Merchant Shipping Act 1995

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Merchant Shipping Act 1995

An Act to consolidate the Merchant Shipping Acts 1894 to 1994 and other enactments relating to merchant shipping.

[19 th July 1995]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part IBritish ships

1 British ships and United Kingdom ships

(1) A ship is a British ship if—

(a) the ship is registered in the United Kingdom under Part II; or

(b) the ship is, as a Government ship, registered in the United Kingdom in pursuance of an Order in Council under section 308; or

(d) the ship is a small ship other than a fishing vessel and—

(i) is not registered under Part II, but

(ii) is wholly owned by qualified owners, and

(iii) is not registered under the law of a country outside the United Kingdom.

(2) For the purposes of subsection (1)(d) above—

“qualified owners” means persons of such description qualified to own British ships as is prescribed by regulations made by the Secretary of State for the purposes of that paragraph; and

“small ship” means a ship less than 24 metres in length (“length” having the same meaning as in the tonnage regulations).

(3) A ship is a “United Kingdom ship” for the purposes of this Act (except section 85 and 144(3)) if the ship is registered in the United Kingdom under Part II (and in Part V “United Kingdom fishing vessel” has a corresponding meaning).

2 British flag

(1) The flag which every British ship is entitled to fly is the red ensign (without any defacement or modification) and, subject to subsections (2) and (3) below, no other colours.

(2) Subsection (1) above does not apply to Government ships.

(3) The following are also proper national colours, that is to say—

(a) any colours allowed to be worn in pursuance of a warrant from Her Majesty or from the Secretary of State;

(b) in the case of British ships registered in a relevant British possession, any colours consisting of the red ensign defaced or modified whose adoption for ships registered in that possession is authorised or confirmed by Her Majesty by Order in Council.

(4) Any Order under subsection (3)(b) above shall be laid before Parliament after being made.

3 Offences relating to British character of ship

(1) If the master or owner of a ship which is not a British ship does anything, or permits anything to be done, for the purpose of causing the ship to appear to be a British ship then, except as provided by subsections (2) and (3) below, the ship shall be liable to forfeiture and the master, the owner and any charterer shall each be guilty of an offence.

(2) No liability arises under subsection (1) above where the assumption of British nationality has been made for the purpose of escaping capture by an enemy or by a foreign ship of war in the exercise of some belligerent right.

(3) Where the registration of any ship has terminated by virtue of any provision of registration regulations, any marks prescribed by registration regulations displayed on the ship within the period of 14 days beginning with the date of termination of that registration shall be disregarded for the purposes of subsection (1) above.

(4) If the master or owner of a British ship does anything, or permits anything to be done, for the purpose of concealing the nationality of the ship, the ship shall be liable to forfeiture and the master, the owner and any charterer of the ship shall each be guilty of an offence.

(5) Without prejudice to the generality of subsections (1) and (4) above, those subsections apply in particular to acts or deliberate omissions as respects—

(a) the flying of a national flag;

(b) the carrying or production of certificates of registration or other documents relating to the nationality of the ship; and

(6) Any person guilty of an offence under this section shall be liable—

(a) on summary conviction, to a fine not exceeding £50 ,000;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both.

(7) This section applies to things done outside, as well as to things done within, the United Kingdom.

4 Penalty for carrying improper colours

(1) If any of the following colours, namely—

(a) any distinctive national colours except—

(i) the red ensign,

(ii) the Union flag (commonly known as the Union Jack) with a white border, or

(iii) any colours authorised or confirmed under section 2(3)(b); or

(b) any colours usually worn by Her Majesty’s ships or resembling those of Her Majesty, or

are hoisted on board any British ship without warrant from Her Majesty or from the Secretary of State, the master of the ship, or the owner of the ship (if on board) , and every other person hoisting them shall ...

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