Merchant Shipping Act 1979

Interpretation

1 Short title and interpreta tion

2 Application to fishing ves sels and non-sea-going ships

Registration of ships

3 Registrar of Shipping

4 National colours of ship registered in Bermuda

5 [repealed]

Principal Marine Surveyor

6 Appointment of Principal Marine Surveyor

Engagement and discharge of seamen

Crew agreements

7 Crew agreements

8 Regulations relating to crew agreements

9 Discharge of seamen

10 Seamen left behind abroad otherwise than on discharge

11 Discharge of seamen when ship ceases to be registered in Bermuda

Wages, etc.

12 Payment of seamen's wages

13 Account of seamen's wages

14 Regulations relating to wages and accounts

15 Power of Superintendent or proper officer to decide disputes about wages

16 Restriction on assignment of and charge upon wages

17 Allotment notes

18 Right of person named in allotment note to sue in own name

19 Right, or loss of right, to wages in certain circum stances

20 Protection of certain rights and remedies

21 Power of court to award interest on wages due otherwise than under crew agreement

Safety, health and welfare

22 Safety and health on ships

22A Safety and health regula tions specified in the Fifth Schedule deemed to be made under s.22(1)

23 Crew accommodation

24 Provisions and water

25 Complaints about provi sions or water

26 [repealed]

27 Medical stores

28 Medical treatment on board ship

29 Expenses of medical treatment, etc. during voyage

Offences by seamen, and others

30 Conduct endangering ships, structures or individuals

31 Drunkenness etc. on duty

32 Continued or concerted disobedience, neglect of duty

33 [repealed]

34 Offences committed by certain other persons

35 Defence of drug taken for medical purposes

Disciplinary offences

36 [repealed]

37 [repealed]

38 Breaches by seamen of codes of conduct and local industrial agreements

39 [repealed]

40 Trade disputes involving seamen

Manning and certification

41 Manning

42 Power to exempt from manning requirements

43 Prohibition of going to sea under-manned

44 Unqualified persons going to sea as qualified officers or seamen

45 Production of certificates and other documents of qualification

46 Crew's knowledge of En glish

47 Application of sections 41, 43, 45 and 46

48 Restriction on employ ment of persons under school leaving age on board ship

49 Inquiry into fitness or conduct of officer

Shipping casualties

50 Preliminary inquiry and formal investigation into shipping casualty.

51 Report of shipping casu alties

52 Formal investigation into shipping casualty

53 Rehearing of and appeal from inquiries and inves tigations

54 Rules as to inquiries, in-vestigations and appeals

55 Failure to deliver can celled or suspended cer tificate

56 Power to restore certificate

Inquiries into deaths of crew members and others

57 Inquiries into deaths of crew members and others

Relief and repatriation of sea men left behind

58 Relief and return of sea men left behind

59 Limit of employer's liabil ity under s.58

60 Recovery of expenses in curred for relief and re turn

Property of deceased seamen

61 [repealed]

62 [repealed]

63 Application of sections 58 to 62 to masters

Documentation, reports and re turns

64 Official log books

65 Lists of crew

66 Returns of births and deaths in ships

67 Handing over of docu ments on change of mas ter

68 Admissibility in evidence and inspection of certain documents

68A Inspection and admissibility in evidence of copies of certain documents

Inspections

69 Inspections

Stowaways, unauthorized pres ence on board ship and Master's power of arrest

70 Stowaways

71 Unauthorized presence on board ship

72 Master's power of arrest

Miscellaneous and supplemen tary provisions

73 Adaptation to metric units

74 Amendment of Merchant Shipping (Safety Conven tion)Act 1949 [omitted]

75 Nautical publications

76 Fees

77 Expenses

78 Regulations and rules

79 Amendments, savings, transitional provisions and repeals

80 Minister may amend, vary, adopt or repeal pro visions of this Act with approval of the Secretary of State for Trade.

81 Construction

82 Commencement [omitted]

FIRST SCHEDULE
(Section 74) [omitted]

SECOND SCHEDULE
Fishing vessels (Section 2)

THIRD SCHEDULE
(Section 79(1)) [omitted]

FOURTH SCHEDULE
(Section 79(2) ) [Part II omitted]

FIFTH SCHEDULE
United Kingdom Regulations, Rules and Orders applied (Section 22A)

[15 June 1979]

[preamble and words of enactment omitted]

INTERPRETATION

Short title and interpretation

1 (1) This Act may be cited as the Merchant Shipping Act 1979.

(2) In this Act, unless the context otherwise requires �

"the Act of 1973" means the Merchant Shipping Act 1973 [title 31 item 11];

"crew agreement" has the meaning assigned to it by section 7;

"enactment" includes an enactment of the Parliament of the United Kingdom in force in Bermuda;

"fishing vessel" means a vessel which is for the time being em ployed in sea fishing, but does not include a vessel used oth erwise than for profit;

"Merchant Shipping Acts" means the Merchant Shipping Acts 1894 to 1988 of the United Kingdom as in force in Bermuda, the Bermuda Merchant Shipping Act 1930 [title 31 item 1], the Act of 1973 and this Act;

"the Minister" means the Minister charged with responsibility for shipping;

"the principal Act" means the Merchant Shipping Act 1894;

"proper officer" means �

(a) in relation to a port in Bermuda, a person exercising the functions conferred on Superintendents by the Merchant Shipping Acts;

(b) in relation to a port outside Bermuda, either a consular officer appointed by Her Majesty's Government in the United Kingdom or, as the case may be, any officer dis charging in that port the duties of a Superintendent; and

"the Registrar" means the Registrar of Shipping;

"Registrar General" means the Registrar General appointed un der section 2(1) of the Registration (Births and Deaths) Act 1949 [title 28 item 1];

"relief and maintenance" includes the provision of surgical or medical treatment and such dental or optical treatment (including the repair or replacement of any appliance) as cannot be postponed without impairing efficiency;

"seaman" includes every person (except masters and pilots) em ployed or engaged in any capacity on board any ship;

"Superintendent" has the same meaning as in section 742 of the principal Act.

(3) References in this Act to going to sea include references to going to sea from any country outside Bermuda.

(4) For the purposes of this Act a seaman is discharged from a ship when his employment in that ship is terminated.

