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5 [repealed]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26 [repealed]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33 [repealed]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36 [repealed]

37 [repealed]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39 [repealed]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-

(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 �

(a) if the Superintendent or proper officer has informed the master of that opinion the ship shall not go to sea; and

(b) the ship, if in Bermuda, may be detained.

(2) If a ship goes to sea or attempts to go to sea in contraven tion of this section the owner and the master each commit an offence:

Punishment on summary conviction: a fine of $1,500.

Application of sections 41, 43, 45 and 46

47 Sections 41, 43, 45 and 46 shall apply to every ship registered in Bermuda except pleasure yachts and such ships as may be exempted therefrom by regulations made by the Minister under this section.

Restriction on employment of persons under school leaving age on board ship

48 (1) A person under school-leaving age shall not be employed in any ship registered in Bermuda except as permitted by regulations under this section.

(2) The Minister may make regulations �

(a) prescribing circumstances in which and conditions subject to which persons under school-leaving age who have attained such age as may be specified in the regu lations may be employed in a ship in such capacities as may be so specified;

(b) prescribing circumstances and capacities in which per sons over school-leaving age but under the age of eigh teen or under such lower age as may be specified in the regulations must not be employed in a ship registered in Bermuda or may be so employed only subject to such conditions as may be specified in the regulations.

(3) Regulations made for the purposes of this section may make different provision for different employments and different descrip tions of ship and any other different circumstances.

(4) If any person is employed in a ship in contravention of this section or if any condition subject to which a person may be employed
under regulations made for the purposes of this section is not complied with, the owner or the master commits an offence:

Punishment on summary conviction: a fine of $500.

(5) For the purposes of this section a person employed in a ship shall be deemed to be over school-leaving age if he has, and under school-leaving age if he has not, attained the age which is the upper limit of the compulsory school age under the Education Act 1954 [title 12 item 1].

Inquiry into fitness or conduct of officer

49 If it appears to the Minister that an officer �

(a) is unfit to discharge his duties, whether by reason of in competence or misconduct or for any other reason; or

(b) has been seriously negligent in the discharge of his du ties; or

(c) has failed to comply with section 422 of the principal Act (duty to give assistance and information after collision),

the Minister may cause an inquiry to be held by a person appointed by him and if the person holding the inquiry is satisfied of any of the mat ters mentioned in paragraphs (a) to (c), the minister shall cause a copy of the report of the person holding the inquiry to be submitted to the au thority which issued a certificate of competency to such officer together with the recommendation of the Minister as to the cancellation or sus pension of such certificate or censure of such officer.

SHIPPING CASUALTIES

Preliminary inquiry and formal investigation into shipping casualty.

50 (1) Where any of the following casualties has occurred�

(a) the loss or presumed loss, stranding, grounding, aban donment of or damage to a ship; or

(b) a loss of life or serious personal injury caused by fire on board or by any accident to a ship or ship's boat or life-raft from a ship, or by any accident occurring on board a ship or ship's boat or life-raft; or

(d) any damage caused by a ship; or

(e) any person is lost from a ship or any boat or life-raft from a ship,

and at the time it occurred, the ship was registered in Bermuda or the ship or boat or life-raft was in Bermuda or the territorial waters of Bermuda, the Minister may �

(i) cause a preliminary inquiry to be held by a per son appointed by him for the purpose; and

(ii) whether or not a preliminary inquiry into the ca sualty has been held, cause a formal investiga tion into the casualty to be held.

(2) Where an incident has occurred which the Minister consid ers was or is capable of causing a casualty into which he could require an inquiry in pursuance of subsection (1), the powers to hold an inquiry or an investigation or both which are conferred on him by paragraphs (i) and (ii) of that subsection shall be exercisable in relation to the incident as if it were such a casualty.

(3) A person appointed under subsection (1) shall have all the powers which an inspector appointed under section 728 of the principal Act has in the United Kingdom.

(4) After the conclusion of a preliminary inquiry under this section the person holding the inquiry shall forward a report thereof to the Minister without delay and in any event not later than one month after such conclusion.

(5) The Minister may make rules for the conduct of a prelimi nary inquiry under this section.

Report of shipping casualties

51 (1) Where any such casualty as is mentioned in section 50 has occurred in the case of a ship or ship's boat or life-raft from a ship and, at the time it occurred, the ship was registered in Bermuda, the owner or master of the ship shall, as soon as practicable, and in any case not later than twenty-four hours after the ship's arrival at the next port, report the casualty to the Minister, and give such details and particulars thereof as the Minister may require.

(2) If the owner or master of a ship fails without reasonable cause to comply with subsection (1) he commits an offence:

Punishment on summary conviction: a fine of $500.

