Statutory Instruments
1981 No. 569
MERCHANT SHIPPING
The Merchant Shipping (Official Log Books) Regulations 1981
Made
8th April 1981
Laid before Parliament
10th April 1981
Coming into Operation
(a) for the purposes of paragraphs 8 and 9 of Part I of the Schedule
1st September 1981
(b) for all other purposes
1st May 1981
The Secretary of State, after consulting with the organisations referred to in section 99(2) of the Merchant Shipping Act 1970, in exercise of powers conferred by section 68 of that Act(1) and now vested in him(2), and of all other powers enabling him in that behalf, hereby makes the following Regulations:
Citation, commencement, interpretation and revocation
1.—(1) These Regulations may be cited as the Merchant Shipping (Official Log Books) Regulations 1981 and shall come into operation: (a) for the purposes of paragraphs 8 and 9 of Part I of the Schedule, 1st September 1981 (b) for all other purposes 1st May 1981.
(2) In these Regulations:
“the Act of 1894” means the Merchant Shipping Act 1894;
“the Act of 1949” means the Merchant Shipping (Safety Convention) Act 1949;
“the Act of 1967” means the Merchant Shipping (Load Lines) Act 1967;
“the Act of 1970” means the Merchant Shipping Act 1970;
“appeal against a fine” means an appeal to a superintendent or proper officer in accordance with the Disciplinary Offences Regulations against a fine for a disciplinary offence;
“appropriate superintendent or proper officer” means a superintendent or proper officer for the place where the ship is at the time referred to in regulation 10(1) (delivery of official log books);
“the Closing of Openings Regulations” means the Merchant Shipping (Closing of Openings in Hulls and in Watertight Bulkheads) Regulations 1980;
“Code of Conduct” means the National Maritime Board publication entitled “Code of Conduct for the Merchant Navy” published in 1978 by the Board;
“the Crew Accommodation Regulations” means the Merchant Shipping (Crew Accommodation) Regulations 1978(3);
“the Deck Officers Regulations” means the Merchant Shipping (Certification of Deck Officers) Regulations 1980;
“the Disciplinary Offences Regulations” means the Merchant Shipping (Disciplinary Offences) Regulations 1972(4);
“the Engineer Officers Regulations” means the Merchant Shipping (Certification of Marine Engineer Officers) Regulations 1980;
“entry” means an entry in an official log book (including an entry contained in a separate document annexed to any official log book in accordance with regulation 6) of any particulars specified in column 1 in any paragraph of the Schedule to these Regulations and an entry amending or cancelling such an entry;
“the Life-saving Appliances Regulations” means the Merchant Shipping (Life-saving Appliances) Regulations 1980(5);
“the Musters Regulations” means the Merchant Shipping (Musters) Regulations 1980(6);
“Near Continental trading area” means any location within the area bounded by a line from a point on the Norwegian coast in latitude 62° North to a point 62° North 02° West; thence to a point 58° North 10° West; thence to a point 51° North 12° West; thence to Brest, but excluding all waters which lie to the eastward of a line drawn between Kristiansand, Norway, and Hanstholm lighthouse on the North Danish coast;
“officer” means an officer qualified for the purposes of section 43 of the Act of 1970 or duly certificated under the Act of 1894;
“the Pilot Ladders and Hoists Regulations” means the Merchant Shipping (Pilot Ladders and Hoists) Regulations 1980(7);
“the Property Regulations” means the Merchant Shipping (Property of Deceased Seamen) Regulations 1972;
“the Repatriation Regulations” means the Merchant Shipping (Repatriation) Regulations 1979;
“seaman” in paragraphs 18, 20 and 36 of the Schedule includes the master of a ship;
“ship” means a ship registered in the United Kingdom but does not include a fishing vessel;
“the Steering Gear Regulations” means the Merchant Shipping (Automatic Pilot and Testing of Steering Gear) Regulations 1981;
“wages submission” means a submission to a superintendent or proper officer under section 10 of the Act of 1970 (which relates to disputes about wages); and references to the gross or register tonnage of a ship are, in the case of a ship having alternative gross or alternative register tonnages, references to the larger of its gross tonnages or to the larger of its register tonnages, as the case may require.
(3) The Merchant Shipping (Official Log Books) Regulations 1972, the Merchant Shipping (Official Log Books) (Amendment) Regulations 1978 and the Merchant Shipping (Official Log Books) (Amendment) Regulations 1980 are hereby revoked.
