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Merchant Shipping Act 1995

The Merchant Shipping Act 1995 is an Act of Parliament passed in the United Kingdom in 1995. It consolidated much of the UK's maritime legislation, repealing several Acts in their entirety and provisions in many more, some dating back to the mid-nineteenth century. It appoints several officers of Admiralty Jurisdiction such as the Receiver of Wreck. The Act of 1995 updates the prior Merchant Shipping Act 1894. The lead part on British ships was impacted by the outcome of the Factortame case, as the Merchant Shipping Act 1988 was impugned by the Common Fisheries Policy.

Merchant Shipping Act 1995
Act of Parliament
Long titleAn Act to consolidate the Merchant Shipping Acts 1894 to 1994 and other enactments relating to merchant shipping.
Citation1995 c. 21
Territorial extent United Kingdom
Dates
Royal assent19 July 1995
Commencement1 January 1996
Status: Current legislation
Text of statute as originally enacted
Revised text of statute as amended

Content of Act

The Act comprises 316 sections divided into 13 Parts:

  • Part I: British ships
  • Part II: Registration
  • Part III: Masters and Seamen
  • Part IV: Safety
  • Part V: Fishing Vessels
  • Part VI: Prevention of Pollution
  • Part VII: Liability of Shipowners and Others
  • Part VIII: Lighthouses
  • Part IX: Salvage and Wreck
  • Part X: Enforcement Officers and Powers
  • Part XI: Accident Investigations and Inquiries
  • Part XII: Legal Proceeding
  • Part XIII: Supplemental

Part VIII: Lighthouses

Part VIII of the Act provides the powers and duties of the general lighthouse authorities and local lighthouse authorities.

Part IX: Salvage and Wreck

Receiver of Wreck is a post defined in Part IX of the Act. It is an official of the British government whose main task is to process incoming reports of shipwrecks in order to give legitimate owners the opportunity to retrieve their property and ensure that law-abiding finders of wreck receive an appropriate reward.[1] According to the Act, a wreck falls into one of four categories:

Flotsam
goods lost from a ship which has sunk or otherwise perished which are recoverable because they have floated.
Jetsam
goods cast overboard (jettisoned) in order to lighten a vessel which is in danger of sinking, even if they ultimately perish.
Derelict
property which has been abandoned and deserted at sea by those who were in charge without any hope of recovering it. This includes vessels and cargo.
Lagan (or ligan)
goods cast overboard from a ship, which afterwards perish, buoyed so that they can be recovered later.

Part XI: Accident Investigations and Inquiries

Part XI of the Act provides the powers and duties of the Marine Accident Investigation Branch.

Subsequent amendments

The Merchant Shipping (Pollution) Act 2006 amended section 178(1) of the Act. It restricts claims to being enforced within three years of the damage occurring, whereas previously it had been restricted to within three years after "the claim against the Fund arose", and within six years of the damage occurring.

The Marine Navigation Act 2013 made four changes to the Act: [2]

  • Section 47 was amended so that regulations relating to manning requirements on ships may refer to information contained in other documents.
  • Section 193 was amended to specify the area of sea in which each Authority may operate.
  • Section 197 was amended and section 197A added to enable the general lighthouse authorities to enter into a broader range of commercial agreements. The income from these agreements will supplement revenue from light dues, used to fund the work of the Authorities.
  • Section 252 was amended to enable lighthouse authorities to mark wrecks by electronic methods as well as physical aids to navigation.

See also

References

  1. ^ Maritime and Coastguard Agency 20 November 2008 at the Wayback Machine - Role of the Receiver Of Wreck
  2. ^ "Marine Navigation Act 2013: Explanatory Notes" (PDF). Parliament of the United Kingdom. April 2013. Retrieved 18 May 2013.

