PART II

Passenger Ships

Annual survey.

6. —(1) A vessel being used as a passenger ship shall be surveyed at least once in each year in accordance with this Part.

(2) If, in respect of a vessel, there is a failure or refusal to comply with subsection (1), the owner of the vessel shall be guilty of an offence and shall be liable—

(a) on summary conviction, to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 6 months or to both, or

(b) on conviction on indictment, to a fine not exceeding £10,000 or to imprisonment for a term not exceeding 2 years or to both.

Mode of survey and declaration of survey for purposes of issue of passenger ship's certificate.

7. —The survey of a vessel for the purposes of this Part shall be carried out by a surveyor and, if the vessel is required to be provided with a radiotelegraph or radiotelephone installation, by a radio surveyor, and the surveyor or each surveyor, if satisfied on the survey that it is proper to do so, shall deliver to the owner a declaration (in this Part referred to as “a declaration of survey”) in such form, and containing statements in relation to such matters concerning the vessel and disclosed by the survey as may be prescribed.

Issue of passenger ship's certificate.

8. —(1) On the receipt of a declaration of survey in relation to a survey carried out not more than 2 months before the date of such receipt, the Minister, if he is satisfied that this Part has been complied with, shall, subject to subsection (4), issue to the owner of the vessel concerned a certificate in relation to the vessel (which shall be known as a passenger ship's certificate and is referred to in this Act as “a certificate”) stating such compliance and containing requirements, in accordance with the declarations in the declaration of survey delivered by the surveyor concerned, as to—

(a) the limits (if any) beyond which the vessel shall not ply,

(b) the maximum number of passengers that the vessel shall carry (specifying, if necessary, the numbers to be carriedin different parts of the vessel) and any conditions and variations to which the number is subject.

(2) A certificate shall be subject to such conditions and restrictions (if any) as the Minister may impose, at the time of the grant of the certificate or subsequently, and any such conditions or restrictions shall be specified in the certificate or in another document given or sent to the holder of the certificate by the Minister.

(3) A certificate shall, unless previously revoked or suspended, remain in force for one year or for such period, being less than one year, as may be specified in the certificate and shall then expire.

(4) Subject to the provisions of this section, a certificate shall be in such form as the Minister may determine.

(5) Notwithstanding anything contained in a declaration of survey, if the owner of the vessel concerned has been convicted of—

(a) an offence under subsection (6) (c), or

(b) any other offence that, in the opinion of the Minister, is of such a nature that, in the interests of safety, the person should not be the holder of a certificate in relation to the vessel,

the Minister may refuse to grant a certificate in relation to the vessel to the person.

(6) If in respect of a vessel there is a failure or refusal to comply with a condition, restriction or requirement specified in the certificate relating to it, the owner (or, if the vessel is on hire, the person to whom it is on hire) and the master shall each be guilty of an offence and shall each be liable—

(a) on summary conviction, to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 6 months or to both, or

(b) on conviction on indictment of an offence consisting of a failure or refusal to comply with a condition or restriction specified in the certificate, to a fine not exceeding £10,000 or to imprisonment for a term not exceeding 2 years or to both, or

(c) on conviction on indictment of an offence consisting of a failure or refusal to comply with a requirement specified in the certificate, to a fine not exceeding £100,000 or to imprisonment for a term not exceeding 2 years or to both.

Revocation and suspension of certificate.

9. —(1) If the Minister is satisfied that—

(a) a declaration of survey on which a certificate was founded was in any material particular made erroneously,

(b) information furnished to the Minister in relation to the issue of a certificate was false or misleading in a material particular, or

(c) since the making of such a declaration as aforesaid, the hull, equipment or machinery of the vessel concerned has suffered any damage or the vessel has become unsuitable for the carriage of passengers or for the carriage of themaximum number of passengers specified in the certificate or for plying to the limits so specified,

he may, if he considers it appropriate to do so, revoke the certificate.

(2) The Minister may, if he considers it appropriate to do so, revoke or suspend a certificate if there is a failure or refusal to comply with a condition, restriction or requirement specified in the certificate.

(3) If a certificate is suspended, the Minister may, if he so thinks fit, refuse to remove the suspension unless the vessel concerned has been surveyed and a declaration of survey in respect of it has been delivered to its owner since the suspension.

Display of certificate.

10. —(1) Whenever a certificate is in force in relation to a vessel, the certificate or a copy thereof, shall be displayed in the vessel in a position in which it is visible to and legible by all persons on board.

(2) (a) If, without reasonable cause, there is a contravention of subsection (1) in respect of a vessel, the owner of the vessel shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500.

(b) If a vessel is being used as a passenger ship and there is, without reasonable cause, a contravention of subsection (1) in respect of the vessel, the owner and the master of the vessel shall each be guilty of an offence and shall each be liable on summary conviction to a fine not exceeding £1,000.

False declaration of survey or certificate.

11. —(1) A person shall not knowingly and wilfully make or assist in making, or procure the making of, a false or fraudulent declaration of survey or certificate or a fraudulent alteration of a declaration of survey or certificate.

(2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable—

(a) on summary conviction, to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 6 months or to both, or

(b) on conviction on indictment, to a fine not exceeding £10,000 or to imprisonment for a term not exceeding 2 years or to both.

Uncertificated passenger ship.

12. —(1) A vessel shall not be used as a passenger ship unless a certificate is in force in relation to it.

(2) If in respect of a vessel there is a contravention of subsection (1), the owner and the master of the vessel shall each be guilty of an offence and shall each be liable—

(a) on summary conviction, to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 6 months or to both, or

(b) on conviction on indictment, to a fine not exceeding £100,000 or to imprisonment for a term not exceeding 2 years or to both.

Insurance of passenger ships.

13. —(1) A vessel shall not be used as a passenger ship unless there is in force a policy of insurance under which the owner of the vessel or, if the vessel is on hire, the person to whom it is on hire is insured against any sum which he or his personal representative may become liable to pay by way of compensation, damages or costs in respect of injury, loss or damage to a passenger or property on the vessel, or to a person or property not on the vessel, caused by or arising out of the operation of the vessel.

(2) Whenever a person enters into a contract of insurance for the purposes of subsection (1) with the owner or the hirer of a vessel, the person shall give to the owner or the hirer, as the case may be, a certificate in relation to the policy in such form and containing such particulars as may be prescribed and—

(a) the owner or the hirer, as the case may be, shall cause a copy of the certificate to be given or sent by registered post to the Minister, and

(b) the certificate or a copy thereof shall be displayed on the vessel while the vessel is in use as a passenger ship so as to be visible to and legible by all persons on board.

(3) (a) If in respect of a vessel there is a contravention of subsection (1), the owner of the vessel or, if the vessel is on hire, the person to whom it is on hire shall be guilty of an offence and shall be liable—

(i) on summary conviction, to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 6 months or to both, or

(ii) on conviction on indictment, to a fine not exceeding £100,000 or to imprisonment for a term not exceeding 2 years or to both.

(b) If in respect of a vessel there is, without reasonable cause, a contravention of subsection (2) (a), the owner or, if the vessel is on hire, the person to whom it is on hire shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500.

(c) If in respect of a vessel there is, without reasonable cause, a contravention of subsection (2) (b), the owner (or, if the vessel is on hire, the person to whom it is on hire) and the master of the vessel shall each be guilty of an offence and shall each be liable on summary conviction to a fine not exceeding £1,000.