(5) For the purposes of this Act a seaman discharged from a ship in any country and left there shall be deemed to be left behind in that country notwithstanding that the ship also remains there.

(6) References in this Act to dying in a ship include references to dying in a ship's boat or life-raft and to being lost from a ship or ship's boat or life-raft.

(7) Any power conferred by this Act to provide for or grant an exemption includes power to provide for or grant the exemption subject to conditions.

[section 1 amended by BR 43/1991 effective 23 August 1991]

Application to fishing vessels and non-sea-going ships

2 (1) In the application of this Act to fishing vessels and persons serving in them �

(a) sections 32, 33 [sic] [repealed], 34 and 36 to 40 inclusive, do not apply, and the provisions contained in Part I of the Second Schedule apply in addition to the other provisions of the Act; and

(b) sections 12 and 13 apply as set out in Part II of that Schedule,

and nothing in the Second Schedule applies to fishing vessels not regis tered in Bermuda or to persons serving in them.

(2) This Act, except sections 4, 5 and 38 does not apply to ships which are not sea-going ships or to masters or seamen employed in them.

(3) Section 19 does not apply to so much of the wages of a seaman employed in a fishing vessel as is in any manner related to the catch.

(4) The Minister may grant exemptions from any requirements of this Act or of any regulations made under this Act �

(a) with respect to any fishing vessel or to a fishing vessel of any description; or

(b) with respect to any person or a person of any description serving in a fishing vessel or in a fishing vessel of any description,

and nothing in any other provision of this Act conferring a power to pro vide for or grant exemptions shall be taken to restrict the power con ferred by this subsection.

REGISTRATION OF SHIPS

Registrar of Shipping

3 (1) There shall be a Registrar of Shipping for Bermuda who shall be a public officer.

(2) The Collector of Customs shall in Bermuda exercise the powers conferred by the Merchant Shipping Acts and any other statutory provision on the Shipping Master and the Receiver of Wreck.

National colours of ship registered in Bermuda

4 The national colours of a ship registered in Bermuda shall be the red ensign without any defacement or modification whatsoever.

5 [repealed by BR 43/1991 effective 23 August 1991]

PRINCIPAL MARINE SURVEYOR

Appointment of Principal Marine Surveyor

6 (1) There shall be appointed a Principal Marine Surveyor for Bermuda who shall be a public officer.

(2) The functions of the Principal Marine Surveyor shall be to secure the safety of ships, the safety, health and welfare of seamen and the prevention of pollution from ships.

(3) In the exercise of his functions the Principal Marine Sur veyor shall mutatis mutandis, have all the powers which an inspector appointed under section 728 of the principal Act has in the United King dom.

ENGAGEMENT AND DISCHARGE OF SEAMEN

CREW AGREEMENTS

Crew agreements

7 (1) Except as provided under subsection (5) an agreement in writing shall be made between each person employed as a seaman in a ship registered in Bermuda and the persons employing him and shall be signed both by him and by or on behalf of them.

(2) The agreements made under this section with the several persons employed in a ship shall be contained in one document (in this Act referred to as a crew agreement) except that in such cases as the Minister may approve the agreements to be made under this section with the persons employed in a ship may be contained in more than one crew agreement.

(3) The provisions and form of a crew agreement must be of a kind approved by the Minister; and different provisions and forms may be so approved for different circumstances.

(4) Subject to the following provisions of this section, a crew agreement shall be carried in the ship to which it relates whenever the ship goes to sea.

(5) The Minister may make regulations providing for exemp tions from the requirements of this section �

(a) with respect to such descriptions of ship as may be specified in the regulations or with respect to voyages in such areas or such description of voyages as may be so specified; or

(b) with respect to such descriptions of seamen as may be specified in the regulations,

and the Minister may grant other exemptions from those requirements (whether with respect to particular seamen or with respect to seamen employed by a specified person or in a specified ship or in the ships of a specified person) in cases where he is satisfied that the seamen to be employed otherwise than under a crew agreement will be adequately protected.

(6) Where, but for an exemption granted by the Minister, a crew agreement would be required to be carried in a ship or a crew agreement carried in a ship would be required to contain an agreement with a person employed in the ship, the ship shall carry such document evidencing the exemption as the Minister may direct.

(7) Regulations under this section may enable ships required under this section to carry a crew agreement to comply with the re quirement by carrying a copy thereof, certified in such manner as may be provided by the regulations.

(8) If a ship goes to sea or attempts to go to sea in contraven tion of the requirements of this section the master or the person em ploying the crew each commit an offence:

Punishment on summary conviction: a fine of $1,000 and the ship, if in Bermuda, may be detained.

Regulations relating to crew agreements

8 (1) The Minister may make regulations �

(a) requiring such notice as may be specified in the regula tions to be given to a Superintendent or proper officer or to the Registrar, except in such circumstances as may be so specified, before a crew agreement is made or an agreement with any person is added to those contained in a crew agreement;

(b) providing for the delivery to a Superintendent or proper officer or the Registrar of crew agreements and agree ments added to those contained in a crew agreement and of copies of crew agreements and of agreements so added;

(d) requiring copies of or extracts from crew agreements to be supplied to members of the crew demanding them and requiring copies of or extracts from documents re ferred to in crew agreements to be made available, in such circumstances as may be specified in the regula tions, for inspection by members of the crew; and

(e) requiring any documents carried in a ship in pursuance of section 7 to be produced on demand to a proper offi cer.

(2) Regulations under this section may make a contravention of any provision thereof an offence punishable on summary conviction with a fine not exceeding $300 or such less amount as may be specified
in the regulations.

Discharge of seamen

9 (1) The Minister may make regulations prescribing the proce dure to be followed in connection with the discharge of seamen from ships registered in Bermuda.

(2) Without prejudice to the generality of subsection (1), regu lations under this section may make provision �

(a) requiring notice of such a discharge to be given at such time as may be specified in the regulations to the Su perintendent or proper officer at a place specified in or determined under the regulations;

(b) requiring such a discharge to be recorded, whether by entries in the crew agreement and discharge book or otherwise, and requiring copies of any such entry to be given to a Superintendent or proper officer or the Regis trar.

