Merchant Shipping (Load Lines) (Bermuda) Order 1975

UNITED KINGDOM STATUTORY INSTRUMENT

SI 1975 No. 412

THE MERCHANT SHIPPING (LOAD LINES) (BERMUDA)
OR DER, 1975

[made by Her Majesty in Council under section 28(1) of the Merchant Ship ping Load Lines Act 1967 and brought into operation on 26 March 1975 and also published in Bermuda as SR&O 23/1975]

1 (1) This Order may be cited as the Merchant Shipping (Load Lines) (Bermuda) Order 1975.

(2) This Order shall come into operation on 26th March, 1975.

2 The Interpretation Act 1889 shall apply, with the necessary adaptations, for the purpose of interpreting this Order and otherwise in relation thereto as it applies for the purpose of interpreting, and in rela tion to, Acts of Parliament.

3 The provisions of the Merchant Shipping (Load Lines) Act 1967, modified and adapted as set out in the Schedule hereto, shall extend to Bermuda.

SCHEDULE

[Operative Dates of the Act and the Load Line Rules

The whole except s.3 (1) (d) of Act & r.30 1st Sept., 1975
s.3(1)(d) & r.30 except r.30(5) 1st April, 1976]

General provisions

Ships to which Act applies

1 This Act applies to all ships except

(a) ships of war;

(b) ships solely engaged in fishing; and

Load line rules

2 (1) The Minister may make rules in accordance with the fol lowing provisions of this Act (in this Act referred to as "the load line rules"); and in making those rules the Minister shall have regard in par ticular to the International Convention on Load Lines signed in London on 5th April, 1966 (hereinafter referred to as "the Convention of 1966").

(2) The load line rules shall make provision—

(a) for the surveying and periodical inspection of ships to which this Act applies;

(b) for determining freeboards to be assigned from time to time to such ships;

(c) for determining in relation to any such ship, the deck which is to be taken to be the freeboard deck of the ship, and for requiring the position of that deck to be indi cated on each side of the ship by a mark of a description prescribed by the rules; and

(d) for determining, by reference to that mark and the free boards for the time being assigned to any such ship, the positions in which each side of the ship is to be marked with lines of a description prescribed by the rules, indi cating the various maximum depths to which the ship may be loaded in circumstances prescribed by the
rules.

(3) The load line rules shall include the following provisions, that is to say—

(a) provisions specifying such requirements in respect of the hulls, superstructures, fittings and appliances of ships to which this Act applies as appear to the Minister to be relevant to the assignment of freeboards to such ships:

(b) provisions whereby, at the time when freeboards are as signed to a ship in accordance with the load line rules, such particulars relating to those requirements as may be determined in accordance with the rules are to be recorded in such manner as may be so determined; and

(c) provisions for determining by reference to those required and that record whether, at any time after freeboards have been so assigned to ship and while they continue to be so assigned, the ship is for the purposes of this Act to be taken to comply, or not to comply, with the conditions of assignment,

and those provisions shall be set out separately in the load line rules under the title of "rules as to conditions of assignment".

(4) The load line rules shall also include provisions requiring such information relating to the stability of any ship to which freeboards are assigned thereunder, and such information relating to the loading and ballasting of any such ship, as may be determined in accordance with the rules to be provided for the guidance of the master of the ship in such manner as may be so determined.

(5) In relation to any matter authorized or required by this Act to be prescribed by the load line rules, those rules may make different provision by reference to (or to any combination of) any of the following, that is to say, different descriptions of ships, different areas, different seasons of the year and any other different circumstances.

(6) Except in so far as the context otherwise requires, in this Act "deck-line" means such a mark as is referred to in paragraph (c) of subsection (2) of this section and "load lines" means such lines as are referred to in paragraph (d) of subsection (2).

(7) For the purposes of this section and without prejudice to the generality of the powers therein contained, the "load line rules" made under the Merchant Shipping (Load Lines) Act 1967, and having effect in the United Kingdom shall, unless varied by or repugnant to the load line rules made under this section, be deemed to be load line rules made un der this section.

