve months after the date on which the notice is given, as is
specified in the notice; and if such a notice is given it shall be the requisite notice for the
purposes of this section as regards transfers of oil at that place within the period specified in the
notice.
(3) Subject to subsection (2), the requisite notice for the purposes of this section shall
be a notice given to the harbour master not less than three hours nor more than 96 hours before
the transfer of oil begins.
(4) If any oil is transferred to or from a ship in contravention of this section, the master
of the ship, and, if the oil is transferred from or to a place on land, the occupier of that place,
shall be guilty of an offence and liable on summary conviction to a fine of $2,000.
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Duty to report discharge of oil into waters of harbours
134. (1) If any oil or mixture containing oil—
(a) is discharged from a ship into the waters of a harbour in Bermuda; or
(b) is found to be escaping or to have escaped from a ship into any such waters;
the owner or master of the ship shall forthwith report the occurrence to the harbour master.
(2) A report made under subsection (1) shall state whether the occurrence falls within
subsection (1)(a) or (b).
(3) If a person fails to make a report as required by this section he shall be guilty of an
offence and liable on summary conviction to a fine of $10,000.
Shipping casualties
Shipping casualties
135. (1) The powers conferred by this section shall be exercisable where—
(a) an accident has occurred to or in a ship; and
(b) in the opinion of the Minister oil from the ship will or may cause significant
pollution in Bermuda or in Bermuda waters; and
(c) in the opinion of the Minister the use of the powers conferred by this section is
urgently needed;
but those powers are subject to the limitations contained in subsections (6) and (7).
(2) For the purpose of preventing or reducing oil pollution, or the risk of oil pollution,
the Minister may give directions as respects the ship or its cargo—
(a) to the owner of the ship, or to any person in possession of the ship;
(b) to the master of the ship;
(c) to any pilot of the ship;
(d) to any salvor in possession of the ship, or to any person who is the servant or
agent of any salvor in possession of the ship, and who is in charge of the salvage
operation; or
(e) where the ship is in waters which are regulated or managed by a harbour
authority
(i) to the harbour master; or
(ii) to the harbour authority.
(3) Directions under subsection (2) may require the person to whom they are given to
take, or refrain from taking, any action of any kind whatsoever, and without prejudice to the
generality of the preceding provisions of this subsection the directions may require—
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(a) that the ship is to be, or is not to be, moved, or is to be moved to a specified
place, or is to be removed from a specified area or locality; or
(b) that the ship is not to be moved to a specified place or area, or over a specified
route; or
(c) that any oil or other cargo is to be, or is not to be, unloaded or discharged; or
(d) that specified salvage measures are to be, or are not to be, taken.
(4) If in the opinion of the Minister the powers conferred by subsection (2) are, or have
proved to be, inadequate for the purpose, the Minister may, for the purpose of preventing or
reducing oil pollution, or the risk of oil pollution, take, as respects the ship or its cargo, any
action of any kind whatsoever, and without prejudice to the generality of the preceding provisions
of this subsection the Minister may—
(a) take any such action as he has power to require to be taken by a direction under
this section;
(b) undertake operations for the sinking or destruction of the ship, or any part of it,
of a kind which is not within the means of any person to whom he can give
directions;
(c) undertake operations which involve the taking over of control of the ship.
(5) The powers of the Minister under subsection (4) shall also be exercisable by such
persons as may be authorised for the purpose by the Minister.
(6) Every person concerned with compliance with directions given, or with action taken,
under this section shall use his best endeavours to avoid any risk to human life.
(7) The provisions of this section and of section 140 are without prejudice to any rights
or powers of Her Majesty's Government in Bermuda exercisable apart from those sections
whether under international law or otherwise.
(8) It is hereby declared that any action taken as respects a ship which is under arrest
or as respects the cargo of such a ship, being action duly taken in pursuance of a direction given
under this section, or being any action taken under subsection (4) or (5)—
(a) does not constitute contempt of court; and
(b) does not in any circumstances make the Admiralty Marshal liable in any civil
proceedings.
(9) In this section, unless the context otherwise requires—
“accident" means a collision of ships, stranding or other incident of navigation, or other
occurrence on board a ship or external to it resulting in material damage or imminent
threat of material damage to a ship or cargo;
“owner", in relation to the ship to or in which an accident has occurred, includes its
owner at the time of the accident;
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"pilot" means any person not belonging to a ship who has the conduct of the ship; and
"specified" in relation to a direction under this section, means specified by the direction.
Right to recover in respect of unreasonable loss or damage
136. (1) If any action duly taken by a person in pursuance of a direction given to him under
section 135, or any action taken under section 135(4) or (5)—
(a) was not reasonably necessary to prevent or reduce oil pollution, or risk of oil
pollution; or
(b) was such that the good it did or was likely to do was disproportionately less than
the expense incurred, or damage suffered, as a result of the action;
a person incurring expense or suffering damage as a result of, or by himself taking, the action
shall be entitled to recover compensation from the Minister.
(2) In considering whether subsection (1) applies, account shall be taken of—
(a) the extent and risk of oil pollution if the action had not been taken;
(b) the likelihood of the action being effective; and
(c) the extent of the damage which has been caused by the action.
(3) Any reference in this section to the taking of any action includes reference to a
compliance with a direction not to take some specified action.
(4) The Admiralty jurisdiction of the Supreme Court shall include jurisdiction to hear
and determine any claim arising under this section.
Application of sections 135 and 136 to pollution by substances other than oil
137. (1) In sections 135 and 136 any reference to oil pollution includes a reference to pollution
by any other substance which
(a) is prescribed by the Minister by order for the purposes of this section; or
(b) although not so prescribed, is liable to create hazards to human health, to harm
living resources and marine life, to damage amenities or to interfere with other
legitimate uses of the sea.
(2) Accordingly, any reference in those sections to oil includes a reference to any
substance falling within subsection (1)(a) or (b).
Offences in relation to section 135
138. (1) If the person to whom a direction is duly given under section 135 contravenes, or
fails to comply with, any requirement of the direction he shall be guilty of an offence.
(2) If a person intentionally obstructs any person who is —
(a) acting on behalf of the Minister in connection with the giving or service of a
direction under section 135;
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(b) acting in compliance with a direction under that section; or
(c) acting under section 135(4) or (5);
he shall be guilty of an offence.
(3) In proceedings for an offence under subsection (1), it shall be a defence for the
accused to prove that he has used all due diligence to ensure compliance with the directions or
that he had reasonable cause for believing that compliance with the direction would have
involved a serious risk to human life.
(4) A person guilty of an offence under this section shall be liable —
(a) on summary conviction, to a fine of $100,000.
(b) on conviction on indictment, to a fine of $200,000.
Service of directions under section 135
139. (1) If the Minister is satisfied that a company or other body is not one to whom section
62A or 147(2) of the Companies Act 1981 (service of notices) applies so as to authorise the service
of a direction on that body under either of those sections, he may give a direction under section
135 of this Act—
(a) to that body, as the owner of, or the person in possession of, a ship, by serving
the direction on the master of the ship; or
(b) to that body, as a salvor, by serving the direction on the person in charge of the
salvage operations.
(2) For the purpose of giving or serving a direction under section 135 to or on any
person on a ship, a person acting on behalf of the Minister shall have the right to go on board the
ship.
Application of sections 135 to 139 to certain foreign and other ships
140. (1) The Minister may by order provide that sections 135 to 139, together with any other
provisions of this Chapter, shall apply to a ship—
(a) which is not a Bermuda ship; and
(b) which is for the time being outside Bermuda waters ;
in such cases and circumstances as may be specified in the order, and subject to such
exceptions, adaptations and modifications, if any, as may be so specified.
(2) An order under subsection (1) may contain such transitional and other
consequential provisions as appear to the Minister to be expedient.
(3) Except as provided by an order under subsection (1), no direction under section 135
shall apply to a ship which is not a Bermuda ship and which is for the time being outside
Bermuda waters, and no action shall be taken under section 135(4) or (5) as respects any such
ship.
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(4) No direction under section 135 shall apply to any ship of Her Majesty's navy or to
any government ship and no action shall be taken under section 135(4) or (5) as respects any
such ship.
Enforcement
Oil records
141. (1) The Minster may make regulations requiring oil record books to be carried in
Bermuda ships and requiring the master of any such ship to record in the oil record book carried
by it—
(a) the carrying out, on board or in connection with the ship, of such of the following
operations as may be prescribed relating to—
(i) the loading of oil cargo;
(ii) the transfer of oil cargo during a voyage;
(iii) the discharge of oil cargo;
(iv) the ballasting of oil tanks (whether cargo or bunker fuel tanks) and the
discharge of ballast from, and cleaning of, such tanks;
(v) the separation of oil from water, or from other substances, in any
mixture containing oil;
(vi) the disposal of any oil or water, or any other substance, arising from
operations relating to any of the matters specified in (i) to (v); or
(vii) the disposal of any other oil residues;
(b) any occasion on which oil or a mixture containing oil is discharged from the ship
for the purpose of securing the safety of any ship, or of preventing damage to any
ship or cargo, or of saving life;
(c) any occasion on which oil or a mixture containing oil is found to be escaping, or
to have escaped, from the ship in consequence of damage to the ship, or by
reason of leakage.
(2) The Minister may make regulations requiring the keeping of records relating to the
transfer of oil to and from ships while they are within Bermuda waters; and the requirements of
any regulations made under this subsection shall be in addition to the requirements of any
regulations made under subsection (1).
(3) Any records required to be kept by regulations made under subsection (2) shall,
unless the ship is a barge, be kept by the master of the ship, and shall, if the ship is a barge, be
kept, in so far as they relate to the transfer of oil to the barge, by the person supplying the oil
and, in so far as they relate to the transfer of oil from the barge, by the person to whom the oil is
delivered.
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(4) Regulations under this section requiring the carrying of oil record books or the
keeping of records may—
(a) prescribe the form of the oil record books or records and the nature of the entries
to be made in them;
(b) require the person providing or keeping the books or records to retain them for a
prescribed period;
(c) require that person, at the end of the prescribed period, to transmit the books or
records to a place or person determined by or under the regulations;
(d) provide for the custody or disposal of the books or records after their
transmission to such a place or person.
(5) Regulations under this section may—
(a) be made with respect to all or with respect to any one or more of the classes of
ship or other matters to which this section relates;
(b) make different provision for different classes of ship or otherwise for different
classes of case or different circumstances.
(6) If any ship fails to carry such an oil record book as it is required to carry under this
section the owner or master shall be guilty of an offence and liable on summary conviction to a
fine of $10,000.
(7) If any person fails to comply with any requirements imposed on him by or under
this section, he shall be guilty of an offence and liable on summary conviction to a fine of
$10,000.
(8) If any person makes an entry in any oil record book carried or record kept under
this section which is to his knowledge false or misleading in any material particular, he shall be
guilty of an offence and liable—
(a) on summary conviction, to a fine of $10,000, or imprisonment for a term of six
months, or both;
(b) on conviction on indictment, to a fine of $50,000 or to imprisonment for a term of
two years, or both.
(9) In any proceedings under this Chapter—
(a) any oil record book carried or record kept in pursuance of regulations made
under this section shall be admissible as evidence, of the facts stated in it;
(b) any copy of an entry in such an oil record book or record which is certified by the
master of the ship in which the book is carried or by the person by whom the
record is required to be kept to be a true copy of the entry shall be admissible as
evidence, of the facts stated in the entry;
(c) any document purporting to be an oil record book carried or record kept in
pursuance of regulations made under this section, or purporting to be such a
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certified copy as is mentioned in paragraph (b), shall, unless the contrary is
proved, be presumed to be such a book, record or copy, as the case may be.
(10) In this section "barge" includes a lighter and any similar vessel.
Prosecutions and enforcement of fines
142. (1) Proceedings for an offence under this Chapter may be brought only—
(a) by or with the consent of the Director of Public Prosecutions; or
(b) if the offence is one to which subsection (2) applies, by the harbour authority; or
(c) unless the offence is one mentioned in subsection (2)(b) or (c), by the Minister or
a person authorised by any general or special direction of the Minister.
(2) This subsection applies to the following offences—
(a) any offence under section 130 which is alleged to have been committed by the
discharge of oil, or a mixture containing oil, into the waters of a harbour in
Bermuda;
(b) any offence in relation to a harbour in Bermuda under section 133 or 134; and
(c) any offence under section 141 relating to the keeping of records of the transfer of
oil within such a harbour.
(3) Any document required or authorised, by virtue of any statutory provision, to be
served on a foreign company for the purposes of the institution of, or otherwise in connection
with, proceedings for an offence under section 130 alleged to have been committed by the
company as the owner of the ship shall be treated as duly served on that company if the
document is served on the master of the ship.
(4) Any person authorised to serve any document for the purposes of the institution of,
or otherwise in connection with, proceedings for an offence under this Chapter shall, for that
purpose, have the right to go on board the ship in question.
(5) In subsection (3) "foreign company" means a company or body which is not one to
which any of sections 62A or 147(2) of the Companies Act 1981 applies so as to authorise the
service of the document in question under any of those provisions.
Power to detain ships for section 130 offences
143. (1) Where a harbour master has reason to believe that the master or owner of a ship
has committed an offence under section 130 by the discharge from the ship of oil, or a mixture
containing oil, into the waters of the harbour, the harbour master may detain the ship.
(2) Section 242, in its application to the detention of a ship under this section, shall
have effect with the omission of subsections (1), (6) and (7) and as if—
(a) in subsection (2), the reference to competent authority were a reference to the
harbour authority; and
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(b) in subsection (4), the persons in relation to whom that subsection applies were
the harbour master or any person acting on his behalf.
(3) Where a harbour master, detains a ship other than a Bermuda ship under this
section he shall immediately notify the Minister, who shall then inform the consul or diplomatic
representative of the State whose flag the ship is entitled to fly or the appropriate maritime
authorities of that State.
(4) A harbour master who detains a ship under this section shall immediately release
the ship—
(a) if no proceedings for the offence are instituted within the period of seven days
beginning with the day on which the ship is detained;
(b) if proceedings for the offence, having been instituted within that period, are
concluded without the master or owner being convicted;
(c) if either—
(i) the sum of $500,000 is paid to the harbour authority by way of security;
or
(ii) security which, in the opinion of the harbour authority, is satisfactory
and is for an amount not less than $500,000 is given to the harbour
authority, by or on behalf of the master or owner; or
(d) where the master or owner is convicted of the offence, if any costs or expenses
ordered to be paid by him, and any fine imposed on him, have been paid.
(5) The harbour authority shall repay any sum paid in pursuance of subsection (4)(c)
or release any security so given—
(a) if no proceedings for the offence are instituted within the period of seven days
beginning with the day on which the sum is paid; or
(b) if proceedings for the offence, having been instituted within that period, are
concluded without the master or owner being convicted.
(6) Where a sum has been paid, or security has been given, by any person in pursuance
of subsection (4)(c) and the master or owner is convicted of the offence, the sum so paid or the
amount made available under the security shall be applied as follows
(a) first in payment of any costs or expenses ordered by the court to be paid by the
master or owner; and
(b) next in payment of any fine imposed by the court;
and any balance shall be repaid to the first-mentioned person.
(7) This section does not apply in relation to a ship of Her Majesty's Navy or any
government ship.
(8) In subsection (3) "Bermuda ship" has the same meaning as in section 93(4).
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Interpretation of section 143
144. (1) This section has effect for the interpretation of the references in section 143 to the
institution of proceedings or their conclusion without the master or owner of a ship being
convicted of an offence under section 130.
(2) For the purposes of section 143 in its application to Bermuda—
(a) proceedings for an offence under section 130 are instituted—
(i) when a magistrate issues a summons or warrant under section 3 of the
Summary Jurisdiction Act 1930 in respect of the offence;
(ii) when a person is charged with the offence after being arrested without a
warrant;
(iii) when a bill of indictment is preferred under section 485 of the Criminal
Code Act 1907; and
(b) proceedings for the offence are concluded without the master or owner being
convicted on the occurrence of one of the following events—
(i) the discontinuance of the proceedings;
(ii) the acquittal of the master or owner;
(iii) the quashing of the master's or owner's conviction of the offence;
(iv) the grant of Her Majesty's pardon in respect of the masters or owner's
conviction of the offence.
Enforcement and application of fines
145. (1) Where a fine imposed by a court in proceedings against the owner or master of a
ship for an offence under this Chapter is not paid, or any costs or expenses ordered to be paid by
him are not paid, at the time ordered by the court, the court shall, in addition to any other
powers of enforcing payment, have power to direct the amount remaining unpaid to be levied by
distress, of the ship and its equipment.
(2) Where a person is convicted of an offence under section 130, and the court imposes
a fine in respect of the offence, then, if it appears to the court that any person has incurred, or
will incur, expenses in removing any pollution, or making good any damage, which is attributable
to the offence, the court may order the whole or part of the fine to be paid to that person for or
towards defraying those expenses.
Enforcement of Conventions relating to oil pollution
146. (1) The Minister may by order empower such persons as may be designated by or under
the order to go on board any Convention ship while the ship is within a harbour in Bermuda, and
to require production of any oil record book required to be carried in accordance with the
Convention.
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(2) An order under this section may, for the purposes of the order, and with any
necessary modifications, apply any of the provisions of this Chapter relating to the production
and inspection of oil record books and the taking of copies of entries therein, and to the
admissibility in evidence of such oil record books and copies, including any penal provisions of
this Chapter in so far as they relate to those matters, and may also apply section 220.
(3) The Minister, if satisfied that the government of any country has accepted, or
denounced, the Convention, or that the Convention extends, or has ceased to extend, to any
territory, may by order make a declaration to that effect.
(4) In this section—
"the Convention" means any Convention accepted by Her Majesty's Government in
Bermuda in so far as it relates to the prevention of pollution of the sea by oil; and
"Convention ship" means a ship registered in—
(a) a country the government of which has been declared by an order under
subsection (3) to have accepted the Convention, and has not been so declared to
have denounced it; or
(b) a territory to which it has been so declared that the Convention extends, not
being a territory to which it has been so declared that the Convention has ceased
to extend.
Miscellaneous and supplementary
Power of the Minister to grant exemptions
147. The Minister may exempt from any of the provisions of this Chapter or of any regulations
made thereunder, either absolutely or subject to such conditions as he thinks fit—
(a) any ship or classes of ships;
(b) any discharge of, or of a mixture containing, oil.
Application to Government ships
148. (1) This Chapter does not apply to ships of Her Majesty's navy, nor to Government
ships in the service of the Secretary of State while employed for the purposes of Her Majesty's
navy.
(2) Subject to subsection (1) and to section 140(4) and section 143(7)—
(a) provisions of this Chapter which are expressed to apply only to Bermuda ships
apply to Government ships registered in Bermuda and also to Government ships
not so registered but held for the purposes of Her Majesty's Government in
Bermuda.
(b) provisions of this Chapter which are expressed to apply to ships generally apply
to Government ships.
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Interpretation
149. (1) In this Chapter—
"harbour authority" means a person or body of persons empowered by an enactment to
make charges in respect of ships entering a harbour in Bermuda or using facilities
therein;
"harbour in Bermuda" means a port, estuary, haven, dock or other place the waters of
which are within Bermuda waters and in respect of entry into or the use of which by
ships a person or body of persons is empowered by an enactment to make any
charges other than charges in respect of navigational aids or pilotage;
"harbour master" includes a dock master or pier master, and any person specially
appointed by a harbour authority for the purpose of enforcing the provisions of this
Chapter in relation to the harbour;
“oil" means oil of any description and includes spirit produced from oil of any description,
and also includes coal tar;
"oil residues" means any waste consisting of, or arising from, oil or a mixture containing
oil;
“place on land" has the meaning given in section 130(5);
"transfer", in relation to oil, means transfer in bulk.
(2) For the purposes of the definition of "harbour in Bermuda" "charges in respect of
navigational aids" means general light dues, local light dues and any other charges payable in
respect of lighthouses, buoys or beacons.
(3) Any reference in any provision of this Chapter to a mixture containing oil shall be
construed as a reference to any mixture of oil (or, as the case may be, of oil of a description
referred to in that provision) with water or with any other substance.
(4) Any reference in this Chapter, other than in section 134, to the discharge of oil or a
mixture containing oil, or to its being discharged, from a ship, place or thing, except where the
reference is to its being discharged for a specific purpose, includes a reference to the escape of oil
or mixture, or (as the case may be) to its escaping, from that ship, place or thing.
(5) For the purposes of any provision of this Chapter relating to the discharge of oil or a
mixture containing oil from a ship, any floating craft (other than a ship) which is attached to a
ship shall be treated as part of the ship.
(6) Any power conferred by section 220 in its application to this Chapter to test any
equipment on board a ship shall be construed as including a power to require persons on board
the ship to carry out such work as may be requisite for the purpose of testing the equipment; and
any provision of that section as to submitting equipment for testing shall be construed
accordingly.
(7) Nothing in this Chapter shall—
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(a) affect any restriction imposed by or under any other enactment, whether
contained in a public general Act or a local or private Act; or
(b) derogate from any right of action or other remedy (whether civil or criminal) in
proceedings instituted otherwise than under this Chapter.
CHAPTER IV
LIABILITY FOR OIL POLLUTION
Preliminary
Meaning of "The Liabilities Convention" and related expressions
150. (1) In this chapter
"the Liability Convention" means the International Convention on Civil Liability for Oil
Pollution Damage 1992;
"Liability Convention country" means a country in respect of which the Liability
Convention is in force; and
"Liability Convention State" means a State which is a party to the Convention.
(2) If the Minister by order declares that any State specified in the order is a party to
the Liability Convention in respect of any country so specified the order shall, while in force, be
conclusive evidence that that State is a party to the Liability Convention in respect of that
country.
Liability
Liability for oil pollution in case of tankers
151. (1) Where, as a result of any occurrence, any oil is discharged or escapes from a ship to
which this section applies, then (except as otherwise provided by this Chapter) the owner of the
ship shall be liable
(a) for any damage caused outside the ship in the territory of Bermuda by
contamination resulting from the discharge or escape; and
(b) for the cost of any measures reasonably taken after the discharge or escape for
the purpose of preventing or minimising any damage so caused in the territory of
Bermuda by contamination resulting from the discharge or escape; and
(c) for any damage caused in the territory of Bermuda by any measures so taken.
(2) Where, as a result of any occurrence, there arises a grave and imminent threat of
damage being caused outside a ship to which this section applies by the contamination that
might result if there were a discharge or escape of oil from the ship, then (except as otherwise
provided by this Chapter) the owner of the ship shall be liable
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(a) for the cost of any measures reasonably taken for the purpose of preventing or
minimising any such damage in the territory of Bermuda; and
(b) for any damage caused outside the ship in the territory of Bermuda by any
measures so taken;
and in this Chapter any such threat is referred to as a relevant threat of contamination.
(3) Subject to subsection (4), this section applies to any ship constructed or adapted for
carrying oil in bulk as cargo.
(4) Where any ship so constructed or adapted is capable of carrying other cargoes
besides oil, this section shall apply to any such ship
(a) while it is carrying oil in bulk as cargo; and
(b) unless it is proved that no residues from the carriage of any such oil remain in
the ship, while it is on any voyage following the carriage of any such oil;
but not otherwise.
(5) Where a person incurs a liability under subsection (1) or (2) he shall also be liable
for any damage or cost for which he would be liable under that subsection if the references in it
to the territory of Bermuda included the territory of any other Liability Convention country.
(6) Where
(a) as a result of any occurrence, a liability is incurred under this section by the
owner of each of two or more ships; but
(b) the damage or cost for which each of the owners would be liable cannot
reasonably be separated from that for which the other or others would be
liable;
each of the owners shall be liable, jointly with the other or others, for the whole of the damage or
cost for which the owners together would be liable under this section.
(7) For the purposes of this Chapter
(a) references to a discharge or escape of oil from a ship are references to such a
discharge or escape wherever it may occur, and whether it is of oil carried in a
cargo tank or of oil carried in a bunker fuel tank;
(b) where more than one discharge or escape results from the same occurrence or
from a series of occurrences having the same origin, they shall be treated as one,
but any measures taken after the first of them shall be deemed to have been
taken after the discharge or escape; and
(c) where a relevant threat of contamination results from a series of occurrences
having the same origin, they shall be treated as a single occurrence.
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(8) The Law Reform (Liability in Tort) Act 1951 shall apply in relation to any damage or
cost for which a person is liable under this section, but which is not due to his fault, as if it were
due to his fault.
Liability for oil pollution in case of other ships
152. (1) Where, as a result of any occurrence, any oil is discharged or escapes from a ship
other than a ship to which section 151 applies, then (except as otherwise provided by this
Chapter) the owner of the ship shall be liable
(a) for any damage caused outside the ship in the territory of Bermuda by
contamination resulting from the discharge or escape; and
(b) for the cost of any measures reasonably taken after the discharge or escape for
the purpose of preventing or minimising any damage so caused in the territory of
Bermuda by contamination resulting from the discharge or escape; and
(c) for any damage so caused in the territory of Bermuda by any measures so taken.
(2) Where, as a result of any occurrence, there arises a grave and imminent threat of
damage being caused outside a ship other than a ship to which section 151 applies by the
contamination which might result if there were a discharge or escape of oil from the ship, then
(except as otherwise provided by this Chapter) the owner of the ship shall be liable
(a) for the cost of any measures reasonably taken for the purpose of preventing or
minimising any such damage in the territory of Bermuda; and
(b) for any damage caused outside the ship in the territory of Bermuda by any
measures so taken;
and in the subsequent provisions of this Chapter any such threat is referred to as a relevant
threat of contamination.
(3) Where
(a) as a result of any occurrence, a liability is incurred under this section by the
owner of each of two or more ships; but
(b) the damage or cost for which each of the owners would be liable cannot
reasonably be separated from that for which the other or others would be liable;
each of the owners shall be liable, jointly with the other or others, for the whole of the damage or
cost for which the owners together would be liable under this section.
(4) The Law Reform (Liability in Tort) Act 1951 shall apply in relation to any damage or
cost for which a person is liable under this section, but which is not due to his fault, as if it were
due to his fault.
(5) In this section "ship" includes a vessel which is not seagoing.
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Exceptions from liability under sections 151 and 152
153. No liability shall be incurred by the owner of a ship under section 151 or 152 by reason
of any discharge or escape of oil from the ship, or by reason of any relevant threat of
contamination, if he proves that the discharge or escape, or (as the case may be) the threat of
contamination
(a) resulted from an act of war, hostilities, civil war, insurrection or an exceptional,
inevitable and irresistible natural phenomenon; or
(b) was due wholly to anything done or omitted to be done by another person, not
being a servant or agent of the owner, with intent to do damage; or
(c) was due wholly to the negligence or wrongful act of a government or other
authority in exercising its function of maintaining lights or other navigational
aids for the maintenance of which it was responsible.
Restriction of liability for oil pollution
154. (1) Where, as a result of any occurrence
(a) any oil is discharged or escapes from a ship (whether one to which section 151 or
one to which section 152 applies); or
(b) there arises a relevant threat of contamination;
then, whether or not the owner of the ship in question incurs a liability under section 151 or 152
(i) he shall not be liable otherwise than under that section for any such damage
or cost as is mentioned in it; and
(ii) no person to whom this paragraph applies shall be liable for any such
damage or cost unless it resulted from anything done or omitted to be done
by him either with intent to cause any such damage or cost or recklessly and
in the knowledge that any such damage or cost would probably result.
(2) Subsection (1)(ii) applies to
(a) any servant or agent of the owner of the ship;
(b) any person not falling within paragraph (a) but employed or engaged in any
capacity on board the ship or to perform any service for the ship;
(c) any charterer of the ship (however described and including a demise charterer),
and any manager or operator of the ship;
(d) any person performing salvage operations with the consent of the owner of the
ship or on the instructions of a competent public authority;
(e) any person taking any such measures as are mentioned in subsection (1)(b) or
(2)(a) of section 151 or 152;
(f) any servant or agent of a person falling within paragraph (c), (d) or (e).
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(3) The liability of the owner of a ship under section 151 or 152 for any impairment of
the environment shall be taken to be a liability only in respect of—
(a) any resulting loss of profits; and
(b) the cost of any reasonable measures of reinstatement actually taken or to be
taken.
Limitation of liability
Limitation of liability under section 151
155. (1) Where, as a result of any occurrence, the owner of a ship incurs liability under section
151 by reason of a discharge or escape or by reason of any relevant threat of contamination, then
(subject to subsection (3)
(a) he may limit that liability in accordance with the provisions of this Chapter; and
(b) if he does so, his liability (being the aggregate of his liabilities under section 151
resulting from the occurrence) shall not exceed the relevant amount.
(2) In subsection (1), "the relevant amount" means
(a) in relation to a ship not exceeding 5,000 tons, three million special drawing
rights;
(b) in relation to a ship exceeding 5,000 tons, three million special drawing rights
together with an additional 420 special drawing rights for each ton of its tonnage
in excess of 5,000 tons up to a maximum amount of 59.7 million special drawing
rights;
but the Minister may by order make such amendments of paragraphs (a) and (b) as appear to
him to be appropriate for the purpose of giving effect to the entry into force of any amendment of
the limits of liability laid down in paragraph I of Article V of the Liability Convention.
(3) Subsection (1) shall not apply in a case where it is proved that the discharge or
escape, or (as the case may be) the relevant threat of contamination, resulted from anything done
or omitted to be done by the owner either with intent to cause any such damage or cost as is
mentioned in section 151 or recklessly and in the knowledge that any such damage or cost would
probably result.
(4) For the purposes of this section a ship's tonnage shall be its gross tonnage
calculated in such manner as may be prescribed by an order made by the Minister.
(5) Any such order shall, so far as it appears to the Minister to be practicable, give effect
to the regulations in Annex 1 of the International Convention on Tonnage Measurement of Ships
1969.
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Limitation actions
156. (1) Where the owner of a ship has or is alleged to have incurred a liability under section
151 he may apply to the court for the limitation of that liability to an amount determined in
accordance with section 155.
(2) If on such an application the court finds that the applicant has incurred such a
liability but has not found that he is entitled to limit it, the court shall, after determining the limit
which would apply to the applicant's liability if he were entitled to limit it and directing payment
into court of the amount of that limit
(a) determine the amounts that would, apart from the limit, be due in respect of the
liability to the several persons making claims in the proceedings; and
(b) direct the distribution of the amount paid into court (or, as the case may be, so
much of it as does not exceed the liability) among those persons in proportion to
their claims, subject to the following provisions of this section.
(3) Where
(a) a distribution is made under subsection (2)(b) without the court having found
that the applicant is entitled to limit his liability; and
(b) the court subsequently finds that the applicant is not so entitled;
the making of the distribution is not to be regarded as affecting the applicant's liability in excess
of the amount distributed.
(4) A payment into court of the amount of a limit determined in pursuance of this
section shall be made in United States dollars; and
(a) for the purpose of converting such an amount from special drawing rights into
United States dollars one special drawing right shall be treated as equal to such
a sum in United States dollars the International Monetary Fund have fixed as
being the equivalent of one special drawing right for
(i) the day on which the determination is made; or
(ii) if no sum has been so fixed for that day, the last day before that day for
which a sum has been so fixed;
(b) a certificate given by or on behalf of the Minister responsible for finance stating
(i) that a particular sum in United States dollars has been so fixed for the day
on which the
determination was made; or
(ii) that no sum has been so fixed for that day and that a particular sum in
United States dollars has been so fixed for a day which is the last day for
which a sum has been so fixed before the day on which the determination
was made;
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shall be conclusive evidence of those matters for the purposes of this Chapter;
(c) a document purporting to be such a certificate shall, in any proceedings, be
received in evidence and, unless the contrary is proved, be deemed to be such a
certificate.
