Chapter 16: Inspections and Investigations

256 – (1) The Secretary of State may, if he thinks fit, appoint any person as an inspector to report to him –

1. upon the nature and causes of any accident or damage which any ship has, or is alleged to have sustained or caused;

2. whether any requirements, restrictions or prohibitions imposed by or under this Act have been complied with or (as the case may be) contravened;

3. whether the hull and machinery of a ship are sufficient and in good condition;

4. what measures have been taken to prevent the escape of oil or mixtures containing oil.

(2) The Secretary of State may, at such ports as he thinks fit, appoint persons to be surveyors of ships for the purposes of this Act and may remove any person so appointed.

(3) A surveyor of ships may be appointed either as a ship surveyor or as an engineer surveyor or as both.

(4) Surveyor of ships may be appointed either generally or for any particular case or purpose.

(5) The Secretary of State may also appoint a surveyor general of ships for the United Kingdom and such other officers in connection with the survey of ships and other matters incidental thereto as he thinks fit.

(6) The Secretary of State may appoint persons to be inspectors for the purposes of sections 261 to 266.

(7) Every inspector appointed under subsection (1) above shall be treated as appointed under [subsection] (6) above.

(8) Every surveyor of ships shall be treated as a person appointed generally under subsection (1) above to report to the Secretary of State in every kind of case falling within paragraphs (b) and (d) of that subsection in relation to Chapter II of Part VI.

(9) In this Act –

1. “Departmental inspector” means an inspector appointed under subsection (1) above;

2. “surveyor of ships” means a surveyor appointed under subsection (2) above;

3. “Departmental officer” means any officer of the Secretary of State discharging functions of his for the purposes of this Act;

16.3 Notes

The word in square brackets in subsection (7) was substituted by the Merchant Shipping and Maritime Security Act 1997, section 29(1), Schedule 6, paragraph 15, the substitution made effective as from 17 July 1997 by virtue of the Merchant Shipping and Maritime Security Act 1997 (Commencement No 2) Order 1997, SI 1997/1539. The Scotland Act 1998 (Consequential Modifications) (No 2) Order 1999, SI 199/1820 inserted the following section 256A into the Merchant Shipping Act 1995.

256A. – (1) The Scottish Ministers may authorise any member of the staff of the Scottish Administration to exercise any of the powers under sections 125(3), 258 and 284(1) of an officer of, or a person appointed by, a Minister of the Crown for the purpose of enforcing, in Scotland or in the Scottish zone and in relation to fishing vessels, sections 49 and 125; and sections 258(5) and 284(4) and (5) shall apply in relation to a member of the staff of the Scottish Administration authorised under this section as they apply to such an officer or person.

(2) In this section, “the Scottish zone” has the same meaning as in section 126(1) of the Scotland Act 1998.

16.4 MSA 1995, section 257

257 – (1) The powers conferred by this section are conferred in relation to United Kingdom ships and are available to any of the following officers; namely –

1. any Departmental officer,

2. any commissioned naval officer,

3. any British consular officer,

4. the Registrar General of Shipping and Seamen or any person discharging his functions,

5. any chief officer of customs and excise,

6. any superintendent,

(2) Those powers are –

1. to require the owner, master, or any of the crew to produce any official log-books or other documents relating to the crew or any member of the crew in their possession or control;

2. to require the master to produce a list of all persons on board his ship, and take copies or extracts from the official log-books or such other documents;

3. to muster the crew; and

4. to require the master to appear and give any explanation concerning the ship or her crew or the official log-books or documents produced or required to be produced.

(3) If any person, on being duly required by an officer under this section to produce a log-book or any document, fails without reasonable excuse to produce the log-book or document, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4) If any person, on being duly required by any officer under this section –

1. to produce a log-book or document, refuses to allow the log-book or document to be inspected or copied;

2. to muster the crew, impedes the muster; or

3. to give any explanation, refuses or neglects to give the explanation or knowingly misleads or deceives the officer;

16.5 Cross-references

As to “Departmental officer”: see section 256(9). As to “commissioned naval officer”, “consular officer”: see section 313(1). The Registrar-General of Shipping and Seamen is appointed under section 295. As to “superintendents”: see sections 296 and 313(1). As to “chief officer of customs and excise”: see the Customs and Excise Management Act 1979 (not reproduced in this work). Documents relating to the crew include crew agreements, official logbooks, lists of crew and British seamen’s cards. As to crew agreements: see section 25. As to official logbooks: see section 77 and the Merchant Shipping (Official Log Books) Regulations 1981, SI 1981/569, as amended. As to lists of crew: see section 78 and the Merchant Shipping (Crew Agreements, Lists of Crew and Discharge of Seamen) Regulations 1991, SI 1991/2144. As to British seamen’s cards: see section 79 and the Merchant Shipping (Seamen’s Documents) Regulations 1987, SI 1987/408, as amended.

16.6 MSA 1995, section 258

258 – (1) [For the purposes of seeing that the provisions of this Act other than sections 131 to 141 and sections 143 to 151 and the provisions of regulations and rules made under this Act (other than those sections) are complied with or] that the terms of any approval, licence, consent, direction or exemption given by virtue of such regulations are duly complied with, the following persons, namely –

1. a surveyor of ships,

2. a superintendent,

3. any person appointed by the Secretary of State, either generally or in a particular case, to exercise powers under this section,

[(1A) The powers conferred by subsection (1) above are not exercisable in relation to a qualifying foreign ship while the ship is exercising –

1. the right of innocent passage, or

2. the right of transit passage through straits used for international navigation.]

(2) The powers conferred by subsection (1) above are, if the ship is a United Kingdom ship, also exercisable outside [United Kingdom waters] and may be so exercised by a proper officer as well as by the persons mentioned in that subsection.

(3) A person exercising powers under this section shall not unnecessarily detain or delay a ship but may, if he considers it necessary in consequence of an accident or for any other reason, require a ship to be taken into dock for a survey of its hull or machinery.

(4) Where any such person as is mentioned in subsection (1) above has reasonable grounds for believing that there are on any premises provisions or water intended for supply to a United Kingdom ship which, if provided on the ship, would not be in accordance with safety regulations containing requirements as to provisions and water to be provided on ships he may enter the premises and inspect the provisions or water for the purpose of ascertaining whether they would be in accordance with the regulations.

(5) If any person obstructs a person in the exercise of his powers under this section, or fails to comply with a requirement made under subsection (3) above, he shall be liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.

16.7 Notes

Words in the first set of square brackets in subsection (1) were substituted, and words in the second set of square brackets in that subsection were inserted, and words missing from that subsection were repealed, subsection (1A) was inserted and...