Formal investigation into shipping casualty

52 (1) A tribunal holding a formal investigation into a casualty or incident under section 50 shall conduct it in accordance with rules un der section 54(1), and those rules shall require the assistance of one or more assessors and, if any question as to the cancellation or suspension of an officer's certificate is likely to arise, the assistance of not less than two assessors.

(2) Section 9 of the Magistrates Act 1948 (which provides for the attendance of witnesses) [title 8 item 15] shall apply in relation to a formal investigation held by a tribunal.

(3) If as a result of the investigation the tribunal are satisfied, with respect to any officer, of any of the matters mentioned in section 49(a) to (c) and, if it is a matter mentioned in section 49(a) or (b), is fur ther satisfied that it caused or contributed to the casualty, the tribunal may �

(a) cancel or suspend any certificate issued to the officer under section 41 (except subsection (4) ) or may censure him; and if they cancel or suspend the certificate the of ficer shall deliver it forthwith to the tribunal or to the Minister;

(b) in the case of a certificate issued to the officer by an authority other than the Minister and deemed to be is sued in pursuance of section 41, recommend to the au thority which issued the certificate that it should cancel or suspend the certificate, and the officer shall deliver the certificate forthwith to the tribunal to be forwarded to the authority which issued it.

(4) The tribunal may make such order with regard to the costs of the investigation as they think just and shall make a report on the case to the Minister.

(5) Any costs which a person is ordered to pay under subsec tion (4) may be recovered from him by the Minister.

Rehearing of and appeal from inquiries and investigations

53 (1) Where an inquiry or formal investigation has been held un der section 49 or 50 the Minister may order the whole or part of the case to be re-heard, and shall do so �

(a) if new and important evidence which could not be pro duced at the inquiry or investigation has been discov ered; or

(b) if there appear to the Minister to be other grounds for suspecting that a miscarriage of justice may have oc curred.

(2) An order under subsection (1) may provide for the re-hear ing to be by the persons who held it, or by the tribunal or by the Supreme Court.

(3) Any re-hearing under this section which is not held by the Supreme Court shall be conducted in accordance with rules made under section 54(1); and section 52 shall apply in relation to a re-hearing of an investigation by a tribunal as it applies in relation to the holding of an investigation.

(4) Where the persons holding the inquiry or investigation have decided to cancel or suspend or recommend that the issuing authority should cancel or suspend the certificate of any person or have found any person at fault, then, if no application for an order under subsection (1) of this section has been made or such an application has been refused, that person or any other person who, having an interest in the inquiry or investigation, has appeared at the hearing and is affected by the decision or finding, may appeal to the Supreme Court.

Rules as to inquiries, investigations and appeals

54 (1) The Minister may make rules for the conduct of inquiries under section 49 and of formal investigations under section 52 and for the conduct of any re-hearing under section 53 which is not held by the Supreme Court.

(2) Without prejudice to the generality of subsection (1), rules under this section may provide for the appointment and summoning of assessors, the manner in which any facts may be proved, the persons allowed to appear, and the notices to be given to persons affected.

(3) Rules of court made for the purpose of re-hearings under section 53 which are held by the Supreme Court, or of appeals to the Supreme Court, may require the court, subject to such exceptions, if any, as may be allowed by the rules, to hold such a re-hearing or hear such an appeal with the assistance of one or more assessors.

Failure to deliver cancelled or suspended certificate

55 If a person fails to deliver a certificate as required under section 52(3) he shall be liable on summary conviction to a fine not exceeding
$25.

Power to restore certificate

56 Where a certificate has been cancelled or suspended under this Act, the Minister, if of the opinion that the justice of the case requires it, may�

(a) recommend that the issuing authority should re-issue the certificate or reduce the period of suspension and return the certificate or should grant a new certificate of the same or a lower grade in place of the cancelled or suspended certificate;

(b) in the case of a certificate issued by the Minister under section 41 (except subsection (4)), re-issue the certificate or reduce the period of suspension and return the cer tificate or grant a new certificate of the same or lower grade in place of the cancelled or suspended certificate.

INQUIRIES INTO DEATHS OF CREW MEMBERS AND OTHERS

Inquiries into deaths of crew members and others

57 (1) Subject to subsection (5), where�

(a) any person dies in a ship registered in Bermuda or in a boat or life-raft from such a ship; or

(b) the master of or a seaman employed in such a ship dies in a country outside Bermuda,

an inquiry into the cause of the death shall be held by a Superintendent or proper officer at the next port where the ship calls after the death and where there is a Superintendent or proper officer, or at such other place as the Minister may direct.

