Merchant Shipping Act 1995

Link to law: http://www.legislation.gov.uk/ukpga/1995/21/contents

Introductory Text

PART I BRITISH SHIPS

1. British ships and United Kingdom ships.
2. British flag.
3. Offences relating to British character of ship.
4. Penalty for carrying improper colours.
5. Duty to show British flag.
6. Duty to declare national character of ship.
7. Proceedings on forfeiture of a ship.

Part II Registration

General

8. Central register of British ships.
9. Registration of ships: basic provisions.
10. Registration regulations.
11. Tonnage ascertained for registration to be tonnage of ship.
12. Tonnage of ships of foreign countries adopting tonnage regulations.
13. Status of certificate of registration.
14. Offences relating to a ship’s British connection.
15. Supplementary provisions as respects fishing vessels.
16. Private law provisions for registered ships and liability as owner.

Ships on bareboat charter
17. Ships bareboat chartered-in by British charterers.

Supplemental

18. Regulation of registration in British possessions by reference to categories of registries.
19. Tonnage regulations.
20. Proceedings on forfeiture of ship.
21. Disclosure of information relating to registration by other government departments.
22. Forgery of documents: Scotland.
23. Interpretation.

Part III Masters and Seamen

Application of Part
24. Application of this Part.

Engagement and discharge of crews

25. Crew agreements.
26. Regulations relating to crew agreements.
27. Discharge of seamen.
28. Seamen left behind abroad otherwise than on discharge.
29. Discharge of seamen when ship ceases to be registered in United Kingdom.

Wages etc.

30. Payment of seamen’s wages.
31. Account of seaman’s wages.
32. Regulations relating to wages and accounts.
33. Power of superintendent or proper officer to decide disputes about wages.
34. Restriction on assignment of and charge upon wages.
35. Power of court to award interest on wages due otherwise than under crew agreement.
36. Allotment notes.
37. Right of person named in allotment to sue in own name.
38. Right, or loss of right, to wages in certain circumstances.
39. Protection of certain rights and remedies.
40. Claims against seaman’s wages for maintenance, etc. of dependants.
41. Remedies of master for remuneration, disbursements and liabilities.

Safety, health and welfare

42. Obligation of shipowners as to seaworthiness.
43. Crew accommodation.
44. Complaints about provisions or water.
45. Expenses of medical and other treatment during voyage.

Manning, qualifications, training and uniform

46. Application of sections 47 to 51.
47. Manning.
48. Power to exempt from manning requirements.
49. Prohibition of going to sea undermanned.
50. Production of certificates and other documents of qualification.
51. Crew’s knowledge of English.
52. Unqualified persons going to sea as qualified officers or seamen.
53. Medical treatment on board ship.
54. Special certificates of competence.
55. Young persons.
56. Financial assistance for training.
57. Uniform.

Offences by seamen, etc

58. Conduct endangering ships, structures or individuals.
59. Concerted disobedience and neglect of duty.

Disciplinary offences
60. Breaches by seamen of codes of conduct.

Disqualification of seamen and inquiries

61. Inquiry into fitness or conduct of officer.
62. Disqualification of holder of certificate other than officer’s.
63. Inquiry into fitness or conduct of seaman other than officer.
64. Re-hearing of and appeal from inquiries.
65. Rules as to inquiries and appeals.
66. Failure to deliver cancelled or suspended certificate.
67. Power to restore certificate.
68. Power to summon witness to inquiry into fitness or conduct of officer or other seaman.
69. Procedure where inquiry into fitness or conduct of officer or other seaman is held by sheriff.

Civil liability of seamen for offences

70. Civil liability for absence without leave.
71. Civil liability for smuggling.
72. Civil liability for fines imposed under immigration laws.

Relief and repatriation and relief costs

73. Relief and return of seamen etc. left behind and shipwrecked.
74. Limit of employer’s liability under section 73.
75. Recovery of expenses incurred for relief and return, etc.
76. Financial assistance in respect of crew relief costs.

Documentation

77. Official log books.
78. Lists of crew.
79. British seamen’s cards.
80. Discharge books.
81. Handing over of documents by master.

Merchant Navy Reserve

82. Maintenance of Merchant Navy Reserve.
83. Supplementary provisions as respects the Reserve.

Interpretation
84. Interpretation.

Part IV Safety

Safety and Health on Ships

85. Safety and health on ships.
86. Provisions supplementary to section 85: general.
87. Provisions supplementary to section 85: dangerous goods.
88. Safety of submersible and supporting apparatus.

Special provisions

89. Load lines.
90. Charts and other information.
91. Report of dangers to navigation.

Assistance at sea

92. Duty of ship to assist the other in case of collision.
93. Duty to assist aircraft in distress.

Unsafe ships

94. Meaning of “dangerously unsafe ship”.
95. Power to detain dangerously unsafe ship.
96. References of detention notices to arbitration.
97. Compensation in connection with invalid detention of ship.
98. Owner and master liable in respect of dangerously unsafe ship.
99. Use of unsafe lighters, etc.
100. Owner liable for unsafe operation of ship.

Temporary exclusion zones

100A. Power to establish temporary exclusion zones.
100B. Temporary exclusion zones: offences

Power to require ships to be moved

100C. Power to require ships to be moved.
100D. Offences in relation to section 100C.
100E. Service of directions under section 100C.
100F. Requirements to be met by ships in respect of which trans-shipment licences in force.
100G. Failure to comply with prescribed standards in respect of ship in respect of which trans-shipment licence is in force.

Control of, and returns as to, persons on ships

101. Offences in connection with passenger ships.
102. Power to exclude drunken passengers from certain passenger ships.
103. Stowaways.
104. Unauthorised presence on board ship.
105. Master’s power of arrest.
106. Unauthorised persons: offences relating to safety.
107. Return to be furnished by masters of ships as to passengers.
108. Returns of births and deaths in ships, etc.

Part V Fishing Vessels

Chapter I Skipper and Seamen

Engagement and discharge of crews
109. Regulations relating to crew agreements.

Wages

110. Payments of seamen’s wages.
111. Regulations relating to wages: deductions.
112. Accounts of wages and catch.
113. Restriction on assignment of and charge upon wages.
114. Right, or loss of right, to wages in certain circumstances.

Safety, health and welfare
115. Hours of work.

Manning and qualifications
116. Production of crew certificates and other documents of qualification.

Offences by seamen

117. Drunkenness on duty.
118. Unauthorised liquor.
119. Disciplinary offences.

Exemptions
120. Power to grant exemptions from this Chapter.

Chapter II Safety

121. Fishing vessel construction rules.
122. Fishing vessel survey rules.
123. Fishing vessel certificates.
124. Provisions supplementary to section 123.
125. Prohibition on going to sea without appropriate certificate.
126. Notice of alterations.

Part VI Prevention of Pollution

Chapter I Pollution Generally

128. Prevention of pollution from ships etc.
129. Further provision for prevention of pollution from ships.
130. Regulation of transfers between ships in territorial waters.

Chapter IA Waste reception facilities at harbours

130A. General.
130B. Waste management plans.
130C. Charges for and use of waste reception facilities.
130D. Supplementary.
130E. Interpretation of Chapter IA.

Chapter II Oil Pollution

General provisions for preventing pollution

131. Discharge of oil from ships into certain United Kingdom waters.
132. Defences of owner or master charged with offence under section 131.
133. Defences of occupier charged with offence under section 131
134. Protection for acts done in exercise of certain powers of harbour authorities, etc.
135. Restrictions on transfer of oil at night.
136. Duty to report discharge of oil into waters of harbours.
136A. Discharges etc. authorised under other enactments.

Shipping casualties

137. Shipping casualties.
138. Right to recover in respect of unreasonable loss or damage.
138A.Application of sections 137 and 138 to pollution by substances other than oil.
139. Offences in relation to section 137.
140. Service of directions under section 137.
141. Application of sections 137 to 140 to certain foreign and other ships.

Enforcement

142. Oil records.
143. Prosecutions and enforcement of fines.
144. Power to detain ships for section 131 offences.
145. Interpretation of section 144
146. Enforcement and application of fines.
147. Enforcement of Conventions relating to oil pollution.

Miscellaneous and supplementary

148. Power of Secretary of State to grant exemptions.
149. Application to Government ships.
150. Annual Report.
151. Interpretation.

Chapter III Liability for Oil Pollution

Preliminary
152. Meaning of “the Liability Convention” and related expressions.

