Merchant Shipping Act (Gibraltar)

Merchant Shipping Act

Published: 1935-06-27

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Merchant Shipping

1935-09

MERCHANT SHIPPING ACT

Principal Act

Act. No. 1935-09 Commencement 27.6.1935

Assent 27.6.1935

Amending

enactment

Relevant current

provisions

Commencement

date

Acts. 1950-11 s.162(2)

1950-17 ss.2, 181-185 and 193(1)

1951-12 ss.122(1) and 123(1)

1952-16 –

1954-19 ss.14, 15 and 18(1)

1960-13 s.221(1)

1960-37 ss.167, 180(3), 189, 192 and 203

1962-20 ss.12(1), 57-61 and 224

1965-17 ss.68(1), 92(1), and 102

1969-06 ss.184(3) and (4)

Notice of 1.8.1969 Sch. 1

LNs. 1971/053 s.184(2)

1975/112 –

1976/122 –

1978/014 –

1979/073 –

1979/103 Sch. 1

1980/066 –

Act. 1981-03 s.45(1)

LNs. 1981/067 Sch. 1

1982/038 Sch. 1

Act. 1983-48 ss.2(1), 42(1) and 100

1984-15 s.221A 10.12.1984

LN. 1987/061 Sch. 1 19.3.1987

Act. 1987-04 ss.49(6), 204A, 222A, Sch.1 30.7.1987

1988-02 ss.2, 3, 3A to 3H, 4, 5, 7, 8, 9, 10,

11, 20, 29, 36, 42, 53, 56, 80,

81, Pt. III, s.101A, ss. 121 to

132, ss.133, 134, Pt. VI, ss.

141, 204, 204A, 208, 223, 224,

Pt. XIII, Sch. 3 and Sch. 4

17.6.1988

1988-19 ss. 204A, 204B to 204I 24.11.1988

1990-13 ss. 3H, 33, 35, 101B to 101E, 3.5.1990

Merchant Shipping

1935-09

142A, 204, Sch. 3

1995-12 ss. 204A to 204I, Sch. 1 1.12.1997

1998-18 ss. 153, 171A, 174(4), 176(2A),

Sch. 5.

2.4.1998

1999-10 Pt. VA, ss. 132A to 132R, Sch.

25.3.1999

2002-24 ss. 2(1), 3A, 3B, 3C, 3D, 3E, 3F,

3G and 3H, Part VA s 132A to

132R, 181(g)(h), 183, 184,

223A. Schedules 1A and 3

1.3.2003

2004-36 s.2(1) 29.11.2004

2007-17 ss. 5(1), 5(2), 6, 7(1) & (2), 8(2),

9, 13(1), (2) & (4), 16, 27(1), 28,

31(1), 39(1), 40(2) 40(3), 56,

57(1) & (2), 65, 68(1), 69(2),

70(1), 71, 72(2), 73(1), 75(1),

76(1), 76(2), 77(1) & (2), 78(1),

84(1), 84(2), 85(1), 85(2),

101A(3) & (4), 102, 105(3), 106,

109(1), 116(1), (2), (3) & (6),

117(3), 118(1) & (2), 119(1),

120(3), 120(6), 122(2), 136(1),

137(1), (2), (5), (6) & (8), 139,

140, 142(1) & (3), 144(1), 145,

146(1) & (2), 149, 150(5), (6) &

(7), 152, 158(2), 164(2), 165(1),

173(3), 177(2), 178(1), 178(3),

179(1), (2), 180(1), 181, 182(1),

188(5), 188(6), 204(1), 206, 212,

213(1), 213(2), 214(1), (2). (3) &

(5), 216(1), 218, 220, 222(2), 223,

224(1), 224(2), 224(3), 225(3) &

(4), 225(5)

14.6.2007

LN. 2015/070 ss. 179A-179T & Sch. 6 16.4.2015

Act. 2016-09 ss. 180-203, 221A 10.3.2016

Notes: Rules of court made under s.148 and under other powers appear

under the title Supreme Court.

Delegation to the Captain of the Port of the powers of the Governor under

s.220 by notice of 16 March 1964 appears under the title Interpretation and

General Clauses.

Transposing:

EU Legislation/International Agreements involved:

Nairobi International Convention on the Removal of Wrecks, 2007

Merchant Shipping

1935-09

English sources

Merchant Shipping Act 1894 (57 & 58 Vict. c.60)

Merchant Shipping Act 1897 (60 & 61 Vict. c.59)

Wireless Telegraphy Act 1904 (4 Edw.7 c.24)

Merchant Shipping Act 1906 (6 Edw.7 c.48)

Merchant Shipping (Seaman’s Allotment) Act 1911 (1 & 2 Geo.5 c.8)

Pilotage Act 1913 (2 & 3 Geo.5 c.31)

Merchant Shipping (Wireless Telegraphy) Act 1919 (9 & 10 Geo.5 c.38)

Merchant Shipping Acts Amendment Act 1923 (13 & 14 Geo.5 c.38)

Merchant Shipping (International Labour Conventions) Act 1925 (15 & 16

Geo.5 c.42)

Criminal Justice Act 1925 (15 & 16 Geo.5 c.86)

Merchant Shipping (Line–throwing Appliance) Act 1923 (18 & 19 Geo.5

c.40)

Merchant Shipping (Safety and Load Line Conventions) Act 1932 (22 & 23

Geo.5 c.9)

Milford Haven Conservancy Act 1958 (6 & 8 Eliz.2 c.23)

Merchant Shipping

1935-09

ARRANGEMENT OF SECTIONS.

Section

1. Short title.

2. Interpretation.

PART I.

MASTERS AND SEAMEN.

Certificates of Competency.

3. Certificates of competency to be held by officers of ships.

3A- 3H. Revoked.

4. Certification of coswains, etc.

5. Examination for certificates of competency.

6. Fees on examination.

7. Grant of certificates on passing examination.

8. Form and record of certificate.

9. Loss of certificate.

10. Production of certificates of competency.

11. Forgery of certificate of competency.

Engagement of Seamen.

12. Agreements with crew.

13. Form, period, and conditions of agreements with crew.

14. Special provisions as to agreements with crew of foreign-going

ships.

15. Special provisions as to agreements with crew of home-trade ships.

16. Changes in crew of foreign-going ship to be reported.

17. Delivery of agreements with crew of foreign-going ship.

18. Delivery of agreements with grew of home-trade ship.

19. Copy of agreement to be made accessible to crew.

20. Forgery of agreements with crew.

21. Alterations in agreements with crew.

22. Seamen not to be bound to produce agreement.

23. Engagement of seamen in colonial and foreign ports.

24. Rating of seamen.

25. Notice of disrating of seamen.

Discharge of seamen.

26. Discharge before the superintendent.

27. Certificate of discharge and return of certificate to officer on

discharge.

Merchant Shipping

1935-09

28. Reports of seaman’s character.

29. False or forged certificate of discharge or report of character.

Payment of Wages.

30. Payment of wages before superintendent.

31. Master to deliver account of wages.

32. Deductions from wages of seamen.

33. Account of wages under crew agreement.

34. Time of payment of wages for home-trade ships.

35. Payment of seamen’s wages.

36. Decision of questions by superintendent.

37. Power of superintendent to require production of ship’s papers.

38 Rule as to payment of British seamen in foreign money.

Advance and Allotment of Wages.

39. Advance notes restricted.

40. Regulations as to allotment notes.

41. Further provisions as to allotment notes.

42. Right of suing on allotment notes.

Rights of seamen in respect of Wages.

43. Right to wages, etc., when to begin.

44. Right to recover wages and salvage not to be forfeited.

45. Wages not to depend on freight.

46. Wages on termination of service by wreck or illness.

47. Wages not to accrue during refusal to work or imprisonment.

48. Forfeiture of wages, etc., of seaman when illness caused by his own

default.

49. Expenses of medical attendance in case of injury or illness.

50. Costs of procuring punishment may be deducted from wages.

51. Compensation to seamen improperly discharged.

52. Restriction on sale of, and charge upon, wages.

53. Summary proceedings for wages.

54. Remedies of master for wages, disbursements and other liabilities.

55. Forgery of documents, etc., for purpose of obtaining property of

deceased seamen.

56. Appointment of medical inspectors,, etc., and fees for services

thereof.

Official Logs.

57. Official logs to be kept and to be evidence.

58. Entries required in official log-book.

59. Offences in respect of official logs.

Merchant Shipping

1935-09

60. Delivery of official logs to the superintendent.

61. Official logs to be sent to the superintendent in case of transfer of

ship or of loss.

Provisions as to Discipline.

62. Misconduct endangering life or ship.

63. Penalty on stowaways, and discipline of stowaways and seamen

carried under compulsion.

64. Documents to be handed over to successor on change of master.

65. Application of Part I.

PART II.

PASSENGER SHIPS.

66. Interpretation of Part II.

67. Passengers landed or embarked by means of tenders.

68. Annual survey of passenger steamers.

69. Mode of survey and declaration of survey.

70. Transmission of declaration.

71. Issue of passenger steamer’s certificate.

72. Appeal to court of survey.

73. Transmission of certificate.

74. Fees for certificate.

75. Duration of certificates.

76. Cancellation of certificates.

77. Alteration of ships and additional surveys.

78. Delivery up of certificate.

79. Posting up of certificate.

80. Penalty for forgery of a certificate or declaration.

81. Penalty for carrying passengers in excess.

82. Overcrowding of passenger steamers

83. Penalty on master or owner for non-compliance with provisions as

to passenger steamers.

84. Exemption from survey, etc., of passenger steamer in certain cases.

General Equipment of Passenger Steamers.

85. Equipment of passenger steamers with compasses, deck shelters

and safety appliances.

86. Prohibition of increasing weight on safety valve.

Keeping Order in Passenger Steamers.

87. Offences in connection with passenger steamers.

88. Power to exclude drunken passengers on home-trade passenger

steamers.

Merchant Shipping

1935-09

Returns of Passengers.

89. Return to be furnished by masters of ships as to passengers.

PART III.

WIRELESS TELEGRAPHY ON SHIPS.

90. Interpretation.

91. Wireless telegraphy requirements.

92. Wireless telegraphy rules.

93. Offences.

94. Duty of persons in charge of wireless stations.

95. Inspection of ships to see that provisions relating to wireless

telegraphy are complied with.

96. Survey of ships other than passenger steamers by wireless

telegraphy surveyors.

97. Issue of wireless telegraphy certificates and wireless telegraphy

exemption certificates.

98. No proceeding to sea without certificate.

99. Miscellaneous provisions as to wireless certificates.

100. Provisions of Act in addition to existing provisions.

101. Application of Part III to ships not registered in Gibraltar.

PART IV.

SAFETY AT SEA.

Life-Saving Appliances.

101A. Convention for the Safety of Life at Sea.

101B. Saving.

101C. Owner and master liable in respect of dangerously unsafe ship.

101D. Owner liable for unsafe operation of ship.

101E. Conduct endangering ships, structures or individuals.

102. Rules as to life-saving appliances.

103. Duties of owners and masters as to carrying life-saving appliances.

104. Penalty for breach of rules.

105. Survey of ship with respect to life-saving appliances.

106. Power to apply rules as to life-saving appliances to foreign ships in

certain cases.

General Equipment.

107. Adjustment of compasses and provision of hose.

108. Placing undue weight on safety valve.

109. Provision of signals of distress and inextinguishable lights.

Merchant Shipping

1935-09

Dangerous Goods.

110. Restrictions on carriage of dangerous goods.

111. Penalty for misdescription of dangerous goods.

112. Power to deal with goods suspected of being dangerous.

113. Forfeiture of dangerous goods improperly sent or carried.

114. Saving for other enactments relating to dangerous goods.

115. Obligation of shipowner to crew with respect to use of reasonable

efforts to secure seaworthiness.

116. Power to detain unsafe ships, and procedure for detention.

117. Liability for costs and damages.

118. Power to require from complainant security for costs.

119. Application to foreign ships of provisions as to detention.

120. Survey of ships alleged by seamen to be unseaworthy.

PART V.

PROVISIONS RELATING TO LOAD LINES.

121. Implementation of Merchant Shipping (Load Lines) Act 1967, etc.

122. Exemptions.

123. Revoked

124. Revoked

125. Revoked

126. Revoked

127. Revoked

128. Revoked

129. Revoked

130. Revoked

131. Revoked

132. Revoked

PART VA.

IMPLEMENTATION OF COUNCIL DIRECTIVE 95/21/EC.

132A - 132R. Revoked.

PART VI.

SPECIAL PROVISIONS RELATING TO

PART V.

133. Notice to be given to consular officer where proceedings taken in

respect of foreign ships.

134. Cost of detaining ships.

PART VII.

SPECIAL SHIPPING INQUIRIES

AND COURTS.

Merchant Shipping

1935-09

Inquiries and Investigations as to Shipping Casualties.

135. General power of inquiry or investigation into shipping casualties

and conduct of officers.

136. Preliminary inquiry into shipping casualties.

137. Formal investigation of shipping casualties.

138. Method of conducting formal investigations.

139. Inquiry in case of loss of life from fishing vessel’s boat.

Power as to Certificates of Officers and Others.

140. Power of Minister responsible for shipping as to certificate.

141. Power of court of investigation or inquiry as to certificate.

142. Inquiry into conduct of certificated officer.

142A. Power to summon witness to inquiry.

143. Removal of master by Supreme Court.

144. Delivery of certificate cancelled or suspended.

145. Power of Minister responsible for shipping to restore certificate.

Rehearing of Investigations and Inquiries.

146. Rehearing of inquiries and investigations.

Supplemental Provisions as to Investigations

and Inquiries.

147. Appeal from decision on investigation as to shipping casualties.

148. Rules of court.

Court of Survey.

149. Constitution of court of survey.

150. Power and procedure of court of survey.

151. Rules for procedure of court of survey, etc.

Payments to Officers of Courts.

152. Payments to officers of courts.

PART VIII.

WRECK AND SALVAGE.

Vessels in Distress.

153. Interpretation.

154. Duty of receiver where vessel in distress.

155. Powers of receiver in case of vessels in distress.

Merchant Shipping

1935-09

156. Power of receiver to suppress plunder and disorder by force.

157. Exercise of powers of receiver in his absence.

158. Examination in respect of ships in distress.

Dealing with Wreck.

159. Provision as to wreck found in Gibraltar.

160. Penalty for taking wreck at time of casualty.

161. Notice of wreck to be given by receiver.

162. Claims of owners to wreck.

163. Immediate sale of wreck by receiver in certain cases.

164. Rights of Crown to and disposal of unclaimed wreck.

165. Removal of wreck by receiver and recovery of expenditure.

166. Powers of removal to extend to tackle, cargo, etc.

167. Protection of crown interests in wrecks.

Offences in Respect of Wreck.

168. Taking wreck to foreign port.

169. Interfering with wrecked vessel or wreck.

170. Summary procedure for concealment of wreck.

Salvage.

171. Salvage payable for saving life.

171A. Convention on Salvage to have force of law.

172. Salvage of cargo or wreck.

173. Valuation of property by receiver.

174. Detention of property liable for salvage by a receiver.

175. Sale of detained property by receiver.

176. Apportionment of salvage under £200 by receiver.

Appointment of Receiver of Wreck.

177. Appointment of receiver of wreck and his deputy.

Fees of Receiver of Wreck.

178. Receivers’ fees.

Duties on Wreck.

179. Provisions as to duty on wrecked goods.

PART VIIIA.

WRECK REMOVAL CONVENTION.

Merchant Shipping

1935-09

Preliminary

179A. Scope of Part: Wreck Removal Convention.

179B. Interpretation of Part.

Report, marking and removing

179C. Wreck reports.

179D. Locating and marking wrecks.

179E. Removal by registered owner.

179F. Conditions about removal.

179G. Removal in default.

179H. Liability for costs.

179I. Limitation period.

Insurance

179J. Wreck removal insurance.

179K. Failure to insure.

179L. Detention of ships.

179M. Production of certificates.

179N. Issue of certificates.

179O. Cancellation of certificates.

179P. Third party rights against insurers.

179Q. Electronic certificates.

179R. Government ships.

179S. Saving.

179T. Regulations.

PART IX.

PILOTAGE.

180-203 Repealed.

PART X.

EMPLOYMENT OF ALIENS IN

BRITISH SHIPS.

204. Aliens as masters of British ships.

PART XA.

REGISTRATION.

204A. Repealed.

204B. Repealed.

204C. Repealed.

Merchant Shipping

1935-09

204D. Repealed.

204E. Repealed.

204F. Repealed.

204G. Repealed.

204H. Repealed.

204I. Repealed.

PART XI.

LEGAL PROCEEDINGS.

205. Prosecution of offences.

206. Legal proceedings.

207. General penalty.

208. Enforcing detention of ship.

209. Sums ordered to be paid leviable by distress on ship.

210. Service of documents.

PART XII.

SUPPLEMENTAL.

General Control.

211. Superintendence of merchant shipping by Port Department.

212. Minister responsible for shipping may prescribe form s.

213. Offences as to use of forms.

Surveyors of Ships.

214. Appointment of surveyors.

215. Power of survey or for purpose of survey of ships.

216. Returns by surveyors to the Minister responsible for shipping.

Obstruction of Inspectors.

217. Penalty for obstructing inspectors in the execution of their duty.

General.

218. Application of Act to ships propelled by electricity.

219. Exemption of H.M.’s ships, etc.

220. Dispensing powers of the Minister responsible for shipping.

221A. Repealed.

221. Application of the Merchant Shipping Acts.

222. Disposal of fees, etc.

222A. Repealed.

223. Rule making powers.

Merchant Shipping

1935-09

223A. Regulations.

224. Power of Minister responsible for shipping to make rules, etc.

PART XIII.

MARPOL CONVENTION.

225. Implementation of The Merchant Shipping ( Prevention of Oil

Pollution) Regulations 1983

SCHEDULE 1.

Fees Payable.

SCHEDULE 1A.

containing Annexes I to VII to Council Directive 95/21/EC as amended by

Commission Directive 98/42/EC.

SCHEDULE 2.

Special Measurements for Passenger Ships plying not south of a line joining

Europa Point and Carnero Point.

SCHEDULE 3.

Modifications.

SCHEDULE 4.

Alteration of penalties

SCHEDULE 5.

International Convention on Salvage, 1989.

SCHEDULE 6

Nairobi International Convention on The Removal of Wrecks, 2007

Merchant Shipping

1935-09

AN ACT TO AMEND AND CONSOLIDATE THE LAW RELATING TO

MERCHANT SHIPPING.

Short title.

1. This Act may be cited as the Merchant Shipping Act.

Interpretation.

2. (1) In this Act, unless the context otherwise requires,–

“Admiralty pilot” means any officer of the Royal Navy and any other

person in the service of the Crown acting as a pilot under the orders

of the Senior Naval Officer or of the officer performing the duties

of Queen’s Harbour Master at Gibraltar;

“Bay of Gibraltar” means those waters commonly known as the Bay of

Gibraltar and limited on the south by an imaginary straight line

joining Europa Point and Carnero Point;

“foreign-going ship” includes every ship employed in trading or going

between Gibraltar and some place or places situate beyond the

following limits, that is to say, the continent of Europe between

Lisbon and Valencia inclusive, and the continent of Africa between

Agadir and Oran inclusive;

“home-trade ship” includes every ship employed in trading or going

between Gibraltar and some place or places situate within the

following limits, that is to say, the continent of Europe between

Lisbon and Valencia inclusive, and the continent of Africa between

Agadir and Oran inclusive;

“home-trade passenger ship” means every home-trade ship employed in

carrying passengers;

“Maritime Administrator” means the person appointed under section 3 of

the Gibraltar Merchant Shipping (Safety, etc.) Act, 1993;

“master” includes every person (except a pilot) having command or

charge of any ship;

“Merchant Shipping Acts” mean the Acts of Parliament which may be

cited as the Merchant Shipping Acts, 1894 to 1986, and any Acts

repealing or amending the same;

“Minister” means the Minister for the Port and Shipping;

Merchant Shipping

1935-09

“passenger” includes any person carried in a ship other than the master

and crew, and the owner, his family and servants, and persons on

board the ship either in pursuance of the obligation laid upon the

master to carry shipwrecked, distressed or other persons, or by

reason of any circumstances which neither the master nor the owner

nor the charterer (if any) could have prevented or forestalled;

“pilot” means any person not belonging to a ship who has the conduct

thereof; “Pilotage Administration Charge” means the charge

payable ‘ to the Pilotage Authority to defray the expenses thereof;

“Pilotage Authority” means the Authority established under section 182;

“Pilotage Fund” means the Fund established under section 184;

“seaman” includes every person (except masters, pilots and apprentices

duly indentured and registered), employed or engaged in any

capacity on board any ship;

“superintendent” means the Captain of the Port, his deputy, clerks or

other officers for the time being performing in Gibraltar the duties

of a superintendent under the Merchant Shipping Acts or this Act;

“tons” and “tonnage” mean respectively tons and tonnage calculated in

accordance with the rules for the time being in force for the

measurement of ships under the Merchant Shipping Acts;

“vessel” includes any ship or boat, or any other description of vessel used

in navigation;

“wages” includes emoluments.

(2) Any reference to failure to do any act or thing shall include a

reference to refusal to do that act or thing.

(3) In this Act references to a ship constructed before or after any date

shall be construed as references to a ship the keel of which has been laid

before or after that date, as the case may be.

PART I.

MASTERS AND SEAMEN.

Certificates of Competency.

Certificates of competency to be held by officers of ships.

Merchant Shipping

1935-09

3.(1) to (3) Revoked.

(4) Notwithstanding any other provisions of this Act, a British ship

carrying passengers and not proceeding outside the limits of the Bay of

Gibraltar, shall be deemed to be duly provided with officers in pursuance of

this section if it is provided with a duly certified coxswain instead of a

master, and a duly certified engine driver of a steam or motor launch, as the

case may be, instead of an engineer, and in such cases the provisions of this

Act shall apply mutatis mutandis to coxswains and engine drivers as they

apply to masters and engineers.

3A to 3H. Revoked.

Certification of coxswains, etc.

4.Subject to sections 5, 6, 7 and 8, certificates may be grated under this Act

to coxswains and engine drivers of motor launches.

Examination for certificates of competency.

5.(1) For the purpose of granting certificates under this Act to persons

desirous of obtaining the same, examinations shall be held at such places as

the Minister responsible for shipping may direct.

(2) The Minister responsible for shipping may appoint times for the

examinations and may appoint, remove and re-appoint examiners to conduct

the same, and determine the remuneration of those examiners, and may

regulate the conduct of the examinations and the qualification of the

applicants and may do all such acts and things as he may think expedient for

the purpose of the examinations.

Fees on examination.

6. An applicant for examination shall pay into the Treasury such fees, not

exceeding those specified in Table K of Schedule 1, as the Minister

responsible for shipping may direct.

Grant of certificates on passing examination.

7.(1) The Minister responsible for shipping shall, subject as hereinafter

mentioned, cause to be delivered to every applicant who is duly reported by

the examiners to have passed the examination satisfactorily, and to have

given satisfactory evidence of his sobriety, experience, ability and general

good conduct on board ship, such a certificate under section 4 as the case

requires.

(1894 c.60

s.96)

(s.97)

(s.98)

Merchant Shipping

1935-09

(2) The Minister responsible for shipping may in any case in which a

report appears to him to have been unduly made, remit the case either to the

examiners who made the report or to any other examiners, and may require a

re-examination of the applicant, or a further inquiry into his testimonials and

character, before granting a certificate.

Form and record of certificate.

8.(1) All certificates under section 4 shall be made in duplicate, one part

to be delivered to the person entitled to the certificate, and one to be

preserved.

(2) Such last-mentioned part of the certificate shall be preserved, and a

record of certificates under section 4 and the suspending, cancelling or

altering of the certificates and any other matter affecting them shall be kept,

in such manner as the Minister responsible for shipping may direct, by the

Captain of the Port.

(3) Any such certificate and any record under this section shall be

admissible in evidence in manner provided by the Merchant Shipping Acts.

Loss of certificate.

9. If a person to whom a certificate under section 4 has been granted proves

to the satisfaction of the Minister responsible for shipping that he has,

without fault on his part, lost or been deprived of a certificate already

granted to him, the Minister responsible for shipping shall, and in any other

case may, upon payment of such fee (if any) as he may direct, cause a copy

of the certificate to which, by the record kept in pursuance of this Act, he

appears to be entitled, to be certified by the Captain of the Port, and to be

delivered to him, and a copy purporting to be so certified shall have all the

effect of the original.

Production of certificates of competency.

10.(1) The master of a foreign-going ship –

(a) on signing the agreement with the crew before the

superintendent shall produce to him the certificates of

competency which the master, mates and engineers of the ship

are by the Regulations mentioned in sections 3A and 3B

required to hold; and

(b) in the case of a running agreement shall also, before the second

and every subsequent voyage, produce to the superintendent the

certificate of competency of any mate or engineer then first

(1894 c.60,

s.100)

(s.101)

(s.103)

Merchant Shipping

1935-09

engaged by him who is required by the Regulations mentioned

in sections 3A and 3B to hold a certificate.

(2) The master or owner of every home-trade passenger ship except

ships exclusively employed in trading in the Bay of Gibraltar shall produce

to the superintendent within twenty-one days after the 30th day of June and

the 3lst day of December in every year the certificates of competency which

the master, mates and engineers of the ship are by the Regulations

mentioned in sections 3A and 3B required to hold.

Forgery of certificate of competency.

11. A person who –

(a) forges or fraudulently alters, or assists in forging or

fraudulently altering, or procures to be forged or fraudulently

altered, any certificate of competency or a certificate under

section 4 , or an official copy of any such certificate; or

(b) makes, assists in making, or procures to be made, any false

representation for the purpose of procuring either for himself or

for any other person a certificate of competency or a certificate

under section 4; or

competency or a certificate under section 4 which has been

forged, altered, cancelled or suspended, or to which he is not

entitled; or

(d) fraudulently lends his certificate of competency or a certificate

under section 4 or allows it to be used by any other person,

is guilty of an offence and liable on summary conviction to imprisonment

for 6 months and a fine of £2,000 and on a conviction on indictment to

imprisonment for five years and a fine.

Engagement of Seamen.

Agreements with crew.

12.(1) The master of every British ship and of every ship of a foreign

country which has no consular officer resident in Gibraltar, shall enter into

an agreement (in this Act called an agreement with the crew) in accordance

with this Act with every seaman whom he carries to sea from Gibraltar:

(s.104)

(s.113)

Merchant Shipping

1935-09

Provided that this section shall not apply to the master of any ship of less

than twenty-five tons exclusively employed in trading within thirty miles of

Gibraltar.

(2) If a master of a ship carries any seaman to sea without entering into

an agreement with him in accordance with this Act, the master in the case of

a foreign-going ship, and the master or owner in the case of a home-trade

ship, is guilty of an offence and is liable on conviction to a fine of £400.

Form, period, and conditions of agreements with crew.

13.(1) An agreement with the crew shall be in a form approved by the

Minister responsible for shipping, and shall be dated at the time of the first

signature thereof, and shall be signed by the master before a seaman signs

the same.

(2) The agreement with the crew shall contain as terms thereof the

following particulars:–

(a) either the nature, and, as far as practicable, the duration of the

intended voyage or engagement, or the maximum period of the

voyage or engagement and the places or parts of the world (if

any) to which the voyage or engagement is not to extend;

(b) the number and description of the crew, specifying how many

are engaged as sailors;

work;

(d) the capacity in which each seaman is to serve;

(e) the amount of wages which each seaman is to receive;

(f) a scale of the provisions which are to be furnished to each

seaman; and

(g) any regulations as to conduct on board, and as to fines, short

allowances of provisions, or other lawful punishment for

misconduct which have been approved by the Minister

responsible for shipping as regulations proper to be adopted,

and which the parties agree to adopt.

(3) The agreement with the crew shall be so framed as to admit of such

stipulations, to be adopted at the will of the master and seaman in each case,

whether respecting the advance and allotment of wages or otherwise, as are

not contrary to law.

(s.114)

Merchant Shipping

1935-09

(4) If the master of a ship registered at a port out of Gibraltar has an

agreement with the crew made in due form according to the law of that port

or of the port in which her crew were engaged, and engages single seamen in

Gibraltar, those seamen may sign the agreement so made, and it shall not

then be necessary for them to sign an agreement in the form approved by the

Minister responsible for shipping.

Special provisions as to agreements with crew of foreign-going ships.

14. The following provisions shall have effect with respect to the

agreements with the crew made in Gibraltar in the case of foreign-going

ships registered either within or without Gibraltar:–

(a) the agreement shall (subject to the provisions of this Act as to

substitutes) be signed by each seaman in the presence of the

superintendent;

(b) the superintendent shall cause the agreement to be read over

and explained to each seaman, or otherwise ascertain that each

seaman understands the same before he signs it, and shall attest

each signature;

duplicate, and one part shall be retained by the superintendent,

and the other shall be delivered to the master, and shall contain

a special place or form for the descriptions and signatures of

substitutes or persons engaged subsequently to the first

departure of the ship;

(d) where a substitute is engaged in the place of a seaman who

duly signed the agreement, and whose services are within

twenty-four hours of the ship’s putting to sea lost by death,

desertion or other unforeseen cause, the engagement shall,

when practicable, be made before the superintendent, and,

when not practicable, the master shall, before the ship puts to

sea, if practicable, and if not, as soon afterwards as possible,

cause the agreement to be read over and explained to the

substitute, and the substitute shall thereupon sign the same in

the presence of a witness, and the witness shall attest the

signature;

(e) the agreements may be made for a voyage, or if the voyages of

the ship average less than six months in duration may be made

to extend over two or more voyages, and agreements so made

to extend over two or more voyages are in this Act referred to

as running agreements;

(s.115)

Merchant Shipping

1935-09

(f) running agreements shall not extend beyond the expiration of

the period of six months from the date of the agreement, or the

first arrival of the ship at Gibraltar after that date, or the

discharge of cargo consequent on that arrival;

(g) on every return to Gibraltar before the final termination of a

running agreement, the master shall make on the agreement an

endorsement as to the engagement or discharge of seamen,

either that no engagements or discharges have been made, or

are intended to be made before the ship leaves port, or that all

those made have been made as required by law, and a master

who wilfully makes a false statement in any such endorsement,

is guilty of an offence and is liable on conviction to a fine of

£400;

(h) the master shall deliver the running agreement so endorsed to

the superintendent, and the superintendent shall if the

provisions of this Act relating to agreements have been

complied with, sign the endorsement and return the agreement

to the master;

(i) the duplicate running agreement retained by the superintendent

on the first engagement of the crew shall, if the ship is

registered in Gibraltar, be deposited at the office of the Captain

of the Port, and if the ship is registered in the United Kingdom

shall be transmitted to the Registrar General of Shipping and

Seamen in London.

Special provisions as to agreements with crew of home-trade ships.

15. The following provisions shall have effect with respect to the

agreements with the crew of home-trade ships for which an agreement with

the crew is required under this Act:–

(a) agreements may be made either for service in a particular ship

or for service in two or more ships belonging to the same

owner, but in the latter case the names of the ships and the

nature of the service shall be specified in the agreement;

(b) crews or single seamen may, if the master thinks fit, be

engaged before the superintendent in the same manner as they

are required to be engaged for foreign-going ships, but if the

engagement is not so made, the master shall, before the ship

puts to sea, if practicable, and if not, as soon after as possible,

cause the agreement to be read and explained to each seaman,

( s.116)

Merchant Shipping

1935-09

and the seaman shall thereupon sign the same in the presence

of a witness, and the witness shall attest the signature;

same owner may be made by the owner instead of by the

master, and the provisions of this Act with respect to the

making of the agreement shall apply accordingly;

(d) agreements shall not extend beyond the expiation of the period

of six months from the date of the agreement, or the first arrival

of the ship at Gibraltar after that date or the discharge of cargo

consequent on that arrival.

Changes in crew of foreign-going ship to be reported.

16.(1) The master of every foreign-going ship whose crew has been

engaged before the superintendent shall, before finally leaving Gibraltar,

sign and send to the superintendent, a full and accurate statement, in a form

approved by the Minister responsible for shipping, of every change which

takes place in his crew before finally leaving Gibraltar, and that statement

shall be admissible in evidence in manner provided by the Merchant

Shipping Acts.

(2) A master who fails without reasonable cause to comply with this

section, is guilty of an offence and is liable on conviction to a fine of £5.

Delivery of agreements with crew of foreign-going ship.

17. The master of every foreign-going ship shall, within forty-eight hours

after the ship’s arrival at Gibraltar when Gibraltar is her final port of

destination or upon the discharge of the crew, whichever first happens,

deliver his agreement with the crew to the superintendent, and the

superintendent shall give the master a certificate of that delivery, and if the

master fails without reasonable cause so to deliver the agreement with the

crew, he is guilty of an offence and is liable on conviction to a fine of £400.

Delivery of agreements with crew of home-trade ship.

18.(1) The master or owner of a home-trade ship, except ships exclusively

employed in trading in the Bay of Gibraltar, shall within twenty-one days

after the expiration of any agreement with the crew made for the ship deliver

or transmit to the superintendent such agreement.

(2) A master or owner who fails without reasonable cause to comply

with this section, is guilty of an offence and is liable on conviction to a fine

of £400.