Ships registered in Bermuda

Compliance with load line rules

3 (1) Subject to any exemption conferred by or under this Act, no ship to which this Act applies, being a ship registered in Bermuda, shall proceed or attempt to proceed to sea unless—

(a) the ship has been surveyed in accordance with the load line rules;

(b) the ship is marked with a deck-line and with load lines in accordance with those rules;

(d) the information required by those rules to be provided as mentioned in section 2(4) of this Act is provided for the guidance of the master of the ship in the manner deter mined in accordance with the rules.

(2) If any ship proceeds or attempts to proceed to sea in con travention of the preceding subsection, the owner or master of the ship shall be guilty of an offence and be liable on summary conviction to a fine not exceeding one thousand dollars.

(3) Any ship which in contravention of subsection (1) of this section attempts to proceed to sea without being surveyed and marked as mentioned in paragraphs (a) and (b) of that subsection may be de tained until she has been so surveyed and marked.

(4) Any such ship as is mentioned in subsection (1) of this sec tion which does not comply with the conditions of assignment shall be deemed to be unsafe for the purposes of section 27 of the Act of 1973 (power to detain unsafe ships, and procedure for detention).

Submersion of load lines

4 (1) Where a ship to which this Act applies, being a ship regis tered in Bermuda, is marked with load lines, the ship shall not be so loaded that—

(a) if the ship is in salt water and has no list, the appropri ate load line on each side of the ship is submerged; or

(b) in any other case, the appropriate load line on each side of the ship would be submerged if the ship were in salt water and had no list.

(2) If any ship is loaded in contravention of the preceding sub section, the owner or master of the ship shall (subject to subsection (5) of this section) be guilty of an offence and liable on summary convic tion—

(a) to a fine not exceeding two thousand dollars, and

(b) to such additional fine, not exceeding an amount calcu lated in accordance with the next following subsection, as the court thinks fit to impose, having regard to the extent to which the earning capacity of the ship was in creased by reason of the contravention.

(3) Any additional fine imposed under subsection (2) (b) of this section shall not exceed two thousand dollars for every complete inch, and for any fraction of an inch over and above one or more complete inches, by which—

(a) in a case falling within paragraph (a) of subsection (1) of this section, the appropriate load line on each side of the ship was submerged; or

(b) in a case falling within paragraph (b) of subsection (1), the appropriate load line on each side of the ship would have been submerged as therein mentioned,

and, if the amount by which that load line was or would have been sub merged was less than a complete inch, any such additional fine shall not exceed two thousand dollars.

(4) If the master of a ship takes the ship to sea when she is loaded in contravention of subsection (1) of this section, or if any other person, having reason to believe that the ship is so loaded, sends or is party to sending her to sea when she is loaded in contravention of that subsection, then (without prejudice to any fine to which he may be liable in respect of an offence under subsection (2) of this section) he shall be guilty of an offence under this subsection and liable—

(a) on conviction on indictment, to a fine;

(b) on summary conviction, to a fine not exceeding two thousand dollars.

(5) Where a person is charged with an offence under subsec tion (2) of this section, it shall be a defence to prove that the contraven tion was due solely to deviation or delay and that the deviation or delay was caused solely by stress of weather or any other circumstances which neither the master nor the owner nor the charterer (if any) could have prevented or forestalled.

(6) Without prejudice to any proceedings under the preceding provisions of this section, any ship which is loaded in contravention of subsection (1) of this section may be detained until she ceases to be so loaded.

(7) For the purposes of the application of this section to a ship in any circumstances prescribed by the load line rules in accordance with section 2(2) (d) of this Act, "the appropriate load line" means the load line which, in accordance with those rules, indicates the maximum depth to which the ship may be loaded in salt water in those circum stances.

Miscellaneous offences in relation to marks

5 Where a ship to which this Act applies, being a ship regis tered in Bermuda, is marked in accordance with any requirements as to marking imposed by or under this Act, then if—

(a) the owner or master of the ship fails without reasonable cause to keep the ship so marked, or

(b) any person conceals, removes, alters, defaces or obliter ates, or causes or permits any person under his control to conceal, remove, alter, deface or obliterate, any mark with which the ship is so marked, except where he does so under the authority of a person empowered under the load line rule to authorize him in that behalf,

he shall be guilty of an offence and liable on summary conviction to a fine not exceeding one thousand dollars.

