The Merchant Shipping Act 1995 is an

Act of Parliament Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the Legislature, legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of ...

passed in the

United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...

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 Admiralty law or maritime law is a body of law that governs nautical issues and private maritime disputes. Admiralty law consists of both domestic law on maritime activities, and conflict of laws, private international law governing the relations ...

such as the

Receiver of Wreck The Receiver of Wreck is an official who administers law dealing with maritime wrecks and salvage in some countries having a British administrative heritage. In the United Kingdom, the Receiver of Wreck is also appointed to retain the possession o ...

. The Act of 1995 updates the prior

Merchant Shipping Act 1894 A merchant is a person who trades in commodities produced by other people, especially one who trades with foreign countries. Historically, a merchant is anyone who is involved in business or trade. Merchants have operated for as long as indust ...

. The lead part on British ships was impacted by the outcome of the Factortame case, as the

Merchant Shipping Act 1988 The Merchant Shipping Act 1988 c.12 was an Act of Parliament of the United Kingdom. It aimed to prevent foreign fishing fleets from fishing in British territorial waters. In the Factortame case, its provisions in Parts I and II, Registration of ...

was impugned by the Common Fisheries Policy.

Content of Act

The Act comprises 316 sections divided into 13 Parts: * Part I: British ships * Part II: Registration * Part III: Masters and Seamen * Part IV: Safety * Part V: Fishing Vessels * Part VI: Prevention of Pollution * Part VII: Liability of Shipowners and Others * Part VIII: Lighthouses * Part IX: Salvage and Wreck * Part X: Enforcement Officers and Powers * Part XI: Accident Investigations and Inquiries * Part XII: Legal Proceeding * Part XIII: Supplemental

Part VIII: Lighthouses

Part VIII of the Act provides the powers and duties of the general lighthouse authorities and local lighthouse authorities.

Part IX: Salvage and Wreck

is a post defined in Part IX of the Act. It is an official of the British government whose main task is to process incoming reports of shipwrecks in order to give legitimate owners the opportunity to retrieve their property and ensure that law-abiding finders of wreck receive an appropriate reward.Maritime and Coastguard Agency
- Role of the Receiver Of Wreck According to the Act, a wreck falls into one of four categories: ;

Flotsam In maritime law, flotsam'','' jetsam'','' lagan'','' and derelict are specific kinds of shipwreck. The words have specific nautical meanings, with legal consequences in the law of admiralty and marine salvage. A shipwreck is defined as the rema ...

: goods lost from a ship which has sunk or otherwise perished which are recoverable because they have floated. ;

Jetsam In maritime law, flotsam'','' jetsam'','' lagan'','' and derelict are specific kinds of shipwreck. The words have specific nautical meanings, with legal consequences in the law of admiralty and marine salvage. A shipwreck is defined as the rema ...

: goods cast overboard (jettisoned) in order to lighten a vessel which is in danger of sinking, even if they ultimately perish. ; Derelict : property which has been abandoned and deserted at sea by those who were in charge without any hope of recovering it. This includes vessels and cargo. ; Lagan (or ligan) : goods cast overboard from a ship, which afterwards perish, buoyed so that they can be recovered later.

Part XI: Accident Investigations and Inquiries

Part XI of the Act provides the powers and duties of the

Marine Accident Investigation Branch The Marine Accident Investigation Branch (MAIB) is a UK government organisation, authorised to investigate all maritime accidents in UK waters and accidents involving UK registered ships worldwide. Investigations are limited to establishing cau ...

Subsequent amendments

The

Merchant Shipping (Pollution) Act 2006 The Merchant Shipping (Pollution) Act 2006 (c 8) is an Act of the Parliament of the United Kingdom. It has three main purposes: to give effect to the Supplementary Fund Protocol 2003, to give effect to Annex IV of the MARPOL Convention, and t ...

amended section 178(1) of the Act. It restricts claims to being enforced within three years of the damage occurring, whereas previously it had been restricted to within three years after "the claim against the Fund arose", and within six years of the damage occurring. The

Marine Navigation Act 2013 The Marine Navigation Act 2013 (introduced into Parliament as the ''Marine Navigation (No.2) Bill'') is an Act of Parliament that amends various existing legislation, in particular relating to pilotage and the powers of harbour authorities, por ...

made four changes to the Act: * Section 47 was amended so that regulations relating to manning requirements on ships may refer to information contained in other documents. * Section 193 was amended to specify the area of sea in which each Authority may operate. * Section 197 was amended and section 197A added to enable the general lighthouse authorities to enter into a broader range of commercial agreements. The income from these agreements will supplement revenue from

light dues Light dues are the charges levied on ships for the maintenance of lighthouses and other aids to navigation. British Isles Light dues are levied on commercial vessels and larger pleasure boats calling at ports in the British Isles and paid into the ...

, used to fund the work of the Authorities. * Section 252 was amended to enable lighthouse authorities to mark wrecks by electronic methods as well as physical

aids to navigation Human immunodeficiency virus infection and acquired immunodeficiency syndrome (HIV/AIDS) is a spectrum of conditions caused by infection with the human immunodeficiency virus (HIV), a retrovirus. Following initial infection an individual m ...

References

External links

* {{UK legislation United Kingdom Acts of Parliament 1995 Admiralty law in the United Kingdom Fisheries law Shipping in the United Kingdom