(s.117)

( s.118)

( s.119)

Merchant Shipping

1935-09

Copy of agreement to be made accessible to crew.

19.(1) The master shall at the commencement of every voyage or

engagement cause a legible copy of the agreement with the crew, (omitting

the signatures), to be posted up in some part of the ship which is accessible

to the crew.

(2) A master who fails without reasonable cause to comply with this

section, is guilty of an offence and is liable on conviction to a fine of £400.

Forgery of agreements with crew.

20. A person who fraudulently alters, makes any false entry in, or delivers a

false copy of, any agreement with the crew, and a person who assists in

committing or procures to be committed any such offence, are likewise

guilty of offences and liable to a fine of £2,000.

Alterations in agreements with crew.

21. Every erasure, interlineation or alteration in any agreement with the crew

(except additions made for the purpose of shipping substitutes or persons

engaged after the first departure of the ship) shall be wholly inoperative,

unless proved to have been made with the consent of all the persons

interested in the erasure, interlineation or alteration, by the written

attestation (if in Her Majesty’s dominions) of some superintendent, justice,

officer of customs, or other public functionary, or elsewhere, of a British

consular officer, or where there is no such officer, of two respectable British

merchants.

Seamen not to be bound to produce agreement.

22. In any legal or other proceeding a seaman may bring forward evidence to

prove the contents of any agreement with the crew or otherwise to support

his case, without producing or giving notice to produce the agreement or any

copy thereof.

Engagement of seamen in colonial and foreign ports.

23.(1) With respect to the engagement of seamen abroad, the following

provisions shall have effect:–

Where the master of a ship registered in Gibraltar engages a seaman in any

of Her Majesty’s dominions other than Gibraltar or at a port in which there

is a British consular officer, the provisions of this Act respecting agreements

with the crew made in Gibraltar shall apply subject to the following

modifications:–

( s.120)

(s.121)

( s.122)

( s.123)

( s.124)

Merchant Shipping

1935-09

(a) in any of Her Majesty’s dominions the master shall engage the

seaman before some officer being either a superintendent

within the meaning of the Merchant Shipping Acts or, if there

is no such superintendent, an officer of customs;

(b) at any such port having a British consular officer, the master

shall, before carrying the seaman to sea, procure the sanction of

the consular officer, and shall engage the seaman before that

officer;

the effect that the agreement has been signed in his presence

and otherwise made as required by this Act, and also, if the

officer is a British consular officer, that it has his sanction, and

if the attestation is not made the burden of proving that the

engagement was made as required by this Act shall lie upon the

master.

(2) A master who fails to comply with this section is guilty of an offence

and is liable on conviction to a fine of £400.

Rating of seamen.

24.(1) A seaman shall not be entitled to the rating of A. B., that is to say, of

an able-bodied seaman, unless he has served at sea for three years before the

mast, but the employment of fishermen in decked fishing vessels registered

under the First Part of the Merchant Shipping Act, 1894, shall only count as

sea service up to the period of two years of that employment, and the rating

of A.B. shall only be granted after at least one year’s sea service in a trading

vessel in addition to two or more year’s sea service on board of decked

fishing vessels so registered.

(2) The service may be proved by certificates of discharge, by a

certificate of service from the Registrar General of Shipping and Seamen,

specifying in each case whether the service was rendered in whole or in part

in steam ship or in sailing ship, or by other satisfactory proof.

(3) The superintendent or other officer before whom a seaman is

engaged shall refuse to enter the seaman as A.B. on the agreement with the

crew unless the seaman gives such satisfactory proof as is required by this

section of his title to be so rated, and a seaman who, for the purpose of

obtaining a rating as A.B., makes any false statement or false representation,

is guilty of an offence and is liable on conviction to a fine of £400.

Notice of disrating of seamen.

(1894 c.

60, s.126;

1906 c.

48,s.58(2))

Merchant Shipping

1935-09

25.(1) Where the master of a ship disrates a seaman he shall forthwith enter

or cause to be entered in the official log book a statement of the disrating,

and furnish the seaman with a copy of the entry, and any reduction of wages

consequent on the disrating shall not take effect until the entry has been so

made and the copy so furnished.

(2) Any reduction of wages consequent on the disrating of a seaman

shall be deemed to be a deduction from wages within the meaning of

sections 31 and 32.

Discharge of Seamen

Discharge before the superintendent.

26.(1) When a seaman serving in a British foreign-going ship, whether

registered within or without Gibraltar, is on the termination of his

engagement discharged in Gibraltar, he shall, whether the agreement with

the crew be an agreement for the voyage or a running agreement, be

discharged in manner provided by this Act in the presence of the

superintendent.

(2) The master or owner of a ship who acts in contravention of this

section, is guilty of an offence and is liable on conviction to a fine of £400.

(3) If the master or owner of a home-trade ship so desire, the seamen of

that ship may be discharged in the same manner as seamen discharged from

a foreign-going ship.

Certificate of discharge and return of certificate to officer on discharge.

27.(1) The master shall sign and give to a seaman discharged from his ship,

either on his discharge or on payment of his wages, a certificate of his

discharge in a form approved by the Minister responsible for shipping,

specifying the period of his service and the time and place of his discharge,

and if the master fails so to do he is guilty of an offence and is liable on

conviction to a fine of £400.

(2) The master shall also, upon the discharge of every certificated officer

whose certificate of competency has been delivered to and retained by him,

return the certificate to the officer, and if without reasonable cause he fails

so to do he is guilty of an offence and is liable on conviction to a fine of

£400.

Reports of seaman’s character.

28. Where a seaman is discharged before the superintendent, the master

shall make and sign, in a form approved by the Minister responsible for

( 1906 c.

48,s.59)

(1894 c.

60, s.127)

(s.128)

(s.129)

Merchant Shipping

1935-09

shipping, a report of the conduct, character and qualifications of the seaman

discharged, or may state in such form that he declines to give any opinion

upon such particulars, or upon any of them, and the superintendent before

whom the discharge is made shall, if the seaman desires, give to him or

endorse on his certificate of discharge a copy of such report (in this Act

referred to as the report of character).

False or forged certificate of discharge or report of character.

29. A person who–

(a) makes a false report of character under this Act, knowing the

same to be false; or

(b) forges or fraudulently alters any certificate of discharge or

report of character or copy of a report of character; or

offences; or

(d) fraudulently uses any certificate of discharge or report of

character or copy of a report of character which is forged or

altered or does not belong to him,

is guilty of an offence and liable to a fine of £2,000.

Payment of Wages.

Payment of wages before superintendent.

30.(1) Where a seaman is discharged before the superintendent, he shall

receive his wages through or in the presence of the superintendent, unless a

competent court otherwise direct, and if in such a case the master or owner

of a ship pays his wages within Gibraltar in any other manner, he is guilty of

an offence and is liable on conviction to a fine of £100.

(2) If the master or owner of a home–trade ship so desires, the seaman

of that ship may receive their wages in the same manner as seamen

discharged from a foreign-going ship.

Master to deliver account of wages.

31.(1) The master of every ship shall before paying off or discharging a

seaman deliver at the time and in the manner provided by this Act a full and

true account, in a form approved by the Minister responsible for shipping, of

the seaman’s wages, and of all deductions to be made therefrom on any

account whatever.

(s.130)

(s.131)

(s.132)

Merchant Shipping

1935-09

(2) The account shall be delivered–

(a) where the seaman is not to be discharged before the

superintendent, to the seaman himself not less than twenty-four

hours before his discharge or payment off; and

(b) where the seaman is to be discharged before the superintendent,

either to the seaman himself at or before the time of his leaving

the ship, or to the superintendent not less than twenty-four

hours before the discharge or payment off.

(3) The master of a ship who fails without reasonable cause to comply

with this section, is guilty of an offence and is liable on conviction to a fine

of £100.

Deductions from wages of seamen.

32.(1) A deduction from the wages of a seaman shall not be allowed unless

it is included in the account delivered in pursuance of section 31, except in

respect of a matter happening after the delivery.

(2) The master shall during the voyage enter the various matters in

respect of which the deductions are made, with the amounts of the

respective deductions, as they occur, in a book to be kept for that purpose,

and shall, if required, produce the book at the time of the payment of wages,

and also upon the hearing before any competent authority of any complaint

or question relating to that payment.

Account of wages under crew agreement.

33.(1) Subject to subsections (4) and (5), the master of every ship registered

in Gibraltar 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.

(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 twenty-four hours before the time of discharge or, if the seaman is

discharged without notice or at less than twenty-four 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.

(s.133)

Merchant Shipping

1935-09

(4) Where subsection (4) or (5) of section 35 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

and section 35(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 cause to comply with the

preceding provisions of this section he shall be liable on summary

conviction to a fine of £100.

Time of payment of wages for home-trade ships.

34.(1) The master or owner of every home-trade ship shall pay to every

seaman his wages within two days after the termination of the agreement

with the crew, or at the time when the seaman is discharged, whichever first

happens.

(2) If a master or owner fails without reasonable cause to make payment

at that time, he shall pay to the seaman a sum not exceeding the amount of

two day’s pay for each of the days during which payment is delayed beyond

that time, but the sum payable shall not exceed ten days’ double pay.

(3) Any sum payable under this section may be recovered as wages.

Payment of seamen’s wages.

35.(1) Where a seaman employed under a crew agreement relating to a ship

leaves the ship on being discharged from it, then, except as provided by or

(s.135)

( 1894 c.

60,s.133;

1906

c.48,s.60)

Merchant Shipping

1935-09

under this Act 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 section 31 referred to as the time of discharge),

(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 31 as being the amount payable to him under subsection (1)(a) of

this section is replaced by an increased amount shown in a further account

delivered to him under section 31(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 31(1) exceeds £50 and it is not

practicable to pay the whole of it at the time of discharge, 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 fifty-six 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

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.

(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 has

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 carry interest

at the rate of 20 per cent per annum.

Merchant Shipping

1935-09

(7) The provisions of subsection (3) or (6) shall not apply if the failure

to pay was due to a mistake, to a reasonable dispute as to liability or to the

act or default of the seaman or to 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 that subsection 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 is discharged from a ship outside Gibraltar but

returns to Gibraltar 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 Gibraltar.

(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,

(b) on the date when any account kept by the seaman with a bank

or other institution was credited with that amount.”.

36. Revoked.

Power of superintendent to require production of ship’s papers.

37.(1) In any proceedings under this Act before the superintendent relating

to the wages, claims or discharge of a seaman, the superintendent may

require the owner or his agent, or the master or any mate or other member of

the crew, to produce any log books, papers or other documents in his

possession or power relating to a matter in question in the proceeding, and

may require the attendance of an examine any of those persons, being then

at or near the place, on the matter.

(2) A person so required who fails, without reasonable cause, to comply

with the requisition, is guilty of an offence and is liable on conviction to a

fine of £100.

(1894 c.

60,s.138)

Merchant Shipping

1935-09

Rule as to payment of British seamen in foreign money.

38. Where a seaman has agreed with the master of a British ship for

payment of his wages in British sterling or any other money, any payment

of, or on account of, his wages if made in any other currency than that stated

in the agreement, shall, notwithstanding anything in the agreement, be made

at the rate of exchange for the money stated in the agreement, for the time

being current at the place where the payment is made.

Advance and Allotment of Wages.

Advance notes restricted.

39.(1) Where an agreement with the crew is required to be made in a form

approved by the Minister responsible for shipping, the agreement may

contain a stipulation for payment to or on behalf of the seaman,

conditionally on his going to sea in pursuance of the agreement, of a sum

not exceeding the amount of one month’s wages payable to the seaman

under the agreement.

(2) Stipulations for the allotment of a seaman’s wages may be made in

accordance with this Act.

(3) Save as aforesaid an agreement by or on behalf of the employer of a

seaman for the payment of money to or on behalf of the seaman

conditionally on his going to sea from Gibraltar shall be void, and any

money paid in satisfaction or in respect of any such agreement shall not be

deducted from the seaman’s wages, and a person shall not have any right of

action, suit or set-off against the seaman or his assignee in respect of any

money so paid or purporting to have been so paid.

Regulations as to allotment notes.

40.(1) Any stipulation made by a seaman at the commencement of a voyage

for the allotment of any part of his wages during his absence shall be

inserted in the agreement with the crew, and shall state the amounts and

times of the payments to be made.

(2) Where the agreement is required to be made in a form approved by

the Minister responsible for shipping, the seaman may require that a

stipulation be inserted in the agreement for the allotment by means of an

allotment note, of any part (not exceeding one-half unless it is otherwise

agreed between the seaman and the master) of his wages in favour of a near

relative.

(3) Allotment notes shall be in a form approved by the Minister

responsible for shipping.

(s.139)

( s.140)

(s.141)

Merchant Shipping

1935-09

(4) For the purposes of the provisions of this Act with respect to

allotment notes, “near relative” means one of the following persons, namely,

the wife, father, mother, grandfather, grandmother, child, grandchild,

brother or sister of the seaman.

Further provisions as to allotment notes.

41.(1) A payment under an allotment note shall begin at the expiration of

one month from the date of the agreement with the crew, and shall be paid at

the expiration of every subsequent month after the first month, and shall be

paid only in respect of wages earned before the date of payment.

(2) Notwithstanding the other provisions of this Act, by agreement with

the master an allotment note may be granted to a seaman providing for–

(a) payment of a greater sum than one-half of the wages;

(b) payment at a period earlier than one month from the date of the

agreement with the crew and at intervals more frequent than

one month,

Right of Suing On allotment notes.

42.(1) The person in whose favour an allotment note under this Act is made

may, unless the seaman is shown, in manner in this Act specified, to have

forfeited or ceased to be entitled to the wages out of which the allotment is

to be paid, recover the sums allotted, when and as the same are made

payable, with costs from the owner of the ship with respect to which the

engagement was made, or from any agent of the owner who has authorized

the allotment, in the magistrate’s court .

(2) In any proceeding for such recovery it shall be sufficient for the

claimant to prove that he is the person mentioned in the note, and that the

note was given by the owner or by the master or some other authorized

agent, and the seaman shall be presumed to be duly earning his wages,

unless the contrary is shown to the satisfaction of the court, either–

(a) by the official statement of the change in the crew caused by

his absence, made and signed by the master, as by this Act is

required; or

(b) by a certified copy of some entry in the official log book to the

effect that he has left the ship; or

effect; or

(1906 c.

48,s.62;

1911

c.8,s.1)

( 1894 c.

60, s.143)

Merchant Shipping

1935-09

(d) by such other evidence as the court in its absolute discretion

considers sufficient to show satisfactorily that the seaman has

ceased to be entitled to the wages out of which the allotment is

to be paid,

Rights of seamen in respect of Wages.

Right to wages etc., when to begin.

43. A seaman’s right to wages and provisions shall be taken to begin either

at the time at which he commences work or at the time specified in the

agreement for his commencement of work or presence on board, whichever

first happens.

Right to recover wages and salvage not to be forfeited.

44.(1) A seaman shall not by any agreement forfeit his lien on the ship, or

be deprived of any remedy for the recovery of his wages, to which in the

absence of the agreement he would be entitled, and shall not by any

agreement abandon his right to wages in case of the loss of the ship, or

abandon any right that he may have or obtain in the nature of salvage, and

every stipulation in any agreement inconsistent with any provision of this

Act shall be void.

(2) Nothing in this section shall apply to a stipulation made by the

seamen belonging to any ship, which according to the terms of the

agreement is to be employed on salvage service, with respect to the

remuneration to be paid to them for salvage services to be rendered by that

ship to any other ship.

Wages not to depend on freight.

45.(1) The right to wages shall not depend on the earning of freight, and

every seaman and apprentice who would be entitled to demand and recover

any wages, if the ship in which he has served had earned freight, shall,

subject to all other rules of law and conditions applicable to the case, be

entitled to demand and recover the same, notwithstanding that freight has

not been earned.

(2) Where a seaman or apprentice who would, but for death, be entitled

by virtue of this section to demand and recover any wages, dies before the

wages are paid, they shall be paid and applied in manner provided by the

Merchant Shipping Acts with respect to the wages of a seaman who dies

during a voyage.

Wages on termination of service by wreck or illness.

( 1894 c.

60, s.155)

( s.156)

(s.157)

Merchant Shipping

1935-09

46.(1) Where the service of a seaman terminates before the date

contemplated in the agreement, by reason of his being left on shore at any

place abroad under a certificate granted as provided by sections 30 and 36 of

the Merchant Shipping Act, 1906, or of his unfitness or inability to proceed

on the voyage, he shall be entitled to wages up to the time of such

termination, but not for any longer period.

(2) Where by reason of the wreck or loss of a ship on which a seaman is

employed his service terminates before the date contemplated in the

agreement, he shall, notwithstanding anything in subsection (1), but subject

to the provisions of subsection (3), be entitled, in respect of each day on

which he is in fact unemployed during a period of two months from the date

of the termination of the service, to receive wages at the rate to which he

was entitled at that date.

(3) A seaman shall not be entitled to receive wages under subsection (2)

if the owner shows that the unemployment was not due to the wreck or loss

of the ship and shall not be entitled to receive wages under that subsection in

respect of any day if the owner shows that the seaman was able to obtain

suitable employment on that day.

(4) In subsections (2) and (3), “seaman,” in the case of a ship which is a

fishing-boat, does not include any person who is entitled to be remunerated

only by a share in the profits or the gross earnings of the working of the

boat.

Wages not to accrue during refusal to work or imprisonment.

47. A seaman or apprentice shall not be entitled to wages for any time

during which he unlawfully refuses or neglects to work, when required,

whether before or after the time fixed by the agreement for his

commencement of such work, nor, unless the court hearing the case

otherwise directs, for any period during which he is lawfully imprisoned for

any offence committed by him.

Forfeiture of wages, etc., of seaman when illness caused by his own

default.

48. Where a seaman is by reason of illness incapable of performing his duty,

and it is proved that the illness has been caused by his own wilful act or

default, he shall not be entitled to wages for the time during which he is by

reason of the illness incapable of performing his duty.

Expenses of medical attendance in case of injury or illness.

(1894 c.

60, s.158;

1925

c..42, s. 1)

(1894 c.

60, s.159)

(s.160)

Merchant Shipping

1935-09

49.(1) If the master of, or a seaman belonging to, a ship receives any hurt or

injury in the service of the ship, or suffers from any illness, the expense of

providing the necessary surgical and medical advice and attendance and

medicine, and also the expenses of the maintenance of the master or seaman

until he is cured or dies, or is returned to a proper return port, and of his

conveyance to the port, and in the case of death the expense (if any) of his

burial, shall be defrayed by the owner of the ship, without any deduction on

that account from his wages.

(2) The provisions of subsection (1) shall apply to an illness of venereal

disease but shall not apply to any other illness due to a seaman’s own wilful

act or default or to his own misbehaviour.

(3) If the master or a seaman is on account of any illness temporarily

removed from his ship for the purpose of preventing infection, or otherwise

for the convenience of the ship, and subsequent returns to his duty, the

expense of the removal and of providing the necessary medical advice and

attendance and medicine, and of his maintenance while away from the ship

shall be defrayed in like manner.

(4) The expense of all medicines, surgical and medical advice, and

attendance, given to a master or seaman whilst on board his ship shall be

defrayed in like manner.

(5) In all other cases any reasonable expenses incurred by the owner for

any seaman in respect of illness, and also any reasonable expenses duly

incurred by the owner in respect of the burial of any seaman who dies whilst

on service, shall if duly proved, be deducted from the wages of the seaman.

(6) In addition to the obligations imposed by the preceding sub-sections

the owner shall be responsible to defray all expenses in respect of

repatriation of the master or any seaman belonging to a ship which has been

shipwrecked or otherwise has foundered, or who has been discharged for

any cause or reason for which he or they cannot be held responsible.

Costs of procuring punishment may be deducted from wages.

50. Whenever in any proceeding relating to seamen’s wages it is shown that

a seaman or apprentice has in the course of the voyage been convicted of an

offence by a competent tribunal, and rightfully punished for that offence by

imprisonment or otherwise, the court hearing the case may direct any part of

the wages due to the seaman, not exceeding £3, to be applied in reimbursing

any costs properly incurred by the master in procuring the conviction and

punishment.

Compensation to seamen improperly discharged.

(1906 c.

48, s.34;

1923

c.40,s.1)

(1894 c.

60, s.161)

Merchant Shipping

1935-09

51. If a seaman, having signed an agreement, is discharged otherwise than in

accordance with the terms thereof, before the commencement of the voyage,

or before one month’s wages are earned, without fault on his part justifying

that discharge, and without his consent, he shall be entitled to receive from

the master or owner, in addition to any wages he may have earned, due

compensation for the damage caused to him by the discharge not exceeding

one month’s wages, and may recover that compensation as if it were wages

duly earned.

Restriction on sale of, and charge upon, Wages.

52.(1) As respects wages due or accruing to a seaman or apprentice to the

sea service–

(a) they shall not be subject to attachment or arrestment from any

court;

(b) an assignment or sale thereof made prior to the accruing thereof

shall not bind the person making the same;

be irrevocable; and

(d) a payment of wages to the seaman or apprentice shall be valid

in law, notwithstanding any previous sale or assignment of

those wages, or any attachment, incumbrance or arrestment

thereof.

(2) Nothing in this section shall affect the provisions of this Act with

respect to allotment notes.

Summary proceedings for wages.

53. A seaman or apprentice to the sea service, or a person duly authorized on

his behalf, may as soon as any wages due to him, not exceeding £100 ,

become payable, sue for the same in a summary manner in Gibraltar if his

services were terminated in Gibraltar, or if he has been discharged at

Gibraltar, or if any person on whom the claim is made is or resides in

Gibraltar, and the order made by the court in the matter shall be final.

Remedies of master for Wages, disbursements and other liabilities.

54. The master of a ship shall, so far as the case permits, have the same

rights, liens and remedies for the recovery of his wages as a seaman has

under this Act, or by any law or custom.

(s.162)

(s.163)

(1894 c.

60, s.164)

(s.167)

Merchant Shipping

1935-09

(2) The master of a ship, and every person lawfully acting as master of a

ship, by reason of the decease or incapacity from illness of the master of the

ship, shall, so far as the case permits, have the same rights, liens and

remedies for the recovery of disbursements or liabilities properly made or

incurred by him on account of the ship as a master has for the recovery of

his wages,

(3) If in any Admiralty proceeding in the Supreme Court touching the

claim of a master in respect of wages, or of such disbursements or liabilities

as aforesaid, any right of set-off or counter-claim is set up, the court may

enter into and adjudicate upon all questions, and settle all accounts then

arising or outstanding and unsettled between the parties to the proceeding,

and may direct payment of any balance found to be due.

Forgery of documents, etc. , for purpose of obtaining property of

deceased seamen.

55. A person who, for the purpose of obtaining, either for himself or for any

other person, any property of any deceased seaman or apprentice to the sea

service–

(a) forges or fraudulently alters, or assists in forging or

fraudulently altering, or procures to be forged or fraudulently

altered any document purporting to show or assist in showing

any right to such property; or

(b) makes use of any document which has been so forged or

fraudulently altered; or

evidence, knowing the same to be false; or

(d) makes or assists in making, or procures to be made, any false

representation, knowing the same to be false; or

(e) assists in procuring any false evidence or representation to be

given or made, knowing the same to be false,

is guilty of an offence and is liable on conviction to imprisonment for five

years, or on summary conviction to imprisonment for six months.

Appointment of medical inspectors, etc., and fees for services thereof.

56. The Minister responsible for shipping shall have the power–

(s.180)

Merchant Shipping

1935-09

(a) of appointing medical inspectors of seamen, of charging fees

for medical examinations by those inspectors, and of

determining the remuneration to be paid to those inspectors;

and

(b) of appointing inspectors of ships’ provisions, of medicines,

medical stores and anti-scorbutics, of charging fees for

examinations by those inspectors, and of determining the

remuneration to be paid to those inspectors.

examinations of masters and seamen, to prohibit the

employment of masters and seamen who fail to obtain a valid

medical fitness certificate, and to provide for matters incidental

thereto.

Official Logs.

Official logs to be kept and to be evidence.

57.(1) An official log shall be kept in every ship, except home-trade ships

not exceeding 150 gross tons, in the appropriate form for that ship approved

by the Minister responsible for shipping.

(2) The Minister responsible for shipping shall approve forms of official

log-books which may be different for different classes of ships, so that each

form shall contain proper spaces for entries required by this Act.

(3) The official log may, at the discretion of the master or owner, be

kept distinct from, or united with, the ordinary ship’s log, so that in all cases

the spaces in the official log–book shall be duly filled up.

(4) An entry required by this Act in an official log-book shall be made

as soon as possible after the occurrence to which it relates, and if not made

on the same day as that occurrence shall be made and dated so as to show

the date of the occurrence and of the entry respecting it; and if made in

respect of an occurrence happening before the arrival of the ship at her final

port of discharge shall not be made more than twenty-four hours after that

arrival.

(5) Every entry in the official log-book shall be signed by the master and

by the mate or some other of the crew; and also–

(a) if it is an entry of illness, injury or death, shall be signed by the

surgeon or medical practitioner on board, if any;

(1894 c.

60, s.205)

Merchant Shipping

1935-09

(b) if it is an entry of wages due to, or of the sale of the effects of, a

seaman or apprentice who dies, shall be signed by the mate and

by some member of the crew besides the master;

Majesty’s naval service, shall be signed by the seaman, or by

the officer authorized to receive the seaman into that service.

(6) Every entry made in an official log-book in the manner provided by

this Act shall be admissible in evidence.

Entries required in official logbook.

58. The master of a ship for which an official log is required by this Act

shall enter or cause to be entered in the official log–book the following

matters:–

(a) every conviction by a legal tribunal of a member of his crew

and the punishment inflicted;

(b) every offence committed by a member of his crew for which it

is intended to prosecute, or to enforce a forfeiture, or to exact a

fine, together with such statement concerning the copy or

reading over of that entry, and concerning the reply, if any,

made to the charge;

the punishment inflicted;

(d) a statement of the conduct, character and qualifications of each

of his crew, or a statement that he declines to give an opinion

on those particulars;

(e) every case of illness or injury happening to a member of the

crew, with the nature thereof, and the medical treatment

adopted, if any;

(f) every case of death happening on board and the cause thereof;

(g) every birth happening on board, with the sex of the infant and

the names of the parents;

(h) every marriage taking place on board, with the names and ages

of the parties;

Merchant Shipping

1935-09

(i) the name of every seaman or apprentice who ceases to be a

member of the crew, otherwise than by death, with the place,

time, manner and cause thereof;

(j) the wages due to any seaman who enters Her Majesty’s naval

service during the voyage;

(k) the wages due to any seaman or apprentice who dies during the

voyage, and the gross amount of all deductions to be made

therefrom;

(l) the sale of the effects of any seaman or apprentice who dies

during the voyage, including a statement of each article sold

and the sum received for it;

(m) every collision with any other ship, and the circumstances

under which the same occurred;

(n) any casualty or accident of which a report is required to be

made under this Act;

(o) any other matter directed by this Act to be entered.

Offences in respect of official logs.

59.(1) If an official log-book is not kept in the manner required by this Act,

or if an entry directed by this Act to be made therein is not made at the time

and in the manner directed by this Act, the master is guilty of an offence and

is liable on conviction for each offence to the specific fine in this Act

mentioned in respect thereof, or where there is no such specific fine, to a

fine of £400.

(2) A person who makes, or procures to be made, or assists in making,

any entry in an official log-book in respect of any occurrence happening

previously to the arrival of the ship at her final port of discharge more than

twenty-four hours after that arrival, is guilty of an offence and is liable on

conviction for each offence to a fine of £400.

(3) A person who wilfully destroys or mutilates or renders illegible any

entry in an official log-book, or wilfully makes or procures to be made or

assists in making a false or fraudulent entry in or omission from an official

log-book, is guilty of an offence and is liable on conviction for each offence

to imprisonment for two years or a fine of £1000.

Delivery of official logs to the superintendent.

Merchant Shipping

1935-09

60.(1) The master of every ship for which an official log-book is required

by this Act shall, upon the discharge of the crew, deliver the official log-

book of the voyage to the superintendent before whom the crew is

discharged.

(2) The master of a ship who fails without reasonable cause to comply

with this section is guilty of an offence and is liable on conviction to a fine

of £400.

Official logs to be sent to superintendent in case of transfer of ship or of

loss.

61.(1) Where, by reason of transfer of ownership or change of employment

of a ship, the official log ceases to be required in respect of the ship, the

master or owner of the ship shall, if the ship is then in Gibraltar, within one

month and, if she is elsewhere, within six months, after the cessation,

deliver or transmit to the superintendent at the port to which the ship

belonged the official log-book, if any, duly made out to the time of the

cessation.

(2) If a ship is lost or abandoned, the master or owner thereof shall, if

practicable, and as soon as possible, deliver or transmit to the superintendent

at the port to which the ship belonged the official log-book, if any, duly

made out to the time of the loss or abandonment.

(3) The master or owner of a ship who fails without reasonable cause to

comply with this section is guilty of an offence and is liable on conviction to

a fine of £400.

Provisions as to Discipline.

Misconduct endangering life or ship.

62. A master, seaman or apprentice belonging to a British ship who, by

wilful breach of duty or by neglect of duty or by reason of drunkenness, –

(a) does any act tending to the immediate loss, destruction or

serious damage of the ship, or tending immediately to endanger

the life or limb of a person belonging to or on board the ship;

(b) refuses or omits to do any lawful act proper and requisite to be

done by him for preserving the ship from immediate loss,

destruction or serious damage, or for preserving any person

belonging to or on board the ship from immediate danger to life

or limb,

(1894 c.

60, s.220)

Merchant Shipping

1935-09

is guilty of an offence.

Penalty on stowaways, and discipline of stowaways and seamen carried

under compulsion.

63.(1) A person who secretes himself and goes to sea in a ship without the

consent of either the owner, consignee or master, or of a mate, or of the

person in charge of the ship, or of any other person entitled to give that

consent, is guilty of an offence and is liable on conviction to a fine of £400,

or to imprisonment for four weeks. Such person found on board without

consent may be taken before the magistrates’ court without warrant, and

such court may hear the case, and, on proof of the offence, convict the

offender.

(2) Every seafaring person whom the master of a ship is, under the

authority of this or any other enactment, compelled to take on board and

convey, and every person who goes to sea in a ship without such consent as

aforesaid, shall, so long as he remains in the ship, be deemed to belong to

the ship, and be subject to the same laws and regulations for preserving

discipline, and to the same fines and punishments for offences constituting

or tending to a breach of discipline, as if he were a member of, and had

signed the agreement with, the crew.

Documents to be handed over to successor on change of master.

64. (1) If during the progress of a voyage the master is removed or

superseded, or for any other reason quits the ship, and is succeeded in the

command by some other person, he shall deliver to his successor the various

documents relating to the navigation of the ship and to the crew thereof

which are in his custody, and if he fails without reasonable cause so to do,

he is guilty of an offence and is liable on conviction to a fine of £1000.

(2) His successor shall immediately on assuming the command of the

ship enter in the official log-book a list of the documents so delivered to

him.

Application of Part I.

65. This Part shall apply to such ships or classes of ships and the owners,

masters and crews thereof as the Minister responsible for shipping may

declare by notice in the Gazette to the extent specified in such notice.

PART II.

PASSENGER SHIPS.

Interpretation of Part II.

(s.237)

(1894 c.

s.60,

s.258)

Merchant Shipping

1935-09

66. For the purposes of this Part –

“passenger steamer” means every British steamship carrying passengers

to and from Gibraltar and every foreign steamship (whether

originally proceeding from Gibraltar or from a port out of

Gibraltar) which carries passengers to or from Gibraltar but shall

not include any open motor boat used solely in the Bay of Gibraltar,

or any vessel used solely in the port of Gibraltar.

Passengers landed or embarked by means of tenders.

67. Where a passenger steamer takes on board passengers from a tender, or

lands passengers by means of a tender, she shall be deemed to be taking the

passengers on board from, or landing the passengers at Gibraltar, and

passengers conveyed in a tender to or from a ship at Gibraltar shall for the

purposes of this Part be deemed to be passengers carried from or to

Gibraltar.

Survey of Passenger Steamers.

Annual survey of passenger steamers.

68.(1) Every passenger steamer which carries more than twelve passengers

shall be surveyed once at least in each year in the manner provided in this

Part; and no ship (other than a steam ferry boat working in chains or a ship

in respect of which there is a certificate in force issued by the Captain of the

Port under rules made under the Port Act 1 or a motor boat licensed under

those rules) shall proceed to sea or on any voyage or excursion with more

than twelve passengers on board, unless there is in force in respect of the

ship a certificate as to survey under this Part, applicable to the voyage or

excursion on which the ship is about to proceed, or that voyage or excursion

is one in respect of which the Minister responsible for shipping has

exempted the ship from the requirements of this subsection.

(2) A passenger steamer attempting to ply or proceed to sea or on any

voyage or excursion may be detained until such certificate is produced to the

Captain of the Port.

(3) Provided that, while a steamer is an emigrant ship within the

meaning of the Merchant Shipping Acts, and the provisions of those Acts as

to the survey of the hull, machinery and equipments of emigrant ships have

been complied with, she shall not require a survey or certificate under this

section.