Exemptions from the requirements of section 68 of the Merchant Shipping Act 1970 (official log books)
2. The requirement imposed by section 68 of the Act of 1970 that an official log book shall be kept in every ship registered in the United Kingdom shall not apply to—
(a)a ship belonging to a general lighthouse authority;
(b)a ship of less than 25 gross tons; or
(c)a pleasure yacht.
Entries in official log books
3. Subject to the provisions of the Merchant Shipping Acts and of rules and regulations made thereunder entries of particulars specified—
(a)in column 1 in each paragraph of Part I of the Schedule to these Regulations shall from time to time be made in the official log book kept in every ship not exempted from the requirement of section 68 of the Act of 1970 by regulation 2;
(b)in column 1 in each paragraph of Part II of that Schedule shall be so made in the official log book kept in any such ship to which the Disciplinary Offences Regulations apply;
(c)in column 1 in each paragraph of Part III of that Schedule shall be so made in the official log book kept in any such ship in respect of which a load line certificate has been issued under section 6 of the Act of 1967, except a ship which is—
(i)a sludge carrier;
(ii)a dredger;
(iii)a hopper barge; or
(iv)a tug or tender which, in either case, is on or is about to undertake a voyage of not more than 600 nautical miles in the course of which it is at no time more than 200 miles from a port or place in which the persons on board could be placed in safety and, if it carries passengers, does not carry more than 12; and
(d)in column 1 in each paragraph of Part IV of that Schedule shall be so made in the official log book kept in any such ship to which the Closing of Openings Regulations apply.
Making, signing and witnessing of entries
4.—(1) Each entry shall be made in the official log book by the person or by one of the persons (or by a person authorised by any such person for that purpose) specified in column 2 in each paragraph of the Schedule to these Regulations.
(2) Each entry:
(a)subject to paragraph (3) of this regulation, shall be signed by the person or by one of the persons specified in column 2 in each paragraph of the Schedule; and
(b)subject to the provisions of each paragraph of the Schedule, shall be witnessed by the person, if any, specified in column 3 in each paragraph of the Schedule.
(3) An entry which is to be signed by the master may, except where the contrary intention appears, be signed by an officer authorised by the master for that purpose.
(4) Each entry shall include the date when it is made.
5. If an entry which is to be signed or witnessed by the master or by a person who is a member of the crew is not made, signed and witnessed in accordance with the provisions of these Regulations and of the Schedule hereto, the master of the ship at the time when the entry is or should have been made, signed and witnessed shall be guilty of an offence.
Annexes to official log books
6. If it is not practicable by reason of its length, the circumstances in which it is to be made or for any other reason for an entry to be contained in the official log book, it shall be contained in a separate document annexed to the official log book and referred to in an entry in the official log book; and references in these Regulations to an official log book include references to any documents annexed to an official log book in accordance with this regulation.
Time for making of entries
7.—(1) (a) Entries of particulars specified in paragraphs 1, 2, 3, 5 and 43 of the Schedule to these Regulations shall be made at the time when an official log book is opened; and
(i)a further entry of particulars specified in paragraph 3 shall be made as soon as practicable after any change of master; and
(ii)a further entry of particulars specified in paragraph 43 shall be made as soon as practicable after a new load line certificate is issued in respect of the ship under section 6 of the Act of 1967.
(b)The entry of particulars specified in paragraphs 7 and 25 of the Schedule shall be made as soon as practicable after the ship arrives at or leaves any dock, wharf, port or harbour as the case may require.
(c)The entry of particulars specified in paragraph 11 of the Schedule shall be made as soon as practicable after every time when each muster should have been held in accordance with the Musters Regulations.
(d)The entries of particulars specified in sub-paragraphs (b) and (c) of paragraph 38 of the Schedule shall be made daily or at such other times during the continuance of the illness or injury as the person making any such entry thinks fit.
(e)The entry of particulars specified in paragraph 44 of the Schedule shall be made before the ship leaves any dock, wharf, harbour or other place for the purpose of proceeding to sea.
(f)Every other entry shall be made as soon as practicable after the occurrence to which it relates or, if it amends or cancels an existing entry, as soon as practicable after the person intending to sign it becomes aware of the facts giving rise to the amendment or cancellation.
(2) Subject to the provisions of regulation 8, no entry shall be made in an official log book after the time referred to in regulation 10(1).
Amendment and cancellation of entries
8.—(1) Subject to the provisions of this regulation, an entry shall not be amended or cancelled.