(5) No claim shall be admitted in proceedings under this section unless it is made
within such time as the court may direct or such further time as the court may allow.
(6) Where any sum has been paid in or towards satisfaction of any claim in respect of
the damage or cost to which the liability extends
(a) by the owner or the persons referred to in section 163 as "the insurer"; or
(b) by a person who has or is alleged to have incurred a liability, otherwise than
under section 151, for the damage or cost and who is entitled to limit his liability
in connection with the ship by virtue of section 181 or 182;
the person who paid the sum shall, to the extent of that sum, be in the same position with
respect to any distribution made in proceedings under this section as the person to whom it was
paid would have been.
(7) Where the person who incurred the liability has voluntarily made any reasonable
sacrifice or taken any other reasonable measures to prevent or reduce damage to which the
liability extends or might have extended he shall be in the same position with respect to any
distribution made in proceedings under this section as if he had a claim in respect of the liability
equal to the cost of the sacrifice or other measures.
(8) The court may, if it thinks fit, postpone the distribution of such part of the amount
to be distributed as it deems appropriate having regard to any claims that may later be
established before a court of any country outside Bermuda.
(9) No lien or other right in respect of any ship or other property shall affect the
proportions in which any amount is distributed in accordance with subsection (2)(b).
Restriction on enforcement after establishment of limitation fund
157. (1) Where the court has found that a person who has incurred a liability under section
151 is entitled to limit that liability to any amount and he has paid into court a sum not less than
that amount
(a) the court shall order the release of any ship or other property arrested in
connection with a claim in respect of that liability or any security given to prevent
or obtain release from such an arrest; and
(b) no judgment or decree for any such claim shall be enforced, except so far as it is
for costs;
if the sum paid into court, or such part thereof as corresponds to the claim, will be actually
available to the claimant or would have been available to him if the proper steps in the
proceedings under section 156 had been taken.
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Concurrent liabilities of owners and others
158. Where, as a result of any discharge or escape of oil from a ship or as a result of any
relevant threat of contamination, the owner of the ship incurs a liability under section 151 and
any other person incurs a liability, otherwise than under that section, for any such damage or
cost as is mentioned in subsection (1) or (2) of that section then, if
(a) the owner has been found, in proceedings under section 156 to be entitled to
limit his liability to any amount and has paid into court a sum not less than that
amount; and
(b) the other person is entitled to limit his liability in connection with the ship by
virtue of section 181 or 182;
no proceedings shall be taken against the other person in respect of his liability, and if any such
proceedings were commenced before the owner paid the sum into court, no further steps shall be
taken in the proceedings except in relation to costs.
Establishment of limitation fund outside Bermuda
159. Where the events resulting in the liability of any person under section 151 also resulted
in a corresponding liability under the law of another Liability Convention country sections 157
and 158 shall apply as if the references to sections 151 and 156 included references to the
corresponding provisions of that law and the references to sums paid into court included
references to any sums secured under those provisions in respect of the liability.
Extinguishment of claims
160. No action to enforce a claim in respect of a liability incurred under section 151 or 152
shall be entertained by any court in Bermuda unless the action is commenced not later than
three years after the claim arose nor later than six years after the occurrence or first of the
occurrences resulting in the discharge or escape, or (as the case may be) in the relevant threat of
contamination, by reason of which the liability was incurred.
Compulsory insurance
Compulsory insurance against liability for pollution
161. (1) Subject to the provisions of this Chapter relating to Government ships, subsection (2)
shall apply to any ship carrying in bulk a cargo of more than 2,000 tons of oil of a description
specified in regulations made by the Minister.
(2) The ship shall not enter or leave a port in Bermuda or arrive at or leave a terminal in
the territorial sea of Bermuda nor, if the ship is a Bermuda ship, a port in any other country or a
terminal in the territorial sea of any other country, unless there is in force a certificate complying
with the provisions of subsection (3) and showing that there is in force in respect of the ship a
contract of insurance or other security satisfying the requirements of Article VII of the Liability
Convention (cover for owner's liability).
(3) The certificate must be
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(a) if the ship is a Bermuda ship, a certificate issued by the Minister;
(b) if the ship is registered in a Liability Convention country other than Bermuda, a
certificate issued by or under the authority of the government of the other
Liability Convention country; and
(c) if the ship is registered in a country which is not a Liability Convention country,
a certificate issued by the Minister or by or under the authority of the
government of any Liability Convention country other than Bermuda.
(4) Any certificate required by this section to be in force in respect of a ship shall be
carried in the ship and shall, on demand, be produced by the master to any officer of customs or
of the Minister and, if the ship is a Bermuda ship, to any proper officer.
(5) If a ship enters or leaves, or attempts to enter or leave, a port or arrives at or leaves,
or attempts to arrive at or leave, a terminal in contravention of subsection (2), the master or
owner shall be liable
(a) on summary conviction to a fine of $100,000; or
(b) on conviction on indictment to a fine of $200,000.
(6) If a ship fails to carry, or the master of a ship fails to produce, a certificate as
required by subsection (4), the master shall be guilty of an offence and shall be liable on
summary conviction to a fine of $5000.
(7) If a ship attempts to leave a port in Bermuda in contravention of this section the
ship may be detained.
Issue of certificate by Minister
162. (1) Subject to subsection (2) if the Minister is satisfied, on the application for such a
certificate as is mentioned in section 161 in respect of a Bermuda ship or a ship registered in any
country which is not a Liability Convention country, that there will be in force in respect of the
ship, throughout the period for which the certificate is to be issued, a contract of insurance or
other security satisfying the requirements of Article VII of the Liability Convention, the Minister
shall issue such a certificate to the owner.
(2) If the Minister is of opinion that there is a doubt whether the person providing the
insurance or other security will be able to meet his obligations thereunder, or whether the
insurance or other security will cover the owner's liability under section 151 in all circumstances,
he may refuse the certificate.
(3) The Minister may make regulations providing for the cancellation and delivery up of
a certificate under this section in such circumstances as may be prescribed by the regulations.
(4) If a person required by regulations under subsection (3) to deliver up a certificate
fails to do so he shall be guilty of an offence and shall be liable on summary conviction to a fine of
$5000.
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(5) The Minister shall send a copy of any certificate issued by him under this section in
respect of a Bermuda ship to the Registrar, and the Registrar shall make the copy available for
public inspection.
Rights of third parties against insurers
163. (1) Where it is alleged that the owner of a ship has incurred a liability under section 151
as a result of any discharge or escape of oil occurring, or as a result of any relevant threat of
contamination arising, while there was in force a contract of insurance or other security to which
such a certificate as is mentioned in section 161 related, proceedings to enforce a claim in respect
of the liability may be brought against the person who provided the insurance or other security
(in the following provisions of this section referred to as "the insurer").
(2) In any proceedings brought against the insurer by virtue of this section it shall be a
defence (in addition to any defence affecting the owner's liability) to prove that the discharge or
escape, or (as the case may be) the threat of contamination, was due to the willful misconduct of
the owner himself.
(3) The insurer may limit his liability in respect of claims made against him by virtue of
this section in like manner and to the same extent as the owner may limit his liability but the
insurer may do so whether or not the discharge or escape, or (as the case may be) the threat of
contamination, resulted from anything done or omitted to be done by the owner as mentioned in
section 155(3).
(4) Where the owner and the insurer each apply to the court for the limitation of his
liability any sum paid into court in pursuance of either application shall be treated as paid also
in pursuance of the other.
(5) The Third Parties (Rights against Insurers) Act 1963 shall not apply in relation to
any contract of insurance to which such a certificate as is mentioned in section 161 relates.
Supplementary
Jurisdiction of Bermuda courts and registration of foreign judgments
164. (1) Paragraph l(l)(d) of Schedule 1 to the Administration of Justice Act 1956 (Admiralty
jurisdiction in claims for damage done by ships) as applied in Bermuda by the Admiralty
Jurisdiction (Bermuda) Order 1974 shall be construed as extending to any claim in respect of a
liability incurred under this Chapter.
(2) Where
(a) any oil is discharged or escapes from a ship but does not result in any damage
caused by contamination in the territory of Bermuda and no measures are
reasonably taken to prevent or minimise such damage in that territory; or
(b) any relevant threat of contamination arises but no measures are reasonably
taken to prevent or minimise such damage in Bermuda;
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no court in Bermuda shall entertain any action (whether in rem or in personam) to enforce a
claim arising from any relevant damage or cost
(i) against the owner of the ship; or
(ii) against any person to whom section 154(l)(ii) applies, unless any such
damage or cost resulted from anything done or omitted to be done as
mentioned in that provision.
(3) In subsection (2), "relevant damage or cost" means
(a) in relation to any such discharge or escape as is mentioned in paragraph (a) of
that subsection, any damage caused in the territory of another Liability
Convention country by contamination resulting from the discharge or escape, or
any cost incurred in taking measures to prevent or minimise such damage in the
territory of another Liability Convention country;
(b) in relation to any such threat of contamination as is mentioned in paragraph (b)
of that subsection, any cost incurred in taking measures to prevent or minimise
such damage in the territory of another Liability Convention country; or
(c) any damage caused by any measures taken as mentioned in paragraph (a) or (b);
and section 154(2)(e) shall have effect for the purposes of subsection (2)(ii) above as if it referred
to any person taking any such measures as are mentioned in paragraph (a) or (b).
(4) The Judgments (Reciprocal Enforcement) Act 1958 shall apply, whether or not it
would so apply apart from this section, to any judgment given by a court in a Liability Convention
country to enforce a claim in respect of a liability incurred under any provision corresponding to
section 151; and in its application to such a judgment that Act shall have effect with the omission
of sections 4(2) and (3) of that Act.
Government ships
165. (1) Nothing in the preceding provisions of this Chapter applies in relation to any
warship or any ship for the time being used by the government of any State for other than
commercial purposes.
(2) In relation to a ship owned by a State and for the time being used for commercial
purposes it shall be a sufficient compliance with section 161(2) if there is in force a certificate
issued by the government of that State and showing that the ship is owned by that State and that
any liability for pollution damage as defined in Article I of the Liability Convention will be met up
to the limit prescribed by Article V of the Convention.
(3) Every Liability Convention State shall, for the purposes of any proceedings brought
in a court in Bermuda to enforce a claim in respect of a liability incurred under section 151, be
deemed to have submitted to the jurisdiction of that court, and accordingly rules of court may
provide for the manner in which such proceedings are to be commenced and carried on; but
nothing in this subsection shall authorise the issue of execution against the property of any
State.
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Limitation of liability under section 152
166. For the purposes of section 181 any liability incurred under section 152 shall be deemed
to be a liability to damages in respect of such damage to property as is mentioned in paragraph l
(a) of Article 2 of the Convention in Part I of Schedule 6.
Saving for recourse actions
167. Nothing in this Chapter shall prejudice any claim, or the enforcement of any claim, a
person incurring any liability under this Chapter may have against another person in respect of
that liability.
Interpretation
168.(1) In this Chapter
"the court" means the Supreme Court;
"damage" includes loss;
"oil" means persistent hydrocarbon mineral oil;
“owner" means the person or persons registered as the owner of the ship or, in the
absence of registration, the person or persons owning the ship, except that, in relation
to a ship owned by a State which is operated by a person registered as the ship's
operator, it means the person registered as its operator;
"relevant threat of contamination" shall be construed in accordance with section 151(2)
or 152(2); and
"ship" (subject to section 152(5)) means any sea-going vessel or seaborne craft of any type
whatsoever.
(2) In relation to any damage or cost resulting in the discharge or escape of any oil from
a ship, or from a relevant threat of contamination, references in this Chapter to the owner of the
ship are references to the owner at the time of the occurrence or first of the occurrences resulting
in the discharge or escape or (as the case may be) in the threat of contamination.
(3) References in this Chapter to the territory of any country include the territorial sea
of that country and
(a) in the case of Bermuda, any area within the fishery limits set by or under the
Proclamation Extending the Limits of the Fishery Zone of Bermuda 1977; and
(b) in the case of any other Liability Convention country, the exclusive economic
zone of that country established in accordance with international law, or, if such
a zone has not been established, such area adjacent to the territorial sea of that
country and extending not more that 200 nautical miles from the baselines from
which the breadth of that sea is measured as may have been determined by that
State in question in accordance with international law.
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CHAPTER V
INTERNATIONAL OIL POLLUTION
COMPENSATION FUND
Preliminary
Meaning of the "Liability Convention", "the Fund Convention" and related expressions
169. (1) In this Chapter
(a) "the Liability Convention" has the same meaning as in Chapter IV of this Part;
and
(b) "the Fund Convention" means the International Convention on the Establishment
of an International Fund for Compensation for Oil Pollution Damage 1992;
(c) "the Fund" means the International Fund established by the Fund Convention;
and
(d) "Fund Convention country" means a country in respect of which the Fund
Convention is in force.
(2) If the Minister by order declares that any State specified in the order is a party to
the Fund Convention in respect of any country so specified, the order shall, while in force, be
conclusive evidence that that State is a party to that Convention in respect of that country.
Contributions to Fund
Contributions by importers of oil and others
170. (1) Contributions shall be payable to the Fund in respect of oil carried by sea to ports or
terminal installations in Bermuda otherwise than on a voyage only within its national waters.
(2) Subsection (1) applies whether or not the oil is being imported, and applies even if
contributions are payable in respect of carriage of the same oil on a previous voyage.
(3) Contributions shall also be payable to the Fund in respect of oil when first received
in any installation in Bermuda after having been carried by sea and discharged in a port or
terminal installation in a country which is not a Fund Convention country.
(4) The person liable to pay contributions is
(a) in the case of oil which is being imported into Bermuda, the importer; and
(b) otherwise, the person by whom the oil is received.
(5) A person shall not be liable to make contributions in respect of the oil imported or
received by him in any year if the oil so imported or received in the year does not exceed 150,000
tonnes.
(6) For the purpose of subsection (5)
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(a) all the members of a group of companies shall be treated as a single person; and
(b) any two or more companies which have been amalgamated into a single company
shall be treated as the same person as that single company.
(7) The contributions payable by a person for any year shall
(a) be of such amount as may be determined by the Director of the Fund under
Article 12 of the Fund Convention and notified to that person by the Fund;
(b) be payable in such instalments, becoming due at such times, as may be so
notified to him;
and if any amount due from him remains unpaid after the date on which it became due, it shall
from then on bear interest, at a rate determined from time to time by the Assembly of the Fund,
until it is paid.
(8) The Minister may by regulations impose on persons who are or may be liable to pay
contributions under this section obligations to give security for payment to the Minister, or the
Fund.
(9) Regulations under subsection (8)
(a) may contain such supplemental or incidental provisions as appear to the
Minister expedient; and
(b) may impose penalties for contravention of the regulations punishable on
summary conviction by a fine not exceeding $10,000, or such lower limit as may
be specified in the regulations.
(10) In this section and in section 171, unless the context otherwise requires
“company" means a body incorporated in Bermuda or in any other country;
“group" in relation to companies, means a holding company and its subsidiaries as
defined by section 2 of the Companies Act 1981, subject, in the case of a company
incorporated outside Bermuda, to any necessary modifications of those definitions;
"importer" means the person by whom or on whose behalf the oil in question is entered
for customs or excise purposes on importation, and "import" shall be construed
accordingly;
“oil" means crude oil and fuel oil; and
(a) "crude oil" means any liquid hydrocarbon mixture occurring naturally in the
earth whether or not treated to render it suitable for transportation, and includes
(i) crude oils from which distillate fractions have been removed; and
(ii) crude oils to which distillate fractions have been added;
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(b) "fuel oil" means heavy distillates or residues from crude oil or blends of such
materials intended for use as a fuel for the production of heat or power of a
quality equivalent to the "American Society for Testing and Materials'
Specification for Number Four Fuel Oil (Designation D39669)", or heavier;
"terminal installation" means any site for the storage of oil in bulk which is capable of
receiving oil from waterborne transportation, including any facility situated offshore
and linked to any such site.
Power to obtain information
171. (1) For the purpose of transmitting to the Fund the names and addresses of the persons
who under section 170 are liable to make contributions to the Fund for any year, and the
quantity of oil in respect of which they are so liable, the Minister may by notice require any
person engaged in producing, treating, distributing or transporting oil to furnish such
information as may be specified in the notice.
(2) A notice under this section may require a company to give such information as may
be required to ascertain whether its liability is affected by section 170(6).
(3) A notice under this section may specify the way in which, and the time within
which, it is to be complied with.
(4) In proceedings by the Fund against any person to recover any amount due under
section 170, particulars contained in any list transmitted by the Minister to the Fund shall, so far
as those particulars are based on information obtained under this section, be admissible as
evidence of the facts stated in the list; and so far as particulars which are so admissible are based
on information given by the person against whom the proceedings are brought, those particulars
shall be presumed to be accurate until the contrary is proved.
(5) If a person discloses any information which has been furnished to or obtained by
him under this section, or in connection with the execution of this section, then, unless the
disclosure is made
(a) with the consent of the person from whom the information was obtained;
(b) in connection with the execution of this section; or
(c) for the purposes of any legal proceedings arising out of this section or of any
report of such proceedings;
he shall be guilty of an offence and liable on summary conviction to a fine of $10,000.
(6) A person who
(a) refuses or wilfully neglects to comply with a notice under this section; or
(b) in furnishing any information in compliance with a notice under this section
makes any statement which he knows to be false in a material particular, or
recklessly makes any statement which is false in a material particular;
shall be guilty of an offence and liable
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(i) on summary conviction, to a fine of $5,000 in the case of an offence under
paragraph (a) and of $10,000 in the case of an offence under paragraph (b);
and
(ii) on conviction on indictment, to a fine of $50,000, or to imprisonment for a
term of twelve months, or both.
Liability of the Fund
172. (1) The Fund shall be liable for pollution damage in the territory of Bermuda if the person
suffering the damage has been unable to obtain full compensation under section 151
(a) because the discharge or escape, or the relevant threat of contamination, by
reason of which the damage was caused
(i) resulted from an exceptional, inevitable and irresistible phenomenon;
(ii) was due wholly to anything done or omitted to be done by another person
(not being a servant or agent of the owner) with intent to do damage; or
(iii) was due wholly to the negligence or wrongful act of a government or other
authority in exercising its function of maintaining lights or other navigational
aids for the maintenance of which it was responsible;
and because liability is accordingly wholly displaced by section 153; or
(b) because the owner or guarantor liable for the damage cannot meet his
obligations in full; or
(c) because the damage exceeds the liability under section 151 as limited by section
155.
(2) Subsection (1) shall apply with the substitution for the words "Bermuda" of the
words "a Fund Convention country" where
(a) the headquarters of the Fund is for the time being in Bermuda, and proceedings
under the Liability Convention for compensation for the pollution damage have
been brought in a country which is not a Fund Convention country; or
(b) the incident has caused pollution damage in the territory of Bermuda and of
another Fund Convention country, and proceedings under the Liability
Convention for compensation for the pollution damage have been brought in a
country which is not a Fund Convention country or in Bermuda.
(3) Where the incident has caused pollution damage in the territory of Bermuda and of
another country in respect of which the Liability Convention is in force, references in this section
to the provisions of Chapter IV of this Part shall include references to the corresponding
provisions of the law of any country giving effect to the Liability Convention.
(4) Where proceedings under the Liability Convention for compensation for pollution
damage have been brought in a country which is not a Fund Convention country and the Fund is
liable for that pollution damage by virtue of subsection (2)(a), references in this section to the
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provisions of Chapter IV of this Part shall be treated as references to the corresponding provisions
of the law of the country in which those proceedings were brought.
(5) For the purposes of this section an owner or guarantor is to be treated as incapable
of meeting his obligations if the obligations have not been met after all reasonable steps to pursue
the legal remedies available have been taken.
(6) Expenses reasonably incurred, and sacrifices reasonably made, by the owner
voluntarily to prevent or minimise pollution damage shall be treated as pollution damage for the
purposes of this section, and accordingly he shall be in the same position with respect to claims
against the Fund under this section as if he had a claim in respect of liability under section 151.
(7) The Fund shall incur no obligation under this section if—
(a) it proves that the pollution damage
(i) resulted from an act of war, hostilities, civil war or insurrection; or
(ii) was caused by oil which has escaped or been discharged from a warship or
other ship owned or operated by a State and used, at the time of the
occurrence, only on government non-commercial service; or
(b) the claimant cannot prove that the damage resulted from an occurrence involving
a ship identified by him, or involving two or more ships one of which is identified
by him.
(8) If the Fund proves that the pollution damage resulted wholly or partly
(a) from anything done or omitted to be done with intent to cause damage by the
person who suffered the damage; or
(b) from the negligence of that person;
the Fund may (subject to subsection (10)) be exonerated wholly or partly from its obligations to
pay compensation to that person.
(9) Where the liability under section 151 in respect of the pollution damage is limited to
any extent by subsection (8) of that section, the Fund shall (subject to subsection (10)) be
exonerated to the same extent.
(10) Subsections (8) and (9) shall not apply where the pollution damage consists of the
costs of preventive measures or any damage caused by such measures.
Limitation of Fund's liability under section 172
173. (1) The Fund's liability under section 172 shall be subject to the limits imposed by
paragraphs 4 and 5 of Article 4 of the Fund Convention (which impose an overall limit on the
liabilities of the Fund and the text of which is set out in Schedule 4), and in those provisions
references to the Liability Convention are references to the Liability Convention within the
meaning of this Chapter.
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(2) A certificate given by the Director of the Fund stating that subparagraph (c) of
paragraph 4 of Article 4 of the Fund Convention is applicable to any claim under section 172
shall be conclusive evidence for the purposes of this Chapter that it is so applicable.
(3) For the purpose of giving effect to paragraphs 4 and 5 of Article 4 of the Fund
Convention a court giving judgment against the Fund in proceedings under section 172 shall
notify the Fund, and
(a) no steps shall be taken to enforce the judgment unless and until the court gives
leave to enforce it;
(b) that leave shall not be given unless and until the Fund notifies the court either
that the amount of the claim is not to be reduced under those paragraphs, or
that it is to be reduced to a specified amount; and
(c) in the latter case the judgment shall be enforceable only for the reduced amount.
(4) Any steps taken to obtain payment of an amount or a reduced amount in pursuance
of such a judgment as is mentioned in subsection (3) shall be steps to obtain payment in United
States dollars; and
(a) for the purpose of converting such an amount from special drawing rights into
United States dollars one special drawing right shall be treated as equal to such
a sum in United States dollars as the International Monetary Fund have fixed as
being the equivalent of one special drawing right for
(i) the relevant day, namely the day on which the Assembly of the Fund decide
the date for the first payment of compensation in respect of the incident; or
(ii) if no sum has been so fixed for the relevant day, the last day before that day
for which a sum has been so fixed; and
(b) a certificate given by or on behalf of the Minister stating
(i) that a particular sum in United States dollars has been so fixed for the
relevant day; or
(ii) that no sum has been so fixed for the relevant day and that a particular sum
in United States dollars has been so fixed for a day which is the last day for
which a sum in United States dollars has been so fixed before the relevant
day;
shall be conclusive evidence of those matters for the purposes of this Chapter.
(5) The Minister may by order make such amendments of this section and Schedule 4
as appear to him to be appropriate for the purpose of giving effect to the entry into force of any
amendment of the provisions set out in that Schedule.
(6) Any document purporting to be such a certificate as mentioned in subsection (2) or
(4)(b) shall, in any legal proceedings, be received in evidence and, unless the contrary is proved,
be deemed to be such a certificate.
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Supplemental
Jurisdiction and effect of judgments
174. (1) Paragraph l(l)(d) of Schedule I to the Administration of Justice Act 1956 (Admiralty
jurisdiction in claims for damage done by ships) as applied in Bermuda by the Admiralty
Jurisdiction (Bermuda) Order 1974 shall be construed as extending to any claim in respect of a
liability falling on the Fund under this Chapter.
(2) Where in accordance with rules of court made for the purposes of this subsection
the Fund has been given notice of proceedings brought against an owner or guarantor in respect
of liability under section 151, any judgment given in the proceedings shall, after it has become
final and enforceable, become binding upon the Fund in the sense that the facts and evidence in
the judgment may not be disputed by the Fund even if the Fund has not intervened in the
proceedings.
(3) Where a person incurs a liability under the law of a Fund Convention country
corresponding to Chapter IV of this Part for damage which is partly in the territory of Bermuda,
subsection (2) shall, for the purpose of proceedings under this Chapter, apply with any necessary
modifications to a judgment in proceedings under that law of the said country.
(4) Subject to subsection (5) the Judgments (Reciprocal Enforcement) Act 1958 shall
apply, whether or not it would so apply apart from this subsection, to any judgment given by a
court in a Fund Convention country to enforce a claim in respect of liability incurred under any
provision corresponding to section 172; and in its application to such a judgment the said Act
shall have effect with the omission of sections 4(2) and (3) of that Act.
(5) No steps shall be taken to enforce such a judgment unless and until the court in
which it is registered under the Act of 1958 gives leave to enforce it; and
(a) that leave shall not be given unless and until the Fund notifies the court either
that the amount of the claim is not to be reduced under paragraph 4 of Article 4
of the Fund Convention (as set out in Schedule 4 to this Act) or that it is to be
reduced to a specified amount; and
(b) in the latter case, the judgment shall be enforceable only for the reduced
amount.
Extinguishment of claims
175. (1) No action to enforce a claim against the Fund under this Chapter shall be entertained
by a court in Bermuda unless
(a) the action is commenced; or
(b) a third party notice of an action to enforce a claim against the owner or his
guarantor in respect of the same damage is given to the Fund;
not later than three years after the claim against the Fund arose.
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(2) No action to enforce a claim against the Fund under this Chapter shall be
entertained by a court in Bermuda unless the action is commenced not later than six years after
the occurrence, or first of the occurrences, resulting in the discharge or escape, or (as the case
may be) in the relevant threat of contamination, by reason of which the claim against the Fund
arose.
(3) In subsection (1) "third party notice" means a notice of the kind described in
sections 174(2) and (3).
Subrogation
176. (1) In respect of any sum paid by the Fund as compensation for pollution damage the
Fund shall acquire by subrogation any rights in respect of the damage which the recipient has (or
but for the payment would have) against any other person.
(2) In respect of any sum paid by a public authority in Bermuda as compensation for
pollution damage, that authority shall acquire by subrogation any rights which the recipient has
against the Fund under this Chapter.
Supplementary provisions as to proceedings involving the Fund
177. (1) Any proceedings by or against the Fund may either be instituted by or against the
Fund in its own name or be instituted by or against the Director of the Fund as the Fund's
representative.
(2) Evidence of any instrument issued by any organ of the Fund or of any document in
the custody of the Fund, or any entry in or extract from such a document, may be given in any
legal proceedings by production of a copy certified as a true copy by an official of the Fund; and
any document purporting to be such a copy shall, in any such proceedings, be received in
evidence without proof of the official position or handwriting of the person signing the certificate.
Interpretation
178. (1) In this Chapter, unless the context otherwise requires
“damage" includes loss;
"discharge or escape", in relation to pollution damage, means the discharge or escape of
oil from the ship;
“guarantor" means any person providing insurance or other financial security to cover
the owner's liability of the kind described in section 161;
"incident" means any occurrence, or series of occurrences having the same origin,
resulting in a discharge or escape of oil from a ship or in a relevant threat of
contamination;
“oil", except in sections 170 and 171, means persistent hydrocarbon mineral oil;
“owner" means the person or persons registered as the owner of the ship or, in the
absence of registration, the person or persons owning the ship, except that, in relation
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to a ship owned by a State which is operated by a person registered as the ship's
operator, it means the person registered as its operator;
"pollution damage" means
(a) damage caused outside a ship by contamination resulting from a discharge or
escape of oil from the ship;
(b) the cost of preventive measures; and
(c) further damage caused by preventive measures;
but does not include any damage attributable to any impairment of the environment except to the
extent that any such damage consists of
(i) any loss of profits; or
(ii) the cost of any reasonable measures of reinstatement actually taken or to be
taken;
"preventive measures" means any reasonable measures taken by any person to prevent
or minimise pollution damage, being measures taken
(a) after an incident has occurred; or
(b) in the case of an incident consisting of a series of occurrences, after the first of
those occurrences;
"relevant threat of contamination" means a grave and imminent threat of damage being
caused outside a ship by contamination resulting from a discharge or escape of oil
from the ship; and
“ship" means any ship (within the meaning of Chapter IV of this Part) to which section
151 applies.
(2) For the purposes of this Chapter
(a) references to a discharge or escape of oil from a ship are references to such a
discharge or escape wherever it may occur, and whether it is of oil carried in a
cargo tank or of oil carried in a bunker fuel tank; and
(b) where more than one discharge or escape results from the same occurrence or
from a series of occurrences having the same origin, they shall be treated as one.
(3) References in this Chapter to the territory of any country shall be construed in
accordance with section 168(3) reading the reference to a Liability Convention country as a
reference to a Fund Convention country.
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PART VIII
LIABILITY OF SHIPOWNERS AND OTHERS
Carriage of passengers and luggage by sea
Scheduled convention to have force of law
179. (1) The provisions of the Convention relating to the Carriage of Passengers and their
Luggage by Sea as set out in Part I of Schedule 5 (hereafter in this section and in Part II of that
Schedule referred to as "the Convention") shall have the force of law in Bermuda.
(2) The provisions of Part II of that Schedule shall have effect in connection with the
Convention and subsection (1) shall have effect subject to the provisions of that Part.
(3) If it appears to the Minister that there is a conflict between the provisions of this
section or of Part I or II of Schedule 5 and any provisions relating to the carriage of passengers or
luggage for reward by land, sea or air in—
(a) any convention which has been signed or ratified by the United Kingdom on
behalf of Bermuda before 4th April 1979 (excluding the Convention); or
(b) any enactment of the Legislature of Bermuda giving effect to such a convention;
he may by order make such modifications of this section or that Schedule or any such enactment
as he considers appropriate for resolving the conflict.
(4) If it appears to the Minister that the Government of the United Kingdom has agreed
in respect of Bermuda to any revision of the Convention the Minister may by order make such
modification of Parts I and II of Schedule 5 as he considers appropriate in consequence of the
revision.
(5) Nothing in subsection (1) or (2) or in any modification made by virtue of subsection
(3) or (4) shall affect any rights or liabilities arising out of an occurrence which took place before
the day on which the said subsection (1) or (2), or as the case may be, the modification, comes
into force.
(6) This section shall bind the Crown, and any order made by virtue of this section may
provide that the order or specified provisions of it shall bind the Crown.
(7) An order made under this section shall be subject to affirmative resolution
procedure.
