Merchant Shipping Bill [H.L.]

HL Deb 28 April 1988 vol 496 cc327-57

5.10 p.m.

The Parliamentary Under-Secretary of State, Department of Transport (Lord Brabazon of Tara)

My Lords, I beg to move that the Commons amendments be now considered.

Moved, That the Commons amendments be now considered.—(Lord Brabazon of Tara.)

On Question, Motion agreed to.

COMMONS AMENDMENTS

[Page and line references are to Bill 82 as first printed for the Commons.]

1 Clause 2, page 2, line 15, at end insert—

'(aa) the ship is registered in the United Kingdom in pursuance of an Order in Council under section 80 of the Merchant Shipping Act 1906 (Government ships); or

(ab) the ship is a fishing vessel within the meaning of Part II of this Act which is eligible to be registered under that Part of this Act by virtue of section 13 below, but—

1. (i) is excluded from registration under that Part of this Act by regulations made under section 12 below, and
2. (ii) is not registered under the law of any country outside the United Kingdom; or'.

2 Clause 4, page 4, line 8, at end insert—

'(5A) A ship shall, in accordance with section 12(2)(a) below, not be entitled to be registered if it is a fishing vessel within the meaning of Part II.'.

3 Clause 4, page 4, line 23, leave out from 'ships)' to end of line 25.

Lord Brabazon of Tara

My Lords, with the leave of the House, I beg to move that this House do agree with the Commons in their Amendments Nos. 1, 2 and 3. At the same time, I should like to speak to Amendment No. 87. These amendments are concerned with the description of certain ships and fishing vessels, and specifically with ships owned by the Government and registered under the 1906 Act and fishing vessels excluded from registry under Part II of the Bill. I beg to move.

Moved, That this House do agree with the Commons in the said amendments.—(Lord Brabazon of Tara.)

Lord Underhill

My Lords, I express gratitude to the Minister for the supply of notes as to meaning of the amendments, without which I should have been in some difficulty. Useful work has been done by the Minister's department. It is also helpful to have the indication that a large number of the amendments are of a technical character. I have checked what happened on Report in another place, and there were no debates. We should now be able to get through the business with a fair amount of speed.

Lord Brabazon of Tara

My Lords, I am grateful to the noble Lord, Lord Underhill. I shall make certain to pass on his thanks to the various people in my department who contributed to the notes that were made available.

I shall deal with the amendments as quickly as I can, but there are several upon which I should like to dwell.

On Question, Motion agreed to.

COMMONS AMENDMENTS

4 Clause 5, page 5, line 20, leave out from 'authorised' to 'under' in line 21 and insert by virtue of any statutory provision, to be served for the purpose of the institution of, or otherwise in connection with, proceedings for an offence'.

5 Clause 5, page 5, line 23 leave out 'be treated as duly served on the owner' and insert ', where the person to be served is the owner of a registered ship, be treated as duly served on him'.

6 Clause 5, page 5, line 30, leave out subsection (6).

Lord Brabazon of Tara

My Lords, with the leave of the House, I beg to move that this House do agree with the Commons in their Amendments Nos. 4, 5 and 6.

These amendments made minor drafting alterations to the provisions in Clause 5 concerning the service of documents connected with criminal proceedings for a breach of the Merchant Shipping Acts. I beg to move.

Moved, That this House do agree with the Commons in the said amendments.—(Lord Brabazon of Tara.)

On Question, Motion agreed to.

COMMONS AMENDMENTS

7 Clause 6, page 6, line 8, leave out from 'notice,' to 'not' in line 11 and insert 'give to registrars of British ships generally a direction requiring them'.

8 Clause 6, page 6, line 14, leave out from 'may' to 'is' in line 16 and insert 'give to registrars of British ships generally a direction requiring them not to register the ship if he'.

Lord Brabazon of Tara

My Lords, with the leave of the House, I beg to move that this House do agree with the Commons in their Amendments Nos. 7 and 8.

These amendments (which I hope are self-explanatory) were brought forward in fulfilment of an undertaking given in Committee in another place to the honourable Member for Stretford. We are obliged to him for drawing attention to what might have proved a loophole in our registration procedures. I beg to move.

Moved, That this House do agree with the Commons in the said amendments.—(Lord Brabazon of Tara.)

On Question, Motion agreed to.

COMMONS AMENDMENT

9 Clause 7, page 6, line 24, leave out 'require the owner of the shop' and insert 'served on—

1. (a) the owner of the ship, or
2. (b) any representative person for the time being appointed in relation to the ship,

require that person'.

Lord Brabazon of Tara

My Lords, with the leave of the House, I beg to move that this House do agree with the Commons in their Amendment No. 9. At the same time I should like to speak to Amendments Nos. 60 to 64.

The purpose of this group of amendments is to supplement existing Parts I and II of the Bill for the serving of notices by my right honourable friend the Secretary of State concerning evidence of eligibility to register and the termination of registration of a ship or fishing vessel. I beg to move.

Moved, That this House do agree with the Commons in the said amendment.—(Lord Brabazon of Tara.)

On Question, Motion agreed to.

COMMONS AMENDMENT

10 Clause 7, page 7, line 2, leave out 'so' and insert 'for the time being'.

Lord Brabazon of Tara

My Lords, with the leave of the House, I beg to move that this House do agree with the Commons in their Amendment No. 10. This is a drafting amendment. I beg to move.

Moved, That this House do agree with the Commons in the said amendment.—(Lord Brabazon of Tara.)

On Question, Motion agreed to.

COMMONS AMENDMENTS

11 After Clause 8 insert the following new clause:

Duty of owner of registered ship to secure termination of any overseas registration.

'(1) Where a ship becomes registered at a time when it is already registered under the law of any country outside the United Kingdom, the owner of the ship shall take all reasonable steps to secure the termination of the ship's registration under the law of that country.

(2) Any person who contravenes subsection (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding the third level on the standard scale.

