Merchant Shipping (Masters and Seamen) Act 1979

c i e
AT 14 of 1979

MERCHANT SHIPPING (MASTERS AND

SEAMEN) ACT 1979

Merchant Shipping (Masters and Seamen) Act 1979 Index


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c i e
MERCHANT SHIPPING (MASTERS AND SEAMEN)

ACT 1979

Index Section Page

Engagement and discharge of crews 7

1 Crew agreements ............................................................................................................ 7
2 Discharge of seamen when ship ceases to be registered in the Island .................... 8
3 [Repealed] ........................................................................................................................ 9
Wages, etc 9

4 Payment of seamen’s wages .......................................................................................... 9
5 Account of seamen’s wages......................................................................................... 10
6 Power of superintendent or proper officer to decide disputes about wages
or indemnities arising from the ship’s loss or foundering ...................................... 11
7 Restriction on assignment of and charge upon wages ............................................ 12
8 Power of court to award interest on wages due otherwise than under crew
agreement ...................................................................................................................... 12
9 [Repealed] ...................................................................................................................... 13
10 Right of person named in allotment note to sue in own name .............................. 13
11 Right, or loss of right, to wages in certain circumstances ....................................... 13
12 Protection of certain rights and remedies ................................................................. 14
13 Claims against seaman’s wages for maintenance, etc, of dependants .................. 14
14 Remedies of master for remuneration, disbursements, etc .................................... 14
Safety, health and welfare 14

15 Crew accommodation .................................................................................................. 14
15A [Repealed] ...................................................................................................................... 15
16 [Repealed] ...................................................................................................................... 15
17 Complaints about provisions or water ...................................................................... 15
18 [Repealed] ...................................................................................................................... 15
19 Medical stores ................................................................................................................ 15
20 Medical treatment on board ship ............................................................................... 16
21 Expenses of medical treatment, etc, during voyage ................................................ 16
Offences by seamen, etc 16

22 Conduct endangering ships, structures or individuals ........................................... 16
Index Merchant Shipping (Masters and Seamen) Act 1979


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23 Drunkenness, etc of master of ship ............................................................................ 19
24 Continued or concerted disobedience, neglect of duty, etc ................................... 19
25 Offences committed by certain other persons .......................................................... 19
Defence of drug taken for medical purposes 19

26 Defence of drug taken for medical purposes ........................................................... 19
27 to 30 [Repealed] ............................................................................................................ 20
Civil liability for absence without leave, smuggling and fines imposed

under immigration laws 20

31 Civil liability for absence without leave .................................................................... 20
32 Civil liability for smuggling ........................................................................................ 20
33 Civil liability for fines imposed under immigration laws ...................................... 20
34 [Repealed] ...................................................................................................................... 21
34A Manning ......................................................................................................................... 21
35 False statements for purpose of obtaining certificates, etc ..................................... 22
36 Power to exempt from manning requirements ........................................................ 22
37 Prohibition of going to sea undermanned ................................................................ 22
38 Unqualified persons going to sea as qualified officers or seamen ........................ 22
39 Production of certificates and other documents of qualification .......................... 23
40 Crew’s knowledge of English ..................................................................................... 23
41 False statements for purposes of obtaining special certificates of
competency ................................................................................................................... 23
42 Restriction on employment of persons under eighteen on board ship ................ 23
Inquiries into fitness of conduct and deaths 24

43 Inquiry into fitness or conduct of officer .................................................................. 24
44 Failure to deliver cancelled or suspended certificate .............................................. 24
45 Inquiries into deaths of crew members and others ................................................. 24
Relief and repatriation of seamen left behind 26

46 Relief and return of seamen left behind, etc ............................................................. 26
47 Limit of employer’s liability under s 46 .................................................................... 26
48 Recovery of expenses incurred for relief and return, etc ........................................ 27
49 [Repealed] ...................................................................................................................... 27
50 Application of sections 46 to 48 to masters ............................................................... 27
Documentation, reports and returns 27

51 Official log books .......................................................................................................... 27
52 Lists of crew .................................................................................................................. 28
53 False statements for purpose of obtaining British seamen’s cards ........................ 28
54 Returns of births and deaths in ships, etc ................................................................. 28
55 Handing over of documents on change of master .................................................. 29
56 Admissibility in evidence and inspection of certain documents ........................... 29
56A Inspection and admissibility in evidence of copies of certain documents ........... 29
57 [Repealed] ...................................................................................................................... 30
58 Stowaways ..................................................................................................................... 30
59 Unauthorised presence on board ship ...................................................................... 30
60 Master’s power of arrest .............................................................................................. 31
Merchant Shipping (Masters and Seamen) Act 1979 Index


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Miscellaneous 31

61 Uniform .......................................................................................................................... 31
62 [Repealed] ...................................................................................................................... 31
63 Application to the Island of certain regulations and rules made under the
1970 Act .......................................................................................................................... 31
63A [Repealed] ...................................................................................................................... 32
64 Power to amend Act by order ..................................................................................... 32
64A Non-sea-going ships ..................................................................................................... 32
Legal proceedings 33

65 Proceedings for offences .............................................................................................. 33
66 Service of summons, etc ............................................................................................... 33
Fishing vessels 33

67 Fishing vessels ............................................................................................................... 33
Supplementary 34

68 Interpretation ................................................................................................................. 34
69 Expenses ......................................................................................................................... 36
70 Amendments ................................................................................................................. 36
71 Savings, transitional provisions and repeals ............................................................ 36
72 Short title and commencement ................................................................................... 36
SCHEDULE 1 37

CLAIMS AGAINST SEAMAN’S WAGES FOR MAINTENANCE 37
SCHEDULE 2 38

PROVISIONS OF ACTS OF PARLIAMENT REGULATIONS UNDER WHICH
MAY BE APPLIED TO THE ISLAND BY ORDERS UNDER SECTION 63 38
SCHEDULE 3 39

FISHING VESSELS 39
SCHEDULE 4 41

AMENDMENT OF CERTAIN ENACTMENTS 41
SCHEDULE 5 41

SAVINGS AND TRANSITIONAL PROVISIONS 41
SCHEDULE 6 41

ENDNOTES 43

TABLE OF LEGISLATION HISTORY 43
TABLE OF RENUMBERED PROVISIONS 43
TABLE OF ENDNOTE REFERENCES 43
Index Merchant Shipping (Masters and Seamen) Act 1979


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Merchant Shipping (Masters and Seamen) Act 1979 Section 1


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c i e
MERCHANT SHIPPING (MASTERS AND SEAMEN)

ACT 1979

Received Royal Assent: 30 March 1979
Passed: 15 May 1979
Commenced: See endnotes
AN ACT
to make better provision in the law relating to masters and seamen in
merchant ships, and for purposes connected therewith.
GENERAL NOTES:

1. The maximum fines in this Act are as increased by the Fines Act 1986 and by the
Criminal Justice (Penalties, Etc.) Act 1993 s 1.
2. References to a Board of Tynwald are to be construed in accordance with the
Government Departments Act 1987 s 7.
Engagement and discharge of crews
1 Crew agreements

[P1970/36/1]
(1) Except as provided under subsection (5), an agreement in writing shall
be made between each person employed as a seaman in a ship registered
in the Island and the persons employing him and shall be signed both by
him and by or on behalf of them.
(2) The agreements made under this section with the several persons
employed in a ship shall be contained in one document (in this Act
referred to as a “crew agreement
”) except that in such cases as the
Department of Economic Development (in this Act referred to as “the

Department
”) may approve —
(a) the agreements to be made under this section with the persons
employed in a ship may be contained in more than one crew
agreement; and
(b) one crew agreement may relate to more than one ship.1

Section 2 Merchant Shipping (Masters and Seamen) Act 1979


Page 8 AT 14 of 1979 c

(3) The provisions and form of a crew agreement must be of a kind
approved by the Department; and different provisions and forms may be
so approved for different circumstances.2

(4) Subject to the following provisions of this section, a crew agreement shall
be carried in the ship to which it relates whenever the ship goes to sea.
(5) Regulations may provide for exemptions from the requirements of this
section —
(a) with respect to such descriptions of ship as may be specified in
the regulations or with respect to voyages in such areas or such
description of voyages as may be so specified; or
(b) with respect to such descriptions of seamen as may be specified in
the regulations;
and the Department may grant other exemptions from those
requirements (whether with respect to particular seamen or with respect
to seamen employed by a specified person or in a specified ship or in the
ships of a specified person) in cases where the Department is satisfied
that the seamen to be employed otherwise than under a crew agreement
will be adequately protected.3

(6) Where, but for an exemption granted by the Department, a crew
agreement would be required to be carried in a ship or a crew agreement
carried in a ship would be required to contain an agreement with a
person employed in the ship, the ship shall carry such document
evidencing the exemption as the Department may direct.4

(7) Regulations may enable ships required under this section to carry a crew
agreement to comply with the requirement by carrying a copy thereof,
certified in such manner as may be provided by the regulations.
(8) If a ship goes to sea or attempts to go to sea in contravention of the
requirements of this section, the master or the person employing the
crew shall be guilty of an offence and shall be liable on summary
conviction to a fine not exceeding £5,000 and the ship, if in the Island,
may be detained.
2 Discharge of seamen when ship ceases to be registered in the Island