Application of Schedule 5 to carriage within Bermuda
180. (1) The Minister may by order provide that Part I of Schedule 5
(a) shall have the force of law in Bermuda, with such modifications as are specified
in the order, in relation to, and to matters connected with, a contract of carriage
where the places of departure and destination under the contract are within
Bermuda and under the contract there is no intermediate port of call outside
Bermuda; and
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(b) shall, as modified in pursuance of paragraph (a), have effect in relation to, and to
matters connected with, any such contract subject to the provisions of Part II of
that Schedule or to those provisions with such modifications as are specified in
the order.
(2) An order made by virtue of subsection (1) may provide that the order or specified
provisions of it shall bind the Crown.
(3) An order made under this section shall be subject to affirmative resolution
procedure.
(4) In subsection (1) expressions to which meanings are assigned by article I of the
Convention set out in Part I of Schedule 5 have those meanings but any reference to a contract of
carriage excludes such a contract which is not for reward.
Limitation of liability of shipowners, etc. and salvors for maritime claims
Limitation of liability for maritime claims
181. (1) The provisions of the Convention on Limitation of Liability for Maritime Claims 1976
as set out in Part I of Schedule 6 (in this section and Part II of that Schedule referred to as "the
Convention") shall have the force of law in Bermuda.
(2) The provisions of Part II of that Schedule shall have effect in connection with the
Convention, and subsection (1) shall have effect subject to the provisions of that Part.
(3) The provisions having the force of law under this section shall apply in relation to
Government ships as they apply in relation to other ships.
(4) The provisions having the force of law under this section shall not apply to any
liability in respect of loss of life or personal injury caused to, or loss of or damage to any property
of, a person who is on board the ship in question or employed in connection with that ship or
with the salvage operations in question if
(a) he is so on board or employed under a contract of service governed by the law of
Bermuda; and
(b) the liability arises from an occurrence which took place after the commencement
of this Act.
(5) In subsection (4), "ship" and "salvage operations" have the same meaning as in the
Convention.
Exclusion of liability
182. (1) Subject to subsection (3), the owner of a Bermuda ship shall not be liable for any
loss or damage in the following cases, namely
(a) where any property on board the ship is lost or damaged by reason of fire on
board the ship; or
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(b) where any gold, silver, watches, jewels or precious stones on board the ship are
lost or damaged by reason of theft, robbery or other dishonest conduct and their
nature and value were not at the time of shipment declared by their owner or
shipper to the owner or master of the ship in the bill of lading or otherwise in
writing.
(2) Subject to subsection (3), where the loss or damage arises from anything done or
omitted by any person in his capacity of master or member of the crew or (otherwise than in that
capacity) in the course of his employment as a servant of the owner of the ship, subsection (1)
shall also exclude the liability of
(a) the master, member of the crew or servant; and
(b) in a case where the master or member of the crew is the servant of a person
whose liability would not be excluded by that subsection apart from this
paragraph, the person whose servant he is.
(3) This section does not exclude the liability of any person for any loss or damage
resulting from any such personal act or omission of his as is mentioned in Article 4 of the
Convention set out in Part I of Schedule 6.
(4) This section shall apply in relation to Government ships as it applies in relation to
other ships.
(5) In this section "owner", in relation to a ship, includes any part owner and any
charterer, manager or operator of the ship.
Multiplefault; apportionment, liability and contribution
Damage or loss: apportionment of liability
183. (1) Where, by the fault of two or more ships, damage or loss is caused to one or more of
those ships, to their cargoes or freight, or to any property on board, the liability to make good the
damage or loss shall be in proportion to the degree in which each ship was in fault.
(2) If, in any such case, having regard to all the circumstances, it is not possible to
establish different degrees of fault, the liability shall be apportioned equally.
(3) This section applies to persons other than the owners of a ship who are responsible
for the fault of the ships, as well as to the owners of a ship and where, by virtue of any charter or
demise, or for any other reason, the owners are not responsible for the navigation and
management of the ship, this section applies to the charterers or other persons for the time being
so responsible instead of the owners.
(4) Nothing in this section shall operate so as to render any ship liable for any loss or
damage to which the fault of the ship has not contributed.
(5) Nothing in this section shall affect the liability of any person under a contract of
carriage or any contract, or shall be construed as imposing any liability upon any person from
which he is exempted by any contract or by any provision of law, or as affecting the right of any
person to limit his liability in the manner provided by law.
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(6) In this section "freight" includes passage money and hire.
(7) In this section references to damage or loss caused by the fault of a ship include
references to any salvage or other expenses, consequent upon that fault, recoverable at law by
way of damages.
Loss of life or personal injuries: joint and several liability
184. (1) Where loss of life or personal injuries are suffered by any person on board a ship
owing to the fault of that ship and of any other ship or ships, the liability of the owners of the
ships shall be joint and several.
(2) Section 183(3) applies also to this section.
(3) Nothing in this section shall be construed as depriving any person of any right of
defence on which, apart from this section, he might have relied in an action brought against him
by the person injured, or any person or persons entitled to sue in respect of such loss of life, or
shall affect the right of any person to limit his liability in the manner provided by law.
(4) Section 183(7) applies also for the interpretation of this section.
Loss of life or personal injuries: right of contribution
185. (1) Where loss of life or personal injuries are suffered by any person on board a ship
owing to the fault of that ship and any other ship or ships, and a proportion of the damages is
recovered against the owners of one of the ships which exceeds the proportion in which the ship
was in fault, they may recover by way of contribution the amount of the excess from the owners
of the other ship or ships to the extent to which those ships were respectively in fault.
(2) Section 183(3) applies also to this section.
(3) Nothing in this section authorises the recovery of any amount which could not, by
reason of any statutory or contractual limitation of, or exemption from, liability, or which could
not for any other reason, have been recovered in the first instance as damages by the persons
entitled to sue therefor.
(4) In addition to any other remedy provided by law, the persons entitled to any
contribution recoverable under this section shall, for the purposes of recovering it, have the same
rights and powers as the persons entitled to sue for damages in the first instance.
Time limit for proceedings against owners or ship
Time limit for proceedings against owners or ship
186. (1) This section applies to any proceedings to enforce any claim or lien against a ship or
her owners
(a) in respect of damage or loss caused by the fault of that ship to another ship, its
cargo or freight or any property on board it; or
(b) for damages for loss of life or personal injury caused by the fault of that ship to
any person on board another ship.
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(2) The extent of the fault is immaterial for the purposes of this section.
(3) Subject to subsections (5) and (6), no proceedings to which this section applies shall
be brought after the period of two years from the date when
(a) the damage or loss was caused; or
(b) the loss of life or injury was suffered.
(4) Subject to subsections (5) and (6), no proceedings under any of sections 183 to 185
to enforce any contribution in respect of any overpaid proportion of any damages for loss of life or
personal injury shall be brought after the period of one year from the date of payment.
(5) Any court having jurisdiction in such proceedings may, in accordance with rules of
court, extend the period allowed for bringing proceedings to such extent and on such conditions
as it thinks fit.
(6) Any such court, if satisfied that there has not been during any period allowed for
bringing proceedings any reasonable opportunity of arresting the defendant ship within
(a) the jurisdiction of the court; or
(b) the territorial sea of the country to which the plaintiff's ship belongs or in which
the plaintiff resides or has his principal place of business;
shall extend the period allowed for bringing proceedings to an extent sufficient to give a
reasonable opportunity of so arresting the ship.
Limitation of liability of harbour and dock authorities
Limitation of liability
187. (1) This section applies in relation to the following authorities and persons, that is to
say, a harbour authority and the owners of any dock.
(2) The liability of any authority or person to which this section applies for any loss or
damage caused to any ship, or to any goods, merchandise or other things whatsoever on board
any ship shall be limited in accordance with subsection (5) by reference to the tonnage of the
largest Bermuda ship which, at the time of the loss or damage is, or within the preceding five
years has been, within the area over which the authority or person discharges any functions.
(3) The limitation of liability under this section relates to the whole of any losses and
damages which may arise on any one distinct occasion, although such losses and damages may
be sustained by more than one person, and shall apply whether the liability arises at common
law or under any general or local or private Act, and notwithstanding anything contained in such
an Act.
(4) This section does not exclude the liability of an authority or person to which it
applies for any loss or damage resulting from any such personal act or omission of the authority
or person as is mentioned in Article 4 of the Convention set out in Part I of Schedule 6.
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(5) The limit of liability shall be ascertained by applying to the ship by reference to
which the liability is to be determined the method of calculation specified in paragraph I (b) of
Article 6 of the Convention set out in Part I of Schedule 6 read with paragraphs 5(l) and (2) of Part
II of that Schedule.
(6) Articles 11 and 12 of that Convention and paragraphs 8 and 9 of Part II of that
Schedule shall apply for the purposes of this section.
(7) For the purposes of subsection (2) a ship shall not be treated as having been within
the area over which a harbour authority discharges any functions by reason only that it has
been built or fitted out within the area, or that it has taken shelter within or passed through the
area on a voyage between two places both situated outside that area, or that it has loaded or
unloaded mails or passengers within the area.
(8) Nothing in this section imposes any liability for any loss or damage where no liability
exists apart from this section.
(9) In this section
"dock" includes wet docks and basins, tidal docks and basins, locks, cuts, entrances, dry
docks, graving docks, gridirons, slips, quays, wharves, piers, stages, landing places
and jetties; and
“owners of any dock or canal" includes any authority or person having the control and
management of any dock or canal, as the case may be.
Application to Crown and its ships
Application to Crown and its ships
188. (1) Sections 181, 182, 183, 184, 185 and 186 (except subsection (6)) apply in the case
of Her Majesty's ships as they apply in relation to other ships and section 187 applies to the
Crown in its capacity as an authority or person specified in subsection (1) of that section.
(2) In this section "Her Majesty's ships" means
(a) ships of which the beneficial interest is vested in Her Majesty;
(b) ships which are registered as Government ships;
(c) ships which are for the time being demised or sub-demised to or in the exclusive
possession of the Crown;
except that it does not include any ship in which Her Majesty is interested otherwise than in right
of Her Government in Bermuda unless that ship is for the time being demised or sub-demised to
Her Majesty in right of Her Government in Bermuda or in the exclusive possession of Her Majesty
in that right.
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PART IX
SALVAGE AND WRECK
CHAPTER I
SALVAGE
Salvage convention 1989 to have force of law
189. (1) The provisions of the International Convention on Salvage, 1989 as set out in Part I of
Schedule 7 (in this Chapter referred to as "the Salvage Convention") shall have the force of law in
Bermuda.
(2) The provisions of Part II of that Schedule shall have effect in connection with the
Salvage Convention, and subsection (1) shall have effect subject to the provisions of that Part.
(3) If it appears to the Minister that the Government of the United Kingdom has agreed
in respect of Bermuda to any revision of the Salvage Convention he may by order make such
modifications of Parts I and II of Schedule 7 as he considers appropriate in consequence of the
revision.
(4) Nothing in subsection (1) or (2) shall affect any rights or liabilities arising out of any
salvage operations started or other acts done before the date of commencement of this Part.
(5) Nothing in any modification made by virtue of subsection (3) shall affect any rights
or liabilities arising out of any salvage operations started or other acts done before the day on
which the modification comes into force.
(6) As respects any period before the entry into force of the Salvage Convention any
reference in the Salvage Convention to a State Party to the Convention shall be read as a
reference to Bermuda.
Valuation of property by Receiver
190. (1) Where any dispute as to salvage arises, the Receiver may, on the application of either
party, appoint a valuer to value the property.
(2) When the valuation has been made the Receiver shall give copies of it to both
parties.
(3) A copy of the valuation purporting to be signed by the valuer, and to be certified as a
true copy by the Receiver, shall be admissible as evidence in any subsequent proceedings.
(4) There shall be paid in respect of the valuation by the person applying for it such fee
as the Minister may direct.
Detention of property liable for salvage by Receiver
191. (1) Where salvage is due to any person under this Chapter, the Receiver shall
(a) if the salvage is due in respect of services rendered
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(i) in assisting a vessel; or
(ii) in saving life from a vessel; or
(iii) in saving the cargo and equipment of a vessel;
detain the vessel and cargo or equipment; and
(b) if the salvage is due in respect of the saving of any wreck, and the wreck is not
sold as unclaimed under this Chapter, detain the wreck.
(2) Subject to subsection (3), the Receiver shall detain the vessel and the cargo and
equipment, or the wreck, as the case may be, until payment is made for salvage, or process is
issued for the arrest or detention of the property by the court.
(3) The Receiver may release any property detained under subsection (2) if security is
given
(a) to his satisfaction; or
(b) where
(i) the claim for salvage exceeds $7,500; and
(ii) any question is raised as to the sufficiency of the security;
to the satisfaction of the court.
(4) Any security given for salvage under this section to an amount exceeding $7,500
may be enforced by the court in the same manner as if bail had been given in that court.
(5) In this section "the court" means the Supreme Court.
Sale of detained property by Receiver
192. (1) The Receiver may sell any detained property if the persons liable to pay the salvage in
respect of which the property is detained are aware of the detention, in the following cases.
(2) Those cases are
(a) where the amount is not disputed, and payment of the amount due is not made
within twenty days after the amount is due;
(b) where the amount is disputed, but no appeal lies from the first court to which
the dispute is referred, and payment is not made within twenty days after the
decision of the first court;
(c) where the amount is disputed and an appeal lies from the decision of the first
court to some other court, and within twenty days of the decision of the first
court neither payment of the sum due is made nor proceedings are commenced
for an appeal.
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(3) The proceeds of sale of detained property shall, after payment of the expenses of the
sale, be applied by the Receiver in payment of the expenses, fees and salvage and any excess
shall be paid to the owners of the property or any other persons entitled to it.
(4) In this section "detained property" means property detained by the Receiver under
section 191(2).
Apportionment of salvage under $7,500 by the Receiver
193. (1) Where
(a) the aggregate amount of salvage payable in respect of salvage services rendered
in Bermuda waters has been finally determined and does not exceed $7,500; but
(b) a dispute arises as to the apportionment of the amount among several claimants;
the person liable to pay the amount may apply to the Receiver for leave to pay it to him.
(2) The Receiver shall, if he thinks fit, receive the amount and, if he does, he shall give
the person paying it a certificate stating the amount paid and the services in respect of which it is
paid.
(3) A certificate under subsection (2) shall be a full discharge and indemnity to the
person by whom it was paid, and to his vessel, cargo, equipment and effects against the claims of
all persons in respect of the services mentioned in the certificate.
(4) The Receiver shall with all convenient speed distribute any amount received by him
under this section among the persons entitled to it, on such evidence, and in such shares and
proportions, as he thinks fit.
(5) Any decision by the Receiver under subsection (4) shall be made on the basis of the
criteria contained in Article 13 of the Salvage Convention.
(6) The Receiver may retain any money which appears to him to be payable to any
person who is absent.
(7) A distribution made by the Receiver under this section shall be final and conclusive
as against all persons claiming to be entitled to any part of the amount distributed.
Apportionment of salvage by the court
194. (1) Where
(a) the aggregate amount of salvage payable in respect of salvage services rendered
in Bermuda waters has been finally determined and exceeds $7,500; or
(b) the aggregate amount of salvage payable in respect of salvage services rendered
outside Bermuda (of whatever amount) has been finally determined; but
(c) in either case, any delay or dispute arises as to the apportionment of the
amount;
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the court may cause the amount of salvage to be apportioned among the persons entitled to it in
such manner as it thinks just.
(2) Any decision of the court under this section shall be made on the basis of the
criteria contained in Article 13 of the Salvage Convention.
(3) For the purpose of making that apportionment, the court may
(a) appoint any person to carry that apportionment into effect;
(b) compel any person in whose hands or under whose control the amount may be
to distribute it or to pay it into court to be dealt with as the court directs; and
(c) issue such process as it thinks fit.
(4) In this section "the court" means the Supreme Court.
Salvage claims against the Crown and Crown rights of salvage and regulation thereof
195. (1) Subject to section 20 of the Crown Proceedings Act 1966 (exclusion of proceedings in
rem against the Crown) (so far as consistent with the Salvage Convention) the law relating to civil
salvage, whether of life or property, except sections 190, 191 and 192, shall apply in relation to
salvage services in assisting any of Her Majesty's ships, or in saving life therefrom, or in saving
any cargo or equipment belonging to Her Majesty in right of Her Government in Bermuda, in the
same manner as if the ship, cargo or equipment belonged to a private person.
(2) Where salvage services are rendered by or on behalf of Her Majesty, whether in right
of Her Government in Bermuda or otherwise, Her Majesty shall be entitled to claim salvage in
respect of those services to the same extent as any other salvor, and shall have the same rights
and remedies in respect of those services as any other salvor.
(3) No claim for salvage services by the commander or crew, or part of the crew, of any
of Her Majesty's ships shall be finally adjudicated upon without the consent of the Minister to the
prosecution of the claim.
(4) Any document purporting to give the consent of the Minister for the purposes of
subsection (3) and to be signed by an officer of the Ministry shall be evidence of that consent.
(5) If a claim is prosecuted without the consent required by subsection (3) the claim
shall be dismissed with costs.
(6) "Her Majesty's ships" has the same meaning in this section as in section 188.
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CHAPTER II
WRECK
Vessels in distress
Application of, and discharge of function under sections 197, 198 and 199
196. (1) Sections 197, 198, and 199 apply in circumstances where a Bermuda or foreign
vessel is wrecked, stranded, or in distress at any place on or near the coast of Bermuda or any
tidal water within Bermuda waters.
(2) Where any function is conferred on the Receiver by any of those sections that
function may be discharged by any officer of customs.
(3) An officer discharging any such functions of the Receiver shall, with respect to any
goods or articles belonging to a vessel the delivery of which to the Receiver is required by any
provision of this Chapter, be treated as the agent of the Receiver.
(4) However, an officer discharging such functions shall not
(a) be entitled to any fees payable to the Receiver; or
(b) be deprived of any right to salvage to which he would otherwise be entitled.
(5) In any of those sections "shipwrecked persons", in relation to a vessel, means
persons belonging to the vessel.
Duty of Receiver where vessel in distress
197. (1) In circumstances in which this section applies by virtue of section 196 in relation to
any vessel the Receiver shall, on being informed of the circumstances, discharge the following
functions.
(2) Subject to subsection (3), the Receiver shall
(a) forthwith proceed to the place where the vessel is;
(b) take command of all persons present; and
(c) assign such duties and give such directions to each person as thinks fit for the
preservation of the vessel and of the lives of the shipwrecked persons.
(3) The Receiver shall not interfere between the master and crew of the vessel in
reference to the management of the vessel unless he is requested to do so by the master.
(4) Subject to subsection (3), if any person intentionally disobeys the direction of the
Receiver he shall be liable, on summary conviction, to a fine of $10,000.
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Powers of Receiver in case of vessel in distress
198. (1) In circumstances where this section applies by virtue of section 196 in relation to any
vessel the Receiver may, for the purpose of the preservation of shipwrecked persons or of the
vessel, cargo and equipment
(a) require such persons as he thinks necessary to assist him;
(b) require the master, or other person having the charge, of any vessel near at hand
to give such assistance with his men, or vessel, as may be in his power; and
(c) require the use of any vehicle that may be near at hand.
(2) If any person refuses, without reasonable excuse, to comply with any requirement
made under subsection (1) he shall be liable, on summary conviction, to a fine of $ 10,000.
Power to pass over adjoining land
199. (1) In circumstances where this section applies by virtue of section 196 in relation to any
vessel, all persons may, subject to subsections (3) and (4), for the purpose of
(a) rendering assistance to the vessel;
(b) saving the lives of shipwrecked persons; or
(c) saving the cargo or equipment of the vessel;
pass and repass over any adjoining land without being subject to interruption by the owner or
occupier and deposit on the land any cargo or other article recovered from the vessel.
(2) The right of passage conferred by subsection (1) is a right of passage with or without
vehicles.
(3) No right of passage is conferred by subsection (1) where there is some public road
equally convenient.
(4) The rights conferred by subsection (1) shall be so exercised as to do as little damage
as possible.
(5) Any damage sustained by an owner or occupier of land in consequence of the
exercise of the rights conferred by this section shall be a charge on the vessel, cargo or articles in
respect of or by which the damage is caused.
(6) Any amount payable in respect of such damage shall, in case of dispute, be
determined and shall, in default of payment, be recoverable in the same manner as the amount
of salvage is determined and recoverable under this Part.
(7) If the owner or occupier of any land
(a) impedes or hinders any person in the exercise of the rights conferred by this
section;
(b) impedes or hinders the deposit on the land of any cargo or other article recovered
from the vessel; or
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(c) prevents or attempts to prevent any cargo or other article recovered from the
vessel from remaining deposited on the land for a reasonable time until it can be
removed to a safe place of public deposit;
he shall be liable on summary conviction to a fine of $10,000.
Dealing with wreck
Duties of finder etc. of wreck
200. (1) If any person finds or takes possession of any wreck in Bermuda waters or finds or
takes possession of any wreck outside Bermuda waters and brings it within those waters he shall
(a) if he is the owner of it, give notice to the Receiver stating that he has found or
taken possession of it and describing the marks by which it may be recognised;
(b) if he is not the owner of it, 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.
(2) If any person fails, without reasonable excuse, to comply with subsection (1) he shall
be liable on summary conviction to a fine of $5,000 and if he is not the owner of the wreck he
shall also
(a) forfeit any claim to salvage; and
(b) be liable to pay twice the value of the wreck
(i) if it is claimed, to the owner of it; or
(ii) if it is unclaimed, to the person entitled to the wreck.
(3) Any sum payable under subsection (2)(b) to the owner of the wreck or to the persons
entitled to the wreck may be recovered summarily as a civil debt.
Provisions as respects cargo, etc.
201. (1) Where a vessel is wrecked, stranded, or in distress at any place on or near the coast of
Bermuda or any tidal water within Bermuda waters, any cargo or other articles belonging to or
separated from the vessel which are washed on shore or otherwise lost or taken from the vessel
shall be delivered to the Receiver.
(2) If any person (whether the owner or not)
(a) conceals or keeps possession of any such cargo or article; or
(b) refuses to deliver any such cargo or article to the Receiver or to any person
authorised by the Receiver to require delivery;
he shall be liable, on summary conviction, to a fine of $25,000.
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(3) The Receiver or any person authorised by him may take any such cargo or article (if
necessary by force) from any person who refuses to deliver it.
Receiver to give notice of wreck
202. (1) Where the Receiver takes possession of any wreck he shall, within 48 hours
(a) make a record describing the wreck and any marks by which it is distinguished;
(b) cause to be published in the Gazette such a description; and
(c) if in his opinion the value of the wreck exceeds $7,500, also transmit a similar
description to the chief executive officer of Lloyd's in London.
(2) The record made by the Receiver under subsection (l)(a) shall be kept by him
available for inspection by any person during reasonable hours without charge.
(3) The notice sent under subsection (1)(c) to the chief executive officer of Lloyd's shall
be posted by him in some conspicuous position for inspection.
Claims of owners to wreck
203. (1) The owner of any wreck in the possession of the Receiver who establishes his claim to
the wreck to the satisfaction of the Receiver within one year from the time when the wreck came
into the Receiver's possession shall, on paying the salvage, fees and expenses due, be entitled to
have the wreck delivered or the proceeds of sale paid to him.
(2) Where
(a) a foreign ship has been wrecked on or near the coast of Bermuda; or
(b) any articles belonging to or forming part of or of the cargo of a foreign ship which
has been wrecked on or near the coast of Bermuda are found on or near the
coast or are brought into any port;
the appropriate consular officer shall, in the absence of the owner and of the master or other
agent of the owner, be treated as the agent of the owner for the purposes of the custody and
disposal of the wreck and such articles.
(3) In subsection (2) "the appropriate consular officer", in relation to a foreign ship,
means the consul general of the country to which the ship or, as the case may be, the owners of
the cargo may have belonged or any consular officer of that country authorised for the purpose
by any treaty or arrangement with that country.
Immediate sale of wreck in certain cases
204. (l) The Receiver may at any time sell any wreck in his possession if, in his opinion
(a) it is under the value of $7,500;
(b) it is so much damaged or of so perishable a nature that it cannot with advantage
be kept; or
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(c) it is not of sufficient value to pay for storage.
(2) The proceeds of sale shall, after defraying the expenses of the sale, be held by the
Receiver for the same purposes and subject to the same claims, rights and liabilities as if the
wreck had remained unsold.
Unclaimed wreck
Right of Crown to unclaimed wreck
205. Her Majesty in right of Her Government in Bermuda is entitled to all unclaimed wreck
found in Bermuda or in Bermuda waters except in places where Her Majesty in right of Her
Government in Bermuda has granted the right to any other person.
Notice of unclaimed wreck to be given to persons entitled
206. (1) Any person who is entitled to unclaimed wreck found at any place in Bermuda or in
Bermuda waters shall give the Receiver a statement containing the particulars of his entitlement
and specifying an address to which notices may be sent.
(2) Where a statement has been given to the Receiver under subsection (1) and the
entitlement is proved to the satisfaction of the Receiver, the Receiver shall, on taking possession
of any wreck found at a place to which the statement refers, within 48 hours, send to the
specified address a description of the wreck and of any marks distinguishing it.
Disposal of unclaimed wreck
207. (1) Where, as respects any wreck found in Bermuda or in Bermuda waters and in the
possession of the Receiver, no owner establishes a claim to it within one year after it came into
the Receiver's possession, the wreck shall be dealt with as follows.
(2) If the wreck is claimed by any person who has delivered the statement required by
section 206 and has proved to the satisfaction of the Receiver his entitlement to receive
unclaimed wreck found at the place where the wreck was found, the wreck shall, on payment of
all expenses, costs, fees and salvage due in respect of it, be delivered to that person.
(3) If the wreck is not claimed by any person in accordance with section 206, the
Receiver shall sell the wreck and pay the proceeds as directed by subsection (6), after making the
deductions required by subsection (4) and paying to the salvors the amount of salvage
determined under subsection (5).
(4) The amounts to be deducted by the Receiver are
(a) the expenses of the sale;
(b) any other expenses incurred by him; and
(c) his fees.
(5) The amount of salvage to be paid by the Receiver to the salvors shall be such
amount as the Minister directs generally or in the particular case.
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(6) The proceeds of sale (after making those deductions and salvage payments) shall be
paid by the Receiver into the Consolidated Fund.
Effect of delivery of wreck under this Part
208. (1) Delivery of wreck or payment of the proceeds of sale of wreck by the Receiver under
this Chapter shall discharge the Receiver from all liability in respect of the delivery or payment.
(2) Delivery of wreck by the Receiver under this Chapter shall not, however, prejudice or
affect any question which may be raised by third parties concerning the right or title to the wreck
or concerning the title to the soil of the place at which the wreck was found.
Offences in respect of wreck
Taking wreck to foreign port
209. (1) A person commits an offence if without the permission of the owner or Receiver or
other lawful authority he takes into any foreign port and sells
(a) any vessel stranded, derelict or otherwise in distress found on or near the coast
of Bermuda or any tidal water within Bermuda waters;
(b) any part of the cargo or equipment of, or anything belonging to, such a vessel; or
(c) any wreck found within those waters.
(2) A person who is guilty of an offence under this section shall be liable on conviction
on indictment to a fine of $250,000 or to imprisonment for a term of five years or both.
Interfering with wrecked vessel or wreck
210. (1) Subject to subsection (2), a person commits an offence if, without the permission of
the master, he boards or attempts to board any vessel which is wrecked, stranded or in distress.
(2) No offence is committed under subsection (1) if the person is the Receiver or a
person lawfully acting as the Receiver or if he acts by command of the Receiver or a person so
acting.
(3) A person commits an offence if
(a) he impedes or hinders or attempts to impede or hinder the saving of
(i) any vessel stranded or in danger of being stranded, or otherwise in distress,
on or near any coast or tidal water; or
(ii) any part of the cargo or equipment of any such vessel; or
(iii) any wreck;
(b) he conceals any wreck;
(c) he defaces or obliterates any mark on a vessel; or
(d) he wrongfully carries away or removes
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(i) any part of any vessel stranded or in danger of being stranded, or otherwise
in distress, on or near any coast or tidal water;
(ii) any part of the cargo or equipment of any such vessel; or
(iii) any wreck.
(4) The master of a vessel may forcibly repel any person committing or attempting to
commit an offence under subsection (1).
(5) A person who is guilty of an offence under this section shall be liable, on summary
conviction
(a) in the case of an offence under subsection (1), to a fine of $10,000;
(b) in the case of an offence under subsection (3), to a fine of $25,000.
Powers of entry etc.
211. (1) Where the Receiver has reason to believe that
(a) any wreck is being concealed by or is in the possession of some person who is
not the owner of it; or
(b) any wreck is being otherwise improperly dealt with;
he may apply to a magistrate for a search warrant.
(2) Where a search warrant is granted under subsection (1) to the Receiver, the Receiver
may, by virtue of the warrant
(a) enter any house, or other place (wherever situated) or any vessel; and
(b) search for, seize and detain any wreck found there.
(3) If any seizure of wreck is made under this section in consequence of information
given by any person to the Receiver, the person giving the information shall be entitled, by way of
salvage, to such sum, not exceeding $150, as the Receiver may allow.
CHAPTER III
SUPPLEMENTAL
Administration
Functions of Minister
212. (l) The Minister shall have the general superintendence throughout Bermuda of all
matters relating to wreck.
(2) The Collector of Customs, shall exercise the powers and discharge the functions of
the Receiver of wreck under this Part, and shall discharge such functions as are assigned to him
by the Minister responsible for finance.
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Expenses and fees of the Receiver
213. (l) There shall be paid to the Receiver the expenses properly incurred by him in the
discharge of his functions and also in respect of such matters as may be prescribed by
regulations made by the Minister responsible for finance such fees as may be so prescribed.
(2) The Receiver shall, in addition to all other rights and remedies for the recovery of
those expenses and fees, have the same rights and remedies in respect of those expenses and
fees as a salvor has in respect of salvage due to him.
Release from customs control
Release of goods from customs control
214. (1) The Collector of Customs shall, subject to taking security for the protection of the
revenue in respect of the goods, permit all goods saved from any ship stranded or wrecked on its
homeward voyage to be forwarded to the port of its original destination.
(2) The Collector of Customs shall, subject to taking such security, permit all goods
saved from any ship stranded or wrecked on her outward voyage to be returned to the port at
which they were shipped.
(3) In this section "goods" includes wares and merchandise.
Removal of wrecks
Powers of Minister in relation to wrecks
215. (1) Where any vessel is sunk, stranded or abandoned
(a) in or near any approach to, any harbour or tidal water in Bermuda; or
(b) in any fairway or on the seashore or on or near any rock, shoal or bank in
Bermuda;
in such a manner as, in the opinion of the Minister, to be, or be likely to become, an obstruction
or danger to navigation or to lifeboats engaged in lifeboat service, the Minister may exercise any of
the following powers.
(2) Those powers are
(a) to take possession of, and raise, remove or destroy the whole or any part of the
vessel and any other property to which the power extends;
(b) to light or buoy the vessel or part of the vessel and any such other property until
it is raised, removed or destroyed; and
(c) subject to subsections (5) and (6), to sell, in such manner as the Minister thinks
fit, the vessel or part of the vessel so raised or removed and any other property
recovered in the exercise of the powers conferred by paragraph (a) or (b);
(d) to reimburse the Crown, out of the proceeds of the sale, for the expenses
incurred by it in relation to the sale.