Liability

153. Liability for oil pollution in case of tankers.
154. Liability for oil pollution in case of other ships.
155. Exceptions from liability under sections 153 and 154.
156. Restriction of liability for oil pollution.

Limitation of liability

157. Limitation of liability under section 153.
158. Limitation actions.
159. Restriction on enforcement after establishment of limitation fund.
160. Concurrent liabilities of owners and others.
161. Establishment of limitation fund outside United Kingdom.
162. Extinguishment of claims.

Compulsory insurance

163. Compulsory insurance against liability for pollution.
164. Issue of certificate by Secretary of State.
165. Rights of third parties against insurers.

Supplementary

166. Jurisdiction of United Kingdom courts and registration of foreign judgments.
167. Government ships.
168. Limitation of liability under section 154.
169. Saving for recourse actions.
170. Interpretation.
171. Transitory text of this Chapter and power to make transitional provisions.

Chapter IV International Oil PollutionCompensation Fund

Preliminary
172. Meaning of the “Liability Convention”, “the Fund Convention” and related expressions.

Contributions to Fund

173. Contributions by importers of oil and others.
174. Power to obtain information.

Compensation for persons suffering pollution damage

175. Liability of the Fund.
176. Limitation of Fund’s liability under section 175.

Supplemental

177. Jurisdiction and effect of judgments.
178. Extinguishment of claims.
179. Subrogation.
180. Supplementary provisions as to proceedings involving the Fund.
181. Interpretation.
182. Transitory text of this Chapter and power to make transitional provisions.

Chapter V Carriage of hazardous and noxious substances

182A. Introductory.
182B. Power to give effect to Convention.
182C. Power of Secretary of State to make orders.

Part VII Liability of Shipowners and Others

Carriage of passengers and luggage by sea

183. Scheduled convention to have force of law.
184. Application of Schedule 6 to carriage within British Islands.

Limitation of liability of shipowners, etc and salvors for maritime claims

185. Limitation of liability for maritime claims.
186. Exclusion of liability.

Multiple fault; apportionment, liability and contribution

187. Damage or loss: apportionment of liability.
188. Loss of life or personal injuries: joint and several liability.
189. Loss of life or personal injuries: right of contribution.

Time limit for proceedings against owners or ship
190. Time limit for proceedings against owners or ship.

Limitation of liability of harbour, conservancy, dock and canal authorities
191. Limitation of liability.

Application to Crown and its ships
192. Application to Crown and its ships.

Regulations requiring insurance or security
192A. Compulsory insurance or security

Part VIII Lighthouses

Lighthouse authorities
193. General and local lighthouse authorities.

Information to Secretary of State
194. Returns and information to Secretary of State.

Functions of general lighthouse authorities

195. General function of management of lighthouses, etc.
196. Joint discharge of functions.
197. General powers of general lighthouse authority.
198. Inspection of local lighthouses.
199. Control of local lighthouse authorities.

Inspections by Secretary of State
200. Powers of inspection by Secretary of State.

Powers of harbour authorities as local lighthouse authorities
201. Powers of harbour authorities.

Transfers between general and local lighthouse authorities

202. General transfer of local lighthouses from general lighthouse authorities to harbour authorities.
203. Individual transfers of local lighthouses to harbour authorities.
204. Surrender of local lighthouses.

General light dues

205. Light dues leviable by general lighthouse authorities.
206. Information to determine light dues.
207. Recovery of general light dues.
208. Distress on ship for general light dues.
209. Receipt for general light dues and its production.

Local light dues
210. Light dues leviable by local lighthouse authorities.

Financial and administrative provisions

211. General Lighthouse Fund: expenses and receipts.
212. Establishments of general lighthouse authorities.
213. Estimates or accounts of expenses to Secretary of State.
214. Pension rights of certain employees.
215. Borrowing powers of general lighthouse authorities.
216. Limit on borrowings under section 215.
217. Guarantees by Secretary of State.
218. Accounts of general lighthouse authorities.

Offences in connection with lighthouses, buoys, beacons, etc.

219. Damage etc. to lighthouses etc.
220. Prevention of false lights.

Exemptions from taxes, duties, etc

221. Exemption from taxes, duties, rates etc.
222. Exemption from harbour dues.
222A. Disclosure of information to general lighthouse authorities.

Supplemental
223. Interpretation, etc.

Part IX Salvage and Wreck

Chapter 1 Salvage

224. Salvage Convention 1989 to have force of law.
225. Valuation of property by receiver.
226. Detention of property liable for salvage by receiver.
227. Sale of detained property by receiver.
228. Apportionment of salvage under £5,000 by the receiver.
229. Apportionment of salvage by the court.
230. Salvage claims against the Crown and Crown rights of salvage and regulation thereof.

Chapter II Wreck

Vessels in distress

231. Application of, and discharge of functions under, sections 232, 233 234 and 235.
232. Duty of receiver where vessel in distress.
233. Powers of receiver in case of vessel in distress.
234. Power to pass over adjoining land.
235. Liability for damage in case of plundered vessel.

Dealing with wreck

236. Duties of finder etc of wreck.
237. Provisions as respects cargo, etc.
238. Receiver to give notice of wreck.
239. Claims of owners to wreck.
240. Immediate sale of wreck in certain cases.

Unclaimed wreck

241. Right of Crown to unclaimed wreck.
242. Notice of unclaimed wreck to be given to persons entitled.
243. Disposal of unclaimed wreck.
244. Effect of delivery of wreck etc under this Part.

Offences in respect of wreck

245. Taking wreck to foreign port.
246. Interfering with wrecked vessel or wreck.
247. Powers of entry etc.

Chapter III Supplemental

Administration

248. Functions of Secretary of State as to wreck.
249. Expenses and fees of receivers.

Coastguard services
250. Remuneration for services of coastguard.

Release from customs and excise control
251. Release of goods from customs and excise control.

Removal of wrecks

252. Powers of harbour and conservancy authorities in relation to wrecks.
253. Powers of lighthouse authorities in relation to wrecks.
254. Referral of questions as to powers between authorities.

Interpretation
255. Interpretation.

Part X Enforcement Officers and Powers

Enforcement Officers

256. Appointment of inspectors and surveyors.
256A. Scottish officers

Inspection etc powers

257. Powers to require production of ships documents.
258. Powers to inspect ships and their equipment, etc.
259. Powers of inspectors in relation to premises and ships.
260. Provisions supplementary to section 259.

Improvement notices and prohibition notices

261. Improvement notices.
262. Prohibition notices.
263. Provisions supplementary to sections 261 and 262.
264. References of notices to arbitration.
265. Compensation in connection with invalid prohibition notices.
266. Offences.

Part XI Accident Investigations and Inquiries

Marine accident investigations

267. Investigation of marine accidents.
268. Formal investigation into marine accidents.
269. Re-hearing of and appeal from investigations.
270. Rules as to investigations and appeals.

Inquiries into and reports on deaths and injuries

271. Inquiries into deaths of crew members and others.
272. Reports of and inquiries into injuries.
273. Transmission of particulars of certain deaths on ships.

Part XII Legal Proceedings

Prosecution of offences

274. Time limit for summary offences.
275. Time limit for summary orders.
276. Summary offences: Scotland.
277. Offences by officers of bodies corporate.
277A.Accessories and abettors
278. Offences by partners, etc. in Scotland.

Jurisdiction

279. Jurisdiction in relation to offences.
280. Jurisdiction over ships lying off coasts.
281. Jurisdiction in case of offences on board ship.
282. Offences committed by British seamen.

Return of offenders
283. Return of offenders.

Detention of ship and distress on ship

284. Enforcing detention of ship.
285. Sums ordered to be paid leviable by distress on the ship.

Special evidential provisions

286. Depositions of persons abroad admissible.
287. Admissibility in evidence and inspection of certain documents.
288. Admissibility of documents in evidence.
289. Inspection and admissibility in evidence of copies of certain documents.
290. Proof, etc of exemptions.

Service of documents
291. Service of documents.

Part XIII Supplemental

Administration

292. General functions of Secretary of State.
293. Functions of Secretary of State in relation to marine pollution.
294. General power to dispense.
295. Registrar General of Shipping and Seamen.
296. Mercantile marine superintendents.
297. Wreck commissioners, etc.
298. Transmission of documents to Registrar General.
299. Returns, etc to Secretary of State.
300. Forms.
301. Advisory committees.