(1A) Subject to subsection (5), where it appears to the Minister that�

(a) in consequence of an injury sustained, or a disease contracted by, a person when he was the master of or a seaman employed in a ship registered in Bermuda, that person ceased to be employed in the ship and subse quently died; and

(b) the death occurred in a country outside Bermuda
during the period of one year beginning with the day when he so ceased,

the Minister may arrange for an inquiry into the cause of the death to be held by a Superintendent or proper officer.

(2) Subject to subsection (5), where the Minister considers that a person may�

(a) have died in a ship registered in Bermuda or in a boat or life-raft from such a ship; or

(b) have been lost from such a ship, boat or life-raft and have died in consequence of having been so lost,

the Minister may arrange for an inquiry to be held by a Superintendent or proper officer into whether the person died as aforesaid and, if the Superintendent or officer finds that he did, into the cause of the death.

(3) The Superintendent or proper officer holding the inquiry shall for the purpose of the inquiry have the powers which an inspector appointed under section 728 of the principal Act has in the United King dom.

(4) The person holding the inquiry shall make a report of his findings to the Minister and the Minister shall make a copy of the report available�

(a) if the person to whom the report relates was employed in the ship and a person was named as his next of kin in the crew agreement or list of the crew in which the name of the person to whom the report relates, to the person so named;

(b) in any case, to any person requesting it who appears to the Minister to be interested.

(5) No inquiry shall be held under this section in a case where, in Bermuda, a coroner's inquest is to be held under the Coroners Act 1938 [title 8 item 81].

RELIEF AND REPATRIATION OF SEAMEN LEFT BEHIND

Relief and return of seamen left behind

58 (1) Where�

(a) a person employed as a seaman in a ship registered in Bermuda is left behind in any country outside Bermuda
or is taken to such a country on being shipwrecked; or

(b) a person who became so employed under an agreement entered into outside Bermuda is left behind in Bermuda or is taken to Bermuda on being shipwrecked,

the persons who last employed him as a seaman shall make such provi sion for his return and for his relief and maintenance until his return and such other provisions as may be required by regulations made by the Minister.

(2) The provisions to be so made may include the repayment of expenses incurred in bringing a shipwrecked seaman ashore and main taining him until he is brought ashore and the payment of the expenses of the burial or cremation of a seaman who dies before he can be re turned.

(3) The Minister may also make regulations providing for the manner in which any wages due to any person left behind or taken to any country as mentioned in subsection (1), and any property of his left on board ship, are to be dealt with.

(4) Without prejudice to the generality of the preceding provi sions, regulations made under this section may make provision�

(a) for determining the place to which a person is to be re turned;

(b) for requiring the master of any ship registered in Bermuda to convey a person to a place determined in accordance with the regulations and for enabling a Su perintendent or proper officer to give the master direc tions for that purpose;

(d) for the keeping of records and the rendering of accounts.

(5) The Minister may make regulations requiring a Superinten-dent or proper officer�

(a) to make such provision as may be prescribed by the regulations with respect to any matter for which provi sion may be required to be made by regulations under the preceding provisions of this section; and

(b) to make the like provision with respect to Bermudian

seamen found in distress in any country outside Bermuda after being employed in ships registered in, or belonging to the government of, such a country.

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

(7) This section applies to a person left behind on being dis charged in pursuance of section 11, whether or not at the time he is left behind the ship is still registered in Bermuda.

Limit of employer's liability under s.58

59 Where a person left behind in or taken to any country as men tioned in section 58(1) remains there after the end of a period of three months the persons who last employed him as a seaman shall not be li able under that section to make provision for his return or for any matter arising after the end of that period, unless they have before the end of that period been under an obligation imposed on them by regulations under that section to make provision with respect to him.

Recovery of expenses incurred for relief and return

60 (1) Where any expenses are incurred in respect of any matter for which the employers of a seaman are required to make provision un der section 58, then�

(a) if the expenses are incurred by the Minister, or are in curred by the government of any country outside Bermuda and repaid to them on behalf of the Govern ment of Bermuda, the Minister may recover them from the employers;

(b) if the expenses are incurred by the seaman he may re cover them from the employers unless they prove either that under the terms of his employment they were to be borne by him or that he would not have been left behind but for his own wrongful act or neglect.

(2) Where, in the case of any seaman, expenses are incurred by the Minister or are incurred by the Government of any country outside Bermuda and repaid to them on behalf of the Government of Bermuda�

(a) in respect of any matter for which, but for section 59, the seaman's last employers would have been required to make provision under section 58; or

(b) in respect of any matter for which provision is required to be made under section 58(5)(b),

the Minister may recover them from the seaman (or, if he has died, from his personal representatives).