Issue of load line certificates

6 (1) Where a ship to which this Act applies, being a ship regis tered in Bermuda, has been surveyed and marked in accordance with the load line rules, the appropriate certificate shall be issued to the owner of the ship on his application.

(2) For the purposes of this section the appropriate certificate—

(a) in the case of an existing ship of not less than 150 tons gross tonnage, and in the case of a new ship of not less than 24 metres in length, is a certificate to be called an
"International Load Line Certificate (1966)"; and

(b) in the case of any other ship is a certificate to be called a "Bermuda load line certificate".

(3) Subject to the next following subsection, any certificate re quired by subsection (1) of this section to be issued—

(a) shall be issued by the Minister or by a person authorized in that behalf by the Minister; and

(b) shall be in such form, and shall be issued in such man ner, as may be prescribed by the load line rules.

(4) The Minister may request a Contracting Government to is sue an International Load Line Certificate (1966) in respect of any ship to which this Act applies which is a ship registered in Bermuda and falling within subsection (2) (a) of this section; and the following provisions of this Act shall have effect in relation to such a certificate so issued, which contains a statement that it has been issued at the request of the Gov ernment of Bermuda, as they have effect in relation to an International Load Line Certificate (1966) issued by the Minister.

Effect of load line certificates

7 Where a certificate, issued in pursuance of the last preceding section and for the time being in force, is produced in respect of the ship to which the certificate relates—

(a) the ship shall be deemed to have been surveyed in ac cordance with the load line rules; and

(b) if lines are marked on the ship corresponding in number and description to the deck-line and load lines required by the load line rules, and the positions of those lines so marked correspond to the positions of the deckline and load lines as specified in the certificate, the ship shall be deemed to be marked as required by those rules.

Duration of endorsement and cancellation of load line certificate

8 (1) The load line rules shall make provision for determining the period during which any certificate issued under section 6 of this Act is to remain in force, including—

(a) provision enabling the period for which any such certifi cate is originally issued to be extended within such lim its and in such circumstances as may be prescribed by the rules; and

(b) provision for cancelling any such certificate in such cir cumstances as may be so prescribed.

(2) While any such certificate is in force in respect of a ship, there shall be endorsed on the certificate such information relating to—

(a) periodical inspections of the ship in accordance with the load line rules; and

(b) any extension of the period for which the certificate was issued, as may be prescribed by the rules.

Ships not to proceed to sea without load line certificate

9 (1) Subject to any exemption conferred by or under this Act, no ship to which this Act applies, being a ship registered in Bermuda, shall proceed or attempt to proceed to sea unless the appropriate certificate is in force in respect of the ship.

(2) Before any such ship proceeds to sea, the master of the ship shall produce the appropriate certificate to the Registrar or to any public officer authorized by the Registrar in that behalf from whom a clearance for the ship is demanded; and a clearance shall not be granted, and the ship may be detained, until the appropriate certificate is so pro duced.

(3) If any ship proceeds or attempts to proceed to sea in con travention of this section, the master of the ship shall be guilty of an of fence and liable on summary conviction to a fine not exceeding one thou sand dollars.

(4) In this section "the appropriate certificate" means the cer tificate which is the appropriate certificate for the purposes of section 6 of this Act.

Publication of load line certificate

10 (1) Where a certificate is issued in respect of a ship under sec tion 6 of this Act the owner of the ship shall forthwith on receipt of the certificate cause it to be framed and posted up in some conspicuous place on board the ship, and shall cause it to be kept so framed and posted up and legible so long as the certificate remains in force and the ship is in use.

(2) Before any ship to which this Act applies, being a ship reg istered in Bermuda, leaves any dock, wharf, harbour or other place for the purpose of proceeding to sea, the master of the ship shall cause a
notice, in such form and containing such particulars relating to the depth to which the ship is for the time being loaded as may be specified in regulations made by the Minister for the purposes of this subsection to be posted up in some conspicuous place on board the ship and, where such a notice has been posted up, the master of the ship shall cause it to be kept so posted up and legible until the ship arrives at some other dock, wharf, harbour or place.