Financial Provisions

302. Fees.
302A. Funding of maritime services.
303. Expenses of Commissioners of Customs and Excise.
304. Expenses charged on money provided by Parliament.
305. Payments to be made into Consolidated Fund.

Subordinate Legislation
306. Regulations, rules and orders, etc.

Application of Act to certain descriptions of ships, etc.

307. Application of Act to non-United Kingdom ships.
308. Application of Act to government ships.
309. Application of Act to ships chartered by demise to the Crown.
310. Application of Act to hovercraft.
311. Application of Act to certain structures, etc.

Special provisions for Scots law
312. Special provisions for Scots law.

Final provisions

313. Definitions.
313A. Meaning of “qualifying foreign ship”.
314. Repeals, consequential amendments and transitional provisions.
315. Extent and application.
316. Short title and commencement.

SCHEDULES

SCHEDULE 1
Private Law Provisions for registered ships

General
1.(1) Subject to any rights and powers appearing from the...

Transfers etc of registered ships

2.(1) Any transfer of a registered ship, or a share...
3.(1) Where a registered ship, or a share in a...
4.(1) Where the property in a registered ship or share...
5.(1) Where any court (whether under paragraph 4 above or...
6.(1) The High Court or in Scotland the Court of...

Mortgages of registered ships
7.(1) A registered ship, or share in a registered ship,...

Priority of registered mortgages
8.(1) Where two or more mortgages are registered in respect...

Registered mortgagee’s power of sale
9.(1) Subject to sub-paragraph (2) below, every registered mortgagee shall...

Protection of registered mortgagees
10.Where a ship or share is subject to a registered...

Transfer of registered mortgage
11.(1) A registered mortgage may be transferred by an instrument...

Transmission of registered mortgage by operation of law
12.Where the interest of a mortgagee in a registered mortgage...

Discharge of registered mortgage
13.Where a registered mortgage has been discharged, the registrar shall,...

Definitions
14.In this Schedule— “mortgage” shall be construed in accordance with...

SCHEDULE 2
Regulations Relating to Submersible and Supporting Apparatus

1.(1) In this Schedule “regulations” means regulations made under section...

Registration of submersible apparatus
2.Regulations made by virtue of section 88(2)(e) of this Act...

Offences
3.(1) Subject to sub-paragraph (2) below, regulations—

Exemptions from regulations
4.(1) The operation of any regulations may be excluded in...

General
5.Regulations— (a) may provide for their operation anywhere outside the...

SCHEDULE 3

General Provisions

Ships to which Schedule applies
1.This Schedule applies to all ships except—

Load Line rules
2.(1) The Secretary of State shall make rules in accordance...

United Kingdom ships Compliance with load line rules

3.(1) Subject to any exemption conferred by or under this...

Submersion of load lines
4.(1) Where a United Kingdom ship to which this Schedule...

Miscellaneous offences in relation to marks
5.Where a United Kingdom ship to which this Schedule applies...

Issue of load line certificates
6.(1) Where a United Kingdom ship to which this Schedule...

Effect of load line certificate
7.Where a certificate, issued in pursuance of paragraph 6 and...

Duration, endorsement and cancellation of load line certificates
8.(1) The load line rules shall make provision for determining...

Ships not to proceed to sea without load line certificate
9.(1) Subject to any exemption conferred by or under this...

Publication of load line certificate and entry of particulars in official log book
10.(1) Where a certificate is issued in respect of a...

Inspection of ships
11.A ship surveyor or engineer surveyor may inspect any United...

Non-United Kingdom ships Valid Convention certificates

12.(1) This paragraph applies to any non-United Kingdom ship to...

Compliance with load line rules
13.(1) Subject to sub-paragraph (2) below, and to any exemption...

Submersion of load lines
14.(1) Where a non-United Kingdom ship to which this Schedule...

United Kingdom load line certificates
15.(1) Where a non-United Kingdom ship to which this Schedule...

Production of certificate to customs and excise officer
16.(1) Subject to any exemption conferred by or under this...

Provisions as to inspection
17.(1) Subject to the following provisions of this paragraph, a...

Exemptions Power to make exemption orders

18.(1) If in the opinion of the Secretary of State...

Further powers to exempt ships
19.(1) In this paragraph any reference to exempting a ship...

Issue of exemption certificates
20.(1) Where the Secretary of State exempts a ship under...

Duration and termination of exemptions, and duration, endorsement and cancellation of exemption certificates
21.(1) The load line rules shall make provision for determining...

International Load Line Exemption Certificates
22.(1) The load line rules shall make such provision as...

Subdivision load lines and deck cargo Subdivision load lines

23.(1) Where in pursuance of safety regulations a United Kingdom...

Deck cargo
24.(1) The Secretary of State shall make regulations (in this...

Miscellaneous provisions Notice to consular officer of proceedings against foreign ships

25.(1) Where any non-United Kingdom ship is detained under this...

Delivery up of certificates
26.(1) The Secretary of State may require any certificate which...

Penalty for false statements etc.
27.(1) If any person intentionally makes, or assists in making,...

Admissibility of certificates in evidence
28.Any certificate issued under this Schedule shall be admissible in...

Convention countries
29.(1) Her Majesty, if satisfied— (a) that the Government of...

Orders, rules and regulations
30.Any Order in Council, order, rules or regulations made under...

Interpretation
31.(1) In this Schedule, except in so far as the...

SCHEDULE 4
Prevention of Oil Pollution: Transitory Provisions

Chapter III Liability for Oil Pollution (1) In this Chapter— “the Liability Convention” means the International...

Chapter III Liability for Oil Pollution

152.(1) In this Chapter— “the Liability Convention” means the International...

Liability

153. Liability for oil pollution in case of tankers.
154. Liability for oil pollution in case of other ships.
155. Exceptions from liability under section 153.
155A. Exceptions from liability under section 154.
156. Restriction of liability for oil pollution.
156A. Restriction of liability for oil pollution from ship within section 154.

Limitation of liability

157. Limitation of liability under section 153.
158. Limitation actions.
159. Restriction on enforcement after establishment of limitation fund.
160. Concurrent liabilities of owners and others.
161. Establishment of limitation fund outside United Kingdom.
162. Extinguishment of claims.

Compulsory insurance

163. Compulsory insurance against liability for pollution.
164. Issue of certificate by Secretary of State.
165. Rights of third parties against insurers.

Supplementary

166. Jurisdiction of United Kingdom courts and registration of foreign judgments.
167. Government ships.
168. Limitation of liability under section 154.
169. Saving for recourse actions.
170. Interpretation.

Chapter IV International Oil Pollution

Compensation Fund

Preliminary
172. Meaning of “Liability Convention”, “the Fund Convention” and related expressions.

Contributions to Fund

173. Contributions by importers of oil and others.
174. Power to obtain information.

Compensation for persons suffering pollution damage

175. Liability of the Fund.
176. Limitation of Fund’s liability under section 175.

Indemnification of shipowners
176A. Indemnification where damage is caused by ship registered in Fund Convention country.

Supplemental

177. Jurisdiction and effect of judgments.
178. Extinguishment of claims.
179. Subrogation.
181. Interpretation.

SCHEDULE 5
Overall Limit on Liability of Fund

Part I Permanent provision

Article 4 — paragraphs 4 and 5

4.(a) Except as otherwise provided in sub-paragraphs (b) and (c)...
5.Where the amount of established claims against the Fund exceeds...

Part II Transitory Provision

Article 4 — paragraphs 4, 5 and 6

4.(a) Except as otherwise provided in sub-paragraph (b) of this...
5.Where the amount of established claims against the Fund exceeds...
6.The Assembly of the Fund (hereinafter referred to as “the...