PROPERTY OF DECEASED SEAMEN

Custody, etc. of property of deceased seamen

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

Disposal of property of deceased seamen

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

Application of sections 58 to 60 to masters

63 In sections 58 to 60 "seaman" (notwithstanding the definition in section 1(2)) includes the master of a ship.

[section 63 amended by BR 43/1991 effective 23 August 1991]

DOCUMENTATION, REPORTS AND RETURNS

Official log books

64 (1) Except as provided by regulations under this section an of ficial log book in a form approved by the Minister shall be kept in every ship registered in Bermuda.

(2) The Minister may make regulations prescribing the particu lars to be entered in official log books, the persons by whom such entries are to be made, signed or witnessed, and the procedure to be followed in the making of such entries and in their amendment or cancellation.

(3) The regulations may require the production or delivery of official log books to such persons, in such circumstances and within such times as may be specified therein.

(4) Regulations under this section may exempt ships of any de scription from any requirements thereof, either generally or in such cir cumstances as may be specified in the regulations.

(5) Regulations under this section may make a contravention of any provision thereof an offence punishable on summary conviction with a fine not exceeding $150.

(6) If a person wilfully destroys or mutilates or renders illegible any entry in an official log book he commits an offence:

Punishment on summary conviction: a fine of $500.

Lists of crew

65 (1) Except as provided by regulations made under this section the master of every ship registered in Bermuda shall make and maintain a list of the crew containing such particulars as may be required by the regulations.

(2) The Minister may make regulations�

(a) specifying the particulars to be entered in a list of the crew;

(b) limiting the time for which a list of the crew may remain in force;

(c) providing for the maintenance by such persons and ei ther in such place as may be specified in the regulations or, if it is so specified, in the ship, of a copy or copies of each list of a crew, and for the notification to such per sons of any changes therein;

(d) for the production of a list of the crew to such persons, in such circumstances and within such time as may be specified in the regulations; and

(e) for the delivery to a Superintendent or proper officer or the Registrar, in such circumstances as may be specified in the regulations, of a list of the crew or a copy thereof maintained under the regulations and for the notifica tion to him of any changes in such a list.

(3) Regulations under this section may enable a list of the crew to be contained in the same document as a crew agreement and may treat any particulars entered in the crew agreement as forming part of the particulars entered in the list.

(4) Regulations under this section may exempt from the re quirements thereof such descriptions of ship as may be specified in the regulations and may make different provision for different circum stances.

(5) Regulations under this section may make a contravention of any provision thereof an offence punishable on summary conviction by a fine not exceeding $150.

Returns of births and deaths in ships

66 (1) The Minister may make regulations�

(a) requiring the master of any ship registered in Bermuda to make a return to a Superintendent or proper officer for transmission to the Registrar of any birth or death occurring in the ship and of the death, wherever occur ring outside Bermuda, of any person employed in the ship, and to notify any such death to such person (if any) as the deceased may have named to him as his next of kin;

(b) requiring the Registrar to record such information as may be specified in the regulations about such a death as is mentioned in paragraph (a) in a case where it ap pears to him that the master cannot perform the duty imposed on him by virtue of that paragraph in respect of the death because he has himself died or is incapaci tated or missing and either�

(i) the death in question has been the subject of a coroner's inquest held under the Coroners Act 1938 [title 8 item 81] or an inquiry held in pur suance of section 57 and the findings of the in quest or the inquiry include a finding that death occurred; or

(ii) a post mortem examination has been made of the body of the deceased in consequence of which the coroner is satisfied that an inquest is not necessary.

(2) Regulations under this section may require the Registrar to send a certified copy of any return or record made thereunder to the Registrar General and to the Registrar General of Shipping and Seamen appointed under section 80 of the Merchant Shipping Act 1970 of the United Kingdom or any enactment in substitution for that Act.

(3) The Registrar General to whom any such certified copies are sent shall record the information contained therein in a register kept by him for the purpose and to be called the marine register, and may also record in that register such additional information as appears to him de sirable for the purpose of ensuring the completeness and correctness of the register; and the Registration (Births and Deaths) Act 1949 [title 28 item 1] shall have effect as if the marine register were a register of births or deaths.

(4) Regulations under this section may make a contravention of any provision thereof an offence punishable on summary conviction by a fine not exceeding $150.

(5) Regulations under this section may contain provisions for
authorizing the registration of deaths occurring outside Bermuda, of per sons who have been employed in a ship registered in Bermuda which oc cur elsewhere than in the ship.