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(3) The other property to which the powers conferred by subsection (2) extend is every
article or thing or collection of things being or forming part of the equipment, cargo, stores or
ballast of the vessel.
(4) Any surplus of the proceeds of a sale under subsection (2)(c) shall be held by the
Minister on trust for the persons entitled thereto.
(5) Except in the case of property which is of a perishable nature or which would
deteriorate in value by delay, no sale shall be made under subsection (2)(c) until at least seven
days notice of the intended sale has been given by advertisement in a local newspaper circulating
in Bermuda.
(6) At any time before any property is sold under subsection (2)(c), the owner of the
property shall be entitled to have it delivered to him on payment of its fair market value.
(7) The market value of property for the purposes of subsection (6) shall be that agreed
on between the Minister and the owner or, failing agreement, that determined by a person
appointed for the purpose by the Minister.
(8) The sum paid to the Minister in respect of any property under subsection (6) shall,
for the purposes of this section, be treated as the proceeds of sale of the property.
(9) Any proceeds of sale arising under subsection (2)(c) from the sale of a vessel and any
other property recovered from the vessel shall be paid into the consolidated fund.
Interpretation
216. (1) In this Part
“Receiver" means the person referred to in section 212(2);
“salvage" includes, subject to the Salvage Convention, all expenses properly incurred by
the salvor in the performance of the salvage services;
"the Salvage Convention" has the meaning given by section 189(1);
“salvor" means, in the case of salvage services rendered by the officers or crew or part of
the crew of any ship belonging to Her Majesty, the person in command of the ship;
"tidal water" means any part of the sea and any part of a river within the ebb and flow of
the tide at ordinary spring tides, and not being a harbour;
"vessel" includes any ship or boat, or any other description of vessel used in navigation;
and
"wreck" includes jetsam, flotsam, lagan and derelict found in or on the shores of the sea
or any tidal water.
(2) Fishing boats or fishing gear lost or abandoned at sea and either
(a) found or taken possession of within Bermuda waters; or
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(b) found or taken possession of beyond those waters and brought within those
waters;
shall be treated as wreck for the purposes of this Part.
PART X
ENFORCEMENT OFFICERS AND POWERS
Enforcement Officers
Appointment of inspectors and surveyors
217. (1) The Minister may, if he thinks fit, appoint any person as an inspector to report to
him—
(a) upon the nature and causes of any accident or damage which any ship has or is
alleged to have sustained or caused;
(b) whether any requirements, restrictions or prohibitions imposed by or under this
Act have been complied with or (as the case may be) contravened;
(c) whether the hull and machinery of a ship are sufficient and in good condition;
(d) what measures have been taken to prevent the escape of oil or mixtures
containing oil.
(2) The Minister may, at such ports as he thinks fit, appoint persons to be surveyors of
ships for the purposes of this Act and may remove any person so appointed.
(3) A surveyor of ships may be appointed either as a ship surveyor or as an engineer
surveyor or as a nautical surveyor or a combination thereof.
(4) A surveyor of ships may be appointed either generally or for any particular case or
purpose.
(5) The Minister may appoint persons to be inspectors for the purposes of sections 222
to 227.
(6) Every inspector appointed under section (1) shall be treated as appointed under
subsection (5).
(7) Every surveyor of ships shall be treated as a person appointed generally under
subsection (1) to report to the Minister in every kind of case falling within paragraphs (b) and (d)
of that subsection in relation to Chapter III of Part VII.
(8) In this Act—
(a) "Departmental inspector" means an inspector appointed under subsection (1);
(b) "surveyor of ships" means a surveyor appointed under subsection (2);
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(c) "Departmental officer" means any officer of the Minister discharging functions of
his for the purposes of this Act;
and the reference to requirements, restrictions or prohibitions under this Act includes any such
requirements, restrictions or prohibitions constituting the terms of any approval, licence, consent
or exemption given in any document issued under this Act.
Inspection etc. powers
Powers to require production of ships documents
218. (1) The powers conferred by this section are conferred in relation to Bermuda ships and
are available to any of the following officers, namely—
(a) any Departmental officer;
(b) any commissioned naval officer;
(c) any British consular officer;
(d) the Registrar or any person discharging his functions;
(e) the Collector of Customs;
(f) any superintendent;
whenever the officer has reason to suspect that this Act or any law for the time being in force
relating to merchant seamen or navigation is not complied with.
(2) Those powers are—
(a) to require the owner, master, or any of the crew to produce any official log-books
or other documents relating to the crew or any member of the crew in their
possession or control;
(b) to require the master to produce a list of all persons on board his ship, and take
copies of or extracts from the official log-books or other such documents;
(c) to muster the crew; and
(d) to require the master to appear and give any explanation concerning the ship or
her crew or the official log-books or documents produced or required to be
produced.
(3) If any person, on being duly required by an officer under this section to produce a
log-book or any document, fails without reasonable excuse to produce the log-book or document,
he shall be guilty of an offence and liable on summary conviction to a fine of $2,000.
(4) If any person, on being duly required by any officer under this section—
(a) to produce a log-book or document, refuses to allow the log-book or document to
be inspected or copied;
(b) to muster the crew, impedes the muster; or
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(c) to give any explanation, refuses or neglects to give the explanation or knowingly
misleads or deceives the officer;
he shall be guilty of an offence and liable on summary conviction to a fine of $10,000.
Powers to inspect ships and their equipment, etc.
219. (1) For the purpose of seeing that the provisions of this Act other than Chapter III of
Part VII the provisions of regulations and rules made under this Act (other than that Chapter) are
complied with or that the terms of any approval, licence, consent, direction or exemption given by
virtue of such regulations are duly complied with, the following persons, namely—
(a) a surveyor of ships;
(b) a superintendent;
(c) any person appointed by the Minister, either generally or in a particular case, to
exercise powers under this section;
may at all reasonable times go on board a ship in Bermuda or Bermuda waters 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 this Act or in pursuance of regulations or rules under this Act .
(2) The powers conferred by subsection (1) are not exercisable in relation to a qualifying
foreign ship while the ship is exercising the right of innocent passage.
(3) The powers conferred by subsection (1) are, if the ship is a Bermuda ship, also
exercisable outside Bermuda waters and may be so exercised by a proper officer as well as the
persons mentioned in that subsection.
(4) 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.
(5) Where any such person as is mentioned in subsection (1) has reasonable grounds
for believing that there are on any premises provisions or water intended for supply to a Bermuda
ship which, if provided on the ship, would not be in accordance with safety regulations containing
requirements as to 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 the regulations.
(6) 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 (4), he shall be guilty of an offence and
liable, on summary conviction, to a fine of $10,000.
Powers of inspectors in relation to premises and ships
220. (1) The powers conferred by this section are conferred in relation to—
(a) any premises in Bermuda; or
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(b) any Bermuda ship wherever it may be and any other ship which is present in
Bermuda or in Bermuda waters;
and are available to any Departmental inspector, or any inspector appointed under section
217(5), for the purpose of performing his functions.
(2) Such an inspector—
(a) may at any reasonable time (or, in a situation which in his opinion is or may be
dangerous, at any time)—
(i) enter any premises; or
(ii) board any ship;
if he has reason to believe that it is necessary for him to do so;
(b) may, on entering any premises by virtue of paragraph (a) or on boarding a ship
by virtue of that paragraph, take with him any other person authorised for the
purpose by the Minister and any equipment or materials he requires;
(c) may make such examination and investigation as he considers necessary;
(d) may give a direction requiring that the premises or ship or any part of the
premises or ship or any thing in the premises or ship or such a part shall be left
undisturbed (whether generally or in particular respects) for so long as is
reasonably necessary for the purposes of any examination or investigation under
paragraph (c);
(e) may take such measurements and photographs and make such recordings as he
considers necessary for the purpose of any examination or investigation under
paragraph (c);
(f) may take samples of any articles or substances found in the premises or ship
and of the atmosphere in or in the vicinity of the premises or ship;
(g) may, in the case of any article or substance which he finds in the premises or
ship and which appears to him to have caused or to be likely to cause danger to
health or safety, cause it to be dismantled or subjected to any process or test (but
not so as to damage or destroy it unless that is in the circumstances necessary);
(h) may, in the case of any such article or substance as is mentioned in paragraph
(g), take possession of it and detain it for so long as is necessary for all or any of
the following purposes, namely—
(i) to examine it and do to it anything which he has power to do under that
paragraph;
(ii) to ensure that it is not tampered with before his examination of it is
completed;
(iii) to ensure that it is available for use as evidence in any proceedings for
an offence under this Act or any instrument made under it;
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(i) may require any person who he has reasonable cause to believe is able to give
any information relevant to any examination or investigation under paragraph
(c)—
(i) to attend at a place and time specified by the inspector; and
(ii) to answer (in the absence of persons other than any persons whom the
inspector may allow to be present and a person nominated to be present
by the person on whom the requirement is imposed) such questions as
the inspector thinks fit to ask; and
(iii) to sign a declaration of the truth of his answers;
(j) may require the production of, and inspect and take copies of or of any entry
in,—
(i) any books or documents which by virtue of any provision of this Act are
required to be kept; and
(ii) any other books or documents which he considers it necessary for him to
see for the purposes of any examination or investigation under
paragraph (c);
(k) may require any person to afford him such facilities and assistance with respect
to any matters or things within that person's control or in relation to which that
person has responsibilities as the inspector considers are necessary to enable
him to exercise any of the powers conferred on him by this subsection.
(3) The powers conferred by subsection (2) to require the production of any document
and copy of it include, in relation to oil record books required to be carried under section 141,
power to require the master to certify the copy as a true copy.
(4) The powers conferred by subsection (2) to inspect premises shall also be
exercisable, for the purpose of Chapter III of Part VII, in relation to any apparatus used for
transferring oil.
(5) The powers conferred by subsection (2)(a), (c) and (j) shall also be exercisable, in
relation to a ship in a harbour in Bermuda, by the harbour master or other persons appointed
by the Minister for the purpose, for the purpose of ascertaining the circumstances relating to an
alleged discharge of oil or a mixture containing oil from the ship into the harbour.
(6) It is hereby declared that nothing in the preceding provisions of this section
authorises a person unnecessarily to prevent a ship from proceeding on a voyage.
(7) The Minister may by regulations provide as to the procedure to be followed in
connection with the taking of samples under subsection (2)(f) and subsection (10) and provision
as to the way in which samples that have been so taken are to be dealt with.
(8) Where an inspector proposes to exercise the power conferred by subsection (2)(g) in
the case of an article or substance found in any premises or ship, he shall, if so requested by a
person who at the time is present in and has responsibilities in relation to the premises or ship,
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cause anything which is to be done by virtue of that power to be done in the presence of that
person unless the inspector considers that its being done in that person's presence would be
prejudicial to the safety of that person.
(9) Before exercising the power conferred by subsection (2)(g), an inspector shall consult
such persons as appear to him appropriate for the purpose of ascertaining what dangers, if any,
there may be in doing anything which he proposes to do under that power.
(10) Where under the power conferred by subsection (2)(h) an inspector takes possession
of any article or substance found in any premises or ship, he shall leave there, either with a
responsible person or, if that is impracticable, fixed in a conspicuous position, a notice giving
particulars of that article or substance sufficient to identify it and stating that he has taken
possession of it under that power; and before taking possession of any such substance under
that power an inspector shall, if it is practicable for him to do so, take a sample of the substance
and give to a responsible person at the premises or on board the ship a portion of the sample
marked in a manner sufficient to identify it.
(11) No answer given by a person in pursuance of a requirement imposed under
subsection (2)(i) shall be admissible in evidence against that person or the husband or wife of that
person in any proceedings except proceedings in pursuance of subsection (1)(c) of section 221 in
respect of a statement in or a declaration relating to the answer; and a person nominated as
mentioned in the said subsection (2)(i) shall be entitled, on the occasion on which the questions
there mentioned are asked, to make representations to the inspector on behalf of the person who
nominated him.
Provisions supplementary to section 220
221. (1) A person who—
(a) intentionally obstructs an inspector in the exercise of any power available to him
under section 220; or
(b) without reasonable excuse, does not comply with a requirement imposed in
pursuance of section 220 or prevents another person from complying with such a
requirement; or
(c) without prejudice to the generality of paragraph (b), makes a statement or signs a
declaration which he knows is false, or recklessly makes a statement or signs a
declaration which is false, in purported compliance with a requirement made in
pursuance of subsection (2)(i) of section 220;
shall be guilty of an offence and liable
(i) on summary conviction, to a fine of $10,000;
(ii) on conviction on indictment, to a fine of $50,000 or to imprisonment for
a term of two years, or both.
(2) Nothing in section 220 shall be taken to compel the production by any person of a
document of which he would on grounds of legal professional privilege be entitled to withhold
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production on an order for discovery in an action in the Supreme Court or, as the case may be,
on an order for the production of documents in an action in the Court of Appeal.
(3) A person who complies with a requirement imposed on him in pursuance of
paragraph (j) or (k) of subsection (2) of section 220 shall be entitled to recover from the person
who imposed the requirement such sums in respect of the expenses incurred in complying with
the requirement as are prescribed by regulations made by the Minister.
(4) Regulations under subsection (3) may make different provision for different
circumstances.
(5) Any payments under subsection (3) shall be made out of money provided by the
Legislature.
Improvement notices and prohibition notices
Improvement notices
222. (1) If an inspector appointed under section 217(5) is of the opinion that a person—
(a) is contravening one or more of the relevant statutory provisions; or
(b) has contravened one or more of those provisions in circumstances that make it
likely that the contravention will continue or be repeated;
he may serve on that person a notice under this section, (referred to in the following sections of
this Part as an improvement notice).
(2) An improvement notice shall—
(a) state that the inspector is of the said opinion, specify the provision or provisions
as to which he is of that opinion, and give particulars of the reasons why he is of
that opinion; and
(b) require the person on whom the notice is served to remedy the contravention in
question or (as the case may be) the matters occasioning it within such period as
may be specified in the notice.
(3) The period specified in pursuance of subsection (2)(b) shall not expire before the
end of the period within which a notice can be given under section 225 requiring questions
relating to the improvement notice to be referred to arbitration.
(4) In this and the following sections of this Part "the relevant statutory provisions"
means—
(a) sections 56, 57, 59 to 67, 93, 94, 96 (and Schedule 2), 97 (and Schedule 3), 98,
107, 122, 123, 124, 125 and 130 to 149; and
(b) the provisions of any instrument of a legislative character having effect under
any of those provisions.
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Prohibition notices
223. (1) If, as regards any relevant activities which are being or are likely to be carried on
board any ship by or under the control of any person, an inspector appointed under section
217(5) is of the opinion that, as so carried on or as likely to be so carried on, the activities involve
or (as the case may be) will involve the risk of—
(a) serious personal injury to any person (whether on board the ship or not); or
(b) serious pollution of any navigable waters;
the inspector may serve on the first-mentioned person a notice under this section (referred to in
the following sections of this Part as a "prohibition notice").
(2) In subsection (1) "relevant activities" means activities to or in relation to which any
of the relevant statutory provisions apply or will, if the activities are carried on as mentioned in
that subsection, apply.
(3) A prohibition notice shall—
(a) state that the inspector is of the said opinion;
(b) specify the matters which in his opinion give or (as the case may be) will give rise
to the said risk;
(c) where in his opinion any of those matters involve or (as the case may be) will
involve a contravention of any of the relevant statutory provisions state that he is
of that opinion, specify the provision or provisions as to which he is of that
opinion, and give particulars of the reasons why he is of that opinion; and
(d) direct—
(i) that the activities to which the notice relates shall not be carried on by or
under the control of the person on whom the notice is served; or
(ii) that the ship shall not go to sea;
(or both of those things) unless the matters specified in the notice in pursuance
of paragraph (b), and any associated contravention’s of any provision so specified
in pursuance of paragraph (c), have been remedied.
(4) A direction contained in a prohibition notice in pursuance of subsection (3)(d) shall
take effect—
(a) at the end of a period specified in the notice; or
(b) if the direction is given in pursuance of subsection (3)(d)(ii) or the notice
so declares, immediately.
Provisions supplementary to sections 222 and 223
224. (1) An improvement notice or a prohibition notice may (but need not) include directions
as to the measures to be taken to remedy any contravention or matter to which the notice relates;
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and any such directions may be framed so as to afford the person on whom the notice is served a
choice between different ways of remedying the contravention or matter.
(2) An improvement notice or a prohibition notice shall not direct any measures to be
taken to remedy the contravention of any of the relevant statutory provisions that are more
onerous than those necessary to secure compliance with that provision.
(3) Where an improvement notice or a prohibition notice that is not to take immediate
effect has been served—
(a) the notice may be withdrawn by an inspector at any time before the end of the
period specified in it in pursuance of section 222(2)(b) or (as the case may be)
section 223(4); and
(b) the period so specified may be extended or further extended by an inspector at
any time when a reference to arbitration in respect of the notice is not pending
under section 225.
References of notices to arbitration
225. (1) Any question —
(a) as to whether any of the reasons or matters specified in an improvement notice
or a prohibition notice in pursuance of section 222(2)(a) or 223(3)(b) or (c) in
connection with any opinion formed by the inspector constituted a valid basis for
that opinion; or
(b) as to whether any directions included in the notice in pursuance of section 223(l)
were reasonable;
shall, if the person on whom the notice was served so requires by a notice given to the inspector
within 21 days from the service of the notice, be referred to a single arbitrator appointed by
agreement between the parties for that question to be decided by him.
(2) Where a notice is given by a person in accordance with subsection (1), then —
(a) in the case of an improvement notice, the giving of the notice shall have the effect
of suspending the operation of the improvement notice until the decision of the
arbitrator is published to the parties or the reference is abandoned by that
person;
(b) in the case of a prohibition notice, the giving of the notice shall have the effect of
so suspending the operation of the prohibition notice if, but only if, on the
application of that person the arbitrator so directs (and then only from the giving
of the direction).
(3) Where on a reference under this section the arbitrator decides as respects any
reason, matter or direction to which the reference relates, that in all the circumstances —
(a) the reason or matter did not constitute a valid basis for the inspector's opinion;
or
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(b) the direction was unreasonable;
he shall either cancel the notice or affirm it with such modifications as he may in the
circumstances think fit; and in any other case the arbitrator shall affirm the notice in its original
form.
(4) Where any reference under this section involves the consideration by the arbitrator
of the effects of any particular activities or state of affairs on the health or safety of any persons,
he shall not on that reference make any decision such as is mentioned in subsection (3)(a) or (b)
except after —
(a) in the case of an improvement notice, affording an opportunity of making oral
representations to him with respect to those effects to a member of any such
panel of representatives of maritime trade unions as may be appointed by the
Minister for the purposes of this subsection; or
(b) in the case of a prohibition notice affording an opportunity of making such
representations to him to either —
(i) a representative of a trade union representing persons whose interests it
appears to him that the notice was designed to safeguard; or
(ii) a member of any such panel as is referred to in paragraph (a);
as he thinks appropriate; and
(c) (in either case) considering any representations made to him in pursuance of
paragraph (a) or (b).
(5) A person shall not be qualified for appointment as an arbitrator under this section
unless he is —
(a) a person holding a certificate of competency as a master mariner or as a marine
engineer officer class 1, or a person holding a certificate equivalent to any such
certificate;
(b) a naval architect;
(c) a person falling within subsection (6); or
(d) a person with special experience of shipping matters, of the fishing industry, or
of activities carried on in ports.
(6) For the purposes of subsection (5)(c) a person falls within this subsection if he is a
barrister and attorney of at least 10 years standing.
(7) In connection with his functions under this section an arbitrator shall have the
powers conferred on an inspector by section 220 other than subsections (3), (4) and (6).
Compensation in connection with invalid prohibition notices
226. (1) If on a reference under section 225 relating to a prohibition notice —
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(a) the arbitrator decides that any reason or matter did not constitute a valid basis
for the inspector's opinion; and
(b) it appears to him that there were no reasonable grounds for the inspector to form
that opinion;
the arbitrator may, subject to subsection (3), award the person on whom the notice was served
such compensation in respect of any loss suffered by him in consequence of the service of the
notice as the arbitrator thinks fit.
(2) If on any such reference the arbitrator decides that any direction included in the
notice was unreasonable, the arbitrator may, subject to subsection (3), award the person on
whom the notice was served such compensation in respect of any loss suffered by him in
consequence of the direction as the arbitrator thinks fit.
(3) An arbitrator shall not award any compensation under subsection (1) or (2) in the
case of any prohibition notice unless —
(a) it appears to him that the direction given in pursuance of section 223(3)(d)
contained any such requirement as is mentioned in subparagraph (ii) of that
provision; or
(b) it appears to him that —
(i) the inspector was of the opinion that there would be such a risk of injury
or pollution as is referred to in the notice if the ship went to sea; and
(ii) the effect of the direction given in pursuance of section 223(3)(d) was to
prohibit the departure of the ship unless the matters, or (as the case may
be) the matters and contraventions, referred to in the direction were
remedied.
Offences
227. (1) Any person who contravenes any requirement imposed by an improvement notice
shall be guilty of an offence and liable —
(a) on summary conviction, to a fine of $10,000;
(b) on conviction on indictment, to a fine of $50,000.
(2) Any person who contravenes any prohibition imposed by a prohibition notice shall
be guilty of an offence and liable —
(a) on summary conviction, to a fine of $10,000;
(b) on conviction on indictment, to a fine of $50,000 or to imprisonment for a term of
two years or both.
(3) It shall be a defence for a person charged with an offence under this section to prove
that he exercised all due diligence to avoid a contravention of the requirement or prohibition in
question.
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(4) In this section any reference to an improvement notice or a prohibition notice
includes a reference to any such notice as modified under section 225(3).
PART XI
ACCIDENT INVESTIGATIONS AND INQUIRIES
Marine accident investigations
Investigation of marine accidents
228. (1) The Minister shall, for the purpose of the investigation of any such accidents as are
mentioned in subsection (2), appoint inspectors of marine accidents.
(2) The accidents referred to in subsection (1) are —
(a) any accident involving a ship or ship's boat where, at the time of the accident —
(i) the ship is a Bermuda ship; or
(ii) the ship, or (in the case of an accident involving a ship's boat) that boat,
is within Bermuda waters; and
(b) such other accidents involving ships or ships' boats as the Minister may
determine.
(3) The Minister may by regulations make such provision as he considers appropriate
with respect to the investigation of any such accidents as are mentioned in subsection (2).
(4) Any such regulations may, in particular, provide —
(a) with respect to the definition of "accident" for the purposes of this section and the
regulations;
(b) imposing requirements as to the reporting of accidents;
(c) prohibiting, pending investigation, access to or interference with any ship or
ship's boat involved in an accident;
(d) authorising any person, so far as may be necessary for the purpose of
determining whether an investigation should be carried out, to have access to,
examine, remove, test, take measures for the preservation of, or otherwise deal
with, any such ship or boat or any other ship or ship's boat;
(e) specifying, with respect to the investigation of accidents, the functions of the
Chief Marine Surveyor (which may include the function of determining whether,
and if so by whom, particular accidents should be investigated), the functions of
other inspectors of marine accidents, and the manner in which any such
functions are to be discharged;
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(f) for the appointment by the Chief Marine Surveyor, in such circumstances as may
be specified in the regulations, of persons to carry out investigations under this
section who are not inspectors of marine accidents;
(g) for the appointment by the Minister of persons to review any findings or
conclusions of a person carrying out an investigation under this section;
(h) for the procedure to be followed in connection with investigations or reviews
under this section;
(i) for conferring on persons discharging functions under the regulations who are
not inspectors of marine accidents all or any of the powers conferred on an
inspector by section 220;
(j) for the submission to the Minister, and the publication by him, of reports of
investigations or reviews under this section;
(k) for the publication by the Chief Marine Surveyor of reports and other information
relating to accidents.
(5) Regulations under this section may provide for any provisions of the regulations to
apply to any specified class or description of incidents or situations which involve, or occur on
board, ships or ships' boats but are not accidents for the purposes of the regulations, being a
class or description framed by reference to any of the following, namely —
(a) the loss or destruction of or serious damage to any ship or structure;
(b) the death of or serious injury to any person; or
(c) environmental damage;
whether actually occurring or not, and (subject to such modifications as may be specified in the
regulations) for those provisions to apply in relation to any such incidents or situations as they
apply in relation to accidents.
(6) Regulations under this section may provide that a contravention of the regulations
shall be an offence punishable on summary conviction by a fine of $10,000 and on conviction on
indictment by a fine of $50,000.
(7) The Chief Marine Surveyor, or (as the case may be) inspectors of marine accidents
generally, shall discharge such functions in addition to those conferred by or under the preceding
provisions of this section as the Minister may determine.
(8) Any inspector of marine accidents shall, for the purpose of discharging any
functions conferred on him by or under this section, have the powers conferred on an inspector
by section 220.
(9) In this section —
(a) references to an accident involving a ship or ship's boat include references to an
accident occurring on board a ship or ship's boat (and any reference to a ship or
ship's boat involved in an accident shall be construed accordingly); and
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(b) "ship's boat" includes a life-raft.
Formal investigation into marine accidents
229. (1) Where any accident has occurred, the Minister may (whether or not an investigation
into it has been carried out under section 228) cause a formal investigation into the accident to
be held by a wreck commissioner.
(2) A wreck commissioner holding a formal investigation shall conduct it in accordance
with rules under section 231(l); and those rules shall require the assistance of one or more
assessors and, if any question as to the cancellation or suspension of an officer's certificate is
likely, the assistance of not less than two assessors.
(3) Section 9 of the Magistrates Act 1948 (which provides for the attendance of
witnesses) shall apply in relation to a formal investigation held by a wreck commissioner as if the
wreck commissioner were a magistrates' court and the investigation a complaint; and the wreck
commissioner shall have power to administer oaths for the purposes of the investigation.
(4) If as a result of the investigation the wreck commissioner is satisfied, with respect to
any officer, of any of the matters mentioned in paragraphs (a) to (c) of section 73(1) and, if it is a
matter mentioned in paragraph (a) or (b) of that section, is further satisfied that it caused or
contributed to the accident, he may cancel or suspend any certificate issued to the officer under
section 59 or censure him; and if he cancels or suspends the certificate the officer shall deliver it
forthwith to him or to the Minister.
(5) If a person fails to deliver a certificate as required under subsection (4) he shall be
guilty of an offence and liable on summary conviction to a fine of $2,000.
(6) Where a certificate has been cancelled or suspended under this section, the
Minister, if of the opinion that the justice of the case requires it, may re-issue the certificate or, as
the case may be, reduce the period of suspension and return the certificate, or may grant a new
certificate of the same or a lower grade in place of the cancelled or suspended certificate.
(7) The wreck commissioner may make such awards as he thinks just with regard to
the costs (or, as the case may be, expenses) of the investigation and of any parties at the
investigation, and with regard to the parties by whom those costs or expenses are to be paid; and
any such award of the wreck commissioner may, on the application of any party named in it, be
made an order of the Supreme Court.
(8) Any costs or expenses directed by an award to be paid in full shall be taxable.
(9) The wreck commissioner shall make a report on the investigation to the Minister.
(10) In this section "accident" means any accident to which regulations under section
228 apply or any incident or situation to which any such regulations apply by virtue of
subsection (5) of that section.
Re-hearing of and appeal from investigations
230. (1) Where a formal investigation has been held under section 229 the Minister may
order the whole or part of the case to be reheard, and shall do so —
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(a) if new and important evidence which could not be produced at the investigation
has been discovered; or
(b) if there appear to the Minister to be other grounds for suspecting that a
miscarriage of justice may have occurred.
(2) An order under subsection (1) may provide for the rehearing to be by a wreck
commissioner or the Supreme Court.
(3) Any re-hearing under this section which is not held by the Supreme Court shall be
conducted in accordance with rules made under section 231(l); and section 229 shall apply in
relation to a rehearing of an investigation by a wreck commissioner as it applies in relation to the
holding of an investigation.
(4) Where the wreck commissioner holding the investigation has decided to cancel or
suspend the certificate of any person or has found any person at fault, then, if no application for
an order under subsection (1) has been made or such an application has been refused, that
person or any other person who, having an interest in the investigation, has appeared at the
hearing and is affected by the decision or finding, may appeal to the Supreme Court.
(5) Section 229 (7) applies for the purposes of this section as it applies for the purposes
of that section.
Rules as to investigations and appeals
231. (1) The Minister may make rules for the conduct of formal investigations under section
229 and for the conduct of any rehearing under section 230 which is not held by the Supreme
Court.
(2) Without prejudice to the generality of subsection (1), rules under this section
may provide for the appointment and summoning of assessors, the manner in which any facts
may be proved, the persons allowed to appear, and the notices to be given to persons affected.
(3) Rules of court made for the purpose of re-hearings under section 230 which are held
by the Supreme Court, or of appeals to the Court of Appeal, may require the court, subject to
such exceptions, if any, as may be allowed by the rules, to hold such a re-hearing or hear such
an appeal with the assistance of one or more assessors.
Inquiries into and reports on deaths and injuries
Inquiries into deaths of crew members and others
232. (1) Subject to subsection (6), where —
(a) any person dies in a Bermuda ship or in a boat or liferaft from such a ship; or
(b) the master of or a seaman employed in such a ship dies in a country outside
Bermuda;
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an inquiry into the cause of the death shall be held by a superintendent or proper officer or such
other person as the Minister may appoint at the next port where the ship calls after the death or
at such other place as the Minister may direct.
(2) Subject to subsection (6), where it appears to the Minister that —
(a) in consequence of an injury sustained or a disease contracted by a person when
he was the master of or a seaman employed in a Bermuda ship, he ceased to be
employed in the ship and subsequently died; and
(b) the death occurred in a country outside Bermuda during the period of one year
beginning with the day on which he so ceased;
the Minister may arrange for an inquiry into the cause of the death to be held by a
superintendent or proper officer or such other person as the Minister may appoint.
(3) Subject to subsection (6), where it appears to the Minister that a person may —
(a) have died in a Bermuda ship or in a boat or life-raft from such a ship; or
(b) have been lost from such a ship, boat or life-raft and have died in consequence of
being so lost;
the Minister may arrange for an inquiry to be held by a superintendent or proper officer or such
other person as the Minister may appoint into whether the person died as mentioned and, if the
superintendent or officer or other person finds that he did, into the cause of the death.
(4) The superintendent or officer or other person holding the inquiry shall for the
purpose of the inquiry have the powers conferred on an inspector by section 220.
(5) The person holding the inquiry shall make a report of his findings to the Minister
who shall make the report available —
(a) if the person to whom the report relates was employed in the ship and a person
was named as his next of kin in the crew agreement or list of the crew in which
the name of the person to whom the report relates last appeared, to the person
so named;
(b) in any case, to any person requesting it who appears to the Minister to be
interested.
(6) No inquiry shall be held under this section where, in Bermuda, a coroner's inquest
is to be held.
Transmission of particulars of certain deaths on ships
233. Where —
(a) an inquest is held into a death or a post-mortem examination is made of a dead
body as a result of which the coroner is satisfied that an inquest is unnecessary;
and
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(b) it appears to the coroner that the death in question is such as is mentioned in
section 121(2),
it shall be the duty of the coroner to send to the Registrar particulars in respect of the deceased of
a kind prescribed by regulations made by the Minister.