1 1960-16

(1894 c.

s.60, s.267;

1906

c.48,s.13)

(1906

c.48,s.15)

(1894 c.60,

s.271;

1964

c.47,s.17)

Merchant Shipping

1935-09

Mode of survey and declaration of survey.

69.(1) The owner of every passenger steamer to which section 68 applies

shall cause the same to be surveyed by a ship surveyor of ships and an

engineer surveyor of ships, and in the case of a sea–going passenger steamer

required to be provided with a wireless telegraphy installation by a wireless

telegraphy surveyor.

(2) The surveyors, if satisfied on the survey that they can with propriety

do so, shall deliver to the owner declarations of survey in a form approved

by the Minister responsible for shipping.

(3) The declaration of the ship surveyor shall contain statements of the

following particulars:–

(a) that the hull of the steamer is sufficient for the service

intended and in good condition;

(b) that the boats, life buoys, lights, signals, compasses and shelter

for deck passengers, are such, and in such condition, as are

required by this Act;

equipments will be sufficient;

(d) the voyages or class of voyages on which as regards

construction and equipments the steamer is in the surveyor’s

judgment fit to ply;

(e) the number of passengers which the steamer is in the judgment

of the surveyor fit to carry, distinguishing, if necessary,

between the respective numbers to be carried on the deck and

in the cabins and in different parts of the deck and cabins; those

numbers to be subject to such conditions and variations

according to the time of year, the nature of the voyage, the

cargo carried or other circumstances, as the case requires; and

(f) that the certificates of the master and mate or mates are such as

are required by this Act.

(4) The declaration of the engineer surveyor shall contain statements of the

following particulars:–

(a) that the machinery of the steamer is sufficient for the service

intended, and in good condition;

(1894

c.60,

s.272;

1932

c.9,s.9)

Merchant Shipping

1935-09

(b) the time (if less than one year) for which the machinery will be

sufficient;

detection and extinction of fire are such and in such condition

as are required by this Act;

(d) the limit of the weight to be placed on the safety valves;

(e) the voyages or class of voyages on which, as regards

machinery, the steamer is in the surveyor’s judgment fit to ply;

and

(f) that the certificates of the engineer or engineers of the steamer

are such as are required by this Act.

(5) The declaration of the wireless telegraphy surveyor shall contain

statements of the following particulars:–

(a) the voyages or class of voyages on which, as regards wireless

telegraphy, the steamer is fit to ply;

(b) that, having regard to the tonnage of the steamer and the

voyages or class of voyages on which she is declared to be fit

to ply, the wireless telegraph installation complies with the

wireless telegraphy rules made under section 92; and

watchers are such as are required by those rules.

Transmission of declaration.

70.(1) The owner of a steamer surveyed shall within fourteen days after the

receipt by him of a declaration of survey transmit it to the Minister

responsible for shipping.

(2) If an owner fails without reasonable cause so to transmit a

declaration of survey, he shall forfeit a sum not exceeding fifty pence for

every day during which the transmission is delayed, and any sum so

forfeited shall be payable on the granting of a certificate in addition to the

fee, and shall be applied in the same manner as the fee.

Issue of passenger steamer’s certificate.

71. On the receipt of the declarations of survey, the Minister responsible for

shipping shall, if satisfied that this Part has been complied with, issue in

(1894

c.60,

s.273)

(s.274)

Merchant Shipping

1935-09

duplicate a passenger steamer’s certificate, that is to say, a certificate stating

such compliance and stating according to the declarations –

(a) the voyages or class of voyages in which the steamer is fit to

ply; and

(b) the number of passengers which the steamer is fit to carry

distinguishing, if necessary, the number to be carried in each

part of the steamer, and any conditions and variations to which

the number is subject.

Appeal to court of survey.

72. (1) If the owner of a steamer feels aggrieved by the declaration of survey

of a ship or engineer surveyor or wireless telegraphy surveyor, or by the

refusal of such a surveyor to give such a declaration, he may appeal to the

court of survey in manner directed by the rules of court made under section

151.

(2) On any such appeal the court of survey shall report to the Minister

responsible for shipping on the question raised by the appeal and the

Minister responsible for shipping when satisfied that the requirements of the

report and of the foregoing provisions of this Part have been complied with,

may grant a passenger steamer’s certificate.

(3) Subject to any order made by the court of survey the costs of and

incidental to the appeal shall follow the event.

(4) A ship or engineer surveyor or wireless telegraphy surveyor in

making a survey of a steamer for the purpose of a declaration of survey

shall, if the owner of the steamer so requires, be accompanied on the survey

by some person appointed by the owner, and in that case, if the surveyor and

the person so appointed agree, there shall be no appeal under this section to

the court of survey.

Transmission of certificate.

73.(1) The Minister responsible for shipping shall transmit the passenger

steamer’s certificate in duplicate to the Captain of the Port.

(2) The Captain of the Port shall cause notice of the transmission to be

given to the master or owner or his agent, and on the owner, master or agent

applying and paying the proper fee and other sums (if any) mentioned in this

Act as payable in that behalf, deliver to him both copies of the certificate.

(3) In proving the issue of a passenger steamer’s certificate it shall be

sufficient to show that the certificate was duly received by the Captain of the

(1894

c.60,

s.275;

1932 c.9,

s.9(3))

(1894

c.60,

s.276)

Merchant Shipping

1935-09

Port, and that due notice of the transmission was given to the owner, master

or agent.

Fees for certificate.

74. The grantee of a passenger steamer’s certificate shall pay the prescribed

fees.

Duration of certificates.

75.(1) A passenger steamer’s certificate shall not be in force for more than

one year from the date of its issue, or any shorter time specified in the

certificate, nor after notice is given by the Minister responsible for shipping

to the owner, agent or master of the steamer, that the Minister responsible

for shipping has cancelled it.

(2) If a passenger steamer is absent from Gibraltar at the time when her

certificate expires, a fine shall not be incurred for want of a certificate until

she first begins to ply with passengers after her next return to Gibraltar.

Cancellation of certificates.

76.(1) The Minister responsible for shipping may cancel a passenger

steamer’s certificate where he has reason to believe –

(a) that any declaration of survey on which the certificate was

founded has been in any particular made fraudulently or

erroneously; or

(b) that the certificate has been issued upon false or erroneous

information; or

machinery have sustained any injury, or are otherwise

insufficient.

(2) In every such case the Minister responsible for shipping may require

the owner to have the hull, equipment or machinery of the steamer again

surveyed, and to transmit further declarations of survey, before he re-issues

the certificate or grants a fresh one in lieu thereof.

Alteration of ships and additional surveys.

77.(1) The owner or master of a passenger steamer to which this section

applies shall, as soon as possible after any alteration is made in the

steamer’s hull, equipment or machinery which affects the efficiency thereof

or the seaworthiness of the steamer, give written notice to the Minister

(s.277)

(s.278)

(s.279)

Merchant Shipping

1935-09

responsible for shipping containing full particulars of the alteration, and, if

notice is not so given, the owner or master of the steamer is guilty of an

offence and is liable on conviction to a fine of £1000.

(2) If the Minister responsible for shipping has reason to believe that

since the making of the last declaration of survey in respect of a passenger

steamer to which this section applies –

(a) any such alteration as aforesaid has been made in the hull,

equipment or machinery of the steamer; or

(b) the hull, equipment or machinery of the steamer have sustained

any injury, or are otherwise insufficient,

the Minister responsible for shipping may, without prejudice to his powers

under section 76, require the steamer to be again surveyed to such extent as

he thinks fit, and, if such requirement is not complied with, may cancel any

certificate issued in respect of the steamer under section 71.

(3) This section applies to every passenger steamer, whether British or

foreign, in respect of which any such certificate as aforesaid is for the time

being in force, and for the purpose of this section, “alteration,” in relation to

the hull, equipment or machinery of a steamer, includes the renewal of any

part thereof.

Delivery up of certificate.

78.(1) The Minister responsible for shipping may require a passenger

steamer’s certificate, which has expired or been cancelled, to be delivered

up as he directs.

(2) An owner or master who fails without reasonable cause to comply

with such requirement, is guilty of an offence and is liable on conviction to a

fine of £400.

Posting up of certificate.

79.(1) The owner or master of every passenger steamer required to have a

passenger steamer’s certificate shall forthwith on the receipt of the

certificate by him or his agent cause one of the duplicates to be put up in

some conspicuous place on board the steamer, so as to be legible to all

persons on board, and to be kept so put up and legible while the certificate

remains in force, and the steamer is in use.

(2) The owner or master who fails without reasonable cause to comply

with this section, is guilty of an offence and is liable on conviction to a fine

of £400.

(1932

c.9,s.3)

(1894

c.60,

s.280)

(s.281)

Merchant Shipping

1935-09

(3) If a passenger steamer plies or goes to sea with passengers on board,

and this section is not complied with, then for each offence the owner

thereof is liable to a fine of £400, and the master is liable to a further fine of

£200.

Penalty for forgery of a certificate or declaration.

80. A person who –

(a) knowingly and wilfully makes, or assists in making, or

procures to be made, a false or fraudulent declaration of survey

or passenger steamer’s certificate; or

(b) forges, assists in forging, procures to be forged, fraudulently

alters, assists in fraudulently altering, or procures to be

fraudulently altered, any such declaration or certificate, or

anything contained in, or any signature to any such declaration

or certificate,

is guilty of an offence and liable to a fine of £ 2,000.

Penalty for carrying passengers in excess.

81. The owner or master of any passenger steamer shall not receive on board

thereof, or on or in any part thereof, any number of passengers which,

having regard to the time, occasion and circumstances of the case, is greater

than the number allowed by the passenger steamer’s certificate, and if he

does so, he shall for each offence be liable on summary conviction to a fine

of £ 50,000 and on conviction on indictment to a fine.

Overcrowding of passenger steamers.

82. If a passenger steamer has on board at any place a number of’ passengers

which, having regard to the time, occasion and circumstances of the case, is

greater than the number allowed by the passenger steamer’s certificate, the

owner or master of the steamer shall be deemed to have received those

passengers on board at that place.

Penalty on master or owner for non-compliance with provisions as to

passenger steamers.

83. If the provisions of this Part which require a passenger steamer to be

surveyed and to have a passenger steamer’s certificate are not complied with

in the case of any such steamer, the master or owner of the steamer is guilty

of an offence and, without prejudice to any other remedy or penalty, is liable

on conviction to a fine of £10 for every passenger carried from or to

(s.282)

(s.283)

(1906

c.48,s.22)

(s.21)

Merchant Shipping

1935-09

Gibraltar, and the master or owner of any tender by means of which

passengers are taken on board or landed from any such steamer, is liable to a

like penalty for every passenger so taken on board or landed.

Exemption from survey, etc., of passenger steamer in certain cases.

84. (1) Where a ship is a passenger steamer within the meaning of this Part

and a valid and subsisting certificate issued by a competent authority is

produced, which the Minister responsible for shipping is satisfied has been

issued after official survey at a port in the United Kingdom, any British

possession or foreign country, in accordance with requirements substantially

equivalent to those in this Act, the Minister responsible for shipping may

dispense with any further survey of the ship, in respect of any requirements

so complied with.

(2) Where there is also produced in respect of such passenger steamer a

certificate issued by or under the authority of the government of the country

to which the steamer belongs showing the number of passengers which the

steamer is fit to carry, and the Minister responsible for shipping is satisfied

that that number has been determined substantially in the same manner as in

the case of a British steamer registered in Gibraltar, the steamer shall not

require a passenger certificate in pursuance of this Act and the certificate so

produced shall have effect as a passenger steamer’s certificate.

General Equipment of Passenger Steamers.

Equipment of passenger steamers with compasses, deck shelters and

safety appliances.

85.(1) A sea-going passenger steamer shall have her compasses properly

adjusted from time to time, to the satisfaction of the ship surveyor and

according to such rules as may be issued by the Minister responsible for

shipping.

(2) A home-trade passenger steamer shall be provided with such shelter

for the protection of deck passengers (if any) as the Minister responsible for

shipping, having regard to the nature of the passage, the number of deck

passengers to be carried, the season of the year, the safety of the ship, and

the circumstances of the case, may require.

(3) A passenger steamer shall be provided with a safety valve on each

boiler, so constructed as to be out of the control of the engineer when the

steam is up, and, if the safety valve is in addition to the ordinary valve, so

constructed as to have an area not less, and a pressure not greater, than the

area of and pressure on the ordinary valve.

(1894

c.60,

s.363;

1932 c.

9,s.17)

(1894

c.60,

s.285;

1932 c.

9,s.5)

Merchant Shipping

1935-09

(4) If a passenger steamer plies or goes to sea from Gibraltar without

being equipped as required by this section, then, for each matter in which

default is made, the owner (if in fault) is guilty of an offence and is liable on

conviction to a fine of £400, and the master (if in fault) is guilty of an

offence and is liable to a fine of £200.

Prohibition of increasing weight on safety valve.

86. A person shall not increase the weight on the safety valve of a passenger

steamer beyond the limits fixed by the surveyor and, if he does so, he is

guilty of an offence and in addition to any other liability he may incur by so

doing, is liable on conviction to a fine of £1000.

Keeping Order in Passenger Steamers.

Offences in connection with passenger steamers.

87.(1) If any of the following offences is committed in the case of a

passenger steamer for which there is a passenger steamer’s certificate in

force, that is to say:–

(a) if any person being drunk or disorderly has been on that

account refused admission thereto 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 steamer;

(b) if any person being drunk or disorderly on board the steamer is

requested by the owner or any person in his employ to leave the

steamer at Gibraltar, and, after having the amount of his fare (if

he has paid it) returned or tendered to him, does not comply

with the request;

or other officer thereof, molests or continues to molest any

passenger;

(d) if any person, after having been refused admission to the

steamer by the owner or any person in his employ on account

of the steamer being full, and having had the amount of his fare

(if he has paid it) returned or tendered to him, nevertheless

persists in attempting to enter the steamer;

(e) if any person having gone on board the steamer at Gibraltar,

and being requested, on account of the steamer being full, by

the owner or any person in his employ to leave the steamer,

before it has quitted Gibraltar, and having had the amount of

(1894

c.60,

s.286)

(s.287)

Merchant Shipping

1935-09

his fare (if he has paid it) returned or tendered to him, does not

comply with that request;

(f) if any person travels or attempts to travel in the steamer

without first paying his fare, and with intent to avoid payment

thereof;

(g) if any person, having paid his fare for a certain distance,

knowingly and wilfully proceeds in the steamer beyond that

distance without first paying the additional fare, and with intent

to avoid payment thereof;

(h) if any person on arriving in the steamer at a point to which he

has paid his fare knowingly and wilfully refuses or neglects to

quit the steamer; and

(i) if any person on board the steamer fails, when requested by the

master or other officer thereof, either to pay his fare or exhibit

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 steamer,

the person so offending is for each offence liable on conviction to a fine of

£100, but that liability shall not prejudice the recovery of any fare payable

by him.

(2) A person on board any such steamer who wilfully does or causes to

be done anything in such a manner as to obstruct or injure any part of the

machinery or tackle of the steamer, or to obstruct, impede or molest the

crew, or any of them, in the navigation or management of the steamer, or

otherwise in the execution of their duty on or about the steamer, is guilty of

an offence and is liable on conviction to a fine of £100.

(3) The master or other officer of any such steamer, and all persons

called by him to his assistance, may, without any warrant, detain any person

who commits any offence against this section and whose name and address

are unknown to the master or officer, and convey the offender with all

convenient despatch before the magistrates’ court to be dealt with according

to law.

(4) A person who commits an offence against this section and who on

the application of the master of the steamer, or any person in the employ of

the owner thereof, refuses to give his name and address, or gives a false

name or address, is guilty of an offence and is liable on conviction to a fine

of £100, and the fine shall be paid to the owner of the steamer.

Merchant Shipping

1935-09

Power to exclude drunken passengers on home-trade passenger

steamers.

88. The master of any home-trade passenger steamer may refuse to receive

on board thereof 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, and a person so

refused admittance or put on shore shall not be entitled to the return of any

fare he has paid.

Returns of Passengers.

Return to be furnished by masters of ships as to passengers.

89.(1) The master of every ship, whether a British or foreign ship, which

carries any passenger to Gibraltar from any place out of Gibraltar, or from

Gibraltar to any place out of Gibraltar shall furnish to the Captain of the Port

in such manner as he may direct a return giving the total number of any

passengers so carried, distinguishing, if so directed, the total number of any

class of passengers so carried, and giving, if the Captain of the Port so

direct, such particulars with respect to passengers as may be for the time

being required by the Captain of the Port.

(2) Any passenger shall furnish the master of the ship with any

information required by him for the purpose of the return.

(3) If the master of a ship fails to make a return as required by this

section, or makes a false return, and if any passenger refuses to give any

information required by the master of the ship for the purpose of the return

required by this section, or gives any false information for the purpose, the

master or passenger is guilty of an offence and is liable on conviction for

each offence to a fine of £400.

PART III.

Revoked.

PART IV.

SAFETY AT SEA.

Life-Saving Appliances.

Convention for Safety of life at Sea.

(1894

c.60,

s.288)

(1906

c.48, s.76)

Merchant Shipping

1935-09

101A. (1) In this section the expression “Safety Convention” refers

collectively to the International Convention for the Safety of Life at Sea

signed in London on 1st November 1974 and to the Protocol relating to that

Convention signed in London on 17th February 1978 and to the

amendments to that Convention adopted on 20th November 1981 and on

17th June 1983 by the Maritime Safety Committee of the International

Maritime Organisation.

(2) Without prejudice to subsection (3) the rules and regulations contained

in the Safety Convention as from time to time amended shall without further

enactment be given legal effect in Gibraltar and shall apply in relation to–

(a) ships registered in Gibraltar to the same extent as if such ships

were registered in the United Kingdom, and

(b) ships not registered in Gibraltar while they are in Gibraltar.

(3) The Minister responsible for shipping may be regulations make

provision for any such matter as shall appear to him necessary or expedient

for the purpose of implementing in Gibraltar the provisions of the Safety

Convention or enabling any such provision to be implemented.

(4) Without derogation from the generality of subsection (3), the

regulations made under that subsection may make provision for–

(a) giving legal effect in Gibraltar to any amendment to the Safety

Convention made at any time in accordance with Article VIII

of that Convention, and

(b) making such modifications of this Act or any other enactment

as shall appear to the Minister responsible for shipping

necessary or expedient for the purpose specified in subsection

(3):

Provided that the regulations making such modifications as are specified

in this paragraph shall not be made except with the approval by a resolution

of the Parliament.

(5) If a ship to which the rules and regulations referred to in this section

apply proceeds on any voyage or excursion without complying with the

requirements of such rules or regulations, the owner and master of the ship

shall each be guilty of an offence and liable on summary conviction to a fine

of £1000 or on conviction on indictment, to imprisonment for two years and

a fine:

Merchant Shipping

1935-09

Provided that it shall be a good defence to a charge under this subsection

to prove that the person charged took all reasonable steps to avoid the

commission of the offence.

(6) In any case where a ship does not comply with the requirements of the

rules and regulations referred to in this section, the ship shall be liable to be

detained.

(7) Whenever there is a conflict between the provisions of the Safety

Convention and the provisions of this Act or rules or regulations made

thereunder the provisions of this Act or such rules or regulations shall

prevail to the extent of the conflict.

(8) The rules and regulations referred to in this section, shall, except where

otherwise stated therein, apply to the ships belonging to the Government of

Gibraltar.

Saving.

101B. Sections 101C to 101E inclusive shall have effect without prejudice

to section 101A.

Owner and master liable in respect of dangerously unsafe ship.

101C.(1) If, having regard to the nature of the service for which it is

intended–

(a) a ship in Gibraltar, or

(b) a ship registered in Gibraltar which is in any other port,

is, by reason of any of the matters mentioned in subsection (3), not fit to go

to sea without serious danger to human life, then, subject to subsections (5)

and (6), the master and the owner of the ship shall each be guilty of an

offence.

(2) Where, at the time when a ship is not fit to go to sea as mentioned in

subsection (1), any responsibilities of the owner with respect to the

particular matters by reason of which the ship is not fit to go to sea 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

Merchant Shipping

1935-09

(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 including a

reference to that other person or (as the case may be) to each of those other

persons.

(3) The matters referred to in subsection (1) 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;

(d) any other matter relevant to the safety of the ship.

(4) A person guilty of an offence under this section shall be liable–

(a) on summary conviction, to a fine not exceeding £50,000;

(b) on conviction on indictment, to imprisonment for a term of two

years and a fine.

(5) 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 falling

within subsection (3) which are specified in the charge; or

(b) it was reasonable for such arrangements not to have been made.

(6) 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 defendant, the

relevant responsibilities, namely–

Merchant Shipping

1935-09

(i) where the defendant is the owner, his responsibilities

with respect to the matters referred to in subsection

(5)(a), or

(ii) where the defendant 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 defendant 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);

and, in determining whether the defendant had done so, regard

shall be had in particular to the matters mentioned in

subsection (7).

(7) Those matters at–

(a) whether prior to the time of the alleged offence the defendant

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 extend to which the defendant was or was not able, under

the terms of any such charter-party or management agreement

as is mentioned in subsection (6)(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 defendant to place himself in that position.

(8) No proceedings for an offence under this section shall be instituted

except by or with the consent of the Attorney-General.

(9) In this section–

“management agreement”, in relation to a ship, means any agreement

(other than a charter-party or a contract of employment) under

Merchant Shipping

1935-09

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);

“relevant responsibilities” shall be construed in accordance with

subsection (6);

and any reference in this section to going to sea shall, in a case

where the service for which a 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.

(10) References in this section to responsibilities being assumed by any

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.

Owner liable for unsafe operation of ship.

101D.(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 ship registered in Gibraltar; and

(b) any ship which–

(i) is registered under the law of any country outside

Gibraltar, and

(ii) is within the seaward limits of the territorial waters of

Gibraltar while proceeding to or from Gibraltar,

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 not exceeding £50,000;

(b) on conviction on indictment, to imprisonment for two years

and a fine.

Merchant Shipping

1935-09

(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 101C. 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

above) 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 Attorney-General.

Conduct endangering ships, structures or individuals.

101E.(1) This section applies–

(a) to the master of, or any seaman employed in, a ship registered

in Gibraltar; and

(b) to the master of, or any seaman employed in, a ship which–

(i) is registered under the law of any country outside

Gibraltar, and

(ii) is in Gibraltar or within the seaward limits of the

territorial water of Gibraltar while proceeding to or from

Gibraltar.

(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–

Merchant Shipping

1935-09

(i) the loss or destruction of or serious damage to

his ship or its machinery, navigational

equipment or safety equipment, or

(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, 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.

(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.

Merchant Shipping

1935-09

(5) A person guilty of an offence under this section be liable–

(a) on summary conviction, to a fine not exceeding £2,000;

(b) on conviction on indictment, to imprisonment for two years

and a fine.

(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 defendant constituted a breach or

neglect of duty, that the defendant took all reasonable steps to

discharge that duty;

(b) in the case of an offence under subsection (4) that the

defendant took all reasonable precautions and exercised all due

diligence to avoid committing the offence; or

(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 defendant or could

not reasonably have been avoided by him.

(7) In the application of this section to any person falling within

subsection (1)(b), subsections (2) and (4) shall have effect as if paragraphs

(a)(i) and (b)(i) of subsection (2) were omitted; and no proceedings for an

offence under this section shall be instituted against any such person, except

by or with the consent of the Attorney-General.

(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

Merchant Shipping

1935-09

(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.«

Rules as to life-saving appliances.

102. The Minister responsible for shipping may make rules (in this Act

called rules for life-saving appliances) with respect to all or any of the

following matters, namely:

(a) the arranging of British ships registered in Gibraltar into

classes, having regard to the services in which they are

employed, to the nature and duration of the voyage, and to the

number of persons carried;

(b) the number and description of the boats, life-boats, life-rafts,

line throwing appliances, life jackets and life buoys to be

carried by British ships registered in Gibraltar, according to the

class in which they are arranged, and the mode of their

construction, also the equipments to be carried by the boats and

rafts, and the methods to be provided to get the boats and other

life-saving appliances into the water which methods may

include oil for use in stormy weather;

carried on British ships registered in Gibraltar, either in

addition to or in substitution for boats, life-boats, life-rafts. life-

jackets and life-buoys;

(d) the marking of boats, life-boats, life-rafts and buoyant

apparatus so as to show the dimensions thereof and the number

of persons authorized to be carried thereon;

(e) the manning of boats and life-boats and the qualifications and

certificates of life-boat men;

(f) the provision to be made for mustering the passengers and crew

and for embarking them in the boats and life-boats (including

provision as to the lighting of, and as to the means of ingress

to, and egress from, different parts of the ship);

(g) the practicing of boat drills;

(1894

c.60,

s.427;

1928

c.40,s.1;

1932

c.9,s.5(1))

Merchant Shipping

1935-09

(h) the assignment of specific duties to each member of the crew in

the event of emergency;

(i) the methods to be adopted and the appliances to be carried for

the prevention, detection and extinction of fire;

(j) the provision in ships of plans or other information relating to

the means of preventing, detecting, controlling and

extinguishing outbreaks of fire.

Duties of owners and masters as to carrying life-saving appliances.

103. It shall be the duty of the owner and master of every British ship

registered in Gibraltar to see that his ship is provided, in accordance with the

rules for life-saving appliances, with such of those appliances as, having

regard to the nature of the service on which the ship is employed, and the

avoidance of undue encumbrance of the ship’s deck, are best adapted for

securing the safety of her crew and passengers.

Penalty for breach of rules.

104. (1)In the case of any ship–

(a) if the ship is required by the rules for life-saving appliances to

be provided with such appliances and proceeds on any voyage

or excursion without being so provided in accordance with the

rules applicable to the ship; or

(b) if any of the appliances with which the ship is so provided are

lost or rendered unfit for service in the course of the voyage or

excursion through the wilful fault or negligence of the owner or

master; or

opportunity any such appliances lost or injured in the course of

the voyage or excursion;or

(d) if such appliances are not kept so as to be at all times fit and

ready for use; or

(e) if any provision of the rules for life-saving appliances

applicable to the ship is contravened or not complied with,

the owner of the ship (if in fault) and the master of the ship (if in fault) are

guilty of offences and on conviction the owner is liable to a fine of £400 and

the master to a fine of £200.

(1894

c.60,

s.428)

(1894

c.60,

s.430;

1932

c.9,s.5(2))

Merchant Shipping

1935-09

(2) Nothing in the fore going enactments with respect to lifesaving

appliances shall prevent any person from being liable under any other

provision of this Act, or otherwise, to any other or higher fine or punishment

than is provided by those enactments, provided that a person shall not be

punished twice for the same offence.

(3) If the court before whom a person is charged with an offence

punishable under those enactments thinks that proceedings ought to be taken

against him for the offence under any other provision of this Act, or

otherwise, the court may adjourn the case to enable such proceedings to be

taken.

Survey of ship with respect to life-saving appliances.

105.(1) A surveyor of ships may inspect any ship for the purpose of seeing

that the rules for life-saving appliances have been complied with in her case,

and for the purpose of any such inspection shall have all the powers of a

Board of Trade inspector under the Merchant Shipping Acts.

(2) If the surveyor finds that the rules for life-saving appliances have not

been complied with, he shall give written notice to the owner or master

stating in what respect such rules have not been complied with, and what, in

his opinion, is required to rectify the matter.

(3) Every notice so given shall be communicated in manner directed by

the Minister responsible for shipping to the Captain of the Port, and the ship

shall be detained until a certificate under the hand of a surveyor of ships is

produced to the effect that the matter has been rectified.

Power to apply rules as to life-saving appliances to foreign ships in

certain cases.

106. Sections 103 to 105 (both inclusive) shall apply to all foreign ships

while they are at Gibraltar as they apply to British ships:

Provided that the Minister responsible for shipping may direct that those

provisions shall not apply to any ship of a foreign country in which the

provisions in force relating to life-saving appliances appear to the Minister

responsible for shipping to be as effective as the provisions of this Part, on

proof that those provisions are complied with in the case of that ship:

Provided also that those provisions shall not affect any foreign ship not

bound to Gibraltar which comes into Gibraltar for any purpose other than

the purpose of embarking or landing passengers or taking in or

disembarking cargo or taking in bunker coal or oil fuel or any material for

the purpose of refuelling or taking in water or stores.

(1932

c.9,s.5(3))

(1906 c.

48,ss.4 &

Merchant Shipping

1935-09

General Equipment.

Adjustment of compasses and provision of hose.

107.(1) Every British sea-going steamship registered in or being at Gibraltar,

if employed to carry passengers, shall have her compasses properly adjusted

from time to time and every such British sea-going steamship not used

wholly as a tug shall be provided with a hose capable of being connected

with the engines of the ship, and adapted for extinguishing fire in any part of

the ship.

(2) If any such British sea–going steamship plies or goes to sea from

Gibraltar and any requirement of this section is not complied with, then for

each matter in which default is made, the owner (if in fault) and the master

(if in fault) are guilty of offences and on conviction the owner is liable to a

fine of £400 and the master to a fine of £200.

Placing undue weight on safety valve.

108. A person shall not place an undue weight on the safety valve of any

steamship, and if he does so he is, in addition to any other liability he may

incur by so doing, guilty of an offence and liable on conviction to a fine of

£1000.

Provision of signals of distress and inextinguishable lights.

109.(1) Where a ship is a sea-going passenger steamer, within the meaning

of Part II, the ship shall be prodded to the satisfaction of the Minister

responsible for shipping –

(a) with means for making any signals of distress prescribed by

Her Majesty in Council under the Merchant Shipping Acts; and

(b) with a proper supply of lights inextinguishable in water and

fitted for attachment to life-buoys.

(2) If any such ship goes to sea from Gibraltar without being provided as

required by this section, then for each default in any of the above equisites,

the owner (if in fault) and the master (if in fault) are guilty of offences and

on conviction the owner is liable to a fine of £400 and the master to a fine of

£200.

Dangerous Goods.

Restrictions on carriage of dangerous goods.

(1894 c. 60,s.432)

(1894 c.

60,s.433).

(s.435).

Merchant Shipping

1935-09

110.(1) A person shall not send or attempt to send from Gibraltar by any

vessel, British or foreign, and a person not being the master or owner of the

vessel, shall not carry or attempt to carry from Gibraltar in any such vessel,

any dangerous goods, without distinctly marking their nature on the outside

of the package containing the same, and giving written notice of the nature

of goods and of the name and address of the sender or carrier thereof to the

master or owner of the vessel at or before the time of sending the same to be

shipped or taking the same on board the vessel.

(2) A person who fails without reasonable cause to comply with this

section, is guilty of an offence and on conviction is liable for each offence to

a fine of »£400 « or, if he shows that he was merely an agent in the shipment

of any such goods, and was not aware and did not suspect and had no reason

to suspect that the goods shipped by him were of a dangerous nature, then of

£100.

(3) For the purpose of this Part, “dangerous goods” mean aquafortis,

vitriol, naphtha, benzine, gunpowder, lucifer matches, nitroglycerine,

petroleum, any explosives within the meaning of the Explosives Act 2 and

any other goods which are of a dangerous nature.

Penalty for misdescription of dangerous goods.

111. A person shall not knowingly send or attempt to send by, or carry or

attempt to carry in, any vessel, British or foreign, leaving Gibraltar any

dangerous goods under a false description, and shall not falsely describe the

sender or carrier thereof, and a person who acts in contravention of this

section is guilty of an offence and is liable on conviction to a fine of £5000.

Power to deal with goods suspected of being dangerous.

112.(1) The master or owner of any vessel, British or foreign, may refuse to

take on board at Gibraltar any package or parcel which he suspects to

contain any dangerous goods, and may require it to be opened to ascertain

the fact.

(2) Where any dangerous goods, or any goods which in the judgment of

the master or owner of the vessel are dangerous goods, have been sent or

brought abroad any vessel, British or foreign, without being marked as

aforesaid, or without such notice having been given as aforesaid, the master

or owner of the vessel may cause those goods to be thrown overboard,

together with any package or receptacle in which they are contained, and

neither the master nor the owner of the vessel shall be subject to any

liability, civil or criminal, in any court for so throwing the goods overboard.

2 1960-10

(1894 c.

60,s.446).

(s.447)

(s.448).

Merchant Shipping

1935-09

Forfeiture of dangerous goods improperly sent or carried.

113.(1) Where any dangerous goods have been sent or carried, or attempted

to be sent or carried, on board any vessel, British or foreign, at Gibraltar,

without being marked as aforesaid, or without such notice having been

given as aforesaid, or under a false description, or with a false description of

the sender or carrier thereof, the magistrates’ court may declare those goods,

and any package or receptacle in which they are contained, to be, and they

shall thereupon be, forfeited, and when forfeited shall be disposed of as the

court directs.

(2) The court shall have, and may exercise, the aforesaid powers of

forfeiture and disposal notwithstanding that the owner of the goods has not

committed any offence under the provisions of this Act relating to

dangerous goods, and is not before the court, and has not notice of the

proceedings, and notwithstanding that there is no evidence to show to whom

the goods belong, nevertheless the court may, in its discretion, require such

notice as it may direct to be given to the owner or shipper of the goods

before they are forfeited.

Saving for other enactments relating to dangerous goods.