Handing over of documents on change of master

67 If a person ceases to be the master of a ship registered in Bermuda during a voyage of the ship he shall deliver to his successor the documents relating to the ship or its crew which are in his custody; and if he fails without reasonable cause to do so he commits an offence:

Punishment on summary conviction: a fine of $500.

Admissibility in evidence and inspection of certain documents

68 (1) The following documents shall be admissible in evidence and, when in the custody of the Registrar, shall be open to public in spection�

(a) crew agreements, lists of crews made under section 65 and notices given under this Act of additions to or changes in crew agreements and lists of crews;

(b) the official log book of any ship kept under section 64 and, without prejudice to section 695(2) of the principal Act, any document purporting to be a copy of an entry therein and to be certified as a true copy by the master of the ship;

(d) returns or reports under section 66 or under regulations made under section 22.

(2) A certificate of competence shall be admissible in evidence.

Inspection and admissibility in evidence of copies of certain documents

68A (1) Where under any enactment a document is open to public inspection when in the custody of the Registrar �

(a) there may be supplied for public inspection a copy or other reproduction of the document instead of the original; but

(b) the original shall nevertheless be made available for public inspection if the copy or other reproduction is illegible.

(2) Where the Registrar destroys any document which has been sent to him under or by virtue of any enactment, and keeps a copy or other reproduction of that document, then �

(a) any enactment providing for the document to be admissible in evidence or open to public inspection, and

(b) in the case of a document falling within subjection (1), that subsection,

shall apply to the copy or other reproduction as if it were the original.

(3) For the purposes of this section, and of section 695(2) of the Merchant Shipping Act 1894 in its application to documents in the custody of the Registrar, a copy is to be taken to be the copy of a document notwithstanding that it is taken from a copy or other reproduction of the original.

[section 68A inserted by BR 43/1991 effective 23 August 1991]

INSPECTIONS

Inspections

69 (1) For the purpose of seeing that the Merchant Shipping Acts and regulations and rules made thereunder or that the terms of any ap proval, licence, consent, direction or exemption given by virtue of such regulations are duly complied with, any of the following persons�

(a) a surveyor of ships;

(b) a Superintendent or proper officer;

(c) any person appointed by the Minister, either generally or in a particular case, to exercise powers under this sec tion,

may at all reasonable times go on board a ship and inspect the ship and its equipment or any part thereof, any articles on board and any docu ment carried in the ship in pursuance of the Merchant Shipping Acts or regulations or rules made thereunder; and if the ship is registered in Bermuda the powers conferred by this subsection may also be exercised outside Bermuda.

(2) A person exercising powers under this section shall not un necessarily detain or delay a ship but may, if he considers it necessary in consequence of an accident or for any other reason, require a ship to be taken into dock for a survey of its hull or machinery.

(3) Where any such person as is mentioned in paragraphs (a) to (c) of subsection (1) has reasonable grounds for believing that there are on any premises in Bermuda provisions or water intended for supply to a ship registered in Bermuda which, if provided on the ship,
would not be in accordance with regulations under section 24, he may enter the premises and inspect the provisions or water for the purpose of ascer taining whether they would be in accordance with those regulations.

(4) If anyone obstructs a person in the exercise of his powers under this section, or fails to comply with a requirement made under subsection (2) thereof, he commits an offence:

Punishment on summary conviction: a fine of $750.

STOWAWAYS, UNAUTHORIZED PRESENCE ON BOARD SHIP AND MASTER'S POWER OF ARREST

Stowaways

70 (1) If a person, without the consent of the master or of any other person authorized to give such consent, goes to sea or attempts to go to sea in a ship registered in Bermuda he commits an offence:

Punishment on summary conviction: imprisonment for 3 months or a fine of $500.

(2) Nothing in section 686 of the principal Act shall be taken to limit the jurisdiction of any court in Bermuda to deal with an offence un der this section which has been committed in a country outside Bermuda by a person who is not a British subject.

Unauthorized presence on board ship

71 Where a ship registered in Bermuda or any other country is in a port in Bermuda and a person who is neither in Her Majesty's service nor authorized by law to do so�

(a) goes on board the ship without the consent of the mas ter or of any other person authorized to give such con sent; or

(b) remains on board the ship after being requested to leave by the master, a police officer or an officer of customs,

he commits an offence:

Punishment on summary conviction: a fine of $150.

Master's power of arrest

72 The master of any ship registered in Bermuda may cause any person on board the ship to be put under restraint if and for so long as it appears to him necessary or expedient in the interest of safety or for the preservation of good order or discipline on board the ship.

MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS

Adaptation to metric units

73 The Minister may by regulations provide for such adaptations of any enactments contained in the Merchant Shipping Acts as appear to him appropriate for the purpose of replacing references therein to units other than metric units by references to metric units which are either

equivalent thereto or such approximations thereto as appear to the Min ister desirable for the purpose of securing that the enactments as adapted are expressed in convenient terms.

Amendment of Merchant Shipping (Safety Convention) Act 1949

74 [omitted]

Nautical publications

75 (1) The Minister may make rules specifying such charts, direc tions or information as appear to the Minister necessary or expedient for the safe operation of ships and those rules may require ships registered in Bermuda, or such descriptions of ships registered in Bermuda as may be specified in the rules, to carry, either at all times or on such voyages as may be specified in the rules, copies of the charts, directions or in formation so specified.

(2) If a ship goes to sea or attempts to go to sea without carry ing copies of the charts, directions or information which it is required to carry by rules under this section the master and the owner each commit an offence:

Punishment on summary conviction: a fine of $500.

Fees

76 (1) The Minister may make regulations prescribing the fees to be paid in respect of the performance of any function under the Mer chant Shipping Acts by a public officer and for the inspection of any register or records required to be kept by a public officer under those Acts.

(2) Fees prescribed under subsection (1) shall be paid into the Consolidated Fund of Bermuda and any provision of the Merchant Ship ping Acts as in force in Bermuda�

(a) authorizing any person to fix or determine any fee, shall be construed as authorizing the Minister to prescribe that fee under subsection (1);

(b) requiring the payment of any fee into any fund, shall be construed as requiring payment of that fee into the Con solidated Fund of Bermuda.

(3) In this section the performance of a function includes the registration of any ship, the grant of any clearance, licence, certificate, permit or other document and the performance of services or surveys.

(4) The fees prescribed by the Government Fees Regulations 1976 for the performance of functions under the Merchant Shipping Acts shall be deemed to have been made under subsection (1).

Expenses

77 Any expenses incurred by the Minister under this Act shall be defrayed out of moneys provided by the Legislature.

Regulations and rules

78 (1) Regulations made under sections 36, 58 and 76 shall be subject to the affirmative resolution procedure.

(2) Save as is provided in subsection (1) regulations and rules made under this Act shall be subject to the negative resolution proce dure.

Amendments, savings, transitional provisions and repeals

79 (1) The enactments mentioned in the Third Schedule shall have effect subject to the minor and consequential amendments specified therein.

(2) The enactments specified in the Fourth Schedule (which in clude some which are obsolete and some not affected by the preceding provisions of this Act) are hereby repealed so far as they relate to ships registered in Bermuda to the extent specified in the third column of that Schedule.

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

80 (1) The Minister may, from time to time, with the concurrence of the Secretary of State for Trade, by order amend, vary, adopt or repeal any provision of this Act in such manner as may appear to the Minister expedient for the purpose of making this Act correspond (subject to such modifications or exceptions or both as the Minister may consider appro priate) with the like enactments from time to time operating in the United Kingdom, and any provision of any such order shall take effect from such day as may be specified in the order, not being earlier than the date on which the corresponding enactment has effect in the United Kingdom.

(2) An order made under subsection (1) shall be subject to the affirmative resolution procedure.

Construction

81 This Act shall be construed as one with the Merchant Shipping Acts and references in those Acts to the Merchant Shipping Acts shall be construed as including references to this Act.

Commencement

82 [omitted]

[this Act was brought into operation on various dates;

sections 41(1) to (7) and (9) and sections 42 to 45 on 1 July 1987 by BR 24/1987;

Section 22A on 23 June 1988 by BR 38/1988;

and the remainder on 1 April 1980 by GN 56/1980]

SCHEDULES

FIRST SCHEDULE Section 74

Sections substituted for sections 3 and 6 of Merchant Shipping (Safety Convention) Act 1949 [extended to Bermuda as shown in title 31 item 12(a) et seq.]

[omitted]

SECOND SCHEDULE Section 2

FISHING VESSELS

PART I

ADDITIONAL PROVISIONS

1 (1) The Minister may make regulations prescribing the proce dure to be followed in connection with the making of crew agreements between persons employed in fishing vessels and persons employing them and prescribing the places where such crew agreements are to be made or where an agreement with any person may be added to those contained in such a crew agreement.

(2) Regulations under this paragraph may make a contraven tion of any provision thereof an offence punishable on summary convic tion with a fine not exceeding $200 or such less amount as may be spec ified in the regulations.

2 (1) For the purpose of maintaining discipline on board fishing vessels and ensuring the safe and efficient operation of such vessels the Minister may by regulations specify any misconduct on board of or in relation to a fishing vessel which, but for section 2(1)(a) of this Act, would be an offence under section 32 or 33 thereof, and provide for its being an offence punishable on summary conviction with a fine not exceeding $250 or such less amount as may be specified in the regulations.