PART XII
LEGAL PROCEEDINGS
Prosecution of offences
Time limit for summary offences
234. (1) Subject to subsections (2) and (3), no person shall be convicted of an offence under
this Act in summary proceedings unless —
(a) the proceedings were commenced within six months beginning with the date on
which the offence was committed; or
(b) in a case where the accused happens during that period to be out Bermuda, the
proceedings were commenced within two months after he first happens to arrive
within Bermuda and before the expiration of three years beginning with the date
on which the offence was committed.
(2) Nothing in subsection (1) shall apply in relation to any indictable offence.
(3) Subsection (1) shall not prevent a conviction for an offence in summary proceedings
begun before the expiration of three years beginning with the date on which the offence was
committed and before —
(a) the expiration of the period of six months beginning with the day when evidence
which the Minister considers is sufficient to justify a prosecution for the offence
came to his knowledge; or
(b) the expiration of two months beginning with the day when the accused was first
present in Bermuda after the expiration of the period mentioned in paragraph (a)
if throughout that period the accused was absent from Bermuda.
(4) For the purpose of subsection (3) —
(a) a certificate of the Minister stating that evidence came to his knowledge on a
particular day shall be conclusive evidence of that fact; and
(b) a document purporting to be a certificate of the Minister and to be signed on his
behalf shall be presumed to be such a certificate unless the contrary is proved.
Time limit for summary orders
235. No order for the payment of money shall be made under this Act in proceedings before a
magistrates' court unless —
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(a) the proceedings were commenced within six months beginning with the date on
which the matter of complaint arose; or
(b) in a case where both or either of the parties to the proceedings happen during
that period to be out of Bermuda, the proceedings were commenced within six
months after they both first happen to arrive, or to be at one time, within
Bermuda.
Offences by officers of bodies corporate
236. (1) Where a body corporate is guilty of an offence under this Act or any instrument
made under it, and that offence is proved to have been committed with the consent or connivance
of, or to be attributable to any neglect on the part of, a director, manager, secretary or other
similar officer of the body corporate or any person who was purporting to act in such a capacity,
he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded
against and punished accordingly.
(2) Where the affairs of a body corporate are managed by its members, subsection (1)
shall apply in relation to the acts and defaults of a member in connection with his functions of
management as if he were a director of the body corporate.
Jurisdiction
Jurisdiction in relation to offences
237. (1) For the purpose of conferring jurisdiction, any offence under this Act shall be
deemed to have been committed in any place in Bermuda where the offender may for the time
being be.
(2) For the same purpose, any matter of complaint under this Act shall be deemed to
have arisen in any place in Bermuda where the person complained against may for the time
being be.
(3) The jurisdiction under subsections (1) and (2) shall be in addition to and not in
derogation of any jurisdiction or power of a court under any other enactment.
Jurisdiction over ships lying off coast
238. (1) A court shall have jurisdiction as respects offences under this Act over any vessel
being on, or lying or passing off, the coast of Bermuda or being in or near a bay, channel, or
navigable water in Bermuda and over all persons on board that vessel or for the time being
belonging to it.
(2) The jurisdiction under subsection (1) shall be in addition to and not in derogation of
any jurisdiction or power of a court of summary jurisdiction under the Magistrates' Act 1948.
Jurisdiction in cases of offences on board ship
239. (1) Where any person is charged with having committed any offence under this Act then
—
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(a) if he is a British citizen or a British overseas territory citizen possessing
Bermudian status and is charged with having committed it —
(i) on board any Bermuda ship on the high seas;
(ii) in any foreign port or harbour; or
(iii) on board any foreign ship to which he does not belong; or
(b) if he is not a British citizen or a British overseas territory citizen possessing such
status and is charged with having committed it on board any Bermuda ship on
the high seas;
and he is found within the jurisdiction of any court in Bermuda which would have had
jurisdiction in relation to the offence if it had been committed on board a Bermuda ship within
the limits of its ordinary jurisdiction to try the offence that court shall have jurisdiction to try the
offence as if it had been so committed.
(2) In subsection (1) "Bermudian status" has the meaning given in the Bermuda
Immigration and Protections Act 1956.
Offences committed by Bermuda seamen
240. (1) Any act in relation to property or person done in or at any place (ashore or afloat)
outside Bermuda by any master or seaman who at the time is employed in a Bermuda ship,
which, if done in Bermuda, would be an offence under the law of Bermuda, shall —
(a) be an offence under that law; and
(b) be treated for the purposes of jurisdiction and trial, as if it had been done within
the jurisdiction of the competent court.
(2) Subsection (1) also applies in relation to a person who had been so employed within
the period of three months expiring with the time when the act was done.
(3) Subsections (1) and (2) apply to omissions as they apply to acts.
Return of offenders
Return of offenders
241. (1) The powers conferred on a British consular officer by subsection (2) are exercisable
in the event of any complaint being made to him —
(a) that any offence against property or persons has been committed at any place
(ashore or afloat) outside Bermuda by any master or seaman who at the time
when the offence was committed, or within three months before that time, was
employed in a Bermuda ship; or
(b) that any offence on the high seas has been committed by any master or seaman
belonging to any Bermuda ship.
(2) Those powers are —
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(a) to inquire into the case upon oath; and
(b) if the case so requires, to take any steps in his power for the purpose of placing
the offender under the necessary restraint and sending him by a Bermuda ship
as soon as practicable in safe custody to Bermuda for proceedings to be taken
against him.
(3) The consular officer may, subject to subsections (4) and (5), order the master of any
Bermuda ship bound for Bermuda to receive and carry the offender and the witnesses to
Bermuda; and the officer shall endorse upon the agreement of the ship such particulars with
respect to them as the Minister requires.
(4) A consular officer shall not exercise the power conferred by subsection (3) unless no
more convenient means of transport is available or it is available only at disproportionate
expense.
(5) No master of a ship may be required under subsection (3) to receive more than one
offender for every 100 tons of his ship's registered tonnage, or more than one witness for every 50
tons of his ship's registered tonnage.
(6) The master of any ship to whose charge an offender has been committed under
subsection (3) shall, on his ship's arrival in Bermuda, give the offender into the custody of a
police officer.
(7) If any master of a ship, when required under subsection (3) to receive and carry any
offender or witness in his ship —
(a) fails to do so; or
(b) in the case of an offender, fails to deliver him as required by subsection (6);
he shall be guilty of an offence and liable on summary conviction to a fine of $10,000.
(8) The expense of imprisoning any such offender and of carrying him and witnesses to
Bermuda otherwise than in the ship to which they respectively belong shall be paid out of money
provided by the Legislature.
(9) References in this section to carrying a person in a ship include affording him
subsistence during the voyage.
Detention of ship and distress on ship
Enforcing detention of ship
242. (1) Where under this Act a ship is to be or may be detained any of the following officers
may detain the ship —
(a) any commissioned naval or military officer;
(b) any officer of the Department of Maritime Administration who is authorised by
the Minister either generally or in a particular case, to exercise powers under this
section;
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(c) any officer of customs; and
(d) any British consular officer.
(2) A notice of detention may
(a) include a direction that the ship
(i) must remain in a particular place; or
(ii) must be moved to a particular anchorage or berth; and
(b) if it includes such a direction, may specify circumstances relating to safety or the
prevention of pollution in which the master may move his ship from that place,
anchorage or berth.
(3) If a ship as respects which notice of detention has been served on the master
proceeds to sea, otherwise than in accordance with such a notice, before it is released by a
competent authority, the master of the ship shall be guilty of an offence.
(4) If a ship as respects which notice of detention has been served on the master fails to
comply with a direction given under subsection (2)(a), the master of the ship shall be guilty of an
offence.
(5) A person guilty of an offence under subsection (3) or (4) shall be liable
(a) on summary conviction, to a fine of $100,000;
(b) on conviction on indictment, to a fine of $200,000.
(6) The owner of a ship, and any person who sends to sea a ship, as respects which an
offence is committed under subsection (3) or (4) shall, if party or privy to the offence, also be
guilty of an offence under that subsection and liable accordingly.
(7) Where a ship proceeding to sea in contravention of subsection (3) or failing to
comply with a direction given under subsection (2)(a) carries away without his consent any of the
following who is on board the ship in the execution of his duty, namely
(a) any officer authorised by subsection (1) to detain the ship; or
(b) any surveyor of ships;
the owner and master of the ship shall each
(i) be liable to pay all expenses of and incidental to the officer or surveyor
being so carried away; and
(ii) be guilty of an offence.
(8) A person guilty of an offence under subsection (7) shall be liable
(a) on summary conviction, to a fine of $10,000;
(b) on conviction on indictment, to a fine of $50,000.
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(9) Where under this Act a ship is to be detained an officer of customs shall, and where
under this Act a ship may be detained an officer of customs may, refuse to clear the ship
outwards or grant a transire to the ship.
(10) When any provision of this Act provides that a ship may be detained until any
document is produced to the proper officer of customs the officer able to grant a clearance or
transire of the ship is (unless the context otherwise requires) that officer.
(11) Any reference in this section to proceeding to sea includes a reference to going on a
voyage or excursion that does not involve going to sea, and references to sending or taking to sea
shall be construed accordingly
Sums ordered to be paid leviable by distress on the ship
243. (1) Where any court has power to make an order directing payment to be made of any
seaman's wages, fines or other sums of money, then, if the person directed to pay is the master
or owner of the ship and the money directed to be paid is not paid in accordance with the order,
the court who made the order may, direct the amount remaining unpaid to be levied by distress,
of the ship and its equipment.
(2) The remedy made available by this section is in addition to any other powers for
compelling the payment of money ordered to be paid.
Special evidential provisions
Depositions of persons abroad admissible
244. (1) If the evidence of any person is required in the course of any legal proceeding before
a judge or magistrate in relation to the subject matter of the proceeding and it is proved that that
person cannot be found in Bermuda, any deposition that he may have previously made at a place
outside Bermuda in relation to the same subject matter shall, subject to subsection (2), be
admissible in evidence in those proceedings.
(2) For a deposition to be admissible under subsection (1) in any proceedings, the
deposition —
(a) must have been taken on oath;
(b) must have been taken before a justice or magistrate in the United Kingdom, any
colony or a British consular officer in any other place;
(c) must be authenticated by the signature of the justice, magistrate or officer taking
it; and
(d) must, if the proceedings are criminal proceedings, have been taken in the
presence of the accused;
and, in a case falling within paragraph (d), the deposition shall be certified by the justice,
magistrate or officer taking it to have been taken in the presence of the accused.
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(3) No proof need be given of the signature or official character of the person appearing
to have signed any such deposition and, in any criminal proceedings, a certificate stating that the
deposition was taken in the presence of the accused shall, unless the contrary is proved, be
evidence of that fact.
(4) This section also applies to proceedings before any person authorised by law or
consent of the parties to receive evidence.
(5) Nothing in this section affects the admissibility in evidence of depositions under any
other enactment or the practice of any court.
Admissibility in evidence and inspection of certain documents
245. (1) The following documents shall be admissible in evidence and, when in the custody
of the Registrar, shall be open to public inspection —
(a) documents purporting to be submissions to or decisions by superintendents or
proper officers under section 46;
(b) the official log book of any ship kept under section 87 and, without prejudice to
section 246(2), any document purporting to be a copy of an entry therein and to
be certified as a true copy by the master of the ship;
(c) crew agreements, lists of crews made under section 88 and notices given under
Part V of additions to or changes in crew agreements and lists of crews;
(d) returns or reports under section 121;
(e) documents transmitted to the Registrar under section 13.
(2) A certificate issued under section 59 shall be admissible in evidence.
Admissibility of documents in evidence
246. (1) Where a document is by this Act declared to be admissible in evidence the document
shall, on its production from proper custody —
(a) be admissible in evidence in any court or before any person having by law or
consent of parties authority to receive evidence; and
(b) subject to all just exceptions, be evidence of the matters stated in the document.
(2) A copy of, or extract from, any document so made admissible in evidence shall,
subject to subsection (3), also be admissible in evidence and evidence of the matters stated in the
document.
(3) A copy of, or extract from, a document shall not be admissible by virtue of
subsection (2) unless —
(a) it is proved to be an examined copy or extract; or
(b) it purports to be signed and certified as a true copy or extract by the officer to
whose custody the original document was entrusted;
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and that officer shall furnish the certified copy or extract to any person who applies for it at a
reasonable time and pays the prescribed fee.
(4) A person shall, on payment of such fee, be entitled to have a certified copy of any
declaration or document a copy of which is made evidence by this Act.
(5) If any officer having duties of certification under subsection (3) in relation to any
document intentionally certifies any document as being a true copy or extract knowing that the
copy or extract is not a true copy or extract he shall be guilty of an offence and liable —
(a) on summary conviction, to a fine of $10,000 or to imprisonment for a term of six
months;
(b) on conviction on indictment, to a fine of $50,000 or to imprisonment for a term
of two years or both.
Inspection and admissibility in evidence of copies of certain documents
247. (1) Where under any enactment a document is open to public inspection when in the
custody of the Registrar —
(a) there may be supplied for public inspection a copy or other reproduction of the
document instead of the original; but
(b) the original shall nevertheless be made available for public inspection if the copy
or other reproduction is illegible.
(2) Where the Registrar destroys any document which has been sent to him under or by
virtue of any enactment, and keeps a copy or other reproduction of that document, then —
(a) any enactment providing for that document to be admissible in evidence or open
to public inspection; and
(b) in the case of a document falling within subsection (1), that subsection;
shall apply to the copy or other reproduction as if it were the original.
(3) For the purposes of this section, and of section 246(2) in its application to
documents in the custody of the Registrar, a copy is to be taken to be the copy of a document
notwithstanding that it is taken from a copy or other reproduction of the original.
Proof, etc. of exemptions
248. (1) Where any exception, exemption, excuse or qualification applies in relation to an
offence under this Act —
(a) it may be proved by the defendant; but
(b) need not be specified or negatived in any information or complaint;
and, if so specified or negatived, shall not require to be proved by the informant or complainant.
(2) This section applies in relation to an offence whether or not the exception,
exemption, excuse or qualification is contained in the section creating the offence.
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Service of documents
Service of documents
249. (1) Any document authorised or required to be served on any person may be served on
that person —
(a) by delivering it to him;
(b) by leaving it at his proper address; or
(c) by sending it by post to him at his proper address.
(2) Any such document required to be served on the master of a ship may be served —
(a) where there is a master, by leaving it for him on board the ship with the person
appearing to be in command or charge of the ship;
(b) where there is no master, on —
(i) the managing owner of the ship; or
(ii) if there is no managing owner, on any agent of the owner; or
(iii) where no such agent is known or can be found, by leaving a copy of the
document fixed to the mast of the ship.
(3) Any document authorised or required to be served on any person may —
(a) in the case of a body corporate, be served on the secretary or clerk of that body;
(b) in the case of a partnership, be served on a partner or a person having the
control or management of the partnership business.
(4) Any notice authorised or required by or under Part IV to be served on the Minister
may be served by post.
(5) Any notice authorised by section 222, 223, 224 or 225 to be given to an inspector
may be given by delivering it to him or by leaving it at, or sending it by post to, his office.
(6) Any document authorised or required by or under any enactment to be served on
the registered owner of a Bermuda ship shall be treated as duly served on him if served on such
persons, in such circumstances and by such method, as may be specified in registration
regulations.
(7) For the purposes of this section the proper address of any person on whom any
document is to be served shall be his last known address, except that —
(a) in the case of a body corporate or their secretary or clerk it shall be the address
of the registered or principal office of that body;
(b) in the case of a partnership or a person having the control or management of the
partnership business, it shall be the principal office of the partnership;
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and for the purposes of this subsection the principal office of a company registered outside
Bermuda or of a partnership carrying on business outside Bermuda shall be their principal office
in Bermuda.
(8) If the person to be served with any notice has (whether in pursuance of registration
regulations or otherwise) specified an address in Bermuda other than his proper address within
the meaning of subsection (7) as the one at which he or someone on his behalf will accept notices
of the same description as that notice, that address shall also be treated for the purposes of this
section as his proper address.
PART XIII
SUPPLEMENTAL
Financial Provisions
Fees
250. (1) The Minister may make regulations prescribing the fees to be paid in respect of the
performance of any function under this Act by a public officer and for the inspection of any
register or records required to be kept by a public officer thereunder.
(2) Fees prescribed under subsection (1) shall be paid into the Consolidated Fund of
Bermuda and any provision of this Act
(a) authorizing any person to fix or determine any fee, shall be construed as
authorizing the Minister to prescribe that fee under subsection (1);
(b) requiring the payment of any fee into any fund, shall be construed as requiring
payment of that fee into the Consolidated Fund of Bermuda.
(3) In this section the performance of a function includes the registration of any ship,
the grant of any clearance, licence, certificate, permit or other document and the performance of
services or surveys.
Registration and tonnage fees
Registration fee
251. (1) There shall be charged, levied and collected on the initial registration of a ship or
re-registration or renewal of registration of a ship or on the issuance of a provisional certificate of
registry of a ship entered on the register a fee at the applicable rate specified in Schedule 8.
(2) The Registrar shall not register, re-register, or renew the registration, as the case
may be, unless the fee specified in respect thereof has been paid.
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Tonnage Fee
252. (1) Subject to subsection (3), there shall be charged, levied and collected on every
registered ship an annual tonnage fee at the applicable rate specified in Schedule 8.
(2) The tonnage fee shall be payable to the Registrar on or before 1 April in each year.
(3) Notwithstanding subsection (1), where a ship is registered after 1 April in any year
the tonnage fee payable shall be, in respect of each month or part thereof, beginning with the
date of registration and ending on 31 March of the next ensuing year, one-twelfth of the annual
tonnage fee.
(4) Where —
(a) the tonnage fee has been paid in respect of a ship for any year; and
(b) it is shown to the satisfaction of the Minister that the ship has been laid up for a
period exceeding three consecutive months in that year;
the Minister shall cause to be made to the owner of the ship, a refund of one-twelfth the annual
tonnage fee in respect of each month during which the ship was so laid up.
(5) For the purposes of subsections (3) and (4), the expression "ship" does not include a
yacht.
(6) The Minister may, by order amend the fees set out in Schedule 8.
(7) An order made under this section is subject to affirmative resolution procedure.
(8) The Crown may recover unpaid tonnage fees as a debt owing to the Crown; and such
unpaid fees shall constitute a maritime lien on the ship second only to liens for wages and
salvage.
Expenses charged on money provided by Legislature
253. Any expenses incurred by the Minister under this Act shall be defrayed out of moneys
provided by the Legislature.
Subordinate Legislation
Regulations, rules and orders, etc.
254. (1) Except where otherwise provided, regulations, orders or rules under this Act shall be
subject to negative resolution procedure.
(2) Before making the following orders or regulations, namely
(a) an order under section 6;
(b) regulations under Part V or under section 121 or 125;
the Minister shall consult with organisations in Bermuda appearing to him representative of
persons who will be affected by the orders or regulations.
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(3) Any direction, notice, order or authorisation under this Act given or made by the
Minister shall be in writing.
(4) Any power to give a direction includes power to vary or revoke the direction by a
subsequent direction.
Final provisions
Repeals consequential amendments and transitional provisions
255. (1) The enactments specified in Schedule 9 shall, subject to subsection (3), be repealed
to the extent specified in the second column of that Schedule.
(2) The enactments specified in Schedule 10 shall have effect subject to the
amendments specified in that Schedule.
(3) The saving and transitional provisions in Schedule 11 shall have effect.
(4) The Minister may by order amend any enactment relating to merchant shipping or
otherwise as he thinks fit in consequence of this Act.
(5) An order made under this section is subject to affirmative resolution procedure.
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SCHEDULES
SCHEDULE 1
(Section 30)
PRIVATE LAW PROVISIONS FOR REGISTERED SHIPS
General
1. (1) Subject to any rights and powers appearing from the register to be vested in any
other person, the registered owner of a ship or of a share in a ship shall have power absolutely to
dispose of it provided the disposal is made in accordance with this Schedule and registration
regulations.
(2) Subparagraph (1) does not imply that interests arising under contract or other
equitable interests cannot subsist in relation to a ship or a share in a ship; and such interests
may be enforced by or against owners and mortgagees of ships in respect of their interest in the
ship or share in the same manner as in respect of any other personal property.
(3) The registered owner of a ship or of a share in a ship shall have power to give
effectual receipts for any money paid or advanced by way of consideration on any disposal of the
ship or share.
Transfers etc. of registered ships
2. (1) Any transfer of a registered ship, or a share in such a ship, shall be effected by a bill
of sale satisfying the prescribed requirements, unless the transfer will result in the ship ceasing
to have a Bermuda connection.
(2) Where any such ship or share has been transferred in accordance with
subparagraph (1), the transferee shall not be registered as owner of the ship or share unless —
(a) he has made the prescribed application to the Registrar; and
(b) the Registrar is satisfied that the ship retains a Bermuda connection and that he
would not refuse to register the ship.
(3) If an application under subparagraph (2) is granted by the Registrar, the Registrar
shall register the bill of sale in the prescribed manner.
(4) Bills of sale shall be registered in the order in which they are produced to the
Registrar for the purposes of registration.
3. (1) Where a registered ship, or a share in a registered ship, is transmitted to any person
by any lawful means other than a transfer under paragraph 2 and the ship continues to have a
Bermuda connection, that person shall not be registered as owner of the ship or share unless —
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(a) he has made the prescribed application to the Registrar; and
(b) the Registrar is satisfied that the ship retains a Bermuda connection and that he
would not refuse to register the ship.
(2) If an application under subparagraph (1) is granted by the Registrar, the Registrar
shall cause the applicant's name to be registered as owner of the ship or share.
4. (1) Where the property in a registered ship or share in a registered ship is transmitted
to any person by any lawful means other than a transfer under paragraph 2, but as a result the
ship no longer has a Bermuda connection, the Supreme Court may, on application by or on
behalf of that person, order a sale of the property so transmitted and direct that the proceeds of
sale, after deducting the expenses of the sale, shall be paid to that person or otherwise as the
court direct.
(2) The court may require any evidence in support of the application it thinks requisite,
and may make the order on any terms and conditions it thinks just, or may refuse to make the
order, and generally may act in the case as the justice of the case requires.
(3) Every such application must be made within the period of 28 days beginning with
the date of the occurrence of the event on which the transmission has taken place, or within such
further time (not exceeding one year) as the court may allow.
(4) If —
(a) such an application is not made within the time allowed by or under
subparagraph (3); or
(b) the court refuses an order for sale;
the ship or share transmitted shall be liable to forfeiture.
5. (1) Where any court (whether under paragraph 4 or otherwise) orders the sale of any
registered ship or share in a registered ship, the order of the court shall contain a declaration
vesting in some named person the right to transfer the ship or share.
(2) The person so named shall be entitled to transfer the ship or share in the same
manner and to the same extent as if he were the registered owner of the ship or share.
(3) The Registrar shall deal with any application relating to the transfer of the ship or
share made by the person so named as if that person were the registered owner.
6. (1) The Supreme Court may, if it thinks fit (without prejudice to the exercise of any
other power), on the application of any interested person, make an order prohibiting for a
specified time any dealing with a registered ship or share in a registered ship.
(2) The court may make the order on any terms or conditions it thinks just, or may
refuse to make the order, or may discharge the order when made (with or without costs) and
generally may act in the case as the justice of the case requires.
(3) The order, when a copy is served on the Registrar, shall be binding on him whether
or not he was made a party to the proceedings.
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Mortgages of registered ships
7. (1) A registered ship, or share in a registered ship, may be made a security for the
repayment of a loan or the discharge of any other obligation.
(2) The instrument creating any such security (referred to in the following provisions of
this Schedule as a "mortgage") shall be in the form prescribed by or approved under registration
regulations.
(3) Where a mortgage executed in accordance with subparagraph (2) is produced to the
Registrar, he shall register the mortgage in the prescribed manner.
(4) Mortgages shall be registered in the order in which they are produced to the
Registrar for the purposes of registration.
Priority of registered mortgages
8. (1) Where two or more mortgages are registered in respect of the same ship or share,
the priority of the mortgagees between themselves shall, subject to subparagraph (2), be
determined by the order in which the mortgages were registered (and not by reference to any
other matter).
(2) Registration regulations may provide for the giving to the Registrar by intending
mortgagees of "priority notices" in a form prescribed by or approved under the regulations which,
when recorded in the register, determine the priority of the interest to which the notice relates.
Registered mortgagee’s power of sale
9. (1) Subject to subparagraph (2), every registered mortgagee shall have power, if the
mortgage money or any part of it is due, to sell the ship or share in respect of which he is
registered, and to give effectual receipts for the purchase money.
(2) Where two or more mortgagees are registered in respect of the same ship or share, a
subsequent mortgagee shall not, except under an order of a court of competent jurisdiction, sell
the ship or share without the concurrence of every prior mortgagee.
Protection of registered mortgagees
10. Where a ship or share is subject to a registered mortgage then —
(a) except so far as may be necessary for making the ship or share available as a
security for the mortgage debt, the mortgagee shall not by reason of the mortgage
be treated as owner of the ship or share; and
(b) the mortgagor shall be treated as not having ceased to be owner of the ship or
share.
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Transfer of registered mortgage
11. (1) A registered mortgage may be transferred by an instrument made in the form
prescribed by or approved under registration regulations.
(2) Where any such instrument is produced to the Registrar, the Registrar shall register
the transferee in the prescribed manner.
Transmission of registered mortgage by operation of law
12. Where the interest of a mortgagee in a registered mortgage is transmitted to any person
by any lawful means other than by a transfer under paragraph 11, the Registrar shall, on
production of the prescribed evidence, cause the name of that person to be entered in the register
as mortgagee of the ship or share in question.
Discharge of registered mortgage
13. Where a registered mortgage has been discharged, the Registrar shall, on production of
the mortgage deed and such evidence of the discharge of the mortgage as may be prescribed,
cause an entry to be made in the register to the effect that the mortgage has been discharged.
Definitions
14. In this Schedule —
"mortgage" shall be construed in accordance with paragraph 7(2);
“prescribed" means prescribed in registration regulations; and
"registered mortgage" means a mortgage registered under paragraph 7(3).
SCHEDULE 2
(Section 96)
REGULATIONS RELATING TO SUBMERSIBLE AND SUPPORTING APPARATUS
1. (1) In this Schedule "regulations" means regulations made under section 96 and
"prescribed" means prescribed by regulations.
(2) Nothing in this Schedule shall be taken to prejudice the generality of section 96.
Registration of submersible apparatus
2. Regulations made by virtue of section 96(2)(e) of this Act may provide —
(a) for all matters relevant to the maintenance of a register of submersible
apparatus;
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(b) without prejudice to subparagraph (a), for the period for which any registration
or exemption is to remain effective without renewal, the alteration or cancellation
in any prescribed circumstances of registration or exemption or of any conditions
attached thereto, the person by whom and manner in which applications in
connection with any registration or exemption are to be made, and information
and evidence to be furnished in connection with any such application;
(c) for the marking or other means of identification of any submersible apparatus;
(d) for the issue of certificates of registration or exemption, and the custody,
surrender, production or display of the certificates or copies of them;
(e) for matters arising out of the termination of any registration or exemption, or any
conditions attached thereto.
Offences
3. (1) Subject to subparagraph (2), regulations —
(a) may provide for the creation of offences and for their punishment on summary
conviction or on conviction on indictment; and
(b) may afford, in respect of any description of offence created by the regulations,
such defence (if any) as may be prescribed.
(2) The punishment for an offence created by regulations shall be —
(a) on summary conviction, a fine of $10,000;
(b) on conviction on indictment, a fine of $50,000 or to imprisonment for a term of
two years, or both,
but without prejudice to any further restriction contained in the regulations on the punishments
which can be awarded and without prejudice to the exclusion by the regulations of proceedings
on indictment.
Exemptions from regulations
4. (1) The operation of any regulations may be excluded in whole or in part in relation to
any class or description of submersible or supporting apparatus by regulations, or in relation to
any particular apparatus by the direction of the Minister given in such manner as he thinks
appropriate.
(2) Any exemption or exclusion by regulations or by directions of the Minister under
this paragraph may be made subject to the imposition of conditions specified by the regulations
or directions.
(3) Where, in pursuance of this paragraph, a person is exempted or excluded from the
requirements of the provisions of regulations but subject to a condition, and the condition is not
observed, the exemption or exclusion shall not have effect, and accordingly proceedings may be
brought in respect of any offence created by the regulations.
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General
5. Regulations —
(a) may provide for their operation anywhere outside Bermuda and for their
application to persons, whether or not Commonwealth citizens, and to
companies, whether or not incorporated in Bermuda;
(b) may provide that in any proceedings for an offence under the regulations (other
than proceedings to which subparagraph (c) applies) an averment in any process
of the fact that anything was done or situated within Bermuda waters shall, until
the contrary is proved, be sufficient evidence of that fact as stated in the
averment;
(c) may provide that proceedings for an offence under the regulations may be taken,
and the offence be treated for all incidental purposes as having been committed,
in any place in Bermuda;
(d) may provide for any provisions of Part XI relating to inquiries and investigations
into marine accidents to apply (with such modifications as may be specified) in
relation to accidents involving any submersible apparatus which is not a ship as
they apply to ships;
(e) may provide that specified provisions of any enactment (other than section 96
and this Schedule) shall, in such circumstances as may be prescribed, not have
effect in relation to such class or description of, or to such particular,
submersible or supporting apparatus as may be prescribed;
(f) may make different provision for different classes or descriptions of submersible
or supporting apparatus and for different circumstances;
(g) may contain such supplemental and incidental provisions as appear to the
Minister to be expedient.
SCHEDULE 3
(Section 97)
LOAD LINES
GENERAL PROVISIONS
Ships to which Schedule applies
1. This Schedule applies to all ships except —
(a) ships of war;
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(b) pleasure yachts.
Loadline rules
2. (1) The Minister shall make rules in accordance with the following provisions of this
Schedule (referred to as "the load line rules"); and in making those rules the Minister shall have
regard in particular to the Convention of 1966.
(2) The load line rules shall provide —
(a) for the surveying and periodical inspection of ships to which this Schedule
applies;
(b) for determining freeboards to be assigned from time to time to such ships;
(c) for determining, in relation to any such ship, the deck which is to be taken to be
the freeboard deck of the ship, and for requiring the position of that deck to be
indicated on each side of the ship by a mark of a description prescribed by the
rules; and
(d) for determining, by reference to that mark and the freeboards for the time being
assigned to any such ship, the positions in which each side of the ship is to be
marked with lines of a description prescribed by the rules, indicating the various
maximum depths to which the ship may be loaded in circumstances prescribed
by the rules.
(3) The load line rules shall include the following provisions —
(a) provisions specifying such requirements in respect of the hulls, superstructures,
fittings and appliances of ships to which this Schedule applies as appear to the
Minister to be relevant to the assignment of freeboards to such ships;
(b) provisions whereby, at the time when freeboards are assigned to a ship in
accordance with the load line rules, such particulars relating to those
requirements as may be determined in accordance with the rules are to be
recorded in such manner as may be so determined; and
(c) provisions for determining by reference to those requirements and that record
whether, at any time after freeboards have been so assigned to a ship and while
they continue to be so assigned, the ship is for the purposes of this Schedule to
be taken to comply, or not to comply, with the conditions of assignment;
and those provisions shall be set out separately in the load line rules under the title of "rules as
to conditions of assignment".