[P1970/36/5]
(1) Where a ship registered in the Island ceases to be so registered, any
seaman employed in the ship shall be discharged from the ship unless he
consents in writing to continue his employment in the ship; and
sections 4 to 6 shall apply in relation to his wages as if the ship had
remained registered in the Island.
(2) This section does not apply to a ship to which the Merchant Shipping
(Maritime Labour Convention) Regulations 2013 apply.5

Merchant Shipping (Masters and Seamen) Act 1979 Section 3


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3 [Repealed]
6

Wages, etc
4 Payment of seamen’s wages

(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 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 5 of this Act referred to as the time of
discharge), or
(b) be paid to him in accordance with subsections (3A) and (3B).7

(2) If the amount shown in the account delivered to a seaman under
section 5(1) as being the amount payable to him under paragraph (a) of
subsection (1) of this section is replaced by an increased amount shown
in a further account delivered to him under section 5(3), the balance shall
be paid to him within 7 days of the time of discharge; and if the amount
so shown in the account delivered to him under section 5(1) exceeds £50
and it is not practicable to pay the whole of it at the time of discharge,
not less than £50 nor less than one quarter of the amount so shown shall
be paid to him at that time and the balance within 7 days of that time.8

(3) If any amount which, under subsection (1)(a) or (2) of this section, is
payable to a seaman is not paid at the time at which it is so payable, the
seaman shall be entitled to wages at the rate last payable under the crew
agreement for every day on which it remains unpaid during the period
of 56 days following the time of discharge; and if any such amount or
any amount payable by virtue of this subsection remains unpaid after the
end of that period it shall carry interest at such rate as the Treasury may
by order prescribe, but no such order shall have effect until it has been
approved by Tynwald.9

(3A) Where the crew agreement referred to in subsection (1) provided 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 (3B), 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.10

(3B) 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 (3A), that amount shall be paid to him not
later than what would have been the last day of the pay cycle
Section 5 Merchant Shipping (Masters and Seamen) Act 1979


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immediately following that date if his employment under the crew
agreement had continued.11

(3C) If any amount which, under subsection (3A) or (3B), it 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.12

(4) The provisions of subsection (3) or (3C) 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 those provisions as relates to interest on the
amount due shall not apply if a court in proceedings for its recovery so
directs.13

(5) 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.
(6) Where a seaman, in pursuance of section 2, is discharged from a ship
outside the Island but returns to the Island 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
(3A) to the time of discharge there were substituted references to the
time of his return to the Island, and subsection (5) were omitted.14

(7) For the purposes of this section any amount of wages shall, if not paid to
a seaman in cash, be taken to have been paid to him —
(a) on the date when a cheque, or a money or postal order issued by
the Post Office, for that amount was despatched by the recorded
delivery service to the seaman’s last-known address, or
(b) on the date when any account kept by the seaman with a bank or
other institution was credited with that amount.15

5 Account of seamen’s wages

[P1970/36/8]
(1) Subject to subsections (3A) and (4) and to regulations, the master of
every ship registered in the Island 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.16

(2) The account shall indicate that the amounts stated therein are subject to
any later adjustment that may be found necessary and shall be delivered
not later than 24 hours before the time of discharge or, if the seaman is
Merchant Shipping (Masters and Seamen) Act 1979 Section 6


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discharged without notice or at less than 24 hours’ notice, at the time of
discharge.
(3) If the amounts stated in the account require adjustment, the persons who
employed the seaman shall deliver to him a further account stating the
adjusted amounts; and that account shall be delivered not later than the
time at which the balance of his wages is payable to the seaman.
(3A) Where subsection (3A) or (3B) of section 4 applies to the payment of any
amount of wages due to a seaman under a crew agreement —
(a) the persons who employed the seaman shall deliver to him an
account of the wages payable to him under that subsection and of
the deductions subject to which the wages are payable; and
(b) any such account shall be so delivered at the time when the wages
are paid to him; and
(c) subsection (1) to (3) of this section shall not apply;
and subsection (7) of section 4 shall apply for the purpose of this
subsection as it applies for the purposes of that section.17

(4) 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.
(5) If a person fails without reasonable cause to comply with the preceding
provisions of this section, he shall be guilty of an offence and shall be
liable on summary conviction to a fine not exceeding £1,000.
6 Power of superintendent or proper officer to decide disputes about

wages or indemnities arising from the ship’s loss or foundering
18

[P1970/36/10]
(1) Any dispute relating to the amount payable —
(a) to a seaman employed under a crew agreement;
(b) to a seafarer employed under a Seafarer’s Employment
Agreement —
(i) in respect of remuneration; or
(ii) in respect of indemnities in the case of injury, loss or
employment arising from the ship’s loss or foundering,
may be submitted by the parties to a superintendent or proper officer for
decision.
But the superintendent or proper officer shall not be bound to accept the
submission or, if he or she has accepted it, to decide the dispute, if of the
Section 7 Merchant Shipping (Masters and Seamen) Act 1979


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opinion that the dispute, whether by reason of the amount involved or
for any other reason, ought not to be decided in that way.19

(2) The decision of a superintendent or proper officer on a dispute submitted
to him under this section shall be final.
7 Restriction on assignment of and charge upon wages

[P1970/36/11]
(1) Subject to subsections (2) and (3), the following provisions shall have
effect with respect to the wages due or accruing to a seaman employed in
a ship registered in the Island, that is to say —
(a) except in relation to a maintenance order, the wages shall not be
subject to attachment or arrestment;20

(b) an assignment thereof before they have accrued shall not bind the
seaman and the payment of the wages to the seaman shall be
valid notwithstanding any previous assignment or charge; and
(c) a power of attorney or authority for the receipt of the wages shall
not be irrevocable.
(2) Nothing in this section shall affect the provisions of this Act with respect
to allotment notes.
(3) Nothing in the section applies to any disposition relating to the
application of wages —
(a) in the payment of contributions to a fund declared by regulations
to be a fund to which this section applies; or
(b) in the payment of contributions in respect of the membership of a
body declared by regulations to be a body to which this section
applies,
or to anything done or to be done for giving effect to such a disposition.
(4) In this section, “maintenance order” has the meaning assigned to it by
section 12 (1) of the Maintenance Orders (Attachment of Earnings) Act
1962.21

8 Power of court to award interest on wages due otherwise than under

crew agreement

[P1970/36/12]
In any proceedings by the master of a ship or a person employed in a ship
otherwise than under a crew agreement or Seafarer’s Employment Agreement
for the recovery of any sum due to him as wages, the court, unless it appears to
it that the delay in paying the sum was due to a mistake, to a reasonable dispute
as to liability or to the act or default of the person claiming the amount or to any
other cause, not being the wrongful act or default of the persons liable to make
the payment or their servants or agents, may order them to pay, in addition to
Merchant Shipping (Masters and Seamen) Act 1979 Section 9


c AT 14 of 1979 Page 13

the sum due, interest on it at such rate as the court may specify, for the period
beginning 7 days after the sum became due and ending when the sum is paid.22

9 [Repealed]
23

10 Right of person named in allotment note to sue in own name

[P1970/36/14]
(1) A person to whom any part of a seafarer’s wage has been allotted in
accordance with the Merchant Shipping (Maritime Labour Convention)
Regulations 2013 shall have the right to recover that part in his own
name and for that purpose shall have the same remedies as the seaman
has for the recovery of his wages.24

(2) In any proceedings brought by a person to whom any part of a seaman’s
wages has been allotted, it shall be presumed, unless the contrary is
shown, that the seaman is entitled to the wages specified in the note and
that the allotment has not been varied or cancelled.25

11 Right, or loss of right, to wages in certain circumstances

[P1970/36/15]
(1) Where a ship registered in the Island is wrecked or lost, a seaman whose
employment in the ship is thereby terminated before the date
contemplated in the agreement under which he is so employed shall,
subject to the following provisions of this section, be entitled to wages at
the rate payable under the agreement at the date of the wreck or loss for
every day on which he is unemployed in the 2 months following that
date.26

(2) Where a ship registered in the Island is sold while outside the Island or
ceases to be so registered and a seaman’s employment in the ship is
thereby terminated before the date contemplated in the agreement under
which he is so employed, then, unless it is otherwise provided in the
agreement, he shall, subject to the following provisions of this section, be
entitled to wages at the rate payable under the agreement at the date on
which his employment is terminated for every day on which he
unemployed in the 2 months following that date.
(3) A seaman shall not be entitled to wages by virtue of subsection (1) or
subsection (2) for a day on which he was unemployed, if it is shown —
(a) that the unemployment was not due to the wreck or loss of the
ship or, as the case may be, the termination of his employment on
the sale of the ship or its ceasing to be registered in the Island; or
(b) that the seaman was able to obtain suitable employment for that
day but unreasonably refused or failed to take it.
(4) This section shall apply to a master as it applies to a seaman.27

Section 12 Merchant Shipping (Masters and Seamen) Act 1979


Page 14 AT 14 of 1979 c

(5) This section does not apply to a ship to which the Merchant Shipping
(Maritime Labour Convention) Regulations 2013 apply.28

12 Protection of certain rights and remedies

[P1970/36/16]
(1) A seaman’s lien, his remedies for the recovery of his wages, his right to
wages in cases of the wreck or loss of his ship and any right he may have
or obtain in the nature of salvage shall not be capable of being renounced
by any agreement.
(2) Subsection (1) does not affect such of the terms of any agreement made
with the seamen belonging to a ship which, in accordance with the
agreement, is to be employed on salvage service as provide for the
remuneration to be paid to them for salvage services rendered by that
ship.
13 Claims against seaman’s wages for maintenance, etc, of dependants