(3) If the owner or master of a ship fails to comply with any re quirement imposed on him by the preceding provisions of this section, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding three hundred dollars.

(4) For the purposes of subsection (2) of this section and with out prejudice to the generality of the powers therein containing, the "particulars of depth of loading regulations" made under the Merchant Shipping (Load Lines) Act 1967 and having effect in the United Kingdom shall, unless varied by or repugnant to the particulars of depth of loading regulations made under subsection (2), be deemed to be regulations made under that subsection.

Inspection of ships

11 (1) A Government surveyor may inspect any ship to which this Act applies, being a ship registered in Bermuda, for the purpose of seeing that the provisions of this Act have been complied with in respect of the ship.

(2) For the purposes of any such inspection any such surveyor shall have all the powers of an inspector appointed under section 728 of the Merchant Shipping Act 1894.

Ships not registered in Bermuda

Valid Convention certificates

12 (1) This section applies to any ship which, being a ship to which this Act applies and not being registered in Bermuda—

(a) is registered in a Convention country, or not being reg istered in any such country or elsewhere, flies the flag of a Convention country; and

(b) is either an existing ship of not less than 150 tons gross tonnage or a new ship of not less than 24 metres in length.

(2) The Minister may, at the request of the Government of the parent country of a ship to which this section applies, issue in respect of the ship a certificate in such form as may be prescribed by the load line rules, if the Minister is satisfied that he could properly issue a certificate in respect of the ship under section 6(1) of this Act if the ship were reg istered in Bermuda.

(3) The load line rules shall make such provision as appears to the Minister to be appropriate for securing that certificates which are is sued as International Load Line Certificates (1966) in respect of ships to which this section applies, and are so issued by Governments other than the Government of Bermuda, shall be recognized for the purposes of this Act in such circumstances as may be prescribed by the rules.

(4) Certificates issued as mentioned in subsection (2) or sub section (3) of this section shall be included among the certificates to be called "International Load Line Certificates (1966)".

(5) In this Act "valid Convention certificate" means a certificate which either—

(a) has been issued under subsection (2) of this section and is for the time being in force; or

(b) having been issued as mentioned in subsection (3), of this section, is produced in circumstances in which it is required by the load line rules to be recognized for the purposes of this Act.

Compliance with load line rules

13 (1) Subject to the next following subsection, and to any exemp tion conferred by or under this Act, no ship to which this Act applies, not being a ship registered in Bermuda, shall proceed or attempt to proceed to sea from any port in Bermuda unless—

(a) the ship has been surveyed in accordance with the load line rules;

(b) the ship is marked with a deck-line and with load lines in accordance with those rules;

(2) The preceding subsection does not apply to a ship in re-
spect of which a valid Convention certificate is produced.

(3) If any ship proceeds or attempts to proceed to sea in con travention of the preceding provisions of this section, the owner or mas ter of the ship shall be guilty of an offence and liable on summary con viction to a fine not exceeding one thousand dollars.

(4) Any ship which in contravention of this section attempts to proceed to sea without being surveyed and marked as mentioned in paragraph (a) and (b) of subsection (1) of this section may be detained until she has been so surveyed and marked.

(5) If any such ship as is mentioned in subsection (1) of this section, not being a ship in respect of which a valid Convention certifi cate is produced, does not comply with the conditions of assignment, then—

(a) if the ship is a British ship, she shall be deemed to be unsafe for the purposes of section 27 of the Act of 1973; or

(b) if the ship is a foreign ship, section 31 of that Act shall have effect in relation to the ship as if she were unsafe by reason of one of the matters specified in that section.

Submersion of load lines

14 (1) Where a ship to which this Act applies, not being a ship registered in Bermuda, is within any port in Bermuda, and is marked with load lines, the ship shall not be so loaded that—

(a) if the ship is in salt water and has no list, the appropri ate load line on each side of the ship is submerged; or

(b) in any other case, the appropriate load line on each side of the ship would be submerged if the ship were in salt water and had no list.

