Article 3 Merchant Shipping Acts 1894 to 1979

For Order 74 there shall be substituted the following new Order:—

“ORDER 74

APPLICATIONS AND APPEALS UNDER THE MERCHANT SHIPPING ACTS 1894 to 1979

Assignment of proceedings

1

(1)

Subject to paragraph (2), proceedings by which any application is made to the High Court under the Merchant Shipping Acts 1894 to 1979 shall be assigned to the Queen's Bench Division and taken by the Admiralty Court.

(2)

Proceedings by which an application under section 55 of the Merchant Shipping Act 1894 is made shall be assigned to the Chancery Division.

Appeals and re-hearings

2

(1)

An appeal to the High Court under section 28 of the Pilotage Act 1913 against a decision of a county court judge or a magistrate shall be heard and determined by a Divisional Court of the Queen's Bench Division constituted so far as practicable of Admiralty Judges.

(2)

Subject to the provisions of this rule, Orders 55 and 57 shall apply in relation to an appeal to the High Court under the Merchant Shipping Acts 1894 to 1979 and for this purpose a re-hearing and an application under section 52(2) of the Merchant Shipping Act 1970 shall be treated as an appeal.

(3)

In the case of an appeal to which paragraph (2) applies, the documents required to be lodged before entry for the purposes of Order 57, rule 2(1) shall include the report, if any, to the Secretary of State containing the decision from which the appeal is brought.

(4)

Where a re-hearing by the High Court is ordered under section 57 of the Merchant Shipping Act 1970, the Secretary of State shall cause such reasonable notice to be given to the parties whom he considers to be affected by the re-hearing as the circumstances of the case may, in his opinion, permit.”.