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Merchant Shipping Act 1995

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Merchant Shipping Act 1995 MERCHANT SHIPPING ACT 1995 Text of the Act as it has effect in the Isle of Man. Modifications are indicated by Bold Italics. Section Subject Application Order 1. British ships and United Kingdom ships SD 23/99 42. Obligation of shipowner as to seaworthiness SD 23/99 87. Dangerous goods : supplementary provisions SD 23/99 91. Reports of danger to navigation SD 23/99 92 Duty of ship to assist the other in case of collision SD 23/99 93. Obligation to assist ships etc. in distress SD 23/99 94. Meaning of “dangerously unsafe ship” SD 23/99 98. Owner and master liable in respect of dangerously SD 23/99 unsafe ship 99. Use of Unsafe lighters etc. SD 23/99 100. Owner liable for unsafe operation of ship SD 23/99 107. Return to be furnished by masters of ships as to SD 23/99 passengers 130. Regulation of transfers between ships in territorial SD 23/99 waters. CHAPTER III - LIABILITY FOR OIL POLLUTION 152 Meaning of “the Bunkers Convention”,“ the Liability SD 553/97 Convention” and related expressions 153 Liability for oil pollution in case of tankers SD 553/97 153A Liability for pollution by bunker oil SD 531/08 154. Liability for oil pollution in other cases. SD 553/97 155. Exceptions from liability under sections 153, 153A SD 553/97 and 154 156. Restriction of liability for pollution from oil or SD 553/97 bunker oil Liability under section 153, 153A or 154: 156A SD 531/08 supplementary provisions 157. Limitation of liability under section 153. SD 553/97 158. Limitation actions. SD 553/97 159. Restriction on enforcement after establishment of SD 553/97 1 limitation fund 160. Concurrent liabilities of owners and others SD 553/97 161. Establishment of limitation fund outside Isle of Man SD 553/97 162. Extinguishment of Claims SD 553/97 163. Compulsory insurance against liability for pollution SD 553/97 163A Compulsory insurance against liability for pollution SD 531/08 from bunker oil 164. Issue of certificate by the Department of Economic SD 553/97 Development 165. Rights of third parties against insurers. SD 553/97 166. Jurisdiction of Isle of Man Courts and registration of SD 553/97 foreign judgements 167. Government ships SD 553/97 168. Limitation of liability under section 153A or 154 SD 553/97 169. Saving for recourse actions. SD 553/97 170. Interpretation. SD 553/97 171. Transitory text of this Chapter and power to make SD 553/97 transitional provisions CHAPTER IV - INTERNATIONAL OIL POLLUTION COMPENSATION FUND 172. Meaning of the “Liability Convention”, “the Fund SD 553/97 Convention” and related expressions 173. Contributions by importers of oil and others SD 553/97 174. Power to obtain information SD 553/97 175. Liability of the Fund. SD 553/97 176. Limitation of the Fund’s Liability under section 175. SD 553/97 177. Jurisdiction and effect of judgements. SD 553/97 178. Extinguishment of claims SD 553/97 179. Subrogation. SD 553/97 180. Supplementary provisions as to proceedings SD 553/97 involving the Fund. 180A. Tynwald Procedure SD 553/97 181. Interpretation. SD 553/97 182 Transitory text of this Chapter and power to make SD 553/97 transitional provisions CHAPTER V - CARRIAGE OF HAZARDOUS 2 AND NOXIOUS SUBSTANCES 182A Introductory SD 23/99 182B Power to give effect to Convention SD 23/99 182C Power of the Department of Economic Development SD 23/99 to make Orders PART VII - LIABILITY OF SHIPOWNERS AND OTHERS 183. Scheduled Convention to have force of law. SD 23/99 185. Limitation of liability for maritime claims SD 23/99 186 Exclusion of liability SD 23/99 187 Damage or loss : apportionment of liability SD 23/99 188. Loss of Life or personal injuries : joint and several SD 23/99 liability 189. Loss of Life or personal injuries : right of SD 23/99 contribution 190. Time limit for proceedings against owners or ship SD 23/99 191. Limitation of liability SD 23/99 192. Application to Crown and its ships SD 23/99 192A Compulsory insurance or security SD 23/99 PART IX – SALVAGE AND WRECK PART 9A - WRECK REMOVAL CONVENTION 255A “The Wrecks Convention” SD 2014/0384 255B Wreck Reports SD 2014/0384 255J Wreck Removal Insurance SD 2014/0384 255K Failure to Insure SD 2014/0384 255L Detention of Ships SD 2014/0384 255M Production of Certificates SD 2014/0384 255N Issue of Certificates SD 2014/0384 255O Cancellation of Certificates SD 2014/0384 255Q Electronic Certificates SD 2014/0384 255R Interpretation etc. SD 2014/0384 255S Government ships SD 2014/0384 255T Saving SD 2014/0384 3 PART XII - LEGAL PROCEEDINGS 274. Time Limit for summary offences SD 23/99 275. Time Limit for summary orders SD 23/99 277. Offences by officers of bodies corporate SD 533/97 279. Jurisdiction in relation to offences SD 23/99 280. Jurisdiction over ships lying off coasts SD 23/99 281. Jurisdiction in case of offences on board ship. SD 23/99 282. Offences committed by British seamen SD 23/99 283. Return of offenders SD 23/99 286. Depositions of persons abroad admissible SD 23/99 287. Admissibility in evidence and inspection of certain SD 23/99 documents 288. Admissibility of documents in evidence SD 23/99 289. Inspection and admissibility in evidence of copies of SD 23/99 certain documents. 