(3) Subsection (1) does not apply to a ship which becomes registered in pursuance of section 53B of the 1894 Act (transfer of registration under that Act from overseas territory).'.

12 Clause 12, page 10, line 26, at end insert—

'(4A) Where a fishing vessel becomes registered under this Part at a time when it is already registered under the law of any country outside the United Kingdom, the owner of the vessel shall take all reasonable steps to secure the termination of the vessel's registration under the law of that country.

(4B) Any person who contravenes subsection (4A) shall be guilty of an offence and liable on summary conviction to a fine not exceeding the third level on the standard scale.'.

Lord Brabazon of Tara

My Lords, with the leave of the House, I beg to move that this House do agree with the Commons in their Amendments Nos. 11 and 12. I spoke to the amendments when dealing with Amendment No. 3. I beg to move.

Moved, That this House do agree with the Commons in the said amendments. —(Lord Brabazon of Tara.)

On Question, Motion agreed to.

COMMONS AMENDMENT

13 Clause 13, page 10, line 32, after 'directed', insert 'and controlled'.

Lord Brabazon of Tara

My Lords, with the leave of the House, I beg to move that this House do agree with the Commons in their Amendment No. 13. The amendment was moved by the Opposition in another place and accepted by the Government. To the criteria for eligibility to register a fishing vessel, it adds that its operations be not only directed but also controlled from within the United Kingdom. I beg to move.

Moved, That this House do agree with the Commons in the said amendment.—(Lord Brabazon of Tara.)

On Question, Motion agreed to.

COMMONS AMENDMENT

14 Clause 13, page 11, line 43, leave out '(b)' and insert '(d)'.

Lord Brabazon of Tara

My Lords, with the leave of the House, I beg to move that this House do agree with the Commons in their Amendment No. 14.

The amendment remedies an error in the selection of the appropriate powers of inspection from Section 27 of the 1979 Merchant Shipping Act to be available to a person appointed under this clause to investigate a fishing vessel's eligibility to be registered. I beg to move.

Moved, That this House do agree with the Commons in the said amendment.—(Lord Brabazon of Tara.)

On Question, Motion agreed to.

COMMONS AMENDMENTS

15 Clause 13, page 12, line 9, after 'means', insert '—

(a)'.

16 Clause 13, page 12, line 10, after 'Kingdom', insert ', or

(b) a local authority in the United Kingdom'.

Lord Brabazon of Tara

My Lords, with the leave of the House, I beg to move that this House do agree with the Commons in their Amendments Nos. 15 and 16.

These are technical amendments to make it quite clear that a local authority that has shares in a fishing vessel is a "qualified person" for the purposes of the Bill's fishing vessel provisions. I beg to move.

Moved, That this House do agree with the Commons in the said amendments.—(Lord Brabazon of Tara.)

On Question, Motion agreed to.

COMMONS AMENDMENTS

17 Clause 21, page 17, line 8, at end insert—

'(2A) Subsection (1) also applies to any fishing vessel which (notwithstanding that it is not entitled to be so registered) is for the time being registered in the United Kingdom under Part I of the 1894 Act or section 5 of the Merchant Shipping Act 1983 (registration of small ships).'.

18 Page 17, line 19, leave out 'registered under this Part' and insert 'a British ship and is not registered under the law of any country outside the United Kingdom'.

19 Page 17, line 20, leave out 'so registered,' and insert 'registered under this Part,'.

Lord Brabazon of Tara

My Lords, with the leave of the House, I beg to move that this House do agree with the Commons in their Amendments Nos. 17, 18 and 19.

Amendment No. 17 closes a loophole to ensure that Clause 21 can be enforced against vessels that breach the new registration requirements. There are two categories of ship not presently covered by the clause: a ship registered under Part I of the 1894 Act, in which there is a minority foreign ownership, and a ship registered on the small ships' register.

The other amendments are consequential to earlier changes to the Bill, which provided that fishing vessels eligible to register under Part II but exempted from doing so are nonetheless British ships. I beg to move.

Moved, That this House do agree with the Commons in the said amendments.—(Lord Brahazon of Tara.)

On Question, Motion agreed to.

COMMONS AMENDMENT

20 Clause 24, page 19, line 22, leave out subsection (4).

Lord Brabazon of Tara

My Lords, with the leave of the House, I beg to move that this House do agree with the Commons in their Amendment No. 20.

Subsection (4) of Clause 24 was originally included to ensure that entries of ownership in the fishing vessel register could be used as conclusive evidence in legal proceedings. Following consultation with representatives of the fishing industry on the merits of this subsection, we have agreed that this is too sweeping. It might, for example, leave the owner liable if the register was not up to date. The removal of subsection (4) will not result in any weakening of the general legal validity of information in the register, which will still be evidence, but not conclusive evidence, of ownership. I beg to move.

Moved, That this House do agree with the Commons in the said amendment.—(Lord Brabazon of Tara.)

On Question, Motion agreed to.

COMMONS AMENDMENTS

21 Clause 29, page 22, line 4, leave out 'subsection (5)' and insert 'subsections (5) and (5A)'.

22 Clause 29, page 22, line 5, at end insert—

'(lA) Where, at the time when a ship is not fit to go to sea as mentioned in subsection (1), any responsibilities of the owner with respect to the particular matters by reason of which the ship is not fit to go to sea have been assumed (whether wholly or in part) by any person or persons other than the owner, and have been so assumed by that person or (as the case may be) by each of those persons either—

1. (a) directly, under the terms of a charter-party or management agreement made with the owner, or
2. (b) indirectly, under the terms of a series of charter-parties or management agreements,

the reference to the owner in subsection (1) shall be construed as including a reference to that other person or (as the case may be) to each of those other persons.'

