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.
Content of Act
The Act comprises 316 sections divided into 13 Parts:
Merchant shipping acts and regulations also exist as well in other countries, and they are sometimes referred to as "Merchant Shipping Act" such as in Malta, India, Singapore, Kenya and South Africa. Each country has its specific rules regarding merchant shipping.
The Act stemmed from a petition made to Parliament by a delegation of shipowners in 1786, concerned that recent court cases had put them at risk of significantly greater liabilities in case of loss or damage to cargo. It was passed by Parliament without a division in either House. Section I of the Act imposed a limit on the liability of shipowners in regards to goods lost or damaged in a robbery, regardless of whether the robbers were part of the crew of the ship or not. The liability for any loss or damage of goods was limited to the value of the vessel, her equipment, and any freight due for the voyage. This was an extension to the provisions of the Responsibility of Shipowners Act 1733, as the case of Sutton v. Mitchell, (1785) 1 T.R. 18, had highlighted that the 1733 Act would give no protection to shipowners where a ship was robbed without the collusion of the crew. Section II provided that the liability of the owner in case of fire was entirely removed, a reaction to Forward v. Pittard, (1785) I T.R. 27, where a shipowner had been held liable for loss from an accidental fire. Section III provided that the shipowner was under no liability at all in the case of stolen valuables (gold, silver, jewels, watches, etc.) unless the bill of lading clearly stated their nature, quality and value.
Introduced in 1906 by David Lloyd George, then President of the Board of Trade, the Merchant Shipping Act established regulations covering the standards of food and accommodation on British registered ships. It was part of a number of acts introduced by David Lloyd George, and later Winston Churchill, as President of the Board of Trade, to improve conditions for workers.
... a container ship ... The four Dutch nationals—Merijn Heidema (25), MartinHans Sinke (48), Richard Ouwehand (49), and Eric Peijpers (55)—were charged under the Merchant Shipping Act1995 on November 6.
Four crew members from the Dutch dredger Vox Maxima are facing charges under the Merchant Shipping Act1995 for their roles in a significant oil spill in Singapore on June 14 ... ....
Heard at Lewes Crown Court, Reid pleaded guilty to failing to do what was required as master to prevent his ship from causing serious damage to another ship or serious injury to another person, under Section 58 of the Merchant Shipping Act1995.
If you recover wreck material within UK territorial waters, or bring wreck material into UK territorial waters, you must report it to the Receiver of Wreck, under the Merchant Shipping Act1995.
... an investigation to determine whether there have been any infringements of relevant statutory requirements under the Merchant Shipping Act1995 following the collapse of the Francis Scott Key Bridge.
The crew were making a world record attempt to cross the Atlantic Ocean in 32 days, with the incident occurring on the 16th day ... He was charged under the Merchant Shipping Act1995 following the lengthy and complex investigation ... .
... on Limitation of Liability for Maritime Claims, as amended by the Amending Protocol of 1996 and now given the force of law in the United Kingdom by section 185 of the Merchant Shipping Act1995.
SMSA said it has done two things; firstly to include all the fees for new services under the regulation and also taken into account fees from the old law – the ‘Merchant Shipping Act of 1995 – which was outdated ... Patsy Canaya ....
