Merchant Shipping Act 1995, section 313

Definitions

Part XIII Supplemental

(1)In this Act, unless the context otherwise requires—

  • “British connection” has the meaning given in section 9(9);

  • M55 “British citizen”, “British Dependent Territories citizen”, “British Overseas citizen” and “Commonwealth citizen” have the same meaning as in the British Nationality Act 1981 ;

  • “British ship” has the meaning given in section 1(1);

  • “commissioned military officer” means a commissioned officer in Her Majesty’s land forces on full pay;

  • “commissioned naval officer” means a commissioned officer of Her Majesty’s Navy on full pay;

  • “conservancy authority” includes all persons entrusted with the function of conserving, maintaining or improving the navigation of a tidal water (as defined in section 255);

  • “consular officer”, in relation to a foreign country, means the officer recognised by Her Majesty as a consular officer of that foreign country;

  • “contravention” includes failure to comply (and “failure” includes refusal);

  • “Departmental inspector” and “Departmental officer” have the meanings given in section 256(9);

  • M56 “fishing vessel” means a vessel for the time being used (or, in the context of an application for registration, intended to be used) for, or in connection with fishing for sea fish other than a vessel used (or intended to be used) for fishing otherwise than for profit; and for the purposes of this definition “sea fish” includes shellfish, salmon and migratory trout (as defined by section 44 of the Fisheries Act 1981 );

  • “foreign”, in relation to a ship, means that it is neither a United Kingdom ship nor a small ship (as defined in section 1(2)) which is a British ship;

  • “Government ship” has the meaning given in section 308;

  • “harbour” includes estuaries, navigable rivers, piers, jetties and other works in or at which ships can obtain shelter or ship and unship goods or passengers;

  • “harbour authority” includes all persons entrusted with the function of constructing, improving, managing, regulating, maintaining or lighting a harbour;

  • [F339 “harbour authority” means, in relation to a harbour—

    (a)

    the person who is the statutory harbour authority for the harbour, or

    (b)

    if there is no statutory harbour authority for the harbour, the person (if any) who is the proprietor of the harbour or who is entrusted with the function of managing, maintaining or improving the harbour;F339]

  • “master” includes every person (except a pilot) having command or charge of a ship and, in relation to a fishing vessel, means the skipper;

  • [F340 “Minister of the Crown” has the same meaning as in the Ministers of the M57 Crown Act 1975; F340]

  • “port” includes place;

  • “proper officer” means a consular officer appointed by Her Majesty’s Government in the United Kingdom and, in relation to a port in a country outside the United Kingdom which is not a foreign country, also any officer exercising in that port functions similar to those of a superintendent;

  • [F341 “qualifying foreign ship” has the meaning given in section 313A; F341]

  • “the register” and “registered” have the meaning given in section 23(1);

  • “the registrar”, in relation to the registration of ships, has the meaning given in section 8;

  • “registration regulations” means regulations under section 10;

  • “relevant British possession” means—

(a)the Isle of Man;

(b)any of the Channel Islands; and

(c)any colony;

  • “safety regulations” means regulations under section 85;

  • “seaman” includes every person (except masters and pilots) employed or engaged in any capacity on board any ship;

  • “ship” includes every description of vessel used in navigation;

  • [F342 “statutory harbour authority” means—

    (a)

    in relation to Great Britain, a harbour authority within the meaning of the M58Harbours Act 1964; and

    (b)

    in relation to Northern Ireland, a harbour authority within the meaning of the M59Harbours Act (Northern Ireland) 1970.F342]

  • “superintendent” means a mercantile marine superintendent appointed under section 296;

  • “surveyor of ships” has the meaning given in section 256(9);

  • “the tonnage regulations” means regulations under section 19;

  • “United Kingdom ship” (and in Part V “United Kingdom fishing vessel”) has the meaning given in section 1(3) except in the contexts there mentioned; and

  • “wages” includes emoluments.

(2)In this Act—

(a) “United Kingdom waters” means the sea or other waters within the seaward limits of the territorial sea of the United Kingdom; and

(b) “national waters”, in relation to the United Kingdom, means United Kingdom waters landward of the baselines for measuring the breadth of its territorial sea.