23 Clause 29, page 22, line 6, leave out 'Those matters' and insert 'The matters referred to in subsection (1)'.

24 Clause 29, page 22, line 17, leave out subsection (4).

25 Clause 29, page 22, line 28, at end insert—

'(5A) It shall also be a defence in proceedings for an offence under this section to prove—

1. (a) that, under the terms of one or more charter-parties or management agreements entered into by the defendant, the relevant responsibilities, namely—
   1. (i) where the defendant is the owner, his responsibilities with respect to the matters referred to in subsection (5)(a), or
   2. (ii) where the defendant is liable to proceedings under this section by virtue of subsection (1A), so much of those responsibilities as had been assumed by him as mentioned in that subsection,
   had at the time of the alleged offence been wholly assumed by some other person or persons party thereto; and
2. (b) that in all the circumstances of the case the defendant had taken such steps as it was reasonable for him to take, and exercised such diligence as it was reasonable for him to exercise, to secure the proper discharge of the relevant responsibilities during the period during which they had been assumed by some other person or persons as mentioned in paragraph (a);

and, in determining whether the defendant had done so, regard shall be had in particular to the matters mentioned in subsection (5B).

(5B) Those matters are—

1. (a) whether prior to the time of the alleged offence the defendant was, or in all the circumstances ought reasonably to have been, aware of any deficiency in the discharge of the relevant responsibilities; and
2. (b) the extent to which the defendant was or was not able, under the terms of any such charter-party or management agreement as is mentioned in subsection (5A)(a)—
   1. (i) to terminate it, or
   2. (ii) to intervene in the management of the ship,
   in the event of any such deficiency, and whether it was reasonable for the defendant to place himself in that position.'

26 Clause 29, page 22, line 36, after '(7)', 'In this section—

"management agreement", in relation to a ship, means any agreement (other than a charter-party or a contract of employment) under which the ship is managed, either wholly or in part, by a person other than the owner (whether on behalf of the owner or on behalf of some other person);

"relevant responsibilities" shall be construed in accordance with subsection (5A);

and'.

Lord Brabazon of Tara

My Lords, with the leave of the House, I beg to move that this House do agree with the Commons in their Amendments Nos. 21 to 26. I shall at the same time speak to Amendment No. 28.

Noble Lords will recall that there was discussion on Second Reading of the need to ensure that, where a ship is managed by a ship management company or is demise-chartered, the duties that fall on the ship's owner should fall instead—or in addition—on the manager or charterer. This point was made by the noble Viscount, Lord Simon, and was put to the Department by the GCBS. I subsequently brought forward in Committee an amendment to Clause 29 having this effect. The amendment improved the Bill, but did not go far enough, as I acknowledged on Report when replying to points made by my noble friend Lord Mottistone. I undertook then to bring forward further amendments to take account of demise-chartered ships. Again, that was a point about which the GCBS had expressed concern.

I also undertook, again in response to my noble friend, to bring forward an amendment to enable parties to a management agreement to cite that agreement in their defence. As I anticipated, time did not permit us to make this further adjustment before the Bill passed to another place. They were therefore made in Committee there, with the final piece of fine tuning (the inclusion of the word "reasonably" in the new subsection (5B)(a) in Amendment No. 25 on Report) to meet a concern expressed by the Equipment Leasing Association, some of whose members provide finance for the acquisition of ships but whose involvement often does not go beyond that.

I hope that noble Lords will agree that the clause is now in better shape as a result of our deliberations in this Chamber and of the changes made as a result in another place. I am grateful to all noble Lords who have contributed to their improvement. I beg to move.

Moved, That this House do agree with the Commons in the said amendments.—(Lord Brahazon of Tara.)

Lord Mottistone

My Lords, on behalf of the GCBS, I am most grateful to my noble friend for the extra care that was taken to include these amendments which he promised when the Bill left us.

On Question, Motion agreed to.

COMMONS AMENDMENT

27 Clause 29, page 22, line 36, leave out from 'sea' to end of line 37 and insert 'shall, in a case where the service for which a ship is intended consists of going on voyages or excursions that do not involve going to sea, be construed as a reference to going on such a voyage or excursion.'.

Lord Brabazon of Tara

My Lords, with the leave of the House, I beg to move that this House do agree with the Commons in their Amendment No. 27. At the same time I should like to speak to Amendments Nos. 107, 110 and 111.

The purpose of these amendments is to enable Clause 29 and other provisions of the Merchant Shipping Acts to deal correctly with ships that do not go to sea but which ply on inland or sheltered waters. The final two lines of Clause 29(9), as at present drafted lack precision when applied to subsections (1) and (5). Amendment No. 27 makes it clear that if a ship is habitually used only on voyages that do not go to sea, its fitness, or otherwise, and arrangements to make it fit, have to be judged accordingly. The other amendments are consequential. I beg to move.

Moved, That this House do agree with the Commons in the said amendment.—(Lord Brahazon of Tara.)

On Question, Motion agreed to.

COMMONS AMENDMENT

28 Clause 29, page 22, line 37, at end insert—

'(8) References in this section to responsibilities being assumed by a person under the terms of a charter-party or management agreement are references to their being so assumed by him whether or not he has entered into a further charter-party or management agreement providing for them to be assumed by some other person.'.

Lord Brabazon of Tara

My Lords, with the leave of the House, I beg to move that this House do agree with the Commons in their Amendment No. 28 which I spoke to with Amendments Nos. 21 to 26. I beg to move.

Moved, That this House do agree with the Commons in the said amendment.—(Lord Brahazon of Tara.)

On Question, Motion agreed to.

COMMONS AMENDMENT

29 Clause 30, page 23, line 1, leave out from beginning to second 'and' in line 7.

Lord Brabazon of Tara

My Lords, I beg to move that this House do agree with the Commons in their Amendment No. 29. I shall at the same time speak to Amendments Nos. 33, 59, 106, 124 and 126.

Noble Lords will note that Amendment No. 59 inserts a new clause.