(3) Regulations under this section may provide that in such cases as may be specified in the regulations, or except in such cases as may be specified in or determined under the regulations, a seaman shall not be discharged outside Bermuda from a ship registered in Bermuda without the consent of the proper officer.

(4) Regulations under this section may make a contravention of any provision thereof an offence punishable on summary conviction with a fine not exceeding $500 or such less amount as may be specified in the regulations.

Seamen left behind abroad otherwise than on discharge

10 Regulations made under section 9 may apply any provision thereof, with such modifications as appear to the Minister to be appro priate, to cases where a seaman employed in a ship registered in Bermuda is left behind outside Bermuda otherwise than on being dis charged from the ship.

Discharge of seamen when ship ceases to be registered in Bermuda

11 Where a ship registered in Bermuda ceases to be so registered, any seaman employed in the ship shall be discharged from the ship un less he consents in writing to continue his employment in the ship; and sections 12 to 15 shall apply in relation to his wages as if the ship had remained registered in Bermuda.

WAGES, ETC.

Payment of seamen's wages

12 (1) Where a seaman employed under a crew agreement relating to a ship leaves the ship on being discharged from it, then, except as provided by or under this Act or any other enactment, the wages due to the seaman under the agreement shall either �

(a) be paid to him in full at the time when he so leaves the ship (in this section and in section 13 referred to as the time of discharge), or

(b) be paid to him in accordance with subsections (3A) and (3B).

(2) If the amount shown in the account delivered to a seaman under section 13(1) as being the amount payable to him under subsection (1)(a) is replaced by an increased amount shown in a further account delivered to him under section 13(3), the balance shall be paid to him within seven days of the time of discharge; and if the amount so shown in the account delivered to him under section 13(1) exceeds $100 and it is not practicable to pay the whole of it at the time of discharge, not less than $100 nor less than one-quarter of the amount so shown shall be paid to him at that time and the balance within seven days of that time.

(3) If any amount which, under subsection (1)(a) or (2) of this section, is payable to a seaman is not paid at the time at which it is so payable the seaman shall be entitled to wages at the rate last payable under the crew agreement for every day on which it remains unpaid during the period of fifty-six days following the time of discharge; and if any such amount or any amount payable by virtue of this subsection remains unpaid after the end of that period it shall, notwithstanding anything contained in the Interest and Credit Charges (Regulation) Act 1975 [title 17 item 2], carry interest the rate of 20 per centum per an num.

(3A) Where the crew agreement referred to in subsection (1) provides for the seaman's basic wages to be payable at specified intervals not exceeding one month, and for any additional amounts of wages to be payable within the pay cycle following that to which they relate, any amount of wages due to the seaman under the agreement shall, subject to subsection (3B), be paid to him not later than the date on which the next payment of his basic wages following the time of discharge would have fallen due if his employment under the agreement had continued.

(3B) If it is not practicable, in the case of any amount due to the
seaman by way of wages additional to his basic wages, to pay that amount by the date mentioned in subsection (3A), that amount shall be paid to him not later than what would have been the last day of the pay cycle immediately following that date if his employment under the crew agreement had continued.

(3C) If any amount which, under subsection (3A) or (3B), is payable to a seaman is not so paid at the time at which it is so payable, it shall, notwithstanding anything contained in the interest [sic] and Credit Charges Regulation Act 1975 [title 17 item 22] carry interest at the rate of 20 per centum per annum.

(4] The provisions of subsection (3) or (3C) do not apply if the failure to pay was due to a mistake, to a reasonable dispute as to liability or to the act or de fault of the seaman or to any other cause, not being the wrongful act or default of the persons liable to pay his wages or of their servants or agents; and so much of those provisions as relates [sic] to interest on the amount due shall not apply if a court in proceedings for its recovery so directs.

(5) Where a seaman, in pursuance of section 11, is discharged from a ship outside Bermuda but returns to Bermuda under arrange ments made by the persons who employed him, the preceding provisions of this section shall have effect, in relation to the wages due to him under a crew agreement relating to the ship, as if for the references in subsec tions (1) to (3A) to the time of discharge there were substituted references to the time of his return to Bermuda.

(6) For the purposes of this section any amount of wages shall, if not paid to him in cash, be taken to have been paid to a seaman �

(a) on the date when a cheque or money order or other order for that amount was despatched by the recorded delivery service to the seaman's last-known address: or

(b) on the date when any account kept by the seaman with a bank or other institution was credited with that amount.

[section 12 amended by BR 43/1991 effective 23 August 1991]

Account of seamen's wages

13 (1) Subject to regulations made under section 14 or 58, the master of every ship registered in Bermuda shall deliver to every seaman employed in the ship under a crew agreement an account of the wages due to him under that crew agreement and of the deductions subject to which the wages are payable.

(2) The account shall indicate that the amounts stated therein are subject to any later adjustment that may be found necessary and shall be delivered not later than twenty-four hours before the time of dis charge or, if the seaman is discharged without notice or at less than twenty-four hours' notice, at the time of discharge.

(3) If the amounts stated in the account require adjustment the persons who employed the seaman shall deliver to him a further account stating the adjusted amounts; and that account shall be delivered not later than the time at which the balance of his wages is payable to the seaman.

(3A) Where subsection (3A) or (3B) or section 12 applies to the payment of any amount of wages due to a seaman under a crew agreement �

(a) the persons who employed the seaman shall deliver to him an account of the wages payable to him under that subsection and of the deductions subject to which the wages are payable; and

(b) any such account shall be so delivered at the time when the wages are paid to him; and

and section 12(6) shall apply for the purposes of this subsection as it applies for the purposes of that section.

(4) If a person fails without reasonable cause to comply with the preceding provisions he commits an offence:

Punishment on summary conviction: a fine of $300.

[section 13 amended by BR 43/1991 effective 23 August 1991]

Regulations relating to wages and accounts

14 The Minister may make regulations �

(a) authorizing deductions to be made from the wages due to a seaman under a crew agreement (in addition to any authorized by any provision of this Act or of any other enactment for the time being in force) in cases where a breach of his obligations under the agreement is alleged against him and such conditions, if any, as may be specified in the regulations are complied with, or in such other cases as may be specified in the regulations;

(b) regulating the manner in which any amounts deducted under the regulations are to be dealt with;

accepted it, to decide the dispute, if he is of opinion that the dispute, whether by reason of the amount involved or for any other reason, ought not to be decided by him.

