# Merchant Shipping Act 1979

1979 c. 39 · enacted 4 April 1979 · revised to 1 January 1996

An Act to make amendments of the law relating to pilotage, carriage by sea, liability of shipowners and salvors and pollution from ships and other amendments of the law relating to shipping, pollution and seamen.

PDFs: Printed copy https://openlegislation.uk/merchant-shipping-act-1979/pdf/ukpga_19790039_en.pdf

## Introductory text

An Act to make amendments of the law relating to pilotage, carriage by sea, liability of shipowners and salvors and pollution from ships and other amendments of the law relating to shipping, pollution and seamen.
[4th April 1979]

## 1–12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



## 13 

1)–(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

## Carriage of passengers and luggage by sea

## 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



## 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



## 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



## Liability of shipowners and salvors

## 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



## 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



## 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



## Prevention of pollution from ships etc.

## 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



## 20A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



## Safety and health on ships

## 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



## 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



## Discipline

## 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



## 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



## 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



## Inspectors

## 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



## 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



## 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



## Deaths on ships

## 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



## 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



## Miscellaneous

## 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



## 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



## 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



## 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



## 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



## 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



## 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



## 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



## 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



## 40 Foreign action affecting shipping.

(1) In section 14 of the Merchant Shipping Act 1974 (which relates to foreign action affecting shipping)—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c)(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

## 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



## Offences

## 42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



## 43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



## 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



## 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



## 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



## Supplemental

## 47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



## 48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



## 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



## 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



## 51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



## 52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



## Schedule 1 . . .



## Schedule 2 . . .



### Part I: Text of Convention

## Definitions

In this Convention the following expressions have the meaning hereby assigned to them:

## 1 

(a) “carrier” means a person by or on behalf of whom a contract of carriage has been concluded, whether the carriage is actually performed by him or by a performing carrier;
(b) “performing carrier” means a person other than the carrier, being the owner, charterer or operator of a ship, who actually performs the whole or a part of the carriage;

## 2 

“contract of carriage” means a contract made by or on behalf of a carrier for the carriage by sea of a passenger or of a passenger and his luggage, as the case may be;

## 3 

“ship” means only a seagoing vessel, excluding an air-cushion vehicle;

## 4 

“passenger” means any person carried in a ship,
(a) under a contract of carriage, or
(b) who, with the consent of the carrier, is accompanying a vehicle or live animals which are covered by a contract for the carriage of goods not governed by this Convention;

## 5 

“luggage” means any article or vehicle carried by the carrier under a contract of carriage, excluding:
(a) articles and vehicles carried under a charter party, bill of lading or other contract primarily concerned with the carriage of goods, and
(b) live animals;

## 6 

“cabin luggage” means luggage which the passenger has in his cabin or is otherwise in his possession, custody or control. Except for the application of paragraph 8 of this Article and Article 8, cabin luggage includes luggage which the passenger has in or on his vehicle;

## 7 

“loss of or damage to luggage” includes pecuniary loss resulting from the luggage not having been re-delivered to the passenger within a reasonable time after the arrival of the ship on which the luggage has been or should have been carried, but does not include delays resulting from labour disputes;

## 8 

“carriage” covers the following periods:
(a) with regard to the passenger and his cabin luggage, the period during which the passenger and/or his cabin luggage are on board the ship or in the course of embarkation or disembarkation, and the period during which the passenger and his cabin luggage are transported by water from land to the ship or vice-versa, if the cost of such transport is included in the fare or if the vessel used for the purpose of auxiliary transport has been put at the disposal of the passenger by the carrier. However, with regard to the passenger, carriage does not include the period during which he is in a marine terminal or station or on a quay or in or on any other port installation;
(b) with regard to cabin luggage, also the period during which the passenger is in a marine terminal or station or on a quay or in or on any other port installation if that luggage has been taken over by the carrier or his servant or agent and has not been re-delivered to the passenger;
(c) with regard to other luggage which is not cabin luggage, the period from the time of its taking over by the carrier or his servant or agent onshore or on board until the time of its re-delivery by the carrier or his servant or agent;

## 9 

“international carriage” means any carriage in which, according to the contract of carriage, the place of departure and the place of destination are situated in two different States, or in a single State if, according to the contract of carriage or the scheduled itinerary, there is an intermediate port of call in another State;

### Application

### Liability of the carrier

### Performing carrier

## Valuables

The carrier shall not be liable for the loss of or damage to monies, negotiable securities, gold, silverware, jewellery, ornaments, works of art, or other valuables, except where such valuables have been deposited with the carrier for the agreed purpose of safe-keeping in which case the carrier shall be liable up to the limit provided for in paragraph 3 of Article 8 unless a higher limit is agreed upon in accordance with paragraph 1 of Article 10.