114. The provisions of this Part relating to the carriage of dangerous goods

shall be deemed to be in addition to and not in substitution for, or in

restraint of, any other enactment for the like object, so nevertheless that

nothing in those provisions shall be deemed to authorize any person to be

sued or prosecuted twice in the same matter.

Obligation of shipowner to crew with respect to use of reasonable

efforts to secure seaworthiness.

115.(1) In every contract of service, express or implied, between the owner

of a ship and the master or any seaman thereof, and in every instrument of

apprenticeship whereby any person is bound to serve as an apprentice on

board any ship, there shall be implied, notwithstanding any agreement to the

contrary, an obligation on the owner of the ship, that the owner of the ship,

and the master, and every agent charged with the loading of the ship, or the

preparing of the ship for sea, or 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 her in a seaworthy

condition for the voyage during the voyage.

(2) Nothing in this section shall subject the owner of a ship to any

liability by reason 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.

(s.449)

(1894 c.

60,s.450).

(s.458)

Merchant Shipping

1935-09

Power to detain unsafe ships, and procedure for detention.

116.(1) Where a British ship, being at Gibraltar, is an unsafe ship, that is to

say, is by reason of the defective condition of her hull, equipment or

machinery, or by reason of undermanning, or by reason of overloading or

improper loading, unfit to proceed to sea without serious danger to human

life, having regard to the nature of the service for which she is intended,

such ship may be provisionally detained for the purpose of being surveyed

or for ascertaining the sufficiency of her crew, and either finally detained or

released as follows:–

(a) the Minister responsible for shipping, if he has reason to

believe, on complaint or otherwise, that a British ship is unsafe,

may order the ship to be provisionally detained as an unsafe

ship for the purpose of being surveyed;

(b) when a ship has been provisionally detained there shall be

forthwith served on the master of the ship a written statement

of the grounds of her detention, and the Minister responsible

for shipping may, if he think fit, appoint some competent

person or persons to survey the ship and report thereon to the

Minister responsible for shipping;

may either order the ship to be released or, if in his opinion the

ship is unsafe, may order her to be finally detained, either

absolutely, or until the performance of such conditions with

respect to the execution of repairs or alterations, or the

unloading or reloading of cargo, or the manning of the ship, as

the Minister responsible for shipping thinks necessary for the

protection of human life, and the Minister responsible for

shipping may vary or add to any such order;

(d) before the order for final detention is made a copy of the report

shall be served upon the master of the ship, and within seven

days after the service the owner or master of the ship may

appeal to the court of survey in manner directed by the rules of

court made under section 151;

(e) where a ship has been provisionally detained, the owner or

master of the ship, at any time before the person appointed

under this section to survey the ship makes that survey, may

require that he shall be accompanied by such person as the

owner or master may select out of the list of assessors for the

court of survey, and in that case if the surveyor and assessor

agree, the Minister responsible for shipping shall cause the ship

to be detained or released accordingly, but if they differ, the

(1894 c.

60,s.459;

1897

c.59,s.1(1))

Merchant Shipping

1935-09

Minister responsible for shipping may act as if the requisition

had not been made, and the owner and master shall have the

like appeal touching the report of the surveyor as is before

provided by this section;

(f) where a ship has been provisionally detained, the Minister

responsible for shipping may at any time, if he thinks it

expedient, refer the matter to the court of survey;

(g) the Minister responsible for shipping may at any time, if

satisfied that a ship detained under this section is not unsafe,

order her to be released either upon or without any conditions.

(2) Any person appointed by the Minister responsible for shipping for

the purpose (in this Act referred to as a detaining officer) shall have the

same power as the Minister responsible for shipping has under this section

of ordering the provisional detention of a ship for the purpose of being

surveyed, and of appointing a person or persons to survey her and if he

thinks that a ship so detained by him is not unsafe may order her to be

released.

(3) A detaining officer shall forthwith report to the Minister responsible

for shipping any order made by him for the detention or release of a ship.

(4) An order for the detention of a ship, provisional or final, and an

order varying the same, shall be served as soon as may be on the master of

the ship.

(5) A ship detained under this section shall not be released by reason of

her British register being subsequently closed.

(6) The Captain of the Port shall be a detaining officer for the purposes

of this Act and, in addition, the Minister responsible for shipping may

appoint any other fit persons to act as detaining, officers, and may remove

any such officers. A detaining officer shall be paid such salary or

remuneration (if any) as the Minister responsible for shipping may direct,

and shall for the purpose of his duties have all the powers of a Board of

Trade inspector under the Merchant Shipping Acts.

(7) A detaining officer and a person authorized to survey a ship under

this section shall for that purpose have the same power as a person

appointed by a court of survey to survey a ship, and the provisions of this

Act with respect to the person so appointed shall apply accordingly.

Liability for costs and damages.

Merchant Shipping

1935-09

117.(1) If it appears that there was not reasonable and probable cause, by

reason of the condition of the ship or the act or default of the owner, for the

provisional detention of a ship under this Part as an unsafe ship, the

Government shall be liable to pay the owner of the ship his costs of and

incidental to the detention and survey of the ship, and also compensation for

any loss or damage sustained by him by reason of the detention or survey.

(2) If a ship is finally detained under this Act, or if it appears that a ship

provisionally detained was, at the time of that detention, an unsafe ship

within the meaning of this Part, the owner of the ship shall be liable to pay

to the Government its costs of and incidental to the detention and survey of

the ship, and those costs shall, without prejudice to any other remedy, be

recoverable as salvage is recoverable.

(3) For the purpose of this section the costs of and incidental to any

proceeding before a court of survey, and a reasonable amount in respect of

the remuneration of the surveyor or officer of the Government, shall be part

of the costs of the detention and survey of the ship, and any dispute as to the

amount of those costs may be referred to the Registrar of the Supreme Court

who shall, on request by the Minister responsible for shipping, ascertain and

certify the proper amount of those costs.

(4) An action for any costs or compensation payable by the Government

under this section may be brought in the Supreme Court against the

Attorney-General in a suit instituted by the plaintiff against the Attorney-

General as defendant, and the rules of court for the time being in force shall

apply to such suit.

Power to require from complainant security for costs.

118.(1) Where a complaint is made to the Minister responsible for shipping

or a detaining officer that a British ship is unsafe, the Minister responsible

for shipping may, if he thinks fit, require the complainant to give security to

the satisfaction of the Minister responsible for shipping for the costs and

compensation which the Government may become liable to pay as

hereinafter mentioned.

(2) Such security shall not be required where the complaint is made by

one-fourth, being not less than three, of the seamen belonging to the ship,

and is not in the opinion of the Minister responsible for shipping or the

detaining officer frivolous or vexatious, and the Minister responsible for

shipping or such officer shall, if the complaint is made in sufficient time

before the sailing of the ship, take proper steps for ascertaining whether the

ship ought to be detained.

(3) Where a ship is detained in consequence of any complaint, and the

circumstances are such that the Government is liable under this Act to pay to

(1894 c.

60,s.460)

(s.461)

Merchant Shipping

1935-09

the owner of the ship any costs or compensation, the complainant shall be

liable to pay to the Government all such costs and compensation as the

Government incurs or is liable to pay in respect of the detention and survey

of the ship.

Application to foreign ships of provisions as to detention.

119.(1) Where a foreign ship being at Gibraltar is unsafe by reason of the

defective condition of her hull, equipments or machinery, or by reason of

overloading or improper loading, or by reason of undermanning, the

provisions of this Part with respect to the detention of ships shall apply to

that foreign ship as it she were a British ship, with the following

modifications:–

(i) a copy of the order for the provisional detention of the ship

shall be forthwith served on the consular officer for the country

to which the ship belongs;

(ii) where a ship has been provisionally detained, the consular

officer, on the request that the owner or master of the ship, may

require that the person appointed by the Minister responsible

for shipping to survey the ship shall be accompanied by such

person as a consular officer may select, and in that case, if the

surveyor and that person agree, the Minister responsible for

shipping shall-cause the ship to be detained or released

accordingly, but if they differ, the Minister responsible for

shipping may act as if the requisition had not been made, and

the owner and master shall have the like appeal to a court of

survey touching the report of the surveyor as is hereinafter

provided in the case of a British ship; and

(iii) where the owner or master of the ship appeals to the court of

survey, the consular officer, on his request may appoint a

competent person to be assessor in the case in lieu of one of the

assessors who would otherwise be appointed by the Minister

responsible for shipping under section 149.

(2) Nothing in the foregoing provisions of this section shall affect any

foreign ship not bound for Gibraltar which comes into Gibraltar for any

purpose other than the purpose of embarking or landing passengers or taking

in or discharging cargo or taking in bunker coal or oil fuel or any material

for the purpose of refuelling, or taking in water or stores.

Survey of ships alleged by seamen to be unseaworthy.

120.(1) Whenever in any proceeding against any seaman or apprentice

belonging to any ship for the offence of desertion, or absence without leave

(1894 c.

60,s.462;

1897

c.59,s.1(2)

; 1906

c.48,s.s.2

& 6)

(1894 c.

60, s.463)

Merchant Shipping

1935-09

or for otherwise being absent from his ship without leave, it is alleged by

one–fourth, or if their number exceeds twenty by not less than five, of the

seamen belonging to the ship, that the ship is by reason of unseaworthiness,

overloading, improper loading, defective equipment or for any other reason,

not in a fit condition to proceed to sea, or that the accommodation in the

ship is insufficient, the court having cognizance of the case shall take such

means as may be in its power to satisfy itself concerning the truth or untruth

of the allegation, and shall for that purpose receive the evidence of the

persons making the same, and may summon any other witnesses whose

evidence it may think it desirable to hear, and shall, if satisfied that the

allegation is groundless, adjudicate in the case, but if not so satisfied shall

before adjudication cause the ship to be surveyed.

(2) A seaman or apprentice charged with desertion, or with quitting his

ship without leave, shall not have any right to apply for a survey under this

section unless he has before quitting his ship complained to the master of

the circumstances so alleged in justification.

(3) For the purposes of this section the court shall require any surveyor

of ships appointed under this Act, or any person appointed for the purpose

by the Minister responsible for shipping, or, if such a surveyor or person

cannot be obtained without unreasonable expense or delay, or is not, in the

opinion of the court, competent to deal with the special circumstances of the

case, then any other impartial surveyor appointed by the court and having no

interest in the ship, her freight or cargo, to survey the ship, and to answer

any question concerning her which the court thinks fit to put.

(4) Such surveyor or other person shall survey the ship, and make his

written report to the court, including an answer to every question put to him

by the court, and the court shall cause the report to be communicated to the

parties, and, unless the opinions expressed in the report are proved to the

satisfaction of the court to be erroneous, shall determine the questions

before it in accordance with those opinions.

(5) Any person making a survey under this section shall for the purposes

thereof have all the powers of a Board of Trade inspector under the

Merchant Shipping Acts.

(6) The costs (if any) of the survey shall be determined by the Minister

responsible for shipping according to a scale of fees to be fixed by him.

(7) If it is proved that the ship is in a fit condition to proceed to sea, or

that the accommodation is sufficient, as the case may be, the costs of the

survey shall be paid by the person upon whose demand, or in consequence

of whose allegation the survey was made, and may be deducted by the

master or owner out of the wages due or to become due to that person, and

shall be paid over to the Government.

Merchant Shipping

1935-09

(8) If it is proved that the ship is not in a fit condition to proceed to sea,

or that the accommodation is insufficient, as the case may be, the master or

owner of the ship shall pay the costs of the survey to the Government, and

shall be liable to pay to the seaman or apprentice, who has been detained in

consequence of the proceeding before the court under this section, such

compensation for his detention as the court may award.

PART V.

PROVISIONS RELATING TO LOAD LINES.

Implementation of Merchant Shipping (Load Lines) Act 1967, etc.

121.(1) Subject to section 122 the provisions of the Merchant Shipping

(Load Lines) Act, 1967 (hereinafter referred to as “the 1967 Act”) and the

load line rules made thereunder shall mutatis mutandis apply in relation to–

(a) ships registered in Gibraltar to the same extent as if such ships

were registered in the United Kingdom, and

(b) ships not registered in Gibraltar while they are in Gibraltar.

(2) Whenever there is a conflict between the provision of the 1967 Act or

the load line rules made thereunder and the provisions of this Act the

provisions of that Act or the said rules as the case may be, shall prevail to

the extent of the conflict.

Exemptions.

122.(1) Section 121 shall not apply in rleation to–

(a) ships engaged solely in trading in the Bay of Gibraltar,

(b) ships exempted under subsection (2) of this section,

(d) pleasure yeachts,

(e) ships of less than one hundred and fifty tons gross tonnage.

(2) The powers of the Board of Trade under section 18 of the 1967 Act may

be exercised by the Minister responsible for shipping by regulations as if

“Gibraltar” were substituted for “the United Kingdom.

Merchant Shipping

1935-09

123 to 132. Revoked by 1988-02.

132. Revoked.

Part VA. Sections 132A to 132R. Revoked.

PART VI.

SPECIAL PROVISIONS RELATING TO PART V.

Notice to be given to consular officer where proceedings taken in

respect of foreign ship.

133. Where a ship other than a ship registered in Gibraltar or in the United

Kingdom is detained in pursuance of the provisions of section 101A, and

where any proceedings are taken thereunder against the master or owner of

any such ship, notice shall forthwith be served on the consular officer at

Gibraltar for the country to which the ship belongs and such notice shall

specify the grounds on which the ship has been detained or the proceedings

have been taken.

Cost of detaining ships.

134. Where a ship is detained in pursuance of any provision of section 101A

or Part V which provides for the detention of a ship until a certain event

occurs, section 117(2) shall apply as if the ship had been finally detained

within the meaning of that subsection.

PART VII.

SPECIAL SHIPPING INQUIRIES

AND COURTS.

Inquiries and Investigations as to Shipping Casualties.

General power of inquiry or investigation into shipping casualties and

conduct of officers.

135.(1) Inquiries or investigations may be made under this Part as to

shipwrecks, or other casualties affecting ships, or as to charges of

incompetency, or misconduct on the part of masters, mates or engineers of

ships, in the following cases, namely:–

(a) where a shipwreck or casualty occurs to a British ship on or

near the coasts of Gibraltar or to a British ship in the course of

a voyage to Gibraltar; or

(1932 c. 9,

s.69)

(s.70)

(1894 c.

60,s.478)

Merchant Shipping

1935-09

(b) where a shipwreck or casualty occurs in any part of the world

to a British ship registered in Gibraltar; or

wrecked or to which a casualty has occurred, and who are

competent witnesses to the facts, are found in Gibraltar; or

(d) where the incompetency or misconduct has occurred on board a

British ship on or near the coasts of Gibraltar, or on board a

British ship in the course of a voyage to Gibraltar; or

(e) where the incompetency or misconduct has occurred on board a

British ship registered in Gibraltar; or

(f) when the master, mate or engineer of a British ship who is

charged with incompetency or misconduct on board that British

ship is found in Gibraltar.

(2) A court authorized to make any such inquiry or investigation shall

have the same jurisdiction over the matter in question as if it had occurred

within its ordinary jurisdiction, but subject to all provisions, restrictions and

conditions which would have been applicable if it had so occurred.

(3) No such inquiry or investigation shall be held into any matter which

has once been the subject of an investigation or inquiry and has been

reported on by a competent court or tribunal in any part of Her Majesty’s

dominions, or in respect of which the certificate of a master, mate or

engineer has been cancelled or suspended by a naval court under powers

conferred by the Merchant Shipping Acts.

(4) Where an investigation or inquiry has been commenced in the

United Kingdom wit reference to any matter an inquiry or investigation with

reference to the same matter shall not be held under this section.

(5) The court or tribunal holding an inquiry or investigation under this

section shall have the same power of cancelling and suspending certificates

(whether issued under this Act or the Merchant Shipping Acts), and shall

exercise those powers in the same manner as a court or tribunal holding a

similar investigation or inquiry in the United Kingdom.

(6) The Board of Trade may order the rehearing of any such inquiry or

investigation held in Gibraltar in like manner as they may order the

rehearing of a similar investigation or inquiry in the United Kingdom, but if

an application for rehearing either is not made or is refused, an appeal shall

lie from any order or finding of the court holding the inquiry to the High

Court in England:

Merchant Shipping

1935-09

Provided that an appeal shall not lie–

(a) from any order or finding on an inquiry into a casualty affecting

a ship registered in Gibraltar; or

(b) from a decision affecting the certificate of a master, mate or

engineer, if that certificate has not been granted either in the

United Kingdom or in a British possession, under the authority

of the Merchant Shipping Acts.

Preliminary inquiry into shipping casualties.

136.(1) Where a shipping casualty has occurred a preliminary inquiry may

be held respecting the casualty by the Captain of the Port or any other person

appointed for the purpose by the Minister responsible for shipping,

(2) For the purposes of any such inquiry the person holding the same

shall have the powers of a Board of Trade inspector under the Merchant

Shipping Acts.

Formal investigation of shipping casualties.

137.(1) A person authorized as aforesaid to make a preliminary inquiry shall

in any case where it appears to him requisite or expedient (whether upon a

preliminary inquiry or without holding such an inquiry) that a formal

investigation should be held, and in any case where the Minister responsible

for shipping so directs, apply to the magistrates’ court to hold a formal

investigation, and that court shall thereupon hold the formal investigation.

(2) The court holding any such formal investigation shall hold the same

with the assistance of one or more assessors of nautical, engineering or other

special skill or knowledge, to be appointed by the Minister responsible for

shipping.

(3) Where a formal investigation involves or appears likely to involve

any question as to the cancelling or suspension of the certificate of a master,

mate or engineer, the court shall hold the investigation with the assistance of

not less than two assessors having experience in the merchant service.

(4) It shall be the duty of the person who has applied to a court to hold a

formal investigation to superintend the management of the case, and to

render such assistance to the court as is in his power.

(5) The court after hearing the case shall make a report to the Minister

responsible for shipping containing a full statement of the case and of the

opinion of the court thereon, accompanied by such report of, or extracts

from, the evidence, and such observations as the court thinks fit.

(1894 c.

60,s.465)

(1894 c.

60,s.466)

Merchant Shipping

1935-09

(6) Each assessor shall either sign the report or state in writing to the

Minister responsible for shipping his dissent therefrom and the reasons for

that dissent.

(7) The court may make such order as the court thinks fit respecting the

costs of the investigation, or any part thereof, and such order shall be

enforced in a summary manner.

(8) The Minister responsible for shipping may, if in any case he thinks

fit so to do, pay the costs of any such formal investigation.

(9) For the purposes of this section the court holding a formal

investigation shall have the powers of the magistrates’ court.

(10) In accordance with Article 19 of Part 7 of the British Commonwealth

Merchant Shipping Agreement, 1931 * , a formal investigation shall not be

held into a casualty occurring to ship registered in another part of the

Commonwealth save at the request, or with the consent of, the government

of that part in which the ship is registered:

Provided that this restriction shall not apply when a casualty occurs on or

near the coasts of Gibraltar, or whilst the ship is wholly engaged in trading

in the Bay of Gibraltar.

Method of conducting formal investigations.

138.(1) Every formal investigation into a shipping casualty shall be

conducted in such manner that if a charge is made against any person, that

person shall have an opportunity of making a defence.

(2) Formal investigations into shipping casualties under section 137

shall be held in the court ordinarily used as the magistrates’ court.

Inquiry in case of loss of life from fishing vessel’s boat.

139. When any loss of life arises by reason of any casualty happening to or

on board any boat belonging to a fishing vessel, the Minister responsible for

shipping may, if he thinks fit, cause an inquiry to be made or a formal

investigation to be held as in the case of a shipping casualty, and the

provisions of this Act relating thereto shall apply accordingly.

Power as to Certificates of Officers and Others.

Power of the Minister responsible for shipping as to certificate.

* Cmnd. 3994. This agreement is deemed terminated with effect from 7 April 1982.

(1894 c.

60, s.

466(11) &

(12))

(s.468)

Merchant Shipping

1935-09

140. The Minister responsible for shipping may suspend or cancel the

certificate granted under section 7 to any person if it is shown that the

grantee has been convicted of any offence.

Power of court of investigation or inquiry as to certificate.

141. (1) The certificate of competency granted to any deck officer or to any

marine engineer officer or marine engine operator under the Regulations

mentioned in section 3A or 3B, as the case may be, may be cancelled or

suspended–

(a) by a court holding a formal investigation into a shipping

casualty under this Part, if the court finds that the loss or

abandonment of, or serious damage to, any ship, or loss of life

has been caused by his wrongful act or default:

Provided that the court shall not cancel or suspend a

certificate unless one at least of the assessors concurs in the

finding of the court; or

(b) by a court holding an inquiry under this Part, into the conduct

of a holder of a certificate of competency granted under the

Regulations mentioned in section 3A or 3B, as the case may be,

if it finds that he is incompetent, or has been guilty of any gross

act of misconduct, drunkenness or tyranny, or that in a case of

collision he has failed to render such assistance or give such

information as is required under Part V of the Merchant

Shipping Act, 1894.

(2) Where any case before any such court involves a question as to the

cancelling or suspending of a certificate, that court shall, at the conclusion

of the case or as soon afterwards as possible, state in open court the decision

to which it has come with respect to the cancelling or suspending thereof.

(3) The court shall in all cases send a full report on the case with the

evidence to the Governor, and shall also, if it determines to cancel or

suspend any certificate, send the certificate cancelled or suspended to the

Governor with its report.

(4) A certificate shall not be cancelled or suspended by a court under

this section, unless a copy of the report or a statement of the case on which

the investigation or inquiry has been ordered, has been furnished before the

commencement of the investigation or inquiry to the holder of the

certificate.

Inquiry into conduct of certificated officer.

(s.469)

(s.470)

Merchant Shipping

1935-09

142.(1) If the Minister responsible for shipping, either upon the report of the

Captain of the Port or otherwise, has reason to believe that any master, mate

or certificated engineer is from incompetency or misconduct unfit to

discharge his duties, or that in a case of collision he has failed to render such

assistance or give such information as is required under Part V of the

Merchant Shipping Act, 1894, the Minister responsible for shipping may

cause an inquiry to be held by the magistrates’ court, the Captain of the Port

or some other person designated by the Minister responsible for shipping.

(2) Where an inquiry is held by the Captain of the Port or a person

appointed by the Governor, the Captain of the Port or such person–

(a) shall hold the inquiry with the assistance of a competent legal

assistant appointed by the Governor;

(b) shall have all the powers of a Board of Trade inspector under

the Merchant Shipping Acts;

is made an opportunity of making his defence either in person

or otherwise, and may summon him to appear;

(d) may make such order with regard to the costs of the inquiry as

he thinks just; and

(e) shall send a report upon the case to the Governor.

(3) Where the inquiry is held by the magistrates’ court the inquiry shall

be conducted and the results reported in the same manner, and the court

shall have the like powers, as in the case of a formal investigation into a

shipping casualty under this Part of this Act:

Provided that, if the Minister responsible for shipping so directs, it shall be

the duty of the person who has brought the charge against the master, mate

or engineer to the notice of the Minister responsible for shipping, to conduct

the case and that person shall in that case, for the purpose of this Act, be

deemed to be the party having the conduct of the case.

Power to summon witness to inquiry.

142A.(1) The persons holding an inquiry under section 142 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

(1894 c.

60,s.471)

Merchant Shipping

1935-09

(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, and

(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

(b) impose on him a fine not exceeding £1,000,

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 magistrates’ court, and the persons holding the enquiry shall,

as soon as practicable after imposing the fine, give particulars of it to the

clerk of that court.

Merchant Shipping

1935-09

Removal of master by Supreme Court.

143.(1) The Supreme Court may remove the master of any ship within the

jurisdiction of the court, if that removal is shown to the satisfaction of the

court by evidence on oath to be necessary.

(2) The removal may be made upon the application of any owner of the

ship or his agent, or of the consignee of the ship, or of any certificated mate,

or of one–third or more of the crew of the ship.

(3) The court may appoint a new master instead of the one removed but,

where the owner, agent or consignee of the ship is within the jurisdiction of

the court, such an appointment shall not be made without the consent of that

owner, agent or consignee.

(4) The court may also make such order and require such security in

respect of the costs of the matter as the court thinks fit.

Delivery of certificate cancelled or suspended.

144.(1) A master, mate or engineer whose certificate is cancelled or

suspended by any court or by the Minister responsible for shipping shall

deliver his certificate–

(a) if cancelled or suspended by a court to that court on demand;

and

(b) if not so demanded, or if it is cancelled or suspended by the

Minister responsible for shipping, to the Minister responsible

for shipping, or as the Minister responsible for shipping directs.

(2) A master, mate or engineer who fails to comply with this section, is

guilty of an offence and is liable on conviction to a fine of £400.

Power of Minister responsible for shipping to restore certificate.

145. The Minister responsible for shipping may, if he thinks that the justice

of the case requires it, re-issue and return the certificate granted under this

Act of a master, mate or engineer which has been cancelled or suspended, or

shorten the time for which it is suspended, or grant in place thereof a

certificate of the same or any lower grade.

Rehearing of Investigation and Inquiries,

Rehearing of inquiries and investigations.

(1894 c.

60,s.472)

(1894 c.

60, s.473)

(s.474)

Merchant Shipping

1935-09

146.(1) The Minister responsible for shipping may, in any case where under

this Part a formal investigation into a shipping casualty, or an inquiry into

the conduct of a master, mate or engineer has been held, order the case to be

reheard either generally or as to any part thereof, and shall do so–

(a) if new and important evidence which could not be produced at

the investigation or inquiry has been discovered; or

(b) if for any other reason there has in his opinion been ground for

suspecting that a miscarriage of justice has occurred.

(2) The Minister responsible for shipping may order the case to be

reheard by the court or person by whom the case was heard in the first

instance, or by a person appointed for the purpose, and the case shall be so

reheard accordingly.

(3) Where on any such investigation or inquiry, a decision has been

given with respect to the cancelling or suspension of the certificate of a

master, mate or engineer, and an application for a rehearing under this

section has not been made or has been refused, an appeal shall lie from the

decision to the Supreme Court.

(4) Any rehearing or appeal under this section shall be subject to and

conducted in accordance with such conditions and regulations as may be

prescribed by rules of court made in relation thereto under the powers

contained in this Part.

Supplemental Provisions as to Investigations and Inquiries.

Appeal from decision on investigation as to shipping casualties.

147. Where on any investigation or inquiry under the provisions of this Part,

the court finds that a shipping casualty has been caused or contributed to by

the wrongful act or default of any person, and an application for rehearing

has not been made under section 146, or has been refused, the owner of the

ship, or any other person who, having an interest in the investigation or

inquiry, has appeared at the hearing and is affected by the decision of the

court, may appeal from that decision in the same manner and subject to the

same conditions in and subject to which a master may appeal under that

section against a decision with respect to the cancelling or suspension of his

certificate.

Rules of Court.

148. The Chief Justice may make rules of court for carrying into effect the

enactments relating to formal investigations and to any rehearing of, or

appeal from, any investigation or inquiry held under this Part and in

(s.475)

(1906

c.48,s.66)

(1894 c.60,

s.479(1))

Merchant Shipping

1935-09

particular with respect to the procedure, the summoning of the parties, the

persons allowed to appear, the notice to those parties or persons affected,

and the amount and application of fees.

Constitution of court of survey.

149. The court of survey shall consist of the Chief Justice or other person

appointed by the Minister responsible for shipping, sitting with two

assessors (who shall be persons of nautical, engineering or other special skill

and experience) also appointed by the Minister responsible for shipping.

Power and procedure of court of survey.

150.(1) The court of survey shall hear every case in open court.

(2) Each member of the court may survey the ship, and shall have for the

purposes of this Act all the powers of a Board of Trade inspector under the

Merchant Shipping Acts.

(3) The court may appoint any competent person or persons to survey

the ship and report thereon to the court,

(4) Each member of the court and any person appointed by the court to

survey a ship, may go on board the ship and inspect the same and every part

thereof, and the machinery, equipment and cargo, and may require the

unloading or removal of any cargo, ballast or tackle, an any person who

wilfully impedes such member of the court or person in the execution of the

survey, or fails to comply with any requisition made by him, is guilty of an

offence and is liable on conviction to a fine of £200.

(5) The court shall have the same power as the Minister responsible for

shipping has to order the ship to be released or finally detained, but, unless

one of the assessors concurs in an order for the detention of the ship, the

ship shall be released.

(6) The owner and master of the ship and any person appointed by the

owner or master, and also any person appointed by the Minister responsible

for shipping, may attend at any inspection or survey made in pursuance of

this section.

(7) The court shall send its report to the Minister responsible for

shipping and each assessor shall either sign the report or report to the

Minister responsible for shipping the reasons for his dissent,

Rules for procedure of court of survey, etc.

(s.487(1))

(s.488)

Merchant Shipping

1935-09

151. The Chief Justice may make rules of court to carry into effect the

provisions of this Act with respect to the court of survey, and in particular

with respect to the summoning of and procedure before the court, the

requiring on an appeal security for costs and damages, and the amount and

application of fees.

Payments to Officers of Courts.

Payments to officers of courts.

152. There may be paid out of the Consolidated Fund to any member of a

court of survey or investigation under this Part, or to any other officer or

person appointed for the purpose of any court of survey or investigation

under this Part, such remuneration (if any) as the Minister responsible for

shipping may direct.

PART VIII.

WRECK AND SALVAGE.

Vessels in Distress.

Interpretation.

153.(1) In this Part, unless the context otherwise requires,–

“wreck” includes jetsam, flotsam, lagan and derelict found in or on the

shores of Gibraltar;

“salvage” includes all expenses, properly incurred by the salvor in the

performance of the salvage services.

(2) This Part shall have effect subject to the provisions of section 171A

below.

Duty of receiver where vessel in distress.

154. (1) Where a British or foreign vessel is wrecked, stranded or in distress

at any place on or near the coasts of Gibraltar, the receiver of wreck shall,

upon being made acquainted with the circumstance, forthwith proceed there,

and upon his arrival shall take the command of all persons present, and shall

assign such duties and give such directions to each person as he thinks fit for

the preservation of the vessel and of the lives of the persons belonging to the

vessel (in this Part referred to as shipwrecked persons) and of the cargo and

apparel of the vessel.

(2) A person who wilfully disobeys the directions of the receiver is

guilty of an offence and is liable on conviction to a fine of £400, but the

(s.489)

(1894

c.60,s.491)

(s.510)

(s.511)

Merchant Shipping

1935-09

receiver shall not interfere between the master and the crew of the vessel in

reference to the management thereof, unless he is requested to do so by the

master.

Powers of receiver in case of vessels in distress.

155.(1) The receiver may, with a view to such preservation of shipwrecked

persons, or of the vessel, cargo or apparel–

(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 aid with his men or vessel, as

maybe in his power;

vehicle or any draught animal that may be near at hand.

(2) A person who refuses without reasonable cause to comply with any

such requisition or demand, is guilty of an offence and is liable on

conviction to a fine of £200, but a person shall not be liable to pay any duty

or licence in respect of any such motor vehicle, wagon, cart or other vehicle

or animal, by reason only of the use of the same under this section.

Power of receiver to suppress plunder and disorder by force.

156.(1) Whenever a vessel is wrecked, stranded or in distress as aforesaid,

and any person plunders, creates disorder or obstructs the preservation of the

vessel or of the shipwrecked persons or of the cargo or apparel of the vessel,

the receiver may cause that person to be apprehended.

(2) The receiver may use force for the suppression of any such

plundering, disorder or obstruction and may command all Her Majesty’s

subjects to assist him in so using force.

(3) If any person is killed, maimed or hurt by reason of his resisting the

receiver or any person acting under the orders of the receiver in the

execution of the duties by this Part committed to the receiver, neither the

receiver nor the person acting under his orders shall be liable to any

punishment, or to pay any damages by reason of the person being so killed,

maimed or hurt.

Exercise of powers of receiver in his absence.

157.(1) Where a receiver is not present, the following officers or persons in

succession (each in the absence of the other, in the order in which they are

(s.512)

(1894

c.60,s.514)

(s.516)

Merchant Shipping

1935-09

named), namely, any revenue officer, justice, commissioned officer on full

pay in the naval, military or air service of Her Majesty, may do anything by

this Part authorized to be done by the receiver.

(2) Any person acting under this section for a receiver shill, with respect

to any goods or articles belonging to a vessel the delivery of which to the

receiver is required by this Act, be considered as the agent of the receiver,

and shall place the same in the custody of the receiver, but’ he shall not be

entitled to any fees payable to receivers, or be deprived by reason of his so

acting of any right to salvage to which he would otherwise be entitled.

Examination in respect of ships in distress.

158.(1) Where any ship, British or foreign, is or has been in distress on the

coasts of Gibraltar, the receiver of wreck shall, as soon as conveniently may

be, examine on oath (and he is hereby empowered to administer the oath)

any person belonging to the ship, or any other person who may be able to

give any account thereof or of the cargo or stores thereof, as to the following

matters, that is to say:–

(a) the name and description of the ship;

(b) the name of the master and of the owners;

(d) the ports from and to which the ship was bound;

(e) the occasion of the distress of the ship;

(f) the services rendered; and

(g) such other matters or circumstances relating to the ship, or to

the cargo on board the same, as the person holding the

examination thinks necessary.

(2) The receiver of wreck shall take the same down in writing and shall

send one copy thereof to the Minister responsible for shipping and another

copy to the Principal Clerk at Lloyd’s in London.