(2) The decision of a Superintendent or proper officer on a dis pute submitted to him under this section shall be final.

Restriction on assignment of and charge upon wages

16 (1) Subject to subsections (2) and (3), the following provisions shall have effect with respect to the wages due or accruing to a seaman employed in a ship registered in Bermuda:

(a) the wages shall not be subject to attachment;

(b) an assignment thereof before they have accrued shall not bind the seaman and the payment of the wages to the seaman shall be valid notwithstanding any previous assignment or charge; and

(2) Nothing in this section shall affect the provisions of this Act with respect to allotment notes.

(3) Nothing in this section applies to any disposition relating to the application of wages �

(a) in payment of contributions to a fund declared by regu lations made by the Minister to be a fund to which this section applies; or

(b) in the payment of contributions in respect of the mem bership of a body declared by regulations made by the Minister to be a body to which this section applies,

or to anything done or to be done for giving effect to such disposition.

Allotment notes

17 (1) Subject to the following provisions of this section, a seaman may, by means of an allotment note issued in accordance with regula tions made by the Minister, allot to any person or persons part of the wages to which he will become entitled in the course of his employment in a ship or ships registered in Bermuda.

(2) A seaman's right to make an allotment under this section shall be subject to such limitations as may, by virtue of the following provisions of this section, be imposed by regulations made by the Minis
ter.

(3) Regulations made by the Minister for the purposes of this section may prescribe the form of allotment notes and �

(a) may limit the circumstances in which allotments may be made;

(b) may limit (whether by reference to an amount or by ref erence to a proportion) the part of the wages that may be allotted and the number of persons to whom it may be allotted and may prescribe the method by which that part is to be calculated;

(c) may limit the persons to whom allotments may be made by a seaman to persons of such descriptions or persons standing to him in such relationships as may be pre scribed by the regulations;

(d) may prescribe the times and the intervals at which pay ments under allotment notes are to be made.

(4) Regulations under this section may make different provision in relation to different descriptions of seamen and different circum stances.

Right of person named in allotment note to sue in own name

18 (1) A person to whom any part of a seaman's wages has been allotted by an allotment note issued in accordance with regulations made under section 17 shall have the right to recover that part in his own name and for that purpose shall have the same remedies as the seaman has for the recovery of his wages.

(2) In any proceedings brought by a person named in such an allotment note as the person to whom any part of a seaman's wages has been allotted it shall be presumed, unless the contrary is shown, that the seaman is entitled to the wages specified in the note and that the allot ment has not been varied or cancelled.

Right, or loss of right, to wages in certain circumstances

19 (1) Where a ship registered in Bermuda is wrecked or lost a seaman whose employment in the ship is thereby terminated before the date contemplated in the agreement under which he is so employed shall, subject to the following provisions of this section, be entitled to wages at the rate payable under the agreement at the date of the wreck or loss for every day on which he is unemployed in the two months fol-

lowing that date.

(2) Where a ship registered in Bermuda is sold while outside Bermuda or ceases to be so registered and a seaman's employment in the ship is thereby terminated before the date contemplated in the agreement under which he is so employed, then, unless it is otherwise provided in the agreement, he shall, subject to subsection (3), be entitled to wages at the rate payable under the agreement at the date on which his employment is terminated for every day on which he is unemployed in the two months following that date.

(3) A seaman shall not be entitled to wages by virtue of sub section (1) or subsection (2) for a day on which he was unemployed, if it is shown �

(a) that the unemployment was not due to the wreck or loss of the ship or, as the case may be, the termination of his employment on the sale of the ship or its ceasing to be registered in Bermuda; or

(b) that the seaman was able to obtain suitable employment for that day but unreasonably refused or failed to take it.

(4) In this section "seaman" (notwithstanding the definition in section l (2) ) includes the master of a ship.

Protection of certain rights and remedies

20 (1) A seaman's lien, his remedies for the recovery of his wages, his right to wages in case of the wreck or loss of his ship, and any right he may have or obtain in the nature of salvage shall not be capable of being renounced by any agreement.

(2) Subsection (1) does not affect such of the terms of any agreement made with the seamen belonging to a ship which, in accor dance with the agreement, is to be employed on salvage service, as pro vide for the remuneration to be paid to them for salvage services ren dered by that ship.

(3) The master of a ship shall have the same lien for his remu neration, and all disbursement or liabilities properly made or incurred by him on account of the ship, as a seaman has for his wages.

Power of court to award interest on wages due otherwise than under crew agreement

21 In any proceedings by the master of a ship or a person employed in a ship otherwise than under a crew agreement for the recovery of any sum due to him as wages the court, unless it appears to it that the delay in paying the sum was due to a mistake, to a reasonable dispute as to li ability or to the act or default of the person claiming the amount or to any other cause, not being the wrongful act or default of the persons li able to make the payment or their servants or agents, may order them to pay, in addition to the sum due, interest on it at the rate of twenty per centum per annum for the period beginning seven days after the sum became due and ending when the sum is paid.

SAFETY, HEALTH AND WELFARE

Safety and health on ships

22 (1) The Minister may by regulations make such provision as he considers appropriate for all or any of the following purposes, namely�

(a) for securing the safety of ships registered in Bermuda and persons on them;

(b) for protecting the health of persons on ships registered in Bermuda;

(c) for giving effect to any provisions of an international agreement ratified by the United Kingdom and which has been made applicable to Bermuda so far as the agreement relates to the safety of other ships or persons on them or to the protection of the health of persons on those ships.