## Contributory fault

If the carrier proves that the death of or personal injury to a passenger or the loss of or damage to his luggage was caused or contributed to by the fault or neglect of the passenger, the court seized of the case may exonerate the carrier wholly or partly from his liability in accordance with the provisions of the law of that court.

### Limit of liability for personal injury

### Limit of liability for loss of or damage to luggage

### Monetary unit and conversion

### Supplementary provisions on limits of liability

## Defences and limits for carriers’ servants

If an action is brought against a servant or agent of the carrier or of the performing carrier arising out of damage covered by this Convention, such servant or agent, if he proves that he acted within the scope of his employment, shall be entitled to avail himself of the defences and limits of liability which the carrier or the performing carrier is entitled to invoke under this Convention.

### Aggregation of claims

### Loss of right to limit liability

## Basis for claims

No action for damages for the death of or personal injury to a passenger, or for the loss of or damage to luggage, shall be brought against a carrier or performing carrier otherwise than in accordance with this Convention.

### Notice of loss or damage to luggage

### Time-bar for actions

### Competent jurisdiction

## Invalidity of contractual provisions

Any contractual provision concluded before the occurrence of the incident which has caused the death of or personal injury to a passenger or the loss of or damage to his luggage, purporting to relieve the carrier of his liability towards the passenger or to prescribe a lower limit of liability than that fixed in this Convention except as provided in paragraph 4 of Article 8, and any such provision purporting to shift the burden of proof which rests on the carrier, or having the effect of restricting the option specified in paragraph 1 of Article 17, shall be null and void, but the nullity of that provision shall not render void the contract of carriage which shall remain subject to the provisions of this Convention.

## Other conventions on limitation of liability

This Convention shall not modify the rights or duties of the carrier, the performing carrier, and their servants or agents provided for in international conventions relating to the limitation of liability of owners of seagoing ships.

## Nuclear damage

No liability shall arise under this Convention for damage caused by a nuclear incident:
(a) if the operator of a nuclear installation is liable for such damage under either the Paris Convention of 29 July 1960 on Third Party Liability in the Field of Nuclear Energy as amended by its Additional Protocol of 28 January 1964, or the Vienna Convention of 21 May 1963 on Civil Liability for Nuclear Damage, or
(b) if the operator of a nuclear installation is liable for such damage by virtue of a national law governing the liability for such damage, provided that such law is in all respects as favourable to persons who may suffer damage as either the Paris or the Vienna Conventions.

## Commercial carriage by public authorities

This Convention shall apply to commercial carriage undertaken by States or Public Authorities under contracts of carriage within the meaning of Article 1.

### Part II: Provisions having effect in connection with Convention

### Interpretation

### Provisions adapting or supplementing specified articles of the Convention

### Other provisions adapting or supplementing the Convention

## 10 

If Her Majesty by Order in Council declares that any State specified in the Order is a party to the Convention in respect of a particular country the Order shall, subject to the provisions of any subsequent Order made by virtue of this paragraph, be conclusive evidence that the State is a party to the Convention in respect of that country.

## 11 

The Secretary of State may by order make provision—
(a) for requiring a person who is the carrier in relation to a passenger to give to the passenger, in a manner specified in the order, notice of such of the provisions of Part I of this Schedule as are so specified;
(b) for a person who fails to comply with a requirement imposed on him by the order to be guilty of an offence and liable on summary conviction to a fine of an amount not exceeding level 4 on the standard scale.

### Application of ss. 502 and 503 of Merchant Shipping Act 1894 and section 17 and 18 of this Act

## 12 

Nothing in section 502 of the Merchant Shipping Act 1894 or section 18 of this Act (which among other things limit a shipowner’s liability for the loss or damage of goods in certain cases) shall relieve a person of any liability imposed on him by the Convention.

## 13 

It is hereby declared that nothing in the Convention affects the operation of section 503 of the Merchant Shipping Act 1894 or section 17 of this Act (which limit a shipowner’s liability in certain cases of loss of life, injury or damage).

### Part III: Modifications of Parts I and II in consequence of Protocol of 19th November 1976

## Unit of account and conversion

The Unit of Account mentioned in this Convention is the Special Drawing Right as defined by the International Monetary Fund. The amounts mentioned in Articles 7 and 8 shall be converted into the national currency of the State of the Court seized of the case on the basis of the value of that currency on the date of the judgment or the date agreed upon by the Parties.

### Part I: Text of Convention

## I. The Right of Limitation 

Article 1

### Persons entitled to limit liability

## 1 

Shipowners and salvors, as hereinafter defined, may limit their liability in accordance with the rules of this Convention for claims set out in Article 2.

## 2 

The term “shipowner” shall mean the owner, charterer, manager or operator of a seagoing ship.

## 3 

Salvor shall mean any person rendering services in direct connexion with salvage operations. Salvage operations shall also include operations referred to in Article 2, paragraph 1(d), (e) and (f).

## 5 

In this Convention the liability of a shipowner shall include liability in an action brought against the vessel herself.