These amendments tidy up the application of Clauses 29 to 32 to unregistered ships, particularly the application to ships which might be termed "unregistered UK ships" when outside UK ports or territorial waters. Their primary aim is to enable all four clauses to be applied to unregistered ships with a UK connection when outside UK waters, in the same way as UK-registered ships are so covered. I beg to move.

Moved, That this House do agree with the Commons in the said amendment.—(Lord Brabazon of Tara.)

On Question, Motion agreed to.

COMMONS AMENDMENTS

30 Clause 30, page 23, line 22, leave out from 'ship' to 'any' in line 24 and insert—

1. '(a) is chartered by demise, or
2. (b) is managed, either wholly or in part, by a person other than the owner under the terms of a management agreement within the meaning of section 29,'.

31 Clause 30, page 23, line 25, leave out 'to that person,' and insert—

1. '(i) to the charterer under the charter by demise, or
2. (ii) to any such manager as is referred to in paragraph (b), or
3. (iii) (if the ship is both chartered and managed as mentioned above) to both the charterer and any such manager,'.

32 Clause 30, page 23, line 27, leave out 'either the owner or that person' and insert 'the owner, the charterer or any such manager'.

Lord Brabazon of Tara

My Lords, with the leave of the House, I beg to move that this House do agree with the Commons in their Amendments Nos. 30 to 32.

I undertook on Third Reading that the Government would bring forward amendments to extend to any charterer or manager the duties that subsection (1) places on shipowners to take all reasonable steps to ensure the safe operation of the ship. That is the effect of these three amendments. Each person in the chain, from owner to manager, has to take the steps that it is reasonable for him to take, to ensure the ship is run safely. I beg to move.

Moved, That this House do agree with the Commons in the said amendments.—(Lord Brabazon of Tara.)

On Question, Motion agreed to.

COMMONS AMENDMENT

33 Clause 32, page 26, leave out lines 25 to 27.

Lord Brabazon of Tara

My Lords, with the leave of the House, I beg to move that this House do agree with the Commons in their Amendment No. 33, to which I spoke with Amendment No. 29. I beg to move.

Moved, That this House do agree with the Commons in the said amendment.—(Lord Brabazon of Tara.)

On Question, Motion agreed to.

COMMONS AMENDMENTS

34 Clause 35, page 30, line 27, leave out from 'condition' to 'his' in line 28 and insert 'subject to which the Secretary of State has given'.

35 Clause 35, page 30, line 35, after 'any', insert 'other'.

36 Clause 35, page 30, leave out lines 38 to 46 and insert— '(c) may, if the condition relates—

1. (i) to the provision of any lights, signals or other aids to navigation, or
2. (ii) to the stationing of guard ships in the vicinity of the works in question or to the taking of any other measures for the purpose of, or in connection with, controlling the movements of ships in the vicinity of those works,

be varied by the Secretary of State in the interests of the safety of navigation (whether or not the operation has been completed) in such manner as he thinks fit for the purposed of enhancing the effectiveness of any such aids or measures as are mentioned in sub-paragraph (i) or (ii) above; and

37 Clause 35, page 31, line 22, at end insert—

'(5A) After section 36 insert—

"Imposition by Secretary of State of safety requirements in cases of emergency.

36A.—(1) Where at any time after the Secretary of State has given his consent for an operation falling within section 34(1)(a) of this Act ("the relevant consent"), it appears to him— (a) that any danger to navigation has arisen by reason of—

1. (i) any substantial damage to any works to which that consent relates, or
2. (ii) any other substantial and unforeseen change in the state or position of any such works, and

(b) that it is urgently necessary to do so in the interests of the safety of navigation, he may, by notice served on the person to whom the consent was given, impose on that person such requirements as he thinks fit with respect to any of the matters referred to in subsection (2) below.

(2) Those matters are—

1. (a) the provision on, or in the vicinity of, the works in question of any lights, signals or other aids to navigation, and
2. (b) the stationing of guard ships in the vicinity of those works.

(3) Where the person on whom a notice is served under subsection (1) above fails to comply with any requirements of the notice within the period of 24 hours beginning with the time when it is served on him or as soon after the end of that period as is reasonably practicable, the Secretary of State may make such arrangements as he thinks fit for the purpose of securing that those requirements are implemented.

(4) Where under subsection (3) above the Secretary of State makes any such arrangements, he shall be entitled to recover the cost, as certified by him, of making those arrangements from such one or more of the following, namely—

1. (a) the person to whom the relevant consent was given, and
2. (b) any other person or persons who is or are, in accordance with section 34(4A)(b) of this Act, bound by any condition subject to which that consent was given,

as he thinks fit.

(5) Once the requirements of a notice under subsection (I) above have been complied with by the person on whom it was served or implemented in accordance with arrangements made by the Secretary of State under subsection (3) above, those requirements shall, subject to subsection (6) below, he treated for the purposes of this Part of this Act as conditions subject to which the relevant consent was given.

(6) Section 34(4A)(a) and (d) of this Act shall not apply to any such requirements; but if it appears to the Secretary of State (whether on the application of any person or otherwise) that the circumstances giving rise to the urgent necessity for the imposition of the requirements no longer exist, he shall revoke them by notice served on the person to whom the relevant consent was given.

(7) Where the Secretary of State has served a notice under subsection (1) above in respect of any particular circumstances, subsection (5) above shall not preclude him from serving a further notice under subsection (1) in respect of those circumstances.

(8) A notice may be served by the Secretary of State under subsection (1) above whether or not—

1. (a) the operation in question has been completed, or
2. (b) any condition was imposed by him, on giving the relevant consent, with respect to any of the matters referred to in subsection (2) above." '.

Lord Brabazon of Tara

My Lords, with the leave of the House, I beg to move that this House do agree with the Commons in their Amendments Nos. 34 to 37. These are amendments to Clause 35 of the Bill, which amends the Coast Protection Act 1949.