SCHEDULE 5A

Text of International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea

The States parties to the present Convention,
Conscious of the dangers posed by the world-wide carriage by...
Convinced of the need to ensure that adequate, prompt and...
Desiring to adopt uniform international rules and procedures for determining...
Considering that the economic consequences of damage caused by the...
Have agreed as follows:

Chapter I GENERAL PROVISIONS

Definitions

Article 1

For the purposes of this Convention:
1. “ Ship ” means any seagoing vessel and seaborne...
2. “ Person ” means any individual or partnership or...
3. “ Owner ” means the person or persons registered...
4. “ Receiver ” means either: (a) the person who...
5. “Hazardous and noxious substances” (HNS) means: (a) any substances,...
(i) oils carried in bulk listed in appendix I of...
(ii) noxious liquid substances carried in bulk referred to in...
(iii) dangerous liquid substances carried in bulk listed in chapter...
(iv) dangerous, hazardous and harmful substances, materials and articles in...
(v) liquefied gases as listed in chapter 19 of the...
(vi) liquid substances carried in bulk with a flashpoint not...
(vii) solid bulk materials possessing chemical hazards covered by appendix...
6. “ Damage ” means: (a) loss of life or...
Where it is not reasonably possible to separate damage caused...
In this paragraph, “ caused by those substances ” means...
7. “ Preventive measures ” means any reasonable measures taken...
8. “ Incident ” means any occurrence or series of...
9. “ Carriage by sea ” means the period from...
10. “ Contributing cargo ” means any hazardous and noxious...
11. The “ HNS Fund ” means the International Hazardous...
12. “ Unit of account ” means the Special Drawing...
13. “ State of the ship’s registry ” means in...
14. “ Terminal ” means any site for the storage...
15. “ Director ” means the Director of the HNS...
16. “ Organization ” means the International Maritime Organization.
17. “ Secretary-General ” means the Secretary-General of the Organization....

Annexes

Article 2
The Annexes to this Convention shall constitute an integral part...

Scope of application

Article 3
This Convention shall apply exclusively: (a) to any damage caused...

Article 4

1. This Convention shall apply to claims, other than claims...
2. This Convention shall not apply to the extent that...
3. This Convention shall not apply: (a) to pollution damage...
4. Except as provided in paragraph 5, the provisions of...
5. A State Party may decide to apply this Convention...
6. With respect to ships owned by a State Party...

Article 5

1. A State may, at the time of ratification, acceptance,...
2. Where two neighbouring States agree that this Convention does...
3. Any State which has made the declaration under paragraph...
4. A declaration made under paragraph 1 or 2, and...
5. Where a State has made a declaration under paragraph...
6. The HNS Fund is not liable to pay compensation...

Duties of State Parties

Article 6
Each State Party shall ensure that any obligation arising under...

Chapter II LIABILITY

Liability of the owner

Article 7

1. Except as provided in paragraphs 2 and 3, the...
2. No liability shall attach to the owner if the...
provided that neither the owner nor its servants or agents...
3. If the owner proves that the damage resulted wholly...
4. No claim for compensation for damage shall be made...
5. Subject to paragraph 6, no claim for compensation for...
unless the damage resulted from their personal act or omission,...
6. Nothing in this Convention shall prejudice any existing right...

Incidents involving two or more ships

Article 8

1. Whenever damage has resulted from an incident involving two...
2. However, owners shall be entitled to the limits of...
3. Nothing in this article shall prejudice any right of...

Limitation of liability

Article 9

1. The owner of a ship shall be entitled to...
for each unit of tonnage in excess of 50,000 units...
provided, however, that this aggregate amount shall not in any...
2. The owner shall not be entitled to limit liability...
3. The owner shall, for the purpose of benefitting from...
4. Subject to the provisions of article 11, the fund...
5. If before the fund is distributed the owner or...
6. The right of subrogation provided for in paragraph 5...
7. Where owners or other persons establish that they may...
8. Claims in respect of expenses reasonably incurred or sacrifices...
9. (a) The amounts mentioned in paragraph 1 shall be...
10. For the purpose of this article the ship’s tonnage...
11. The insurer or other person providing financial security shall...

Article 10

1. Where the owner, after an incident, has constituted a...
2. The foregoing shall, however, only apply if the claimant...

Death and injury

Article 11
Claims in respect of death or personal injury have priority...

Compulsory insurance of the owner

Article 12

1. The owner of a ship registered in a State...
2. A compulsory insurance certificate attesting that insurance or other...
3. The compulsory insurance certificate shall be in the official...
4. The compulsory insurance certificate shall be carried on board...
5. An insurance or other financial security shall not satisfy...
6. The State of the ship’s registry shall, subject to...
7. Compulsory insurance certificates issued or certified under the authority...
8. Any claim for compensation for damage may be brought...
9. Any sums provided by insurance or by other financial...
10. A State Party shall not permit a ship under...
11. Subject to the provisions of this article, each State...
12. If insurance or other financial security is not maintained...

Chapter III COMPENSATION BY THE INTERNATIONAL HAZARDOUS AND NOXIOUS SUBSTANCES FUND (HNS FUND)

Establishment of the HNS Fund

Article 13

1. The International Hazardous and Noxious Substances Fund (HNS Fund)...
2. The HNS Fund shall in each State Party be...

Compensation

Article 14

1. For the purpose of fulfilling its function under article...
2. Expenses reasonably incurred or sacrifices reasonably made by the...
3. The HNS Fund shall incur no obligation under the...
4. If the HNS Fund proves that the damage resulted...
5. (a) Except as otherwise provided in subparagraph (b), the...
6. Where the amount of established claims against the HNS...
Claims in respect of death or personal injury shall have...
7. The Assembly of the HNS Fund may decide that,...

Related tasks of the HNS Fund

Article 15

For the purpose of fulfilling its function under article 13,...
Expenditure: (i) costs and expenses of the administration of the...
Income: (iii) surplus funds from operations in preceding years, including...

General provisions on contributions

Article 16

1. The HNS Fund shall have a general account, which...
2. The HNS Fund shall, subject to article 19, paragraphs...
3. There shall be initial contributions and, as required, annual...
4. Contributions to the HNS Fund shall be made into...
5. For the purposes of article 18, article 19, paragraph...
6. “ Associated person ” means any subsidiary or commonly...

General provisions on annual contributions

Article 17

1. Annual contributions to the general account and to each...
2. Annual contributions payable pursuant to articles 18, 19 and...
3. The Assembly shall decide the total amount of annual...
4. The Assembly may also levy annual contributions for administrative...
5. The Assembly shall also decide on the distribution between...

Annual contributions to the general account

Article 18

1. Subject to article 16, paragraph 5, annual contributions to...
2. Annual contributions shall also be payable to the general...

Annual contributions to separate accounts

Article 19

1. Subject to article 16, paragraph 5, annual contributions to...
2. Subject to paragraph 3, the separate accounts referred to...
3. The initial operation of a separate account referred to...
4. The Assembly may suspend the operation of a separate...
5. The Assembly may reinstate the operation of a separate...
6. Any person who would be liable to pay contributions...

Initial contributions

Article 20

1. In respect of each State Party, initial contributions shall...
2. The fixed sum and the units for the different...
3. Initial contributions shall be paid within three months following...

Reports

Article 21

1. Each State Party shall ensure that any person liable...
2. For the purposes set out in paragraph 1, each...
3. For the purposes of ascertaining who are, at any...
4. Where a State Party does not fulfil its obligations...
5. In respect of contributing cargo carried from one port...

Non-payment of contributions

Article 22

1. The amount of any contribution due under articles 18,...
2. Where a person who is liable to pay contributions...

Optional liability of States Parties for the payment of contributions

Article 23

1. Without prejudice to article 21, paragraph 5, a State...
2. Where a declaration under paragraph 1 is made prior...
3. A declaration under paragraph 1 which is made after...
4. A declaration made in accordance with this article may...
5. Any State which is bound by a declaration made...

Organization and administration

Article 24
The HNS Fund shall have an Assembly and a Secretariat...

Assembly

Article 25
The Assembly shall consist of all States Parties to this...

Article 26
The functions of the Assembly shall be: (a) to elect...

Article 27

1. Regular sessions of the Assembly shall take place once...
2. Extraordinary sessions of the Assembly shall be convened by...

Article 28
A majority of the members of the Assembly shall constitute...

Secretariat

Article 29

1. The Secretariat shall comprise the Director and such staff...
2. The Director shall be the legal representative of the...

Article 30

1. The Director shall be the chief administrative officer of...
Subject to the instructions given by the Assembly, the Director...
2. The Director shall in particular: (a) appoint the personnel...

Article 31
In the performance of their duties the Director and the...

Finances

Article 32

1. Each State Party shall bear the salary, travel and...
2. Any other expenses incurred in the operation of the...

Voting

Article 33
The following provisions shall apply to voting in the Assembly:...

Article 34
The following decisions of the Assembly shall require a two-thirds...