Schedule 1 shall have effect in relation to claims against a seaman’s wages for
the maintenance of his dependants and to the other matters mentioned in that
Schedule.
14 Remedies of master for remuneration, disbursements, etc

[P1970/36/18]
The master of a ship shall have the same lien for his remuneration, and all
disbursements or liabilities properly made or incurred by him on account of the
ship, as a seaman has for his wages.
Safety, health and welfare29

15 Crew accommodation

[P1970/36/20(6)]
If the provisions of any regulations made under section 20 of the 1970 Act and
having effect in the Island by virtue of an order made under section 63 of this
Act are contravened in the case of a ship, the owner or master shall be guilty of
an offence and shall be liable on summary conviction to a fine not exceeding
£5,000, and the ship, if in the Island, may be detained.
Merchant Shipping (Masters and Seamen) Act 1979 Section 16


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15A [Repealed]
30

16 [Repealed]
31

17 Complaints about provisions or water

[P1970/36/22]
(1) If 3 or more seamen employed in a ship registered in the Island consider
that the provisions or water provided for the seamen employed in that
ship are not in accordance with safety regulations made under sections 1
and 2 of the Merchant Shipping Act 1985 containing requirements as to the
provisions and water to be provided on ships (whether because of bad
quality, unfitness for use or deficiency in quantity), they may complain
to the master, who shall investigate the complaint.32

(2) If the seamen are dissatisfied with the action taken by the master as a
result of his investigation or by his failure to take any action, they may
state their dissatisfaction to him and may claim to complain to a
superintendent or proper officer and thereupon the master shall make
adequate arrangements to enable the seamen to do so as soon as the
service of the ship permits.
(3) The superintendent or proper officer to whom a complaint has been
made under this section shall investigate the complaint and may
examine the provisions or water or cause them to be examined.
(4) If the master fails without reasonable cause to comply with the
provisions of subsection (2), he shall be guilty of an offence and shall be
liable on summary conviction to a fine not exceeding £1,000, and if he
has been notified in writing by the person making an examination under
subsection (3) that any provisions or water are found to be unfit for use
or not of the quality required by the regulations, then, —
(a) if they are not replaced within a reasonable time, the master or
owner shall be guilty of an offence and shall be liable on summary
conviction to a fine not exceeding £5,000 unless he proves that the
failure to replace them was not due to his neglect or default; and
(b) if the master without reasonable cause permits them to be used,
he shall be guilty of an offence and shall be liable on summary
conviction to a fine not exceeding £5,000.
18 [Repealed]
33

19 Medical stores

[P1970/36/24 (2) and (3)]
(1) If a ship goes to sea or attempts to go to sea without carrying the medical
stores which it is required to carry by regulations, the master or owner
Section 20 Merchant Shipping (Masters and Seamen) Act 1979


Page 16 AT 14 of 1979 c

shall be guilty of an offence and shall be liable on summary conviction to
a fine not exceeding £5,000 unless he proves that the failure to carry the
stores was not due to his neglect or default.
(2) If a person empowered under this Act to inspect the medical stores
carried in a ship is not satisfied that the ship carries the stores which it is
required to carry by regulations under this section as they have effect in
the Island by virtue of an order made under section 63 of this Act, the
ship, if in the Island, may be detained.
20 Medical treatment on board ship

[P1970/36/25]
(1) Where a ship registered in the Island does not carry a doctor among the
seamen employed in it, the master shall make arrangements for securing
that any medical attention on board the ship is given either by him or
under his supervision by a person appointed by him for the purpose.
(2) This section does not apply to a ship to which the Merchant Shipping
(Maritime Labour Convention) Regulations 2013 apply.34

21 Expenses of medical treatment, etc, during voyage

[P1970/36/26]
(1) If a person, while employed in a ship registered in the Island, receives
outside the Island any surgical or medical treatment or such dental or
optical treatment (including the repair or replacement of any appliance)
as cannot be postponed without impairing efficiency, the reasonable
expenses thereof shall be borne by the persons employing him; and if he
dies while so employed and is buried or cremated outside the Island, the
expenses of his burial or cremation shall also be borne by those persons.
(2) This section does not apply to a ship to which the Merchant Shipping
(Maritime Labour Convention) Regulations 2013 apply.35

Offences by seamen, etc
22 Conduct endangering ships, structures or individuals

(1) This section applies —
(a) to the master of, or any seaman employed in, a ship registered in
the Island; and
(b) to the master of, or any seaman employed in, a ship which —
(i) is registered under the law of any country outside the
Island; and
(ii) is in a port in the Island or within the seaward limits of the
territorial sea of the Island while proceeding to or from any
such port.
Merchant Shipping (Masters and Seamen) Act 1979 Section 22


c AT 14 of 1979 Page 17

(2) If a person to whom this section applies, while on board his ship or in its
immediate vicinity —
(a) does any act which causes or is likely to cause —
(i) the loss or destruction of or serious damage to his ship or
its machinery, navigational equipment or safety
equipment, 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
(ii) to preserve any person on board his ship from death or
serious injury, or
(iii) to prevent his ship from causing the loss or destruction of
or serious damage to any other ship or any structure, or the
death of or serious injury to any person not on board his
ship,
and either of the conditions specified in subsection (3) is satisfied with
respect to that act or omission, he shall (subject to subsections (6) and (7))
be guilty of an offence.
(3) Those conditions are —
(a) that the act or omission was deliberate or amounted to a breach or
neglect of duty;
(b) that the master or seaman in question was under the influence of
drink or a drug at the time of the act or omission.
(4) If a person to whom this section applies —
(a) discharges any of his duties, or performs any other function in
relation to the operation of his ship or its machinery or
equipment, in such a manner as to cause, or to be likely to cause,
any such loss, destruction, death or injury as is mentioned in
subsection (2)(a); or
(b) fails to discharge any of his duties, or to perform any such
function, properly to such an extent as to cause, or to be likely to
cause, any of those things,
he shall (subject to subsections (6) and (7)) be guilty of an offence.
(5) A person guilty of an offence under this section shall be liable —
(a) on summary conviction, to a fine not exceeding £5,000;
(b) on conviction on information, to custody for a term not exceeding
2 years or a fine, or both
Section 22 Merchant Shipping (Masters and Seamen) Act 1979


Page 18 AT 14 of 1979 c

(6) In proceedings for an offence under this section it shall be a defence
to prove —
(a) in the case of an offence under subsection (2) where the act or
omission alleged against the accused constituted a breach or
neglect of duty, that he took all reasonable steps to discharge that
duty;
(b) in the case of an offence under subsection (2), that at the time of
the act or omission alleged against the accused he was under the
influence of a drug taken by him for medical purposes and either
that he took it on medical advice and complied with any
directions given as part of that advice or that he had no reason to
believe that the drug might have the influence it had;
(c) in the case of an offence under subsection (4), that the accused
took all reasonable precautions and exercised all due diligence to
avoid committing the offence; or
(d) in the case of an offence under either of those subsections —
(i) that he could have avoided committing the offence only by
disobeying a lawful command, or
(ii) that in all the circumstances the loss, destruction, damage,
death or injury in question, or (as the case may be) the
likelihood of its being caused, either could not reasonably
have been foreseen by the 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
(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.36

Merchant Shipping (Masters and Seamen) Act 1979 Section 23


c AT 14 of 1979 Page 19

23 Drunkenness, etc of master of ship

If the master of or a seaman employed or engaged in a fishing vessel registered
in the Island is, while on board the vessel, under the influence of drink or a drug
to such extent that his capacity to fulfil his responsibility for the vessel or, as the
case may be, carry out the duties of his employment or engagement is impaired,
he shall be guilty of an offence and shall be liable on summary conviction to a
fine not exceeding £2,500.37

24 Continued or concerted disobedience, neglect of duty, etc

[P1970/36/30; P1974/43/19(4)]
(1) If a seaman employed in a ship registered in the Island —
(a) and (b) [Repealed]38

(c) combines with other seamen employed in that ship —
(i) to disobey lawful commands which are required to be
obeyed at a time while the ship is at sea; or
(ii) to neglect any duty which is required to be discharged at
such a time; or
(iii) to impede, at such a time, the progress of the voyage or the
navigation of the ship,
he shall be guilty of an offence and shall be liable on summary conviction
to a fine not exceeding £5,000.
(2) For the purposes of this section, a ship shall be treated as being at sea at
any time when it is not securely moored in a safe berth.
25 Offences committed by certain other persons

[P1970/36/32; P1974/43/19(6)]
Where a person goes to sea in a ship without the consent of the master or of any
other person authorised to give it or is conveyed in a ship in pursuance of
regulations made under section 73(5)(b) of the 1995 Act and having effect in the
Island by virtue of an order made under section 63 of this Act, sections 22 and
24(c) shall apply as if he were a seaman employed in the ship.39

Defence of drug taken for medical purposes
26 Defence of drug taken for medical purposes

[P1970/36/33]
In proceedings for an offence under section 22(2) or 23, it shall be a defence to
prove that at the time of the act or omission alleged against the defendant he
was under the influence of a drug taken by him for medical purposes and either
that he took it on medical advice and complied with any directions given as part
Section 31 Merchant Shipping (Masters and Seamen) Act 1979


Page 20 AT 14 of 1979 c

of that advice or that he had no reason to believe that the drug might have the
influence it had.40

27 to 30 [Repealed]
41

Civil liability for absence without leave, smuggling and fines imposed under
immigration laws
31 Civil liability for absence without leave