## 6 

An insurer of liability for claims subject to limitation in accordance with the rules of this Convention shall be entitled to the benefits of this Convention to the same extent as the assured himself.

## 7 

The act of invoking limitation of liability shall not constitute an admission of liability.
Article 2

### Claims subject to limitation

## Claims excepted from limitation

The rules of this Convention shall not apply to:
(a) claims for salvage or contribution in general average;
(b) claims for oil pollution damage within the meaning of the International Convention on Civil Liability for Oil Pollution Damage dated 29th November 1969 or of any amendment or Protocol thereto which is in force;
(c) claims subject to any international convention or national legislation governing or prohibiting limitation of liability for nuclear damage;
(d) claims against the shipowner of a nuclear ship for nuclear damage;
(e) claims by servants of the shipowner or salvor whose duties are connected with the ship or the salvage operations, including claims of their heirs, dependants or other persons entitled to make such claims, if under the law governing the contract of service between the shipowner or salvor and such servants the shipowner or salvor is not entitled to limit his liability in respect of such claims, or if he is by such law only permitted to limit his liability to an amount greater than that provided for in Article 6.
Article 4

## Conduct barring limitation

A person liable shall not be entitled to limit his liability if it is proved that the loss resulted from his personal act or omission, committed with the intent to cause such loss, or recklessly and with knowledge that such loss would probably result.
Article 5

## Counterclaims

Where a person entitled to limitation of liability under the rules of this Convention has a claim against the claimant arising out of the same occurrence, their respective claims shall be set off against each other and the provisions of this Convention shall only apply to the balance, if any.

## II. Limits of Liability 

Article 6

### The general limits

### The limit for passenger claims

### Unit of Account

### Aggregation of claims

### Limitation of liability without constitution of a limitation fund

## III. The Limitation Fund 

Article 11

### Constitution of the fund

### Distribution of the fund

### Bar to other actions

## Governing law

Subject to the provisions of this Chapter the rules relating to the constitution and distribution of a limitation fund, and all rules of procedure in connection therewith, shall be governed by the law of the State Party in which the fund is constituted.

## IV. Scope of Application 

Article 15
This Convention shall apply whenever any person referred to in Article 1 seeks to limit his liability before the Court of a State Party or seeks to procure the release of a ship or other property or the discharge of any security given within the jurisdiction of any such State.

### Part II: Provisions having effect in connection with Convention

### Interpretation

### Right to limit liability

### Claims subject to limitation

### The general limits

### Limit for passenger claims

### Units of Account

### Constitution of fund

## 8 

(1) The Secretary of State may from time to time, with the concurrence of the Treasury, by order prescribe the rate of interest to be applied for the purposes of paragraph 1 of article 11.
(2) Where a fund is constituted with the court in accordance with article 11 for the payment of claims arising out of any occurrence, the court may stay any proceedings relating to any claim arising out of that occurrence which are pending against the person by whom the fund has been constituted.

### Distribution of land

## 9 

No lien or other right in respect of any ship or property shall affect the proportions in which under article 12 the fund is distributed among several claimants.

### Bar to other actions

## 10 

Where the release of a ship or other property is ordered under paragraph 2 of article 13 the person on whose application it is ordered to be released shall be deemed to have submitted to (or, in Scotland, prorogated) the jurisdiction of the court to adjudicate on the claim for which the ship or property was arrested or attached.

### Meaning of “court”

## 11 

References in the Convention and the preceding provisions of this Part of this Schedule to the court are—
(a) in relation to England and Wales, references to the High Court;
(b) in relation to Scotland, references to the Court of Session;
(c) in relation to Northern Ireland, references to the High Court of Justice in Northern Ireland.

### Meaning of “ship”

## 12 

References in the Convention and in the preceding provisions of this Part of this Schedule to a ship include references to any structure (whether completed or in course of completion) launched and intended for use in navigation as a ship or part of a ship.

### Meaning of “State Party”

## 13 

An Order in Council made for the purposes of this paragraph and declaring that any State specified in the Order is a party to the Convention shall, subject to the provisions of any subsequent Order made for those purposes, be conclusive evidence that the State is a party to the Convention.

### The Merchant Shipping (Liability of Shipowners and Others) Act 1900

## 1 

(1) In section 2(1) of the Merchant Shipping (Liability of Shipowners and Others) Act 1900 for the reference to the actual fault or privity of the owners or authority there shall be substituted a reference to any such personal act or omission of the owners or authority as is mentioned in article 4 of the Convention in Part I of Schedule 4 to this Act.
(2) The limit of liability under that section shall be ascertained by applying to the ship mentioned in subsection (1) the method of calculation specified in paragraph 1(b) of article 6 of the Convention read with paragraph 5(1) and (2) of Part II of that Schedule.
(3) Articles 11 and 12 of the Convention in Part I of that Schedule and paragraphs 8 and 9 of Part II of that Schedule shall apply for the purposes of that section.