(2) Regulations in pursuance of subsection (1) (hereafter in this section referred to as "safety regulations") may in particular make provi sion with respect to any of the following matters, namely �

(a) the design, construction, maintenance, repair, alter ation, inspection, surveying and marking of ships and their machinery and equipment;

(b) the packaging, marking, loading, placing, moving, in spection, testing and measuring of cargo and anything on a ship which is not cargo, machinery or equipment;

(d) the use of the machinery and equipment of a ship and of anything on a ship which is not cargo, machinery or equipment;

(e) the manning of ships, including the employment on ships of persons qualified to attend to the health and safety of persons on the ships;

(f) the arrangements for ensuring communication between persons in different parts of a ship and between persons in the ship and other persons;

(g) the access to, presence in and egress from a ship, and different parts of it, of persons of any description;

(h) the ventilation, temperature and lighting of different parts of a ship;

(i) the steps to be taken to prevent or control noise, vibra tion and radiation in and from a ship and the emission in or from a ship of smoke, gas and dust;

(j) the steps to be taken to prevent, detect and deal with outbreaks of fire on a ship;

(k) the steps to be taken to prevent any collision involving a ship and in consequence of any collision involving a ship;

(l) the steps to be taken, in a case where a ship is in dis tress or stranded or wrecked, for the purpose of saving the ship and its machinery, equipment and cargo and the lives of persons on or from the ship, including the steps to be taken by other persons for giving assistance in such a case;

(m) the removal, by jettisoning or otherwise, of its equipment and of other things from a ship for the purpose of avoiding, removing or reducing danger to persons or property;

(n) the steps to be taken, in a case where danger of any kind occurs or is suspected on a ship, for removing or reduc ing the danger and for warning persons who are not on the ship of the danger or suspected danger;

(o) the making of records and the keeping of documents re lating to ships and the keeping and use on a ship of in formation to facilitate the navigation of the ship;

(p) the keeping of registers and the issue of certificates in
cases for which registration or a certificate is required by virtue of the regulations;

(q) the furnishing of information; and

(r) the payment of fees of amounts determined with the ap proval of the Minister of Finance.

(3) Safety regulations �

(a) may make provision in terms of approvals given by the Minister or another person and in terms of any docu ment which the Minister or another person considers relevant from time to time;

(b) may provide for the cancellation of an approval given in pursuance of the regulations and for the alteration of the terms of such an approval; and

(c) must provide for any approval in pursuance of the reg ulations to be given in writing and to specify the date on which it takes effect and the conditions (if any) on which it is given.

(4) Without prejudice to subsection 6(b), safety regulations may provide �

(a) for the granting by the Minister or another person, on such terms (if any) as the Minister or other person may specify, of exemptions from specified provisions of the regulations for classes of cases or individual cases; and

(b) for the alteration or cancellation of exemptions granted in pursuance of the regulations.

(5) Safety regulations may provide �

(a) that in such cases as are prescribed by the regulations a ship shall be liable to be detained and that section 27 of the Act of 1973 (which relates to the detention of a ship) shall have effect, with such modifications (if any) as are prescribed by the regulations, in relation to the ship;

(b) that, in such cases of contraventions of the regulations as are prescribed by the regulations, such persons as are so prescribed each commits an offence:

Punishment on summary conviction: a fine of $2,000

Punishment on conviction by indictment: imprisonment for two years and a fine;

(c) that, notwithstanding anything in paragraph (b) a per son convicted summarily of an offence under the regula tions of a kind which is stated by the regulations to cor respond to an offence under subsection (2) of section 4 of the Merchant Shipping (Load Lines) Act 1967 as ex tended to Bermuda by the Merchant Shipping (Load Lines) (Bermuda) Order 1975 (which relates to the sub mersion of load lines) [title 31 item 13(a)] for which that section authorizes a fine on summary conviction shall be liable to a fine not exceeding the maximum specified in that section.

(6) Safety regulations may �

(a) make different provision for different circumstances and, in particular, make provision for an individual case;

(b) be made so as to apply only in such circumstances as are prescribed by the regulations;

(d) contain such incidental, supplemental and transitional provisions as the Minister considers appropriate.

(7) Where the Minister proposes to make safety regulations or he or another person proposes to give an approval in pursuance of safety regulations it shall be the duty of the Minister or other person, before he gives effect to the proposal, to consult such persons in Bermuda (if any) as he considers will be affected by the proposal.

(8) Nothing in subsections (2) to (6) of this section shall be con strued as prejudicing the generality of subsection (1).

Safety and health regulations specified in the Fifth Schedule deemed to be made under s.22(1)

22A (1) Notwithstanding anything contained in this Act, the regula tions, rules and orders specified in the Fifth Schedule to this Act, as from time to time amended, shall be deemed to have been made under section 22(1) and shall have full force and effect accordingly; and�

(a) any reference in those regulations, rules and orders to British ships or to ships registered in the United King
dom, shall be construed as a reference to ships regis tered in Bermuda and any reference to ships in port in the United Kingdom shall be construed as a reference to ships in port in Bermuda;

(b) any reference therein to the Secretary of State shall be construed as a reference to the Minister;

(c) such regulations, rules and orders shall be otherwise construed with such modifications, adaptation, qualifi cations and exceptions as may be necessary to bring them into conformity with this Act;

(d) any certificate, form or code of instructions printed and officially published for use in compliance with those reg ulations, rules and orders shall apply in similar manner;

(e) those regulations, rules and orders may be amended or replaced by regulations made under section 22(1).

(2) The Minister may by notice published in the Gazette add to or amend the Fifth Schedule.

(3) A notice under subsection (2) shall be subject to the nega tive resolution procedure.

Crew accommodation

23 (1) The Minister may make regulations with respect to the crew accommodation to be provided in ships registered in Bermuda.

(2) Without prejudice to the generality of subsection (1), regu lations made under this section may �

(a) prescribe the minimum space per man which must be provided by way of sleeping accommodation for seamen and the maximum number of persons by whom a speci fied part of such sleeping accommodation may be used;

(b) regulate the position in the ship in which the crew ac commodation or any part thereof may be located and the standards to be observed in the construction, equipment and furnishing of any such accommodation;

(c) require the submission to a surveyor of ships of plans and specifications of any works proposed to be carried out for the purpose of the provision or alteration of any
such accommodation and authorize the surveyor to in spect any such works; and

(d) provide for the maintenance and repair of any such ac commodation and prohibit or restrict the use of any such accommodation for purposes other than those for which it is designed.