[P1970/36/39 (1)-(3)]
(1) The following provisions of this section shall apply with respect to the
liability of a seaman employed in a ship registered in the Island to
damages for being absent from his ship at a time when he is required
under his contract of employment to be on board.
(2) If he proves that his absence was due to an accident or mistake or some
other cause beyond his control and that he took all reasonable
precautions to avoid being absent, his absence shall not be treated as a
breach of contract.
(3) Where subsection (2) does not apply, then —
(a) if no special damages are claimed, his liability shall be £50;
(b) if special damages are claimed, his liability shall not be more than
£400.
32 Civil liability for smuggling

[P1970/36/40]
If a seaman employed in a ship registered in the Island is found in civil
proceedings before a court in the Island to have committed an act of smuggling,
whether within or outside the Island, he shall be liable to make good any loss or
expense that the act has caused to any other person.
33 Civil liability for fines imposed under immigration laws

[P1970/36/41]
(1) The following provisions of this section shall apply where, at a time
when a ship registered in the Island is in the national or territorial waters
of any country outside the Island, a seaman employed in the ship is
absent without leave and present in that country in contravention of that
country’s laws.
(2) If, by reason of the contravention, a penalty is incurred under those laws
by the persons employing the seaman, the penalty shall be treated as
being attributable to his absence without leave and may, subject to the
provisions of section 31, be recovered from him as special damages for
breach of contract.
Merchant Shipping (Masters and Seamen) Act 1979 Section 34


c AT 14 of 1979 Page 21

(3) If, by reason of the contravention, a penalty is incurred under those laws
by any other person, the amount thereof, or, if that amount exceeds £400,
£400 may be recovered by him from the seaman.
34 [Repealed]
42

Manning and certification
34A Manning

(1) Subject to subsection (2), the Department may make regulations with
respect to the manning of ships registered in the Island and, but without
prejudice to the generality of that power, such regulations may include
provisions —
(a) requiring ships to carry such number of qualified officers of any
description, qualified doctors and qualified cooks and such
number of other seamen or qualified seamen of any description as
may be specified in the regulations;
(b) prescribing or enabling the Department to specify standards of
competence to be attained and other conditions to be satisfied
(subject to any exceptions allowed by or under the regulations) by
officers and other seamen of any description in order to be
qualified for the purposes of this section;
(c) regulating the hours of employment of masters and seamen
employed in ships.
(2) The Department shall not exercise its power to make regulations
requiring ships to carry seamen other than doctors and cooks except to
the extent that it appears to it necessary or expedient in the interests of
safety.
(3) Without prejudice to the generality of subsection (1)(b), the conditions
prescribed or specified under that subsection may include conditions as
to nationality, and regulations made for the purposes of that paragraph
may make provision, or enable the Department to make provision, for —
(a) the manner in which the attainment of any standard or the
satisfaction of any other condition is to be evidenced;
(b) the conduct of any examinations, the conditions for admission to
them and the appointment and remuneration of examiners; and
(c) the issue, form and recording of certificates and other documents.
(4) No regulations under this section shall come into operation unless they
have been approved by Tynwald.
(5) Any reference in this Act to regulations made under section 43 of the
1970 Act and having effect in the Island by virtue of an order under
section 63 of this Act shall be treated as including a reference to
regulations made under this section.43

Section 35 Merchant Shipping (Masters and Seamen) Act 1979


Page 22 AT 14 of 1979 c

35 False statements for purpose of obtaining certificates, etc

[P1970/36/43 (5)]
If a person makes a statement which he knows to be false or recklessly makes a
statement which is false in a material particular for the purpose of obtaining for
himself or another person a certificate or other document which may be issued
pursuant to regulations made under sections 1 and 2 of the Merchant Shipping
Act 1985 ,section 43 of the 1970 Act and having effect in the Island by virtue of
an order made under section 63 of this Act or regulations made under
section 34A of this Act, he shall be guilty of an offence and shall be liable on
summary conviction to a fine not exceeding £5,000.44

36 Power to exempt from manning requirements

[P1970/36/44]
(1) The Department may exempt any ship or description of ship from any
requirements of regulations made under section 43 of the 1970 Act and
having effect in the Island by virtue of an order made under section 63 of
this Act or regulations made under section 34A of this Act.45

(2) An exemption given under this section may be confined to a particular
period or to one or more particular voyages.
37 Prohibition of going to sea undermanned

[P1970/36/45]
Subject to section 36, if a ship to which this section applies goes to sea or
attempts to go to sea without carrying such officers and other seamen as it is
required to carry pursuant to regulations made under section 34A of this Act, or
made under section 43 of the 1970 Act and having effect in the Island by virtue
of an order made under section 63 of this Act, the owner or master shall be
guilty of an offence and shall be liable on summary conviction to a fine not
exceeding £5,000, and the ship, if in the Island, may be detained.46

38 Unqualified persons going to sea as qualified officers or seamen

[P1970/36/46]
(1) If a person goes to sea as a qualified officer or seaman of any description
without being such a qualified officer or seaman, he shall be guilty of an
offence and shall be liable on summary conviction to a fine not exceeding
£5,000.
(2) In this section, “qualified” means qualified pursuant to regulations made
under section 34A of this Act, or made under section 43 of the 1970 Act
and having effect in the Island by virtue of an order made under
section 63 of this Act.47

Merchant Shipping (Masters and Seamen) Act 1979 Section 39


c AT 14 of 1979 Page 23

39 Production of certificates and other documents of qualification

[P1970/36/47]
Any person serving or engaged to serve in any ship registered in the Island and
holding any certificate or other document which is evidence that he is qualified
pursuant to regulations made under sections 1 and 2 of the Merchant Shipping
Act 1985, section 34A of this Act, or made under section 43 of the 1970 Act and
having effect in the Island by virtue of an order made under section 63 of this
Act, shall, on demand, produce it to any superintendent, surveyor or proper
officer and (if he is not himself the master) to the master of the ship, and if he
fails to do so without reasonable cause he shall be guilty of an offence and shall
be liable on summary conviction to a fine not exceeding £1,000.48

40 Crew’s knowledge of English

[P1970/36/48]
(1) Where in the opinion of a superintendent or proper officer the crew of a
ship to which this section applies consists of or includes persons who
may not understand orders given to them in the course of their duty
because of their insufficient knowledge of English and the absence of
adequate arrangements for transmitting the orders in a language of
which they have sufficient knowledge, then —
(a) if the superintendent or proper officer has informed the master of
that opinion the ship shall not go to sea; and
(b) if the ship is in the Island it may be detained.
(2) If a ship goes to sea or attempts to go to sea in contravention of this
section, the owner or master shall be guilty of an offence and shall be
liable on summary conviction to a fine not exceeding £5,000.
41 False statements for purposes of obtaining special certificates of

competency

[P1970/36/50(2)]
If a person makes a statement which he knows to be false or recklessly makes a
statement which is false in a material particular for the purpose of obtaining for
himself or another person a document which may be issued under section 54 of
the 1995 Act, he shall be guilty of an offence and shall be liable on summary
conviction to a fine not exceeding £5,000.49

42 Restriction on employment of persons under eighteen on board ship

[P1970/36/51 (1) and (4)]
(1) A person under 18 years shall not be employed in any ship registered in
the Island unless he would be permitted to be employed in that ship if he
had entered into an agreement in England to be employed in that ship if
it were a ship registered in the United Kingdom.
Section 43 Merchant Shipping (Masters and Seamen) Act 1979


Page 24 AT 14 of 1979 c

(2) If any person is employed in a ship in contravention of subsection (1), or
of any condition subject to which a person may be employed in a ship
registered in the United Kingdom pursuant to regulations made under
section 55 of the 1995 Act and having effect in the Island by virtue of an
order made under section 63 of this Act, the owner or master shall be
guilty of an offence and shall be liable on summary conviction to a fine
not exceeding £1,000.50

Inquiries into fitness of conduct and deaths
43 Inquiry into fitness or conduct of officer

If it appears to the Department that an officer or seaman —
(a) is unfit to discharge his duties, whether by reason of
incompetence or misconduct or for any other reason; or
(b) has been seriously negligent in the discharge of his duties; or
(c) has failed to comply with the provisions of section 92 of the 1995
Act (as that section has effect in the Island) (duty to give
assistance and information after collision),51

the Department may cause an inquiry to be held by a person appointed by it
and, if the person holding the inquiry is satisfied of any of the matters
mentioned in paragraphs (a) to (c), the Department shall cause a copy of the
report of the person holding the inquiry to be submitted to the issuing authority
of the certificate of competency held by the officer or seaman together with the
recommendation of the Department as to the cancellation or suspension of any
certificate of competency held by, or as to the censure of, the officer or seaman.52

44 Failure to deliver cancelled or suspended certificate

[P1970/36/59]
If a person in the Island fails to deliver a certificate as required under section 61
of the 1995 Act, he shall be guilty of an offence and shall be liable on summary
conviction to a fine not exceeding £1,000; and, if a person in the Island fails to
deliver a certificate as required under section 62 or 63 of the 1995 Act, he shall
be guilty of an offence and shall be liable on summary conviction to a fine not
exceeding £500.53

45 Inquiries into deaths of crew members and others

[P1970/36/61]
(1) Subject to subsection (4), where —
(a) any person dies in a ship registered in the Island, or in a boat or
life-raft from such a ship; or54