(4) The load line rules shall also include provisions requiring such information relating
to the stability of any ship to which freeboards are assigned thereunder, and such information
relating to the loading and ballasting of any such ship, as may be determined in accordance with
the rules to be provided for the guidance of the master of the ship in such manner as may be so
determined.
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(5) In relation to any matter authorised or required by this Schedule to be prescribed by
the load line rules, those rules may make different provision by reference to (or to any
combination of) any of the following, that is to say, different descriptions of ships, different areas,
different seasons of the year and any other different circumstances.
(6) Except in so far as the context otherwise requires, in this Schedule "deck-line"
means such a mark as is referred to in subparagraph (2)(c), and "load lines" means such lines as
are referred to in subparagraph (2)(d).
BERMUDA SHIPS
Compliance with load line rules
3. (1) Subject to any exemption conferred by or under this Schedule, no Bermuda ship to
which this Schedule applies shall proceed or attempt to proceed to sea unless —
(a) the ship has been surveyed in accordance with the load line rules;
(b) the ship is marked with a deck-line and with load lines in accordance with those
rules;
(c) the ship complies with the conditions of assignment; and
(d) the information required by those rules to be provided as mentioned in
paragraph 2(4) is provided for the guidance of the master of the ship in the
manner determined in accordance with the rules.
(2) If any ship proceeds or attempts to proceed to sea in contravention of subparagraph
(1), the owner or master of the ship shall be guilty of an offence and liable —
(a) on summary conviction, to a fine of $10,000;
(b) on conviction on indictment, to a fine of $50,000.
(3) Any ship which in contravention of subparagraph (1) proceeds or attempts to
proceed to sea without being surveyed and marked as mentioned in subparagraphs (1)(a) and (b)
and which is in Bermuda waters may be detained until it has been so surveyed and marked.
(4) Any such ship as is mentioned in subparagraph (1) which does not comply with the
conditions of assignment shall be deemed to be dangerously unsafe for the purposes of sections
103, 104 and 105.
Submersion of load lines
4. (1) Where a Bermuda ship to which this Schedule applies is marked with load lines, the
ship shall not be so loaded that —
(a) if the ship is in salt water and has no list, the appropriate load line on each side
of the ship is submerged; or
(b) in any other case, the appropriate load line on each side of the ship would be
submerged if the ship were in salt water and had no list.
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(2) If any ship is loaded in contravention of subparagraph (1), the owner or master of
the ship shall (subject to subparagraph (5)) be guilty of an offence and liable —
(a) on summary conviction, to a fine of $10,000 and to such additional fine, not
exceeding an amount calculated in accordance with subparagraph (3), as the
court thinks fit to impose, having regard to the extent to which the earning
capacity of the ship was increased by reason of the contravention;
(b) on conviction on indictment, to a fine of $50,000.
(3) Any additional fine imposed under subparagraph (2)(a) shall not exceed $2,000 for
each complete centimetre by which —
(a) in a case falling within subparagraph (1)(a), the appropriate load line on each
side of the ship was submerged; or
(b) in a case falling within subparagraph (1)(b), the appropriate load line on each
side of the ship would have been submerged as therein mentioned.
(4) If the master of a ship takes the ship to sea when it is loaded in contravention of
subparagraph (1), or if any other person, having reason to believe that the ship is so loaded,
sends or is party to sending the ship to sea when it is loaded in contravention of that
subparagraph, then (without prejudice to any fine to which he may be guilty of an offence and
liable in respect of an offence under subparagraph (2) ) he shall commit an offence and shall be
liable —
(a) on summary conviction, to a fine of $10,000;
(b) on conviction on indictment, to a fine of $50,000.
(5) Where a person is charged with an offence under subparagraph (2), it shall be a
defence to prove that the contravention was due solely to deviation or delay and that the deviation
or delay was caused solely by stress of weather or other circumstances which neither the master
nor the owner nor the charterer (if any) could have prevented or forestalled.
(6) Without prejudice to any proceedings under the preceding provisions of this
paragraph, any ship which is loaded in contravention of subparagraph (1) may be detained until
it ceases to be so loaded.
(7) For the purposes of the application of this paragraph to a ship in any circumstances
prescribed by the load line rules in accordance with paragraph 2(2)(d) , "the appropriate load line"
means the load line which, in accordance with those rules, indicates the maximum depth to
which the ship may be loaded in salt water in those circumstances.
Miscellaneous offences in relation to marks
5. Where a Bermuda ship to which this Schedule applies is marked in accordance with any
requirements as to marking imposed by or under this Schedule, then if —
(a) the owner or master of the ship fails without reasonable excuse to keep the ship
so marked; or
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(b) any person conceals, removes, alters, defaces or obliterates, or causes or permits
any person under his control to conceal, remove, alter, deface or obliterate, any
mark with which the ship is so marked, except where he does so under the
authority of a person empowered under the load line rules to authorise him for
that purpose;
he shall be guilty of an offence and liable on summary conviction to a fine of $10,000.
Issue of load line certificates
6. (1) Where a Bermuda ship to which this Schedule applies has been surveyed and
marked in accordance with the load line rules, the appropriate certificate shall be issued to the
owner of the ship on his application.
(2) For the purposes of this paragraph the appropriate certificate —
(a) in the case of a pre-1966 Convention ship of not less than 150 tons gross
tonnage, and in the case of a post- 1966 Convention ship of not less than 24
metres in length, is a certificate which shall continue to be called an
"International Load Line Certificate (1966)"; and
(b) in the case of any other ship, is a certificate which shall continue to be called a
"Bermuda load line certificate".
(3) Subject to subparagraph (4), any certificate required by subparagraph (1) to be
issued —
(a) shall be issued by the Minister or by a person authorised for that purpose by the
Minister; and
(b) shall be in such form, and shall be issued in such manner, as may be prescribed
by the load line rules.
(4) The Minister may request a Contracting Government, other than Her Majesty's
Government in Bermuda , to issue an International Load Line Certificate (1966) in respect of any
ship to which this Schedule applies which is a Bermuda ship falling within subparagraph (2)(a) ;
and the following provisions of this Schedule shall have effect in relation to such a certificate so
issued, which contains a statement that it has been issued at the request of Her Majesty's
Government in Bermuda, as they have effect in relation to an International Load Line Certificate
(1966) issued by the Minister.
Effect of load line certificate
7. (1) Where a certificate, issued in pursuance of paragraph 6 and for the time being in
force, is produced in respect of the ship to which the certificate relates —
(a) the ship shall be deemed to have been surveyed in accordance with the load line
rules; and
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(b) if lines are marked on the ship corresponding in number and description to the
deck-line and load lines as required by the load line rules, and the positions of
those lines so marked correspond to the positions of the deck-line and load lines
so specified in the certificate, the ship shall be deemed to be marked as required
by those rules.
Duration, endorsement and cancellation of load line certificates
8. (1) The load line rules shall provide for determining the period during which any
certificate issued under paragraph 6 is to remain in force, including —
(a) provision enabling the period for which any such certificate is originally issued to
be extended within such limits and in such circumstances as may be prescribed
by the rules; and
(b) provision for cancelling any such certificate in such circumstances as may be so
prescribed.
(2) While any such certificate is in force in respect of a ship, there shall be endorsed on
the certificate such information relating to —
(a) periodical inspections of the ship in accordance with the load line rules; and
(b) any extension of the period for which the certificate was issued;
as may be prescribed by the rules.
Ships not to proceed to sea without load line certificate
9. (1) Subject to any exemption conferred by or under this Schedule, no Bermuda ship to
which this Schedule applies shall proceed or attempt to proceed to sea unless the appropriate
certificate is in force in respect of the ship.
(2) Before any such ship proceeds to sea, the master of the ship shall produce the
appropriate certificate to the officer of customs from whom a clearance for the ship is demanded;
and a clearance shall not be granted, and the ship may be detained, until the appropriate
certificate is so produced.
(3) If any ship proceeds or attempts to proceed to sea in contravention of this
paragraph, the master of the ship shall be guilty of an offence and liable —
(a) on summary conviction, to a fine of $10,000;
(b) on conviction on indictment, to a fine of $50,000.
(4) In this paragraph "the appropriate certificate" means the certificate which is the
appropriate certificate for the purposes of paragraph 6 .
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Publication of load line certificate and entry of particulars in official log book
10. (1) Where a certificate is issued in respect of a ship under paragraph 6 the owner of the
ship shall forthwith on receipt of the certificate cause it to be framed and posted up in some
conspicuous place on board the ship, and shall cause it to be kept so framed and posted up and
legible so long as the certificate remains in force and the ship is in use.
(2) Before any Bermuda ship to which this Schedule applies leaves any dock, wharf,
harbour or other place for the purpose of proceeding to sea, the master of the ship, subject to
subparagraph (4), shall cause a notice to be posted up in some conspicuous place on board the
ship, which shall be in such form and containing such particulars relating to the depth to which
the ship is for the time being loaded as may be specified in regulations made by the Minister
under this Schedule.
(3) Where a notice required by subparagraph (2) has been posted up, the master of the
ship shall cause it to be kept posted up and legible as required by that subparagraph until the
ship arrives at some other dock, wharf, harbour or place.
(4) The regulations may exempt ships employed in trading or going between places in
the limited European trading area, or any class of such ships specified in the regulations, from
the requirements as to notices contained in subparagraph (2) .
(5) If the owner or master of a ship fails to comply with any requirement imposed on
him by the preceding provisions of this paragraph, he shall be guilty of an offence and liable on
summary conviction to a fine of $2,000.
(6) In this paragraph "the limited European trading area" has the same meaning as in
regulations under section 59.
Inspection of ships
11. A ship surveyor or engineer surveyor may inspect any Bermuda ship to which this
Schedule applies for the purpose of seeing that the provisions of this Schedule have been
complied with in respect of the ship.
NON-BERMUDA SHIPS
Valid Convention certificates
12. (1) This paragraph applies to any non-Bermuda ship to which this Schedule applies
which —
(a) is registered in a Convention country or, not being registered in any such country
or elsewhere, flies the flag of a Convention country; and
(b) is either a pre-1966 Convention ship of not less than 150 tons gross tonnage or a
post-1966 Convention ship of not less than 24 metres in length.
(2) The Minister may, at the request of the Government of the parent country of a ship
to which this paragraph applies, issue in respect of the ship a certificate in such form as may be
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prescribed by the load line rules, if the Minister is satisfied that he could properly issue a
certificate in respect of the ship under paragraph 6(l) if the ship were a Bermuda ship.
(3) The load line rules shall make such provision as appears to the Minister to be
appropriate for securing that certificates which are issued as International Load Line Certificates
(1966) in respect of ships to which this paragraph applies, and are so issued by Governments
other than Her Majesty's Government in Bermuda, shall be recognised for the purposes of this
Schedule in such circumstances as may be prescribed by the rules.
(4) Certificates issued as mentioned in subparagraph (2) or (3) shall be included among
the certificates called "International Load Line Certificates (1966)".
(5) In this Schedule "valid Convention certificate" means a certificate which either —
(a) has been issued under subparagraph (2) and is for the time being in force; or
(b) having been issued as mentioned in subparagraph (3), is produced in
circumstances in which it is required by the load line rules to be recognised for
the purposes of this Schedule.
Compliance with load line rules
13. (1) Subject to subparagraph (2), and to any exemption conferred by or under this
Schedule, no non-Bermuda ship to which this Schedule applies shall proceed or attempt to
proceed to sea from any port in Bermuda unless —
(a) the ship has been surveyed in accordance with the load line rules;
(b) the ship is marked with a deck-line and with load lines in accordance with those
rules;
(c) the ship complies with the conditions of assignment; and
(d) the information required by those rules to be provided as mentioned in
paragraph 2(4) is provided for the guidance of the master of the ship in the
manner determined in accordance with the rules.
(2) subparagraph (1) does not apply to a ship in respect of which a valid Convention
certificate is produced.
(3) If any ship proceeds or attempts to proceed to sea in contravention of the preceding
provisions of this paragraph, the owner or master of the ship shall be guilty of an offence and
liable —
(a) on summary conviction, to a fine of $10,000;
(b) on conviction on indictment, to a fine of $50,000.
(4) Any ship which in contravention of this paragraph proceeds or attempts to proceed
to sea without being surveyed and marked as mentioned in subparagraphs (1)(a) and (b) and
which is in Bermuda waters may be detained until it has been so surveyed and marked.
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(5) The power of detention conferred by subparagraph (4) is not exercisable in relation
to a qualifying foreign ship while the ship is exercising the right of innocent passage.
(6) If any such ship as is mentioned in subparagraph (1), not being a ship in respect of
which a valid Convention certificate is produced, does not comply with the conditions of
assignment it shall be deemed to be dangerously unsafe for the purposes of sections 103, 104
and 105.
Submersion of load lines
14. (1) Where a non-Bermuda ship to which this Schedule applies is within any port in
Bermuda, and is marked with load lines, the ship shall not be so loaded that —
(a) if the ship is in salt water and has no list, the appropriate load line on each side
of the ship is submerged; or
(b) in any other case, the appropriate load line on each side of the ship would be
submerged if the ship were in salt water and had no list.
(2) Subparagraphs (2), (3), (5) and (6) of paragraph 4 shall have effect for the purposes
of this paragraph as if any reference in those subparagraphs to subparagraph (1) of that
paragraph, or to subparagraph (1)(a) or (b) of that paragraph, were a reference to subparagraph
(1), or (as the case may be) to the corresponding provision of subparagraph (1) of this paragraph,
subject, however, to subparagraph (3).
(3) In the case of a ship to which paragraph 12 applies, the ship shall not be detained,
and no proceedings shall be brought by virtue of subparagraph (2), unless the ship has been
inspected by a ship surveyor or engineer surveyor in pursuance of paragraph 17.
(4) In relation to a ship in respect of which a valid Convention certificate is produced,
"load line" in subparagraph (1) means a line marked on the ship in the position of a load line
specified in that certificate; and for the purposes of the application of the relevant provisions to
such a ship in any circumstances for which a particular load line is specified in the certificate,
the "appropriate load line" means the load line which, in accordance with the certificate, indicates
the maximum depth to which the ship may be loaded in salt water in those circumstances.
(5) Where a valid Convention certificate is not produced in respect of a ship, then, for
the purposes of the application of the relevant provisions to that ship in any circumstances
prescribed by the load line rules in accordance with paragraph 2(2)(d), "the appropriate load line"
means the load line which, in accordance with those rules, indicates the maximum depth to
which the ship may be loaded in salt water in those circumstances.
(6) In subparagraphs (4) and (5) "the relevant provisions" means the provisions of
subparagraph (1) and any provisions of paragraph 4 as applied by subparagraph (2).
Bermuda load line certificates
15. (1) Where a non-Bermuda ship to which this Schedule applies has been surveyed and
marked in accordance with the load line rules, then on the application of the owner of the ship a
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Bermuda load line certificate shall be issued to him by the Minister or by a person authorised for
the purpose by the Minister.
(2) Subject to subparagraph (3), paragraphs 7 and 8 shall have effect in relation to a
certificate issued under subparagraph (1) as they have effect in relation to a certificate issued
under paragraph 6.
(3) Any certificate issued under subparagraph (1) in respect of a ship to which
paragraph 12 applies shall be valid only so long as the ship is not plying on international
voyages, and shall be cancelled by the Minister if he has reason to believe that the ship is plying
on international voyages.
Production of certificate to customs officer
16. (1) Subject to any exemption conferred by or under this Schedule, before a non-
Bermuda ship to which this Schedule applies proceeds to sea from any port in Bermuda, the
master of the ship shall produce the appropriate certificate to the officer of customs from whom a
clearance for the ship is demanded; and a clearance shall not be granted, and the ship may be
detained, until the appropriate certificate is so produced.
(2) For the purposes of this paragraph the appropriate certificate —
(a) in the case of a ship to which paragraph 12 applies, where a clearance for the
ship is demanded in respect of an international voyage, is a valid Convention
certificate;
(b) in the case of any such ship, where a clearance for the ship is demanded in
respect of any other voyage, is either a valid Convention certificate or a Bermuda
load line certificate for the time being in force in respect of the ship; and
(c) in any other case, is a Bermuda load line certificate for the time being in force in
respect of the ship.
Provisions as to inspection
17. (1) Subject to the following provisions of this paragraph, a ship surveyor or engineer
surveyor may inspect any non-Bermuda ship to which this Schedule applies while the ship is
within any port in Bermuda.
(2) Any such surveyor may go on board any ship to which paragraph 12 applies, while
the ship is within any port in Bermuda, for the purpose of demanding production of any
International Load Line Certificate (1966) or Bermuda load line certificate for the time being in
force in respect of the ship.
(3) If on any such demand a valid Convention certificate is produced to the surveyor in
respect of the ship, the powers of the surveyor under subparagraph (1) shall be limited to seeing
—
(a) that the ship is not loaded beyond the limits allowed by the certificate;
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(b) that lines are marked on the ship in the positions of the load lines specified in
the certificate;
(c) that no material alterations have taken place in the hull or superstructures of the
ship which affect the position in which any of those lines ought to be marked;
and
(d) that the fittings and appliances for the protection of openings, the guard rails,
the freeing ports and the means of access to the crew's quarters have been
maintained on the ship in as effective a condition as they were in when the
certificate was issued.
(4) If on an inspection of a ship under this paragraph the ship is found to have been so
materially altered in respect of the matters referred to in subparagraph (3)(c) or (d) that the ship
is manifestly unfit to proceed to sea without danger to human life, it shall be deemed to be
dangerously unsafe for the purposes of sections 103, 104 and 105.
(5) Where a ship is detained under the provisions of this Act as applied by
subparagraph (4), the Minister shall order the ship to be released as soon as he is satisfied that
the ship is fit to proceed to sea without danger to human life.
EXEMPTIONS
Power to make exemption orders
18. (1) If in the opinion of the Minister the sheltered nature and conditions of international
voyages —
(a) between near neighbouring ports in Bermuda and in another Convention
country; or
(b) between near neighbouring ports in any two or more countries or territories
outside Bermuda;
make it unreasonable or impracticable to apply the provisions of this Schedule to ships plying on
such voyages, and the Minister is satisfied that the Government of the other country (or, as the
case may be, of each of the other countries) concurs in that opinion, the Minister may by order
specifying those ports direct that ships plying on international voyages between those ports, or
any class of such ships specified in the order, shall be exempt from the provisions of this
Schedule.
(2) The Minister may by order direct that ships under 80 tons register engaged solely in
the coasting trade, or any class of such ships specified in the order, shall be exempt from the
provisions of this Schedule while not carrying cargo, or (if the order so provides) shall be exempt
from the provisions of this Schedule whether carrying cargo or not.
(3) Any order under this paragraph may be made subject to such conditions as the
Minister thinks fit; and, where any such order is made subject to conditions, the exemption
conferred by that order shall not have effect in relation to a ship unless the ship complies with
those conditions.
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Further powers to exempt ships
19. (1) In this paragraph any reference to exempting a ship is a reference to exempting the
ship either —
(a) from all the provisions of this Schedule and of the load line rules; or
(b) from such of those provisions as are specified in the instrument conferring the
exemption.
(2) On the application of the owner of a Bermuda ship to which this Schedule applies
which is either a pre- 1966 Convention ship of not less than 150 tons gross tonnage or a post-
1966 Convention ship of not less than 24 metres in length, the Minister may exempt the ship if in
his opinion the ship embodies features of a novel kind such that, if the ship had to comply with
all the requirements of this Schedule and of the load line rules, the development of those features
and their incorporation in ships engaged on international voyages might be seriously impeded.
(3) On the application of the owner of a Bermuda ship to which this Schedule applies
which is either —
(a) a pre-1966 Convention ship of less than 150 tons gross tonnage or a post-1966
Convention' ship of less than 24 metres in length; or
(b) a ship (not falling within (a)) which does not ply on international voyages;
the Minister may exempt the ship.
(4) Without prejudice to subparagraph (3), where a Bermuda ship to which this
Schedule applies which is either a pre- 1966 Convention ship of not less than 150 tons gross
tonnage or a post-1966 Convention ship of not less than 24 metres in length, does not normally
ply on international voyages but is, in exceptional circumstances, required to undertake a single
international voyage, the Minister, on the application of the owner of the ship, specifying the
international voyage in question, may exempt the ship while engaged on that voyage.
(5) Any exemption conferred under this paragraph may be conferred subject to such
conditions as the Minister thinks fit; and, where any such exemption is conferred subject to
conditions, the exemption shall not have effect unless those conditions are complied with.
Issue of exemption certificates
20. (1) Where the Minister exempts a ship under paragraph 19 , the Minister shall issue the
appropriate certificate to the owner of the ship.
(2) For the purposes of this paragraph the appropriate certificate —
(a) where the exemption is conferred under subparagraph (2) or subparagraph (4) of
paragraph 19 , is an "International Load Line Exemption Certificate"; and
(b) where the certificate is conferred under subparagraph (3) of that paragraph, is a
"Minister load line exemption certificate".
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(3) Any certificate issued under this paragraph shall be in such form, and shall be
issued in such manner, as may be prescribed by the load line rules.
Duration and termination of exemptions, and duration, endorsement and cancellation of exemption
certificates
21. (1) The load line rules shall provide for determining the period during which any
exemption conferred under paragraph 19 , or any certificate issued under paragraph 20 , is to
remain in force, including —
(a) provision enabling the period for which any exemption or certificate is originally
conferred or issued to be extended within such limits and in such circumstances
as may be prescribed by the rules; and
(b) provision for terminating any such exemption, and for cancelling any such
certificate, in such circumstances as may be so prescribed.
(2) While any such certificate is in force in respect of a ship, there shall be endorsed on
the certificate such information relating to —
(a) periodical inspections of the ship in accordance with the load line rules; and
(b) any extension of the period for which the certificate was issued;
as may be prescribed by the rules.
International Load Line Exemption Certificates
22. (1) The load line rules shall make such provision as appears to the Minister to be
appropriate for securing that exemption certificates which, in accordance with the Convention of
1966, are issued in respect of ships to which paragraph 12 applies, and are so issued by
Governments other than Her Majesty's Government in Bermuda, shall in such circumstances as
may be prescribed by the rules have the like effect for the purposes of this Schedule as if they
were valid Convention certificates.
(2) Certificates issued as mentioned in subparagraph (1) shall be included among
"International Load Line Exemption Certificates".
SUBDIVISION LOAD LINES AND DECK CARGO
Subdivision load lines
23. (1) Where in pursuance of safety regulations a Bermuda passenger ship to which this
Schedule applies is marked with subdivision load lines, and the lowest of those lines is lower
than the line which, apart from this subparagraph, would be the appropriate load line for the
purposes of paragraph 4 , the said paragraph 4 shall have effect as if that subdivision load line
were the appropriate load line for the purposes of that paragraph.
(2) Where in pursuance of safety regulations a non-Bermuda passenger ship to which
this Schedule applies is marked with subdivision load lines, and the lowest of those load lines is
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lower than the line which, apart from this subparagraph, would be the appropriate load line for
the purposes of paragraph 14 , that paragraph shall have effect as if that subdivision load line
were the appropriate load line for the purposes of that paragraph.
Deck cargo
24. (1) The Minister shall make regulations (in this paragraph referred to as "the deck cargo
regulations") prescribing requirements to be complied with where cargo is carried in any
uncovered space on the deck of a ship to which this Schedule applies; and different requirements
may be so prescribed in relation to different descriptions of ships, different descriptions of cargo,
different voyages or classes of voyages, different seasons of the year or any other different
circumstances.
(2) If the load line rules provide (either generally or in particular cases or classes of
cases) for assigning special freeboards to ships which are to have effect only where a cargo of
timber is so carried, then (without prejudice to the generality of subparagraph (1)) the deck cargo
regulations may prescribe special requirements to be complied with in circumstances where any
such special freeboard has effect.
(3) In prescribing any such special requirements as are mentioned in subparagraph (2),
the Minister shall have regard in particular to the provisions of Chapter IV of the Convention of
1966.
(4) If any provisions of the deck cargo regulations are contravened —
(a) in the case of a Bermuda ship; or
(b) in the case of any other ship while the ship is within any port in Bermuda;
the master of the ship shall (subject to subparagraph (5)) be guilty of an offence and liable —
(i) on summary conviction, to a fine of $10,000;
(ii) on conviction on indictment, to a fine of $50,000.
(5) Where a person is charged with an offence under subparagraph (4), it shall be a
defence to prove that the contravention was due solely to deviation or delay and that the deviation
or delay was caused solely by stress of weather or other circumstances which neither the master
nor the owner nor the charterer (if any) could have prevented or forestalled.
(6) For the purpose of securing compliance with the deck cargo regulations, any person
authorised for the purpose by the Minister may inspect any ship to which this Schedule applies
which is carrying cargo in any uncovered space on its deck.
MISCELLANEOUS PROVISIONS
Notice to consular officer of proceedings against foreign ships
25. (1) Where any non-Bermuda ship is detained under this Schedule, and where any
proceedings are taken under this Schedule against the master or owner of any such ship, notice
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shall forthwith be served on the consular officer for the country to which the ship belongs at or
nearest to the port where the ship is for the time being.
(2) A notice under this paragraph shall specify the grounds on which the ship has been
detained or the proceedings have been taken.
Delivery up of certificates
26. (1) The Minister may require any certificate which can be issued under this Schedule,
which has expired or been cancelled, to be delivered up as he directs.
(2) If any owner or master of a ship fails without reasonable excuse to comply with such
a requirement he shall be guilty of an offence and liable, on summary conviction, to a fine of
$1,000.
Penalty for false statements etc.
27. (1) If any person intentionally makes, or assists in making, or procures to be made, a
false or fraudulent certificate which can be issued under this Schedule he shall be guilty of an
offence and liable —
(a) on summary conviction, to a fine of $10,000 or to imprisonment for a term of six
months or both;
(b) on conviction on indictment, to a fine of $50,000 or to imprisonment for a term of
two years or both.
Admissibility of certificates in evidence
28. Any certificate issued under this Schedule shall be admissible in evidence.
Convention countries
29. (1) The Minister, if satisfied —
(a) that the Government of a country has accepted or acceded to, or has denounced,
the Convention of 1966; or
(b) that the Convention of 1966 extends, or has ceased to extend, to a particular
territory;
may by order make a declaration to that effect.
(2) In this Schedule "Convention country" means a country which is either —
(a) a country the Government of which has been declared under this paragraph to
have accepted or acceded to the Convention of 1966, and has not been so
declared to have denounced that Convention; or
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(b) a territory to which it has been so declared that the Convention of 1966 extends,
not being a territory to which it has been so declared that that Convention has
ceased to extend;
and "Contracting Government" means any such Government as is referred to in (a).
Orders, rules and regulations
30. Any order, rules or regulations made under this Schedule may contain such transitional
or other incidental and supplementary provisions as may appear to the Minister to be
appropriate.
Interpretation
31. (1) In this Schedule, except in so far as the context otherwise requires —
“alteration" includes deterioration;
“clearance" includes transire;
"the Convention of 1966" means the International Convention on Load Lines which was
signed in London on 5th April 1966;
"Convention country" and "Contracting Government" have the meanings given to them by
paragraph 29(2) ;
"non-Bermuda ship" means a ship which is not registered in Bermuda;
“post- 1966 Convention ship" means a ship whose keel is laid, or which is at a similar
stage of construction, on or after the material date; and "pre-1966 Convention ship"
means a ship which is not a post-1966 Convention ship;
“parent country", in relation to a ship, means the country in which the ship is registered,
or, if the ship is not registered anywhere, means the country whose flag the ship flies;
“valid Convention certificate" has the meaning given to it by paragraph 12(5) .
(2) For the purposes of the definitions of pre-1966 and post-1966 Convention ship the
material date —
(a) in relation to a ship whose parent country is a Convention country other than
Bermuda, is the date as from which it is declared under paragraph 29 either
that the Government of that country has accepted or acceded to the Convention
of 1966 or that it is a territory to which that Convention extends; and
(b) in relation to any other ship, is 21st July 1968.
(3) In this Schedule, subject to subparagraph (4), "international voyage" means a voyage
between —
(a) a port in Bermuda and a port outside Bermuda; or
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(b) a port in a Convention country (other than Bermuda) and a port in any other
country (whether a Convention country or not) which is outside Bermuda.
(4) In determining, for the purposes of subparagraph (3), what are the ports between
which a voyage is made, no account shall be taken of any deviation by a ship from its intended
voyage which is due solely to stress of weather or any other circumstance which neither the
master nor the owner nor the charterer (if any) of the ship could have prevented or forestalled;
and for the purposes of that subparagraph any colony, protectorate or other dependency, and
any territory for whose international relations a Government is separately responsible shall be
taken to be a separate territory.
(5) Any reference in this Schedule to the gross tonnage of a ship shall be construed as a
reference to the tonnage of the ship as ascertained in accordance with the tonnage regulations;
and, where in accordance with those regulations alternative tonnages are assigned to a ship, the
gross tonnage of the ship shall, for the purposes of this Schedule, be taken to be the larger of
those tonnages.
(6) For the purposes of this Schedule the length of a ship shall be ascertained in
accordance with regulations made by the Minister under this Schedule.
(7) Any reference in this Schedule to any provision of the Convention of 1966 shall, in
relation to any time after that provision has been amended in pursuance of Article 29 of that
Convention, be construed as a reference to that provision as so amended.
SCHEDULE 4
(Section 173(1))
OVERALL LIMIT ON LIABILITY OF FUND
Article 4 - paragraphs 4 and 5
4. (a) Except as otherwise provided in subparagraphs (b) and (c) of this paragraph, the
aggregate amount of compensation payable by the Fund under this Article shall in respect of any
one incident be limited, so that the total sum of that amount and the amount of compensation
actually paid under the Liability Convention for pollution damage within the scope of application
of this Convention as defined in Article 3 shall not exceed 135 million units of account.
(b) Except as otherwise provided in subparagraph (c), the aggregate amount of
compensation payable by the Fund under this Article for pollution damage resulting from a
natural phenomenon of an exceptional, inevitable and irresistible character shall not exceed 135
million units of account.
(c) The maximum amount of compensation referred to in subparagraphs (a) and (b)
shall be 200 million units of account with respect to any incident occurring during any period
when there are three Parties to this Convention in respect of which the combined relevant
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quantity of contributing oil received by persons in the territories of such Parties, during the
preceding calendar year, equalled or exceeded 600 million tons.
(d) Interest accrued on a fund constituted in accordance with Article V, paragraph 3, of
the Liability Convention, if any, shall not be taken into account for the computation of the
maximum compensation payable by the Fund under this Article.
(e) The amounts mentioned in this Article shall be converted into national currency on
the basis of the value of that currency by reference to the Special Drawing Right on the date of
the decision of the Assembly of the Fund as to the first date of payment of compensation.
5. Where the amount of established claims against the Fund exceeds the aggregate amount
of compensation payable under paragraph 4, the amount available shall be distributed in such a
manner that the proportion between any established claim and the amount of compensation
actually recovered by the claimant under this Convention shall be the same for all claimants.