(3) Regulations under this section may �

(a) make different provision with respect to different de scriptions of ships or with respect to ships which were registered in Bermuda at different dates or the con struction of which was begun at different dates and with respect to crew accommodation provided for seamen of different descriptions;

(b) exempt ships of any description from any requirements of the regulations and the Minister may grant other ex emptions from any such requirement with respect to any ship;

(c) require the master of a ship or any officer authorized by him for the purpose to carry out such inspections of the crew accommodation as may be prescribed by the regu lations.

(4) If any regulations made under this section are contravened in the case of a ship the owner and the master each commit an offence:

Punishment on summary conviction: a fine of $1,500, and the ship, if in Bermuda, may be detained.

(5) In this section "crew accommodation" includes sleeping rooms, mess rooms, sanitary accommodation, hospital accommodation, recreation accommodation, store rooms and catering accommodation provided for the use of seamen but does not include any accommodation which is also used by or provided for the use of passengers.

(6) For the purposes of this section and without prejudice to the generality of the powers therein contained, the Merchant Shipping (Crew Accommodation) Regulations 1978 as may be amended from time to time and having effect in the United Kingdom shall, unless varied by or repugnant to regulations made under this section, be deemed to be regulations made under this section and shall apply to ships registered in Bermuda accordingly.

Provisions and water

24 (1) The Minister may make regulations requiring such provi sions and water to be provided for seamen employed in ships registered in Bermuda or any description of such ships as may be specified in the regulations; and regulations under this section may make different pro vision for different circumstances and different descriptions of seamen.

(2) Regulations under this section may require a ship to carry such weighing and measuring equipment as may be necessary to ensure that the quantities of provisions and water supplied to seamen employed in the ship are in accordance with the regulations.

(3) The Minister may exempt any ship from any requirement of regulations made under this section, either generally or in respect of a particular voyage.

(4) If any regulations made under this section are not complied with in the case of a ship the master or the owner each commit an of fence:

Punishment on summary conviction: a fine of $500 unless he proves that the failure to comply was not due to his neglect or default.

(5) If a person empowered under this Act to inspect the provi sions and water to be supplied to the seamen employed in a ship is not satisfied that they are in accordance with regulations made under this section the ship, if in Bermuda, may be detained.

Complaints about provisions or water

25 (1) If three or more seamen employed in a ship registered in Bermuda consider that the provisions or water provided for the seamen employed in that ship are not in accordance with regulations made un der section 24 (whether because of bad quality, unfitness for use or defi ciency in quantity) they may complain to the master who shall investi gate the complaint.

(2) A complaint under subsection (1) shall be made not less than 24 hours before departure of the ship if in port:

Provided that where the ship will be in port for 24 hours or less the complaint shall be made as soon as possible after discovery by the seamen of the matters of which they complain.

(3) If the seamen are dissatisfied with the action taken by the master as a result of his investigation or by his failure to take any action they may state their dissatisfaction to him and may claim to complain to a Superintendent or proper officer; and thereupon the master shall make adequate arrangements to enable the seamen to do so as soon as

the service of the ship permits.

(4) The Superintendent or proper officer to whom a complaint has been made under this section shall investigate the complaint and may examine the provisions or water or cause them to be examined.

(5) If the master fails without reasonable cause to comply with subsection (3) he commits an offence:

Punishment on summary conviction: a fine of $300, and if he has been notified in writing by the person making an examination under subsec tion (4) that any provisions or water are found to be unfit for use or not of the quality required by the regulations, then, �

(a) if they are not replaced within a reasonable time the master and the owner each commit an offence:

Punishment on summary conviction: a fine of $500 un less he proves that the failure to replace them was not due to his neglect or default; and

(b) if the master, without reasonable cause, permits them to be used he commits an offence:

Punishment on summary conviction: a fine of $500.

26 [repealed by BR 43/1991 effective 23 August 1991]

Medical stores

27 (1) The Minister may make regulations requiring ships regis tered in Bermuda, or such descriptions of ships registered in Bermuda as may be specified in the regulations, to carry such medicines and other medical stores (including books containing instructions and advice) as may be specified in the regulations; and the regulations may make differ ent provision for different circumstances.

(2) If a ship goes to sea or attempts to go to sea without carry ing the medical stores which it is required to carry by regulations under this section the master and the owner each commit an offence:

Punishment on summary conviction: a fine of $600 unless they prove that the failure to carry the stores was not due to their neglect or default.

(3) If a person empowered under this Act to inspect the medical stores carried in a ship is not satisfied that the ship carries the stores which it is required to carry by regulations under this section, the ship, if in Bermuda, may be detained.

Medical treatment on board ship

28 Where a ship registered in Bermuda does not carry a doctor among the seamen employed in it the master shall make arrangements for securing that any medical attention on board the ship is given either by him or under his supervision by a person appointed by him for the purpose.

Expenses of medical treatment, etc. during voyage

29 If a person, while employed in a ship registered in Bermuda, re ceives outside Bermuda any surgical or medical treatment or such dental or optical treatment (including the repair or replacement of any appli ance) as cannot be postponed without impairing efficiency, the reason able expenses thereof shall be borne by the persons employing him; and if he dies while so employed and is buried or cremated outside Bermuda, the expenses of his burial or cremation shall also be borne by those per sons.

OFFENCES BY SEAMEN, AND OTHERS

Conduct endangering ships, structures or individuals

30 (1) This section applies �

(a) to the master of, or any seaman employed in, a ship registered in Bermuda; and

(b) to the master of, or any seaman employed in, a ship which �

(i) is registered under the law of any country outside Bermuda, and

(ii) is in a port in Bermuda or within the seaward limits of the territorial sea of Bermuda while proceeding to or from any such port.

(2) If a person to whom this section applies, while on board his ship or in its immediate vicinity �

(a) does any act which causes or is likely to cause �

(i) the loss or destruction of or serious damage to his ship or its machinery, navigational equipment or safety equipment, or

(ii) the loss or destruction of or serious damage to any other ship or any structure, or

(iii) the death of or serious injury to any person, or

(b) omits to do anything required �

(i) to preserve his ship or its machinery, navigational equipment or safety equipment from being lost, destroyed or seriously damaged, or

(ii) to preserve any person on board his ship from death or serious injury, or

(iii) to prevent his ship from causing the loss or destruction of or serious damage to any other ship or structure, or the death of or serious injury to any person not on board his ship,

and either of the conditions specified in subsection (3) is satisfied with respect to that act or omission, he shall, subject to subsections (6) and (7), be guilty of an offence.