Amendment No. 36 was brought forward by the Government on Report in another place, in fulfilment of an undertaking given in Committee by my honourable friend the Minister of State. It closes off what had been seen as a possibility of abuse in the application of the new subsection (4A)(c) to be inserted by this clause after Section 34(4) of the 1949 Act.

Amendment No. 37 follows from Amendment No. 36 in that when considering the points raised with regard to the variation of original conditions imposed on a consent under the 1949 Act, we realised there was a need to allow for measures to be taken in an emergency. We were thinking, for example, of when an oil rig sustained damage affecting its marking or causing its capsize, or when a span of a bridge became unsafe.

Amendments Nos. 34 and 35 simply make minor drafting improvements to the text of Clause 35(4). They have no effect of substance. I beg to move.

Moved, That this House do agree with the Commons in the said amendments.—(Lord Brahazon of Tara.)

On Question, Motion agreed to.

COMMONS AMENDMENT

38 Clause 36, page 34, line 33, leave out from beginning to end of line 39 and insert—

1. '(a) before the operation to which the licence relates has been begun, with written particulars of the operation and with a plan showing where it is to be carried out, and
2. (b) once the operation has been carried out, with a notification of the fact, and with such plans and additional information relating to the completed operation as he may require for the purpose of determining whether, and if so what, changes should be made to any chart or other publication produced under his superintendence.'.

Lord Brabazon of Tara

My Lords, I beg to move that this House do agree with the Commons in their Amendment No. 38.

The amendment tightens up the requirement for information about a proposed operation to be provided to the Hydrographer of the Navy, where a harbour authority has granted a licence to carry out such an operation in its area, in exercise of its powers to license operations of the kind described in Section 34(1) paragraphs (a) to (c) of the Coast Protection Act 1949. I beg to move.

Moved, That this House do agree with the Commons in the said amendment.—(Lord Brahazon of Tara.)

On Question, Motion agreed to.

COMMONS AMENDMENTS

39 After Clause 37, insert the following new clause

Power to prohibit provision of coastal shipping services which are not British-based.

'(1) The Secretary of State may by order provide for the provision of shipping services to which this section applies to be prohibited except where such services are provided from one or more permanent places of business maintained in the British Islands.

(2) This section applies to the following shipping services—

1. (a) The carriage of goods or passengers by sea—
1. (i) between ports in the United Kingdom, or
2. (ii) between a port in the United Kingdom and an offshore installation in United Kingdom waters, or
3. (iii) between offshore installations in United Kingdom waters;
2. (b) the carriage of passengers by sea on voyages or excursions beginning and ending at the same port in the United Kingdom, other than voyages or excursions which involve calling at any port or ports outside the British islands (whether passengers disembark there or not); and
3. (c) shipping services (other than the carriage of goods or passenger by sea) which are—
1. (i) provided by means of ships operating out of ports in the United Kingdom (whether so provided within United Kingdom waters or not); and
338
2. (ii) provided within United Kingdom waters by means of ships operating out of ports outside the United Kingdom.

(3) An order under this section may make provision—

1. (a) with respect to the circumstances in which shipping services are to be regarded for the purposes of the order as being provided from one or more permanent places of business maintained in the British Islands;
2. (b) authorising the Secretary of State to issue licences sanctioning the provision of shipping services to which this section applies, notwithstanding that they are not provided as mentioned in paragraph (a) above, in cases where he is satisfied that there is no-one willing and able to provide the services in question as mentioned in that paragraph;
3. (c) requiring the payment, in connection with applications for such licences, of fees determined with the approval of the Treasury;
4. (d) exempting any prescribed class or description of shipping services from any prohibition imposed by virtue of subsection (1);
5. (e) authorising the Secretary of State, or a person appointed by him for the purpose, to serve notices requiring the production or furnishing of documents or information appearing to the Secretary of State or any such person to be necessary to enable him to determine such matters as may be prescribed;
6. (f) with respect to the manner of service of notices in pursuance of paragraph (e).

(4) An order under this section may—

1. (a) make different provision for different circumstances;
2. (b) make such transitional, incidental or supplementary provision as appears to the Secretary of State to be necessary or expedient.

(5) The provisions of an order under this section shall not discriminate between shipping services provided by different persons on the basis of the place of registration of the ships by means of which the services are provided.

(6) Section 728 of the 1894 Act (appointment of inspectors) shall have effect in relation to—

1. (a) any order under this section, or
2. (b) any licence issued by virtue of subsection (3)(b) above,

as it has effect in relation to any such regulations or licence as is mentioned in paragraph (h) of that section; but section 27 of the Merchant Shipping Act 1979 (powers of inspectors) shall have effect in relation to any inspector appointed by virtue of this subsection with the omission of paragraphs (f) to (h) of subsection (1) of that section.

(7) The power to make an order under this section shall be exercisable by statutory instrument, but no such order shall be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.

(8) In this section—

• "offshore installation" has the same meaning as in the Mineral Workings (Offshore Installations) Act 1971;
• "prescribed" means prescribed by an order under this section;
• "shipping services" means—
  1. (a) the carriage of goods or passengers by sea,
  2. (b) services provided by offshore support vessels, and
  3. (c) such other services provided by means of ships as the Secretary of State may specify in an order under this section;
• "United Kingdom waters" means waters within the seaward limits of the territorial sea of the United Kingdom and waters in any area designated under section 1(7) of the Continental Shelf Act 1964.'.

40 Insert the following new Clause—

Enforcement of section (Power to prohibit provision of coastal shipping services which are not British-based).

'(1) Where—

1. (a) any ship is used in the course of the provision of any shipping services to which section (Power to prohibit provision of coastal shipping services which are not British-based) applies, or
339
2. (b) anything is done on board a ship with a view to its being used to provide any such services,

and the provision of those services is prohibited by virtue of subsection (1) of that section and is not sanctioned by any licence issued by virtue of subsection (3)(b) of that section, then (subject to subsections (6) and (7)), the master and the owner of the ship shall each be guilty of an offence.