(b) the master of or a seaman employed in such a ship dies in a
country outside the Island,
Merchant Shipping (Masters and Seamen) Act 1979 Section 45


c AT 14 of 1979 Page 25

an inquiry into the cause of the death shall be held by a superintendent
or proper officer at the next port where the ship calls after the death and
where there is a superintendent or proper officer, or at such other place
as the Department may direct.
(1A) Subject to subsection (4), where it appears to the Department that —
(a) in consequence of an injury sustained or a disease contracted by a
person, when he was the master of or a seaman employed in a
ship registered in the Island, he ceased to be employed in the ship
and subsequently died; and
(b) the death occurred in a country outside the Island during the
period of one year beginning with the day when he so ceased,
the Department may arrange for an inquiry into the cause of the death to
be held by a superintendent or proper officer.55

(1B) Subject to subsection (4), where it appears to the Department that a
person may —
(a) have died in a ship registered in the Island or in a boat or life-raft
from such a ship; or
(b) have been lost from such a ship, boat or life-raft and have died in
consequence of having been so lost,
the Department may arrange for an inquiry to be held by a
superintendent or proper officer into whether the person died as
aforesaid and, if the superintendent or officer finds that he did, into the
cause of the death.56

(2) The superintendent or proper officer holding the inquiry shall for the
purpose of the inquiry have the powers conferred on an inspector by
section 3 of the Merchant Shipping Act 1985.57

(3) The person holding the inquiry shall make a report of his findings to the
Department, and the Department shall make a copy of the report
available —
(a) if the person to whom the report relates was employed in the ship
and a person was named as his next of kin in the crew agreement
or list of the crew in which the name of the person to whom the
report relates last appeared, to the person so named;58

(b) in any case, to any person requesting it who appears to the
Department to be interested.59

(4) No inquiry shall be held under this section in a case where —
(a) a coroner’s inquest is to be held in the Island; or
(b) a coroner’s inquest is to be held in England, Wales or Northern
Ireland; or
Section 46 Merchant Shipping (Masters and Seamen) Act 1979


Page 26 AT 14 of 1979 c

(c) an inquiry is to be held in Scotland under the Fatal Accidents and
Sudden Deaths Inquiry (Scotland) Act 1976 (an Act of
Parliament); or
(d) the Department is satisfied on reasonable grounds that an inquiry
is unnecessary.60

Relief and repatriation of seamen left behind
46 Relief and return of seamen left behind, etc

[1970/36/62(1), (2) and (7)]
(1) Where —
(a) a person employed as a seaman in a ship registered in the Island
is left behind in any country outside the Island or is taken to such
a country on being shipwrecked; or
(b) a person who became so employed under an agreement entered
into outside the Island is left behind in the Island or is taken to the
Island on being shipwrecked,
the persons who last employed him as a seaman shall make such
provision for his return and for his relief and maintenance until his
return and such other provisions as may be required by regulations.
(2) The provisions to be so made may include the repayment of expenses
incurred in bringing a shipwrecked seaman ashore and maintaining him
until he is brought ashore and the payment of the expenses of the burial
or cremation of a seaman who dies before he can be returned.
(3) This section applies to a person left behind on being discharged in
pursuance of section 2, whether or not at the time he is left behind the
ship is still registered in the Island.
(4) This section does not apply to a ship to which the Merchant Shipping
(Maritime Labour Convention) Regulations 2013 apply.61

47 Limit of employer’s liability under s 46

[P1970/36/63]
(1) Where a person left behind in or taken to any country as mentioned in
section 46(1) remains there after the end of a period of 3 months, the
persons who last employed him as a seaman shall not be liable under the
said section 46 to make provision for his return or for any matter arising
after the end of that period, unless they have before the end of that
period been under an obligation imposed on them by regulations to
make provision with respect to him.
(2) This section does not apply to a ship to which the Merchant Shipping
(Maritime Labour Convention) Regulations 2013 apply.62

Merchant Shipping (Masters and Seamen) Act 1979 Section 48


c AT 14 of 1979 Page 27

48 Recovery of expenses incurred for relief and return, etc

[P1970/36/64]
(1) Where any expenses are incurred in respect of any matter for which the
employers of a seaman are required to make provision under section 46,
then —
(a) if the expenses are incurred by the Department, or are incurred by
the government of any country outside the Island and repaid to
them on behalf of the Department, the Department may recover
them from the employers;63

(b) if the expenses are incurred by the seaman, he may recover them
from the employers unless they prove either that under the terms
of his employment they were to be borne by him or that he would
not have been left behind but for his own wrongful act or neglect.
(2) Where, in the case of any seaman, expenses are incurred by the
Department or are incurred by the government of any country outside
the Island and repaid to it on behalf of the Department —
(a) in respect of any matter for which, but for section 47, the seaman’s
last employers would have been required to make provision
under section 46; or
(b) in respect of any matter for which provision is required to be
made under section 73(4)(b) of the 1995 Act,64

the Department may recover them from the seaman (or, if he has died,
from his personal representatives).65

49 [Repealed]
66

Application of sections 46 to 48 to masters
50 Application of sections 46 to 48 to masters

[P1970/36/67]
In sections 46 to 48, “seaman
” (notwithstanding the definition in section 742 of
the 1894 Act) includes the master of a ship.67

Documentation, reports and returns
51 Official log books

[P1970/36/68 (1) and 6]
(1) Except as provided by regulations, an official log book in a form
approved by the Department shall be kept in every ship registered in the
Island.68

Section 52 Merchant Shipping (Masters and Seamen) Act 1979


Page 28 AT 14 of 1979 c

(2) If a person wilfully destroys or mutilates or renders illegible any entry in
an official log book, he shall be guilty of an offence and shall be liable on
summary conviction to a fine not exceeding £5,000.
52 Lists of crew

[P1970/36/69 (1)]
Except as provided by regulations, the master of every ship registered in the
Island shall make and maintain a list of the crew containing such particulars as
may be required by the regulations.
53 False statements for purpose of obtaining British seamen’s cards

[P1970/36/70 (4)]
If a person makes a statement which he knows to be false or recklessly makes a
statement which is false in a material particular for the purpose of obtaining for
himself or another person a British seaman’s card, he shall be guilty of an
offence and shall be liable on summary conviction to a fine not exceeding
£5,000.
54 Returns of births and deaths in ships, etc

[P1970/36/72 (3)]
(1) If a certified copy of a return of any birth or death is sent to the
appropriate Registrar-General of births, marriages and deaths pursuant
to regulations made under section 108 of the 1995 Act and having effect
in the Island by virtue of an order made under section 63 of this Act, he
shall record the information contained therein in a register kept by him
for the purpose and to be called the marine register, and may also record
in that register such additional information as appears to him desirable
for the purpose of ensuring the completeness and correctness of the
register; and the enactments relating to the registration of births and
deaths shall have effect as if the marine register were a register of births
(other than still-births) or deaths or certified copies of entries in such a
register and had been transmitted to the Registrar-General in accordance
with those enactments.69

(2) Where —
(a) an inquest is held on a dead body or touching a death or a post-
mortem examination is made of a dead body as a result of which
the coroner of inquests is satisfied that an inquest is unnecessary;
and
(b) it appears to the coroner of inquests, that the death in question is
such as is mentioned in section 108(2) of the 1995 Act or in that
paragraph as extended (with or without amendments) by virtue
of regulations made under section 307 of the 1995 Act, being
Merchant Shipping (Masters and Seamen) Act 1979 Section 55


c AT 14 of 1979 Page 29

regulations having effect in the Island by virtue of an order made
under section 63 of this Act,70

it shall be the duty of the coroner of inquests to send to the Registrar General of
Shipping and Seamen and the Department particulars in respect of the deceased
of a kind prescribed by regulations made by the Secretary of State, being
regulations having effect in the Island by virtue of an order made under
section 63 of this Act.71

55 Handing over of documents on change of master

[P1970/36/74]
If a person ceases to be the master of a ship registered in the Island during a
voyage of the ship, he shall deliver to his successor the documents relating to
the ship or its crew which are in his custody; and, if he fails without reasonable
cause to do so, he shall be guilty of an offence and shall be liable on summary
conviction to a fine not exceeding £5,000.
56 Admissibility in evidence and inspection of certain documents

[P1970/36/75]
(1) The following documents shall be admissible in evidence, that is to
say, —
(a) crew agreements, Seafarers’ Employment Agreements, lists of
crew made under section 52 and notices given under regulations
of additions to or changes in crew agreements and lists of crews;72

(b) the official log book of any ship kept under section 51 and,
without prejudice to section 288 of the 1995 Act as it has effect in
the Island, any document purporting to be a copy of an entry
therein and to be certified as a true copy by the master of the
ship;73

(c) documents purporting to be submissions to or decisions by
superintendents or proper officers under section 6;
(d) returns or reports under section 54 or under regulations made
under sections 1, 2 and 2B of the Merchant Shipping Act 1985.74

(2) A certificate recognised for the purposes of regulations made under
section 34A of this Act shall be admissible in evidence.75

56A Inspection and admissibility in evidence of copies of certain

documents

(1) Where any document to which section 56(1) applies is in the custody of
the Department —
(a) there may be supplied for public inspection a copy or other
reproduction of the document instead of the original; but
Section 57 Merchant Shipping (Masters and Seamen) Act 1979