SCHEDULE 5
(Section 179)
CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA
PART I
TEXT OF CONVENTION
ARTICLE I
Definitions
In this Convention the following expressions have the meaning hereby assigned to them
1. (a) "carrier" means a person by or on behalf of whom a contract of carriage has been
concluded, whether the carriage is actually performed by him or by a performing carrier;
(b) "performing carrier" means a person other than the carrier, being the owner,
charterer or operator of a ship, who actually performs the whole or a part of the carriage.
2. "contract of carriage" means a contract made by or on behalf of a carrier for the carriage
by sea of a passenger or of a passenger and his luggage, as the case may be.
3. "ship" means only a seagoing vessel, excluding an air-cushion vehicle.
4. "passenger" means any person carried in a ship —
(a) under a contract of carriage; or
(b) who, with the consent of the carrier, is accompanying a vehicle or live animals
which are covered by a contract for the carriage of goods not governed by this
Convention.
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5. "luggage" means any article or vehicle carried by the carrier under a contract of carriage,
excluding —
(a) articles and vehicles carried under a charter party, bill of lading or other contract
primarily concerned with the carriage of goods; and
(b) live animals.
6. "cabin luggage" means luggage which the passenger has in his cabin or is otherwise in
his possession, custody or control. Except for the application of paragraph 8 of this Article and
Article 8, cabin luggage includes luggage which the passenger has in or on his vehicle.
7. "loss of or damage to luggage" includes pecuniary loss resulting from the luggage not
having been re-delivered to the passenger within a reasonable time after the arrival of the ship on
which the luggage has been or should have been carried, but does not include delays resulting
from labour dispute.
8. "carriage" covers the following periods —
(a) with regard to the passenger and his cabin luggage, the period during which the
passenger and/or his cabin luggage are on board the ship or in the course of
embarkation or disembarkation, and the period during which the passenger and
his cabin luggage are transported by water from land to the ship or vice versa, if
the cost of such transport is included in the fare or if the vessel used for the
purpose of auxiliary transport has been put at the disposal of the passenger by
the carrier. However, with regard to the passenger, carriage does not include the
period during which he is in a marine terminal or station or on a quay or in or on
any other port installation;
(b) with regard to cabin luggage, also the period during which the passenger is in a
marine terminal or station or on a quay or in or on any other port installation if
that luggage has been taken over by the carrier or his servant or agent and has
not been re-delivered to the passenger;
(c) with regard to other luggage which is not cabin luggage, the period from the time
of its taking over by the carrier or his servant or agent onshore or on board until
the time of its re-delivery by the carrier or his servant or agent;
9. "international carriage" means any carriage in which, according to the contract of
carriage, the place of departure and the place of destination are situated in two different States,
or in a single State if, according to the contract of carriage or the scheduled itinerary, there is an
intermediate port of call in another State.
ARTICLE 2
Application
1. This Convention shall apply to any international carriage if —
(a) the ship is flying the flag of or is registered in a State Party to this Convention; or
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(b) the contract of carriage has been made in a State Party to this Convention; or
(c) the place of departure or destination, according to the contract of carriage, is in a
State Party to this Convention.
2. Notwithstanding paragraph I of this Article, this Convention shall not apply when the
carriage is subject, under any other international convention concerning the carriage of
passengers or luggage by another mode of transport, to a civil liability regime under the
provisions of such convention, in so far as those provisions have mandatory application to
carriage by sea.
ARTICLE 3
Liability of the carrier
1. The carrier shall be liable for the damage suffered as a result of the death of or personal
injury to a passenger and the loss of or damage to luggage if the incident which caused the
damage so suffered occurred in the course of the carriage and was due to the fault or neglect of
the carrier or of his servants or agents acting within the scope of their employment.
2. The burden of proving that the incident which caused the loss or damage occurred in the
course of the carriage, and the extent of the loss or damage, shall lie with the claimant.
3. Fault or neglect of the carrier or of his servants or agents acting within the scope of their
employment shall be presumed, unless the contrary is proved, if the death of or personal injury
to the passenger or the loss of or damage to cabin luggage arose from or in connection with the
shipwreck, collision, stranding, explosion or fire, or defect in the ship. In respect of loss of or
damage to other luggage, such fault or neglect shall be presumed, unless the contrary is proved,
irrespective of the nature of the incident which caused the loss or damage. In all other cases the
burden of proving fault or neglect shall lie with the claimant.
ARTICLE 4
Performing carrier
1. If the performance of the carriage or part thereof has been entrusted to a performing
carrier, the carrier shall nevertheless remain liable for the entire carriage according to the
provisions of this Convention. In addition, the performing carrier shall be subject and entitled to
the provisions of this Convention for the part of the carriage performed by him.
2. The carrier shall, in relation to the carriage performed by the performing carrier, be liable
for the acts and omissions of the performing carrier and of his servants and agents acting within
the scope of their employment.
3. Any special agreement under which the carrier assumes obligations not imposed by this
Convention or any waiver of rights conferred by this Convention shall affect the performing
carrier only if agreed by him expressly and in writing.
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4. Where and to the extent that both the carrier and the performing carrier are liable, their
liability shall be joint and several.
5. Nothing in this Article shall prejudice any right of recourse as between the carrier and the
performing carrier.
ARTICLE 5
Valuables
The carrier shall not be liable for the loss of or damage to monies, negotiable securities,
gold, silverware, jewellery, ornaments, works of art, or other valuables, except where such
valuables have been deposited with the carrier for the agreed purpose of safe-keeping in which
case the carrier shall be liable up to the limit provided for in paragraph 3 of Article 8 unless a
higher limit is agreed upon in accordance with paragraph I of Article 10.
ARTICLE 6
Contributory fault
If the carrier proves that the death of or personal injury to a passenger or the loss of or
damage to his luggage was caused or contributed to by the fault or neglect of the passenger, the
court seized of the case may exonerate the carrier wholly or partly from his liability in accordance
with the provisions of the law of that court.
ARTICLE 7
Limit of liability for personal injury
1. The liability of the carrier for the death of or personal injury to a passenger shall in no
case exceed 46,666 units of account per carriage. Where in accordance with the law of the court
seized of the case damages are awarded in the form of periodical income payments, the
equivalent capital value of those payments shall not exceed the said limit.
2. Notwithstanding paragraph I of this Article, the national law of any State Party to this
Convention may fix, as far as carriers who are nationals of such State are concerned, a higher per
capita limit of liability.
ARTICLE 8
Limit of liability for loss of or damage to luggage
1. The liability of the carrier for the loss of or damage to cabin luggage shall in no case
exceed 833 units of account per passenger per carriage.
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2. The liability of the carrier for the loss of or damage to vehicles including all luggage
carried in or on the vehicle shall in no case exceed 3,333 units of account per vehicle, per
carriage.
3. The liability of the carrier for the loss of or damage to luggage other than that mentioned
in paragraphs I and 2 of this Article shall in no case exceed 1,200 units of account per
passenger, per carriage.
4. The carrier and the passenger may agree that the liability of the carrier shall be subject
to a deduction not exceeding 117 units of account in the case of damage to a vehicle and not
exceeding 13 units of account per passenger in the case of loss of or damage to other luggage,
such sum to be deducted from the loss or damage.
ARTICLE 9
Unit of account and conversion
The Unit of Account mentioned in this Convention is the special drawing right as defined
by the International Monetary Fund. The amounts mentioned in Articles 7 and 8 shall be
converted into the national currency of the State of the court seized of the case on the basis of the
value of that currency on the date of the judgment or the date agreed upon by the Parties.
ARTICLE 10
Supplementary provisions on limits of liability
1. The carrier and the passenger may agree, expressly and in writing, to higher limits of
liability than those prescribed in Articles 7 and 8.
2. Interest on damages and legal costs shall not be included in the limits of liability
prescribed in Articles 7 and 8.
ARTICLE 11
Defences and limits for carriers' servants
If an action is brought against a servant or agent of the carrier or of the performing
carrier arising out of damage covered by this Convention, such servant or agent, if he proves that
he acted within the scope of his employment, shall be entitled to avail himself of the defences and
limits of liability which the carrier or the performing carrier is entitled to invoke under this
Convention.
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ARTICLE 12
Aggregation of claims
1. Where the limits of liability prescribed in Articles 7 and 8 take effect, they shall apply to
the aggregate of the amounts recoverable in all claims arising out of the death of or personal
injury to any one passenger or the loss of or damage to his luggage.
2. In relation to the carriage performed by a performing carrier, the aggregate of the
amounts recoverable from the carrier and the performing carrier and from their servants and
agents acting within the scope of their employment shall not exceed the highest amount which
could be awarded against either the carrier or the performing carrier under this Convention, but
none of the persons mentioned shall be liable for a sum in excess of the limit applicable to him.
3. In any case where a servant or agent of the carrier or of the performing carrier is entitled
under Article I I of this Convention to avail himself of the limits of liability prescribed in Articles 7
and 8, the aggregate of the amounts recoverable from the carrier, or the performing carrier as the
case may be, and from that servant or agent shall not exceed those limits.
ARTICLE 13
Loss of right to limit liability
1. The carrier shall not be entitled to the benefit of the limits of liability prescribed in
Articles 7 and 8 and paragraph I of Article 10, if it is proved that the damage resulted from an act
or omission of the carrier done with the intent to cause such damage, or recklessly and with
knowledge that such damage would probably result.
2. The servant or agent of the carrier or of the performing carrier shall not be entitled to the
benefit of those limits if it is proved that the damage resulted from an act or omission of that
servant or agent done with the intent to cause such damage, or recklessly and with knowledge
that such damage would probably result.
ARTICLE 14
Basis for claims
No action for damages for the death of or personal injury to a passenger, or for the loss of or
damage to luggage, shall be brought against a carrier or performing carrier otherwise than in
accordance with this Convention.
ARTICLE 15
Notice of loss or damage to luggage
1. The passenger shall give written notice to the carrier or his agent —
(a) in the case of apparent damage to luggage —
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(i) for cabin luggage, before or at the time of disembarkation of the passenger;
(ii) for all other luggage, before or at the time of its re-delivery;
(b) in the case of damage to luggage which is not apparent, or loss of luggage, within
15 days from the date of disembarkation or re-delivery or from the time when
such re-delivery should have taken place.
2. If the passenger fails to comply with this Article, he shall be presumed, unless the
contrary is proved, to have received the luggage undamaged.
3. The notice in writing need not be given if the condition of the luggage has at the time of
its receipt been the subject of joint survey or inspection.
ARTICLE 16
Time-bar for actions
1. Any action for damages arising out of the death of or personal injury to a passenger or for
the loss of or damage to luggage shall be time-barred after a period of two years.
2. The limitation period shall be calculated as follows —
(a) in the case of personal injury, from the date of disembarkation of the passenger;
(b) in the case of death occurring during carriage, from the date when the passenger
should have disembarked, and in the case of personal injury occurring during
carriage and resulting in the death of the passenger after disembarkation, from
the date of death, provided that this period shall not exceed three years from the
date of disembarkation;
(c) in the case of loss of or damage to luggage, from the date of disembarkation or
from the date when disembarkation should have taken place, whichever is later.
3. The law of the court seized of the case shall govern the grounds of suspension and
interruption of limitation periods, but in no case shall an action under this Convention be
brought after the expiration of a period of three years from the date of disembarkation of the
passenger or from the date when disembarkation should have taken place, whichever is later.
4. Notwithstanding paragraphs 1, 2 and 3 of this Article, the period of limitation may be
extended by a declaration of the carrier or by agreement of the parties after the cause of action
has arisen. The declaration or agreement shall be in writing.
ARTICLE 17
Competent jurisdiction
1. An action arising under this Convention shall, at the option of the claimant, be brought
before one of the courts listed below, provided that the court is located in a State Party to this
Convention —
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(a) the court of the place of permanent residence or principal place of business of
the defendant; or
(b) the court of the place of departure or that of the destination according to the
contract of carriage; or
(c) a court of the State of the domicile or permanent residence of the claimant, if the
defendant has a place of business and is subject to jurisdiction in that State; or
(d) a court of the State where the contract of carriage was made, if the defendant has
a place of business and is subject to jurisdiction in that State.
2. After the occurrence of the incident which has caused the damage, the parties may agree
that the claim for damages shall be submitted to any jurisdiction or to arbitration.
ARTICLE 18
Invalidity of contractual provisions
Any contractual provision concluded before the occurrence of the incident which has
caused the death of or personal injury to a passenger or the loss of or damage to his luggage,
purporting to relieve the carrier of his liability towards the passenger or to prescribe a lower limit
of liability than that fixed in this Convention except as provided in paragraph 4 of Article 8, and
any such provision purporting to shift the burden of proof which rests on the carrier, or having
the effect of restricting the option specified in paragraph I of Article 17, shall be null and void, but
the nullity of that provision shall not render void the contract of carriage which shall remain
subject to the provisions of this Convention.
ARTICLE 19
Other conventions on limitation of liability
This Convention shall not modify the rights or duties of the carrier, the performing
carrier, and their servants or agents provided for in international conventions relating to the
limitation of liability of owners of seagoing ships.
ARTICLE 20
Nuclear damage
No liability shall arise under this Convention for damage caused by a nuclear incident —
(a) if the operator of a nuclear installation is liable to such damage under either the
Paris Convention of 29 July 1960 on Third Party Liability in the Field of Nuclear
Energy as amended by its Additional Protocol of 28 January 1964, or the Vienna
Convention of 21 May 1963 on Civil Liability for Nuclear Damage; or
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(b) if the operator of a nuclear installation is liable for such damage by virtue of a
national law governing the liability for such damage, provided that such law is in
all respects as favourable to persons who may suffer damage as either the Paris
or the Vienna Conventions.
ARTICLE 21
Commercial carriage by public authorities
This Convention shall apply to commercial carriage undertaken by States or Public
Authorities under contracts of carriage within the meaning of Article 1.
PART II
PROVISIONS HAVING EFFECT IN CONNECTION WITH CONVENTION
Interpretation
1. In this Part of this Schedule any reference to a numbered article is a reference to the
article of the Convention which is so numbered and any expression to which a meaning is
assigned by article 1 of the Convention has that meaning.
Provisions adapting or supplementing specified articles of the Convention
2. For the purposes of paragraph 2 of article 2, provisions of such an international
convention as is mentioned in that paragraph which apart from this paragraph do not have
mandatory application to carriage by sea shall be treated as having mandatory application to
carriage by sea if it is stated in the contract of carriage for the carriage in question that those
provisions are to apply in connection with the carriage.
3. The reference to the law of the court in article 6 shall be construed as a reference to the
Law Reform (Liability in Tort) Act 1951.
4. The Minister may by order provide that, in relation to a carrier whose principal place of
business is in Bermuda, paragraph I of article 7 shall have effect with the substitution for the
limit for the time being specified in that paragraph of a different limit specified in the order (which
shall not be lower than 46,666 units of account).
5. (1) For the purpose of converting from special drawing rights into United States dollars
the amounts mentioned in articles 7 and 8 of the Convention in respect of which a judgment is
given, one special drawing right shall be treated as equal to such a sum in United States dollars
as the International Monetary Fund have fixed as being the equivalent of one special drawing
right for —
(a) the day on which the judgment is given; or
(b) if no sum has been so fixed for that day, the last day before that day for which a
sum has been so fixed.
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(2) A certificate given by or on behalf of the Minister responsible for finance stating —
(a) that a particular sum in United States dollars has been fixed as mentioned in
subparagraph (1) for a particular day; or
(b) that no sum has been so fixed for that day and a particular sum in United States
dollars has been so fixed for a day which is the last day for which a sum has
been so fixed before the particular day, shall be conclusive evidence of those
matters for the purposes of articles 7 to 9 of the Convention; and a document
purporting to be such a certificate shall, in any proceedings, be received in
evidence and, unless the contrary is proved, be deemed to be such a certificate.
6. It is hereby declared that by virtue of article 12 the limitations on liability there
mentioned in respect of a passenger or his luggage apply to the aggregate liabilities of the persons
in question in all proceedings for enforcing the liabilities or any of them which may be brought
whether in Bermuda or elsewhere.
7. Article 16 shall apply to an arbitration as it applies to an action; and section 35(3) and (4)
of the Limitation Act 1984 (which determine when an arbitration is deemed to commence) shall
apply for the purposes of article 16 as they apply for the purposes of that Act.
8. The court before which proceedings are brought in pursuance of article 17 to enforce a
liability which is limited by virtue of article 12 may at any stage of the proceedings make such
orders as appear to the court to be just and equitable in view of the provisions of article 12 and of
any other proceedings which have been or are likely to be begun in Bermuda or elsewhere to
enforce the liability in whole or in part; and without prejudice to the generality of the preceding
provisions of this paragraph such a court shall, where the liability is or may be partly enforceable
in other proceedings in Bermuda or elsewhere, have jurisdiction to award an amount less than
the court would have awarded if the limitation applied solely to the proceedings before the court
or to make any part of its award conditional on the results of any other proceedings.
Other provisions adapting or supplementing the Convention
9. Any reference in the Convention to a contract of carriage excludes a contract of carriage
which is not for reward.
10. If the Minister by order declares that any State specified in the order is a party to the
Convention in respect of a particular country the order shall, subject to the provisions of any
subsequent order made by virtue of this paragraph, be conclusive evidence that the State is a
party to the Convention in respect of that country.
11. The Minister may by order provide —
(a) for requiring a person who is the carrier in relation to a passenger to give to the
passenger, in a manner specified in the order, notice of such of the provisions of
Part I of this Schedule as are so specified;
(b) for a person who fails to comply with a requirement imposed on him by the order
to be guilty of an offence and liable on summary conviction to a fine of an
amount not exceeding $5,000 or not exceeding a lesser amount.
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Application of sections. 181 and 182 of this Act
12. It is hereby declared that nothing in the Convention affects the operation of section 181
of this Act (which limits a shipowner's liability in certain cases of loss of life, injury or damage).
13. Nothing in section 182 of this Act (which among other things limits a shipowner's liability
for the loss or damage of goods in certain cases) shall relieve a person of any liability imposed on
him by the Convention.
SCHEDULE 6
(Section 181)
CONVENTION ON LIMITATION OF LIABILITY FOR MARITIME CLAIMS 1976
PART I
TEXT OF CONVENTION
CHAPTER 1. THE RIGHT OF LIMITATION
ARTICLE 1
Persons entitled to limit liability
1. Shipowners and salvors, as hereinafter defined, may limit their liability in accordance
with the rules of this Convention for claims set out in Article 2.
2. The term "shipowner" shall mean the owner, charterer, manager or operator of a seagoing
ship.
3. Salvor shall mean any person rendering services in direct connection with salvage
operations. Salvage operations shall also include operations referred to in Article 2, paragraph 1
(d), (e) and (f).
4. If any claims set out in Article 2 are made against any person for whose act, neglect or
default the shipowner or salvor is responsible, such person shall be entitled to avail himself of the
limitation of liability provided for in this Convention.
5. In this Convention the liability of a shipowner shall include liability in an action brought
against the vessel herself.
6. An insurer of liability for claims subject to limitation in accordance with the rules of this
Convention shall be entitled to the benefits of this Convention to the same extent as the assured
himself.
7. The act of invoking limitation of liability shall not constitute an admission of liability.
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ARTICLE 2
Claims subject to limitation
1. Subject to Articles 3 and 4 the following claims, whatever the basis of liability may be,
shall be subject to limitation of liability —
(a) claims in respect of loss of life or personal injury or loss of or damage to property
(including damage to harbour works, basins and waterways and aids to
navigation), occurring on board or in direct connection with the operation of the
ship or with salvage operations, and consequential loss resulting therefrom;
(b) claims in respect of loss resulting from delay in the carriage by sea of cargo,
passengers or their luggage;
(c) claims in respect of other loss resulting from infringement of rights other than
contractual rights, occurring in direct connection with the operation of the ship
or salvage operations;
(d) claims in respect of the raising, removal, destruction or the rendering harmless of
a ship which is sunk, wrecked, stranded or abandoned, including anything that
is or has been on board such ship;
(e) claims in respect of the removal, destruction or the rendering harmless of the
cargo of the ship;
(f) claims of a person other than the person liable in respect of measures taken in
order to avert or minimise loss for which the person liable may limit his liability
in accordance with this Convention, and further loss caused by such measures.
2. Claims set out in paragraph 1 shall be subject to limitation of liability even if brought by
way of recourse or for indemnity under a contract or otherwise. However, claims set out under
paragraph 1 (d), (e) and (f) shall not be subject to limitation of liability to the extent that they
relate to remuneration under a contract with the person liable.
ARTICLE 3
Claims excepted from limitation
The rules of this Convention shall not apply to —
(a) claims for salvage or contribution in general average;
(b) claims for oil pollution damage within the meaning of the International
Convention on Civil Liability for Oil Pollution Damage dated 29th November 1969
or of any amendment or Protocol thereto which is in force;
(c) claims subject to any international convention or national legislation governing
or prohibiting limitation of liability for nuclear damage;
(d) claims against the shipowner of a nuclear ship for nuclear damage;
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(e) claims by servants of the shipowner or salvor whose duties are connected with
the ship or the salvage operations, including claims of their heirs, dependents or
other persons entitled to make such claims, if under the law governing the
contract of service between the shipowner or salvor and such servants the
shipowner or salvor is not entitled to limit his liability in respect of such claims,
or if he is by such law only permitted to limit his liability to an amount greater
than that provided for in Article 6.
ARTICLE 4
Conduct barring limitation
A person liable shall not be entitled to limit his liability if it is proved that the loss
resulted from his personal act or omission, committed with the intent to cause such loss, or
recklessly and with knowledge, that such loss would probably result.
ARTICLE 5
Counter claims
Where a person entitled to limitation of liability under the rules of this Convention has a
claim against the claimant arising out of the same occurrence, their respective claims shall be set
off against each other and the provisions of this Convention shall only apply to the balance, if
any.
CHAPTER II. LIMITS OF LIABILITY
ARTICLE 6
The general limits
1. The limits of liability for claims other than those mentioned in Article 7, arising on any
distinct occasion, shall be calculated as follows —
(a) in respect of claims for loss of life or personal injury —
(i) 333,000 Units of Account for a ship with a tonnage not exceeding 500 tons;
(ii) for a ship with a tonnage in excess thereof, the following amount in addition
to that mentioned in (i) —
for each ton from 501 to 3,000 tons, 500 Units of Account;
for each ton from 3,001 to 30,000 tons, 333 Units of Account;
for each ton from 30,001 to 70,000 tons, 250 Units of Account; and
for each ton in excess of 70,000 tons, 167 Units of Account;
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(b) in respect of any other claims —
(i) 167,000 Units of Account for a ship with a tonnage not exceeding 500 tons;
(ii) for a ship with a tonnage in excess thereof the following amount in addition
to that mentioned in (i):
for each ton from 501 to 30,000 tons, 167 Units of Account;
for each ton from 30,001 to 70,000 tons, 125 Units of Account; and
for each ton in excess of 70,000 tons, 83 Units of Account.
2. Where the amount calculated in accordance with paragraph l(a) is insufficient to pay the
claims mentioned therein in full, the amount calculated in accordance with paragraph l(b) shall
be available for payment of the unpaid balance of claims under paragraph l(a) and such unpaid
balance shall rank rateably with claims mentioned under paragraph I (b).
4. The limits of liability for any salvor not operating from any ship or for any salvor
operating solely on the ship to, or in respect of which he is rendering salvage services, shall be
calculated according to a tonnage of 1,500 tons.
ARTICLE 7
The limit for passenger claims
1. In respect of claims arising on any distinct occasion for loss of life or personal injury to
passengers of a ship, the limit of liability of the shipowner thereof shall be an amount of 46,666
Units of Account multiplied by the number of passengers which the ship is authorised to carry
according to the ship's certificate, but not exceeding 25 million Units of Account.
2. For the purpose of this Article "claims for loss of life or personal injury to passengers of a
ship" shall mean any such claims brought by or on behalf of any person carried in that ship —
(a) under a contract of passenger carriage; or
(b) who, with the consent of the carrier, is accompanying a vehicle or live animals
which are covered by a contract for the carriage of goods.
ARTICLE 8
Unit of Account
The Unit of Account referred to in Articles 6 and 7 is the special drawing right as defined
by the International Monetary Fund. The amounts mentioned in Articles 6 and 7 shall be
converted into the national currency of the State in which limitation is sought, according to the
value of that currency at the date the limitation fund shall have been constituted, payment is
made, or security is given which under the law of that State is equivalent to such payment.
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ARTICLE 9
Aggregation of claims
1. The limits of liability determined in accordance with Article 6 shall apply to the aggregate
of all claims which arise on any distinct occasion —
(a) against the person or persons mentioned in paragraph 2 of Article 1 and any
person for whose act, neglect or default he or they are responsible; or
(b) against the shipowner of a ship rendering salvage services from that ship and the
salvor or salvors operating from such ship and any person for whose act, neglect
or default he or they are responsible; or
(c) against the salvor or salvors who are not operating from a ship or who are
operating solely on the ship to, or in respect of which, the salvage services are
rendered and any person for whose act, neglect or default he or they are
responsible.
2. The limits of liability determined in accordance with Article 7 shall apply to the aggregate
of all claims subject thereto which may arise on any distinct occasion against the person or
persons mentioned in paragraph 2 of Article 1 in respect of the ship referred to in Article 7 and
any person for whose act, neglect or default he or they are responsible.
ARTICLE 10
Limitation of liability without constitution of a limitation fund
1. Limitation of liability may be invoked notwithstanding that a limitation fund as
mentioned in Article 11 has not been constituted.
2. If limitation of liability is invoked without the constitution of a limitation fund, the
provisions of Article 12 shall apply correspondingly.
3. Questions of procedure arising under the rules of this Article shall be decided in
accordance with the national law of the State Party in which action is brought.
CHAPTER III. THE LIMITATION FUND
ARTICLE 11
Constitution of the Fund
1. Any person alleged to be liable may constitute a fund with the Court or other competent
authority in any State Party in which legal proceedings are instituted in respect of claims subject
to limitation. The fund shall be constituted in the sum of such of the amounts set out in Articles
6 and 7 as are applicable to claims for which that person may be liable, together with interest
thereon from the date of the occurrence giving rise to the liability until the date of the constitution
MERCHANT SHIPPING ACT 2002
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of the fund. Any fund thus constituted shall be available only for the payment of claims in
respect of which limitation of liability can be invoked.
2. A fund may be constituted, either by depositing the sum, or by producing a guarantee
acceptable under the legislation of the State Party where the fund is constituted and considered
to be adequate by the Court or other competent authority.
3. A fund constituted by one of the persons mentioned in paragraph 1 (a), (b) or (c) or
paragraph 2 of Article 9 or his insurer shall be deemed constituted by all persons mentioned in
paragraph 1 (a), (b) or (c) or paragraph 2, respectively.
ARTICLE 12
Distribution of the fund
1 Subject to the provisions of paragraphs 1 and 2 of Article 6 and of Article 7, the fund
shall be distributed among the claimants in proportion to their established claims against the
fund.
2. If, before the fund is distributed, the person liable, or his insurer, has settled a claim
against the fund such person shall, up to the amount he has paid, acquire by subrogation the
rights which the person so compensated would have enjoyed under this Convention.
3. The right of subrogation provided for in paragraph 2 may also be exercised by persons
other than those therein mentioned in respect of any amount of compensation which they may
have paid, but only to the extent that such subrogation is permitted under the applicable
national law.
4. Where the person liable or any other person establishes that he may be compelled to pay,
at a later date, in whole or in part any such amount of compensation with regard to which such
person would have enjoyed a right of subrogation pursuant to paragraphs 2 and 3 had the
compensation been paid before the fund was distributed, the Court or other competent authority
of the State where the fund has been constituted may order that a sufficient sum shall be
provisionally set aside to enable such person at such later date to enforce his claim against the
fund.
ARTICLE 13
Bar to other actions
1. Where a limitation fund has been constituted in accordance with Article 11 any person having
made a claim against the fund shall be barred from exercising any right in respect of such a
claim against any other assets of a person by or on behalf of whom the fund has been
constituted.
2. After a limitation fund has been constituted in accordance with Article 11 any ship or
other property, belonging to a person on behalf of whom the fund has been constituted, which
has been arrested or attached within the jurisdiction of a State Party for a claim which may be
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raised against the fund, or any security given, may be released by order of the Court or other
competent authority of such State. However, such release shall always be ordered if the
limitation fund has been constituted —
(a) at the port where the occurrence took place, or, if it took place out of port, at the
first port of call thereafter; or
(b) at the port of disembarkation in respect of claims for loss of life or personal
injury; or
(c) at the port of discharge in respect of damage to cargo; or
(d) in the State where the arrest is made.
3. The rules of paragraphs 1 and 2 shall apply only if the claimant may bring a claim
against the limitation fund before the Court administering that fund and the fund is actually
available and freely transferable in respect of that claim.
ARTICLE 14
Governing law
Subject to the provisions of this Chapter the rules relating to the constitution and
distribution of a limitation fund, and all rules of procedure in connection therewith, shall be
governed by the law of the State Party in which the fund is constituted.
CHAPTER IV. SCOPE OF APPLICATION
ARTICLE 15
This Convention shall apply whenever any person referred to in Article I seeks to limit his
liability before the Court of a State Party or seeks to procure the release of a ship or other
property or the discharge of any security given within the jurisdiction of any such State.
PART II
PROVISIONS HAVING EFFECT IN CONNECTION WITH CONVENTION
Interpretation
1. In this Part of this Schedule any reference to a numbered article is a reference to the
article of the Convention which is so numbered.
Right to limit liability
2. The right to limit liability under the Convention shall apply in relation to any ship
whether seagoing or not, and the definition of "shipowner" in paragraph 2 of article 1 shall be
construed accordingly.
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Claims subject to limitation
3. (1) Paragraph 1(d) of article 2 shall not apply unless provision has been made by an order
of the Minister for the setting up and management of a fund to be used for the making to a
harbour authority of payments needed to compensate it for the reduction, in consequence of the
said paragraph 1(d), of amounts recoverable by it in claims of the kind there mentioned, and to
be maintained by contributions from such authority raised and collected by it in respect of
vessels in like manner as other sums so raised by it.
(2) Any order under subparagraph (1) may contain such incidental and supplemental
provisions as appear to the Minister to be necessary or expedient.
Claims excluded from limitation
4. (1) The claims excluded from the Convention by paragraph (a) of article 3 include claims
under article 14 of the International Convention on Salvage, 1989 as set out in Part I of Schedule
7 and corresponding claims under a contract.
(2) The claims excluded from the Convention by paragraph (b) of article 3 are claims in
respect of any liability incurred under section 151 of this Act.
The general limits
5. (1) In the application of article 6 to a ship with a tonnage less than 300 tons that article
shall have effect as if —
(a) paragraph 1(a)(i) referred to 166,667 Units of Account; and
(b) paragraph 1(b)(i) referred to 83,333 Units of Account.
(2) For the purposes of article 6 and this paragraph a ship's tonnage shall be its gross
tonnage calculated in such manner as may be prescribed by an order made by the Minister.
(3) Any order under this paragraph shall, so far as appears to the Minister to be
practicable give effect to the regulations in Annex I of the International Convention on Tonnage
Measurement of Ships 1969.