## 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



### The Crown Proceedings Act 1947

## 3 

For section 5 of the Crown Proceedings Act 1947, including that Act as it applies in Northern Ireland, there shall be substituted—
“
5 (1) The provisions of sections 17 and 18 of the Merchant Shipping Act 1979 and of Schedule 4 to that Act (liability of shipowners and salvors) shall apply in relation to His Majesty’s ships as they apply in relation to other ships.
(2) In this section “ships” has the same meaning as in those provisions.”

### The Hovercraft Act 1968

## 4 

In section 1(1)(i) of the Hovercraft Act 1968 for the words “Part VIII of the Merchant Shipping Act 1894”, “that part” and “the said Part VIII” there shall be substituted respectively the words “sections 17 and 18 of the Merchant Shipping Act 1979”, “those sections” and “the said sections of the Merchant Shipping Act 1979”.

### The Carriage of Goods by Sea Act 1971

## 5 

In section 6(4) of the Carriage of Goods By Sea Act 1971 for the words from “section 502” to “1958” there shall be substituted the words “section 18 of the Merchant Shipping Act 1979 (which”.

### The Merchant Shipping (Oil Pollution) Act 1971

## 6 

(1) In sections 5(4)(b) and 7(b) of the Merchant Shipping (Oil Pollution) Act 1971 for the words “the Merchant Shipping (Liability of Shipowners and Others) Act 1958” there shall be substituted the words “the Merchant Shipping Act 1979”.
(2) For section 15(2) of that Act there shall be substituted—
“(2) For the purposes of section 17 of the Merchant Shipping Act 1979 (limitation of liability) any liability incurred under this section shall be deemed to be a liability in respect of such damage to property as is mentioned in paragraph 1(a) of article 2 of the Convention in Part I of Schedule 4 to that Act.”

## I Maximum Fine of £50 on Summary Conviction

Enactment
Subject matter
Merchant Shipping Act 1894 (c. 60)—
. . .
. . .
. . .
. . .
section 280(2)
Surrender of passenger steamer’s certificate.
section 281(2)
Display of passenger steamer’s certificate.
section 287
Miscellaneous offences in connection with passenger steamers.
. . .
. . .
section 385(5)
Failure to record or report occurrences on fishing boats.
section 417(4)
Transfer of fish from fishing boats to collecting vessels.
section 543(2)
Failure by manufacturer to mark information on anchor.
section 722(2)
Use or supply of unauthorised forms.
Merchant Shipping (International Labour Conventions) Act 1925 (c. 42)—
section 4
Employment in ships of persons under 18.
Merchant Shipping (Safety and Load Line Conventions) Act 1932 (c. 9)—
section 12(2)
Failure to return memorandum about lifesaving appliances.
section 31(2)
Failure to give notice of Atlantic routes used by passenger line.
Merchant Shipping Act 1970 (c. 36)-—
section 8(5), including section 8(5) as set out in Schedule 2
Delivery to seaman of account of wages.
section 78
Unauthorised persons on ship in port.
section 89(4)
Impeding arrest of deserter from foreign ship.

## II Maximum Fine of £200 on Summary Conviction

Enactment
Subject matter
Merchant Shipping Act 1894 (c. 60)—
section 7(5)
Marking of ships.
section 15(2)
Delivery up of ship’s certificate of registry for purpose of navigation.
section 18(3)
Delivery up of ship’s provisional certificate of registry to registrar.
section 20(4)
Delivery up of certificate on change of ownership of ship.
section 21(3)
Notice and delivery up of certificate on loss of ship or transfer to person not qualified to own British ship.
. . .
. . .
section 47(8)
Breach of rules as to name of ship.
section 59(3)
Registration of particulars of ship’s managing owner or manager.
section 74(2)
Failure to hoist national colours.
section 536(1)
Unauthorised boarding of vessel which is wrecked or in distress.
section 726(3)
Failure to give information and assistance to surveyor of ship.
Merchant Shipping (Safety and Load Line Conventions) Act 1932 (c. 9)-
section 27
Going to sea without approved signalling lamp.
section 29(2)
Form of steering orders.
Merchant Shipping Act 1970 (c. 36)—
section 22(4) excluding paragraphs (a) and (b)
Master’s failure to arrange for seamen to complain to proper officer about food.
. . .
. . .
section 47
Production of certificates of qualification.
section 51(4)
Employment in ships of persons under 18.
section 59
Failure to deliver certificate as required by section 52, 53, 54 or 56.
section 74
Handing over of documents on change of master.
paragraph 3 of Part I of Schedule 2
Production of certificates of qualification.
Prevention of Oil Pollution Act 1971 (c. 60)-
section 10(5)
Restrictions on transfer of oil at night.
section 18(8) except so far as it relates to obstruction
Failure to comply with requirement to produce book or records or to certify true copy.