(2) Where—
(a)in the case of an entry which was required to be signed by the master, it appears to the person who for the time being is master of the ship that the entry is inaccurate or incomplete; or
(b)in the case of any other entry, it appears to the person who signed the entry that it is inaccurate or incomplete;
that person shall, if it is practicable to do so before the time referred to in regulation 10(1), make and sign a further entry referring to the entry and amending or cancelling it; and paragraphs (1) and (2)(b) of regulation 4 and regulations 5 and 6 shall apply to the further entry.
(3) Where, after the time referred to in regulation 10(1), it appears to a superintendent or proper officer or to the Registrar General of Shipping and Seamen that an entry is inaccurate or incomplete, he—
(a)may make and sign a further entry referring to the entry and amending or cancelling it; and
(b)shall, if it is practicable to do so, inform any master or seaman, to whom any such further entry relates, of its contents.
(4) Any person who fails to comply with paragraph (2) of this regulation shall be guilty of an offence.
Production of official log book
9.—(1) The master of a ship shall, on demand, produce to the Registrar General of Shipping and Seamen, a superintendent, a proper officer or an officer of customs the official log book required to be kept in the ship.
(2) A master who fails to comply with this regulation shall be guilty of an offence.
Delivery of official log book
10.—(1) The master shall, within 48 hours after the time specified in paragraph (2) or in paragraph (3) (as the case may be) of this regulation, or, if it is not practicable within that time, as soon as practicable thereafter, deliver the official log book to the appropriate superintendent or proper officer.
(2) Subject to paragraph (3) of this regulation, the time referred to in paragraph (1) is either—
(a)if any person is employed in the ship under a crew agreement, the time when the last person remaining so employed is discharged from the ship; or
(b)in any other case, the time when the ship first calls at a port more than 6 months after the first entry (other than an entry specified in paragraphs 1, 2, 3, 5 or 43 of the Schedule to these Regulations) is made in the official log book.
(3) If, at the time specified in paragraph (2) of this regulation—
(a)there is pending a wages submission; or
(b)(i)there is pending an appeal against a fine, or
(ii)if no such appeal is pending, an entry relates to a fine, which has not been remitted, imposed for a disciplinary offence and in respect of which the time for the giving of notice of appeal by the appellant to the master (in accordance with regulation 12 of the Disciplinary Offences Regulations) has not expired;
the time referred to in paragraph (1) of this regulation is either the time when all such submissions or appeals have been determined by a superintendent or proper officer or withdrawn, or the expiration of 7 days after the time specified in paragraph (2) of this regulation, whichever shall be the earlier.
(4) A master who fails to comply with paragraph (1) of this regulation shall be guilty of an offence.
Offences
11. Any offence under these Regulations shall be punishable on summary conviction with a fine not exceeding £50.
Trefgarne
Parliamentary Under Secretary of State
Department of Trade
8th April 1981
THE SCHEDULEENTRIES REQUIRED TO BE MADE IN THE OFFICIAL LOG BOOKS KEPT IN SHIPS REGISTERED IN THE UNITED KINGDOM NOT EXEMPTED FROM THE REQUIREMENTS OF SECTION 68 OF THE MERCHANT SHIPPING ACT 1970 BY REGULATION 2
PART IEntries relating to every ship
Column 1
Column 2
Column 3
Particulars of entry
Signatory
Witness
1
The name of the ship, its port of registry, official number and gross or register tonnage.
The master
None
2
The name and address of the registered owner or of the registered managing owner or of the ship's husband or manager.
The master
None
3
The name of the master and the number of his certificate of competency.
The master
None
4
Where a person ceases to be master of the ship during a voyage, a record that, in accordance with section 74 of the Act of 1970, he has delivered to his successor the documents relating to the ship or its crew which are in his custody.
The master in person and the former master in person
None
5
The date on and place at which the official log book is opened.
The master
None
6
The date on and place at which the official log book is closed.
The master
None
7
A record of—
the date and hour of departure for sea from, and arrival from sea at, any dock, wharf, port or harbour.
The master in person
An officer
8
A record of every notification required by regulation 16 of the Deck Officers Regulations to be made to a proper officer whenever one qualified deck officer less than the number required by the Regulations is carried.
The master
None
9
A record of every notification required by regulation 12 of the Engineer Officers Regulations to be made to a proper officer whenever one qualified marine engineer officer less than the number required by the Regulations is carried.
The master
None
10
A record of each occasion on which, in accordance with regulation 6(7) of the Musters Regulations a muster, drill or training of the crew in the use of life saving and fire appliances and equipment is held on board the ship or on which the appliances and equipment required by those Regulations to be carried are examined to see whether they are fit and ready for use.