External links

  • Text of the Merchant Shipping Act 1995 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

merchant, shipping, 1995, parliament, passed, united, kingdom, 1995, consolidated, much, maritime, legislation, repealing, several, acts, their, entirety, provisions, many, more, some, dating, back, nineteenth, century, appoints, several, officers, admiralty, . The Merchant Shipping Act 1995 is an Act of Parliament passed in the United Kingdom in 1995 It consolidated much of the UK s maritime legislation repealing several Acts in their entirety and provisions in many more some dating back to the mid nineteenth century It appoints several officers of Admiralty Jurisdiction such as the Receiver of Wreck The Act of 1995 updates the prior Merchant Shipping Act 1894 The lead part on British ships was impacted by the outcome of the Factortame case as the Merchant Shipping Act 1988 was impugned by the Common Fisheries Policy Merchant Shipping Act 1995Act of ParliamentParliament of the United KingdomLong titleAn Act to consolidate the Merchant Shipping Acts 1894 to 1994 and other enactments relating to merchant shipping Citation1995 c 21Territorial extent United KingdomDatesRoyal assent19 July 1995Commencement1 January 1996Status Current legislationText of statute as originally enactedRevised text of statute as amended Contents 1 Content of Act 1 1 Part VIII Lighthouses 1 2 Part IX Salvage and Wreck 1 3 Part XI Accident Investigations and Inquiries 2 Subsequent amendments 3 See also 4 References 5 External linksContent of Act EditThe Act comprises 316 sections divided into 13 Parts Part I British ships Part II Registration Part III Masters and Seamen Part IV Safety Part V Fishing Vessels Part VI Prevention of Pollution Part VII Liability of Shipowners and Others Part VIII Lighthouses Part IX Salvage and Wreck Part X Enforcement Officers and Powers Part XI Accident Investigations and Inquiries Part XII Legal Proceeding Part XIII SupplementalPart VIII Lighthouses Edit Part VIII of the Act provides the powers and duties of the general lighthouse authorities and local lighthouse authorities Part IX Salvage and Wreck Edit Receiver of Wreck is a post defined in Part IX of the Act It is an official of the British government whose main task is to process incoming reports of shipwrecks in order to give legitimate owners the opportunity to retrieve their property and ensure that law abiding finders of wreck receive an appropriate reward 1 According to the Act a wreck falls into one of four categories Flotsam goods lost from a ship which has sunk or otherwise perished which are recoverable because they have floated Jetsam goods cast overboard jettisoned in order to lighten a vessel which is in danger of sinking even if they ultimately perish Derelict property which has been abandoned and deserted at sea by those who were in charge without any hope of recovering it This includes vessels and cargo Lagan or ligan goods cast overboard from a ship which afterwards perish buoyed so that they can be recovered later Part XI Accident Investigations and Inquiries Edit Part XI of the Act provides the powers and duties of the Marine Accident Investigation Branch Subsequent amendments EditThe Merchant Shipping Pollution Act 2006 amended section 178 1 of the Act It restricts claims to being enforced within three years of the damage occurring whereas previously it had been restricted to within three years after the claim against the Fund arose and within six years of the damage occurring The Marine Navigation Act 2013 made four changes to the Act 2 Section 47 was amended so that regulations relating to manning requirements on ships may refer to information contained in other documents Section 193 was amended to specify the area of sea in which each Authority may operate Section 197 was amended and section 197A added to enable the general lighthouse authorities to enter into a broader range of commercial agreements The income from these agreements will supplement revenue from light dues used to fund the work of the Authorities Section 252 was amended to enable lighthouse authorities to mark wrecks by electronic methods as well as physical aids to navigation See also EditMerchant Shipping Act Merchant Shipping Act 1894 Merchant Shipping Act 1786 R Factortame Ltd v Secretary of State for TransportReferences Edit Maritime and Coastguard Agency Archived 20 November 2008 at the Wayback Machine Role of the Receiver Of Wreck Marine Navigation Act 2013 Explanatory Notes PDF Parliament of the United Kingdom April 2013 Retrieved 18 May 2013 External links EditText of the Merchant Shipping Act 1995 as in force today including any amendments within the United Kingdom from legislation gov uk Retrieved from https en wikipedia org w index php title Merchant Shipping Act 1995 amp oldid 1107211346, wikipedia, wiki, book, books, library,

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