## III Maximum Fine of £500 on Summary Conviction

Enactment
Subject matter
Merchant Shipping Act 1894 (c. 60)—
section 10(3)
False statement in certificate given by builder of ship.
section 518
Failure to deliver wreck or particulars of wreck to receiver.
section 519(2)
Retaining cargo washed up from wreck.
section 536(2)
Impeding assistance for a ship in distress or removing its cargo.
section 666(2)
Injuring lighthouses, lightships and similar equipment.
Merchant Shipping (Safety and Load Line Conventions) Act 1932 (c. 9)—
section 24(3)
Failure to report danger to navigation.
Merchant Shipping Act 1970 (c. 36)—
section 1(8)
Breach of provisions about crew agreements.
section 21(4)
Breach of regulations about food.
section 22(4)(a) and (b)
Retention or use of food which is unfit or of wrong quality.
section 24(2)
Inadequate medical stores.
section 68(6)
Destruction and mutilation of official log book.
section 70(4)
False statement to obtain British seaman’s card.
section 86(2)
Going to sea without appropriate charts etc.
paragraph 4(2) of Part I of Schedule 2
Maximum period of duty for seamen employed in fishing vessels.
Merchant Shipping (Oil Pollution) Act 1971 (c. 59)—
section 10(7)
Carrying and production of certificate in respect of insurance cover for oil pollution damage.
Prevention of Oil Pollution Act 1971 (c. 60)—
section 18(8) so far as it relates to obstruction
Failure to comply with requirements to produce book or records or to certify true copy.

## IV Maximum Fine of £1,000 on Summary Conviction

Enactment
Subject matter
Merchant Shipping Act 1894 (c. 60)—
section 436(4)
Recording of ship’s draught.
section 488(4)
Obstruction of survey of ship.
section 689(4)
Conveyance from abroad of offenders and witnesses.
Merchant Shipping (Load Lines) Act 1967 (c. 27)—
section 5
Observance of marking requirements of ship.
Merchant Shipping Act 1970 (c. 36)
section 20(6)
Contravention of crew accommodation regulations.
section 43(5)
False statement to obtain certificate of competence.
section 48(2)
Going to sea with inadequate arrangements for translating orders to foreign crew.
section 50(2)
False statement to obtain special certificate of competence.
. . .
. . .
section 76(4)
Obstruction of inspections and surveys.
Prevention of Oil Pollution Act 1971 (c. 60)—
section 11(3)
Failure to report discharge of oil into waters of harbour.
Merchant Shipping Act 1974 (c. 43)—
section 3(5)
Unauthorised disclosure of information.
section 14(8)
Unauthorised disclosure of information.
paragraph 4(3) of Schedule 2
Obstruction of inspection or survey of foreign oil tanker.

## V Fine on Conviction on Indictment and Maximum Fine of £1,000 on Summary Conviction

Enactment
Subject matter
Merchant Shipping Act 1894 (c. 60)—
section 285(5)
Safety equipment for passenger steamers.
section 286
Unauthorised weight on safety valve of passenger steamer.
section 413(2)
Fishing boat sailing without certificated skipper and second hand.
section 413(3)
Service or employment of uncertificated person as skipper or second hand of fishing boat.
section 430(1)
Provision of life-saving appliances for ships.
section 432(2)
Adjustment of compasses and provision of hose in ship.
section 433
Unauthorised weight on safety valve of steamship.
The Merchant Shipping Act 1906 (c. 48)—
section 16(2)
Passengers not to be carried on more than one deck below water line.
Merchant Shipping (Safety and Load Line Conventions) Act 1932 (c. 9)—
section 30(2)
Avoidance of danger from ice.
Merchant Shipping (Safety Convention) Act 1949 (c. 43)—
section 5(5)
Breach of rules for direction-finders.
section 6(3)
Breach of rules about radio navigational aids.
section 6(4)
Using unauthorised apparatus for signals to or from radio navigational aids.
section 12(3)(b)
Steamer other than passenger steamer going to sea without certificates.
section 12(6)
Compliance with conditions of exemption certificate.
section 19(2)
Compliance with rules about closing of openings in ship’s hull.
section 21(3)
Misuse of distress signals.
section 23(3)
Breach of rules about carriage of dangerous goods.
section 24(1)
Failure to take precautions in loading grain to prevent it from shifting.
section 24(2)
Entering port with grain which was loaded without precautions to prevent it from shifting.
Merchant Shipping Act 1964 (c. 47)—
section 5(2)
Going to sea without safety construction certificate.
section 7(1)
Breach of cargo ship construction and survey rules.
Merchant Shipping (Load Lines) Act 1967 (c. 27)—
section 3(2)
Breach of load line rules in respect of British ship.
section 4(4)
Taking or sending ship to sea with load line submerged.
section 9(3)
Going to sea without load line certificate.
section 13(3)
Breach of load line rules in respect of foreign ship.
section 24(4)
Breach of deck cargo regulations.
Fishing Vessels (Safety Provisions) Act 1970 (c. 27)—
section 1(4)
Contravention of construction rules.
section 4(2)
Going to sea without certificates of compliance with construction and other rules.
Merchant Shipping Act 1970 (c. 36)—
section 45
Going to sea undermanned.
section 46(1)
Unqualified person going to sea as qualified.