The master
A member of the crew
11
Where a muster, drill, training or inspection is not held on board the ship when required by the Musters Regulations, a record of why the muster, drill, training or inspection, as the case may be, was not carried out or carried out only in part.
The master
A member of the crew
12
Where any of the following casualties has occurred—
(a) the loss or presumed loss, stranding, grounding, abandonment of or damage to the ship; or
(b) a loss of life caused by fire on board or by any accident to the ship or a ship's boat, or by any accident occurring on board the ship or a ship's boat; or
(c) any damage caused by the ship—
a description of the casualty and the place where, or the position of the ship when, it occurred.
The master
A member of the crew
13
A record of every signal of distress or a message that a vessel, aircraft or person is in distress at sea, observed or received.
The master
A member of the crew
14
Where the master, on receiving at sea a signal of distress or information from any source that a vessel or aircraft is in distress, is unable, or in the special circumstances of the case considers it unreasonable or unnecessary to go to the assistance of the persons in distress (in accordance with section 22(1) of the Act of 1949 which relates to a master's obligation to assist vessels, etc., in distress)—
a statement of his reasons for not going to the assistance of those persons.
The master in person
A member of the crew
15
Where a dispute relating to the amount payable to a seaman under a crew agreement is submitted to a superintendent or proper officer under section 10 of the Act of 1970—
(a) a record of the identity of the superintendent or proper officer;
The master (subparagraph (a))
A member of the crew
(b) a statement of the dispute;
(c) a record of whether he accepts the submission; and
(d) if he accepts the submission; either—
(i) a record of his decision; or
(ii) a statement that he is of the opinion that the dispute ought not to be decided by him.
The superintendent or proper officer (subparagraphs (b) to (d))
None
16
A record of—
(a) every seaman discharged from the ship; and
(b) the place, date and time of his discharge.
The person in whose presence the seaman is discharged or (if the seaman is not present at the time he is discharged), the master
A member of the crew
17
Where a proper officer consents to the discharge of a seaman outside the United Kingdom, a record of his consent.
The proper officer (if practicable) or the master in person
If the entry is signed by the master, a member of the crew
18
Where a seaman is left behind in any country outside the United Kingdom or is taken to such a country on being shipwrecked, or a person who became employed in the ship under an agreement entered into outside the United Kingdom is left behind in the United Kingdom or is taken to the United Kingdom on being shipwrecked—
a record of—
(a) the name of the seaman;
(b) the date on which and the place at which the seaman was left behind;
(c) the reason, if known to the master, for the seaman being left behind;
(d) any provision made by the master on the seaman's employer's behalf to ensure that a superintendent or proper officer is informed that the seaman has been left behind and is given the information referred to in regulation 5(1) of the Repatriation Regulations, identifying the superintendent or proper officer;
(e) the seaman's employer being informed that the seaman has been left behind and of the employer being given any particulars required by him.
The master
A member of the crew
19
Where, in pursuance of regulation 8 of the Repatriation Regulations, the master is required by a superintendent or proper officer to convey a person under a conveyance order—
a record of—
(a) the conveyance order, identifying the person to whom it relates, and the superintendent or proper officer by whom it was given;
(b) any direction received by the master in respect of any such requirement, specifying the direction and the superintendent or proper officer by whom it was given;
(c) whether the person is engaged as a member of the crew and, if not,
(i) the date on which and the place at which he came on board the ship; and
(ii) the date on which and the place at which he left the ship.
The master
A member of the crew
20
In respect of a seaman referred to in an entry made pursuant to paragraph 18 of this Schedule—
a record of—
(a) whether he left any property (including money) on board the ship;
(b) all such property of which the master has taken charge in pursuance of regulation 16(3)(a) of the Repatriation Regulations specifying each item of such property;
(c) each article forming part of such property sold in pursuance of regulation 16(4)(a) of the Repatriation Regulations, and the price received for it;
(d) each article forming part of such property destroyed or disposed of in pursuance of regulation 16(4)(b) of the Repatriation Regulations and the name of the person to whom disposal was made;
(e) each article forming part of such property delivered to any person in pursuance of paragraph (5) or (6) of regulation 16 of the Repatriation Regulations specifying the person (whether the seaman, his employer or his next of kin) to whom the delivery was made and the date, place and manner of delivery.
