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MERCHANT SHIPPING ACT 1894 - SECT 459

Saving for other enactments relating to dangerous goods.

459.(1) Where a British ship, being in any port in the United Kingdom, is an
unsafe ship, that is to say, is by reason of the defective condition of her
hull, equipments, or machinery [or by reason of undermanning], or by reason of
overloading or improper loading, unfit to proceed to sea without serious
danger to human life, having regard to the nature of the service for which she
is intended, such ship may be provisionally detained for the purpose of being
surveyed [or for ascertaining the sufficiency of her crew] and either finally
detained or released as follows:

(a)The Board of Trade, if they have reason to believe, on complaint or
otherwise, that a British ship is unsafe, may order the ship to be
provisionally detained as an unsafe ship for the purpose of being surveyed.

(b)When a ship has been provisionally detained there shall be forthwith served
on the master of the ship a written statement of the grounds of her detention,
and the Board of Trade may, if they think fit, appoint some competent person
or persons to survey the ship and report thereon to the Board.

(c)The Board of Trade on receiving the report may either order the ship to be
released or, if in their opinion the ship is unsafe, may order her to be
finally detained, either absolutely, or until the performance of such
conditions with respect to the execution of repairs or alterations, or the
unloading or re-loading of cargo, [or the manning of the ship] as the Board
think necessary for the protection of human life, and the Board may vary or
add to any such order.

(d)Before the order for final detention is made a copy of the report shall be
served upon the master of the ship, and within seven days after that service
the owner or master of the ship may appeal to the court of survey for the port
or district where the ship is detained in manner directed by the rules of that
court.

(e)Where a ship has been provisionally detained, the owner or master of the
ship, at any time before the person appointed under this section to survey the
ship makes that survey, may require that he shall be accompanied by such
person as the owner or master may select out of the list of assessors for the
court of survey, and in that case if the surveyor and assessor agree, the
Board of Trade shall cause the ship to be detained or released accordingly,
but if they differ, the Board of Trade may act as if the requisition had not
been made, and the owner and master shall have the like appeal touching the
report of the surveyor as is before provided by this section.

(f)Where a ship has been provisionally detained, the Board of Trade may at any
time, if they think it expedient, refer the matter to the court of survey for
the port or district where the ship is detained.

(g)The Board of Trade may at any time, if satisfied that a ship detained under
this section is not unsafe, order her to be released either upon or without
any conditions.

(2) Any person appointed by the Board of Trade for the purpose (in this Act
referred to as a detaining officer) shall have the same power as the Board
have under this section of ordering the provisional detention of a ship for
the purpose of being surveyed, and of appointing a person or persons to survey
her; and if he thinks that a ship so detained by him is not unsafe may order
her to be released.

(3) A detaining officer shall forthwith report to the Board of Trade any order
made by him for the detention or release of a ship.

(4) An order for the detention of a ship, provisional or final, and an order
varying the same, shall be served as soon as may be on the master of the ship.

(5) A ship detained under this section shall not be released by reason of her
British register being subsequently closed.

(6) The Board of Trade may with the consent of the Treasury appoint fit
persons to act as detaining officers under this section, and may remove any
such officer; and a detaining officer shall be paid such salary or
remuneration (if any) out of money provided by Parliament as the Treasury
direct, and shall for the purpose of his duties have all the powers of a Board
of Trade inspector [under section 27 of the Merchant Shipping Act 1979].

(7) A detaining officer and a person authorised to survey a ship under this
section shall for that purpose have the same power as a person appointed by a
court of survey to survey a ship, and the provisions of this Act with respect
to the person so appointed shall apply accordingly.

© 1894 Crown Copyright

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