### Part VI: Miscellaneous Penalties on Summary Conviction

### Maximum fines of £50

## 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



## 2 

In subsection (2) of section 77 of the Merchant Shipping Act 1906 (which provides that the master of a ship carrying cattlemen to the United Kingdom who fails to make a return of particulars of the cattlemen as required by that section shall be liable on summary conviction to a fine not exceeding £100 and that a cattleman who refuses to give information required for the purposes of a return under that section shall be liable on summary conviction to imprisonment for up to 3 months) for the words “one hundred pounds” there shall be substituted the words “fifty pounds” and for the words from “imprisonment” onwards there shall be substituted the words “such a fine”.

## 3 

In subsection (4) of section 6 of the Merchant Shipping Act 1970 (which provides that a person shall be liable to a fine of up to £50 if he acts in contravention of subsection (1) of that section and £20 if he acts in contravention of subsection (2) of that section) after the words “subsection (1)” there shall be inserted the words “or subsection (2)” and the words from “and if” onwards shall be omitted.

## 4 

In sections 68(5), 69(5), 70(2), 71(2) and 72(4) of the Merchant Shipping Act 1970 (which relate respectively to official log books, lists of crews, British seamen’s cards, discharge books and returns of births and deaths on ships and authorise regulations under the section in question to provide for maximum fines of £10 in the case of sections 70(2) and 71(2) and £20 in the case of sections 68(5), 69(5) and 72(4) for contraventions of the regulations) for the word “£10” or, as the case may be, “£20” there shall be substituted the word “50”.

### Maximum fines of £200 and £20 a day

## 5 

In subsection (2) of section 48 of the Merchant Shipping Act 1894 (which among other things provides that if default is made in registering an alteration of a ship or in registering a ship anew as required by that section the owner shall be liable to a fine of up to £100 and a further fine of up to £5 for each day during which the offence continues after conviction) for the words “one hundred pounds” there shall be substituted the words “two hundred pounds” and for the words “five pounds” there shall be substituted the words “twenty pounds”.

## 6 

In subsections (2)(d) and (6A) of section 1 of the Merchant Shipping Act 1965 (which authorise tonnage regulations to provide for fines not exceeding £100 for the contraventions and failures there mentioned) for the words “one hundred pounds” in subsection (2)(d) and the word “£100” in subsection (6A) there shall be substituted the word “£200”.

## 7 

In Schedule 1 to the Merchant Shipping (Load Lines) Act 1967 (which among other things provides for a fine of up to £50 on summary conviction of an offence under section 281(3) of the Merchant Shipping Act 1894 of not posting up a passenger steamer’s certificate) in column 3 of the entry relating to the said section 281(3) for the word “£50” there shall be substituted the word “£200”.

## 8 

In sections 2(2), 3(4), 62(6) and 65(3) of the Merchant Shipping Act 1970 (which relate respectively to crew agreements, the discharge of seamen, the return of seamen left overseas and the property of deceased seamen and authorise regulations under the section in question to provide for maximum fines of £50 in the case of section 2(2) and £100 in other cases for contraventions of the regulations) for the word “£50” or, as the case may be, “£100” there shall be substituted the word “£200”.

## 9 

In section 77(1) of the Merchant Shipping Act 1970 (under which the punishment for stowing away is a fine not exceeding £100 or imprisonment not exceeding three months) for the words from “£100” onwards there shall be substituted the word “£200”.

### Miscellaneous

## 10 

In section 667(3) of the Merchant Shipping Act 1894 (under which a person who fails to comply with a notice to extinguish or screen a light which may be mistaken for a lighthouse is guilty of a eommon nuisance and is also liable to a fine not exceeding £100) for the words from “a common nuisance” onwards there shall be substituted the words “an offence and liable to a fine not exceeding one thousand pounds”.

## 11 

In subsection (2) of section 723 of the Merchant Shipping Act 1894 (which provides that a person who fails to produce a log book or document which he is required to produce under that section or who refuses to allow the same to be inspected or copied or commits any other offence mentioned in that subsection shall be liable to a fine not exceeding £50 in some cases and £20 in others)—
(a) for the words “or refuses to allow the same” there shall be substituted the words “that person shall be liable to a fine not exceeding two hundred pounds and if any person on being so required refuses to allow such a book or document” ; and
(b) for the words from “for each offence” onwards there shall be substituted the words “be liable to a fine not exceeding one thousand pounds”.