(2) Subsections (2), (3), (5) and (6) of section 4 of this Act shall have effect for the purposes of this section as if any reference in those subsections to subsection (1) of that section, or to paragraph (a) or para graph (b) of the said subsection (1) were a reference to subsection (1), or (as the case may be) to the corresponding paragraph of subsection (1), of this section:

Provided that, in the case of a ship to which section 12 of this Act applies, the ship shall not be detained, and no proceedings shall be brought by virtue of this subsection, unless the ship has been inspected by a Government surveyor in pursuance of section 17 of this Act.

(3) In relation to a ship in respect of which a valid Convention certificate is produced, "load line" in subsection (1) of this section means a line marked on the ship in the position of a load line specified in that certificate; and for the purposes of the application of the relevant provi sions to such a ship in any circumstances for which a particular load line is specified in the certificate, the "appropriate load line" means the load line which, in accordance with the certificate, indicates the maxi mum depth to which the ship may be loaded in salt water in those cir cumstances.

(4) Where a valid Convention certificate is not produced in re spect of a ship, then, for the purposes of the application of the relevant provisions to that ship in any circumstances prescribed by the load line rules in accordance with section 2(2) (d) of this Act, "the appropriate load line" means the load line which, in accordance with those rules, indi cates the maximum depth to which the ship may be loaded in salt water in those circumstances.

(5) In subsections (3) and (4) of this section "the relevant provi sions" means the provisions of subsection (1) of this section and any pro visions of section 4 of this Act as applied by subsection (2) of this sec tion.

Bermuda load line certificates

15 (1) Where a ship to which this Act applies, not being a ship registered in Bermuda, has been surveyed and marked in accordance with the load line rules, then on the application of the owner of the ship a Bermuda load line certificate shall be issued to him by the Minister or by a person authorized in that behalf by the Minister.

(2) Subject to the next following subsection, the provisions of sections 7 and 8 of this Act shall have effect in relation to a certificate is sued under the preceding subsection as they have effect in relation to a certificate issued under section 6 of this Act.

(3) Any certificate issued under subsection (1) of this section in respect of a ship to which section 12 of this Act applies shall be valid only so long as the ship is not plying on international voyages, and shall be cancelled by the Minister if he has reason to believe that the ship is plying on international voyages.

Production of certificate to Registrar

16 (1) Subject to any exemption conferred by or under this Act, before a ship to which this Act applies, not being a ship registered in Bermuda, proceeds to sea from any port in Bermuda, the master of the ship shall produce the appropriate certificate to the Registrar or to any
public officer authorized by the Registrar in that behalf from whom a clearance for the ship is demanded; and a clearance shall not be granted, and the ship may be detained, until the appropriate certificate is pro duced.

(2) For the purposes of this section the appropriate certificate—

(a) in the case of a ship to which section 12 of this Act ap plies, is a valid Convention certificate; and

(b) in any other case, is a Bermuda load line certificate for the time being in force in respect of the ship.

Provisions as to inspection

17 (1) Subject to the following provisions of this section, a Gov ernment surveyor may inspect any ship to which this Act applies, not being a ship registered in Bermuda, while the ship is within any port of Bermuda; and for the purposes of any such inspection any such sur veyor shall have in Bermuda all the powers which an inspector appointed under section 728 of the Merchant Shipping Act 1894 has in the United Kingdom.

(2) Any such surveyor may go on board any ship to which sec tion 12 of this Act applies while the ship is within any port of Bermuda, for the purpose of demanding production of any International Load Line Certificate (1966) or Bermuda load line certificate for the time being in force in respect of the ship.

(3) If on any such demand a valid Convention certificate is pro duced to the surveyor in respect of the ship, the powers of the surveyor under subsection (1) of this section shall be limited to seeing—

(a) that the ship is not loaded beyond the limits allowed by the certificate;

(b) that lines are marked on the ship in the positions of the load lines specified in the certificate;

(c) that no material alterations have taken place in the hull or superstructures of the ship which affect the position in which any of those lines ought to be marked; and

(d) that the fittings and appliances for the protection of openings, the guard rails, the freeing ports and the means of access to the crew's quarters have been main tained on the ship in as effective a condition as they were in when the certificate was issued.

