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The Merchant Shipping Act 1970 (Unregistered Ships) Regulations 1991 in England

S.I. 1991/1366 · Made 12 June 1991

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

MERCHANT SHIPPING

Made 12th June 1991

Laid before Parliament 17th June 1991

Coming into force 8th July 1991

The Secretary of State for Transport, after consulting with the organisations referred to in section 99(2) of the Merchant Shipping Act 1970f1, in exercise of powers conferred by section 92 of that Act, and now vested in himf2, and of all other powers enabling him in that behalf, hereby makes the following Regulations:—

Annotations to the whole text

Footnotes

f1

1970 c. 36 ; section 92 was amended by the Merchant Shipping Act 1988 (c. 12), Schedule 5.

f2

SeeS.I. 1970/1537.

Contents

  1. 1Citation, commencement and revocation
  2. 2Extension to ships entitled to be registered of 24 metres or more in length
  3. 3Extension to ships entitled to be registered of less than 24 metres in length
  4. 4Extension of section 27 of the Merchant Shipping Act 1970
  5. 5Amendment of regulations
  6. 6Amendment of regulations
  7. Signature
  8. Schedule 1: EXTENSION TO UNREGISTERED SHIPS OF THE DESCRIPTION CONTAINED IN REGULATION 2
  9. IPart I
  10. IIPart II
  11. Schedule: EXTENSION TO UNREGISTERED SHIPS OF THE DESCRIPTION CONTAINED IN REGULATION 3
  12. IPart I
  13. IIPart II
  14. Explanatory note

1Citation, commencement and revocation

(1)

These Regulations may be cited as the Merchant Shipping Act 1970 (Unregistered Ships) Regulations 1991 and shall come into force on 8th July 1991.

(2)

The Merchant Shipping (Unregistered Ships) Regulations 1972f1 are hereby revoked.

2Extension to ships entitled to be registered of 24 metres or more in length

It is hereby directed that—

(a)

the provisions of the Merchant Shipping Act 1970 specified in column 1 of Part I of Schedule 1 to these Regulations ; and

(b)

the provisions of the Regulations made under that Act specified in column 1 of Part II of that Schedule ;

shall extend to ships (other than fishing vessels) of the following description, that is to say, sea-going ships—

(i)

which are wholly owned by a person resident in, or by a body corporate (not being a general lighthouse authority) having a principal place of business in, the United Kingdom ;

(ii)

which are entitled to be registered in the United Kingdom under the Merchant Shipping Act 1894f1 but are not registered, whether in the United Kingdom or elsewhere ; and

(iii)

which are 24 metres or more in length ;

and to masters and seamen employed in them, with such exceptions, adaptations or modifications (if any) as are specified in column 2 of that Schedule.

3Extension to ships entitled to be registered of less than 24 metres in length

It is hereby directed that—

(a)

the provisions of the Merchant Shipping Act 1970 specified in column 1 of Part I of Schedule 2 to these Regulations ; and

(b)

the provisions of the Regulations made under that Act specified in column 1 of Part II of that Schedule;

shall extend to ships (other than fishing vessels) of the following description, that is to say, sea-going ships

(i)

which are wholly owned by a person resident in, or a body corporate (not being a general lighthouse authority) having a principal place of business in, the United Kingdom ; and

(ii)

which are entitled to be registered in the United Kingdom under the Merchant Shipping Act 1894 but are not registered, whether in the United Kingdom or elsewhere ; and

(iii)

which are less than 24 metres in length;

and to masters and seamen employed in them, with such exceptions, adaptations and modifications (if any) as are specified in column 2 of that Schedule.

4Extension of section 27 of the Merchant Shipping Act 1970

(1)

It is hereby directed that section 27 of the Merchant Shipping Act 1970f1 shall extend to ships (other than fishing vessels) of the following description, that is to say sea-going ships—

(i)

which are wholly owned by a person resident in, or a body corporate (not being a general lighthouse authority) having a principal place of business in, the United Kingdom ; and

(ii)

which are entitled to be registered in the United Kingdom under the Merchant Shipping Act 1894 but are not registered, whether in the United Kingdom or elsewhere;

and to masters and seamen employed in them.