Tax exemptions and currency regulations

Article 35

1. The HNS Fund, its assets, income, including contributions, and...
2. When the HNS Fund makes substantial purchases of movable...
3. No exemption shall be accorded in the case of...
4. The HNS Fund shall enjoy exemption from all customs...
5. Persons contributing to the HNS Fund as well as...
6. Notwithstanding existing or future regulations concerning currency or transfers,...

Confidentiality of information

Article 36
Information relating to individual contributors supplied for the purpose of...

Chapter IV CLAIMS AND ACTIONS

Limitation of actions

Article 37

1. Rights to compensation under chapter II shall be extinguished...
2. Rights to compensation under chapter III shall be extinguished...
3. In no case, however, shall an action be brought...
4. Where the incident consists of a series of occurrences,...

Jurisdiction in respect of action against the owner

Article 38

1. Where an incident has caused damage in the territory,...
2. Where an incident has caused damage exclusively outside the...
3. Reasonable notice of any action taken under paragraph 1...
4. Each State Party shall ensure that its courts have...
5. After a fund under article 9 has been constituted...

Jurisdiction in respect of action against the HNS Fund or taken by the HNS Fund

Article 39

1. Subject to the subsequent provisions of this article, any...
2. In the event that the ship carrying the hazardous...
3. Each State Party shall ensure that its courts have...
4. Where an action for compensation for damage has been...
5. Each State Party shall ensure that the HNS Fund...
6. Except as otherwise provided in paragraph 7, the HNS...
7. Without prejudice to the provisions of paragraph 5, where...

Recognition and enforcement

Article 40

1. Any judgement given by a court with jurisdiction in...
2. A judgement recognized under paragraph 1 shall be enforceable...
3. Subject to any decision concerning the distribution referred to...

Subrogation and recourse

Article 41

1. The HNS Fund shall, in respect of any amount...
2. Nothing in this Convention shall prejudice any rights of...
3. Without prejudice to any other rights of subrogation or...

Supersession clause

Article 42
This Convention shall supersede any convention in force or open...

Chapter V TRANSITIONAL PROVISIONS

Information on contributing cargo

Article 43
When depositing an instrument referred to in article 45, paragraph...

First session of the Assembly

Article 44
The Secretary-General shall convene the first session of the Assembly....

Chapter VI FINAL CLAUSES

Signature, ratification, acceptance, approval and accession

Article 45

1. This Convention shall be open for signature at the...
2. States may express their consent to be bound by...
3. Ratification, acceptance, approval or accession shall be effected by...

Entry into force

Article 46

1. This Convention shall enter into force eighteen months after...
2. For a State which expresses its consent to be...

Revision and amendment

Article 47

1. A conference for the purpose of revising or amending...
2. The Secretary-General shall convene a conference of the States...
3. Any consent to be bound by this Convention expressed...

Amendment of limits

Article 48

1. Without prejudice to the provisions of article 47, the...
2. Upon the request of at least one half, but...
3. Any amendment proposed and circulated as above shall be...
4. All Contracting States, whether or not Members of the...
5. Amendments shall be adopted by a two-thirds majority of...
6. When acting on a proposal to amend the limits,...
7. (a) No amendment of the limits under this article...
8. Any amendment adopted in accordance with paragraph 5 shall...
The amendment shall be deemed to have been accepted at...
9. An amendment deemed to have been accepted in accordance...
10. All Contracting States shall be bound by the amendment,...
11. When an amendment has been adopted but the eighteen...

Article 49

1. This Convention may be denounced by any State Party...
2. Denunciation shall be effected by the deposit of an...
3. Denunciation shall take effect twelve months, or such longer...
4. Notwithstanding a denunciation by a State Party pursuant to...

Extraordinary sessions of the Assembly

Article 50

1. Any State Party may, within ninety days after the...
2. The Director may take the initiative to convene an...
3. If the Assembly, at an extraordinary session, convened in...

Cessation

Article 51

1. This Convention shall cease to be in force: (a)...
Notwithstanding (b), if the total quantity of contributing cargo to...
2. States which are bound by this Convention on the...

Winding up of the HNS Fund

Article 52

1. If this Convention ceases to be in force, the...
2. The Assembly shall take all appropriate measures to complete...
3. For the purposes of this article the HNS Fund...

Depositary

Article 53

1. This Convention and any amendment adopted under article 48...
2. The Secretary-General shall:
(a) inform all States which have signed this Convention or...
(i) each new signature or deposit of an instrument of...
(ii) the date of entry into force of this Convention;...
(iii) any proposal to amend the limits on the amounts...
(iv) any amendment which has been adopted in accordance with...
(v) any amendment deemed to have been accepted under article...
(vi) the deposit of any instrument of denunciation of this...
(vii) any communication called for by any article in this...
(b) transmit certified true copies of this Convention to all...
3. As soon as this Convention enters into force, a...

Languages

Article 54
This Convention is established in a single original in the...

SCHEDULE 6
Convention Relating to the Carriage of Passengers and Their Luggage by Sea

Part I Text of Convention

Article 1

Definitions

In this Convention the following expressions have the meaning hereby...
1.(a) “carrier” means a person by or on behalf of...
2.“contract of carriage” means a contract made by or on...
3.“ship” means only a seagoing vessel, excluding an air-cushion vehicle;...
4.“passenger” means any person carried in a ship,
5.“luggage” means any article or vehicle carried by the carrier...
6.“cabin luggage” means luggage which the passenger has in his...
7.“loss of or damage to luggage” includes pecuniary loss resulting...
8.“carriage” covers the following periods: (a) with regard to the...
9.“international carriage” means any carriage in which, according to the...

Article 2

Application

1.This Convention shall apply to any international carriage if:
2.Notwithstanding paragraph 1 of this Article, this Convention shall not...

Article 3

Liability of the carrier

1.The carrier shall be liable for the damage suffered as...
2.The burden of proving that the incident which caused the...
3.Fault or neglect of the carrier or of his servants...

Article 4

Performing carrier

1.If the performance of the carriage or part thereof has...
2.The carrier shall, in relation to the carriage performed by...
3.Any special agreement under which the carrier assumes obligations not...
4.Where and to the extent that both the carrier and...
5.Nothing in this Article shall prejudice any right of recourse...

Article 5

Valuables
The carrier shall not be liable for the loss of...

Article 6

Contributory fault
If the carrier proves that the death of or personal...

Article 7

Limit of liability for personal injury

1.The liability of the carrier for the death of or...
2.Notwithstanding paragraph 1 of this Article, the national law of...

Article 8

Limit of liability for loss of or damage to luggage

1.The liability of the carrier for the loss of or...
2.The liability of the carrier for the loss of or...
3.The liability of the carrier for the loss of or...
4.The carrier and the passenger may agree that the liability...

Article 9

Unit of account and conversion
The Unit of Account mentioned in this Convention is the...

Article 10

Supplementary provisions on limits of liability

1.The carrier and the passenger may agree, expressly and in...
2.Interest on damages and legal costs shall not be included...

Article 11

Defences and limits for carriers’ servants
If an action is brought against a servant or agent...

Article 12

Aggregation of claims

1.Where the limits of liability prescribed in Articles 7 and...
2.In relation to the carriage performed by a performing carrier,...
3.In any case where a servant or agent of the...

Article 13

Loss of right to limit liability

1.The carrier shall not be entitled to the benefit of...
2.The servant or agent of the carrier or of the...

Article 14

Basis for claims
No action for damages for the death of or personal...

Article 15

Notice of loss or damage to luggage

1.The passenger shall give written notice to the carrier or...
2.If the passenger fails to comply with this Article, he...
3.The notice in writing need not be given if the...

Article 16

Time-bar for actions

1.Any action for damages arising out of the death of...
2.The limitation period shall be calculated as follows:
3.The law of the court seized of the case shall...
4.Notwithstanding paragraphs 1, 2 and 3 of this Article, the...

Article 17

Competent jurisdiction

1.An action arising under this Convention shall, at the option...
2.After the occurrence of the incident which has caused the...

Article 18

Invalidity of contractual provisions
Any contractual provision concluded before the occurrence of the incident...

Article 19

Other conventions on limitation of liability
This Convention shall not modify the rights or duties of...

Article 20

Nuclear damage
No liability shall arise under this Convention for damage caused...

Article 21

Commercial carriage by public authorities
This Convention shall apply to commercial carriage undertaken by States...

Part II Provisions having effect in connection with Convention

Interpretation
1.In this Part of this Schedule any reference to a...