(3) The receiver of wreck shall, for the purposes of such examination,

have all the powers of a Board of Trade inspector under the merchant

shipping Acts.

Dealing with Wreck.

Provision as to wreck found in Gibraltar.

(s.517)

Merchant Shipping

1935-09

159.(1) Where any person finds or takes possession of any wreck within the

limits of Gibraltar or finds or takes possession of any wreck outside the

limits of Gibraltar and brings that wreck within the limits of Gibraltar, he

shall,–

(a) if he is the owner thereof, give notice to the receiver stating

that he has found or taken possession of the same, and

describing the marks by which the same may be recognized;

(b) if he is not the owner thereof, as soon as possible deliver the

same to the

(2) A person who fails without reasonable cause, to comply with

subsection (1) is guilty of an offence and is liable on conviction to a fine of

£100, and shall in addition, if he is not the owner, forfeit any claim to

salvage, and shall be liable to pay to the owner of the wreck if it is claimed

or, if it is unclaimed to the person entitled to the same, double the value

thereof, to be recovered in the same way as a fine of a like amount under

this Act.

Penalty for taking wreck at time of casualty.

160.(1) Where a vessel is wrecked, stranded or in distress at any place on or

near the coasts of Gibraltar, any cargo or other articles belonging to or

separated from the vessel, which may be washed on shore or otherwise lost

or taken from the vessel shall be delivered to the receiver.

(2) A person, whether the owner or not, who secrets or keeps possession

of any such cargo or article, or refuses to deliver the same to the receiver or

any person authorized by him to demand the same, is guilty of an offence

and is liable on conviction to a fine of £l00.

(3) The receiver or any person authorized as aforesaid may take any

such cargo or article by force from the person so refusing to deliver the

same.

Notice of wreck to be given by receiver.

161.Where a receiver takes possession of any wreck he shall within forty-

eight hours–

(a) cause to be posted at the Port Office a description of the wreck

and of any marks by which it is distinguished; and

(1894

c.60,s.518;

1906

c.48,s.72)

(1894

c.60,s.519)

(s.520)

Merchant Shipping

1935-09

(b) if in his opinion the value of the wreck exceeds £20 also

transmit a similar description to the Principal Clerk at Lloyd’s

in London.

Claims of owners to wreck.

162.(1) The owner of any wreck in the possession of the receiver, upon

establishing his claim to the same to the satisfaction of the receiver within

one year from the time at which the wreck came into the possession of the

receiver, shall, upon paying the salvage, fees and expenses due, be entitled

to have the wreck or the proceeds thereof delivered up to him.

(2) Where a foreign ship or any articles belonging to or forming pint of a

foreign ship, which has been wrecked on or near the coasts of Gibraltar, or

belonging to and forming part of the cargo, are found on or near those

coasts, or are brought into Gibraltar, the consul of the country to which the

ship or in the case of cargo to which the owners of the cargo may have

belonged, or any consular officer of that country authorized in that behalf,

shall, in the absence of the owner and of the master or other agent of the

owner, be deemed to be the agent of the owner, so far as relates to the

custody and disposal of the wrecked ship or of such articles.

Immediate sale of wreck by receiver in certain cases.

163. A receiver may at any time sell any wreck in his custody, if in his

opinion–

(a) it is under the value of £5; or

(b) it is so much damaged or of so perishable a nature that it cannot

with advantage be kept; or

and the proceeds of the sale shall, after defraying the expenses thereof, be

held by the receiver for the same purposes and subject to the same claims,

fights and liabilities as if the wreck had remained unsold.

Rights of Crown to and disposal of unclaimed wreck.

164. (1) Her Majesty is entitled to all unclaimed wreck to which this Part

relates.

(2) Where no owner establishes a claim to any wreck in the possession

of a receiver, within one year after it came into his possession, the receiver

shall sell the same and shall pay the proceeds of the sale (after deducting

therefrom the expenses of the sale, and any other expenses incurred by him,

(1894

c.60,s.521)

(s.522)

(ss.523 &

525)

Merchant Shipping

1935-09

and his fees, and paying thereout to the salvors such amount of salvage as

the Minister responsible for shipping may in each case, or by any general

rule, determine) into the Treasury for the benefit of the crown.

Removal of wreck by receiver and recovery of expenditure.

165.(1) Where any vessel is sunk, stranded or abandoned at Gibraltar in

such manner as, in the opinion of the receiver, to be, or likely to become, an

obstruction or danger to navigation or to cause by means of silting or

otherwise any obstruction to the navigation of any craft whatsoever, the

receiver may–

(a) take possession of, and raise, remove or destroy the whole or

any part of the vessel;

(b) light or buoy any such vessel or part until the raising, removal

or destruction thereof; and

raised or removed, and also any other property recovered in the

exercise of his powers under this section, and out of the

proceeds of the sale reimburse himself for the expenses

incurred by him in relation thereto under this section, and the

receiver shall hold the surplus (if any) of the proceeds in trust

for the persons entitled thereto:

Provided as follows:–

(i) a sale shall not (except in the case of property which is of

a perishable nature, or which would deteriorate in value

by delay) be made under this section until at least seven

clear days’ notice of the intended sale has been given by

advertisement in some local newspaper; and

(ii) at any time before any property is sold under this section,

he owner thereof shall be entitled to have the same

delivered to him on payment to the receiver of the fair

market value thereof, to be ascertained by agreement

between the receiver and the owner, or failing agreement

by some person to be named for the purpose by the

Minister responsible for shipping, and the sum paid to

the receiver as the value of any property under this

provision shall, for the purposes of this section, be

deemed to be the proceeds of sale of that property.

(2) Any expenditure incurred by the receiver in removing any vessel or

part thereof or other property as provided for by this section, and which is

(s.530)

Merchant Shipping

1935-09

not recovered out of the proceeds of the sale of such vessel or part thereof or

other property shall be a debt due to the Crown by the owner or agent of the

vessel and may be sued for the recovered in the Supreme Court in the name

of the Attorney-General.

Powers of removal to extend to tackle, cargo, etc.

166. The provisions of this Part relating to removal of wrecks shall apply to

every article or thing or collection of things being or forming part of the

tackle, equipment, cargo, stores or ballast of a vessel in the same manner as

if it were included in the word “vessel,” and for the purposes of these

provisions any proceeds of sale arising from a vessel and from the cargo

thereof or any other property recovered therefrom, shall be regarded as a

common fund.

Protection of Crown interests in wrecks.

167.(1) Without prejudice to section 219, the powers conferred on the

receiver by sections 165 and 166 shall not be exercisable–

(a) in relation to any vessel sunk, stranded or abandoned by design

by or under the orders of a person acting on behalf of Her

Majesty or an officer or servant of the Crown acting in the

course of his duty as such;

(b) except with the consent of the Senior Naval Officer, which may

be given with or without such a direction as is referred to in

paragraph (b) of subsection (2) of this section, in relation to any

vessel which is not excluded from the exercise of those powers

by virtue of being a vessel belonging to Her Majesty, but

which, at the time when the vessel was sunk, stranded or

abandoned–

(i) had been required to be placed at the disposal of Her

Majesty or of a Government department; and

(ii) was appropriated to the service, under the direction and

control of the Admiralty, of Her Majesty’s ships of war.

(2) The receiver shall jive notice in writing to the Senior Naval Officer

of any decision of the receiver to exercise in relation to any vessel any of the

powers aforesaid other than the power of lighting and buoying and, except

in a case which is in the opinion of the receiver a case of emergency, shall

not proceed with the exercise thereof–

(1894

c.60,s.532)

(1958

c.23,s.7)

Merchant Shipping

1935-09

(a) except with the consent of the Senior Naval Officer before the

expiration of a period of fourteen days from the giving of the

notice; or

(b) if before the expiration of that period there is served on the

receiver a direction by the Senior Naval Officer that those

powers shall not be exercised in relation to that vessel except in

such case as aforesaid,

and where in any such case the receiver proceeds to exercise those powers

without the consent and before the expiration of the period mentioned in

paragraph (a) of this subsection or after a direction has been served on him

as aforesaid, he shall not in the exercise of those powers use any explosives

and, if before the expiration of the period aforesaid such a direction is

served on him, shall not be entitled to exercise the power of sale conferred

by section 165:

Provided that–

(i) the receiver shall not be required to give notice under this

subsection in respect of any vessel in respect of which he

has received a consent under paragraph (b) of subsection

(1) of this section, but any direction such as is referred to

in paragraph (b) of this subsection accompanying that

consent shall be deemed for the purposes of this and

subsection (3) to have been duly served under paragraph

(b) of this subsection;

(ii) the prohibition on the use of explosives imposed by this

subsection shall not apply to the use for cutting away the

superstructure of a vessel of such small explosive

charges as may for the time being be approved by the

Senior Naval Officer for the purposes of this proviso.

(3) Where a direction is served in respect of any vessel under paragraph

(b) of subsection (2) the receiver may from time to time apply to the Senior

Naval Officer for the reimbursement of any expenses reasonably incurred by

him in marking, lighting, watching, buoying, controlling or giving warning

to shipping of the presence of that vessel.

(4) In this section “Senior Naval Officer” means the Senior Naval

Officer at Gibraltar and the person appointed by the Admiralty to be

Queen’s Harbour Master for Gibraltar.

Offences in Respect of Wreck.

Taking wreck to foreign port.

Merchant Shipping

1935-09

168. A person who takes into any foreign port any vessel stranded, derelict

or otherwise in distress, found on or near the coast of Gibraltar, or any part

of the cargo or apparel thereof, or anything belonging thereto, or any wreck

so found and there sells the same, is guilty of an offence and is liable on

conviction to imprisonment for five years.

Interfering with wrecked vessel or wreck.

169.(1) A person shall not without the leave of the master board or

endeavour to board any vessel which is wrecked, stranded or in distress,

unless that person is, or acts by command of, the receiver or a person

lawfully acting as such, and a person who acts in contravention of this

subsection is guilty of an offence and is liable on conviction to a fine of £50,

and the master of the vessel may repel him by force.

(2) A person shall not–

(a) impede or hinder, or endeavour in any way to impede or hinder,

the saving of any vessel stranded or in danger of being

stranded, or otherwise in distress on or near the coasts of

Gibraltar, or of any part of the cargo or apparel thereof, or of

any wreck; or

(b) secrete any wreck, or deface or obliterate any marks thereon; or

or in danger of being stranded, or otherwise in distress, on or

near the coasts of Gibraltar, or any part of the cargo or apparel

thereof, or any wreck,

and a person who acts in contravention of this subsection is guilty of an

offence and is liable on conviction to a fine of £50, and that fine may be

inflicted in addition to any punishment to which he may be liable by law

under this Act or otherwise.

Summary procedure for concealment of wreck.

170.(1) Where a receiver suspects or receives information that any wreck is

secreted or in possession of some person who is not the owner thereof, or

that any wreck is otherwise improperly dealt with, he may apply to any

justice of the peace for a search warrant, and that justice shall have power to

grant such a warrant, and the receiver, by virtue thereof may enter any house

or other place, wherever situate, and also any vessel, and search for, and

seize and detain any such wreck there found.

(1894

c.60,s.535)

(s.536)

(1894 c.60,s.

537)

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1935-09

(2) If any such seizure of wreck is made in consequence of information

given by any person to the receiver, on a warrant being issued under this

section, the informer shall be entitled, by way of salvage, to such sum not

exceeding in any case £5 as the receiver may allow.

Salvage.

Salvage payable for saving life.

171.(1) Where services are rendered wholly or in part within Gibraltar

waters in saving life from any British or foreign vessel, or elsewhere in

saving life from any British vessel registered in Gibraltar, there shall be

payable to the salvor by the owner of the vessel, cargo or apparel saved, a

reasonable amount of salvage, to be determined in case of dispute in manner

hereinafter mentioned.

(2) Salvage in respect of the preservation of fife when payable by the

owners of the vessel shall be payable in priority to all other claims for

salvage.

Convention on Salvage to have force of law

171A.(1) The provisions of the International Convention on Salvage, 1989

as set out in Part I of Schedule 5 to this Act (in this section and in Part II of

that Schedule referred to as “the Convention”) shall have the force of law in

Gibraltar.

(2) The provisions of Part II of that Schedule shall have effect in

connection with the Convention, and subsection (1) above shall have effect

subject to the provisions of that Part.

(3) If it appears to the Minister with responsibility for transport that the

government of the United Kingdom has agreed to any revision of the

Convention he may, by Order in the Gazette, make such modifications of

Parts I and II of Schedule 5 to this Act as he considers appropriate in

consequence of the revision.

(4) Nothing in subsection (1) or (2) above or in any modification made by

virtue of subsection (3) above shall affect any rights or liabilities arising out

of any salvage operations started or other acts done before the day on which

this section or, as the case may be, the modification comes into force.

(5) This section may be brought into force before the entry into force of

the Convention and as respects any such period any reference in the

Convention to a State Party to the Convention shall be read as a reference to

Gibraltar.

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1935-09

(6) The provisions of sections 171 to 179 shall have effect subject to the

provisions of this section.

Salvage of cargo of wreck.

172.(1) Where any vessel is wrecked, stranded or in distress at any place on

or near the coasts of Gibraltar, and services are rendered by any person in

assisting that vessel or saving the cargo or apparel of that vessel or any part

thereof, and where services are rendered by any person other than a receiver

in saving any wreck, there shall be payable to the salvor by the owner of the

vessel, cargo, apparel or wreck, a reasonable amount of salvage to be

determined in case of dispute by the Supreme Court in the Admiralty

jurisdiction.

(2) Disputes relating to salvage may be determined on the application

either of the salvor or of the owner of the property saved, or of their

respective agents.

Valuation of property by receiver.

173.(1) Where any dispute as to salvage arises, the receiver may, on the

application of either party, appoint a valuer to value that property, and shall

give copies of the valuation to both parties.

(2) Any 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 proceeding.

(3) There shall be paid in respect of the valuation by the person applying

for the same such fee as the Minister responsible for shipping may direct.

Detention of property liable for salvage by a receiver.

174.(1) Where salvage is due to any person under this Act, the receiver

shall–

(a) if the salvage is due in respect of services rendered in assisting

any vessel, or in saving life therefrom, or in saving the cargo or

apparel thereof, detain the vessel and cargo or apparel; 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 Act, detain the

wreck.

(2) Subject as hereinafter mentioned, the receiver shall detain the vessel

and the cargo and apparel or the wreck (hereinafter referred to as detained

(1894

c.60,s.546)

s.551).

(1894

c.60,s.552)

Merchant Shipping

1935-09

property) until payment is made for salvage, or process is issued for the

arrest or detention thereof by some competent court.

(3) A receiver may release any detained property if security is given to

his satisfaction or, if the claim for salvage exceeds £200 and any question is

raised as to the sufficiency of the security, to the satisfaction of the Supreme

Court.

(4) Any security given for salvage in pursuance of this section to an

amount exceeding £5,000 may be enforced by the Supreme Court in the

same manner as if bail had been given in that court.

Sale of detained property by receiver.

175.(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, that is to say:–

(a) where the amount is not disputed, and payment of the amount

due is not made within twenty days after the amount is due; or

(b) where the amount is disputed and within one month of the

decision of the Supreme Court neither payment of the sum due

is made nor proceedings are commenced for the purpose of

appeal.

(2) 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, so far as not required for that purpose, shall be paid to

the owners of the property, or any other persons entitled to receive the same.

Apportionment of salvage under £200 by receiver.

176.(1) Where the aggregate amount of salvage payable in respect of salvage

services rendered in Gibraltar has been finally determined, either in manner

provided by this Act or by agreement, and does not exceed £200, but a

dispute arises as to the apportionment thereof among several claimants, the

person liable to pay the amount may apply to the receiver for liberty to pay

the same to him and the receiver shall, if he thinks fit, receive the same

accordingly, and shall grant to the person paying the amount a certificate of

the amount paid and of the services in respect of which it is paid, and that

certificate shall be a full discharge and indemnity to the person by whom the

money is paid, and to his vessel, cargo, apparel and effects against the

claims of all persons whomsoever in respect of the services mentioned in the

certificate.

(s.553).

(s.555).

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(2) The receiver shall with all convenient speed distribute any amount

received by him under this section among the persons entitled to the same

on such evidence, and in such shares and proportions, as he thinks fit, and

may retain any money which appears to him to be payable to any person

who is absent.

(2A) Any decision by the receiver under subsection (2) above shall be made

on the basis of the criteria contained in article 13 of the International

Convention on Salvage, 1989 as set out in Part I of Schedule 5 below.

(3) A distribution made by a receiver in pursuance of this section shall

be final and conclusive as against all persons claiming to be entitled to any

portion of the amount distributed.

Appointment of Receiver of Wreck.

Appointment of receiver of wreck and his deputy.

177.(1) The Captain of the Port shall be the receiver of wreck (in this Part

referred to as a receiver) and shall perform the duties of a receiver under this

Part.

(2) The Minister responsible for shipping may appoint one or more

deputy receivers of wreck who, in the absence of the receiver, shall, for the

purposes of this Act, be deemed to be a receiver and have all the powers and

perform all the duties of a receiver.

Fees of Receiver of Wreck.

Receivers’ fees.

178.(1) There shall be paid to every receiver the expenses properly incurred

by him in the performance of his duties, and also, in respect of the several

matters specified in the Twentieth Schedule to the Merchant Shipping Act,

1894, such fees not exceeding the amounts therein mentioned as may be

directed by the Minister responsible for shipping, but a receiver shall not be

entitled to any remuneration other than those payments.

(2) The receiver shall, in addition to all other rights and remedies for the

recovery of those expenses or fees, have the same rights and remedies in

respect thereof as a salvor has in respect of salvage due to him.

(3) Whenever any dispute arises as to the amount payable to any

receiver in respect of expenses or fees, that dispute shall be determined by

the Minister responsible for shipping, and the decision of the Minister

responsible for shipping shall be final.

(1894

c.60,s.567)

Merchant Shipping

1935-09

(4) All fees received by a receiver in respect of any services performed

by him as receiver shall be carried to and form part of the Consolidated

Fund.

Duties on Wreck.

Provisions as to duty on wrecked goods.

179.(1) All wreck brought to or coming into Gibraltar shall be subject to the

same duties as if the same were imported, and if any question arises as to the

origin of the goods they shall be deemed to be the produce of such country

as the Minister responsible for finance may on investigation determine.

(2) The Minister responsible for finance shall permit all goods, wares

and merchandise saved from any ship stranded or wrecked on her homeward

voyage to be forwarded to the port of her original destination and all goods,

wares and merchandise saved from any ship stranded or wrecked on her

outward voyage to be returned to the port at which the same were shipped,

but the Minister responsible for finance shall take security for the due

protection of the revenue in respect of those goods.

PART VIIIA.

WRECK REMOVAL CONVENTION.

Preliminary

Scope of Part: Wreck Removal Convention.

179A.(1) The purpose of this Part is the implementation of the Nairobi

International Convention on the Removal of Wrecks, 2007.

(2) The text of the Wrecks Convention is set out in Schedule 6.

Interpretation of Part.

179B.(1) In this Part–

“accident” means a collision of ships, a stranding, another incident of

navigation or another event (whether on board a ship or not) which

results in material damage to a ship or its cargo or in an imminent

threat of material damage to a ship or its cargo;

“affected State” means a Wrecks Convention State in whose Convention

area the wreck is located, and includes Gibraltar when a wreck is

located in Gibraltar’s Convention area;

(s.569).

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1935-09

“Article”, without more, is a reference to an Article of the Wrecks

Convention;

“BGTW” means British Gibraltar Territorial Waters which is the area of

sea, the sea bed and subsoil within the seaward limits of the

territorial sea adjacent to Gibraltar under British sovereignty and

which, in accordance with the United Nations Convention on the

Law of the Sea 1982, currently extends to three nautical miles and

to the median line in the Bay of Gibraltar;

“Convention area” has the meaning given in Article 1(1) of the Wrecks

Convention and, in the case of Gibraltar, means BGTW;

“Captain of the Port” has the meaning given in the Port Act;

“Gibraltar ship” means a ship registered under the Gibraltar Merchant

Shipping (Registration) Act, 1993;

“hazard” means any condition or threat that–

(a) poses a danger or impediment to navigation; or

(b) may reasonably be expected to result in major harmful

consequences to the marine environment, or damage to the

coastline or related interests of Gibraltar, one or more Wreck

Convention States or Gibraltar and one or more Wreck

Convention States;

“marine casualty” 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 its cargo;

“operator of the ship” means the owner of the ship or any other

organization or person such as the manager, or the bareboat

charterer, who has assumed the responsibility for operation of the

ship from the owner of the ship and who, on assuming such

responsibility, has agreed to take over all duties and responsibilities established under the International Safety Management Code, as

amended;

“related interests” means the interests of Gibraltar, or of a coastal State,

when directly affected or threatened by a wreck, such as–

(a) maritime coastal, port and estuarine activities, including

fisheries activities, constituting an essential means of

livelihood of the persons concerned;

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1935-09

(b) tourist attractions and other economic interests of the area

concerned;

area concerned, including conservation of marine living

resources and of wildlife; and

(d) offshore and underwater infrastructure;

“registered 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 at the time of the maritime casualty, but in the case

of a ship owned by a State and operated by a company which in

that State is registered as the operator of the ship, “registered

owner” shall mean such company;

“removal” means any form of prevention, mitigation or elimination of the

hazard created by a wreck and “remove”, “removed” and

“removing” shall be construed accordingly;

“ship” means a seagoing vessel of any type whatsoever and includes

hydrofoil boats, air-cushion vehicles, submersibles, floating craft

and floating platforms, except when such platforms are on location

engaged in the exploration, exploitation or production of seabed

mineral resources;

“State of the ship’s registry” means, in relation to a registered ship, the

State of registration of the ship and, in relation to an unregistered

ship, the State whose flag the ship is entitled to fly;

“wreck”, following upon a maritime casualty, means-

(a) a sunken or stranded ship;

(b) any part of a sunken or stranded ship, including any object that

is or has been on board such a ship;

sunken or adrift at sea; or

(d) a ship that is about, or may reasonably be expected, to sink or

to strand, where effective measures to assist the ship or any

property in danger are not already been taken;

“the Wrecks Convention” means the Nairobi International Convention on

the Removal of Wrecks, 2007 done in Nairobi on 18 May 2007.;

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1935-09

“Wrecks Convention State” means a State party to the Wrecks

Convention;

“wreck removal insurance” means a contract of insurance or other

security satisfying the requirements of Article 12, and “insurer”

means the person providing the insurance or other security;

“wreck removal notice” means a notice under section 179E;

(2) References in this Part to entering or leaving a port includes references

to arriving at or leaving an offshore facility in the territorial sea of a State.

(3) References in this Part to ships registered in a State include

unregistered ships entitled to fly the flag of that State.

(4) Where a duty is imposed on the Captain of the Port as the receiver of

wreck under Part VIII and such duty conflicts with a similar duty imposed

on the Captain of the Port under this Part, the Captain of the Port shall

discharge his duty under this Part.

Report, marking and removing

Wreck reports.

179C.(1) Where an accident results in a wreck in a Convention area, the

persons responsible for any Gibraltar ship involved in the accident must

report the wreck without delay.

(2) If the wreck is within Gibraltar’s Convention area, it must be reported

to the Captain of the Port.

(3) If the wreck is in the Convention area of another State, it must be

reported to the government of that State.

(4) The following are responsible for a ship–

(a) the master of the ship; and

(b) the operator of the ship.

(5) A report under subsection (1) shall include (so far as it is known)–

(a) the name and the principal place of business of the registered

owner;

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1935-09

(b) all other relevant information necessary for the affected State to

determine whether the wreck poses a hazard, including-

(i) the precise location of the wreck;

(ii) the type, size and construction of the wreck;

(iii) the nature of the damage to, and the condition of, the

wreck;

(iv) the nature and quantity of the cargo, in particular any

hazardous and noxious substances; and

(v) the amount and types of oil, including bunker oil and

lubricating oil, on board.

(6) If one of the persons responsible for a ship makes a report under

subsection (1), the others are no longer under a duty to make a report.

(7) Failure to comply with a reporting requirement is an offence.

(8) A person guilty of an offence under this section is liable–

(a) on summary conviction to a fine not exceeding £50,000; or

(b) on conviction on indictment, to a fine.

Locating and marking wrecks.

179D. Where the Captain of the Port receives a report under section

179C(1) or pursuant to Article 5 he must–

(a) determine, in accordance with the criteria set out in Article 6,

whether the wreck poses a hazard for the purposes of section

179C(5)(b);

(b) use all practical to warn mariners and the States concerned of

the nature and location of the wreck, in the manner and to the

extent provided for in Article 7; and

take all reasonable steps to mark the wreck in the manner and

to the extent required under Article 8.

Removal by registered owner.

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1935-09

179E.(1) Where, pursuant to section 179D(a), the Captain of the Port has

determined that the wreck poses a hazard he shall–

(a) inform the State of the ship’s registry and the registered

owner; and

(b) consult the State of the ship’s registry and other States

affected by the wreck regarding measures to be taken in

relation to the wreck.

(2) Notwithstanding subsection (1), the Captain of the Port must take all

reasonable steps to give a notice (“a wreck removal notice”) requiring the

registered owner to comply with the obligations imposed on registered

owners by Article 9(2) and (3) of the Wrecks Convention (removal of

wrecks and production of evidence of insurance).

(3) The notice must be in writing and must–

(a) specify the deadline set under Article 9(6)(a) for the removal of

the wreck; and

(b) inform the registered owner of the other matters set out in

paragraph (6)(b) and (c) of that same Article.

(4) A registered owner who fails, without reasonable excuse to comply

with a notice by the specified deadline commits an offence.

(5) A registered owner guilty of an offence under subsection (4) is liable–

(a) on summary conviction, to a fine not exceeding £50,000; or

(b) on conviction on indictment, to a fine.

Conditions about removal.

179F.(1) This section applies if the Captain of the Port has given a

registered owner a wreck removal notice.

(2) The Captain of the Port may impose conditions as to the removal of

the wreck in accordance with Article 9(4).

(3) A condition is imposed by giving notice of it to the registered owner.

(4) A registered owner who fails, without reasonable excuse, to comply

with a condition commits an offence.

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1935-09

(5) Subject to subsection (6), conditions under this section may only be

imposed before removal commences and only to the extent necessary to

ensure that the removal proceeds in a manner that is consistent with

considerations of safety and protection of the marine environment.

(6) When the removal of a wreck has commenced, the Captain of the Port

may only impose conditions if these are necessary to ensure that the removal

proceeds effectively in a manner that is consistent with considerations of

safety and protection of the marine environment.

(7) A registered owner guilty of an offence under subsection (4) is liable–

(a) on summary conviction, to a fine not exceeding £50,000; or

(b) on conviction on indictment, to a fine.

Removal in default.

179G. The Captain of the Port may remove a wreck in Gibraltar’s

Convention area in the circumstances set out in Article 9(7) or (8).

Liability for costs.

179H.(1) This section applies where–

(a) a ship has been involved in an accident as a result of which it

or anything from it has become a wreck in Gibraltar’s

Convention area; and

(b) costs have been incurred complying with sections 179D to

179G (locating and marking and removal of wrecks).

(2) The person who incurred the costs is entitled to recover them from the

ship’s registered owner unless the owner proves that an exception set out in

Article 10(1) (a), (b) or (c) applies.

(3) The registered owner is not liable for costs under this section if or to

the extent that liability would conflict with–

(a) a convention listed in Article 11(1), provided that the relevant

convention is applicable and is in force in Gibraltar.

(b) an enactment implementing such a convention; or

purposes.

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1935-09

(4) Where the registered owner of each of two or more ships is liable for

costs under this section but the costs for which each is liable cannot be

reasonably separated, the registered owners shall be jointly liable for the

total costs.

(5) The section does not prevent the exercise of the right (if any) to limit

liability where such a limitation is permitted by any enactment or by virtue

of any applicable international convention or measure (such as the

International Convention on the Limitation of Liability for Maritime Claims,

1976, as amended).

(6) Nothing in this section shall prejudice any right of recourse against

third parties.

Limitation period.

179I. An action to recover costs under section 179H may not be brought

after the end of whichever of the following ends earlier–

(a) the period of 3 years beginning with the date on which a wreck

removal notice was given in respect of the wreck; and

(b) the period of 6 years beginning with the date of the accident

which resulted in the wreck.

Insurance

Wreck removal insurance.

179J.(1) This section applies to ships with a gross tonnage of 300 or more.

(2) A Gibraltar ship may not enter or leave a port, including the port of

Gibraltar, unless–

(a) the ship has wreck removal insurance; and

(b) the Maritime Administrator has certified that it has wreck

removal insurance.

(3) A foreign ship may not enter or leave the port of Gibraltar unless–

(a) the ship has wreck removal insurance; and

(b) there is a certificate confirming that it has wreck removal

insurance.

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1935-09

(4) For a foreign ship registered in a foreign Wrecks Convention State the

certificate must be one that has been issued by or under the authority of the

government of that State.

(5) For a foreign ship registered in any other State the certificate must be

one that has been issued–

(a) by the Maritime Administrator; or

(b) by or under the authority of the government of a Wrecks

Convention State.

(6) In this Part, and unless the Minister, by Order, provides otherwise, the

gross tonnage of a ship shall be calculated in accordance with the

regulations set out in Annex I of the International Convention on Tonnage

Measurement of Ships, 1969.

Failure to insure.

179K.(1) The master and operator of a ship each commit an offence if–

(a) the ship enters or leaves the port of Gibraltar in contravention

of section 179J; or

(b) any person attempts to navigate the ship into or out of the port

in contravention of that section.

(2) A person guilty of an offence under subsection (1) is liable–

(a) on summary conviction, to a fine not exceeding £50,000; or

(b) on conviction on indictment, to a fine.

Detention of ships.

179L. The powers of detention provided in section 208 may be exercised if

anyone attempts to navigate a ship out of the port of Gibraltar in

contravention of section 179J.

Production of certificates.

179M.(1) This section applies to a ship which is required to have a wreck

removal insurance certificate before entering or leaving a port.

(2) The master of the ship must ensure that the certificate is carried on

board.

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1935-09

(3) The master of the ship must, on request, produce the certificate to–

(a) an officer of the Captain of the Port; or

(b) an officer of the Maritime Administrator.

(4) A person commits an offence if he fails to comply with subsection (2)

or (3).

(5) A person guilty of an offence under this section is liable on summary

conviction to a fine not exceeding level 5 on the standard scale.

Issue of certificates.

179N.(1) This section applies where the registered owner applies to the

Maritime Administrator for a wreck removal insurance certificate in respect

of–

(a) a Gibraltar ship; or

(b) a foreign ship registered in a State other than a Wrecks

Convention State.

(2) In relation to a Gibraltar ship, the Maritime Administrator must issue

the certificate if satisfied–

(a) that the ship has wreck removal insurance in place for the

period to which the certificate will relate; and

(b) that the obligations of the person providing the wreck removal

insurance will be met.

(3) In relation to a foreign ship registered in a State other than a Wrecks

Convention State, the Maritime Administrator may issue the certificate if

satisfied on the matters in subsection (2)(a) and (b).

(4) The Maritime Administrator must keep a copy of any certificate issued

at the Gibraltar Ship Registry and send a copy of any such certificate to the

Captain of the Port, upon request.

(5) The Maritime Administrator must make such certificates available for

public inspection.

Cancellation of certificates.

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1935-09

179O. The Minister may by regulations provide for the cancellation and

delivery up of wreck removal insurance certificates issued under section

179N.

(2) A person who fails to deliver up a certificate in accordance with the

regulations commits an offence.

(3) A person guilty of an offence under this section is liable on summary

conviction to a fine not exceeding level 4 on the standard scale.

Third party rights against insurers.

179P.(1) This section applies where–

(a) a ship has been involved in an accident as a result of which it

or anything from it has become a wreck in Gibraltar’s

Convention area;

(b) at the time of the accident the ship had wreck removal

insurance; and

insurance.

(2) A person who is entitled to recover costs from the ship’s registered

owner under section 179H may recover them from the insurer.

(3) It is a defence for the insurer to prove that the accident was caused by

the wilful misconduct of the ship’s registered owner.

(4) The insurer may also rely on any defences available to the registered

owner under Article 12(10) (including section 179I).

(5) The insurer may limit liability in respect of claims made under this

section to the same extent as the registered owner may limit liability by

virtue of Article 2(1)(d) of the International Convention on the Limitation of

Liability for Maritime Claims, 1976, as amended.

(6) An insurer may limit liability whether or not the accident is caused by

an act or omission mentioned in Article 4 of the International Convention on

the Limitation of Liability for Maritime Claims, 1976, as amended.

Electronic certificates.

179Q.(1) The Maritime Administrator shall obtain the Minister’s prior

approval before he gives notice under Article 12(13) (electronic insurance

certificates etc).

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1935-09

(2) The Minister may make regulations for the purpose of implementing

Article 12(13) and such regulations may make such amendments to this Part

as he thinks necessary or expedient.

Government ships.

179R.(1) This Part d o e s not apply to any warship or other ship owned

or operated by a State and used, for the time being, only on Government

non-commercial service, unless that ship has been specified in a notice

under Article 4(3) and this section shall apply to a ship owned or operated

by Her Majesty’s Government of Gibraltar on like terms.