The master
A member of the crew
21
A record of any inspection of crew accommodation carried out under regulations 38(2) and 31(2) of Schedule 6 to, the Crew Accommodation Regulations, showing—
(a) the date and time of the inspection;
(b) the names and ranks of the persons making the inspection; and
(c) particulars of any respects in which the crew accommodation or any part thereof was found by any of the persons making the inspection not to comply with those Regulations.
The master
A member of the crew
22
A record of any inspection of provisions and water to be supplied to seamen employed in the ship with the result of the inspection.
The persons making the inspection
None
23
A record of any inspection by a person appointed by the Secretary of State of any anchors and chain cables (as defined in section 1(7) of the Anchors and Chain Cables Act 1967) on board the ship as part of its equipment and the findings of that person.
The person making the inspection
None
24
A record of any testing and inspection carried out by the ship's personnel of the rigging of the hoist and a load test to at least 150 kg, under regulation 8(6)(d) of the Pilot Ladders and Hoists Regulations.
The master
An officer
25
A record of any drill, check and test carried out by the ship's crew of the ship's steering gear, under regulation 6(6) of the Steering Gear Regulations.
The master
An officer
26
Where three or more seamen employed in the ship complain to the master under section 22 of the Act of 1970 (which relates to complaints about provisions and water) about the provisions or water provided for the seamen employed in the ship—
a record of—
(a) the names of the seamen making the complaint;
(b) the complaint, specifying—
(i) the provisions or the water complained of; and
(ii) the manner in which they are alleged not to be in accordance with regulations made under section 21 of the Act of 1970(8) (whether because of bad quality, unfitness for use or deficiency in quantity);
(c) action taken by the master on the complaint;
(d) whether the seamen state to the master their dissatisfaction with the action taken by the master on the complaint and whether they claim to complain to a superintendent or proper officer;
(e) if the seamen claim to complain to a superintendent or proper officer, the arrangements made by the master to enable the seamen to do so;
The master (sub-paragraphs (a) to (e))
One of the seamen making the complaint
(f) the investigation of the complaint by a superintendent or proper officer; and
The superintendent or proper officer investigating the complaint (sub-paragraph (f))
None
(g) every examination of provisions and water made under section 22(3) of the Act of 1970.
The person making the inspection (sub-paragraph (g))
None
27
Where a seaman employed in the ship complains to the master under section 23 of the Act of 1970 (which relates to complaints other than complaints about provisions and water) about the master or any other seaman employed in the ship or about the conditions on board the ship—
a record of—
(a) the name of the seaman making the complaint;
(b) the complaint, specifying the person or matter complained of and the nature of the complaint;
(c) action taken by the master on the complaint;
(d) whether the seaman states his dissatisfaction with the action taken by the master on the complaint and whether, if the ship is outside the United Kingdom, he claims to complaint to a proper officer;
(e) if the seaman claims to complain to a proper officer, the arrangements made by the master to enable the seaman to do so; and
The master (sub-paragraphs (a) to (e))
The seaman making the complaint
(f) the investigation of the complaint by a proper officer.
The proper officer investigating the complaint (sub-paragraph (f))
None
28
Where by reason of any event it appears to the master that an officer—
(a) may be unfit to discharge his duties, whether by reason of incompetency or misconduct or for any other reason; or
(b) may have been seriously negligent in the discharge of his duties; or
(c) may have failed to comply with the provisions of section 422 of the Act of 1894 (duty to give assistance and information after collision);
a record:
(i) of the name of the officer and of the grade and number of his certificate;
(ii) of any such event or a reference to any other entry relating to it;
(iii) of any statement made by the officer to the master in respect of that event or those events and which the officer wishes to be recorded; and
(iv) that the entries made in pursuance of sub-paragraphs (i) to (iii) of this paragraph have been read over to the officer by the master, and if they are not read over, the reason for not doing so.
The master in person
An officer other than the officer referred to in an entry under sub-paragraph (i) of this paragraph
29
A record of any re-rating (including promotion) of a seaman, with the date upon which the re-rating takes effect.