(2)

It is hereby directed that the said section 27 shall apply to sea-going ships (other than fishing vessels) which are not registered, whether in the United Kingdom or elsewhere, other than ships falling within paragraph (1) above, and to masters and seamen employed in them, when such ships are within the saeward limits of the territorial sea of the United Kingdom while proceeding to or from a port in the United Kingdom.

5Amendment of regulations

The Merchant Shipping (Crew Accomodation) Regulations 1978f1 shall be amended by substituting for regulation 4(1)(b) the following—

“(b)

is not registered in the United Kingdom or elsewhere”.

6Amendment of regulations

The Merchant Shipping (Returns of Births and Deaths) Regulations 1979f1 shall be amended by deleting the word “British” from regulation 12(1).

Signature

Signed by the authority of the Secretary of State for Transport

Brabazon of Tara

Minister of State,

Department of Transport

12th June 1991

I

Column 1Column 2
Provision of the Merchant Shipping Act 1970Exception, adaption or modification to which extension is subject
Sections 1 to 4.
Section 5Subject to the modification that, for the reference to a ship ceasing to be registered in the United Kingdom, there shall be substituted a reference to its ceasing to be entitled to be registered under the Merchant Shipping Act 1894.
Sections 7 to 14.
Section 22.
Sections 25 and 26.
Section 28.
Section 30.
Section 33.
Sections 39 to 42.
Sections 43, 44, 45 and 47.
Section 48.
Sections 61 to 64.
Sections 67 to 69.
Section 74.
Sections 76 to 79.

II

Column 1Column 2
Regulations made under the Merchant Shipping Act 1970Exception, adaptation or modification to which extension is subject
The Merchant Shipping (Crew Agreements, Lists of Crew and Discharge of Seamen) Regulations 1972f1.
The Merchant Shipping (Seamen’s Wages and Accounts) Regulations 1972f2.
The Merchant Shipping (Seamen’s Wages) (Contributions) Regulations 1972f3.
The Merchant Shipping (Seamen’s Allotments) Regulations 1972f4
The Merchant Shipping (Repatriation) Regulations 1979f5.
The Merchant Shipping (Official Log Books) Regulations 1981f6.

I

Column 1Column 2
Provision of the Merchant Shipping Act 1970Exception, adaptation or modification to which extension is subject
Section 39.
Section 40.
Sections 42 to 45.
Section 47.
Section 61.

Subject to the modification that, where—

  1. (a)

    any person dies in a ship of the description contained in regulation 3 ; or

  2. (b)

    the master of or a seaman employed in such ship dies in a country outside the United Kingdom ;

an inquiry into the cause of death shall be held only if the Secretary of State so directs.

Sections 62 to 64.
Section 67.
Section 76.

II

Column 1Column 2
Regulations made under the Merchant Shipping Act 1970Exception, adaptation or modification to which extension is subject
The Merchant Shipping (Repatriation) Regulations 1979.Except regulations 8 to 10.

Explanatory note

(This note is not part of the Regulations)

These Regulations replace the Merchant Shipping (Unregistered Ships) Regulations 1972, which applied certain provisions of the Merchant Shipping Act 1970 and Regulations made thereunder to certain unregistered ships. The changes are consequential on the change made by Part I of the Merchant Shipping Act 1988 in making qualified ships entitled to be registered in the United Kingdom, instead of, as previously, required to be registered, or exempted from the requirement.

Section 27 of the 1970 Act (Conduct endangering ships, structures or individuals), a new text for which was substituted by section 32 of the Merchant Shipping Act 1988, is now extended to all unregistered ships. Amendments are also made to the Merchant Shipping (Crew Accomodation) Regulations 1978 and to the Merchant Shipping (Returns of Birth and Deaths) Regulations 1979 to bring up to date the provisions applying them to unregistered ships.