(4) If on an inspection of a ship under this section the ship is found to have been so materially altered in respect of the matters re ferred to in paragraph (c) or paragraph (d) of the last preceding subsec tion that the ship is manifestly unfit to proceed to sea without danger to human life, then—

(a) if the ship is a British ship, she shall be deemed to be unsafe for the purposes of section 27 of the Act of 1973; or

(b) if the ship is a foreign ship, section 31 of that Act shall have effect in relation to the ship as if she were unsafe by reason of one of the matters specified in that section.

(5) Where a ship is detained under the provisions of that Act as applied by the last preceding subsection, the Registrar shall order the ship to be released as soon as he is satisfied that the ship is fit to pro ceed to sea without danger to human life.

Power to make exemption orders

18 (1) The Minister may by order direct that ships under 80 tons register engaged solely in the coasting trade, or any class of such ships specified in the order, shall be exempt from the provisions of this Act while not carrying cargo, or (if the order so provides) shall be exempt from the provisions of this Act whether carrying cargo or not.

(2) Any order under this section may be made subject to such conditions as the Minister thinks fit; and, where any such order is made subject to conditions, the exemption conferred by the order shall not have effect in relation to a ship unless the ship complies with those con ditions.

Further powers to exempt ships

19 (1) In this section any reference to exempting a ship is a refer ence to exempting the ship either—

(a) from all the provisions of this Act and of the load line rules; or

(b) from such of those provisions as are specified in the in strument conferring the exemption.

(2) On the application of the owner of a ship to which this Act applies, which is registered in Bermuda and is either an existing ship of not less than 150 tons gross tonnage or a new ship of not less than 24

under section 1 of the Merchant Shipping (Safety Convention) Act 1949 as extended to Bermuda by the Merchant Shipping (Safety Convention) (Bermuda) Order 1973 [title 31 item 12(a)] a passenger ship to which this Act applies, being a ship registered in Bermuda, is marked with subdivision load lines, and the lowest of those lines is lower than the line which, apart from this subsection, would be the appropriate load line for the purposes of sec tion 4 of this Act, the said section 4 shall have effect as if that subdivi sion load line were the appropriate load line for the purposes of that sec tion.

(2) Where in pursuance of any such rules, or in pursuance of the Convention referred to in that Act as the Safety Convention or any law of any country made for the purpose of giving effect to that Conven tion, a passenger ship to which this Act applies, not being a ship regis tered in Bermuda, is marked with subdivision load lines, and the lowest of those load lines is lower than the line which, apart from this subsec tion, would be the appropriate load line for the purposes of section 14 of this Act, that section shall have effect as if that subdivision load line were the appropriate load line for the purposes of that section.

(3) In this section "passenger ship" has the meaning assigned to it by section 26 of the Merchant Shipping (Safety Convention) Act 1949 as extended to Bermuda.

Deck cargo

24 (1) The Minister may make regulations (in this section referred to as "the deck cargo regulations") prescribing requirements to be com plied with where cargo is carried in any uncovered space on the deck of a ship to which this Act applies; and different requirements may be so pre scribed in relation to different descriptions of ships, different descrip tions of cargo, different voyages or classes of voyages, different seasons of the year or any other different circumstances.

(2) If the load line rules provide (either generally or in particu lar cases or classes of cases) for assigning special freeboards to ships which are to have effect only where a cargo of timber is so carried, then (without prejudice to the generality of the preceding subsection) the deck cargo regulations may prescribe special requirements to be complied with in circumstances where any such special freeboard has effect.

(3) In prescribing any such special requirements as are men tioned in the last preceding subsection, the Minister shall have regard in particular to the provisions of Chapter IV of the Convention of 1966.

(4) If any provisions of the deck cargo regulations are contra vened—

(a) in the case of a ship registered in Bermuda; or

(b) in the case of any other ship while the ship is within any port in Bermuda,

the master of the ship shall (subject to the next following subsection) be guilty of an offence and liable on summary conviction to a fine not ex ceeding six thousand dollars.