## 12 

Subsection (4) of section 724 of the Merchant Shipping Act 1894 (which provides that a surveyor of ships who receives unauthorised remuneration in respect of the duties he performs under that Act shall be liable to a fine not exceeding £50) shall be omitted.

## 13 

In section 76(3) of the Merchant Shipping Act 1906 (under which the master of a ship carrying passengers who fails to make a return of particulars of the passengers as required by that section or makes a false return and a passenger who refuses to give information required for such a return or gives false information is liable on summary conviction to a fine not exceeding £50 in some cases and £20 in others) for the words from “not exceeding” onwards there shall be substituted the words “not exceeding fifty pounds in the case of a failure or refusal and two hundred pounds in the case of a false return or false information”.

## 14 

In subsection (5) of section 24 of the Merchant Shipping (Safety Convention) Act 1949 (under which a master of a ship carrying grain who fails to deliver to customs the notice required by that section or delivers such a notice which is false in a material particular is liable to a fine not exceeding £100) for the words “one hundred pounds” there shall be substituted the words “two hundred pounds in the case of a failure and five hundred pounds in the case of a false statement”.

## 15 

In Schedule I to the Merchant Shipping (Load Lines) Act 1967 (under which any of the following offences, namely, an offence under section 283 of the Merchant Shipping Act 1894 of carrying passengers in excess, an offence under section 21 of the Merchant Shipping Act 1906 of not complying with provisions requiring a passenger steamer to be surveyed and to have a passenger steamer’s certificate and an offence under section 12(3)(a) of the Merchant Shipping (Safety Convention) Act 1949 of going to sea without apropriate certificates, is punishable on summary conviction with a fine of up to £1,000 in some cases and £400 in others)—
(a) in column 3 of the entry relating to the said section 283, for the word “£400” there shall be substituted the word “£50,000” ; and
(b) in column 3 of the entries relating to the said sections 21 and 12(3)(a), for the word “£400” there shall be substituted the word “£1,000”.

## 16 

In subsection (8) of section 9 of the Prevention of Oil Pollution Act 1971 (under which a harbour authority is liable to a fine not exceeding £10 for each day on which it fails to comply with a direction to provide oil reception facilities) for the word “£10” there shall be substituted the words “£500 and to a further fine not exceeding £50”.

## 17 

In section 17(5) of the said Act of 1971 (which among other things provides for a fine of up to £500 on summary conviction of an offence of making a false entry in a record relating to oil) for the word “£500” in the third place where it occurs there shall be substituted the word “£1,000”.

## 18 

In subsection (6) of section 3 of the Merchant Shipping Act 1974 (under paragraph (a) of which a person who fails to provide information as required by that section is liable on summary conviction to a fine not exceeding £1,000 in some cases and £400 in others and under paragraph (b) of which a person who provides false information is so liable) for paragraph (i) there shall be substituted the words
“(i) on summary conviction to a fine not exceeding £500 in the case of an offence under paragraph (a) of this subsection and not exceeding £1,000 in the case of an offence under paragraph (b) of this subsection, and”.

## 19 

In subsection (9) of section 14 of the Merchant Shipping Act 1974 (under paragraph (a) of which a person who fails to provide information as required by that section is liable on summary conviction to a fine not exceeding £400 and under paragraph (b) of which a person who provides false information is so liable), for the word “£400” there shall be substituted the words “£500 in the case of an offence under paragraph (a) of this subsection and not exceeding £1,000 in the case of an offence under paragraph (b) of this subsection”.

## 20 

In paragraph 3(2) of Schedule 5 to the Merchant Shipping Act 1974 (under which a person who commits an offence created by regulations relating to submersible or supporting apparatus is liable on summary conviction to a fine not exceeding £1,000 in some cases and £400 in others unless the regulations prescribe a lower limit) for paragraph (a) there shall be substituted the words
“(a) on summary conviction a fine not exceeding £1,000”.

### Part VII: Other Penalties

### The Merchant Shipping Act 1894

### The Merchant Shipping Act 1921 1921 c. 28.

### The Merchant Shipping (Safety Convention) Act 1949

### The Merchant Shipping (Load Lines) Act 1967

### The Merchant Shipping Act 1970

## 21 

In section 30 of the Merchant Shipping Act 1970 (which provides among other things that a seaman employed in a ship registered in the United Kingdom who persistently neglects his duty or disobeys orders or combines with other seamen to do so or to impede the ship’s progress shall be liable on summary conviction to a fine not exceeding £100) for the words from “smmary conviction” to “£100” there shall be substituted the words “conviction on indictment, to imprisonment for a term not exceeding two years and a fine and, on summary conviction, to a fine, not exceeding £1,000”.

### The Merchant Shipping Act 1974

## 22 

In paragraph 5 of Schedule 2 to the Merchant Shipping Act 1974 (which among other things authorises oil tanker construction rules to provide for a person who breaks the rules to be liable on summary conviction to a fine of up to £100) for the word “£100” there shall be substituted the word “£1,000” and at the end of sub-paragraph (1) there shall be substituted the words “and on conviction on indictment to a fine”.