(2) Section 179K does not apply to a ship (an “exempt ship”) that is

owned by a Wrecks Convention State.

(3) An exempt ship must have a certificate issued by the government of

the State concerned stating–

(a) that the ship is owned by that State; and

(b) that any liability under section 179H shall be met up to the

limits prescribed by Article 12 (compulsory insurance).

(4) Section 179M (2) to (5) applies to such a certificate.

(5) Where a ship is owned by a State and operated by a company that is

registered in that State as operator of the ship, references in this Part to the

registered owner are references to that company.

(6) In proceedings against a Wrecks Convention State for the recovery of

costs under section 179H the State shall be treated as having submitted to

the jurisdiction of the court in which the proceedings are brought; but this

does not authorise execution against the property of a State.

Saving.

179S. Nothing in this Part affects any claim, or the enforcement of any

claim, a person incurring any liability under this Part may have against any

other person in respect of that liability.

Regulations.

179T. The Minister may by Regulations amend this Part to reflect any

amendment of the Wrecks Convention.

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180-203 Repealed.

PART X.

EMPLOYMENT OF ALIENS IN BRITISH SHIPS.

Aliens as masters of British ships.

204. (1) No person other than–

(a) a British citizen;

(b) a British Dependent Territories citizen;

(d) a person who under the British Nationality Act 1981 is a

British subject;

(e) persons who under the Hong Kong (British Nationality) Order

1986 are British Nationals (Overseas);

(f) a citizen of the Republic of Ireland;

(g) such other persons as may be specified by the Minister

responsible for shipping by notice in the Gazette,

shall be employed or act as master, chief officer or chief engineer of a ship

registered in Gibraltar;

Provided that the Minister responsible for shipping may exempt any

person from the provisions of this subsection for such time and subject to

such conditions as the Minister responsible for shipping may think fit.

(2) A person who acts as master of a ship or employs any person as

master of a ship contrary to the provisions of subsection (1) is guilty of an

offence and is liable on summary conviction to imprisonment for six months

and to a fine of £2000 .

(3) Where the owner of any ship, or his servant, or agent, employs a

master in contravention of this section, the ship in respect of which the

offence is committed (if under 250 tons burden) and her equipment shall be

liable to forfeiture to Her Majesty, without prejudice to any penalty which

may be imposed under subsection(2).

(4) Section 76 of the Merchant Shipping Act, 1894, as amended by any

subsequent enactment, shall apply to ships which have become subject to

Merchant Shipping

1935-09

forfeiture under this Part in like manner as it applies to ships subject to

forfeiture under Part I of that Act.

(5) In any proceedings under this section a certificate given by the

Commissioner of Police that the person named therein is a person

mentioned in paragraph (a) to (g) inclusive of subsection (1) shall be

conclusive.

204A to 204I. Revoked.

PART XI.

LEGAL PROCEEDINGS.

Prosecution of offences .

205. Subject to any special provisions of this Act –

(a) an act or omission which is declared by any section of this Act

to be an offence but for which no penalty is therein prescribed

may be tried on indictment or summarily and

(i) if tried on indictment, is punishable by imprisonment for

two years or by a fine;

(ii) if tried summarily, is punishable by imprisonment for six

months or by a fine of £1000;

(b) an offence under this Act made punishable with imprisonment

for any terra not exceeding six months or by a fine not

exceeding £1000, shall be prosecuted summarily.

Legal proceedings.

206. Except where other express provision is made in this Act, legal

proceedings under this Act may be taken in the name of the Attorney-

General, the Financial Secretary or the Captain of the Port.

General penalty.

207. An infringement of any of the provisions of this Act or any rules made

thereunder which is not therein expressly declared to be an offence is an

offence punishable by a fine of £400.

Enforcing detention of ship.

(1894 c.60,

s.680)

Merchant Shipping

1935-09

208. (1) Where under this Act a ship is to be or may be detained, any

commissioned officer on full pay in the naval, military or air service of Her

Majesty, or any officer of the Port Department or any revenue officer, may

detain the ship, and if the ship after detention or after service on the master

of any notice or order for detention proceeds to sea before it is released by

competent authority, the master of the ship, and also the owner, and any

person who sends the ship to sea, if that owner or person is party or privy to

the offence, are guilty of offences and are each liable on conviction on

indictment to a fine and on summary conviction to a fine of £50,000.

(2) Where a ship so proceeding to sea takes to sea when on board

thereof in the execution of his duty is any officer authorized to detain the

ship, or any surveyor or officer of the Port Department or any revenue

officer, the owner and master of the ship–

(a) are guilty of offences and are each liable on conviction, if tried

on indictment, to a fine or, if tried summarily, to a fine £ 2,000;

(b) are each liable to pay the expenses of and incidental to the

officer or surveyor being so taken to sea, which expenses may

be recovered in like manner as the fine.

(3) Where any provision of this Act or the Merchant Shipping Acts,

provides that a ship may be detained until any document is produced to the

proper officer of customs, the proper officer shall mean unless the context

otherwise requires, the Captain of the Port.

Sums ordered to be paid leviable by distress on ship.

209.(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

party so directed to pay the same is the master or owner of the ship, and the

same is not paid at the time and in manner prescribed in the order, the court

may, in addition to any other powers it may have for the purpose of

compelling payment, direct the amount remaining unpaid to be levied by

distress and sale of the ship, her tackle, furniture and apparel.

(2) Where a warrant of distress is issued under this section for the

purpose of levying any amount ordered to be paid on the conviction of the

master of a ship, section 185 of the Criminal Procedure Act (which relates to

the detention of the defendant pending the return to a warrant of distress),

shall apply as though the distress were to be levied on the goods of the

defendant.

(1894

c.60,s.692)

(1894

c.60,s.69

3; 1925

c.86,s.29

Act.1961

No.24

Merchant Shipping

1935-09

Service of documents.

210.(1) Where for the purposes of this Act any document is to be served on

any person, that document may be served –

(a) in any case by delivering a copy thereof personally to the

person to be served, or by leaving the same at his last place of

abode;

(b) if the document is to be served on the master of a ship, where

there is one, or on a person belonging to a ship, by leaving the

same for him on board that ship with the person being or

appearing to be in command or charge of the ship; and

there is no master, and the ship is in Gibraltar, on the managing

owner of the ship or, if there is no managing owner, on some

agent of the owner resident in Gibraltar, or where no such agent

is known or can be found, by fixing a copy thereof to the mast

of the ship.

(2) A person who obstructs the service on the master of a ship of any

document under the provisions of this Act relating to the detention of ships

as unseaworthy is guilty of an offence and is liable on conviction to a fine of

£2000.

(3) The owner or master of a ship who is party or privy to such

obstruction is guilty of an offence.

PART XII.

SUPPLEMENTAL.

General Control.

Superintendence of merchant shipping by Port Department.

211. The Port Department shall be the department to undertake the general

Superintendence of all matters relating to merchant shipping and seamen,

and is authorized to carry into execution the provisions of this Act and of all

enactments relating to merchant shipping and seamen for the time being in

force, except where otherwise therein provided.

Minister responsible for shipping may prescribe forms.

212. Subject to any special provisions of this Act, the Minister responsible

for shipping may have prepared and sanction forms for any licence,

certificate, book, instrument or paper required under this Act other than

(1894

c.60,s.69

6).

(s.713)

(1894 c.60,

s.720(1)

Merchant Shipping

1935-09

those required under Part I of the Merchant Shipping Act, 1894, and may

make such alterations in these forms as he may think fit.

Offences as to use of forms.

213. (1) A person who –

(a) forges, assists in forging, or procures to be forged, the seal or

any other distinguishing mark of the Minister responsible for

shipping or the Captain of the Port on any form issued under

this Act; or

(b) fraudulently alters, or assists in fraudulently altering, or

procures to be fraudulently altered, any such form,

is guilty of an offence.

(2) A person who, –

(a) when a form approved by the Minister responsible for shipping

is, under Part I, required to be used, uses without reasonable

cause a form not purporting to be a form so approved; or

(b) prints, sells or uses any document purporting to be a form

approved by the Minister responsible for shipping, knowing the

same not to be the form approved for the time being, or not to

have been prepared or issued by the Minister responsible for

shipping or the Captain of the Port,

is guilty of an offence and is liable on conviction to a fine of £100.

Surveyors of Ships.

Appointment of surveyors.

214. (1) The Minister responsible for shipping may appoint either

generally or for special purposes, and on special occasion, any person he

thinks fit to be a surveyor of ships for the purposes of this Act, and a person

so appointed (in this Act referred to as a surveyor of ships) may be

appointed either as a ship surveyor or as an engineer surveyor or as a

wireless telegraphy surveyor.

(2) The Minister responsible for shipping may also appoint a surveyor-

general of ships for Gibraltar and such other officers in connection with the

survey of ships and matters incidental thereto as the Minister responsible for

shipping thinks fit, and a person may be appointed as any one or more of the

classes of surveyors mentioned in subsection (1).

(s.722)

(1894

c.60,s.724;

1906

c.48,s.75;

1932 c.9,

s.8)

Merchant Shipping

1935-09

(3) The Minister responsible for shipping may remove any surveyors of

ships and fix and alter their remuneration, and may issue instructions as to

the performance of their duties, and in particular as to the manner in which

surveys of passenger steamers are to be made, as to the notice to be given by

the Captain of the Port when surveys are required, and as to the payment of

any expenses incurred by surveyors in the execution of their duties, and may

by such instructions determine the persons by whom and the conditions

under which the payment of those expenses is to be made.

(4) A surveyor of ships who demands or receives directly or indirectly

any fee, remuneration or gratuity whatever in respect of any duties

performed by him under this Act otherwise than by the direction of the

Governor, is guilty of an offence and is liable on conviction to a fine of

£1000.

(5) The duties of a surveyor of ships shall be performed under the

superintendence of the Captain of the Port, and in accordance with the

instructions issued by the Minister responsible for shipping,

Power of surveyor for purpose of survey of ships.

215.(1) A surveyor of ships in the execution of his duties may go on board

any steamship at all reasonable times, and inspect the same or any part

thereof, or any of the machinery, boats, equipments or articles on board

thereof, or any certificates of the master, mate or engineer to which the

provisions of this Act or the Merchant Shipping Acts or any of the

regulations made thereunder apply, not unnecessarily detaining or delaying

the ship from proceeding on any voyage, and if in consequence of any

accident to the ship or for any other reason he considers it necessary so to

do, may require the ship to be taken into dock for the purpose of surveying

the hull thereof.

(2) A person who hinders any surveyor of ships from going on board any

steamship or otherwise impedes him in the execution of his duties under this

Act or the Merchant Shipping Acts, is guilty of an offence and is liable on

conviction to a fine of £400.

Returns by surveyors to the Minister responsible for shipping.

216.(1) Surveyors of ships shall make such returns to the Minister

responsible for shipping as the Minister responsible for shipping may

require with respect to the build, dimensions, draught, burden, rate of

sailing, room for fuel, and the nature and particulars of machinery and

equipments of ships surveyed by them.

(1894 c.60,

s.725)

(s.726)

Merchant Shipping

1935-09

(2) The owner, master or engineer of any ship so surveyed shall, on

demand, give to the surveyors all such information and assistance within his

power as they require for the purpose of those returns.

(3) An owner, master or engineer who, on being applied to for that

purpose, fails without reasonable cause to give any such information or

assistance, is guilty of an offence and is liable on conviction to a fine of

£200.

Obstruction of Inspectors.

Penalty for obstructing inspectors in the execution of their duty.

217. A person who wilfully impedes any person having the powers of a

Board of Trade inspector under the Merchant Shipping Acts, in the

execution of his duty, whether on board a ship or elsewhere, is guilty of an

offence and is liable on conviction to a fine of £10, and may be seized and

detained by the person having the powers of an inspector, or by any person

or persons whom that person may call to his assistance, until he can be

conveniently taken before the magistrates’ court.

General.

Application of Act to ships propelled by electricity.

218. Any provisions of this Act applying to steamers or steamships shall

apply to ships propelled by electricity or other mechanical power with such

modifications (if any) as the Minister responsible for shipping may prescribe

for the purpose of adaptation.

Exemption of H.M.’s ships, etc.

219. This Act shall not, except where specially provided, apply to ships

belonging to Her Majesty or the Government.

Dispensing powers of the Minister responsible for shipping.

220. The Minister responsible for shipping may, if he thinks fit, and upon

such conditions (if any) as he thinks fit to impose, exempt any ship from any

specified requirement contained in, or prescribed in pursuance of, this Act,

or dispense with observance of any such requirement in the case of any ship,

if he is satisfied that that requirement has been substantially complied with

in the case of that ship, or that compliance with the requirement is

unnecessary in the circumstances of the case, and that the action taken or

provision made as respects the subject–matter of the requirement in the case

(s.730)

(1894

c.60,s.743)

(s.741)

(1906 c.

48,s.78)

Merchant Shipping

1935-09

of the ship is as effective as or more effective than, actual compliance with

the requirement.

Application of the Merchant Shipping Acts.

221.(1) It is hereby declared that in addition to the provisions of the

Merchant Shipping Acts which expressly or by necessary implication apply

to Gibraltar, all the provisions of the said Acts, in so far as the same may be

applicable, shall apply to Gibraltar, mutatis mutandis, in all matters relating

to shipping and seamen not expressly provided for by this Act:

Provided that the provisions of subsections (2), (5), (6) and (7) of section 2

of the Merchant Shipping (Liability of Shipowners and Others) Act, 1958,

shall not apply to Gibraltar and nothing contained in section 503 of the

Merchant Shipping Act, 1894, as amended by section 2 of the aforesaid Act

shall be construed to limit the liability of the owner or agent of any vessel

under the provisions of section 165 of this Act or in respect of any damage

(however caused) to harbour works or harbour basins.

(2) It is hereby declared that the provisions of the Shipowners’

Negligence (Remedies) Act, 1905, shall apply to Gibraltar, mutatis

mutandis.

221A. Repealed

Disposal of fees, etc.

222. (1) The fees specified in Schedule I are hereby declared to be payable

in Gibraltar to and for the use of Her Majesty in respect of any of the matters

to which this Act or the Merchant Shipping Acts relate, and in the absence

of any other express provision all such fees shall be paid in the first instance

to the Captain of the Port who shall pay the same into the Consolidated

Fund.

(2) The Minister responsible for shipping may from time to time by

notice in the Gazette add to, vary or revoke any of the fees specified in

Schedule 1.

222A. Revoked.

Rule-making Powers.

223. In addition to the powers hereinbefore given in that behalf, the Minister

responsible for shipping may make rules for the better and more effective

carrying out the provisions of this Act and may impose for the breach

thereof penalties of a fine of £2,000 and imprisonment for six months.

Merchant Shipping

1935-09

Regulations.

223A. (1) The Minister may make Regulations for all or any of the

following purposes–

(a) prescribing the fees payable in respect of an inspection which

results in the detention of a ship in accordance with any

Regulations made under the Act;

(b) giving effect in Gibraltar to the law of the European Community

or to any provision of a relevant International Agreement or

Convention ratified by the United Kingdom and the application

of which has been extended to Gibraltar, relating to any of the

matters contained in or dealt with under this Act and this power

shall include the power to provide for the provision to come

into force although the law, Agreement or Convention, as the

case may be, has not yet come into force;

Community ports and sailing in the waters under the

jurisdiction of the Member States, of international standards for

ships safety, pollution, prevention and shipboard living and

working conditions (port State control);

(d) providing for a regime of regulation, supervision, offences and

sanctions in relation to the carrying out of bunkering

operations, or the causing of pollution of the seas, in Gibraltar;

(e) prescribing anything which under the Act may be prescribed;

(f) providing for such other matters as are reasonably necessary for

or incidental to the due administration of this Act.

(2) Regulations made under this section, or any other section of this Act

providing a similar power, may–

(a) make different provisions for different classes of ship, for the

same class of ship in different circumstances and for different

circumstances;

(b) make exceptions to any matter prescribed in such regulations;

specifically, exercisable by virtue of the regulation making

power in this Act or by virtue of the regulations;

Merchant Shipping

1935-09

(d) make provisions relating to the standard of approval or

application for the purpose of giving effect to the provisions of

any relevant International Convention or Agreement;

(e) make provision for the determination and implementation of

penalties for a failure to comply with instructions made by the

Maritime Administrator whether such instructions are made by

virtue of a power contained in this Act or in regulations made

under this or any other section.

Power of Minister responsible for shipping to make rules, etc.

224.(1) The power conferred on the Minister responsible for shipping by

this Act to make rules, to fix fees and to approve forms shall include a

power to declare that any rules or regulations made, fees fixed or forms

approved under the Merchant Shipping Acts shall be deemed to be rules

made, fees fixed or forms approved under this Act and thereupon such rules,

regulations, fees or forms shall apply to Gibraltar mutatis mutandis or

subject to such modifications or amendments as the Minister responsible for

shipping may specify, and it shall be lawful for any court to construe any

such rules, regulations, fees or forms with such verbal alterations not

affecting the substance as may be deemed expedient to render the same

applicable to local circumstances and to any matters before the court:

Provided always that such construction shall not be inconsistent with the

provisions of this Act.

(2) Unless and until the Minister responsible for shipping shall make

other rules under this Act, it is hereby declared that the rules hereinafter

mentioned including amendments as made from time to time and, in the

event of any such rules being revoked, such successor rules as may be made

by the Minister of Transport in the United Kingdom under the powers

conferred by the Merchant Shipping Acts shall apply to Gibraltar, mutatis

mutandis, and subject to the modifications hereinafter specified that is to

say:–

(a) Revoked.

(d) the Shipping Casualties and Appeals and Re–hearings Rules,

1923.

(3) Unless and until the Minister responsible for shipping shall issue

other instructions under section 214 of this Act the instructions issued from

time to time by the Minister of Transport under section 724 of the Merchant

Shipping Act, 1894, shall, subject to the provisions of Schedule 2 and to

such other variations as are necessary in consequence of the application to

Gibraltar of any rules and regulations of the Minister of Transport in

S.R. & O. 1923, No.

752

Merchant Shipping

1935-09

modified or amended form in pursuance of this Act, be deemed to be

instructions issued by the Minister responsible for shipping under section

214.

PART XIII.

MARPOL CONVENTION

Implementation of The Merchant Shipping (Prevention of Oil

Pollution) Regulations 1983.

225.(1) The provisions of the Merchant Shipping (Prevention of Oil

Pollution) Regulations, 1983 (S.I. 1983 No. 1398) of the United Kingdom

and any regulations amending or replacing the same shall mutatis mutandis

apply to all ships to which this section applies and to the owners and master

of such ships, as they apply to United Kingdom ships, and to the onwers and

master of such ships.

(2) This section applies to–

(a) all ships registered in Gibraltar;

(b) other ships while they are in Gibraltar.

(3) For the purposes of this section all powers vested by any provision of

the Regulations mentioned in subsection (1) shall be exercisable by the

Minister responsible for shipping.

(4) Without derogation from the generality of subsection (3), the Minister

responsible for shipping may grant exemptions from all or any of the

provisions of the regulations mentioned in subsection (1) for classes of cases

or individual cases on such terms as he may specifiy and may, subject to

giving reasonable notice, alter or cancel any such exemption.

(5) The Minister responsible for shipping may after consultation with the

Secretary of State by regulations make provision for any such matter as shall

appear to him to be necessary or expedient for the purpose of implementing

in Gibraltar the provisions of the International Convention for the

Prevention of Pollution from Ships 1973, including its protocols, Annex I

(but no other Annex) and appendices thereto, as amended by the Protocol of

1978 to that Convention or any amendment thereto.

Merchant Shipping

1935-09

SCHEDULE 1

TABLE A.

(1). Revoked.

(2) CREW ACCOMMODATION - MERCHANT SHIPS

In this part of Table A–

“The Regulations” means the Merchant Shipping (Crew

Accommodation) Regulations 1978.

Service £

Fees for the inspection of crew

accommodation on registry or re-

registry in a ship:

where the ship:

does not exceed 2,000 tons £66.50 plus an additional £111.00 for

each 50 tons or part there-of by

which the ship exceeds 50 tons.

is 2,000 tons or over but does not

exceed 30,000 tons

£4,995 plus an additional £310 for

each 1,000 tons or part thereof by

which the ship exceeds 2,000 tons.

is 30,000 tons or over £13,850.00

Other fees for the inspection of

crew accommodation in Merchant

Ships:

For the inspection of crew

accommodation in consequence of

alterations or repairs other than an

inspection described below:–

no maximum

For the inspection of crew

accommodation combined with a

measurement of tonnage carried

out consequent upon alterations or

repairs

no maximum

For the inspection of crew

accommodation in consequence of

an increase in the number of

persons accommodated in any

sleeping room

the appropriate maximum fee

specified in the preceding tabular

scales of fees.

Merchant Shipping

1935-09

For the inspection of crew

accommodation:

whenever there is reason to believe

that any provision of the

regulations has been contravened

or that any of the conditions on

which a ship has been exempted

has not been satisfied; or

at the request of any person or

persons who are properly

representative of the owners of the

ship or of the seamen concerned

the appropriate maximum fee

specified in the preceding tabular

scales of fees.

Fees chargeable by the Port

Department for any of the services

specified to be carried out at a port

outside Gibraltar by a ship surveyor

not employed by the Department

but specially appointed for the

purpose under the Merchant

shipping Act:

for arranging the appointment 66 2 /3 of the appropriate maximum

fee specified in the preceding tabular

scales of fees. (The fee in each case

is in addition to the fee payable for

the service to the specially appointed

surveyor or his employer).

Fees for acceptance of materials

and fittings for crew

accommodation in respect of:

fresh water generators

sewage disposal units

automatic chlorination units

(sterilisers)

units to increase pH value of water

galley ovens

shower mixing valves

corrosion inhibitors no maximum

Fees for acceptance of deck

sheathings

For the inspection of a deck

sheathing and consideration of the

report of tests carried out by an

independent authority

a fixed fee of £294.00. (This fee is

in addition to the fee charged by the

Merchant Shipping

1935-09

testing authority.)

TABLE B

Registration and Miscellaneous services.

The fees in this Table are fixed fees and are payable to the Gibraltar

Government Account.

Service Fee

Fees for registration, transfer and mortgage of ships and

inspection of register book

(1) the first registry, or registry anew or re-registry of a

ship or the transfer of registry of a ship from one port to

another:

Where the ship:

does not exceed 1,500 tons 145.00

exceeds 1,500 tons 210.00

(2) The registry of the transfer of ownership of a ship by

bill of sale or by transmission or of the mortgage of a ship

or the transfer or the discharge of such a mortgage:

Where the ship:

does not exceed 1,500 tons 45.00

exceeds 1,500 tons 80.00

(3) For each inspection of the register book 5.00

TABLE G

Fees for deck manning and for survey of

ships alleged to be unseaworthy

(Sections 459, 462 and 463 of the

Merchant Shipping Act 1894).

For inspection on the application of the

owner of a Gibraltar registered ship and

for the issue of a Safe Deck Manning

Merchant Shipping

1935-09

Certificate in connection with Merchant

Shipping Notice No. M. 1041.

Conversion of existing Safe Deck

Manning Certificate to Safe Manning

Certificate for ships of 350KW or over

a fixed fee of £60.

Conversion of existing Safe Deck

Manning Certificate to Safe Manning

Certificate for ships under 350KW

a fixed fee of £10.00

New application for a Safe Manning

Certificate for ships of 350KW or over

a fixed fee of £135.00

New application for a Safe Manning

Certificate for ships under 350KW

a fixed fee of £75.00

For the issue of exemptions from deck

and engineer officer certification

requirements

a fixed fee of £63.00

For the survey of a ship which is detained

(other than upon complaint of the crew)

on account of overloading, improper

loading, insufficient ventilation of coal

cargoes, undermanning or defective

equipment (such as chronometers or

charts):

(a) upon final detention, or

(b) when it appears that a ship

provisionally detained was, at the time of

detention, unsafe

no maximum

For the survey of a ship upon the

complaint of the crew:

(a) if the survey is carried out by a Port

Department surveyor, or

(b) if the survey is carried out by a person

appointed for that purpose either by the

Port Department or the Court

no maximum

Fees for survey of ships detained under

section 3, 4, 5 or 14 of the Merchant

Merchant Shipping

1935-09

Shipping (Load Lines) Act 1967

For the survey of a ship because the

appropriate load line is submerged

no maximum

For the survey of a ship for being

unmarked or improperly marked with

load lines

no maximum

Fees for the inspection of magazines and

other spaces for the stowage of goods of

Class I

For the inspection of a vessel, her

compartments and magazines for the

purpose of seeing that they comply with

the recommendations of the Standing

Advisory Committee on the Carriage of

Dangerous Goods in Ships including the

issue of certificates stating that:

(a) Compartments are suitable and

(b) Magazines are properly constructed no maximum

For the presence of a surveyor at a pre-

stowage conference on the stowing of

explosives

no maximum

For a certified copy of each certificate a fixed fee of £18.75.

Fees for the inspection of the stowage of

goods of Class I

For the inspection of the stowage of

explosives and the issue of a certificate

stating the stowage is in accordance with

the recommendations of the Standing

Advisory Committee on the Carriage of

Dangerous Goods in Ships

no maximum

For a certified copy of the certificate a fixed fee of £18.75

Fees for examination and survey of a

bulk chemical tanker under the IMCO

Code for the Construction and

Equipment of ships carrying Dangerous

Chemicals in Bulk

Merchant Shipping

1935-09

Note:

(a) The fees include the issue of a

Certificate of Fitness in appropriate

cases.

(b) A “new” or “existing” ship in this

service is as defined in paragraph 1.7 of

the Code:

For the initial examination and survey of

a “new” ship; or an “existing” ship in

respect of the requirements of paragraph

1.7.3(a), (b), (c) and (d) of the Code:

“New” ship (including 10 chemicals):

not exceeding 10,000 tons £11,246.00

exceeding 10,000 tons £13,019.00

For each chemical in excess of 10

chemicals

no maximum

“Existing” ship (including 10 chemicals):

not exceeding 10,000 tons £5,429.00

exceeding 10,000 tons £6,371.00

For each chemical in excess of 10

chemicals

no maximum

For the survey of a ship in respect of the

requirements of paragraph 1.6.1 of the

Code regarding safety equipment

provisions

£1,250.00

For the examination and survey of a ship

for the renewal of the certificate

50% of the appropriate

maximum fee.

For each additional chemical not

included on a previous certificate

no maximum

Fees for examination and survey of bulk

gas carriers under the IMCO Codes for

the Construction and Equipment of ships

Merchant Shipping

1935-09

carrying Liquified Gases in Bulk and for

Existing ships carrying Liquified Gases

in Bulk

Note:

(a) The fees include the issue of a

Certificate of Fitness in appropriate

cases.

(b) When application for survey is made

the appropriate accumulative fee will be

charged if no fee has previously been

paid

New Ship Code.

For the initial examination and survey of

a ship as defined in paragraph 1.2.2 or

1.2.3 of the Code in respect of paragraph

1.6.1(a) of the Code:

not exceeding 5,000 tons 9,141.00

exceeding 5,000 tons but not exceeding

25,000 tons

18,282.00

exceeding 25,000 tons 27,423.00

For the examination and survey of a ship

for the renewal of the certificate in

accordance with paragraph 1.6.1(b) of the

Code

50% of the appropriate

maximum fee.

For the survey of a ship in respect of the

requirements of paragraph 1.6.1(c) of the

Code

1,250.00

Existing ship code

For examination and survey of a ship in

respect of the requirements of paragraph

1.6.1 (b) of the Code operative after 1

October 1982 where the requirements

prior to that date have previously been

completed.

Merchant Shipping

1935-09

not exceeding 5,000 tons 1,385.00

exceeding 5,000 tons but not exceeding

25,000 tons

2,770.00

exceeding 25,000 tons 4,155.00

For examination and survey of a ship in

respect of the full requirements of the

Code as specified in paragraph 1.6.1(a)

and (b) of the Code

not exceeding 5,000 tons 8,255.00

exceeding 5,000 tons but not exceeding

25,000 tons

16,509.00

exceeding 25,000 tons 24,764.00

For the periodical examination and

survey of a ship for the renewal of the

certificate in accordance with paragraph

1.6.1 (c) of the Code

50% of the appropriate

maximum fee.

For the survey of a ship in respect of the

requirements of paragraph 1.6.1(d) of the

Code

1,250.00

Either Code

For each additional products not included

on a previous certificate.

no maximum

Fees for examining grain loading

information

For the purpose of this section a “sister

ship” will be regarded as a ship in which

the capacities of the cargo spaces, their

associated structure and any grain fittings

provide identical stowages of those of

another ship. For the examination of

grain loading information in respect of:

IMCO Equivalent Regulations:

Merchant Shipping

1935-09

Single Deck Ships:

Not more than 100 metres in length 1,607.00

Over 100 metres in length 2,382.00

Multi-decked ships

Not more than 100 metres in length 2,383.00

Over 100 metres in length 3,213.00

A ship using saucer stowages only in lieu

of feeders

626.00

A sister ship having arrangements

identical with any of the items above

415.00

For examining and certifying a copy of

the grain loading information subsequent

to the original examination

no maximum

For an alteration of addition to the grain

loading information

no maximum

For an inspection on a ship of any

alteration in the arrangements for fittings

for the carriage of grain cargoes

necessitating an alteration in the grain

loading information

no maximum

For examination of grain loading

information for a Home Trade and/or

Middle Trade ship for the purpose of a

letter of approval:

the initial application for a letter 427.00

a subsequent application for a letter,

where any alteration is made to the grain

loading information

no maximum

a subsequent application for a letter

where no alteration is made to the grain

loading information

a fixed fee of £77.50

Fees for approving coal cargo surface

ventilation timber deck cargo securing

Merchant Shipping

1935-09

arrangements and designs of fittings: no maximum

TABLE H

PART I

Passenger Ships

Fees for passenger certificate and safety

certificates

Note:

(a) Where a safety certificate is referred

to, this includes a qualified safety

certificate together with a corresponding

exemption certificate.

(b) Except where otherwise stated the

fees cover all necessary visits which the

surveyor has to make in order to

complete the survey. The fees for the

survey for the issue of a passenger

certificate, safety certificate or passenger

certificate combined with a safety

certificate cover the survey of the hull,

boilers and propelling machinery

(including tests of the materials), and the

inspection of the equipment of the ship

including the lights and sound signals.

which may be payable for the survey of a

radio installation under Table J.

(d) The fee for the Survey for the issue

of a Passenger Certificate combined with

a Safety Certificate covers, in whole or in

part, the fee for the survey or inspection

of a ship for load line if the two

operations are carried out concurrently

(see Part III of Table H). A separate fee,

is, however, payable for the inspection of

the crew accommodation and the

measurement for tonnage (see Table A).

Merchant Shipping

1935-09

(e) Where reference is made to the

‘overall length’ of a ship this shall be

taken as the distance between the

foreside of the foremost fixed permanent

structure and the afterside of the

aftermost fixed permanent structure.

2. Fee

Service £

For the survey of a ship for the issue of a

passenger certificate, safety certificate or

passenger certificate combined with a

safety certificate, not being a ship of

Class I, II or IIA;

Table of maximum fees

Gross tonnage of ship where the

ship:

Service Initial Survey Service Renewal

Survey

Exceeds

tons

Does not

exceed tons

25 tons or, if

unregistered,

15 metres

(49.2 feet) in

overall

length

£2,382

50 £280

25 50 tons or, if

unregistered,

15 metres

(49.2 feet) in

overall

length

£5,983

50 100

100 200 £11,634

100 30,000 £500 plus

additional

£221.60

for each

500 tons or

part

thereof by

Merchant Shipping

1935-09

which the

ship

exceeds

100 tons

200 10,000 £11,634

plus an

additional

£1,662 for

each 100

tons or part

thereof by

which the

ship

exceeds 200

tons

10,000 No

maximum

30,000 £13,800

plus an

additional

£130 for

each 1,000

or part

thereof by

which the

ship

exceeds

30,000

tons

Service Maximum Fee

For the issue or renewal of certificates for Classes

I,II and IIA carrying not more than 36 passengers:

For the initial survey of a ship of Class I, II or IIA

carrying not more than 36 passengers for the issue

of a certificate specified in the above Table of

maximum fees.

60% of the

appropriate maximum

fee in the above Table.

For the survey of a ship of Class I, II or IIA

carrying not more than 36 passengers for the

renewal of a certificate specified in the above

Table of maximum fees.

80% of the

appropriate maximum

fee in the above Table.

For the survey of a ship for the issue of a

passenger certificate, safety certificate or a

Merchant Shipping

1935-09

passenger certificate combined with a safety

certificate being in each case a certificate granted

exceptionally to cover a period not more than 3

months beyond the expiration date of an existing

certificate.

25% of appropriate

maximum fee in the

above Table.

