Treaties of Washington Act 1922
| Jurisdiction | UK Non-devolved |
| Citation | 1922 c. 21 |
| Year | 1922 |
Treaties of Washington Act, 1922
(12 & 13 Geo. 5.) CHAPTER 21.
An Act for enabling effect to be given to two Treaties signed at Washington on behalf of His Majesty and certain other Powers.
[20th July 1922]
W HEREAS at Washington on the sixth day of February, nineteen hundred and twenty-two, two treaties were signed on behalf of His Majesty, the one (being a Treaty for the Limitation of Naval Armament) containing among other provisions, the provisions set out in the First Schedule to this Act, and the other (being a treaty to protect neutrals and non-combatants at sea in time of war and to prevent use in war of noxious gases and chemicals) containing among other provisions the provisions set forth in the Second Schedule to this Act:
And whereas it is expedient to give effect to the provisions so set forth in manner hereafter appearing:
Be it therefore enacted by the King'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:—
1 Restriction on building, &c., vessels of war.
(1) No person shall, without a licence from the Admiralty—
(a ) within any part of His Majesty's Dominions to which this Act applies, build any vessel of war, or alter, arm or equip any ship so as to adapt her for use as a vessel of war; or
(b ) despatch or deliver, or allow to be despatched or delivered, from any place within any part of His Majesty's Dominions to which this Act applies any ship which has been so built, altered, armed, or equipped as aforesaid either entirely or partly within His Majesty's Dominions:
Provided that a licence for any such purpose shall not be refused by the Admiralty unless it appears to the Admiralty necessary to do so for the purpose of securing the observance of the obligations imposed by the first-mentioned Treaty, and where a licence is granted subject to conditions, the conditions shall be such only as may appear necessary to the Admiralty for the purpose aforesaid.
(2) An application for a licence under this section shall be accompanied by such designs and particulars as the Admiralty may require.
(3) The Admiralty may, by warrant, empower any person to enter any dockyard, shipyard, or other place, and to make inquiries respecting any ship being built, altered, armed, or equipped therein, with a view to ascertaining whether any ship is being built, altered, armed, or equipped contrary to this Act, and to search any such ship.
(4) If any question arises as to whether a ship is a vessel of war, or whether any alteration, arming, or equipment of a ship is such as to adapt her for use as a vessel of war, the question shall be referred to and determined by the Admiralty whose decision shall be final.
2 Legal proceedings.
(1) If any person contravenes the foregoing provisions of this Act, or contravenes or fails to comply with any condition subject to which a licence under this Act is granted, he shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment with or without hard labour for a term not exceeding two years, or to a fine not exceeding one hundred pounds, or to both such imprisonment and fine, and the ship in respect of which the offence is committed and her equipment shall be liable to forfeiture to His Majesty.
(2) Where the person guilty of such an offence is a company or corporation, every director and manager of the company or corporation shall be guilty of the like offence and liable to the like penalties, unless he proves that the act or omission constituting the offence took place without his knowledge and consent.
(3) Where any such offence has been committed by any person by reason whereof a ship or the equipment thereof has become liable to forfeiture, proceedings may be instituted contemporaneously or not, as may be thought fit, against the offender in any court having jurisdiction of the offence, and against the ship, or ship and equipment, for the forfeiture in a court having jurisdiction in Admiralty; but it shall not be necessary to take proceedings against the offender because proceedings are instituted for the forfeiture, or to take proceedings for the forfeiture because proceedings are taken against the offender.
(4) Section seventy-six of the Merchant Shipping Act, 1894 (which relates to the forfeiture of ships), as amended by any subsequent enactment, shall apply to ships which have become subject to forfeiture under this Act in like manner as it applies to ships subject to forfeiture under Part I. of that Act.
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