Page 30 AT 14 of 1979 c

(b) the original shall nevertheless be made available for public
inspection if the copy or other reproduction is illegible.
(2) Where the Department keeps a copy or other reproduction of a
document, which has been sent to it by virtue of any enactment, then —
(a) any enactment providing for the document to be admissible in
evidence or open to public inspections, and
(b) in the case of a document falling within subsection (1), that
subsection,
shall apply to the copy or other reproduction as if it were the original.
(3) For the purposes of this section, a copy is to be taken to be the copy of a
document notwithstanding that it is taken from a copy or other
reproduction of the original.76

57 [Repealed]
77

58 Stowaways

[P1970/36/77]
(1) If a person, without the consent of the master or of any other person
authorised to give it, goes to sea or attempts to go to sea in a ship
registered in the Island, he shall be guilty of an offence and liable on
summary conviction to imprisonment for a period not exceeding 3
months or to a fine not exceeding £5,000, or to both.
(2) Nothing in section 281 of the 1995 Act as it has effect in the Island shall
be taken to limit the jurisdiction of any court in the Island to deal with an
offence under this section which has been committed in a country
outside the Island by a person who is not a British subject.78

59 Unauthorised presence on board ship

[P1970/36/78]
Where a ship registered in the Island or any other country is in a port in the
Island and a person who is not in Her Majesty’s service, or in the service of the
Government, or is authorised by any statutory provision to do so —
(a) goes on board the ship without the consent of the master or of any
other person authorised to give it; or
(b) remains on board the ship after being requested to leave by the
master, a constable or an officer of the Department or of customs
and excise,79

he shall be guilty of an offence and shall be liable on summary conviction to a
fine not exceeding £1,000.
Merchant Shipping (Masters and Seamen) Act 1979 Section 60


c AT 14 of 1979 Page 31

60 Master’s power of arrest

[P1970/36/79]
The master of any ship registered in the Island may cause any person on board
the ship to be put under restraint if and for so long as it appears to him
necessary or expedient in the interest of safety or for the preservation of good
order or discipline on board the ship.
Miscellaneous
61 Uniform

(1) Subject to subsection (3), if any person, not being entitled to wear the
merchant navy uniform, wears that uniform or any part thereof, or any
dress having the appearance or bearing any of the distinctive marks of
that uniform, he shall be guilty of an offence.
(2) A person guilty of an offence under subsection (1) shall be liable, on
summary conviction, —
(a) except in a case falling within paragraph (b), to a fine not
exceeding £200;
(b) if he wears it in such a manner or under such circumstances as to
be likely to bring contempt on the uniform, to a fine not exceeding
£200 or to imprisonment for a term not exceeding 1 month.
(3) Subsection (1) shall not prevent any person from wearing any uniform or
dress in the course or for the purposes of a stage play or representation,
or a music-hall or circus performance if the uniform is not worn in such a
manner or under such circumstances as to bring it into contempt.
(4) If any person entitled to wear the merchant navy uniform when aboard a
ship in port or on shore appears dressed partly in uniform and partly not
in uniform under such circumstances as to be likely to bring contempt on
the uniform, or, being entitled to wear the uniform appropriate to a
particular rank or position, wears the uniform appropriate to some
higher rank or position, he shall be liable on summary conviction to a
fine not exceeding £200.80

62 [Repealed]
81

63 Application to the Island of certain regulations and rules made under

the 1970 Act

(1) The Department, after consultation with the Secretary of State, may by
order apply to the Island or to ships registered in the Island, or to both,
as part of the law of the Island, subject to such modifications or
exceptions, or both, as may be specified in the order, any regulations
Section 64 Merchant Shipping (Masters and Seamen) Act 1979


Page 32 AT 14 of 1979 c

made under any enactment specified in Schedule 2, including that
enactment as amended from time to time.82

(1A) An order under subsection (1) may do all or any of the following —
(a) specify the exceptions, adaptations and modifications subject to
which the regulations applied by the order apply to the Island;
(b) set out the regulations applied by the order, incorporating the
exceptions, adaptations and modifications subject to which they
apply to the Island;
(c) in the case of an order applying regulations which amend
previous regulations applied to the Island, set out the previous
regulations so applied as amended, incorporating the exceptions,
adaptations and modifications subject to which the previous
regulations apply to the Island.83

(2) The Department, after consultation with the Secretary of State, may by
order amend Schedule 2.84

(3) No order under this section shall have effect until it has been approved
by Tynwald.
63A [Repealed]
85

64 Power to amend Act by order

[1974/32/22]
(1) The Department may, after consultation with the Secretary of State, by
order amend, vary, adapt or repeal any provision of this Act in such
manner as may appear to the Department expedient for the purpose of
making this Act correspond (subject to such modifications or exceptions,
or both, as the Department may consider, appropriate) with the like
enactments from time to time operating in the United Kingdom; and any
provision of any such order shall take effect from such day as may be
specified in the order, not being earlier than the date on which the
corresponding enactment has effect in the United Kingdom.86

(2) Any order under this section shall have effect as if it were an Act of
Tynwald.
(3) No order under this section shall have effect until it has been approved
by Tynwald.
64A Non-sea-going ships

(1) The preceding provisions of this Act other than sections 15, 22, 25 (in its
application in relation to section 22), 35 to 44, and 57 do not apply to
ships which are not sea-going ships or to masters or seamen employed in
ships which are not sea-going ships.
Merchant Shipping (Masters and Seamen) Act 1979 Section 65


c AT 14 of 1979 Page 33

(2) In relation to ships which are not sea-going ships —
(a) section 25 of this Act shall (in its application in relation to
section 22) have effect as if the words “goes to sea in a ship” were
omitted and the words “is on board a ship while it is on a voyage
or excursion” were inserted after “to give it”; and

(b) section 37 of this Act shall have effect as if for the words “goes to
sea or attempts to go to sea” there were substituted the words
“goes on a voyage or excursion or attempts to do so” and the
words “if in the Island” were omitted.87

Legal proceedings
65 Proceedings for offences

[P1975/5/4(5)]
Proceedings against a person for any offence under this Act may be taken, and
the offence may for all incidental purposes be treated as having been
committed, at any place in the Island.
66 Service of summons, etc

[VI p579/60]
Without prejudice to the provisions of any other enactment relating to the
service of a summons or any other document, any summons or document in
respect of any legal proceedings under this Act may, if the person to be served
is serving on a ship, be served by leaving the summons or document on board
the ship to which he belongs with the person being, or appearing to be, in
command or charge of the ship.
Fishing vessels
67 Fishing vessels

[P1970/36/95; P1974/43/19/6]
(1) In the application of this Act to fishing vessels and persons serving
in them —
(a) sections 3, 24(1)(c)(i) and (ii), and 25, 27 to 30 and 62 do not apply
and the provisions contained in Part I of Schedule 3 apply in
addition to the other provisions of this Act; and88

(b) sections 4 and 5 apply as set out in Part II of that Schedule;
and nothing in Schedule 3 applies to fishing vessels not registered in the
Island or to persons serving in them.
(2) Section 11 does not apply to so much of the wages of a seaman employed
in a fishing vessel as is in any manner related to the catch.
Section 68 Merchant Shipping (Masters and Seamen) Act 1979


Page 34 AT 14 of 1979 c

(3) In its application to persons serving in fishing vessels, section 61 shall
have effect as if for the words “merchant navy uniform”, wherever they
occur, there were substituted the words “fishing fleet uniform”.
(4) Nothing in section 7 shall affect the operation of any enactment relating
to the attachment of earnings in respect of wages due to a person
employed in a fishing vessel.
(5) The Department may grant exemptions from any requirements of this
Act or of any regulations —
(a) with respect to any fishing vessel or to a fishing vessel of any
description; or
(b) with respect to any person or a person of any description serving
in a fishing vessel or in a fishing vessel of any description;
and nothing in any other provision of this Act or in any regulations
conferring a power to provide for or grant exemptions shall be taken to
restrict the power conferred by this subsection.89

(6) In this Act “fishing vessel
” means a vessel for the time being used for or
in connection with fishing for sea fish, other than a vessel used (or
intended to be used) for fishing otherwise than for profit.90

Supplementary
68 Interpretation

[P1970/36/97(1)-(5)]
(1) In this Act —
“the 1894 Act
” [Repealed]91

“the 1970 Act
” means the Merchant Shipping Act 1970 (an Act of Parliament);
“the 1995 Act
” means the Merchant Shipping Act 1995 (an Act of Parliament);92

“the Board
” [Repealed]93

“British seaman’s card
” means a card issued pursuant to regulations made
under section 79 of the 1995 Act and having effect in the Island by virtue
of an order made under section 63 of this Act;94

“crew agreement
” has the meaning assigned to it by section 1(2);
“the Department
” means the Department of Economic Development;95

“enactment
” includes an enactment of the Parliament of Northern Ireland;
“the Government
” includes a Board of Tynwald and a Statutory Board;
“master
” includes every person (except a pilot) having command or charge of a
ship and, in relation to a fishing vessel, means the skipper;96

“merchant navy uniform
” [Repealed]97

Merchant Shipping (Masters and Seamen) Act 1979 Section 68


c AT 14 of 1979 Page 35

“port
” includes place;98

“proper officer
” means a consular officer appointed by Her Majesty’s
Government in the United Kingdom and, in relation to a port in a
country outside the United Kingdom which is not a foreign country, also
any officer exercising in that port functions similar to those of a
superintendent;
“regulations
” means regulations made under the 1995 Act, or under any other
enactment of Parliament, and having effect in the Island by virtue of an
order made under section 63 of this Act and includes regulations made
under sections 1 and 2 of the Merchant Shipping Act 1985;99