(3) Those conditions are �

(a) that the act or omission was deliberate or amounted to a breach or neglect of duty;

(b) that the master or seaman in question was under the influence of drink or a drug at the time of the act or omission.

(4) If a person to whom this section applies �

(a) discharges any of his duties, or performs any other function in relation to the operation of his ship or its machinery or equipment, in such a manner as to cause, or to be likely to cause, any such loss, destruction, death or injury as is mentioned in subsection (2)(a), or

(b) fails to discharge any of his duties, or to perform any such function, properly to such an extent as to cause, or to be likely to cause, any of those things,

he shall, subject to subsections (6) and (7), be guilty of an offence.

(5) A person guilty of an offence under this section is liable �

(a) on summary conviction, to a fine of $1,000;

(b) on conviction on indictment, to imprisonment for a term of two years or a fine, or both.

(6) In proceedings for an offence under this section it shall be a defence to prove �

(a) in the case of an offence under subsection (2) where the act or omission alleged against the defendant consisted of a breach or neglect of duty, that the defendant took all reasonable steps to discharge that duty;

(b) in the case of an offence under subsection (4), that the defendant took all reasonable precautions and exercised all due diligence to avoid committing the offence; or

(i) that he could have avoided committing the offence only by disobeying a lawful command, or

(ii) that in all the circumstances the loss, destruction, damage, death or injury in question, or, as the case may be, the likelihood of its being caused, either could not reasonably have been foreseen by the defendant or could not reasonably have been avoided by him.

(7) In the application of this section to any person falling within subsection (1)(b), subsections (2) and (4) have effect as if paragraphs (a)(i) and (b)(i) of subsection (2) were omitted; and no proceedings for an offence under this section shall be instituted against such person except by and with the consent of the Attorney General.

(8) In this section�

"breach or neglect of duty", except in relation to a master, includes any disobedience to a lawful command;

"duty"�

(a) in relation to a master or a seaman, means any duty falling to be discharged by him in his capacity as such; and

(b) in relation to a master, includes his duty with respect to the good management of his ship and his duty with respect to the safety of operation of his ship, its machinery and equipment;

"structure" means any fixed or moveable structure (of whatever description) other than a ship.

[section 30 substituted by BR 43/1991 effective 23 August 1991]

Drunkenness etc. on duty

31 If a seaman employed in a fishing vessel registered in Bermuda
is, while on duty, under the influence of drink or a drug to such an ex tent that his capacity to carry out his duties is impaired, he commits an offence:

Punishment on summary conviction: a fine of $300.

Continued or concerted disobedience, neglect of duty

32 If a seaman employed in a ship registered in Bermuda combines with other seamen employed in that ship �

(a) to disobey lawful commands which are required to be obeyed at a time while the ship is at sea;

(b) to neglect any duty which is required to be discharged at such a time; or

he shall be liable on summary conviction to a fine of $800 or on conviction on indictment to imprisonment for two years and for the purposes of this section, a ship shall be treated as being at sea when it is not securely moored in a safe berth.

[section 32 amended by BR 43/1991 effective 23 August 1991]

33 [repealed by BR 43/1991 effective 23 August 1991]

Offences committed by certain other persons

34 Where a person goes to sea in a ship without the consent of the master or of any other person authorized to give it or is conveyed in a ship in pursuance of section 58(4)(b), sections 30, 32 shall ap ply as if he were a seaman employed in the ship.

[section 34 amended by BR 43/1991 effective 23 August 1991]

Defence of drug taken for medical purposes

35 In proceedings for an offence under section 30(2) or section 31 it shall be a defence to prove that at the time of the act or omission alleged against the defendant he was under the influence of a drug taken by him for medical purposes and either that he took it on medical advice and complied with any directions given as part of that advice or that he had no reason to believe that the drug might have the influence it had.

[section 35 amended by BR 43/1991 effective 23 August 1991]

DISCIPLINARY OFFENCES

Disciplinary offences

36 [repealed by BR 43/1991 effective 23 August 1991]

Appeal against fine for disciplinary offence

37 [repealed by BR 43/1991 effective 23 August 1991]

Breaches by seamen of codes of conduct and local industrial agree ments

38 (1) Subject to subsection (4) the Minister may by regulations make provision �

(a) for the hearing on shore in Bermuda or in the United Kingdom, by a body established or approved by him in pursuance of the regulations, of a complaint by the master or owner of a ship registered in Bermuda, other than a fishing vessel, alleging that during a period when a person (hereafter in this subsection referred to as "the seaman") was employed on board the ship, he contra vened, either on board the ship or elsewhere, a provision of a code of conduct approved by the Minister for the purposes of this section;

(b) for enabling the body to dismiss the complaint if it finds the allegation not proved and, if it finds the allegation proved, to warn or reprimand the seaman or to recom mend to the Minister that the seaman shall, either for a period specified in the recommendation or permanently, cease to be entitled to a discharge book in pursuance of section 71 of the Merchant Shipping Act 1970 of the United Kingdom and shall be required to surrender any such book which has been issued to him;

(c) for enabling the seaman to appeal against such a rec ommendation to another body established or approved as aforesaid and for enabling the body to confirm or cancel the recommendation or, in the case of a recom mendation that the seaman shall cease to be entitled to a discharge book permanently or for a particular period, to substitute for it a recommendation that he shall cease to be so entitled, instead of permanently, for a period specified in the substituted recommendation or, instead of for the particular period, for a shorter period so speci fied;

(d) for securing that a recommendation in pursuance of regulations made by virtue of paragraph (b) that the seaman shall permanently cease to be entitled to a dis charge book is not submitted to the Minister unless it has been confirmed, either on appeal or otherwise, by a body which is or was authorized by regulations made by virtue of paragraph (c) to entertain an appeal against the recommendation;

(e) for the establishment or approval for the purposes of this section of such number of bodies as the Minister thinks fit and with respect to the composition, jurisdic tion and procedure of any body established or approved for those purposes;

(f) for the payment out of money provided by the Legisla ture such remuneration and allowances as the Minister may with the consent of the Minister of Finance deter mine to any member of a body established by the Min ister in pursuance of the regulations,

and regulations made by virtue of this subsection may make different provision for different circumstances and may contain such incidental and supplemental provisions as the Minister considers appropriate.