(2) Where the ship—

1. (a) is chartered by demise, or
2. (b) is managed, either wholly or in part, by a person other than the owner under the terms of a management agreement,

the reference in subsection (1) to the owner of the ship shall be construed as including a reference—

1. (i) to the charterer under the charter by demise, or
2. (ii) to any such manager as is referred to in paragraph (b) above, or
3. (iii) (if the ship is both chartered and managed as mentioned above) to both the charterer and any such manager.

(3) Any person who—

1. (a) in connection with an application for such a licence as is mentioned in subsection (3)(b) of section (Power to prohibit provision of coastal shipping services which are not British-based), or
2. (b) in purported compliance with the requirements of any notice served on him by virtue of subsection (3)(e) of that section,

knowingly or recklessly furnishes information which is false in a material particular shall be guilty of an offence.

(4) Any person who—

1. (a) without reasonable excuse (the proof of which lies on him) fails to comply with the requirements of any such notice, or
2. (b) intentionally alters, suppresses, conceals or destroys a document which he has been required to produce in pursuance of subsection (3)(e) of that section,

shall be guilty of an offence.

(5) Any person guilty of an offence under this section shall be liable—

1. (a) on summary conviction, to a fine not exceeding £50,000;
2. (b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both.

(6) It shall be a defence in proceedings brought under subsection (1) against the master of a ship to prove—

1. (a) that the master did not know and had no reason to suspect that, in the circumstances of the case, the provision of the shipping services referred to in paragraph (a) or (as the case may be) paragraph (b) of that subsection was prohibited by virtue of subsection (1) of section (Power to prohibit provision of coastal shipping services which are not British-based), or
2. (b) that the master had reasonable grounds for believing that the provision of those services was sanctioned by a licence issued by virtue of subsection (3)(b) of that section.

(7) It shall be a defence in proceedings brought under subsection (1) against a person other than the master of a ship to prove that, under the terms of one or more charter-parties or management agreements entered into by the defendant, the right to determine the purpose for which the ship in question was being used at the time of the alleged offence was wholly vested in some other person or persons party thereto (whether or not any such other person or persons had entered into a further charter-party or management agreement providing for the right to be vested in some other person).

(8) Subsections (1), (3) and (4) apply to offences falling within those subsections wherever committed.

(9) Proceedings for an offence under this section may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.

(10) Proceedings for an offence under this section shall not be instituted—

1. (a) in England and Wales except by or with the consent of the Attorney General or the Secretary of State; or
340
2. (b) in Northern Ireland, except by or with the consent of the Attorney General for Northern Ireland or the Secretary of State.

(11) Any document required or authorised, by virtue of any statutory provision, to be served for the purpose of the institution of, or otherwise in connection with, proceedings for an offence under subsection (1) shall, where it is to be served on a person who was, at the time of the alleged offence—

1. (a) the owner of the ship in question, or
2. (b) such a charterer by demise or manager of that ship as is mentioned in subsection (2),

be treated as duly served on that person if—

1. (i) sent to him by post at his last-known address (whether of his residence or of a place where he carries on business), or
2. (ii) left for him at that address,

or if the document is served on the master of the ship in question.

(12) In this section "management agreement" has the same meaning as in section 29.'.

Lord Brabazon of Tara

My Lords, with the leave of the House, I beg to move that this House do agree with the Commons in their Amendments Nos. 39 and 40.

We turn here to a rather more interesting couple of amendments. Noble Lords may recall that during our debate on the Bill on Second Reading I said, in reply to remarks by the noble Lords, Lord Underhill and Lord Carmichael, that we were examining closely the complex question of reservation of cabotage. I said then that closure of our coasts was our last resort, and that it was far from being the ideal solution.

Not surprisingly perhaps, the question of cabotage was raised again when the Bill was considered in another place, and in Committee there provisions protective of UK interests, but falling short of closure of our coasts, were tabled by my honourable friends the Member for Eastleigh and the Member for the Isle of Wight. My honourable friend the Minister of State expressed sympathy with the objectives of these provisions, and acknowledged that if negotiations on the liberalisation of cabotage did not succeed, then the Government would need to seek another way forward. He subsequently brought forward the two new clauses now before us.

We are continuing to pursue vigorously, in current negotiations under the German presidency, the liberalisation of cabotage throughout the European Community. But there is no doubt that we face an uphill task, against determined opposition, and if the negotiations in Brussels do not bring early success, the enabling powers contained in these new clauses—which would allow us to introduce a test of establishment for operators wishing to carry out cabotage in UK coastal waters—give the option of an alternative course of action.

The test of establishment would apply equally to British and foreign-flagged vessels, and would mean that while non-British companies would still be allowed to compete in our cabotage trades, they would all have to be established in the British islands—that is, the UK, the Isle of Man and the Channel Islands.

If the power is invoked, operators wishing to do UK cabotage will have to ensure that they are providing shipping services from a permanent place of business in the British islands, and not merely from an agency or trading as a "Brass plate company"; But the clause enables my right honourable friend to issue waivers where he is satisfied that there are no established companies willing and able to provide a specified service.

An order to implement the power would be subject to affirmative resolution. Before making such an order there would be consultation with interested parties. If the negotiations in the EC succeed the power would be revoked.

In 1986—the last year for which information is available—British flagged shipping had over 70 per cent. of the total UK cabotage market by estimated value. The total value of the UK cabotage market was estimated at very approximately £440 million. We would far rather open up other coastal traffic to British ships than introduce restrictions of any kind on our own coasts. But if the Community negotiations are protracted with no early prospects of success, we need to be able and ready to, as it were, level the present unevenness of the playing field.

The second new clause provides for enforcement. Under this clause the owner, master and charterer or other manager will be guilty of an offence where cabotage is provided in contravention of an order. Offenders will be liable to a fine of up to £50,000 on summary conviction, and on indictment to imprisonment for up to two years and/or a fine. These are of course maximum penalties. It will be for the courts to decide in the normal way the precise penalties in any particular case.