“relief and maintenance
” includes the provision of surgical or medical
treatment and such dental and optical treatment (including the repair or
replacement of any appliance) as cannot be postponed without impairing
efficiency;
“seafarer
” means any person who is employed or engaged or works in any
capacity on-board a ship to which the Merchant Shipping (Maritime
Labour Convention) Regulations 2013 apply;100

“Seafarer’s Employment Agreement
” means a clear, written legally enforceable
agreement required in accordance with Part 4 of the Merchant Shipping
(Maritime Labour Convention) Regulations 2013;101

“seaman
” includes every person (except masters and pilots) employed or
engaged in any capacity on board any ship;102

“ship
” includes every description of vessel used in navigation;103

“ship’s boat
” includes a life-raft;
“superintendent
” means a person appointed as such by the Department and
includes a superintendent under the Merchant Shipping Acts 1894 to
1983 (being Acts of Parliament);104

“surveyor of ships
” has the meaning assigned to it by section 25 of the Merchant
Shipping (Passenger Ships’ Survey) Act 1979;105

“vessel
” includes any ship or boat and any other description of vessel used in
navigation, and also includes a non-displacement craft;
“wages
” includes emoluments.106

(2) [Repealed]107

(3) References in this Act to going to sea include references to going to sea
from any country outside the Island.
(4) For the purposes of this Act, a seaman is discharged from a ship when
his employment in that ship is terminated.
Section 69 Merchant Shipping (Masters and Seamen) Act 1979


Page 36 AT 14 of 1979 c

(5) For the purposes of this Act, a seaman discharged from a ship in any
country and left there shall be deemed to be left behind in that country
notwithstanding that the ship also remains there.
(6) References in this Act (except section 45) to dying in a ship include
references to dying in a ship’s boat and to being lost from a ship or a
ship’s boat.108

69 Expenses

[P1970/36/98 (1)]
Any expenses incurred by the Department under this Act shall be defrayed out
of money provided by Tynwald.109

70 Amendments

[P1970/36/100 (1)]
The enactments mentioned in Schedule 4 shall be amended in accordance with
that Schedule.
71 Savings, transitional provisions and repeals

[P1970/36/100(2) and (3)]
(1) This Act shall have effect subject to the savings and transitional
provisions contained in Schedule 5.
(2) [Repealed]110

72 Short title and commencement

[P1970/36/101 (1) and (4)]
(1) This Act may be cited at the Merchant Shipping (Masters and Seamen)
Act 1979.
(2) This Act shall come into force on such date as the Department may by
order appoint, and different days may be so appointed for different
provisions of this Act.111
112

Merchant Shipping (Masters and Seamen) Act 1979 Schedule 1



c AT 14 of 1979 Page 37

SCHEDULE 1

CLAIMS AGAINST SEAMAN’S WAGES FOR MAINTENANCE

Section 13 [P1970/36/17(1)-(6), 8 and (10)]
1. Where, during a seaman’s employment in a ship, expenses are incurred by the
responsible authority for the benefit of any dependant of his and the expenses are of a
kind specified in regulations and such further conditions, if any, as may be so specified
are satisfied, the authority may by notice in writing complying with the regulations
require the persons employing the seaman —
(a) to retain for a period specified in the notice such proportion of his
net wages as may be so specified; and
(b) to give to the responsible authority as soon as may be notice in
writing of the seamen’s discharge from the ship;
and the persons employing the seaman shall comply with the notice (subject to
paragraph 3) and give notice in writing of its contents to the seaman.
2. For the purposes of this Schedule —
(a) the following persons, and no others, shall be taken to be a
seaman’s dependants, that is to say, his spouse, his civil partner
and any person under the age of 16 whom he is liable, for the
purposes of any enactment, to maintain or in respect of whom he
is liable under any such enactment to make contributions to the
responsible authority; and113

(b) expenses incurred for the benefit of any person include (in
addition to any payments made to him or on his behalf) expenses
incurred for providing him with accommodation or care or for
exercising supervision over him;
but no expenses shall be specified in regulations unless they are such that a court of
summary jurisdiction has power under any enactment to order the making of
payments in respect thereof.
3. Not more than the following proportion of a seaman’s net wages shall be
retained under paragraph 1 (whether in pursuance of one or more notices), that is
to say —
(a) one-half if the notice or notices relate to one dependant only;
(b) two-thirds if the notice or notices relate to 2 or more dependants.
4. Where the responsible authority has served a notice under this Schedule on the
persons employing a seaman a court of summary jurisdiction may, on the application
of the authority, make an order for the payment to the authority of such sum, not
Schedule 2
Merchant Shipping (Masters and Seamen) Act 1979


Page 38 AT 14 of 1979 c

exceeding the proportion of the seaman’s wages which those persons were required by
virtue of this Schedule to retain, as the court, having regard to the expenses incurred
by the authority and the seaman’s means, thinks fit.
5. Any sums paid out of a seaman’s wages in pursuance of an order under this
Schedule shall be deemed to be paid to him in respect of his wages; and the service, on
the persons who employed the seaman, of such an order or of an order dismissing an
application for such an order shall terminate the period for which they were required
to retain the wages.
6. An application for an order under this Schedule for the payment of any sum by
the persons who employed a seaman shall be deemed, for the purposes of any
proceedings, to be an application for an order against the seaman; but the order, when
served on those persons, shall have effect as an order against them and may be
enforced accordingly.
7. Any notice or order under this Schedule may be served by registered post or
recorded delivery service.
8. In this Schedule “the responsible authority
” means the Isle of Man Board of
Social Security.
SCHEDULE 2
114

PROVISIONS OF ACTS OF PARLIAMENT REGULATIONS

UNDER WHICH MAY BE APPLIED TO THE ISLAND BY

ORDERS UNDER SECTION 63

Section 63 (1)
Provisions of the 1970 Act
Sections 1 to 4
Section 6
Section 8 as set out in Part II of Schedule 2
Section 9
Section 11
Section 13
Section 17
Sections 19 to 21
Section 24
Sections 34 to 36
Section 43
Sections 50 and 51
Merchant Shipping (Masters and Seamen) Act 1979 Schedule 3



c AT 14 of 1979 Page 39

Section 62
Section 65
Sections 68 to 72
Section 84
Section 87
Section 92
Schedules 2 and 4
The Merchant Shipping Act 1979
Sections 21 and 22
Section 30(2)
The Merchant Shipping Act 1995
Sections 25 to 27
Section 32
Section 34
Section 36
Section 40
Section 43
Section 54 and 55
Section 60 (including that section as amended by section 119)
Section 73
Sections 77 to 80
Sections 109 and 112
Section 307.
SCHEDULE 3

FISHING VESSELS

Section 67(1)
PART I – ADDITIONAL PROVISIONS
115

Production of certificates and other documents of qualification
1. Any person serving or engaged to serve in a fishing vessel and holding any
certificate or other document which is evidence that he is qualified for the purpose of
regulations made under section 43 of the 1970 Act and having effect in the Island by
virtue of an order made under section 63 of this Act shall on demand produce it to any
person who is a British sea-fishery officer for the purposes of the Sea Fisheries Acts
Schedule 3
Merchant Shipping (Masters and Seamen) Act 1979


Page 40 AT 14 of 1979 c

(within the meaning of the Sea Fisheries Act 1968, an Act of Parliament); and, if he fails
to do so without reasonable cause, he shall be guilty of an offence and shall be liable on
summary conviction to a fine not exceeding £1,000.
Reports of and inquiries into injuries
2. (1) Where the master or a member of the crew of a fishing vessel is injured
during a voyage, an inquiry into the cause and nature of the injury may be held by a
superintendent or proper officer.
(2) The superintendent or proper officer holding an inquiry under this
paragraph shall for the purposes of the inquiry have the powers conferred on an
inspector by section 3 of the Merchant Shipping Act 1985 and shall make a report of his
findings to the Department.116

PART II – SECTIONS 4 AND 5 SET OUT AS THEY APPLY TO

FISHING VESSELS AND PERSONS EMPLOYED IN THEM
P1970/36 Sch 2, Pt II

4. Payment of seamen’s wages

Except as provided by or under this Act or any other enactment, the wages due
to a seaman under a crew agreement relating to a fishing vessel shall be paid to
him in full.
5. Account of wages and catch

(1) Subject to regulations, the persons employing any seaman under a crew
agreement relating to a fishing vessel shall deliver to him at a time prescribed by
regulations an account of the wages due to him under that crew agreement and of the
deductions subject to which the wages are payable.
(2) Where the wages of any person employed in a fishing vessel are in any
manner related to the catch, the persons employing him shall at a time prescribed by
regulations deliver to the master an account (or, if the master is the person employing
him, make out an account) showing how those wages (or any part thereof related to the
catch) are arrived at and shall make the account available to the crew in such manner
as may be prescribed by the regulations.
(3) Where there is a partnership between the master and any members of the
crew of a fishing vessel, the owner of the vessel shall at a time prescribed by
regulations make out an account showing the sums due to each partner in respect of
his share and shall make the account available to the partners.
(4) If a person fails without reasonable cause to comply with the preceding
provisions of this section, he shall be guilty of an offence and shall be liable on
summary conviction to a fine not exceeding £1,000.
Merchant Shipping (Masters and Seamen) Act 1979 Schedule 4



c AT 14 of 1979 Page 41

SCHEDULE 4

AMENDMENT OF CERTAIN ENACTMENTS

Section 70
[Sch 4 amended by Shipping Casualties (Inquiries, Investigations and Reports)
Act 1979 Sch, and amends the following Act —
Education (Work Experience) Act 1974 q.v.]
SCHEDULE 5