(5) Where a person is charged with an offence under the last preceding subsection, it shall be a defence to prove that the contraven tion was due solely to deviation or delay and that the deviation or delay was caused solely by stress of weather or other circumstances which neither the master nor the owner nor the charterer (if any) could have prevented or forestalled.

(6) For the purpose of securing compliance with the deck cargo regulations, any person authorized in that behalf by the Minister may in spect any ship to which this Act applies which is carrying cargo in any uncovered space on her deck; and for the purposes of any such inspec tion any such person shall have all the powers which an inspector ap pointed under section 728 of the Merchant Shipping Act 1894 has in the United Kingdom.

(7) For the purposes of this section and without prejudice to the generality of the powers therein contained, the "deck cargo regula tions" made under the Merchant Shipping (Load Lines) Act 1967 and having effect in the United Kingdom shall, unless varied by or repugnant to the deck cargo regulations made under this section, be deemed to be regulations made under this section.

Miscellaneous and Supplementary provisions

Provisions as to fees

25 (1) In respect of any survey or inspection carried out in pur suance of the load line rules, and in respect of any certificate issued un der this Act, there shall be paid such fee as may be prescribed by regu lations made by the Minister.

(2) Subject to the next following subsection, any fees payable under the preceding subsection shall be paid to the Government of Bermuda.

(3) The last preceding subsection shall not apply to any fee paid in respect of—

(a) a survey or inspection which is carried out otherwise than by a Government surveyor; or

(b) a certificate issued otherwise than by the Minister.

Miscellaneous supplementary provisions

26 (1) Section 35 of the Act of 1973 (notice to be given to consular officer where proceedings taken in respect of foreign ships) shall have effect as if it included therein a reference to this Act.

(2) Where a ship is detained under any provision of this Act which provides for the detention of a ship until an event specified in that provision occurs, section 28 of the Act of 1973 (which relates to the costs of detention) shall apply as if the ship had been finally detained under that Act.

(3) The provisions of section 9(2) of that Act (delivery up of cer tificate) and of section 12(1) of that Act (penalty for forgery of certificate or declaration) shall have effect in relation to any certificate which can be issued under this Act as they have effect in relation to a passenger ship's certificate.

(4) Section 436(3) of the Merchant Shipping Act 1894 (which provides for recording the draught of water and the freeboard of ships) shall not have effect in relation to ships to which this Act applies, except any such ship which, by virtue of any order made or exemption conferred under this Act, is exempt from all the provisions of this Act.

(5) Any certificate issued under this Act shall be admissible in evidence.

Application of Act in relation to certain territories outside Bermuda

27 Where Her Majesty has, by Order in Council made under section 28(3) of the Merchant Shipping (Load Lines) Act 1967, directed (subject to the limitation set out in section 28(4) thereof) that certificates issued under provisions of the law of any country or territory in respect of the ships referred to in such Order shall have the like effect for the purposes of the Merchant Shipping (Load Lines) Act 1967 as if they were United Kingdom load line certificates, such certificates shall (subject to the same limitation) have the like effect in respect of such ships for the purposes of this Act as extended to Bermuda as if they were Bermuda load line cer tificates.

Application of Act to certain unregistered British ships

28 (1) This section applies to ships which—

(a) are British ships to which this Act applies; but

(b) are not registered, whether in Bermuda or elsewhere.

(2) The Minister may by order specify a class of ships to which this section applies and direct that, in such circumstances as may be specified in the order, the provisions of this Act relating to ships regis tered in Bermuda shall have effect in relation to ships of that class as if they were registered in Bermuda.

Provisions as to orders, rules and regulations, and as to functions of Minister

29 (1) Any order rules or regulations made under this Act may contain such transitional or other incidental and supplementary provi sions as may appear to the Minister to be appropriate.

(2) Any power of the Minister to make an order under this Act shall include power to revoke or vary the order by a subsequent order.

(3) Where any rules or regulations made under the Merchant Shipping (Load Lines) Act 1967 and having effect in the United Kingdom are, by virtue of any provision of this Act, to have effect in Bermuda, those rules or regulations shall be read with such formal alterations as to names, localities, courts, officers, persons and otherwise as may be necessary to make the rules applicable to the circumstances of Bermuda.