The master
A member of the crew
30
When a seaman employed under a crew agreement, approved by the Secretary of State, to which the National Maritime Board agreement on disciplinary procedures applies and which requires him to comply with the Code of Conduct, is alleged, before the master, to have committed one of the breaches of the Code specified in paragraphs 9 and 11 thereof,
a record of such of the following particulars as are relevant—
(a) the nature of the allegation;
(b) the name of the person against whom the allegation is made;
(c) that the master has read the allegation to the seaman;
(d) that the master has advised the seaman of his right to be accompanied by a friend who may advise him and speak on his behalf;
(e) (i) if the seaman admits the allegation, a statement that he admits it;
(ii) in any other case, a statement that the seaman does not admit the allegation;
(f) (i) any statement made by the seaman, or by his friend on behalf of the seaman, in answer to the allegation;
(ii) that he declines to make a statement in answer to the allegation;
(g) that the master has given a formal warning to the seaman;
(h) that the master has given a written reprimand to the seaman;
(i) that the master has informed the seaman that he will be dismissed from the ship either at the first opportunity or at the end of the voyage and that the matter will be referred to a shore-based disciplinary committee;
(j) that the seaman has been given, and has acknowledged receipt of, a copy of all entries made in the official log book relating to his breach of the code, together with a copy of any report made to a shore-based disciplinary committee.
The master
A member of the crew other than the seaman named in an entry under sub-paragraph (b) of this paragraph
31
Where a seaman is convicted by a legal tribunal of any offence committed in the ship during a voyage—
a record of the conviction and of the punishment inflicted.
The master
A member of the crew
32
Where, in the opinion of the master, consideration should be given to the prosecution of any person in respect of any conduct in the ship during a voyage (whether under the Merchant Shipping Acts or otherwise)—
a record—
(a) of the event;
(b) of the name of the person concerned;
(c) of any statement made by the person concerned to the master in respect of that event which that person wishes to be recorded; and
(d) that the entries made in pursuance of sub-paragraphs (a) to (c) of this paragraph have been read over by the master to the person concerned.
The master in person
A member of the crew other than the person named in an entry under sub-paragraph (b) of this paragraph
33
A record of any reduction in the scale of provisions or water to be provided for seamen employed in the ship specifying—
(a) the reduction made;
(b) the reason for the reduction; and
(c) the duration of the reduction.
The master
A member of the crew
34
Where a child is born in the ship or in one of the ship's boats—
a record of—
(a) (i) date of the birth;
(ii) if the birth takes place at sea, the position of the ship by latitude and longitude at the time of the birth and, in any other case, the place of birth;
(iii) name (if any) and surname of child; and
(iv) sex of child;
(b) (i) name and surname of father;
(ii) his usual residence;
(iii) his nationality; and
(iv) his occupation, rank or profession;
provided that, if the child is illegitimate, no particulars of the father shall be entered except at the joint request of the mother and of the person acknowledging himself to be the father, given to the master in writing and signed by both the mother and that person;
(c) (i) name and surname of mother;
(ii) her maiden surname;
(iii) her name at marriage, if different from maiden surname;
(iv) her usual residence; and
(v) her nationality; and
(d) the making of a return of the birth, identifying the person to whom the return was made.
The master in person
The mother of the child
35
Where any person dies in the ship or in a ship's boat or is lost from the ship or a ship's boat or where any person employed in the ship dies outside the United Kingdom—
a record of—
(a) the date of the death or loss;
(b) (i) if the death takes place in the ship or in a ship's boat or if the deceased is lost from the ship or a ship's boat, the place of death or the position of the ship or of the ship's boat by latitude and longitude at the time of the death or loss (as the case may require);
(ii) if the death or loss does not take place in or from the ship or in or from a ship's boat, the place of death;
(c) name and surname of deceased;
(d) sex of deceased;
(e) date of birth (if known) or age;
(f) if the deceased was a woman who has been married, her maiden surname (if known);
(g) occupation, rank or profession of deceased;
(h) usual residence of deceased at time of death or loss;
(i) his nationality;
The master in person (sub-paragraphs (a) to (i))
A member of the crew
(j) (i) cause of death or loss; and
The ship's doctor or, if there is no ship's doctor, the master in person (sub-paragraph (j)(i))
A member of the crew
(ii) if death not due to natural causes, circumstances of death or loss;
(k) if the deceased was lost from the ship or a ship's boat, the steps taken to rescue him;
(l) the making of a return of the death, identifying the person to whom the return was made; and
(m) the notification of the death to the deceased's next of kin, and the name and address of the next of kin.
The master in person (sub-paragraphs (j)(ii) to (m))
A member of the crew
36
In respect of a seaman dying while or after being employed in the ship—
a record of—
(a) whether he left any property (including money) on board the ship;
(b) all such property of which the master has taken charge in pursuance of regulation 2(2)(a) of the Property Regulations, specifying each item of such property;
(c) each item forming part of such property sold in pursuance of regulation 2(3)(a) of the Property Regulations, and the price received for it;
(d) each article forming part of such property destroyed or disposed of in pursuance of regulation 2(3)(b) of the Property Regulations, and the name of the person to whom disposal was made;
(e) each article forming part of such property delivered to any person in pursuance of regulation 2(4) of the Property Regulations, specifying the superintendent or proper officer to whom delivery was made, and the date, place and manner of delivery.