Provisions adapting or supplementing specified articles of the Convention

2.For the purposes of paragraph 2 of article 2, provisions...
3.The reference to the law of the court in article...
4.The Secretary of State may by order provide that, in...
5.(1) For the purpose of converting from special drawing rights...
6.It is hereby declared that by virtue of article 12...
7.Article 16 shall apply to arbitral proceedings as it applies...
8.The court before which proceedings are brought in pursuance of...

Other provisions adapting or supplementing the Convention

9.Any reference in the Convention to a contract of carriage...
10.If Her Majesty by Order in Council declares that any...
11.The Secretary of State may by order make provision—

Application of ss. 185 and 186 of this Act

12.It is hereby declared that nothing in the Convention affects...
13.Nothing is section 186 of this Act (which among other...

SCHEDULE 7
Convention on Limitation of Liability for Maritime Claims 1976

Part I Text of Convention

Chapter I. The Right of Limitation

Article 1

Persons entitled to limit liability

1.Shipowners and salvors, as hereinafter defined, may limit their liability...
2.The term “shipowner” shall mean the owner, charterer, manager or...
3.Salvor shall mean any person rendering services in direct connection...
4.If any claims set out in Article 2 are made...
5.In this Convention the liability of a shipowner shall include...
6.An insurer of liability for claims subject to limitation in...
7.The act of invoking limitation of liability shall not constitute...

Article 2

Claims subject to limitation

1.Subject to Articles 3 and 4 the following claims, whatever...
2.Claims set out in paragraph 1 shall be subject to...

Article 3

Claims excepted from limitation
The rules of this Convention shall not apply to: (a)...

Article 4

Conduct barring limitation
A person liable shall not be entitled to limit his...

Article 5

Counterclaims
Where a person entitled to limitation of liability under the...

Chapter II. Limits of Liability

Article 6

The general limits

1.The limits of liability for claims other than those mentioned...
2.Where the amount calculated in accordance with paragraph 1(a) is...
4.The limits of liability for any salvor not operating from...

Article 7

The limit for passenger claims

1.In respect of claims arising on any distinct occasion for...
2.For the purpose of this Article “claims for loss of...

Article 8

Unit of Account
The Unit of Account referred to in Articles 6 and...

Article 9

Aggregation of claims

1.The limits of liability determined in accordance with Article 6...
2.The limits of liability determined in accordance with Article 7...

Article 10

Limitation of liability without constitution of a limitation fund

1.Limitation of liability may be invoked notwithstanding that a limitation...
2.If limitation of liability is invoked without the constitution of...
3.Questions of procedure arising under the rules of this Article...

Chapter III. The Limitation Fund

Article 11

Constitution of the Fund

1.Any person alleged to be liable may constitute a fund...
2.A fund may be constituted, either by depositing the sum,...
3.A fund constituted by one of the persons mentioned in...

Article 12

Distribution of the fund

1.Subject to the provisions of paragraphs 1 and 2 of...
2.If, before the fund is distributed, the person liable, or...
3.The right of subrogation provided for in paragraph 2 may...
4.Where the person liable or any other person establishes that...

Article 13

Bar to other actions

1.Where a limitation fund has been constituted in accordance with...
2.After a limitation fund has been constituted in accordance with...
3.The rules of paragraphs 1 and 2 shall apply only...

Article 14

Governing law
Subject to the provisions of this Chapter the rules relating...

Chapter IV. Scope of Application

Article 15
2.A State Party may regulate by specific provisions of national...

ARTICLE 18 Reservations
1.Any State may, at the time of signature, ratification, acceptance,...

Part II Provisions having effect in connection with Convention

Interpretation
1.In this Part of this Schedule any reference to a...

Right to limit liability

2.Subject to paragraph 6 below,the right to limit liability under...
2A.Paragraph 1(a) of article 2 shall have effect as if...

Claims subject to limitation
3.(1) Paragraph 1(d) of article 2 shall not apply unless...

Claims excluded from limitation
4.(1) Claims for Damages within the meaning of the international...

The general limits
5.(1) In the application of article 6 to a ship...

Limit for passenger claims
6.(1) Article 7 shall not apply in respect of any...

Units of Account
7.(1) For the purpose of converting the amounts mentioned in...

Constitution of fund
8.(1) The Secretary of State may, with the concurrence of...

Distribution of fund
9.No lien or other right in respect of any ship...

Bar to other actions
10.Where the release of a ship or other property is...

Meaning of “court”
11.References in the Convention and the preceding provisions of this...

Meaning of “ship”
12.References in the Convention and in the preceding provisions of...

Meaning of “State Party”
13.An Order in Council made for the purposes of this...

SCHEDULE 8
Commissioners of Northern Lighthouses

1.(1) The Commissioners of Northern Lighthouses shall continue to exist...
2.(1) The Commissioners may elect, as members of their body,...
3.A person appointed by the Secretary of State under paragraph...
4.(1) Any five of the Commissioners shall constitute a quorum....
5.In this Schedule “council” means a council constituted under section...

SCHEDULE 9

1.(1) Before such date as may be specified in a...
2.(1) The proposals submitted by each general lighthouse authority shall—...
3.Before submitting any proposals under paragraph 1 above a general...
4.(1) The Secretary of State may make such modifications of...
5.On such day as the Secretary of State may by...

SCHEDULE 10
Local Light Dues: Objections
The modifications to which section 31 of the Harbours Act...

SCHEDULE 11
International Convention on Salvage 1989

Part I Text of Convention

Chapter I — General Provisions

Article 1

Definitions
For the purpose of this Convention— (a) Salvage operation means...

Article 2

Application of the Convention
This Convention shall apply whenever judicial or arbitral proceedings relating...

Article 3

Platforms and drilling units
This Convention shall not apply to fixed or floating platforms...

Article 4

State-owned vessels

1.Without prejudice to article 5, this Convention shall not apply...
2.Where a State Party decides to apply the Convention to...

Article 5

Salvage operations controlled by public authorities

1.This Convention shall not affect any provisions of national law...
2.Nevertheless, salvors carrying out such salvage operations shall be entitled...
3.The extent to which a public authority under a duty...

Article 6

Salvage contracts

1.This Convention shall apply to any salvage operations save to...
2.The master shall have the authority to conclude contracts for...
3.Nothing in this article shall affect the application of article...

Article 7

Annulment and modification of contracts
A contract or any terms thereof may be annulled or...

Chapter II — Performance of Salvage Operations

Article 8

Duties of the salvor and of the owner and master

1.The salvor shall owe a duty to the owner of...
2.The owner and master of the vessel or the owner...

Article 9

Rights of coastal States
Nothing in this Convention shall affect the right of the...

Article 10

Duty to render assistance

1.Every master is bound, so far as he can do...
2.The States Parties shall adopt the measures necessary to enforce...
3.The owner of the vessel shall incur no liability for...

Article 11

Co-operation
A State Party shall, whenever regulating or deciding upon matters...

Chapter III — Rights of Salvors

Article 12

Conditions for reward

1.Salvage operations which have had a useful result give right...
2.Except as otherwise provided, no payment is due under this...
3.This chapter shall apply, notwithstanding that the salved vessel and...

Article 13

Criteria for fixing the reward

1.The reward shall be fixed with a view to encouraging...
2.Payment of a reward fixed according to paragraph 1 shall...
3.The rewards, exclusive of any interest and recoverable legal costs...

Article 14

Special compensation

1.If the salvor has carried out salvage operations in respect...
2.If, in the circumstances set out in paragraph 1, the...
3.Salvor’s expenses for the purpose of paragraphs 1 and 2...
4.The total special compensation under this article shall be paid...
5.If the salvor has been negligent and has thereby failed...
6.Nothing in this article shall affect any right of recourse...

Article 15

Apportionment between salvors

1.The apportionment of a reward under article 13 between salvors...
2.The apportionment between the owner, master and other persons in...

Article 16

Salvage of persons

1.No remuneration is due from persons whose lives are saved,...
2.A salvor of human life, who has taken part in...

Article 17

Services rendered under existing contracts
No payment is due under the provisions of this Convention...

Article 18

The effect of salvor’s misconduct
A salvor may be deprived of the whole or part...

Article 19

Prohibition of salvage operations
Services rendered notwithstanding the express and reasonable prohibition of the...

Chapter IV — Claims and Actions

Article 20

Maritime lien

1.Nothing in this Convention shall affect the salvor’s maritime lien...
2.The salvor may not enforce his maritime lien when satisfactory...