Convention countries

30 In this Act "Convention country" means the United Kingdom or a country or territory which is either—

(a) a country the Government of which has been declared by Her Majesty by Order in Council made under section 31 of the Merchant Shipping (Load Lines) Act 1967 to have accepted or acceded to the Convention of 1966, and has not been so declared to have denounced that Convention; or

(b) a territory to which it has been so declared that the Con vention of 1966 extends, not being a territory to which it has been so declared that that Convention has ceased to extend, and "Contracting Government" means the United Kingdom or any such Government as is referred to in paragraph (a) of this subsection.

Interpretation

31 (1) In this Act, except in so far as the context otherwise re quires, the following expressions have the meanings hereby assigned to them respectively, that is to say—

"the Act" or "this Act" means this Act as extended to Bermuda;

"the Act of 1973" means the Merchant Shipping Act 1973 of Bermuda;

"alteration" includes deterioration;

"clearance" includes a transire;

"Convention country" and "Contracting Government" have the meanings assigned to them by section 30 of this Act;

"Government surveyor" means a person designated under sec tion 5 of the Act of 1973;

"dollars" means Bermuda dollars;

"Minister" means the Minister of Marine and Air Services;

"parent country", in relation to a ship, means the country or ter ritory in which the ship is registered, or, if the ship is not registered anywhere, means the country or territory whose flag the ship flies;

"Registrar" means the Registrar of Shipping;

"valid Convention certificate" has the meaning assigned to it by section 12(5) of this Act.

(2) In this Act, subject to the next following subsection, "international voyage" means a voyage between—

(a) a port in Bermuda and a port outside Bermuda; or

(b) a port in a Convention country (other than Bermuda) and a port in any other country or territory (whether a Convention country or not) which is outside Bermuda.

(3) In determining, for the purposes of the last preceding sub section; what are the ports between which a voyage is made, no account shall be taken of any deviation by a ship from her intended voyage which is due solely to stress of weather or any other circumstance which nei ther the master nor the owner nor the charterer (if any) of the ship could have prevented or forestalled; and for the purposes of that subsection any colony, protectorate or other dependency, any territory for whose international relations a Government is separately responsible, and any territory for which the United Nations are the administering authority, shall be taken to be a separate territory.

(4) In this Act "new ship" means a ship whose keel is or was laid, or which is or was at a similar stage of construction, on or after the material date, and "existing ship" means a ship which is not a new ship; and for the purposes of this subsection the material date—

(a) in relation to a ship registered in the United Kingdom is 21st July, 1968;

(b) in relation to a ship whose parent country is a Conven tion country other than the United Kingdom, is the date as from which it is declared under section 31 of the Mer chant Shipping (Load Lines) Act 1967 either that the Government of that country has accepted or acceded to the Convention of 1966 or that it is a territory to which that Convention extends; and

(c) in relation to any other ship is the date on which the Or der of Her Majesty in Council extending this Act to Bermuda comes into force.

(5) Any reference in this Act to the gross tonnage of a ship shall be construed as a reference to the tonnage of the ship as ascertained in accordance with the tonnage regulations of the Merchant Shipping Act 1894; and, where in accordance with those regulations alternative ton nages are assigned to a ship, the gross tonnage of the ship shall, for the purposes of this Act, be taken to be the larger of those tonnages.

(6) For the purposes of this Act the length of a ship shall be as certained in accordance with regulations made by the Minister under this Act.

(7) Any reference in this Act to any provision of the Convention of 1966 shall, in relation to any time after that provision has been amended in pursuance of Article 29 of that Convention, be construed as a reference to that provision as so amended.

(8) Except in so far as the context otherwise requires, any ref erence in this Act to an enactment shall be construed as a reference to that enactment as amended or extended by or under any other enact ment.

(9) For the purposes of this section and without prejudice to the generality of the powers therein contained, the "length of ship regu lations" made under the Merchant Shipping (Load Lines) Act 1967 and

Bermuda Consolidated Legislation

Merchant Shipping (Load Lines) (Bermuda) Order 1975