The master in person
A member of the crew
37
Where an inquiry into the cause of a death is required to be held under section 61 of the Act of 1970—
a record—
(a) of the name of the deceased and a reference to the relevant entry made under paragraph 35 of this Schedule;
The master (sub-paragraph (a))
None
(b) of either—
(i) the name of the superintendent or proper officer holding the inquiry and the date and the place at which the inquiry is held; or
The superintendent or proper officer holding the inquiry (sub-paragraph (b)(i))
None
(ii) that the inquiry was not held at the next port where the ship calls after the death and where there is a superintendent or proper officer.
The master (sub-paragraph (b)(ii))
None
38
Where a person employed in the ship falls ill or is injured—
a record of—
(a) the circumstances of the injury;
The master (sub-paragraph (a))
A member of the crew
(b) the nature of the illness or injury or the symptoms thereof;
(c) the treatment adopted; and
(d) the progress of the illness or injury.
The ship's doctor or (if there is no ship's doctor) the master (sub-paragraphs (b) to (d))
A member of the crew
PART IIEntries relating to ships to which the Disciplinary Offences Regulations 1972 apply
Column 1
Column 2
Column 3
Particulars of entry
Signatory
Witness
39
When a seaman is charged with a disciplinary offence under the Disciplinary Offences Regulations—
a record—
(a) if the offence is not to be dealt with by the master, of the name of the officer authorised under regulation 5(2) of the Disciplinary Offences Regulations to exercise the powers and duties of the master in respect of that offence;
(b) of the name of the seaman charged;
(c) of the charge;
(d) that the master or the officer referred to in sub-paragraph (a) of this paragraph has read the charge to the seaman;
(e) (i) if the seaman admits the charge, a statement that he admits it; or
(ii) in any other case, a statement that the seaman does not admit the charge;
(f) (i) particulars of any statement made by the seaman in answer to the charge; or
(ii) that he declines to make a statement in answer to the charge;
(g) the decision of the master or of the officer referred to in sub-paragraph (a)—
(i) as to whether or not he finds that the seaman has committed the offence charged; and
(ii) if he finds that the seaman has committed the offence, as to the amount of the fine which he is imposing for that offence or that he is imposing no fine.
The master or the officer named in an entry under sub-paragraph (a) of this paragraph
A member of the crew other than the seaman named in an entry under sub-paragraph (b) of this paragraph
40
If the master remits the whole or a part of a fine in accordance with the Disciplinary Offences Regulations, a record of the remission, referring to the relevant entry under paragraph 39 and stating the amount remitted and the reason for the remission.
The master
None
41
Where a seaman makes an appeal against a fine—
a record—
(a) of the date of receipt by the master of—
(i) the seaman's notice of appeal;
(ii) the seaman's withdrawal of the appeal (if any);
(b) that the appeal is to be heard at an intermediate port as defined in regulation 1(2) of the Disciplinary Offences Regulations;
The master (sub-paragraphs (a) and (b))
A member of the crew other than the seaman named in an entry under paragraph 39(b)
(c) (i) the date of receipt by a superintendent or proper officer of notice of the appeal;
(ii) the identity of the superintendent or proper officer receiving notice of the appeal;
(iii) the receipt by the superintendent or proper officer of the seaman's withdrawal of the appeal (if any);
(iv) the decision of the superintendent or proper officer, stating whether he confirms or quashes the decision of the master and whether he remits the whole or what part of the fine.
The superintendent or proper officer named in an entry under sub-paragraph (c)(ii) of this paragraph (sub-paragraph (c))
None
42
Where a fine has been imposed on a seaman for a disciplinary offence—
a record—
(a) that the amount of the fine so far as not remitted by the master or on appeal has been paid to a superintendent or proper officer—
(i) identifying the seaman on whom the fine was imposed;
(ii) specifying the amount paid;
(iii) identifying the superintendent or proper officer to whom the amount is paid;
The master in person (sub-paragraph (a))
None
(b) of the receipt by the superintendent or proper officer of the amount specified in the entry made in pursuance of sub-paragraph (a)(ii) of this paragraph.