(2) Regulations under this paragraph may apply section 34 with such modifications as may be required to substitute in it for the ref erence to section 32(b) and 32(c) a reference to the corresponding provi sions of the regulations.

(3) Regulations under this paragraph may make different pro-

The Merchant Shipping Act 1964 as extended to Bermuda by the Merchant Shipping (Safety Convention) (Bermuda) Order 1973

4 [omitted]

[see title 31 item 12(a)]

FOURTH SCHEDULE Section 79(2)

ENACTMENTS REPEALED

PART I

ENACTMENTS OF THE PARLIAMENT OF THE UNITED KINGDOM

57&58 Vict. c.60 Mer chant Ship ping Act 1894	Extent of Repeal
	In section 19, the words from "each" to "cause".
	In section 85(3) , the words "in the ship's official log book, and also".
	Part II
	Part III (other than those provisions relating to emigrant ships).
	Part V except sections 418, 419, 420, 422, 428, 436, 458, and 463.
	In section 436 subsection (3).
	In section 458(1), the words from "and in every" to "on board any ship".
	In section 463, the words " or apprentice" wherever they occur.
	Part VI except sections 469 and 474.
	Section 690.
	Fifth to Eighth Schedules (inclusive).

6 Edw. 7 c.48 Merchant Ship ping Act 1906	Extent of Repeal
	Sections 9 and 12.
	Section 14.
	In section 16(1), the words "whether cabin or steerage passengers".
	Sections 17 to 20.
	Parts III (except section 27(2)) and IV.
	Sections 56 to 68.
	First Schedule.

1&2 Geo. 5 c.8 Merchant Shipping (Sea men's Allotment) Act 1911	Extent of Repeal The whole Act

4&5 Geo. 5 c.42

Mer chant Ship ping (Cer ti fi cates) Act 1914

Extent of repeal

The whole Act

13&14 Geo. 5 c.40

Mer chant Ship ping (Amend ment) Act 1923

Extent of repeal

The whole Act

15&16 Geo. 5 c.42

Mer chant Ship ping (Inter na tional Labour Con ventions) Act 1925

Extent of repeal

The whole Act

1&2 Geo. 6 c.4

Merchant Shipping (Su perannu a tion Contri bu tions) Act 1937

Extent of repeal

The whole Act

PART II

ENACTMENTS OF THE PARLIAMENT OF BERMUDA

[omitted]

FIFTH SCHEDULE (Section 22A)

APPLIED REGULATIONS ETC.

UNITED KINGDOM REGULATIONS, RULES AND ORDERS

S.I. 1980 No. 531 The Merchant Shipping (Safety Convention) (Transitional Provisions) Regulations 1980

S.I. 1980 No. 539 The Merchant Shipping Act (Modification of Mer chant Shipping (Safety Convention) Act 1949 and Merchant Shipping Act 1964) Regulations 1980

S.I. 1981 No. 237 The Merchant Shipping (Safety Convention 1974) (Countries) Order 1981

S.I. 1981 No. 584 The Merchant Shipping (Safety Convention) (Transitional Provisions) Regulations 1981

S.I. 1985 No. 212 The Merchant Shipping (Modification of Enact ments) Regulations 1985.

PASSENGER SHIP CONSTRUCTION

S.I. 1980 No. 535 The Merchant Shipping (Passenger Ship Con struction) Regulations 1980

S.I. 1981 No. 580 The Merchant Shipping (Passenger Ship Con struction) (Amendment) Regulations 1981

S.I. 1984 No. 1216 The Merchant Shipping (Passenger Ship Con struction and Survey) Regulations 1984

S.I. 1985 No. 660 The Merchant Shipping (Passenger Ship Con struction) (Amendment) Regulations 1985

S.I. 1985 No. 661 The Merchant Shipping (Application of Con struction and Survey Regulations to other ships) Regulations 1985

S.I. 1986 No. 1074 The Merchant Shipping (Passenger Ship Con struction) (New and Existing Ships) (Amend ment) Regulations 1986.