We recognise that the master of the ship may have believed in good faith that the shipping company he was working for was established or had been given a waiver for the cargo in question. We have therefore provided that if the master can prove either of these circumstances it will be considered a defence for the purpose of proceedings. Similarly, we have introduced a defence for charterers who can prove that at the time of the offence the ship was in fact chartered wholly by another person. I beg to move.

Moved, That this House do agree with the Commons in the said amendments.—(Lord Brabazon of Tara.)

5.30 p.m.

Lord Underhill

My Lords, as the Minister said, this matter was raised during the Second Reading debate. At that time I stressed again and again that we had pressed for action. We welcomed, incidentally, Clause 36, which I believe is now Clause 37. This concerned readiness to take action against unfair competition from other countries. During the Second Reading debate I and other noble Lords on both sides of the House emphasised that EC partners were in effect breaching Community laws on shipping, particularly on the question of cabotage and coastal shipping, and that our trading competitors were giving an unfair advantage to their shipping. While we welcomed the new clause, we stressed that action should be taken on cabotage.

I am glad that the Minister has referred to the figures, which were given by the Secretary of State in a Written Answer on 30th March. He mentioned that the total market of the United Kingdom coastal trade was some £440 million. A figure was also given by one of my honourable friends in another place that the total cabotage market in the European Community is no less than £1,450 million. So there is a great deal of possible shipping business off the coasts of other countries. I believe that with the exception of Britain only three European Community states allow foreign ships into their coastal trade. Therefore the two new clauses are of vital importance.

What will cause the Secretary of State to activate the two clauses? They are enabling clauses and require certain things to be done before they can be activated. Can he say more about the nature of the discussions in the Council of Transport Ministers, particularly if, with the exception of Britain, only three other countries allow foreign ships into their coastal trade. What will be the whole effect of cabotage when the open market comes into effect in 1992? In general, we welcome the new clauses.

Lord Mottistone

My Lords, the General Council of British Shipping welcomes the new clauses. But the council and I hope very much that they will not have to be implemented. We see them especially as improving the bargaining position of the United Kingdom Government within the EC. However, if they have to be implemented, at least they will redress the unfair balance that reigns at the moment.

Lord Harris of Greenwich

My Lords, I very much agree with the noble Lord, Lord Mottistone. I was about to make exactly the same point. I assume that the Secretary of State will make a commencement order under these clauses only if the negotiations in Brussels fail. I assume that that is the position.

Lord Brabazon of Tara

My Lords, I am grateful for the welcome given to these two clauses by the noble Lord, Lord Underhill, and other noble Lords. As I said in my opening remarks, we very much hope that progress will be made under the German presidency. Informal meetings have already taken place and we have been promised that a half-day's discussion at the June Transport Council will be given over to this subject. If, however, we fail to achieve anything under the German presidency and no progress is made, that would be the occasion for giving careful consideration to bringing the new clauses into effect. I hope that we shall achieve something.

As the noble Lord, Lord Underhill, pointed out, the potential market in the EC is of considerable value. I believe strongly that our shipping companies will be well able to take advantage of that market. Come 1992, we must assume that that market will be open to us. That is certainly our wish. Indeed our wish would be for it to be open before that time. That is how we intend to use these powers should it be necessary.

On Question, Motion agreed to.

COMMONS AMENDMENTS

41 Clause 39, page 38, line 30, leave out from beginning to end of line 8 on page 39.

42 Page 39, line 12, leave out 'of a capital nature'.

43 Page 39, line 24, leave out from beginning to 'the' in line 26.

44 Page 39, line 36, after '(1)' insert 'The Secretary of State with the consent of.

45 Page 39, line 37, leave out 'they think' and insert 'he thinks'.

46 Page 39, line 40, leave out 'the Secretary of State under section 662(2)' and insert 'a general lighthouse authority under section 662A'.

47 Page 39, line 43, leave out 'Treasury' and insert 'Secretary of State'.

48 Page 39, line 46, leave out 'Treasury' and insert 'Secretary of State'.

49 Page 40, line I, leave out 'Treasury' and insert 'Secretary of State'.

50 Page 40, line 2, leave out from 'be' to end of line 3 and insert 'paid out of money provided by Parliament.'.

51 Page 40, line 6, leave out 'Treasury' and insert 'Secretary of State'.

52 Page 40, line 7, leave out 'Treasury may from time to time direct' and insert 'Secretary of State may determine with the consent of the Treasury'.

53 Page 40, line 8, leave out 'Treasury may so direct' and insert 'Secretary of State may so determine'.

54 Page 40, line 12, leave out 'Treasury may so direct' and insert 'Secretary of State may so determine'.

55 Page 40, line 12, at end insert—

'(4A) The Secretary of State, with the consent of the Treasury, may vary or revoke any determination made by him under subsection (4) of this section.'

56 Page 40, line 13, leave out 'Treasury under subsection (4) of this section' and insert 'Secretary of State under that subsection'.

57 Page 40, line 16, leave out subsection (2) and insert—

'(2) In consequence of subsection (1) above, section 663 of the 1894 Act (power of Public Works Loan Commissioners to advance money on security of mortgage effected under section 662 of that Act as originally enacted) shall cease to have effect.'.

Lord Brabazon of Tara

My Lords, with the leave of the House, I beg to move that this House do agree with the Commons in their Amendments Nos. 41 to 57 en bloc. At the same time I should like to speak to Commons Amendments Nos. 117, 119 and 122. These amendments arise from technical difficulties with Clause 39 which, regrettably, were not identified until after the Bill had been published. The changes are of form rather than of substance and are designed to put the borrowing powers of the general lighthouse authorities on a similar basis to other public corporations and generally to ensure that the provisions more closely reflect present-day government accounting rules. I beg to move.

Moved, That this House do agree with the Commons in the said amendments.—(Lord Brabazon of Tara.)