290. Proof etc. of exemptions. SD 23/99 306 Regulations, rules, orders etc. SD 23/99 310. Application of Act to hovercraft. SD 23/99 311. Application of Act to certain structures. SD 23/99 313. Definitions. SD 23/99 313A. Meaning of “qualifying foreign ship” SD 23/99 316. Short title and commencement. SD 533/97 Sch. 5. Overall limit on liability of Fund SD 533/97 Sch 5A. Text of the International Convention on Liability and SD 23/99 Compensation for damage in connection with the carriage of hazardous and noxious substances by sea. Sch. 6. Convention relating to the Carriage of Passengers SD 23/99 and their Luggage by Sea. Sch 7. Convention on Limitation of Liability for Maritime SD 23/99 Claims 1976. 4 This text includes amendments made to this Act by: SD386/00 Merchant Shipping (Convention on Limitation of Liability for Maritime Claims)(Application) Order 2000 ( which applies UK SI 1998 No. 1258) SD269/04 Merchant Shipping (Safety of Navigation – SOLAS Chapter V) Regulations 2004; SD03/05 Merchant Shipping (Oil Pollution Compensation Limits) Order 2005; SD197/07 Merchant Shipping (Oil Pollution) (Supplementary Fund Protocol) (Application) Order 2007; SD531/08 Merchant Shipping Act 1995 (Bunkers Convention) (Application) Order 2008 SD155/10 Transfer of Functions (New Departments)(No.2) Order 2010; SD2014/0384 Merchant Shipping Act 1995 (Application) Order 2014. 5 PART I - BRITISH SHIPS British ships and United Kingdom ships 1. (1) A ship is a British ship if — (a) the ship is registered in the United Kingdom under Part II; or (b) the ship is, as a Government ship, registered in the United Kingdom in pursuance of an Order in Council under section 308; or (c) the ship is registered under the law of a relevant British possession; or (d) the ship is a small ship other than a fishing vessel and — (i) is not registered under Part II, but (ii) is wholly owned by qualified owners, and (iii) is not registered under the law of a country outside the United Kingdom. (2) For the purposes of subsection (1)(d) above — “qualified owners” means persons of such description qualified to own British ships as is prescribed by regulations made by the Secretary of State for the purposes of that paragraph; and “small ship” means a ship less than 24 metres in length (“length” having the same meaning as in the tonnage regulations). (3) (Omit) Obligation of shipowner as to seaworthiness 42. (1) In every contract of employment between the owner of a Manx ship and the master of or any seamen employed in the ship there shall be implied an obligation on the owner of the ship that — (a) the owner of the ship, (b) the master of the ship, and (c) every agent charged with — (i) the loading of the ship, (ii) the preparing of the ship for sea, or (iii) the sending of the ship to sea, shall use all reasonable means to ensure the seaworthiness of the ship for the voyage at the time when the voyage commences and to keep her in a seaworthy condition for the voyage during the voyage. 6 (2) The obligation imposed by subsection (1) above applies notwithstanding any agreement to the contrary. (3) No liability on the owner of a ship arises under subsection (1) above in respect of the ship being sent to sea in an unseaworthy state where, owing to special circumstances, the sending of the ship to sea in such a state was reasonable and justifiable. Dangerous goods : supplementary provisions 87. (1) Where any dangerous goods have been sent or carried or attempted to be sent or carried, on board any ship, whether or not a Manx ship — (a) without being marked as required by safety regulations, (b) without such notice having been given as is required by safety regulations, (c) under a false description, or (d) with a false description of their sender or carrier, any court having Admiralty jurisdiction may declare the goods, and any package or receptacle in which they are contained, to be forfeited. (2) On a declaration of forfeiture being made, the goods shall be forfeited and they shall be disposed of as the court directs. (3) The powers conferred on the court by subsections (1) and (2) above are exercisable notwithstanding that the owner of the goods — (a) has not committed any offence under safety regulations relating to dangerous goods; (b) is not before the court, and (c) has no notice of the proceedings; and notwithstanding that there is no evidence to show to whom the goods belong.
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