The superintendent or proper officer receiving the amount (sub-paragraph (b))
None
PART IIIEntries relating to ships in respect of which a certificate has been issued under section 6 of the Merchant Shipping (Load Lines) Act 1967 and which are not exempted by regulation 3(d)
Column 1
Column 2
Column 3
Particulars of entry
Signatory
Witness
43
A record of—
(a) all the particulars stated in the Load Line Certificate issued under section 6 of the Act of 1967 currently in force in respect of the ship, relating to the freeboards assigned to the ship and the positions of deck-line and load lines;
(b) the draught which would be shown on the scales of feet on the stem and on the stern post of the ship if it were on an even keel and so loaded that the upper edge of the summer load line marked on each side on the ship were on the surface of the water.
The master
None
44
A record of—
(a) (i) the draughts shown on the scales referred to in paragraph 43(b);
(ii) the freeboard on each side of the ship; and
(iii) the mean freeboard;
taken in each case when the ship is ready to leave any dock, wharf, harbour or other place for the purpose of proceeding to sea;
(b) the density of the water in which the ship was when the particulars referred to in sub-paragraph (a) were taken;
(c) the allowances, if any, to be made in order to determine the mean freeboard which the ship will have when it first reaches salt water after leaving as aforesaid, being allowances in respect of—
(i) the density of the water in which the ship was when the particulars referred to in sub-paragraph (a) were taken;
(ii) the weight of any rubbish to be discharged overboard; and
(iii) the weight of fuel, water and stores required for consumption before the ship reaches salt water;
(d) the mean draught and mean free-board which the ship will have on reaching salt water, calculated after making the allowances referred to in sub-paragraph (c);
provided that—
(i) sub-paragraphs (c)(ii) and (iii) do not apply to a home trade ship nor to a ship going between locations in the Near Continental trading area; and
(ii) sub-paragraphs (b), (c) and (d) do not apply if, at the time when the particulars referred to in sub-paragraph (a) were taken, the load line indicating the maximum depth to which the ship could then be loaded in salt water was not submerged.
The master
An officer
In this paragraph—
“freeboard” means
the distance measured vertically downwards from the upper edge of the deck-line marked on the side of the ship to the surface of the water;
“mean freeboard” means the mean of the freeboards on each side of the ship; and
“mean draught” means the mean of the draughts shown on the scales of feet on the stem and on the stern post of the ship.
PART IVEntries relating to ships to which the Closing of Openings Regulations apply
Column 1
Column 2
Column 3
Particulars of entry
Signatory
Witness
45
A record of—
(a) the times of the last closing, before the ship proceeds to sea, of the watertight doors and other contrivances referred to in regulation 2 of the Closing and Openings Regulations, and of the next subsequent opening of such doors and contrivances;
(b) the times of the closing and opening, while the ship is at sea, of any watertight door which is fitted between bunkers in the between decks below the bulkhead deck as defined in those Regulations;
(c) whether the portable plates referred to in regulation 4 of those Regulations are in place when the ship proceeds to sea, and the times, if any, of the removal and replacement of such plates when the ship is at sea; and
(d) the occasions on which drills are practised and inspections made in compliance with the provisions of those Regulations, and whether the contrivances to which such drills and inspections relate are in good working order.
The master
An officer
EXPLANATORY NOTE
These Regulations revoke the Merchant Shipping (Official Log Book) Regulations 1972, as amended, and re-enact those provisions, with the following differences:
(1) entries are required to be made in respect of any drill, check and test of the ship's steering gear;
(2) entries are required to be made in respect of every notification to a proper officer that one qualified deck or marine engineer officer less than the required number is carried;
(3) the requirement on the master to read over to an officer an entry relating to an officer's incompetence or serious negligence now includes a requirement to state the reason if the entry is not read over.
The “Code of Conduct for the Merchant Navy” published by the National Maritime Board is obtainable from the office of the Board at 30-32 St. Mary Axe, London EC3A 8ET.
(1)
Section 68(5) was amended by the Merchant Shipping Act 1979 (c. 39), section 43(1) and Schedule 6, Part VI, paragraph 4.
(2)
See S.I. 1970/1537.
(3)
, amended by S.I. 1979/491.
(4)
, amended by S.I. 1974/2047, 1978/1754.
(5)
, amended by S.I. 1981/577.
(6)
, amended by S.I. 1981/578.
(7)
, amended by S.I. 1981/581.
(8)
See S.I. 1972/1871, amended by S.I. 1975/733, 1978/36.