[F343 (2A) In this Act “right of innocent passage”, “right of transit passage” and “straits used for international navigation” shall be construed in accordance with the United Nations Convention on the Law of the Sea 1982. F343]

(3)A vessel for the time being used (or intended to be used) wholly for the purpose of conveying persons wishing to fish for pleasure is not a fishing vessel.

Definitions used in section 313 1

the Convention

(1) The provisions of the Convention on Limitation of Liability for Maritime Claims 1976 as set out in Part I of Schedule 7 (in this section and Part II of that Schedule referred to as “the Convention”) shall have the force of law in the United Kingdom.

Defined in s.185(1) · see it in the full Act

1 In this Part of this Schedule “the Convention” means the Convention as set out in Part I of this Schedule and any reference to a numbered article is a reference to the article of the Convention which is so numbered.

Defined in Sch.11 Pt.II · see it in the full Act

(1) The provisions of the Convention relating to the Carriage of Passengers and their Luggage by Sea as set out in Part I of Schedule 6 (hereafter in this section and in Part II of that Schedule referred to as “the Convention”) shall have the force of law in the United Kingdom.

Defined in s.183(1) · see it in the full Act

Cases considering section 313 4

Goodwin, R v

[2005] EWCA Crim 3184 · 7 December 2005Defines

The court construed the definition of ship, including every description of vessel used in navigation. A recreational jet ski used simply for enjoyment without ordered progression was not within that definition. (see paras [14]-[17]; [27]; [33]-[34])

Clark v Perks (No 2) (Guild v Newrick, MacLeod v Perks)

[2001] EWCA Civ 1228 · 27 July 2001Defines

The court treated the definition referring to vessels used in navigation as a proper framework for considering the ordinary statutory word ship. The Commissioners made no error in applying that approach. Cited only.

The Environment Agency v Gibbs & Anor

[2016] EWHC 843 (Admin) · 15 April 2016Limits

Limits the assistance available from the Merchant Shipping Act definition because its statutory context requires a vessel to be used in navigation. (see para [41])

What each judgment says about section 313 is in the case-law panel in the full Act.

Amendments and notes

13 notes from legislation.gov.uk

Amendments

  1. F339Definition of “harbour authority”in s. 313(1) inserted (17.17.1997) by 1997 c. 28, s. 29(1), Sch. 6 para. 19(2)(a); S.I. 1997/1539, art. 2, Sch.
  2. F340Definition of “Minister of the Crown”in s. 313(1) inserted (23.3.1997) by 1997 c. 28, s. 29(1), Sch. 6 para. 19(2)(b); S.I. 1997/1082, art. 2, Sch.
  3. F341Definition of “qualifying foreign ship”in s. 313(1) inserted (23.3.1997) by 1997 c. 28, s. 29(1), Sch. 6 para. 19(2)(c); S.I. 1997/1082, art. 2, Sch.
  4. F342Definition of “statutory habour authority”in s. 313(1) inserted (17.7.1997) by 1997 c. 28, s. 29(1), Sch. 6 para. 19(2)(d); S.I. 1997/1539, art. 2, Sch.
  5. F343S. 313(2A) inserted (23.3.1997) by 1997 c. 28, s. 29(1), Sch. 6 para. 19(3); S.I. 1997/1082, art. 2, Sch.

Modifications

  1. C429S. 313 extended (with modifications) to Jersey (1.12.1997) by S.I. 1997/2598, arts. 2, 3, Sch. 1
  2. C430S. 313 applied (30.3.2004) by Railways and Transport Safety Act 2003 (c. 20), s. 89(2); S.I. 2004/827, art. 3(l)
  3. C431S. 313 applied (with modifications) (31.3.2023) by The Merchant Shipping (Watercraft) Order 2023 (S.I. 2023/35), arts. 1(1), 2(4)

Marginal citations

  1. M551981 c. 61.
  2. M561981 c. 29.
  3. M571975 c. 26.
  4. M581964 c. 40.
  5. M591970 c. 1 (N.I.).