Limit for passenger claims
6. (1) In the case of a ship for which there is in force a Passenger Ship Safety Certificate or
Passenger Certificate, as the case may be, issued under or recognised by safety regulations, the
ship's certificate mentioned in paragraph 1 of article 7 shall be that certificate.
(2) In paragraph 2 of article 7 the reference to claims brought on behalf of a person
includes a reference to any claim in respect of the death of a person under the Fatal Injuries
(Action for Damages) Act 1949.
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Units of Account
7. (1) For the purpose of converting the amounts mentioned in articles 6 and 7 from
special drawing rights into United States dollars one special drawing right shall be treated as
equal to such a sum in United States dollars as the International Monetary Fund have fixed as
being the equivalent of one special drawing right for —
(a) the relevant date under paragraph 1 of article 8; or
(b) if no sum has been so fixed for that date, the last preceding date for which a sum
has been so fixed.
(2) A certificate given by or on behalf of the Minister responsible for finance stating —
(a) that a particular sum in United States dollars has been fixed as mentioned in
subparagraph (1) for a particular date; or
(b) that no sum has been so fixed for that date and that a particular sum in United
States dollars has been so fixed for a date which is the last preceding date for
which a sum has been so fixed,
shall be conclusive evidence of those matters for the purposes of those articles; and a document
purporting to be such a certificate shall, in any proceedings, be received in evidence and, unless
the contrary is proved, be deemed to be such a certificate.
Constitution of fund
8. (1) The Minister may, with the concurrence of the Minister responsible for finance, by
order prescribe the rate of interest to be applied for the purposes of paragraph 1 of article 11.
(2) Where a fund is constituted with the court in accordance with article 11 for the
payment of claims arising out of any occurrence, the court may stay any proceedings relating to
any claim arising out of that occurrence which are pending against the person by whom the fund
has been constituted.
Distribution of fund
9. No lien or other right in respect of any ship or property shall affect the proportions in
which under article 12 the fund is distributed among several claimants.
Bar to other actions
10. Where the release of a ship or other property is ordered under paragraph 2 of article 13
the person on whose application it is ordered to be released shall be deemed to have submitted to
the jurisdiction of the court to adjudicate on the claim for which the ship or property' was
arrested or attached.
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Meaning of "court"
11. References in the Convention and the preceding provisions of this Part of this Schedule to the
court are references to the Supreme Court.
Meaning of "ship"
12. References in the Convention and in the preceding provisions of this Part of this Schedule
to a ship include references to any structure (whether completed or in course of completion)
launched and intended for use in navigation as a ship or part of a ship.
Meaning of "State Party"
13. An order made by the Minister for the purposes of this paragraph and declaring that any
State specified in the order is a party to the Convention shall, subject to the provisions of any
subsequent order made for those purposes, be conclusive evidence that the State is a party to the
Convention.
SCHEDULE 7
(Section 189)
INTERNATIONAL CONVENTION ON SALVAGE 1989
PART I
TEXT OF CONVENTION
CHAPTER I - GENERAL PROVISIONS
ARTICLE I
Definitions
For the purpose of this Convention
(a) Salvage operation means any act or activity undertaken to assist a vessel or any
other property in danger in navigable waters or in any other waters whatsoever.
(b) Vessel means any ship or craft, or any structure capable of navigation.
(c) Property means any property not permanently and intentionally attached to the
shoreline and includes freight at risk.
(d) Damage to the environment means substantial physical damage to human
health or to marine life or resources in coastal or inland waters or areas adjacent
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thereto, caused by pollution, contamination, fire, explosion or similar major
incidents.
(e) Payment means any reward, remuneration or compensation due under this
Convention.
(f) Organisation means the International Maritime Organisation.
(g) Secretary-General means the Secretary-General of the Organisation.
ARTICLE 2
Application of the Convention
This Convention shall apply whenever judicial or arbitral proceedings relating to matters
dealt with in this Convention are brought in a State Party.
ARTICLE 3
Platforms and drilling units
This Convention shall not apply to fixed or floating platforms or to mobile offshore drilling
units when such platforms or units are on location engaged in the exploration, exploitation or
production of sea-bed mineral resources.
ARTICLE 4
State-owned vessels
1. Without prejudice to article 5, this Convention shall not apply to warships or other non-
commercial vessels owned or operated by a State and entitled, at the time of salvage operations,
to sovereign immunity under generally recognised principles of international law unless that
State decides otherwise.
2. Where a State Party decides to apply the Convention to its warships or other vessels
described in paragraph 1, it shall notify the Secretary-General thereof specifying the terms and
conditions of such application.
ARTICLE 5
Salvage operations controlled by public authorities
1. This Convention shall not affect any provisions of national law or any international
convention relating to salvage operations by or under the control of public authorities.
2. Nevertheless, salvors carrying out such salvage operations shall be entitled to avail
themselves of the rights and remedies provided for in this Convention in respect of salvage
operations.
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3. The extent to which a public authority under a duty to perform salvage operations may
avail itself of the rights and remedies provided for in this Convention shall be determined by the
law of the State where such authority is situated.
ARTICLE 6
Salvage contracts
1. This Convention shall apply to any salvage operations save to the extent that a contract
otherwise provides expressly or by implication.
2. The master shall have the authority to conclude contracts for salvage operations on
behalf of the owner of the vessel. The master or the owner of the vessel shall have the authority
to conclude such contracts on behalf of the owner of the property on board the vessel.
3. Nothing in this article shall affect the application of article 7 nor duties to prevent or
minimise damage to the environment.
ARTICLE 7
Annulment and modification of contracts
A contract or any terms thereof may be annulled or modified if
(a) the contract has been entered into under undue influence or the influence of
danger and its terms are inequitable; or
(b) the payment under the contract is in an excessive degree too large or too small
for the services actually rendered.
CHAPTER II - PERFORMANCE OF SALVAGE OPERATIONS
ARTICLE 8
Duties of the salvor and of the owner and master
1. The salvor shall owe a duty to the owner of the vessel or other property in danger
(a) to carry out the salvage operations with due care;
(b) in performing the duty specified in subparagraph (a), to exercise due care to
prevent or minimise damage to the environment;
(c) whenever circumstances reasonably require, to seek assistance from other
salvors; and
(d) to accept the intervention of other salvors when reasonably requested to do so by
the owner or master of the vessel or other property in danger; provided however
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that the amount of his reward shall not be prejudiced should it be found that
such a request was unreasonable.
2. The owner and master of the vessel or the owner of other property in danger shall owe a
duty to the salvor
(a) to co-operate fully with him during the course of the salvage operations;
(b) in so doing, to exercise due care to prevent or minimise damage to the
environment; and
(c) when the vessel or other property has been brought to a place of safety, to accept
redelivery when reasonably requested by the salvor to do so.
ARTICLE 9
Rights of coastal States
Nothing in this Convention shall affect the right of the coastal State concerned to take
measures in accordance with generally recognised principles of international law to protect its
coastline or related interests from pollution or the threat of pollution following upon a maritime
casualty or acts relating to such a casualty which may reasonably be expected to result in major
harmful consequences, including the right of a coastal State to give directions in relation to
salvage operations.
ARTICLE 10
Duty to render assistance
1. Every master is bound, so far as he can do so without serious danger to his vessel and
persons thereon, to render assistance to any person in danger of being lost at sea.
2. The States Parties shall adopt the measures necessary to enforce the duty set out in
paragraph 1.
3. The owner of the vessel shall incur no liability for a breach of the duty of the master
under paragraph 1.
ARTICLE 11
Co-operation
A State Party shall, whenever regulating or deciding upon matters relating to salvage
operations such as admittance to ports of vessels in distress or the provision of facilities to
salvors, take into account the need for co-operation between salvors, other interested parties and
public authorities in order to ensure the efficient and successful performance of salvage
operations for the purpose of saving life or property in danger as well as preventing damage to the
environment in general.
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CHAPTER III - RIGHTS OF SALVORS
ARTICLE 12
Conditions for reward
1. Salvage operations which have had a useful result give right to a reward.
2. Except as otherwise provided, no payment is due under this Convention if the salvage
operations have had no useful result.
3. This chapter shall apply, notwithstanding that the salved vessel and the vessel
undertaking the salvage operations belong to the same owner.
ARTICLE 13
Criteria for fixing the reward
1. The reward shall be fixed with a view to encouraging salvage operations, taking into
account the following criteria without regard to the order in which they are presented below
(a) the salved value of the vessel and other property;
(b) the skill and efforts of the salvors in preventing or minimising damage to the
environment;
(c) the measure of success obtained by the salvor;
(d) the nature and degree of the danger;
(e) the skill and efforts of the salvors in salving the vessel, other property and life;
(f) the time used and expenses and losses incurred by the salvors;
(g) the risk of liability and other risks run by the salvors or their equipment;
(h) the promptness of the services rendered;
(i) the availability and use of vessels or other equipment intended for salvage
operations;
(j) the state of readiness and efficiency of the salvor's equipment and the value
thereof.
2. Payment of a reward fixed according to paragraph I shall be made by all of the vessel and
other property interests in proportion to their respective salved values. However, a State Party
may in its national law provide that the payment of a reward has to be made by one of these
interests, subject to a right of recourse of this interest against the other interests for their
respective shares. Nothing in this article shall prevent any right of defence.
3. The rewards, exclusive of any interest and recoverable legal costs that may be payable
thereon, shall not exceed the salved value of the vessel and other property.
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ARTICLE 14
Special compensation
1. If the salvor has carried out salvage operations in respect of a vessel which by itself or its
cargo threatened damage to the environment and has failed to earn a reward under article 13 at
least equivalent to the special compensation assessable in accordance with this article, he shall
be entitled to special compensation from the owner of that vessel equivalent to his expenses as
herein defined.
2. If, in the circumstances set out in paragraph 1, the salvor by his salvage operations has
prevented or minimised damage to the environment, the special compensation payable by the
owner to the salvor under paragraph I may be increased up to a maximum of 30 per cent. of the
expenses incurred by the salvor. However, the tribunal, if it deems it fair and just to do so and
bearing in mind the relevant criteria set out in article 13, paragraph 1, may increase such special
compensation further, but in no event shall the total increase be more than 100 per cent. of the
expenses incurred by the salvor.
3. Salvor's expenses for the purpose of paragraphs I and 2 means the out-of-pocket
expenses reasonably incurred by the salvor in the salvage operation and a fair rate for equipment
and personnel actually and reasonably used in the salvage operation, taking into consideration
the criteria set out in article 13, paragraph 1(h), (i) and (j).
4. The total special compensation under this article shall be paid only if and to the extent
that such compensation is greater than any reward recoverable by the salvor under article 13.
5. If the salvor has been negligent and has thereby failed to prevent or minimise damage to
the environment, he may be deprived of the whole or part of any special compensation due under
this article.
6. Nothing in this article shall affect any right of recourse on the part of the owner of the
vessel.
ARTICLE 15
Apportionment between salvors
1. The apportionment of a reward under article 13 between salvors shall be made on the
basis of the criteria contained in that article.
2. The apportionment between the owner, master and other persons in the service of each
salving vessel shall be determined by the law of the flag of that vessel. If the salvage has not been
carried out from a vessel, the apportionment shall be determined by the law governing the
contract between the salvor and his servants.
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ARTICLE 16
Salvage of persons
1. No remuneration is due from persons whose lives are saved, but nothing in this article
shall affect the provisions of national law on this subject.
2. A salvor of human life, who has taken part in the services rendered on the occasion of the
accident giving rise to salvage, is entitled to a fair share of the payment awarded to the salvor for
salving the vessel or other property or preventing or minimising damage to the environment.
ARTICLE 17
Services rendered under existing contracts
No payment is due under the provisions of this Convention unless the services rendered
exceed what can be reasonably considered as due performance of a contract entered into before
the danger arose.
ARTICLE 18
The effect of salvor's misconduct
A salvor may be deprived of the whole or part of the payment due under this Convention
to the extent that the salvage operations have become necessary or more difficult because of fault
or neglect on his part or if the salvor has been guilty of fraud or other dishonest conduct.
ARTICLE 19
Prohibition of salvage operations
Services rendered notwithstanding the express and reasonable prohibition of the owner or master
of the vessel or the owner of any other property in danger which is not and has not been on board
the vessel shall not give rise to payment under this Convention.
CHAPTER IV - CLAIMS AND ACTIONS
ARTICLE 20
Maritime lien
1. Nothing in this Convention shall affect the salvor's maritime lien under any international
convention or national law.
2. The salvor may not enforce his maritime lien when satisfactory security for his claim,
including interest and costs, has been duly tendered or provided.
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ARTICLE 21
Duty to provide security
1. Upon the request of the salvor a person liable for a payment due under this Convention
shall provide satisfactory security for the claim, including interest and costs of the salvor.
2. Without prejudice to paragraph 1, the owner of the salved vessel shall use his best
endeavours to ensure that the owners of the cargo provide satisfactory security for the claims
against them including interest and costs before the cargo is released.
3. The salved vessel and other property shall not, without the consent of the salvor, be
removed from the port or place at which they first arrive after the completion of the salvage
operations until satisfactory security has been put up for the salvor's claim against the relevant
vessel or property.
ARTICLE 22
Interim payment
1. The tribunal having jurisdiction over the claim of the salvor may, by interim decision,
order that the salvor shall be paid on account such amount as seems fair and just, and on such
terms including terms as to security where appropriate, as may be fair and just according to the
circumstances of the case.
2. In the event of an interim payment under this article the security provided under article
21 shall be reduced accordingly.
ARTICLE 23
Limitation of actions
1. Any action relating to payment under this Convention shall be time-barred if judicial or
arbitral proceedings have not been instituted within a period of two years. The limitation period
commences on the day on which the salvage operations are terminated.
2. The person against whom a claim is made may at any time during the running of the
limitation period extend that period by a declaration to the claimant. This period may in the like
manner be further extended.
3. An action for indemnity by a person liable may be instituted even after the expiration of
the limitation period provided for in the preceding paragraphs, if brought within the time allowed
by the law of the State where proceedings are instituted.
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ARTICLE 24
Interest
The right of the salvor to interest on any payment due under this Convention shall be
determined according to the law of the State in which the tribunal seized of the case is situated.
ARTICLE 25
State-owned cargoes
Unless the State owner consents, no provision of this Convention shall be used as a basis
for the seizure, arrest or detention by any legal process of, nor for any proceedings in rem
against, non-commercial cargoes owned by a State and entitled, at the time of the salvage
operations, to sovereign immunity under generally recognised principles of international law.
ARTICLE 26
Humanitarian cargoes
No provision of this Convention shall be used as a basis for the seizure, arrest or
detention of humanitarian cargoes donated by a State, if such State has agreed to pay for salvage
services rendered in respect of such humanitarian cargoes.
ARTICLE 27
Publication of arbitral awards
States Parties shall encourage, as far as possible and with the consent of the parties, the
publication of arbitral awards made in salvage cases.
PART II
PROVISIONS HAVING EFFECT IN CONNECTION WITH CONVENTION
Interpretation
1. In this Part of this Schedule "the Convention" means the Convention as set out in Part I
of this Schedule and any reference to a numbered article is a reference to the article of the
Convention which is so numbered.
Assistance to persons in danger at sea
2. (1) The master of a vessel who fails to comply with the duty imposed on him by article
10, paragraph 1 commits an offence and shall be liable
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(a) on summary conviction, to a fine of $10,000 or to imprisonment for a term of six
months or both;
(b) on conviction on indictment, to a fine of $50,000 or to imprisonment for a term of
two years, or both.
(2) Compliance by the master of a vessel with that duty shall not affect his right or the
right of any other person to a payment under the Convention or under any contract.
The reward and special compensation: the common understanding
3. In fixing a reward under article 13 and assessing special compensation under article 14
the court or arbitrator is under no duty to fix a reward under article 13 up to the maximum
salved value of the vessel and other property before assessing the special compensation to be
paid under article 14.
Recourse for life salvage payment
4. (1) This paragraph applies where
(a) services are rendered wholly or in part in Bermuda waters in saving life from a
vessel of any nationality or elsewhere in saving life from any Bermuda ship; and
(b) either
(i) the vessel and other property are destroyed, or
(ii) the sum to which the salvor is entitled under article 16, paragraph 2 is less
than a reasonable amount for the services rendered in saving life.
(2) Where this paragraph applies, the Minister may, if he thinks fit, pay to the salvor
such sum or, as the case may be, such additional sum as he thinks fit in respect of the services
rendered in saving life.
Meaning of 'judicial proceedings"
5. References in the Convention to judicial proceedings are references to proceedings in the
Supreme Court; and any reference to the tribunal having jurisdiction (so far as it refers to judicial
proceedings) shall be construed accordingly.
Meaning of "State Party"
6. An order made by the Minister for the purposes of this paragraph and declaring that any
State specified in the order is a party to the Convention in respect of a specified country shall,
subject to the Provisions of any subsequent order made for those purposes, be conclusive
evidence that the State is a party to the Convention in respect of that country.
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SCHEDULE 8
(Sections 251, 252)
PART I
REGISTRATION AND TONNAGE FEES
(Ships other than ships chartered-in by demise)
CARGO SHIPS
1. In respect of one ship —
(a) not exceeding 10,000 tons:
registration fee $ 3,000.00
tonnage fee $ 3,000.00
(b) exceeding 10,000 tons but not exceeding 50,000
tons:
registration fee $ 3,000.00 plus
an additional
fee of 30
cents for each
ton in excess of
10,000 tons
tonnage fee $ 3,000.00 plus
an additional
fee of 22
cents for each
ton in excess of
10,000 tons
(c) exceeding 50,000 tons:
registration fee $15,000.00
tonnage fee $11,800.00
plus an addi-
tional fee of 17
cents per ton
for each ton in
excess of
50,000 tons
subject to a
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maximum of
$30,000.00
2. In respect of a second ship, being in the same ownership or management, registered at
the time of registration of the first ship or within 12 months of such registration —
(a) not exceeding 10,000 tons:
registration fee $ 2,000.00
tonnage fee $ 3,000.00
(b) exceeding 10,000 tons but not exceeding 50,000 tons:
registration fee $ 2,000.00 plus
an additional
fee of 20 cents
per ton in
excess of
10,000 tons
tonnage fee $ 3,000.00 plus
an additional
fee of 22 cents
per ton for each
ton in excess of
10,000 tons
(c) exceeding 50,000 tons:
registration fee $10,000.00
tonnage fee $11,800.00
plus an addi-
tional fee of 17
cents per ton
for each ton in
excess of
50,000 tons
subject to
a maximum of
$30,000.00
3. In respect of a third or subsequent ship being in the same ownership or management,
registered at the time of registration of the first ship or within 36 months of such registration —
(a) not exceeding 10,000 tons:
registration fee $ 1,000.00
tonnage fee $ 3,000.00
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(b) exceeding 10,000 tons but not exceeding 50,000 tons:
registration fee $ 1,000.00
tonnage fee $ 3,000.00 plus
an additional
fee of 22 cents
per ton for each
ton in excess of
10,000 tons
(c) exceeding 50,000 tons:
registration fee $ 1,000.00
tonnage fee $11,800.00
plus an addi-
tional fee of 17
cents per ton
for each ton in
excess of
50,000 tons
subject to a
maximum of
$30,000.00
PASSENGER SHIPS
1. Passenger ships engaged in long international voyages and issued with Class I passenger
ship safety certificates —
(a) not exceeding 10,000 tons:
registration fee $ 6,000.00
tonnage fee $ 7,000.00
(b) exceeding 10,000 tons:
registration fee $ 6,000.00 plus
an additional
fee of 35 cents
for each ton in
excess of
10,000 tons
tonnage fee $ 7,000.00 plus
an additional
fee of 30
cents for each
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ton in excess of
10,000 tons.
2. Passenger ships engaged in short international voyages and issued with Class II
passenger ship safety certificates
(a) not exceeding 10,000 tons:
registration fee $ 4,000.00
tonnage fee $ 4,000.00
(b) exceeding 10,000 tons:
registration fee $ 4,000.00 plus
an additional
fee of 40 cents
for each ton in
excess of
10,000 tons
tonnage fee $ 4,000.00 plus
an additional
fee of 35
cents for each
ton in excess of
10,000 tons.
YACHTS
1. Pleasure yachts —
(a) if owned by a body corporate
(i) not exceeding 15 tons:
registration fee $ 825.00
tonnage fee $ 550.00
(ii) exceeding 15 tons but not exceeding 100 tons:
registration fee $ 1,650.00
tonnage fee $ 1,375.00
(iii)exceeding 100 tons:
registration fee $ 3,300.00
tonnage fee $ 2,750.00
(b) if owned by a person other than a body corporate —
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(i) not exceeding 15 tons:
registration fee $ 165.00
tonnage fee Nil
(ii) exceeding 15 tons but not exceeding 100 tons:
registration fee $ 330.00
tonnage fee Nil
(iii)exceeding 100 tons:
registration fee $ 660.00
tonnage fee Nil.
2. Yachts of 24 metres or over in registered length engaged in commercial activity —
registration fee $ 5,000.00
tonnage fee $ 3,750.00
PART II
REGISTRATION AND TONNAGE FEES
(Ships chartered-in by demise)
CARGO SHIPS
1. In respect of one ship —
(a) not exceeding 10,000 tons:
registration fee $ 2,000.00
tonnage fee
(i) in respect of ships registered
before 1 April 1999 $ 2,875.00
(ii) in respect of ships registered
on or after 1 April 1999 $ 3,000.00
(b) exceeding 10,000 tons but not exceeding 50,000 tons:
registration fee $ 2,000.00 plus
an additional
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fee of 20 cents
for each ton in
excess of
10,000 tons
tonnage fee
(i) in respect of ships registered
before 1 April 1999 $ 6,750.00
(ii) in respect of ships registered
on or after 1 April 1999 $ 3,000.00 plus
an additional
fee of 22 cents
for each ton in
excess of
10,000 tons
(c) exceeding 50,000 tons:
registration fee $10,000.00
tonnage fee
(i) in respect of ships registered
before 1 April 1999 $10,500.00
(ii) in respect of ships registered
on or after 1 April 1999 $11,800.00
plus an addi-
tional fee of 17
cents per ton
for each ton in
excess of
50,000 tons
subject to a
maximum of
$30,000.00
2. In respect of a second ship, being in the same ownership or management, registered at
the time of registration of the first ship or within 12 months of such registration —
(a) not exceeding 10,000 tons:
registration fee $ 1,500.00
tonnage fee
(i) in respect of ships registered
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before 1 April 1999 $ 2,875.00
(ii) in respect of ships registered
on or after 1 April 1999 $ 3,000.00
(b) exceeding 10,000 tons but not exceeding 50,000 tons:
registration fee $ 1,500.00 plus
an additional
fee of 15 cents
per ton in
excess of
10,000 tons tonnage fee
(i) in respect of ships registered
before 1 April 1999 $ 6,750.00
(ii) in respect of ships registered
after 1 April 1999 $ 3,000.00 plus
an additional
fee of 22 cents
per ton for
each ton in
excess of
10,000 tons
(c) exceeding 50,000 tons:
registration fee $ 7,500.00
tonnage fee
(i) in respect of ships registered
before 1 April 1999 $10,500.00
(ii) in respect of ships registered
on or after 1 April 1999 $11,800.00
plus an
additional fee of
17 cents per
ton for each
ton in excess of
50,000 tons
subject to a
maximum of
$30,000.00
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3. In respect of a third or subsequent ship being in the same ownership or management,
registered at the time of registration of the first ship or within three years of such registration —
(a) not exceeding 10,000 tons:
registration fee $ 1,000.00
tonnage fee
(i) in respect of ships registered
before 1 April 1999 $ 2,875.00
(ii) in respect of ships registered
on or after 1 April 1999 $ 3,000.00
(b) exceeding 10,000 tons but not exceeding 50,000 tons:
registration fee $ 1,000.00
tonnage fee
(i) in respect of ships registered
before 1 April 1999 $ 6,750.00
(ii) in respect of a ship registered
on or after 1 April 1999 $ 3,000.00 plus
an additional
fee of 22
cents per ton
for each ton in
excess of
10,000 tons
(c) exceeding 50,000 tons:
registration fee $ 1,000.00
tonnage fee
(i) in respect of ships registered
before 1 April 1999 $10,500.00
(ii) in respect of ships registered
on or after 1 April 1999 $11,800.00
plus an
additional fee of
17 cents per
ton for each
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ton in excess of
50,000 tons
subject to a
maximum of
$30,000.00
PASSENGER SHIPS
1. Passenger ships engaged in long international voyages and issued with Class I passenger
ship safety certificates
(a) not exceeding 10,000 tons:
registration fee $ 6,000.00
tonnage fee $ 7,000.00
(b) exceeding 10,000 tons:
registration fee $ 6,000.00 plus
an additional
fee of 35 cents
for each ton in
excess of
10,000 tons
tonnage fee $ 7,000.00 plus
an additional
fee of 30 cents
for each ton in
excess of
10,000 tons.
2. Passenger ships engaged in short international voyages and issued with Class II
passenger ship safety certificates
(a) not exceeding 10,000 tons:
registration fee $ 4,000.00
tonnage fee $ 4,000.00
(b) exceeding 10,000 tons:
registration fee $ 4,000.00 plus
an additional
fee of 40 cents
for each ton in
excess of
10,000 tons
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tonnage fee $ 4,000.00 plus
an additional
fee of 35 cents
for each ton in
excess of
10,000 tons.
YACHTS
Yachts of 24 metres or over in registered length engaged in commercial activity:
registration fee $ 5,000.00
tonnage fee $ 3,750.00".
SCHEDULE 9
(Section 255(1))
REPEALS
Short tile Extent of repeal
Merchant Shipping Act 1894 ( 57
& 58 Vict. c.60) as applied in
Bermuda
Those provisions of the Act that
apply in Bermuda shall cease to
have effect
Wreck Removal Act 1935 The whole Act
Wreck and Salvage Act 1959 Part I (sections 1 to 27)
Merchant Shipping Act 1973 The whole Act
Merchant Shipping Act 1979 The whole Act
Merchant Shipping and Demise
Charter Act 1994
The whole Act
Merchant Shipping and Demise
Charter (Registration and
Tonnage Fees) Act 1994
The whole Act
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SCHEDULE 10
(Section 255(2))
CONSEQUENTIAL AMENDMENTS
Evidence Act 1905
1. In section 50 (1), for "any Act of the Parliament of the United Kingdom relating to the
registry of British ships" where it occurs there is substituted "Part IV of the Merchant Shipping
Act 2002".
Bermuda Immigration and Protection Act 1956
2. For section 52 there is substituted the following
"Restriction on signing on and off seamen
52. (1) The master of a ship shall not in Bermuda sign a seaman on or off the ship
without the previous permission in writing of the Minister.
(2) Subsection (1) shall not apply in relation to any person who possesses
Bermudian status.
(3) In this section "master", "seaman" and "ship" shall have the same meaning as in
the Merchant Shipping Act 2002.".
Marine Board Act 1962
3. In section 41(1), for "Acts of the Parliament of the United Kingdom entitled the Imperial
Merchant Shipping Acts" substitute "Merchant Shipping Act 2002".
Crown Proceedings Act 1966
4. In section 1 there is omitted the definition of "the Imperial Merchant Shipping Acts".
5. In section 7, for "Imperial Merchant Shipping Acts" there is substituted "the Merchant
Shipping Act 2002".
6. For section 5, there is substituted the following
"Crown ships: sections 181 and 182 of Merchant Shipping Act 2002 apply
5. (1) Sections 181 and 182 of the Merchant Shipping Act 2002 and Schedule 6 shall
apply in relation to Her Majesty's ships as they apply in relation to other ships.
MERCHANT SHIPPING ACT 2002
234
(2) In this section "ships" has the same meaning as in the Merchant Shipping Act
2002.".
Maritime Security Act 1997
7. In section 24
(a) for "registered under the Merchant Shipping Act 1988" in subsection (7)(a), there is
substituted "appointed";
(b) for "1988" in subsection (9), there is substituted "2002".
SCHEDULE 11
(Section 255(3))
SAVING AND TRANSITIONAL PROVISIONS
References to registration in other legislation
1. Any reference in a provision of any Act other than this Act (not being an Act amended by
Schedule 10), or in any instrument made under any such other Act to the registration of a ship
under Part I of the Merchant Shipping Act 1894 of the United Kingdom as applied in Bermuda
shall be construed, unless the context otherwise requires, as, or as including, a reference to
registration under Part IV of this Act; and connected phrases shall be construed accordingly.
References to repealed legislation re-enacted by this Act
2. Any reference in a provision of any Act other than this Act (not being an Act amended by
Schedule 10), or in any instrument made under any such other Act to an enactment repealed by
section 255 and Schedule 9 or revoked by the Merchant Shipping (Revocation) (Bermuda) Order
2002, shall be construed, unless the context otherwise requires, as, or as including, a reference
to the provisions re-enacted by this Act; and connected phrases shall be construed accordingly.
Saving of subsidiary legislation made under repealed legislation
3. Where this Act has re-enacted with or without modification an enactment repealed by
section 255 and Schedule 9 then, unless the contrary intention appears, in so far as any
subsidiary legislation made or other thing done under the repealed enactment, or having effect as
if so made or done, could have been made or done under the provision re-enacted, it shall have
effect as if made or done under that provision.
MERCHANT SHIPPING ACT 2002
235
4. Notwithstanding the revocation, by the Merchant Shipping (Revocation) (Bermuda) Order
2002, of the United Kingdom statutory instruments listed in the table below, insofar as any
subsidiary legislation made or other thing done under the revoked instruments, or having effect
as if so made or done, could have been made or done under a provision of this Act then, unless
the contrary intention appears, it shall have effect as if made or done under that provision.
Table of revoked United Kingdom statutory instruments
(a) The Prevention of Oil Pollution Act 1971 (Bermuda) Order 1980 (S.I.
1980/1520);
(b) The Merchant Shipping (Safety Convention) (Bermuda) Order 1973 (S.I.
1973/1315);
(c) The Merchant Shipping (Safety Convention) (Bermuda) (No 2) Order 1973
(S.I. 1973/1316);
(d) The Merchant Shipping (Load Lines) (Bermuda) Order 1975 (S.I. 1975/412);
(e) The Merchant Shipping Act 1979 (Bermuda) Order 1980 (S.I. 1980/1510);
(f) The Prevention of Oil Pollution (Enforcement of Convention) Bermuda) Order
1980 (S.I. 1980/1521);
(g) The Prevention of Oil Pollution (Shipping Casualties) (Bermuda) Order 1980
(S.I. 1980/1522);
(h) The Carriage of Goods by Sea (Bermuda) (Order) 1982 (S.I. 1982/1662);
(i) The Merchant Shipping (Tonnage) (Bermuda) Order 1982 (S.I. 1982/1667);
(j) The Merchant Shipping (Prevention of Oil Pollution) (Bermuda) Order 1988
(S.I. 1988/788);
(k) The Merchant Shipping Act 1988 (Bermuda) Order 1991 (S.I. 1991/1703);
(l) The Merchant Shipping (Prevention and Control of Pollution) (Bermuda)
Order 1992 (S.I. 1992/2668); and
(m) The Merchant Shipping (Oil Pollution) (Bermuda) Order 1997 (S.I.
1997/2581).