## I Enactments Relating to Liability of Shipowners and Salvors

Chapter
Short title
Extent of repeal
57 & 58 Vict. c. 60.
The Merchant Shipping Act 1894.
Part VIII.
63 & 64 Vict. c. 32.
The Merchant Shipping (Liability of Shipowners and Others) Act 1900.
Section 2(2) and (3).
. . .
. . .
. . .
1 & 2 Geo. 5. c. 42.
The Merchant Shipping Act 1911.
Section 1(2).
11 & 12 Geo. 5. c. 29.
The Merchant Shipping Act 1921.
In section 1 the words “and VIII”.
6 & 7 Eliz. 2. c. 62.
The Merchant Shipping (Liability of Shipowners and Others) Act 1958.
The whole Act except section 11 so far as applying to the Merchant Shipping (Liability of Shipowners and Others) Act 1900.
1965 c. 47.
The Merchant Shipping Act 1965.
Section 5(2).
In Schedule 1, the entry relating to the Crown Proceedings Act 1947.
1965 c. 57.
The Nuclear Installations Act 1965.
In section 14(1) the words from “and section 503” to “shipowners)”.
1971 c. 59.
The Merchant Shipping (Oil Pollution) Act 1971.
Section 4(1)(a).
Section 8A.
1974 c. 43.
The Merchant Shipping Act 1974.
Section 4(1)(c)(ii) together with the word “or” preceding it.
Section 9.

## II Other Enactments

Chapter
Short title
Extent of repeal
57 & 58 Vict. c. 60.
The Merchant Shipping Act 1894.
Section 73(4) and (5).
Section 360(3).
In section 369(3) the words from “and” onwards.
Section 420(3).
In section 431(1) the words from “and” onwards.
In section 446(2) the words from “then” onwards.
Section 457.
Section 468.
Section 637.
In section 638 the words from “but” to “of this Act”.
Sections 640 and 641.
Sections 670 to 672 and 675.
Section 677(m).
Section 724(4).
Sections 729 and 730.
61 & 62 Vict. c. 44.
The Merchant Shipping (Mercantile Marine Fund) Act 1898.
Section 2(1) and (2).
Section 5(3).
In section 7 the words “or out of colonial light dues” and the definition of “Basses Lights Fund”.
Schedule 2.
In Schedule 3, paragraph II.
6 Edw. 7. c. 48.
The Merchant Shipping Act 1906.
Section 82(2).
. . .
. . .
. . .
9 & 10 Geo. 5. c. 92.
The Aliens Restriction (Amendment) Act 1919.
Section 4.
12 & 13 Geo. 6. c. 43.
The Merchant Shipping (Safety Convention) Act 1949.
Section 24(4).
1964 c. 47.
The Merchant Shipping Act 1964.
In section 7(2) the words from “and for that purpose” to “Acts”.
1965 c. 47.
The Merchant Shipping Act 1965.
In section 1(2)(c) the words from “and may” to “those purposes”.
In Schedule 1 the entry relating to section 85(3) of the Merchant Shipping Act 1894.
1967 c. 27.
The Merchant Shipping (Load Lines) Act 1967.
In section 4(3) the words from “and, if” onwards.
Section 11(2).
In sections 17(1) and 24(6) the words from “and” onwards.
Section 27(4).
In Schedule 1, the entry relating to section 281(2) of the Merchant Shipping Act 1894.
1970 c. 27.
The Fishing Vessels (Safety Provisions) Act 1970.
In section 1(3) the words from “and” onwards.
1970 c. 36.
The Merchant Shipping Act 1970.
In section 6(4) the words from “and if” onwards.
In section 15(1) the words from “unless” onwards.
Sections 34 to 38.
In section 95(1)(a) the words “34 to 38”.
In section 99(1) the words from “except” to “to this Act”.
In Schedule 2, paragraph 2.
In Schedule 5, in the entries relating to the Merchant Shipping Act 1894, the words “Section 271(3)”.
1971 c. 59.
The Merchant Shipping (Oil Pollution) Act 1971.
Section 4(3) to (5).
1971 c. 60.
The Prevention of Oil Pollution Act 1971.
In section 18(5) the words from “and in subsection (3)” onwards.
1974 c. 43.
The Merchant Shipping Act 1974.
Section 1(6) and (7).
Section 19(2), (5) and (6).
1975 c. 21.
The Criminal Procedure (Scotland) Act 1975.
In Schedule 7C the entry relating to the Merchant Shipping Act 1894.
1977 c. 45.
The Criminal Law Act 1977.
In Schedule 6 the entry relating to the Merchant Shipping Act 1894.

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Source: https://www.legislation.gov.uk/ukpga/1979/39 (the official version)
Page: https://openlegislation.uk/merchant-shipping-act-1979
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.