S.I. 1993 No. 3162 The Merchant Shipping (Fire Appliances)
(Amendment) Regulations 1993

S.I. 1992 No. 2360 The Merchant Shipping (Fire Protection) (Amendment) Regu lations 1992

S.I. 1993 No. 3163 The Merchant Shipping (Fire Protection) (A- mendment) Regulations 1993

RADIO INSTALLATIONS

S.I. 1991 No. 1341 The Merchant Shipping (Radio and Radio-Navigational Equipment Survey) Regulations 1991

S.I. 1992 No. 3 The Merchant Shipping (Radio Installations) Regulations 1992

SIGNALS OF DISTRESS

S.I. 1992 No. 1582 The Merchant Shipping (Signals of Distress) Rules 1992

NAVIGATIONAL EQUIPMENT

S.I. 1993 No. 69 The Merchant Shipping (Navi gational Equipment) Regula tions 1993

MUSTERS AND TRAINING

S.I. 1986 No. 1071 The Merchant Shipping (Musters and Training) Regulations 1986.

S.I. 1993 No. 3231 The Merchant Shipping (Musters and Training) (Amendment) Regulations 1993

CARGO SHIP SAFETY EQUIPMENT SURVEY

S.I. 1981 No. 573 The Merchant Shipping (Cargo Ship Safety Equipment Survey) Regulations 1981

S.I. 1985 No. 211 The Merchant Shipping (Cargo Ship Safety Equipment Survey) (Amendment) Regulations 1985

S.I. 1986 No. 1067 The Merchant Shipping (Cargo Ship Construc tion and Survey) Regulations 1984 (Amendment) Regulations 1986.

S.I. 1992 No. 135 The Merchant Shipping (Cargo Ship Construc tion and Survey) Regulations 1984 (Amendment) Regulations 1992

NAVIGATIONAL WARNINGS

S.I. 1980 No. 534 The Merchant Shipping (Navigational Warnings) Regulations 1980

S.I. 1981 No. 406 The Merchant Shipping (Navigational Warnings) (Amendment) Regulations 1981

S.I. 1992 No. 1581 The Merchant Shipping (Navi gational Warnings) (Amend ment) Regulations 1992

GRAIN

S.I. 1985 No. 1217 The Merchant Shipping (Grain) Regulations 1985.

DANGEROUS GOODS

S.I. 1981 No. 1077 The Merchant Shipping (Tankers) (E.E.C. Re quirements) Regulations 1981

S.I. 1981 No. 1747 The Merchant Shipping (Dangerous Goods) Reg ulations 1981

S.I. 1982 No. 1637 The Merchant Shipping (Tankers) (E.E.C. Re quirements) (Amendment) Regulations 1982

S.I. 1986 No. 1069 The Merchant Shipping (Dangerous Goods) (Amendment) Regulations 1986.

SPECIAL SHIPS

S.I. 1975 No. 116 The Merchant Shipping (Diving Operations) Regulations 1975

S.I. 1975 No. 2062 The Merchant Shipping (Diving Operations) (Amendment) Regulations 1975

S.I. 1981 No. 1098 The Merchant Shipping (Submersible Craft Con struction and Survey) Regulations 1981

S.I. 1986 No. 1068 The Merchant Shipping (Chemical Tankers) Regulations 1986

S.I. 1994 No. 2464 The Merchant Shipping (Gas Carriers) Regulations 1994

S.I. 1987 No. 306 The Merchant Shipping (Submersible Craft) (Amendment) Regulations 1987.

S.I. 1987 No. 311 The Merchant Shipping (Submersible Craft Op erations) Regulations 1987.

S.I. 1987 No. 1603 The Merchant Shipping (Submersible Craft Op erations) (Amendment) Regulations 1987.

CREW ACCOMMODATION

S.I. 1979 No. 491 The Merchant Shipping (Crew Accommodation) (Amendment) Regulations 1979

S.I. 1984 No. 41 The Merchant Shipping (Crew Accommodation) (Amendment) Regulations 1984.

S.I. 1989 No. 184 The Merchant Shipping (Crew Accommodation) (Amendment) Regulations 1989

SHIP OPERATIONS

S.I. 1988 No. 191 The Merchant Shipping (Passenger Boarding Cards) Regulations 1988.

S.I. 1988 No. 1275 The Merchant Shipping (Weighing of Goods, Ve hicles and other Cargo) Regulations 1988.

S.I. 1988 No. 1716 The Merchant Shipping (Operations Book) Reg ulations 1988.

S.I. 1995 No. 157 The Merchant Shipping (Hours of Work) Regulations 1995

SURVEY

S.I. 1995 No. 1210

The Merchant Shipping (Survey and Certification) Regulations 1995.

[Fifth Schedule amended by Br 5/1989 effective 23 March 1989; by BR 44/1991 effective 30 August 1991; by BR 24/1992 effective 15 May 1992; by BR 47/1992 effective 13 November 1992; by BR 20/1993 effective 16 April 1993, by BR 50/1994 effective 4 November 1994; and by BR 7/1996 effective 8 March 1996]

Bermuda Consolidated Legislation

Merchant Shipping Act 1979