Article 21

Duty to provide security

1.Upon the request of the salvor a person liable for...
2.Without prejudice to paragraph 1, the owner of the salved...
3.The salved vessel and other property shall not, without the...

Article 22

Interim payment

1.The tribunal having jurisdiction over the claim of the salvor...
2.In the event of an interim payment under this article...

Article 23

Limitation of actions

1.Any action relating to payment under this Convention shall be...
2.The person against whom a claim is made may at...
3.An action for indemnity by a person liable may be...

Article 24

Interest
The right of the salvor to interest on any payment...

Article 25

State-owned cargoes
Unless the State owner consents, no provision of this Convention...

Article 26

Humanitarian cargoes
No provision of this Convention shall be used as a...

Article 27

Publication of arbitral awards
States Parties shall encourage, as far as possible and with...

Part II Provisions having effect in connection with Convention

Interpretation
1.In this Part of this Schedule “the Convention” means the...

Claims excluded from Convention
2.(1) The provisions of the Convention do not apply—

Assistance to persons in danger at sea
3.(1) The master of a vessel who fails to comply...

The reward and special compensation: the common understanding
4.In fixing a reward under article 13 and assessing special...

Recourse for life salvage payment
5.(1) This paragraph applies where— (a) services are rendered wholly...

Meaning of “judicial proceedings”
6.References in the Convention to judicial proceedings are references to...

Meaning of “State Party”
7.(1) An Order in Council made for the purposes of...

Schedule 11A
Funding of maritime services

Interpretation
1.In this Schedule— “general light dues” and “general lighthouse authority”...

Charges in respect of maritime matters
2.(1) Regulations under this Schedule may make provision imposing charges...

Charges relating to expenses payable out of General Lighthouse Fund
3.(1) If— (a) any Community obligation, or

Ships in respect of which charges may be imposed
4.(1) Regulations under this Schedule may not require a charge...

Persons by whom charges to be paid
5.(1) Regulations under this Schedule may not require a charge...

Amount of charges
6.(1) Regulations under this Schedule may impose a charge—

Powers to require information
7.(1) Regulations under this Schedule may include provision requiring any...

Disclosure of information
8.(1) No obligation as to secrecy or other restriction on...

Collection and recovery, etc.

9.(1) Regulations under this Schedule may make provision—
10.Regulations under this Schedule may make provision for appeals against...

Distress
11.Regulations under this Schedule may make provision in respect of...

Further powers in relation to General Lighthouse Fund etc

12.If regulations under this Schedule make any provision by virtue...
13.If regulations under this Schedule make any provision by virtue...

Supplementary

14.Regulations under this Schedule may include such transitional, incidental or...
15.Any sums received in consequence of regulations under this Schedule...
16.(1) Regulations under this Schedule shall be made by the...

SCHEDULE 12
Repeals

Notes. The repeals of sections 5 to 7, 29(2) and...
The repeals in the Crown Proceedings Act 1947 apply in...

SCHEDULE 13
Consequential Amendments

General Pier and Harbour Act 1861 Amendment Act 1862 (c. 19)
1.In section 21 of the General Pier and Harbour Act...

Sea Fisheries Act 1868 (c. 45)
2.For section 26 of the Sea Fisheries Act 1868 substitute—...

Lloyd’s Act 1871 (c. xxi)
3.In section 41 of the Lloyd’s Act 1871, for “Merchant...

Slave Trade Act 1873 (c. 88)
4.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Explosives Act 1875 (c. 17)
5.In the Explosives Act 1875— (a) in section 58(b), for...

Explosive Substances Act 1883 (c. 3)
6.In section 8(2) of the Explosive Substances Act 1883, for...

Submarine Telegraph Act 1885 (c. 49)
7.In the Submarine Telegraph Act 1885— (a) in section 5(1),...

Foreign Jurisdiction Act 1890 (c. 37)
8.In Schedule 1 to the Foreign Jurisdiction Act 1890, at...

Fisheries Act 1891 (c. 37)
9.In section 2(1) of the Fisheries Act 1891, for “in...

Commissioners for Oaths Act 1891 (c. 50)
10.In section 1 of the Commissioners for Oaths Act 1891,...

Seal Fisheries (North Pacific) Act 1895 (c.21)
11.In the Seal Fisheries (North Pacific) Act 1895—

Seal Fisheries (North Pacific) Act 1912 (c. 10)
12.In section 3 of the Seal Fisheries (North Pacific) Act...

Trustee Act 1925 (c. 19)
13.In section 51(6) of the Trustee Act 1925, for “Acts...

Whaling Industry (Regulations) Act 1934 (c. 49)
14.In section 17(1) of the Whaling Industry (Regulations) Act 1934,...

Public Health Act 1936 (c. 49)
15.In section 343(1) of the Public Health Act 1936, in...

Public Health (Drainage of Trade Premises) Act 1937 (c. 40)
16.In section 14 of the Public Health (Drainage of Trade...

Superannuation (Various Services) Act 1938 (c. 13)
17.In Part I of the Schedule to the Superannuation (Various...

Compensation (Defence) Act 1939 (c. 75)
18.In section 17(1) of the Compensation (Defence) Act 1939, in...

Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939 (c. 83)
19.In the Pensions (Navy, Army, Air Force and Mercantile Marine)...

Public Health (Scotland) Act 1945 (c.15)
20.In section 1(8) of the Public Health (Scotland) Act 1945,...

Crown Proceedings Act 1947 (c. 44)
21.In section 38(2) of the Crown Proceedings Act 1947—

British Nationality Act 1948 (c. 56)
22.In section 3(1) of the British Nationality Act 1948, for...

Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1948 (c. 23 (N.I.))
23.In section 4(2) of the Law Reform (Miscellaneous Provisions) Act...

Wireless Telegraphy Act 1949 (c. 54)
24.In section 19(7) of the Wireless Telegraphy Act 1949, for...

Coast Protection Act 1949 (c. 74)
25.In section 49(1) of the Coast Protection Act 1949, in...

Registered Designs Act 1949 (c. 88)
26.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rivers (Prevention of Pollution) (Scotland) Act 1951 (c.66)
27.In section 29(4) of the Rivers (Prevention of Pollution) (Scotland)...

Post Office Act 1953 (c. 36)
28.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Administration of Justice Act 1956 (c. 46)
29.(1) The Administration of the Justice Act 1956 shall be...

Trustee Act (Northern Ireland) 1958 (c. 23 (N.I.))
30.In section 51(7) of the Trustee Act (Northern Ireland) 1958,...

Factories Act 1961 (c. 34)
31.In section 176(1) of the Factories Act 1961, for the...

Pipe-Lines Act 1962 (c. 58)
32.In section 39(4) of the Pipe-Lines Act 1962, for “section...

Harbours Act 1964 (c. 40)
33.In section 57(1) of the Harbours Act 1964—

Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965 (c. 19 (N.I.))
34.In section 6(1)(c) of the Contracts of Employment and Redundancy...

Factories Act (Northern Ireland) 1965 (c. 20 (N.I.))
35.In section 176(1) of the Factories Act (Northern Ireland) 1965,...

Fisheries Act (Northern Ireland) 1966 (c. 17 (N.I.))
36.In the Fisheries Act (Northern Ireland) 1966—

Finance Act 1966 (c. 18)
37.In section 2(5)(a) of the Finance Act 1966, for “Merchant...

Sea Fish (Conservation) Act 1967 (c. 84)
38.In the Sea Fish (Conservation) Act 1967—

Public Health Act (Northern Ireland) 1967 (c. 36 (N.I.))
39.In section 32 of the Public Health Act (Northern Ireland)...

Consular Relations Act 1968 (c. 18)
40.In the Consular Relations Act 1968— (a) in section 13(3),...

Countryside Act 1968 (c. 41)
41.In section 13(6)(a) of the Countryside Act 1968, for “Merchant...

Hovercraft Act 1968 (c. 59)
42.In section 1(1)(i) of the Hovercraft Act 1968—

Sea Fisheries Act 1968 (c. 77)
43.In the Sea Fisheries Act 1968— (a) in section 8(6)—...

Harbours Act (Northern Ireland) 1970 (c. 1 (N.I.))
44.In Part II of Schedule 1 to the Harbours Act...

Carriage of Goods by Sea Act 1971 (c. 19)
45.(1) The Carriage of Goods by Sea Act 1971 shall...

