MERCHANT SHIPPING ACT 1894 - SECT 85 Space occupied by deck cargo to be liable to dues.

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MERCHANT SHIPPING ACT 1894 - SECT 85

Space occupied by deck cargo to be liable to dues.

85.(1) If any ship, British or foreign, other than a home trade ship as
defined by this Act, carries as deck cargo, that is to say, in any uncovered
space upon deck, or in any covered space not included in the cubical contents
forming the ship's registered tonnage [and not exempted by regulations under
the Merchant Shipping Act 1965], timber, stores, or other goods, all dues
payable on the ship's tonnage shall be payable as if there were added to the
ship's registered tonnage the tonnage of the space occupied by those goods at
the time at which the dues become payable.

(2) The space so occupied shall be deemed to be the space limited by the area
occupied by the goods and by straight lines enclosing a rectangular space
sufficient to include the goods.

[(3) The tonnage of the space shall be ascertained by an officer of the Board
of Trade or of Customs [in accordance with regulations made under the Merchant
Shipping Act 1965], and when so ascertained shall be entered by him ... in a
memorandum which he shall deliver to the master, and the master shall, when
the said dues are demanded, produce that memorandum in like manner as if it
were the certificate of registry, or, in the case of a foreign ship, the
document equivalent to a certificate of registry, and in default shall be
liable to the same penalty as if he had failed to produce the said certificate
or document.]

[(3) The Secretary of State may, by regulations made by statutory instrument,
make provision

(a)as to the manner in which (including the persons by whom) the tonnage of
the space is to be ascertained, recorded and verified;

(b)as to the occasions on which and the persons by whom and to whom records of
the said tonnage are to be produced;

(c)for a contravention of the regulations to be an offence punishable on
summary conviction by a fine not exceeding #500 or such less sum as is
prescribed by the regulations;

(d)for such incidental and supplemental matters as the Secretary of State
considers appropriate in connection with the regulations,

(4) Nothing in this section shall apply to any ship employed exclusively in
trading or going from place to place in any river or inland water of which the
whole or part is in any British possession, or to deck cargo carried by a ship
while engaged in the coasting trade of any British possession.

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Northern Irish Legislation

MERCHANT SHIPPING ACT 1894 - SECT 85