For the issue of a passenger certificate, a safety

certificate or a passenger certificate combined

with a safety certificate, including a survey where

necessary, in each case being a certificate issued

in substitution for an existing certificate of the

same kind for any of the following:

Changing the plying limits,

giving additional plying limits,

decreasing the number of passengers the ship may

carry

increasing the number of passengers the ship may

carry,

any other change (not being a change in owner-

ship or a change of the ship’s name)

£163.00 per item

For the survey for a passenger certificate issued in

respect of a passenger ship not registered in

Gibraltar stating only the number of passenger the

ship may carry:

for the first 200, or fraction of 200, passengers £382.00

for every additional 200, or fraction of 200,

passengers

£294.00

For an additional copy of a certificate a fixed fee of £18.75

For a form SUR 209, modifying a passenger and

safety certificate for a particular voyage

no maximum

for the issue of a certificate where a visit is not

involved

a fixed fee of £53.50

For Ships’ Certificates of Survey (including the

surveys required);

For a certificate that a ship complies with the

standards necessary for the issue of a passenger

Merchant Shipping

1935-09

certificate or passenger and safety certificate,

except for certain items not surveyed

no maximum

TABLE H

PART II

CARGO SHIPS Maximum Fee

Service £

Standard fees for cargo ship safety construction

certificates and surveys:

The survey of a ship for the issue of initial Cargo

Ship Safety Construction Certificate where the

ship:

is 500 tons or over but does not exceed 600 tons 7,202.00

exceeds 600 tons but does not exceed 30,000

tons

7,202 plus an additional

£1,994.40 for each 500

tons or part thereof by

which the ship exceeds

600 tons.

exceeds 30,000 tons 124,875 plus an

additional £1,785 for

each 1,000 tons or part

thereof by which the

ship exceeds 30,000

tons.

The survey of a ship for the renewal of Cargo

Ship Safety Construction Certificate, where the

ship:

is 500 tons or over but does not exceed 1,000

tons

1,440.00

exceeds 1,000 tons but does not exceed 30,000

tons

1,440 plus an additional

£122 for each 500 tons

or part thereof by which

the ship exceeds 1,000

tons.

exceeds 30,000 tons £8,516 plus an

additional £111 for each

1,000 tons or part

Merchant Shipping

1935-09

thereof by which the

ship exceeds 30,000

tons.

The intermediate survey of a ship during the

period of validity of Cargo Ship Safety

Construction Certificate, where the ship:

is 500 tons or over but does not exceed 1,000

tons

£388.00

exceeds 30,000 tons £2,316 plus an

additional £27.70 for

each 1,000 tons or part

thereof by which the

ship exceeds 30,000

tons.

The annual survey of a ship during the period of

validity of Cargo Ship Safety Construction

Certificate where the ship:

is 500 tons or over but does not exceed 1,000

tons

£240.

exceeds 1,000 tons but does not exceed 30,000

tons

£240 plus an additional

£27.70 for each 500

tons or part thereof by

which the ship exceeds

1,000 tons.

exceeds 30,000 tons £1,847 plus an

additional £27.70 for

each 1,000 tons or part

thereof by which the

ship exceeds 30,000

tons.

Other fees for cargo ship safety construction

certificates and surveys.

For the survey for the issue or renewal of a cargo

ship safety construction certificate or for the

intermediate survey when carried out by a

certifying authority other than the Port

Department at the same time as a survey for

classification purposes

a fixed fee of £166.

For the partial declaration of survey of a cargo

ship (SUR IE)

no maximum.

For the survey for the issue to a ship of a cargo

Merchant Shipping

1935-09

ship safety construction certificate to remain in

force for a period not exceeding three months,

where the ship is one in respect of which there is

or has been in force within the period of twelve

months preceding the survey, a passenger

certificate, or a passenger certificate combined

with a safety certificate:

for the survey carried out before or within one

month after the expiry of the certificate

a fixed fee of £355

for the survey carried out more than one month

but within twelve months after the expiry of the

certificate

a fixed fee of £710

For the survey of a ship to which the Merchant

Shipping (Cargo Ship Construction and Survey)

(Tankers and Comination Carriers) Rules 1975

or the Merchant Shipping (Cargo Ship

Construction and Survey) Regulations 1980

apply, carried out by a Port Department

surveyor, before a survey for the issue or

renewal of a cargo ship safety construction

certificate or an intermediate survey.

no maximum

For the survey of a ship for compliance with

IMCO Resolution A327 (IX) (Recommendation

concerning fire safety requirements for cargo

ships)

no maximum

Where repairs have been made to a cargo ship

which require a special survey to be carried out

by a Port Department surveyor.

no maximum

TABLE H

PART III

Load Line and Seaworthiness

Note:

(a) In this part “the Act” means the Merchant

Shipping (Load Lines) Act 1967; “the Rules” means

the Merchant Shipping (Load Line) Rules 1968 as

amended.

Merchant Shipping

1935-09

(b) In this part “periodical survey” means a survey of

a ship in respect of which there is in force at the time

of the survey, or was in force immediately before that

time, a load line certificate issued by or on behalf of

the Port Department under the Act or a load line

exemption certificate issued by the Department.

(1) which corresponds in the following

respects with a ship which has already

been surveyed or which will have been

surveyed, prior to the survey of the sister

ship:

(a) the hydrostatic particulars and

cross curves of stability are

identical to those of the principal

ship;

(b) the amounts and dispositions of the

items included in the lightweight of

the ship are substantially the same

as those of the principal ship;

(2) as to which, prior to the commencement

of the survey, application is made in

writing by or on behalf of the owner for

the ship to be treated as a sister ship,

accompanied by a declaration that it

complies with the foregoing

requirements.

(d) In this part “extended international

voyage” means an outward voyage

from a port or place in Gibraltar to

a port or place outside Gibraltar in

accordance with Section 2(1) of the

Merchant Shipping Act.

(e) The standard fee prescribed in

Section A shall be adjusted in

accordance with the provisions of

Section B and for special cases in

accordance with Section C.

Merchant Shipping

1935-09

(f) References in Section B or Section

C to a standard fee are references to

the standard fee appropriate to the

tonnage of the ship in accordance

with the table of standard fees in

Section A.

Section A

Standard fees for surveys and inspections for load line

certificates and load line exemption certificates

Fees for the initial survey of a ship for a load line

certificate or a load line exemption certificate:

in the case of a ship:

not exceeding 50 tons 526.00

exceeding 50 tons but not exceeding 100 tons 942.00

exceeding 100 tons but not exceeding 8,000 tons 8,864.00

exceeding 8,000 tons 9,141.00

Fees for the periodical survey of a ship for a load line

certificate or a load line exemption certificate:

in the case of a ship:

not exceeding 50 tons 500.00

exceeding 50 tons but not exceeding 100 tons 886.00

exceeding 100 tons but not exceeding 500 tons 1,995.00

exceeding 500 tons 3,324.00

Fees for the periodical inspection of a ship for a load

line certificate or a load line exemption certificate:

in the case of a ship:

not exceeding 50 tons 277.00

Merchant Shipping

1935-09

exceeding 50 tons but not exceeding 100 tons 554.00

exceeding 100 tons but not exceeding 3,000 tons 554.00 plus an

additional 27.70

for each 100

tons or part

thereof by which

the ship exceeds

100 tons.

exceeding 3,000 1,385.00

SECTION B

Adjustments of standard fees

Where the survey or inspection of a classed ship

carried out by a surveyor on behalf of an

Assigning Authority other than the Port

Department a the same time as a classification

survey for which a fee is charged by that

Authority:

an initial survey 25% of the maximum

standard initial survey

fee.

a periodical survey the standard periodical

inspection fee.

a periodical inspection 50% of the maximum

standard periodical

inspection fee.

Where the survey of a classed ship carried out by

a surveyor appointed by the Port Department:

an initial survey 30% of the maximum

standard initial survey

fee.

a periodical survey 125% of the

maximum standard

periodical inspection

fee.

Where the survey or inspection of a ship carried

out concurrently with a survey for a passenger

certificate, a safety certificate, a passenger

certificate combined with a safety certificate, or

a United Kingdom fishing vessel certificate by a

Merchant Shipping

1935-09

surveyor appointed by the Department of

Transport:

an initial survey 12 1 /2% of the

maximum initial

survey fee.

an periodical survey 50% of the maximum

periodical inspection

fee.

a periodical inspection no fee

For the survey of a ship in respect of which a

load line certificate or load line exemption

certificate is in force, where alternations have

been made to the ship which involve the

assignment of new free boards but are not such

as to necessitate a complete survey of the ship

for that purpose.

the standard periodical

inspection fee.

For the survey of a ship where the survey

involves the attendance of a surveyor appointed

by the Port Department at the Lading trail of the

ship in respect of which the owner apply for

exemption from the necessity to fit hatch covers

the standard

maximum fee

appropriate to the

survey plus an

additional fixed fee of

£715.00 for the

surveyor’s attendance

at the first loading

trial and of £344.00

for his attendance of

any subsequent

loading trial.

For the survey or inspection of a ship not

exceeding 25 tons or, if unregistered, not

exceeding 15 metres (49.2 feed) in overall

length, which on voyages to sea carries neither

cargo nor more than 12 passengers.

50% of the maximum

appropriate standard

fee for surveyor

inspection as the case

may be.

Stability requirements

For the survey of a ship where it is necessary to

determine compliance in respect of the ship with

the stability requirements in Schedules 4 and 7

of the Rules

the standard fee

appropriate to the

survey plus an

additional maximum

fee of–

Where the ship:

does not exceed 2,000 tons 665.00

Merchant Shipping

1935-09

exceeds 2,000 tons 6655.00 plus an

additional £277.00 for

each 1,000 tons or part

thereof by which the

ship exceeds 2,000

tons.

For the survey as described above in the case of

a sister ship in respect of which an inclining test

has been dispensed with

the standard fee

appropriate to the

survey plus an

additional fee of 50%

of the appropriate

maximum fee.

(a)For the survey of a ship (other than a ship to

which (b) applies) where the survey involves

calculations in accordance with the Rules as to

the ability of the ship to withstand the flooding

of compartments

the standard fee

appropriate to the

survey plus an

additional fixed fee*

of £1,091.00.

(b) For the survey as described in (a) in the case

of the sister ship

the standard fee

appropriate to the

survey plus an

additional fixed fee*

of £543.00.

*Where an Assigning Authority (other than the

Port Department) has carried out the load line

survey and charged the appropriate standard fee,

only the additional fee is payable to the

Department for determining compliance with the

stability requirements.

SECTION C

Fees for survey and inspection: special cases

Exemptions for deeper loading

Where a survey or inspection is carried out on a

ship in respect of which a load line certificate is

in force, for the purpose of an exemption for

deeper loading:

a first survey for the exemption 25% of the maximum

standard initial survey

Merchant Shipping

1935-09

fee plus 50% of the

maximum standard

periodical inspection

fee.

a subsequent survey or inspection for the

continuing of the exemption in force:

made concurrently with a periodical inspection

respectively carried out by the department

no fee.

not so made the standard periodical

inspection fee.

For a survey or inspection as described above

where the ship is a classed ship and the load line

Assigning Authority certify in writing that the

scantlings of the ship are sufficient for the

deeper loading:

a first survey for the exemption 25% of the maximum

standard initial survey

fee plus the standard

periodical inspection

fee.

a subsequent survey or inspection for the

continuing of the exemption in force:

made concurrently with a periodical survey or a

periodical inspection respectively carried out by

the Department

no fee

not so made the standard periodical

inspection fee.

Exemptions for single voyages

Where a survey carried out on a ship in respect

of which a load line certificate or load line

exemption certificate is in force and the owners

of which require it to make a single voyage

outside the limits specified in that certificate not

being an extended international voyage.

the standard periodical

inspection fee.

Where a survey carried out on a ship in respect

of which a load line certificate or load line

exemption certificate is not in force and the

owners of which require it to make either a

single short international voyage or a single

coastal voyage

25% of the maximum

standard initial survey

fee.

Merchant Shipping

1935-09

Where a survey carried out on a ship in respect

of which a load line certificate or load line

exemption certificate is in force for prescribed

coastal limits and the owners of which require it

to make a single extended international voyage

25% of the maximum

standard initial survey

fee.

Where a survey carried out on a ship in respect

of which a load line certificate or load line

exemption certificate is not in force and the

owners of which require it to make a single

extended international voyage

50% of the maximum

standard initial survey

fee.

Where a survey carried out on a ship the owners

of which require it to make a single voyage

under tow

no maximum

Stability requirements

For the survey of a ship to determine compliance

in respect of the ship with the stability

information requirements in Schedule 7 of the

Rules in the case of a ship which was an existing

ship on 21st July 1968:

on which stability information was carried for

the guidance of the master pursuant to the

Merchant Shipping (Safety Convention) Act

1949:

Where the ship:

does not exceed 2,000 tons 333.00

is 2,000 tons or over £333 plus an

additional £55.40 for

each 400 tons or part

thereof by which the

ship exceeds 2,000

tons.

on which stability information was not carried

for the guidance of the master pursuant to the

Merchant Shipping (Safety Convention) Act

1949

the appropriate fee.

Under section

For a survey as described above in the case of a

sister ship

50% of the maximum

fees appropriate.

Merchant Shipping

1935-09

SECTION D

General

For the issue, in substitution for an existing load

line certificate, or load line exemption

certificate, of a corresponding certificate

showing amended or extended plying limits

(including such survey or inspection as may be

necessary)

a fixed fee of £104.00

For the endorsement of a load line exemption

certificate

a fixed fee of £52.00

For a copy of a load line certificate or a load line

exemption certificate

a fixed fee of £18.75

TABLE I

Fees for survey of ships in dry dock

For the Survey of the hull in dry dock and for the

issue of a dry docking certificate

no maximum

Fees for examination of plans and arrangements

For the examination of preliminary plans for

hulls of proposed ships:

for the examination of the structural drawings

and scantlings or

for the consideration of the watertight

subdivision arrangements or

for consideration of designs of boilers, shafting

or other machinery parts

no maximum

For consideration of the arrangements of fire

appliances, life saving appliances, navigation

equipment etc.

no maximum

For the examination of plans for foreign ships

building outside Gibraltar

The department will, in special cases, undertake

Merchant Shipping

1935-09

the examination of plans of hulls, machinery

life-saving appliances, fire appliances,

equipment etc. of ships under construction

abroad, to see whether the design and particulars

conform to Solas requirements

no maximum against a

deposit of 25% of the

appropriate maximum

fee in Table H Part I.

Fees for testing, inspecting and examining plans

of sidescuttles, fire resisting doors and materials

ships side and other full fittings

For the examination of designs of fittings

intended for use in connection with the

subdivision or structure of a ship:

For the examination of design of sidescuttles

conforming to British Standards Specification

no fee.

For the examination of the design of sidescuttles

not conforming to British Standards

Specification

no maximum

For the examination of the methods of fitting

materials used in the construction of ‘A’ Class

fire resisting divisions

no maximum

For the examination of the methods of fitting

materials used in the construction of “B” Class

fire retarding divisions:

per drawing

no maximum

For the examination of the design of items not

include above

no maximum

For the inspection and testing at the maker’s

works of prototype fittings, and production

fitting intended for foreign ships

no maximum

For Witnessing Fire Tests

no maximum

For the issue of a certificate of inspection and

test in respect of any material of fitting referred

to in this section

no maximum

For an additional certificate

a fixed fee of £18.75

Merchant Shipping

1935-09

TABLE J

PART I

Fees for survey of ships’ boilers

For the inspection of drawings and survey and

hydraulic testing of single-ended cylindrical

boilers or water tube boilers intended for use on

board ship

no maximum

Fees for surveys and tests of boiler parts,

machinery, materials and testing machines

Note:

(a) If parts of boilers and machinery etc. are

eventually installed in a ship under survey for

certification as a passenger ship the fee is

regarded as part of the fee specified in Table H

(b) Except where otherwise shown, these fees

will be additional to those specified in Table I

For the survey of boiler parts, machinery etc:

Air receivers or welded pressure vessels of Class

I, II and III

no maximum

Auxiliary unit (such as evaporators, heaters,

filters, coolers, pumps etc)

no maximum

Boiler mountings

no maximum

Electric generators and motors

no maximum

Machinery items, gearing, shafting propellers etc

no maximum

Oil fuel flexible pipes:

Examination of design, inspection and

witnessing of tests of the prototype and issue of

certificates of inspection and test where

appropriate

no maximum

Oily-water separators:

Merchant Shipping

1935-09

Examination of design, witnessing of hydraulic

test and inspection of the appliance

no maximum

Reversing and Reduction gear-boxes for use

with engines not exceeding 373 KW (500 BHP)

no maximum

For examination of each design

no maximum

Steering gear, main and auxiliary, complete for

each item

no maximum

Watertight Doors:

Examination of design, inspection and

witnessing of tests of the prototype and issue of

a certificate of inspection and tests where

appropriate

no maximum

The survey of watertight doors of an approved

design at the maker’s works

no maximum

For the inspection of machinery parts, i.e.

forgings, casting, pipes etc., and for witnessing

tests of materials, electrodes etc.

no maximum

For the inspection and verification of testing

machines:

For the inspection and verification of testing

machines used for testing materials coming

under Port Department survey and for the issue

of a certificate

no maximum

For the inspection and verification of testing

machines not used for testing materials coming

under Port Department survey and for the issue

of a certificate

no maximum

For Certificate of Inspection and Certificates of

Test:

Where a maker requires such a certificate in

respect of any of the inspections and tests above

the fees for which do not include the issue of a

certificate

no maximum

Merchant Shipping

1935-09

For an additional copy of a certificate a fixed fee of £18.75

Additional fee for registering any design as

standard

a fixed fee of £155.00

PART II

Radio

Note:

The first three fees are in addition to the fee for a

passenger certificate, a safety certificate and a

safety equipment certificate

Fees for radio certificates and radio exemption

certificates

For the survey for a radio certificate, or a

qualified radio certificate together with an

exemption certificate:

in the case of a ship:

not exceeding 1,600 tons

143.00

exceeding 1,600 tons

223.00

For an exemption certificate only, relating to

radio

24.00

For a copy of a radio certificate, or a qualified

radio certificate together with an exemption

certificate

18.75

For a copy of an exemption certificate only 18.75

Fees for inspection of radio installations on

board ship

For the inspection of a ship under section 76(1)

of the Merchant Shipping Act 1970 (not being

an inspection made with a view to the issue of a

passenger certificate or of any of the certificates

referred to in sections 7 and 9 of the Merchant

Shipping (Safety Convention) Act 1949, and for

the issue of a report of Form SUR 69 (Radio);

Merchant Shipping

1935-09

(a) on the application of the owner of the ship

for the purposes of seeing that she is properly

provided with a radio installation and radio

officers or radiotelephone operators in

conformity with the Radio Rules, or

(b) otherwise than on the application of the

owner, as a result of changes or modification in

her radio equipment or as a result of an accident

to the ship or a defect which affects the

efficiency or completeness of a radio

installation:

for a complete inspection - in the case of a ship:

not exceeding 1,600 tons

143.00

exceeding 1,600 tons

223.00

for a partial inspection:

for each visit made to the ship

64.00 subject to a

maximum not

exceeding the

appropriate fee for a

complete inspection.

For the inspection of a ship otherwise than on

the application of the owner, if the ship is found

to be not properly provided with radio

installation or radio officers or radiotelephone

operators:

for each visit made the ship

64.00 subject to a

maximum not

exceeding the

appropriate fee for a

complete inspection.

For the inspection of a ship for the purpose of

seeing that she is properly provided with radio

equipment not required by the Radio Rules but

which has been fitted as a condition of

exemption from specific requirements of such

Radio Rules

64.00

For the initial inspection of a Class VI or Class

A passenger ship for the purpose of seeing that

Merchant Shipping

1935-09

she is properly provided with a VHF radio

installation in accordance with the Radio Rules

55.95

For a copy of a form SUR 69 (Radio)

18.95

Fees for testing types of marine radio and

navigational aids equipment

For testing a type and, where appropriate, issue

of a type test certificate of:

Main radiotelegraph transmitter

Main radiotelegraph receiver

Reserve radiotelegraph transmitter

Reserve radiotelegraph receiver

Radiotelegraph automatic keying device

Radiotelegraph loudspeaker watchkeeping

receiver

Radiotelephone installation

Radiotelephone alarm signal generating device

Radiotelephone loudspeaker watchkeeping

receiver

Motor lifeboat fixed radio equipment

Portable radio equipment for survival craft

Radiotelephone distress equipment for fishing

boats’ survival craft

Radiotelegraph auto alarm equipment

Direction-finder

Radar

Echo-sounder

the fee will be

determined by the

amount of work

involved.

Fees for radio certificates and radio exemption

certificates in respect of fishing vessels and for

Merchant Shipping

1935-09

the inspection of radio installations on board

fishing vessels

For the inspection of a fishing vessel on the

application of the owner under section 76(1) of

the Merchant Shipping Act 1970 for the purpose

of seeing that the vessel is properly provided

with a radio installation and radio operators in

compliance with the Merchant Shipping (Radio)

(Fishing Vessels) Rules 1974, for the issue or

renewal of a United Kingdom fishing vessel

certificate issued under rule 126 of the Fishing

Vessels (Safety Provisions) Rules 1975.

Class I

not exceeding 1,600 tons 119.00

exceeding 1,600 tons

223.00

Class II or Class III

119.00

For the periodical inspection of a fishing vessel,

on the application of the owner, under section

76(1) of the Act of 1970 pursuant to rule 130 of

the Fishing vessels (Safety Provisions Rules

1975.

Class I

not exceeding 1,600 tons

119.00

exceeding 1,600 tons

223.00

Class II or Class III

119.00

For the inspection of a fishing vessel under

section 76(1) of the Act of 1970:

(a) on the application of the owner other than in

the above classes for the purpose of seeing that

the vessel is properly provided with a radio

installation and radio operators in compliance

with the fishing vessels Radio Rules or

(b) otherwise than on application of the owner,

as a result of changes or modification in the

radio equipment after compliance with the

fishing vessels Radio Rules: for a complete

Merchant Shipping

1935-09

inspection in the case of a vessel of:

Class I

not exceeding 1,600 tons

119.00

exceeding 1,600 tons

223.00

Class II or Class III

119.00

for a partial inspection

60.00 per visit subject

to a maximum not

exceeding the

appropriate fee.

For the inspection of a fishing vessel, otherwise

than on the application of the owner under

section 76(1) of the Act of 1970 where the

vessel is found not to be properly provided with

a radio installation or radio apparatus required

by the fishing vessels Radio Rules or any

condition subject to which the vessel has been

exempted from a requirement of the fishing

vessels Radio Rules

60.00 per visit subject

to a maximum not

exceeding the

appropriate fee.

For the inspection of a fishing vessel on the

application of the owner under Section 76(1) of

the Act of 1970 for the purpose of exempting the

vessels from a requirement of the fishing vessels

Radio Rules

60.00

For the issue of an exemption certificate only,

relating to radio

18.00

For a copy of a radio certificate, or a qualified

radio certificate together with an exemption

certificate

18.75

For a copy of an exemption certificate only

18.75

PART III

RADAR

Note:

The fees in this Part are statutory fees

Merchant Shipping

1935-09

Fees for the inspection of the radar installation

on a ship under section 76(1) of the Merchant

Shipping Act 1970

On the application of the owner for the purpose

of seeing that the radar installation provided is in

accordance with the Rules

no maximum

Otherwise than on the application of the owner,

where the ship is found not to be complying with

the provisions of the Rules or any condition

subject to which the ship has been exempted

from a requirement of the Rules

no maximum

SAFETY EQUIPMENT

Note:

(a) The fees cover the survey of life-saving

appliances, fire appliances, pilot ladders, lights

and sound signal apparatus, as appropriate, the

issue of a form SUR 183 (Record of Safety

Equipment) if required and the issue of a safety

equipment certificate (or a qualified safety

equipment certificate together with an

exemption certificate).

(b) The fees apply also to a ship which would be

required to hold a safety equipment certificate

but for the fact that the ship is not registered in a

1960 SOLAS Convention country, or a territory

to which the Convention has been extended. In

this case a safety equipment certificate will not

be issued.

equipment certificate on a ship the form SUR

183 will be completed only for those items

surveyed.

Fees for safety equipment certificate

For the initial survey of a ship for the initial

Merchant Shipping

1935-09

issue of a safety equipment certificate or a

qualified safety equipment certificate together

with an exemption certificate:

in the case of a ship of:

500 tons or over but under 1,600 tons 4,432.00

1,600 tons or over but under 15,000 tons

4,432.00 plus an

additional £609.40 for

each 1,000 tons or part

thereof by which the

ship exceeds 1,600

tons.

15,000 tons or over 13,296.00

For the survey of a ship for a safety equipment

certificate under regulation 4 of the Merchant

Shipping (Cargo Ship Safety Equipment Survey)

Regulations 1981:

in the case of a ship of::

500 tons or over but under 1,600 tons

554.00

1,600 tons or over but under 3,000 tons

886.00

3,000 tons or over

1,220.00

For the survey of a ship for a safety equipment

certificate under regulation 4 of the Merchant

Shipping (Cargo Ship Safety Equipment Survey)

Regulations 1981:

in the case of a ship of:

500 tons or over but under 1,600 tons 333.00

1,600 tons or over but under 3,000 tons

665.00

3,000 tons or over

776.00

For an additional copy of a certificate or an

additional copy of a form SUR 183

a fixed fee of £18.75

Merchant Shipping

1935-09

For a partial inspection of the safety equipment

of a ship required to hold a safety equipment

certificate:

(a) on the application of the owner; or

(b) not on the application of the owner, where

equipment is found defective

no maximum

For a partial inspection of life-saving appliances

on a ship making a voyage with a trials party on

board where the ship is not under survey by the

Department.

no maximum

*(Where a ship is under a Port Department

survey and the appropriate survey fee or deposit

has been paid, such inspection will be counted as

part of the survey and no further fee will be

charged)

Fees chargeable by the Department where the

survey or inspection of a ship is to be carried out

at a port outside Gibraltar by a ship surveyor not

employed by the Department but specially

appointed for the purpose under the Merchant

Shipping Act.

no maximum

(The fee is in addition to the fee payable for the

service to the specially appointed surveyor or his

employer)

Fees for inspection of the safety equipment of

ships not required to hold safety equipment

certificates.

For the initial inspection of the safety equipment

of a ship on the application of the owner and for

the issue of a report on form SUR 183:

in the case of a ship of::

under 50 tons 886.00

50 tons or over but under 3,000 tons

886 plus an additional

£277 for each 100

tons or part thereof by

which the ship

exceeds 50 tons.

Merchant Shipping

1935-09

3,000 tons or over

9,418.00

For a subsequent inspection of the safety

equipment of a ship on the application of the

owner and for the issue of a report on form SUR

183:

in the case of a ship of:

under 500 tons

388.00

500 tons or over but under 3,000

£388 plus an

additional £111 for

each 500 tons or part

thereof by which the

ship exceeds 500 tons

3,000 tons or over

1,000

For an additional copy of form SUR 183

a fixed fee of £18.75

For a partial inspection of the safety equipment

of a ship:

(a) on the application of the owner; or

(b) not on the application of the owner, where

equipment is found defective; or

result of changes or modifications in the

equipment

no maximum.

For a partial inspection of life-saving appliances

on a ship making a voyage with a trials party on

board where the ship is not under survey by the

Department

no maximum

(Where a ship is under Department survey and

the appropriate survey fee or deposit has been

paid, such inspection will be counted as part of

the survey and no further fee will be charged)

Fees chargeable by the Department where the

survey or inspection of a ship is to be carried out

at a port outside Gibraltar by a ship surveyor not

Merchant Shipping

1935-09

employed by the Department but specially

appointed for the purpose under the Merchant

Shipping Act

no maximum

(The fee is in addition to the fee payable for the

service to the specially appointed surveyor or his

employer)

For the issue of an amended exemption

certificate, or for the issue of an exemption

certificate or amended exemption certificate

applied for other than at the time of normal

survey

no maximum

Fees for testing and inspecting life-saving

appliances

(a) The maximum number of person for which a

rowing lifeboat and a mechanically hand

propelled lifeboat can be certified is 60 and 100

respectively.

(b) When lifeboats and buoyant apparatus are

inspected at a boat builders at the same visit

minimum fee for buoyant apparatus will not

apply

For the inspection during construction, for the

certification or re-certification of lifeboats and

buoyants apparatus, and for the issue of a report

of inspection on form SUR 123A:

For the inspection of a lifeboat constructed of

glass-reinforced plastics the following fixed fees

shall apply:

in the case of a lifeboat which is certified to

carry

less than 10 persons

133.00

at least 10 persons but less than 20 persons 170.00

at least 20 persons but less than 30 persons 204.00

at least 30 persons but less than 40 persons 247.00

at least 40 persons but less than 50 persons 289.00

at least 50 persons but less than 60 persons 332.00

at least 60 persons but less than 70 persons 375.00

at least 70 persons but less than 80 persons 418.00

Merchant Shipping

1935-09

at least 80 persons but less than 90 persons 461.00

at least 90 persons but less than 100 persons 504.00

at least 100 persons but less than 120 persons 589.00

at least 120 persons but not more than 150

persons (maximum permitted number)

719.00

For the inspection of process and quality of

production of lifeboats or bouyant apparatus

constructed of glass reinforced plastics at the

manufacturer’s works

no maximum

For the inspection of a lifeboat constructed of

materials other than glass reinforced plastics the

following fixed fees shall apply

for a lifeboat constructed of wood

twice the appropriate

fee.

for a lifeboat constructed of steel

one and a half times

the appropriate fee

for a lifeboat constructed of aluminium

one and a half time the

appropriate fee

for a lifeboat constructed of steel or aluminium

and having built-in buoyancy tanks

twice the appropriate

fee

for the inspection of mechanically hand

propelled lifeboats, motor lifeboats and motor

lifeboats fitted with a radio cabin and

searchlight:

for a mechanically hand propelled lifeboat

a fixed fee of the

appropriate fee, plus

£75.00 a fixed fee of

the appropriate fee,

plus £151.00

for a motor lifeboat fitted with a radio cabin and

searchlight

a fixed fee of the

appropriate fee plus

£200

for the inspection of buoyant apparatus

constructed of materials other than glass

reinforced plastics

no maximum

Merchant Shipping

1935-09

For the inspection of buoyant apparatus

constructed of glass reinforced plastics

no maximum

For the routine inspection of production of life-

jackets at the manufacturer’s works

no maximum

For the inspection of a buoyant materiel

(excluding cork and kapok) and consideration of

report of tests carried out by an independent

authority, in addition to fees charged by the

authority.

a fixed fee of £499.00

For the inspection at the manufacturer’s works

of boats’ davits and winches intended for stock

or for foreign ships

no maximum

For the inspection of inflatable lifeboats and

inflatable boats and of servicing depots:

For the inspection of processes and quality of

production at the manufacturer’s works

no maximum

For the inspection of servicing depot

for each day or part of a day of a prescribed visit

by the Department

no fee.

For the individual inspection and re-certification

of an inflatable liferaft except where it is

surveyed as part of a full l.s.a survey

a fixed fee of £112.00

(a) For the examination of the design, or a

modification to a design, of a life-saving

appliance, the witnessing of tests and inspection

of an appliance made to the design; or

(b) For the inspection of a proofed fabric or

adhesive and consideration of report of tests

carried out by an independent laboratory and

no maximum

Fees for witnessing of tests and inspection of fire

appliances, cinema projectors or similar

appliances.

Fees for the inspection of lights and fog signals

Merchant Shipping

1935-09

For the inspection of lights and fog signals on

any ship:

(a) on the application of the owner; or

(b) not on the application of the owner, where

equipment is found defective:

no maximum

Fees for the testing and inspection of lights and

sound signal apparatus

For the examination of the design of a light and

sound signal apparatus, the testing and

inspection of the first apparatus made to the

design, and if required, the issue of a certificate

of test:

Navigation lantern

Burner

Lens

Daylight signalling lamp

Sound signalling apparatus

Any similar apparatus no maximum

Fees for fire-detecting systems and fire

extinguishing installations

For the examination of the design of a fire-

detecting system, inert gas system of fixed fire

extinguishing installation or plans of a froth or

carbon dioxide installation for fire extinguishing

no maximum

Inspection of Ship’s Provisions

Note:

“The Regulations” means the Merchant

Shipping (Provisions and Water) Regulations

1972 as amended and the Merchant Shipping

(Provisions and Water) (Fishing Vessels)

Regulations 1972 as amended.

Fees for the inspection of provisions and water

Merchant Shipping

1935-09

in ships and fishing vessels

(a) on application of the owner for the purpose

of seeing that the provisions of water provided

are in accordance with the Regulations

(b) otherwise than on the application of the

owner, where the provisions or water provided

are found not to be in accordance with the

Regulations

no maximum

Fees for the inspection of provisions and water

in ships and fishing vessels following a

complaint by a member of the crew:

where the complaint is found to be justified

no maximum

where the complaint is found to be unjustified

no fee

Fees for the inspection on premises of provisions

and water intended for supply to a ship or fishing

vessel, where the provisions or water are found

not to be in accordance with Regulations

no maximum

TABLE K

Surveyors Charges and general notes:

1. In cases where the exact fee cannot be

calculated in advance a deposit equal to the

estimated fee will be required. Any outstanding

balance of charges incurred in the Service must

be paid before a certificate is issued or the

Service is completed.

2. Except where otherwise stated the fee for any

Service carried out in Gibraltar will be

determined by the amount of work involved,

subject to the appropriate maximum fee. The

total time for that Service including the time

occupied by the Surveyor, Inspector or

Superintendent in travelling to and from the

place of Survey etc,. will be charged at £41.50

per hour or part thereof except Table L which

will be charged at £4.25 per quarter of an hour.