Attachment of Earnings Act 1971 (c. 32)
46.In section 24(3) of the Attachment of Earnings Act 1971,...

Industry Act 1972 (c. 63)
47.In section 12(2)(a) of the Industry Act 1972, for “1...

Education (Work Experience) Act 1973 (c. 23)
48.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Fishery Limits Act 1976 (c. 86)
49.In section 8 of the Fishery Limits Act 1976—

Aircraft and Shipbuilding Industry Act 1977 (c. 3)
50.In paragraph 5(1)(a) of Schedule 2 to the Aircraft and...

Rates (Northern Ireland) Order 1977 (S.I. 1977/2157 (NI 28))
51.In the Rates (Northern Ireland) Order 1977—

Judicature (Northern Ireland) Act 1978 (c. 23)
52.In section 46 of the Judicature (Northern Ireland) Act 1978,...

Customs and Excise Management Act 1979 (c. 2)
53.(1) The Customs and Excise Management Act 1979 shall be...

Hydrocarbon Oil Duties Act 1979 (c. 5)
54.In section 19(1)(a) of the Hydrocarbon Oil Duties Act 1979,...

Magistrates’ Courts Act 1980 (c. 43)
55.After section 3 of the Magistrates’ Courts Act 1980 insert...

Education (Scotland) Act 1980 (c. 44)
56.In section 123(2)(b) of the Education (Scotland) Act 1980, for...

Private Streets (Northern Ireland) Order 1980 (S.I. 1980/1086 (NI 12))
57.In Article 2(2) of the Private Streets (Northern Ireland) Order...

Animal Health Act 1981 (c. 22)
58.In the Animal Health Act 1981— (a) in section 49(4),...

Supreme Court Act 1981 (c. 54)
59.(1) The Supreme Court Act 1981 shall be amended as...

Judgments Enforcement (Northern Ireland) Order 1981 (S.I. 1981/226 (NI 6))
60.In the Judgments Enforcement (Northern Ireland ) Order 1981—

Clean Air (Northern Ireland) Order 1981 (S.I. 1981/158 (NI 14))
61.In Article 29(6) of the Clean Air (Northern Ireland) Order...

Diseases of Animals (Northern Ireland) Order 1981 (S.I. 1981/1115 (NI 22))
62.In Article 48(3) of the Diseases of Animals (Northern Ireland)...

Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (NI 26))
63.After Article 17 of the Magistrates’ Courts Order 1981 insert...

Civil Aviation Act 1982 (c. 16)
64.In the Civil Aviation Act 1982— (a) in section 75(6),...

Oil and Gas (Enterprise) Act 1982 (c. 23)
65.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Civil Jurisdiction and Judgments Act 1982 (c. 27)
66.In the Civil Jurisdiction and Judgments Act 1982—

Civic Government (Scotland) Act 1982 (c. 45)
67.In section 38(4)(a) of the Civic Government (Scotland) Act 1982,...

British Fishing Boats Act 1983 (c. 8)
68.In section 9 of the British Fishing Boats Act 1983—...

Public Health (Control of Disease) Act 1984 (c. 22)
69.In the Public Health (Control of Disease) Act 1984—

Inshore Fishing (Scotland) Act 1984 (c. 26)
70.In section 9(1) of the Inshore Fishing (Scotland) Act 1984—...

Road Traffic Regulation Act 1984 (c. 27)
71.In section 133(1) of the Road Traffic Regulation Act 1984,...

County Courts Act 1984 (c. 28)
72.(1) The County Courts Act 1984 shall be amended as...

Repatriation of Prisoners Act 1984 (c. 47)
73.In section 5(6) of the Repatriation of Prisoners Act 1984,...

Dangerous Vessels Act 1985 (c. 22)
74.In section 2(b) of the Dangerous Vessels Act 1985, for...

Food and Environment Protection Act 1985 (c. 48)
75.In section 24(1) of the Food and Environment Protection Act...

Protection of Military Remains Act 1986 (c. 35)
76.In section 9 of the Protection of Military Remains Act...

Wages Act 1986 (c. 48)
77.In section 30(3) of the Wages Act 1986, for “Merchant...

Petroleum Act 1987 (c. 12)
78.In section 23(8) of the Petroleum Act 1987, for “16(2)...

Debtors (Scotland) Act 1987 (c. 18)
79.In section 73(4) of the Debtors (Scotland) Act 1987—

Pilotage Act 1987 (c. 21)
80.In the Pilotage Act 1987— (a) in section 22—

Channel Tunnel Act 1987 (c. 53)
81.In Part III of Schedule 7 to the Channel Tunnel...

Norfolk and Suffolk Broads Act 1988 (c. 4)
82.In section 25(1) of the Norfolk and Suffolk Broads Act...

Local Government Finance Act 1988 (c. 41)
83.In Schedule 5 to the Local Government Finance Act 1988,...

Copyright, Designs and Patents Act 1988 (c. 48)
84.In the Copyright, Designs and Patents Act 1988—

Road Traffic Act 1988 (c. 52)
85.In section 144(2)(c) of the Road Traffic Act 1988, for...

Wages (Northern Ireland) Order 1988 (S.I. 1988/796 (NI 7))
86.In Article 26(3) of the Wages (Northern Ireland) Order 1988,...

Criminal Justice (International Co-operation) Act 1990 (c. 5)
87.In section 5(7) of the Criminal Justice (International Co-operation) Act...

Aviation and Maritime Security Act 1990 (c. 31)
88.(1) The Aviation and Maritime Security Act 1990 shall be...

Water Industry Act 1991 (c. 56)
89.In the Water Industry Act 1991— (a) in section 121(6),...

Water Resources Act 1991 (c. 57)
90.In section 221(1) of the Water Resources Act 1991—

Land Drainage Act 1991 (c. 59)
91.In the Land Drainage Act 1991— (a) in section 12(7),...

Dangerous Vessels (Northern Ireland) Order 1991 (S.I. 1991/1219 (NI 10))
92.In Article 4(b) of the Dangerous Vessels (Northern Ireland) Order...

Judicial Pensions and Retirement Act 1993 (c. 8)
93.In the Judicial Pensions and Retirement Act 1993—

Clean Air Act 1993 (c. 11)
94.In the Clean Air Act 1993— (a) in section 46(6),...

Value Added Tax Act 1994 (c. 23)
95.In section 33(3)(h), for “Part XI of the Merchant Shipping...

SCHEDULE 14
Transitory, Saving and Transitional Provisions

Extra-territorial provisions
1.(1) Without prejudice to section 315(1), the repeals made by...

References to registration in other legislation
2.Any reference in an enactment in any other Act (not...

Qualifications: certificates of A.B.
3.(1) A seaman engaged in any United Kingdom ship shall...

Manning: certificates existing in 1979
4.(1) The power to make regulations under section 47 includes...

Masters and seamen: postponed commencements
5.(1) No provision to which this paragraph applies shall have...

Masters and seamen and documents: transitory provisions
6.(1) A provision to which this paragraph applies shall cease...

Safety provisions: saving of instruments, etc
7.(1) Notwithstanding the repeal by the Merchant Shipping (Registration, etc.)...

Oil pollution: saving for certain transitional provisions
8.Notwithstanding the repeal of section 38 of the Merchant Shipping...

Lighthouses: dependencies
9.(1) Section 193(5) shall cease to have effect on such...

Lighthouses: Scotland
10.Prior to the commencement of paragraph 7 of Schedule 13...

Wreck and salvage: Cinque ports
11.Nothing in Part IX shall prejudice or affect any jurisdiction...

Wreck: Liability for damage in case of plundered vessel in Scotland
12.Prior to the commencement of paragraph 1 of Schedule 13...

Behring Sea Award
13.Nothing in this Act shall affect the Behring Sea Award...

Table of Derivations

1.Notes
2.The following abbreviations are used in the Table:— Acts of...
3.By the Transfer of Functions (Trade and Industry) Order 1983,...
4.By Schedule 1, paragraph 1 to the Customs and Excise...
5.Schedule 4, paragraph 2 of the 1993 Act effected general...
6.The general conversion of then-existing fines in terms of amounts...
7.As regards offences, paragraph 74 of Schedule 4 to the...
8.Section 1(1)(c) of the Merchant Shipping (Mercantile Marine Fund) Act...
Read Entire Law on www.legislation.gov.uk