SAVINGS AND TRANSITIONAL PROVISIONS

Section 71(1)
1. The repeal by this Act of section 2 of the Merchant Shipping Act 1935 shall not
affect the operation —
(a) in relation to a seaman’s money order issued before the coming
into force of the repeal, of regulations under section 145(2) or 146
of the 1894 Act; or
(b) of sections 148 to 153 of the 1894 Act in relation to any deposit
received under section 148 before the coming into force of the
repeal; or
(c) of section 254 of the 1894 Act in relation to any return made under
it, and any marine register book kept under that section shall be
treated as part of a marine register kept under section 54 of
this Act.
2. Any licence granted under section 110 of the 1894 Act shall have effect as if
granted under section 3 of this Act.
3. For the purposes of section 61, the registration of any design under Part II of the
Patents and Designs Act 1907 shall be deemed to be a registration under the Registered
Designs Act 1949 (both Acts being Acts of Parliament).
SCHEDULE 6
117

Merchant Shipping (Masters and Seamen) Act 1979 Endnotes


c AT 14 of 1979 Page 43

ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
Subs (2) amended by GC190/86, by Merchant Shipping (Miscellaneous Provisions)
Act 1996 s 15 and by SD155/10 Sch 2. 2
Subs (3) amended by GC190/86 and by Merchant Shipping (Miscellaneous Provisions)
Act 1996 s 15. 3
Subs (5) amended by GC190/86 and by Merchant Shipping (Miscellaneous Provisions)
Act 1996 s 15. 4
Subs (6) amended by GC190/86 and by Merchant Shipping (Miscellaneous Provisions)
Act 1996 s 15. 5
Subs (2) inserted by SD234/13. 6
S 3 repealed by Merchant Shipping (Miscellaneous Provisions) Act 1996 s 15. 7
Subs (1) substituted by GC18/91. 8
Subs (2) amended by GC18/91. 9
Subs (3) amended by Treasury Act 1985 Sch 2 and by GC18/91. 10
Subs (3A) inserted by GC18/91. 11
Subs (3B) inserted by GC18/91. 12
Subs (3C) inserted by GC18/91. 13
Subs (4) amended by GC18/91. 14
Subs (6) amended by GC18/91. 15
Subs (7) added by GC18/91. 16
Subs (1) amended by GC18/91. 17
Subs (3A) inserted by GC18/91. 18
S 6 heading substituted by SD234/13. 19
Subs (1) substituted by SD234/13.
Endnotes Merchant Shipping (Masters and Seamen) Act 1979


Page 44 AT 14 of 1979 c

20
Para (a) amended by GC169/80. 21
Subs (4) added by GC169/80. 22
S 8 amended by SD234/13. 23
S 9 repealed by SD234/13. 24
Subs (1) amended by SD234/13. 25
Subs (2) amended by SD234/13. 26
Subs (1) amended by GC169/80. 27
Subs (4) added by GC169/80. 28
Subs (5) inserted by SD234/13. 29
Amended by GC169/80. 30
S 15A repealed by SD386/98. 31
S 16 repealed by GC34/90. 32
Subs (1) amended by GC34/90. 33
S 18 repealed by GC18/91. 34
Subs (2) inserted by SD234/13. 35
Subs (2) inserted by SD234/13. 36
S 22 substituted by Merchant Shipping (Miscellaneous Provisions) Act 1996 s 13. 37
S 23 substituted by Merchant Shipping (Miscellaneous Provisions) Act 1996 s 14. 38
Paras (a) and (b) repealed by GC18/91. 39
S 25 amended by GC18/91 and by SD386/98. 40
S 26 amended by GC18/91. 41
Ss 27 to 30 repealed by Merchant Shipping Act 1985 Sch 2. 42
S 34 repealed by GC18/91. 43
S 34A inserted by Merchant Shipping (Miscellaneous Provisions) Act 1996 s 12. 44
Subs (1) amended by GC301/87 and by SD386/98. 45
Subs (1) amended by GC190/86, by GC301/87, by Merchant Shipping (Miscellaneous
Provisions) Act 1996 s 15, by SD386/98 and by SD2014/0238. 46
S 37 amended by SD386/98 and by SD2014/0238. 47
Subs (2) amended by SD386/98 and by SD2014/0238. 48
S 39 amended by SD386/98. 49
S 41 amended by SD386/98. 50
Subs (2) amended by SD386/98. 51
Para (c) amended by Merchant Shipping Act 1995 (of Parliament) (applied SD23/99). 52
S 43 amended by GC190/86 and by SD386/98. 53
S 44 amended by SD386/98 . 54
Para (a) amended by GC169/80. 55
Subs (1A) inserted by GC169/80 and amended by GC190/86. 56
Subs (1B) inserted by GC169/80 and amended by GC190/86. 57
Subs (2) amended by Merchant Shipping Act 1985 Sch 1. 58
Para (a) amended by GC169/80. 59
Subs (3) amended by GC190/86. Para (b) amended by GC190/86.
Merchant Shipping (Masters and Seamen) Act 1979 Endnotes


c AT 14 of 1979 Page 45

60
Subs (4) substituted by Merchant Shipping Act 1985 Sch 1. Para (d) amended by
GC190/86. 61
Subs (4) inserted by SD234/13. 62
Subs (2) inserted by SD234/13. 63
Para (a) amended by GC190/86. 64
Para (b) amended by SD386/98. 65
Subs (2) amended by GC190/86. 66
S 49 repealed by GC18/91. 67
S 50 amended by GC18/91. 68
Subs (1) amended by Merchant Shipping (Miscellaneous Provisions) Act 1996 s 15. 69
Subs (1) amended by SD386/98. 70
Para (b) amended by SD386/98. 71
Subs (2) added by GC169/80 and amended by GC190/86. 72
Para (a) amended by SD234/13. 73
Para (b) amended by Merchant Shipping Act 1995 (of Parliament) (applied by
SD23/99). 74
Para (d) amended by SD234/13. 75
Subs (2) substituted by SD386/98. 76
S 56 inserted by GC18/91. 77
S 57 repealed by SD386/98. 78
Subs (2) amended by Merchant Shipping Act 1995 (of Parliament) (applied SD23/99). 79
Para (b) amended by GC190/86. 80
S 61 substituted by SD386/98. 81
S 62 repealed by GC18/91. 82
Subs (1) amended by GC169/80 and by GC190/86. 83
Subs (1A) inserted by Merchant Shipping (Miscellaneous Provisions) Act 1996 s 21. 84
Subs (2) amended by GC190/86. 85
S 63A repealed by Merchant Shipping (Miscellaneous Provisions) Act 1996 Sch 2. 86
Subs (1) amended by GC190/86 and by Merchant Shipping Registration Act 1991 Sch
5. 87
S64A inserted by GC18/91. 88
Para (a) amended by GC169/80 and by GC18/91. 89
Subs (5) amended by Merchant Shipping (Miscellaneous Provisions) Act 1996 s 15. 90
Subs (6) substituted by GC18/91. 91
Definition of ‘the 1894 Act’ repealed by Merchant Shipping Act 1995 (of Parliament)
(applied SD23/99). 92
Definition of ‘the 1995 Act’ inserted by SD386/98. 93
Definition of ‘the Board’ repealed by GC190/86. 94
Definition of ‘British seaman’s card’ amended by SD386/98. 95
Definition of ‘the Department’ inserted by GC190/86 and amended by SD155/10 Sch
2. 96
Definition of ‘master’ inserted by SD386/98.
Endnotes Merchant Shipping (Masters and Seamen) Act 1979


Page 46 AT 14 of 1979 c

97
Definition of ‘merchant navy uniform’ repealed by SD386/98. 98
Definition of ‘port’ inserted by SD386/98. 99
Definition of ‘regulations’ amended by GC360/88 and by SD386/98. 100
Definition of “seafarer” inserted by SD234/13. 101
Definition of “Seafarer’s Employment Agreement” inserted by SD234/13. 102
Definition of “seaman” inserted by SD386/98. 103
Definition of “ship” substituted by SD386/98. 104
Definition of “superintendent” inserted by Merchant Shipping Act 1985 Sch 1 and
amended by GC190/86. 105
Definition of “surveyor of ships” inserted by Merchant Shipping Act 1985 Sch 1. 106
Definition of “wages” added by SD386/98. 107
Subs (2) repealed by SD386/98. 108
Subs (6) amended by GC169/80. 109
S 69 amended by GC190/86. 110
Subs (2) repealed by Statute Law Revision Act 1992 Sch 2. 111
Subs (2) amended by GC190/86. 112
ADO (ss 1, 2, 4 to 40, 45 to 53, 55 to 60, 62 to 72, Schs 1 to 6) 1/7/1980 (GC139/80); (ss
41 to 43) 1/11/1981 (GC210/81); (s 54) 1/1/1986, GC1/86; (ss 44, 61) 1/1/1988 (GC374/87). 113
Para (a) amended by Civil Partnership Act 2011 Sch 14. 114
Sch 2 amended by GC169/80 and by SD386/98. 115
P1970/36/Sch 2, Pt I, paras 3 and 5 116
Subpara (2) amended by Merchant Shipping Act 1985 Sch 1 and by GC190/86. 117
Sch 6 repealed by Statute Law Revision Act 1992 Sch 2.