(2) Without prejudice to the generality of subsection (1), regu lations made by virtue of subsection (1) may include provision for any proceedings in pursuance of the regulations to take place notwithstand ing the absence of the seaman to whom the proceedings relate; and nothing in regulations made by virtue of subsection (1) or done in pur-suance of regulations so made shall be construed as affecting any power to institute, prosecute, entertain or determine proceedings (including criminal proceedings) under any other enactment or at common law.

(3) When the Minister proposes to make any regulations in pursuance of subsection (1) it shall be his duty, before he makes the regulations to consult about the proposal such organizations in Bermuda as he considers are representatives of persons likely to be affected by the regulations.

(4) This section shall apply only to ships in relation to the sea men in which there is a local industrial agreement referring to the provi sions of the regulations made under subsection (1); and for the purposes of this subsection "local industrial agreement" means an agreement be tween a trade union of which the seamen are members and the owner or such other person as is managing the ship to which the agreement re lates.

Prohibition of double prosecutions

39 [repealed by BR 43/1991 effective 23 August 1991]

Trade disputes involving seamen

40 Notwithstanding anything in any agreement, a seaman employed in a ship registered in Bermuda may terminate his employment in that ship by leaving the ship in contemplation or furtherance of a labour dispute within the meaning of the Labour Relations Act 1975 [title 18 item 1] after giving to the master not less than forty-eight hours' notice of his intention to do so, and shall not be compelled, unless the notice is withdrawn, to go to sea in the forty-eight hours following the giving of such a notice; but such notice shall be of no effect unless at the time it is given the ship is in Bermuda and securely moored to a safe berth.

[section 40 substituted by BR 43/1991 effective 23 August 1991]

MANNING AND CERTIFICATION

Manning

41 (1) Subject to subsections (2) and (7), the Minister may make regulations �

(a) requiring ships to which this section applies to carry such number of qualified officers of any description, qualified doctors and qualified cooks and such number of other seamen or qualified seamen of any description as may be specified in the regulations; and

(b) prescribing or enabling the Minister to specify standards of competence to be attained and other conditions to be satisfied (subject to any exceptions allowed by or under the regulations) by officers and other seamen of any de scription in order to be qualified for the purposes of this section.

(2) The Minister shall not exercise his power to make regula tions requiring ships to carry seamen other than doctors and cooks ex cept to the extent that it appears to him necessary or expedient in the interests of safety.

(3) Regulations under this section may make different provision for different descriptions of ship or for ships of the same description in different circumstances.

(4) The power to make regulations conferred by this section in cludes power to make regulations providing that existing certificates

(which relate to certificates of competency or service as masters, mates and en gineers and as skippers and second hands of fishing boats), a certificate referred to in an Order in Council made by virtue of section 102 of that Act (which relates to Commonwealth certificates of competency), a certifi cate granted in pursuance of section 27(2) of the Merchant Shipping Act 1906 of the United Kingdom or by an institution approved in pursuance of that subsection (which relates to cooks).

(6) Without prejudice to the generality of subsection (1)(b) but subject to subsection (7), the conditions prescribed or specified under that paragraph may include conditions as to nationality, and regulations made for the purposes of that paragraph may make provision, or enable the Minister to make provision for �

(a) the manner in which the attainment of any standard or the satisfaction of any other condition is to be evidenced;

(b) the conduct of any examination, the conditions for ad mission to them and the appointment and remuneration of examiners; and

and different provisions may be so made or enabled to be made for dif ferent circumstances.

(7) Regulations relating to subsection (1)(b) and subsection (6)(a), (b) and (c) shall not be made until after consultation with the Sec retary of State for Trade.

(8) Until regulations under this section are made, section 92 of the principal Act (as amended by the Merchant Shipping Act 1967 of the United Kingdom) shall, subject to such modifications and adaptations as may be necessary, have effect in relation to ships registered in Bermuda:

Provided that a ship registered at the date when this section comes into force may, subject to sections 42 and 43, continue to be manned in the manner it had been prior to that date:

Provided further that where two or more such ships are in one ownership they may continue to be manned in the manner and accord ing to the practice subsisting prior to that date; so however that in no case shall such manning continue for a period longer than five years af ter the coming into force of this section.

(9) If a person makes a statement which he knows to be false
or recklessly makes a statement which is false in a material particular for the purpose of obtaining for himself or another person a certificate or other document which may be issued under this section he commits an offence:

Punishment on summary conviction: a fine of $1,000.

Power to exempt from manning requirements

42 (1) The Minister may exempt any ship or description of ship from any requirements of regulations made under section 41.

(2) An exemption given under this section may be confined to a particular period or to one or more particular voyages.

Prohibition of going to sea under-manned

43 Subject to section 42, if a ship goes to sea or attempts to go to sea without carrying such officers and other seamen as it is required to carry under section 41 the owner or the master commits an offence:

Punishment on summary conviction: a fine of $1,000 and the ship, if in Bermuda, may be detained.

Unqualified persons going to sea as qualified officers or seamen

44 (1) If a person goes to sea as a qualified officer or seaman of any description without being such a qualified officer or seaman he commits an offence:

Punishment on summary conviction: a fine of $500.

(2) In this section "qualified" means qualified for the purposes of section 41.

Production of certificates and other documents of qualification

45 Any person serving or engaged to serve in any ship to which this section applies and holding any certificate or other document which is evidence that he is qualified for the purposes of section 41 shall on de mand produce it to any Superintendent, surveyor or proper officer and (if he is not himself the master) to the master of the ship; and if he fails to do so without reasonable cause he commits an offence:

Punishment on summary conviction: a fine of $300.

Crew's knowledge of English

46 (1) Where in the opinion of a Superintendent or proper officer the crew of a ship to which this section applies consist of or include per-
sons who may not understand orders given to them in the course of their duty because of their insufficient knowledge of English and the absence of adequate arrangements for transmitting the orders in a language of which they have sufficient knowledge, then �

Bermuda Consolidated Legislation

Merchant Shipping Act 1979