Merchant Shipping

1935-09

3. The maximum number of hours to be

included in the calculation of the cost of a

Service in respect of travelling time shall be 2

hours for each visit made by the Surveyor,

Inspector or Superintendent.

4. Where any of the Surveys, Inspections or

Tests etc. listed in the tables are carried out

outside Gibraltar, the travelling expenses

(including the time occupied by the Surveyor or

Inspector in travelling to and from the place of

Survey etc.) and subsistence allowances incurred

by the Surveyor or Inspector are payable in

addition to the fee shown.

5. The expression “tons” wherever it is used in

these tables means gross tons and the gross

tonnage of a ship having alternative tonnages is

taken as the larger of these gross tonnages.

TABLE L

Engagement and Discharge of Seamen

Note:

These fees are statutory fees

Fees for the engagement and discharge of

seamen

For the engagement and discharge of seamen

before a Superintendent or for any service

rendered in connection with a crew agreement at

the request of the owner, agent or master:

where the service is performed elsewhere than in

a Marine Office:

Monday to Friday (excluding Public Holidays)

between 9 a.m and 5p.m. The fee will be

determined by the

amount of work

involved, including

Merchant Shipping

1935-09

travelling time,

charged at an hourly

rate of £17, subject to

a minimum fee of £17.

at all other times 200% of the

appropriate fee under

(1) above.

where the service is performed in a Marine

Office:

Monday to Friday (excluding Public Holidays)

between 9.a.m. and 5 p.m.

where the service is performed in a Marine

Office.

The fee will be

determined by the

amount of work

involved charged at an

hourly rate of £17,

subject to a minimum

fee of £4.25.

at all other times 200% of the

appropriate fee under

(1) above.

Merchant Shipping

1935-09

TABLE M

EXAMINATION FEES

For examination for a Certificate of Competency

Coxswain of a Motor Launch

£30.00

Engine Driver of a Motor Launch £30.00

Lifeboatman per man £9.00

Replacement of Certificates.

Replacement copy of Certificate as Coxswain,

Engine Driver or Lifeboatman

£9.00

Exemption to a hip for unqualified Officers.

For an application for a dispensation as Deck or

Marine Engineer Officer

£63.00

For application for other exemptions to a ship £63.00

Merchant Shipping

1935-09

Schedule 1A Revoked.

________________________

SCHEDULE 2.

Section 224(3).

SPECIAL MEASUREMENTS FOR PASSENGER SHIPS PLYING

NOT SOUTH OF A LINE JOINING EUROPA POINT AND

CARNERO POINT.

The clear area of the deck in square feet is to be divided by 10 and the

quotient is the number of passengers and crew allowed to be carried.

One passenger to be deducted for every 3 square feet of passenger

accommodation occupied by baggage or cargo.

Merchant Shipping

1935-09

Schedule 3. Revoked.

__________________________

SCHEDULE 4

Section 33.

ALTERATION OF PENALTIES

First Column

Act

Section

Second Column

Amount of fine

First Column

Act

Section.

Second Column

Amount of

fine

£ £

12(2) 400 107(2) for 100 400

14(g) 400 for 50 200

17 400 108 1000

18(2) 400 109(2) for 100 400

19(2) 400 for 50 200

23(2) 400 110(2) for 100 400

24(3) 400 for 10 100

26(2) 400 111 5000

27(1) & (2) 400 144(2) 400

30(1) 100 150(4) 200

31(3) 100 154(2) 200

37(2) 100 155(2) 200

59(1) & (2) 400 181(d) 100

59(3) 1000 189(2) 400

60(2) 400 191(2) 100

61(3) 400 192 400

63(1) 400 193(2) 400

64(1) 1000 194 400

77(1) 1000 196 1000

78(2) 400 197(1) & (2) 1000

79(2) 400 199 200

79(3) for 100 400 204(2) 2000

for 20 200 205(a) & (b) 1000

81 2000 207 400

85(4) for 100 400 210(2) 2000

for 50 200 213(2) 100

86 1000 214(4) 1000

87(1)(2)&(4) 100 215(2) 400

89(3) 400 216(3) 200

104(1) for 100 400

Merchant Shipping

1935-09

SCHEDULE 5

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.

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 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

Merchant Shipping

1935-09

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.

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

Merchant Shipping

1935-09

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;

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

Merchant Shipping

1935-09

property in danger; provided however 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

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 I.

3. The owner of the vessel shall incur no liability for a breach of the duty of

the master under paragraph I.

ARTICLE 11

Co-operation

Merchant Shipping

1935-09

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.

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;

(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;

Merchant Shipping

1935-09

(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.

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 I, 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

Merchant Shipping

1935-09

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.

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

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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.

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.

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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.

ARTICLE 24

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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–

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(a) any reference to a numbered article is a reference to the article

of the Convention which is so numbered; and

(b) references to “the Convention” are references to the

International Convention on Salvage 1989 as set out in Part I of

this Schedule.

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 -

(a) on summary conviction, to imprisonment for a term not

exceeding six months or a fine not exceeding level 3 on the

standard scale or both;

(b) on conviction on indictment, to imprisonment for a term not

exceeding two years or a fine at level 4 on the standard scale,

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 of the Convention 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.

Salvage payment

4.(1) This paragraph applies where–

(a) services are rendered wholly or in part in Gibraltar’s territorial

waters in saving life from a vessel of any nationality, or

elsewhere in saving life from any ship registered in Gibraltar;

and

(b) either–

(i) the vessel and other property are destroyed, or

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(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 with responsibility for

transport 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 or in the Court of First Instance 

: 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.(1) An Order made by the Minister with responsibility for transport 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.

(2) In this paragraph “country” includes “territory.”

 Court of first Instance Act repealed by the Administration of Justice Act 2004 (2004-11)

s.3 as from 1.9.2004. All references to the Court of First Instance shall be read as if it were

a reference to the Supreme Court (see Act 2004-11 s.7).

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SCHEDULE 6

NAIROBI INTERNATIONAL CONVENTION ON THE REMOVAL OF

WRECKS, 2007

Section 179A(2)

Preamble

THE STATES PARTIES TO THE PRESENT CONVENTION,

CONSCIOUS of the fact that wrecks, if not removed, may pose a hazard to

navigation or the marine environment,

CONVINCED of the need to adopt uniform international rules and

procedures to ensure the prompt and effective removal of wrecks and

payment of compensation for the costs therein involved,

NOTING that many wrecks may be located in States’ territory, including the

territorial sea,

RECOGNIZING the benefits to be gained through uniformity in legal

regimes governing responsibility and liability for removal of hazardous

wrecks,

BEARING IN MIND the importance of the United Nations Convention on the

Law of the Sea, done at Montego Bay on 10 December 1982, and of the

customary international law of the sea, and the consequent need to implement

the present Convention in accordance with such provisions,

HAVE AGREED as follows:

Article 1

Definitions

For the purposes of this Convention:

1 “Convention area” means the exclusive economic zone of a State

Party, established in accordance with international law or, if a State Party

has not established such a zone, an area beyond and adjacent to the

territorial sea of that State determined by that State in accordance with

international law and extending not more than 200 nautical miles from the

baselines from which the breadth of its territorial sea is measured.

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2 “Ship” means a seagoing vessel of any type whatsoever and includes

hydrofoil boats, air-cushion vehicles, submersibles, floating craft and

floating platforms, except when such platforms are on location engaged

in the exploration, exploitation or production of seabed mineral

resources.

3 “Maritime casualty” 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 its cargo.

4 “Wreck”, following upon a maritime casualty, means:

(a) a sunken or stranded ship; or

(b) any part of a sunken or stranded ship, including any object

that is or has been on board such a ship; or

sunken or adrift at sea; or

(d) a ship that is about, or may reasonably be expected, to sink

or to strand, where effective measures to assist the ship or

any property in danger are not already being taken.

5 “Hazard” means any condition or threat that:

(a) poses a danger or impediment to navigation; or

(b) may reasonably be expected to result in major harmful

consequences to the marine environment, or damage to the

coastline or related interests of one or more States.

6 “Related interests” means the interests of a coastal State directly affected

or threatened by a wreck, such as:

(a) maritime coastal, port and estuarine activities, including

fisheries activities, constituting an essential means of

livelihood of the persons concerned;

(b) tourist attractions and other economic interests of the area

concerned;

area concerned, including conservation of marine living

resources and of wildlife; and

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(d) offshore and underwater infrastructure.

7 “Removal” means any form of prevention, mitigation or elimination of

the hazard created by a wreck. “Remove”, “removed” and “removing” shall

be construed accordingly.

8 “Registered 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 at the time of the maritime casualty. However, in the case of a ship

owned by a State and operated by a company which in that State is

registered as the operator of the ship, “registered owner” shall mean such

company.

9 “Operator of the ship” means the owner of the ship or any other

organization or person such as the manager, or the bareboat charterer, who

has assumed the responsibility for operation of the ship from the owner of

the ship and who, on assuming such responsibility, has agreed to take over

all duties and responsibilities established under the Internat ional Safety

Management Code, as amended.

10 “Affected State” means the State in whose Convention area the wreck is

located.

11 “State of the ship’s registry” means, in relation to a registered ship, the

State of registration of the ship and, in relation to an unregistered ship, the

State whose flag the ship is entitled to fly.

12 “Organization” means the International Maritime Organization.

13 “Secretary-General” means the Secretary-General of the Organization.

Article 2

Objectives and general principles

1 A State Party may take measures in accordance with this Convention

in relation to the removal of a wreck which poses a hazard in the

Convention area.

2 Measures taken by the Affected State in accordance with paragraph 1

shall be proportionate to the hazard.

3 Such measures shall not go beyond what is reasonably necessary to

remove a wreck which poses a hazard and shall cease as soon as the wreck

has been removed; they shall not unnecessarily interfere with the rights

and interests of other States including the State of the ship’s registry,

and of any person, physical or corporate, concerned.

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4 The application of this Convention within the Convention area shall not

entitle a State Party to claim or exercise sovereignty or sovereign rights over

any part of the high seas.

5 States Parties shall endeavour to co-operate when the effects of a

maritime casualty resulting in a wreck involve a State other than the

Affected State.

Article 3

Scope of application

1 Except as otherwise provided in this Convention, this Convention shall

apply to wrecks in the Convention area.

2 A State Party may extend the application of this Convention to wrecks

located within its territory, including the territorial sea, subject to article 4,

paragraph 4. In that case, it shall notify the Secretary-General accordingly,

at the time of expressing its consent to be bound by this Convention or at

any time thereafter. When a State Party has made a notification to apply

this Convention to wrecks located within its territory, including the

territorial sea, this is without prejudice to the rights and obligations of that

State to take measures in relation to wrecks located in its territory, including

the territorial sea, other than locating, marking and removing them in

accordance with this Convention. The provisions of articles 10, 11 and 12

of this Convention shall not apply to any measures so taken other than those

referred to in articles 7, 8 and 9 of this Convention.

3 When a State Party has made a notification under paragraph 2, the

“Convention area” of the Affected State shall include the territory, including

the territorial sea, of that State Party.

4 A notification made under paragraph 2 above shall take effect for that

State Party, if made before entry into force of this Convention for that

State Party, upon entry into force. If notification is made after entry into

force of this Convention for that State Party, it shall take effect six months

after its receipt by the Secretary-General.

5 A State Party that has made a notification under paragraph 2 may

withdraw it at any time by means of a notification of withdrawal to the

Secretary-General. Such notification of withdrawal shall take effect six

months after its receipt by the Secretary-General, unless the notification

specifies a later date.

Article 4

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Exclusions

1 This Convention shall not apply to measures taken under the

International Convention relating to Intervention on the High Seas in Cases

of Oil Pollution Casualties, 1969, as amended, or the Protocol relating to

Intervention on the High Seas in Cases of Pollution by Substances other

than Oil, 1973, as amended.

2 This Convention shall not apply to any warship or other ship owned

or operated by a State and used, for the time being, only on Government

non-commercial service, unless that State decides otherwise.

3 Where a State Party decides to apply this Convention to its warships

or other ships as described in paragraph 2, it shall notify the Secretary-

General, thereof, specifying the terms and conditions of such application.

4 (a) When a State Party has made a notification under article 3,

paragraph 2, the following provisions of this Convention shall

not apply in its territory, including the territorial sea:

(i) Article 2, paragraph 4;

(ii) Article 9, paragraphs 1,5,7, 8,9 and 10; and

(iii) Article 15.

(b) Article 9, paragraph 4, insofar as it applies to the territory,

including the territorial sea of a State Party, shall read:

Subject to the national law of the Affected State, the registered owner may

contract with any salvor or other person to remove the wreck determined to

constitute a hazard on behalf of the owner. Before such removal ommences,

the Affected State may lay down conditions for such removal only to the

extent necessary to ensure that the removal proceeds in a manner that is

consistent with considerations of safety and protection of the marine

environment.

Article 5

Reporting wrecks

1 A State Party shall require the master and the operator of a ship flying its

flag to report to the Affected State without delay when that ship has

been involved in a maritime casualty resulting in a wreck. To the extent

that the reporting obligation under this article has been fulfilled either

by the master or the operator of the ship, the other shall not be obliged to

report.

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2 Such reports shall provide the name and the principal place of business

of the registered owner and all the relevant information necessary for the

Affected State to determine whether the wreck poses a hazard in accordance

with article 6, including:

(a) the precise location of the wreck;

(b) the type, size and construction of the wreck;

(d) the nature and quantity of the cargo, in particular any hazardous

and noxious substances; and

(e) the amount and types of oil, including bunker oil and

lubricating oil, on board.

Article 6

Determination of hazard

When determining whether a wreck poses a hazard, the following criteria

should be taken into account by the Affected State:

(a) the type, size and construction of the wreck;

(b) depth of the water in the area;

(d) particularly sensitive sea areas identified and, as appropriate,

designated in accordance with guidelines adopted by the

organization, or a clearly defined area of the exclusive

economic zone where special mandatory measures have been

adopted pursuant to article 211, paragraph 6, of the United

Nations Convention on the Law of the Sea, 1982;

(e) proximity of shipping routes or established traffic lanes;

(f) traffic density and frequency;

(g) type of traffic;

(h) nature and quantity of the wreck’s cargo, the amount and types

of oil (such as bunker oil and lubricating oil) on board the

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wreck and, in particular, the damage likely to result should the

cargo or oil be released into the marine environment;

(i) vulnerability of port facilities;

(j) prevailing meteorological and hydrographical conditions;

(k) submarine topography of the area;

(l) height of the wreck above or below the surface of the water at

lowest astronomical tide;

(m) acoustic and magnetic profiles of the wreck;

(n) proximity of offshore installations, pipelines,

telecommunications cables and similar structures; and

(o) any other circumstances that might necessitate the removal of

the wreck.

Article 7

Locating wrecks

1 Upon becoming aware of a wreck, the Affected State shall use all

practicable means, including the good offices of States and organizations, to

warn mariners and the States concerned of the nature and location of the

wreck as a matter of urgency.

2 If the Affected State has reason to believe that a wreck poses a hazard, it

shall ensure that all practicable steps are taken to establish the precise

location of the wreck.

Article 8

Marking of wrecks

1 If the Affected State determines that a wreck constitutes a hazard, that

State shall ensure that all reasonable steps are taken to mark the wreck.

2 In marking the wreck, all practicable steps shall be taken to ensure

that the markings conform to the internationally accepted system of

buoyage in use in the area where the wreck is located.

3 The Affected State shall promulgate the particulars of the marking of the

wreck by use of all appropriate means, including the appropriate nautical

publications.

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Article 9

Measures to facilitate the removal of wrecks

1 If the Affected State determines that a wreck constitutes a hazard, that

State shall immediately:

(a) inform the State of the ship’s registry and the registered owner;

and

(b) proceed to consult the State of the ship’s registry and other

States affected by the wreck regarding measures to be taken in

relation to the wreck.

2 The registered owner shall remove a wreck determined to constitute a

hazard.

3 When a wreck has been determined to constitute a hazard, the registered

owner, or other interested party, shall provide the competent authority of the

Affected State with evidence of insurance or other financial security as

required by article 12.

4 The registered owner may contract with any salvor or other person to

remove the wreck determined to constitute a hazard on behalf of the owner.

Before such removal commences, the Affected State may lay down

conditions for such removal only to the extent necessary to ensure that the

removal proceeds in a manner that is consistent with considerations of safety

and protection of the marine environment.

5 When the removal referred to in paragraphs 2 and 4 has commenced,

the Affected State may intervene in the removal only to the extent necessary

to ensure that the removal proceeds effectively in a manner that is

consistent with considerations of safety and protection of the marine

environment.

6. The Affected State shall:

(a) set a reasonable deadline within which the registered owner

must remove the wreck, taking into account the nature of the

hazard determined in accordance with article 6;

(b) inform the registered owner in writing of the deadline it has set

and specify that, if the registered owner does not remove the

wreck within that deadline, it may remove the wreck at the

registered owner’s expense; and

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intervene immediately in circumstances where the hazard

becomes particularly severe.

7 If the registered owner does not remove the wreck within the deadline set

in accordance with paragraph 6(a), or the registered owner cannot be

contacted, the Affected State may remove the wreck by the most practical

and expeditious means available, consistent with considerations of safety

and protection of the marine environment.

8 In circumstances where immediate action is required and the Affected

State has informed the State of the ship’s registry and the registered owner

accordingly, it may remove the wreck by the most practical and expeditious

means available, consistent with considerations of safety and protection of

the marine environment.

9 States Parties shall take appropriate measures under their national law to

ensure that their registered owners comply with paragraphs 2 and 3.

10 States Parties give their consent to the Affected State to act under

paragraphs 4 to 8, where required.

11 The information referred to in this article shall be provided by the

Affected State to the registered owner identified in the reports referred to in

article 5, paragraph 2.

Article 10

Liability of the owner

1 Subject to article 11, the registered owner shall be liable for the costs of

locating, marking and removing the wreck under articles 7, 8 and 9,

respectively, unless the registered owner proves that the maritime casualty

that caused the wreck:

(a) resulted from an act of war, hostilities, civil war, insurrection,

or a natural phenomenon of an exceptional, inevitable and

irresistible character;

(b) was wholly caused by an act or omission done with intent to

cause damage by a third party; or

any Government or other authority responsible for the

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maintenance of lights or other navigational aids in the exercise

of that function.

2 Nothing in this Convention shall affect the right of the registered owner

to limit liability under any applicable national or international regime, such

as the Convention on Limitation of Liability for Maritime Claims, 1976, as

amended.

3 No claim for the costs referred to in paragraph 1 may be made

against the registered owner otherwise than in accordance with the

provisions of this Convention. This is without prejudice to the rights and

obligations of a State Party that has made a notification under article 3,

paragraph 2, in relation to wrecks located in its territory, including the

territorial sea, other than locating, marking and removing in accordance with

this Convention.

4 Nothing in this article shall prejudice any right of recourse against third

parties.

Article 11

Exceptions to liability

1 The registered owner shall not be liable under this Convention for the

costs mentioned in article 10, paragraph 1 if, and to the extent that, liability

for such costs would be in conflict with:

(a) the International Convention on Civil Liability for Oil

Pollution Damage, 1969, as amended;

(b) the International Convention on Liability and Compensation

for Damage in Connection with the Carriage of Hazardous

and Noxious Substances by Sea, 1996, as amended;

Nuclear Energy, 1960, as amended, or the Vienna Convention

on Civil Liability for Nuclear Damage, 1963, as amended; or

national law governing or prohibiting limitation of liability for

nuclear damage; or

(d) the International Convention on Civil Liability for Bunker

Oil Pollution Damage, 2001, as amended;

provided that the relevant convention is applicable and in force.

2 To the extent that measures under this Convention are considered to

be salvage under applicable national law or an international convention,

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such law or convention shall apply to questions of the remuneration or

compensation payable to salvors to the exclusion of the rules of this

Convention.

Article 12

Compulsory insurance or other financial security

1 The registered owner of a ship of 300 gross tonnage and above and

flying the flag of a State Party shall be required to maintain insurance or

other financial security, such as a guarantee of a bank or similar institution,

to cover liability under this Convention in an amount equal to the limits of

liability under the applicable national or international limitation regime, but

in all cases not exceeding an amount calculated in accordance with article

6(1)(b) of the Convention on Limitation of Liability for Maritime Claims,

1976, as amended.

2 A certificate attesting that insurance or other financial security is in

force in accordance with the provisions of this Convention shall be

issued to each ship of 300 gross tonnage and above by the appropriate

authority of the State of the ship’s registry after determining that the

requirements of paragraph 1 have been complied with. With respect to a

ship registered in a State Party, such certificate shall be issued or certified

by the appropriate authority of the State of the ship’s registry; with respect

to a ship not registered in a State Party it may be issued or certified by the

appropriate authority of any State Party. This compulsory insurance

certificate shall be in the form of the model set out in the annex to this

Convention, and shall contain the following particulars:

(a) name of the ship, distinctive number or letters and port of

registry;

(b) gross tonnage of the ship;

(d) IMO ship identification number;

(e) type and duration of security;

(f) name and principal place of business of insurer or other person

giving security and, where appropriate, place of business where

the insurance or security is established; and

(g) period of validity of the certificate, which shall not be longer

than the period of validity of the insurance or other security.

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3 (a) A State Party may authorize either an institution or an

organization recognized by it to issue the certificate referred to

in paragraph 2. Such institution or organization shall inform that

State of the issue of each certificate. In all cases, the State Party

shall fully guarantee the completeness and accuracy of the

certificate so issued and shall undertake to ensure the necessary

arrangements to satisfy this obligation.

(b) A State Party shall notify the Secretary-General of:

(i) the specific responsibilities and conditions of the

authority delegated to an institution or organization

recognized by it;

(ii) the withdrawal of such authority; and

(iii) the date from which such authority or withdrawal of

such authority takes effect.

An authority delegated shall not take effect prior to three months from the

date on which notification to that effect was given to the Secretary-General.

in accordance with this paragraph shall, as a minimum, be

authorized to withdraw these certificates if the conditions under

which they have been issued are not maintained. In all cases the

institution or organization shall report such withdrawal to the

State on whose behalf the certificate was issued.

4 The certificate shall be in the official language or languages of the

issuing State. If the language used is not English, French or Spanish, the

text shall include a translation into one of these languages and, where the

State so decides, the official language(s) of the State may be omitted.

5 The certificate shall be carried on board the ship and a copy shall be

deposited with the authorities who keep the record of the ship’s registry or,

if the ship is not registered in a State Party, with the authorities issuing or

certifying the certificate.

6 An insurance or other financial security shall not satisfy the requirements

of this article if it can cease for reasons other than the expiry of the period of

validity of the insurance or security specified in the certificate under

paragraph 2 before three months have elapsed from the date on which notice

of its termination is given to the authorities referred to in paragraph 5 unless

the certificate has been surrendered to these authorities or a new certificate

has been issued within the said period. The foregoing provisions shall

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similarly apply to any modification, which results in the insurance or

security no longer satisfying the requirements of this article.

7 The State of the ship’s registry shall, subject to the provisions of this

article and having regard to any guidelines adopted by the Organization on

the financial responsibility of the registered owners, determine the

conditions of issue and validity of the certificate.

8 Nothing in this Convention shall be construed as preventing a State Party

from relying on information obtained from other States or the Organization

or other international organizations relating to the financial standing of

providers of insurance or financial security for the purposes of this

Convention. In such cases, the State Party relying on such information is

not relieved of its responsibility as a State issuing the certificate required by

paragraph 2.

9 Certificates issued and certified under the authority of a State Party shall be

accepted by other States Parties for the purposes of this Convention and shall

be regarded by other States Parties as having the same force as certificates

issued or certified by them, even if issued or certified in respect of a ship not

registered in a State Party. A State Party may at any time request

consultation with the issuing or certifying State should it believe that the

insurer or guarantor named in the certificate is not financially capable of

meeting the obligations imposed by this Convention.

10 Any claim for costs arising under this Convention may be brought

directly against the insurer or other person providing financial security for

the registered owner’s liability. In such a case the defendant may invoke the

defences (other than the bankruptcy or winding up of the registered owner)

that the registered owner would have been entitled to invoke, including

limitation of liability under any applicable national or international regime.

Furthermore, even if the registered owner is not entitled to limit

liability, the defendant may limit liability to an amount equal to the

amount of the insurance or other financial security required to be maintained

in accordance with paragraph 1. Moreover, the defendant may invoke the

defence that the maritime casualty was caused by the wilful misconduct of

the registered owner, but the defendant shall not invoke any other defence

which the defendant might have been entitled to invoke in proceedings

brought by the registered owner against the defendant. The defendant shall

in any event have the right to require the registered owner to be joined in the

proceedings.

11 A State Party shall not permit any ship entitled to fly its flag to which

this article applies to operate at any time unless a certificate has been issued

under paragraphs 2 or 14.

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12 Subject to the provisions of this article, each State Party shall ensure,

under its national law, that insurance or other security to the extent required

by paragraph 1 is in force in respect of any ship of 300 gross tonnage and

above, wherever registered, entering or leaving a port in its territory, or

arriving at or leaving from an offshore facility in its territorial sea.

13 Notwithstanding the provisions of paragraph 5, a State Party may notify

the Secretary-General that, for the purposes of paragraph 12, ships are not

required to carry on board or to produce the certificate required by paragraph

2, when entering or leaving a port in its territory, or arriving at or leaving

from an offshore facility in its territorial sea, provided that the State Party

which issues the certificate required by paragraph 2 has notified the

Secretary-General that it maintains records in an electronic format,

accessible to all States Parties, attesting the existence of the certificate and

enabling States Parties to discharge their obligations under paragraph 12.

14 If insurance or other financial security is not maintained in respect of a

ship owned by a State Party, the provisions of this article relating thereto

shall not be applicable to such ship, but the ship shall carry a certificate

issued by the appropriate authority of the State of registry, stating that it is

owned by that State and that the ship’s liability is covered within the

limits prescribed in paragraph 1. Such a certificate shall follow as closely

as possible the model prescribed by paragraph 2.

Article 13

Time limits

Rights to recover costs under this Convention shall be extinguished unless

an action is brought hereunder within three years from the date when the

hazard has been determined in accordance with this Convention. However,

in no case shall an action be brought after six years from the date of the

maritime casualty that resulted in the wreck. Where the maritime casualty

consists of a series of occurrences, the six-year period shall run from the

date of the first occurrence.

Article 14

Amendment provisions

1 At the request of not less than one-third of States Parties, a conference

shall be convened by the Organization for the purpose of revising or

amending this Convention.

2 Any consent to be bound by this Convention, expressed after the date of

entry into force of an amendment to this Convention, shall be deemed to

apply to this Convention, as amended.

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Article 15

Settlement of disputes

1 Where a dispute arises between two or more States Parties regarding the

interpretation or application of this Convention, they shall seek to resolve

their dispute, in the first instance, through negotiation, enquiry, mediation,

conciliation, arbitration, judicial settlement, resort to regional agencies or

arrangements or other peaceful means of their choice.

2 If no settlement is possible within a reasonable period of time not

exceeding twelve months after one State Party has notified another that a

dispute exists between them, the provisions relating to the settlement of

disputes set out in Part XV of the United Nations Convention on the Law of

the Sea, 1982, shall apply mutatis mutandis, whether or not the States party

to the dispute are also States Parties to the United Nations Convention on

the Law of the Sea, 1982.

3 Any procedure chosen by a State Party to this Convention and to the

United Nations Convention on the Law of the Sea, 1982, pursuant to Article

287 of the latter, shall apply to the settlement of disputes under this article,

unless that State Party, when ratifying, accepting, approving or acceding to

this Convention, or at any time thereafter, chooses another procedure

pursuant to Article 287 for the purpose of the settlement of disputes arising

out of this Convention.

4 A State Party to this Convention which is not a Party to the United

Nations Convention on the Law of the Sea, 1982, when ratifying, accepting,

approving or acceding to this Convention or at any time thereafter shall be

free to choose, by means of a written declaration, one or more of the means

set out in Article 287, paragraph 1, of the United Nations Convention on the

Law of the Sea, 1982, for the purpose of settlement of disputes under this

Article. Article 287 shall apply to such a declaration, as well as to any

dispute to which such State is party, which is not covered by a declaration in

force. For the purpose of conciliation and arbitration, in accordance with

Annexes V and VII of the United Nations Convention on the Law of the Sea,

1982, such State shall be entitled to nominate conciliators and arbitrators

to be included in the lists referred to in Annex V, Article 2, and Annex

VII, Article 2, for the settlement of disputes arising out of this

Convention.

5 A declaration made under paragraphs 3 and 4 shall be deposited with the

Secretary-General, who shall transmit copies thereof to the States Parties.

Article 16

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Relationship to other conventions and international agreements

Nothing in this Convention shall prejudice the rights and obligations of any

State under the United Nations Convention on the Law of the Sea, 1982, and

under the customary international law of the sea.

Article 17

Signature, ratification, acceptance, approval and accession

1 This Convention shall be open for signature at the Headquarters of

the Organization from 19 November 2007 until 18 November 2008 and

shall thereafter remain open for accession.

(a) States may express their consent to be bound by this

Convention by:

(i) signature, without reservation as to ratification,

acceptance or approval; or

(ii) signature subject to ratification, acceptance or approval,

followed by ratification, acceptance or approval; or

(iii) accession.

(b) Ratification, acceptance, approval or accession shall be

effected by the deposit of an instrument to that effect with the

Secretary-General.

Article 18

Entry into force

1 This Convention shall enter into force twelve months following the

date on which ten States have either signed it without reservation as to

ratification, acceptance or approval or have deposited instruments of

ratification, acceptance, approval or accession with the Secretary-General.

2 For any State which ratifies, accepts, approves or accedes to this

Convention after the conditions in paragraph 1 for entry into force have

been met, this Convention shall enter into force three months following

the date of deposit by such State of the appropriate instrument, but not

before this Convention has entered into force in accordance with paragraph

Article 19

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Denunciation

1 This Convention may be denounced by a State Party at any time after the

expiry of one year following the date on which this Convention comes into

force for that State.

2 Denunciation shall be effected by the deposit of an instrument to that

effect with the Secretary-General.

3 A denunciation shall take effect one year, or such longer period as may be

specified in the instrument of denunciation, following its receipt by the

Secretary-General.

Article 20

Depositary

1 This Convention shall be deposited with the Secretary General.

2 The Secretary-General shall–

(a) inform all States which have signed or acceded to this

Convention of:

(i) each new signature or deposit of an instrument of

ratification, acceptance, approval or accession, together

with the date thereof;

(ii) the date of entry into force of this Convention;

(iii) the deposit of any instrument of denunciation of this

Convention, together with the date of the deposit and the

date on which the denunciation takes effect; and

(iv) other declarations and notifications received pursuant to

this Convention;

(b) transmit certified true copies of this Convention to all States

that have signed or acceded to this Convention.

3 As soon as this Convention enters into force, a certified true copy of

the text shall be transmitted by the Secretary-General to the Secretary-

General of the United Nations, for registration and publication in

accordance with Article 102 of the Charter of the United Nations.

Article 21

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Languages

This Convention is established in a single original in the Arabic, Chinese,

English, French, Russian and Spanish languages, each text being equally

authentic. DONE IN NAIROBI this eighteenth day of May two thousand and seven.

IN WITNESS WHEREOF the undersigned, being duly authorized by

their respective Governments for that purpose, have signed this Convention.

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ANNEX

CERTIFICATE OF INSURANCE OR OTHER FINANCIAL

SECURITY IN RESPECT OF LIABILITY FOR THE REMOVAL OF

WRECKS

Issued in accordance with the provisions of article 12 of the Nairobi

International Convention on the Removal of Wrecks, 2007

Name of

ship

Gross

tonnage

Distinctive

number or

letters

IMO Ship

Identification

Number

Port of

Registry

Name and full

address of the

principal place

of business of

the registered

owner

This is to certify that there is in force, in respect of the above-named ship, a

policy of insurance or other financial security satisfying the requirements of

article 12 of the Nairobi International Convention on the Removal of

Wrecks, 2007.

Type of security ……………………………………………………………

Duration of security ………………………………………………………..

Name and address of the insurer(s) and/or guarantor(s)

Name …………………………………………………………………………

Address………………………………………………………………………

……………………………………………………………………………….

This certificate is valid until ………………………………………

Issued or certified by the Government of ……………………

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……………………………………………………………………………

(Full designation of the State)

The following text should be used when a State Party avails itself of article

12, paragraph 3:

The present certificate is issued under the authority of the Government of

……………………………….. (full designation of the State) by

………………………......................... (name of institution or organization)

At…………………………………. On …………………………………….

(Place) (Date)

…………………………………………..

(Signature and Title of issuing or certifying official)

Explanatory Notes:

1 If desired, the designation of the State may include a reference to the

competent public authority of the country where the Certificate is issued.

2 If the total amount of security has been furnished by more than one

source, the amount of each of them should be indicated.

3 If security is furnished in several forms, these should be enumerated.

4 The entry “Duration of Security” must stipulate the date on which such

security takes effect.

5 The entry “Address” of the insurer(s) and/or guarantor(s) must indicate

the principal place of business of the insurer(s) and/or guarantor(s). If

appropriate, the place of business where the insurance or other security is

established shall be indicated.