Lord Underhill

My Lords, I do not know whether I am in order in raising this point on these amendments. We have said on a number of occasions that Britain is the only European country to have such charges for lights and navigational aids. There has been pressure, in particular from the ports and now the Ports Federation, that this should be made a national charge and should not be charged on ships coming to our ports. We are the only European country to have such charges. In considering all these amendments, I wonder whether the Government have given any further thought to transferring these charges to the national charge.

Lord Brabazon of Tara

My Lords, I am afraid that the noble Lord, Lord Underhill, will not be surprised when I give him the same answer that I have given in the House on a number of occasions when the issue of light dues has been raised. We are not the only European country to charge light dues. The Republic of Ireland does, and I have an idea that Sweden does as well. However, we have over the years considered the notion of transferring these costs to the taxpayer but we have rejected that notion. We believe that within the limits of what is practicable the user should pay. I should also point out that about 90 per cent. of dues are paid by foreign registered ships and the principal beneficiaries of such a change would be the owners of those ships.

On Question, Motion agreed to.

COMMONS AMENDMENT

58 Before Clause 44, insert the following new clause:

'Application of Merchant Shipping Acts to ships chartered by demise to the Crown.

(1) This section applies to a ship if for the time being—

1. (a) the ship is—
   1. (i) registered in the United Kingdom, and
   2. (ii) in the service of a government department ("the relevant department") by reason of a charter by demise to the Crown; and
2. (b) there is in force under section 80 of the Merchant Shipping Act 1906 (Government ships) an Order in Council providing for the registration of Government ships in the service of the relevant department.

(2) Where this section applies to any ship, the following statutory provisions, namely—

1. (a) the provisions of the Order in Council referred to in subsection (1)(b) (excluding those relating to registration under the Order), and
2. (b) the provisions of the Merchant Shipping Acts (as they apply by virtue of the Merchant Shipping Act 1906 and that Order in Council),

shall (subject to subsections (3) and (4)) have the same effect in relation to that ship as they have in relation to a Government ship in the service of the relevant department (whether referred to as such or as such a ship registered in pursuance of that Order in Council).

(3) Subject to subsection (4), the registration enactments shall have effect in relation to a ship to which this section applies in like manner as if it were not, for the purposes of the Merchant Shipping Acts, a ship belonging to Her Majesty.

(4) Her Majesty may by Order in Council provide that any statutory provision falling within subsection (2) or (3) and specified in the Order—

1. (a) shall not have effect in accordance with that subsection in relation to a ship to which this section applies, or
2. (b) shall so have effect in relation to such a ship, but subject to such modifications as are specified in the Order.

(5) In the application of any provision of the Merchant Shipping Acts (other than a provision of the registration enactments) in relation to a ship to which this section applies, any reference to the owner of the ship shall be construed as a reference to the relevant department.

(6) An Order in Council under this section—

1. (a) may make such transitional, incidental or supplementary provision as appears to Her Majesty to be necessary or expedient; and
2. (b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7) In this section—

• "government department" includes a Northern Ireland department;
• "Government ship" means a Government ship within the meaning of section 80 of the Merchant Shipping Act 1906;
• "the registration enactments" means—
  1. (a) the provisions of Part 1 of the 1894 Act down to and including section 67 of that Act;
  345
  2. (b) section 5 of the Merchant Shipping Act 1983; and
  3. (c) Parts I and II of this Act.'.

Lord Brabazon of Tara

My Lords, I beg to move that this House do agree with the Commons in their Amendment No. 58. The purpose of this new clause is to clarify the position in law of British registered ships which are under charter to the Crown and in the service of government departments. I beg to move.

Moved, That this House do agree with the Commons in the said amendment.—(Lord Brabazon of Tara.)

On Question, Motion agreed to.

COMMONS AMENDMENTS

59 After Clause 45, insert the following new clause—

Application to unregistered ships

'(1) The Secretary of State may make regulations specifying any description of unregistered ships and directing that such of the provisions of sections 29, 30 and 32 as may be specified in the regulations—

1. (a) shall extend to unregistered ships of that description, or
2. (b) shall so extend in such circumstances as may be so specified,

with such modifications (if any) as may be so specified.

(2) Subsection (1) shall not be construed as prejudicing the application to unregistered ships of section 29(1)(a) or section 32(2)(a)(iii).

(3) In this section "unregistered ship" means a ship which is not registered in the United Kingdom or elsewhere.'.

60 Clause 49, page 45, line 17, after '49' insert—

'(1A) Any notice required or authorised to be served by the Secretary of State under Part I or II may be served by post.'.

61 Clause 49, page 45, line 21, leave out from 'which' to end of line 26 and insert 'a managing owner is for the time being registered under section 59(1) of the 1894 Act.'.

62 Clause 49, page 45, line 29, leave out from 'owners' to end of line 31.

63 Clause 49, page 45, line 31, at end insert—

'( ) For the purposes of section 7 of the Interpretation Act 1978 (service of document by post) a letter containing—

1. (a) a notice to be served on any person in pursuance of subsection (1) above, or
2. (b) a notice required or authorised to be served under Part I on a representative person within the meaning of that Part,

shall be deemed to be properly addressed if it is addressed to that person at the address for the time being recorded in relation to him in the appropriate register; and a letter containing any other notice to which subsection (1A) above applies shall be deemed to be properly addressed if it is addressed to the last known address of the person to be served (whether of his residence or of a place where he carries on business).'.

64 Clause 49, page 45, line 32, at end insert—

"'the appropriate register"—

1. (a) in relation to a notice in respect of a registered ship, means the register in which the ship is registered under Part I of the 1894 Act, and
2. (b) in relation to a notice in respect of a registered fishing vessel, means the register kept under Part II of this Act;'.

Lord Brabazon of Tara

My Lords, with the leave of the House, I beg to move that this House do agree with the Commons in their Amendments Nos. 59 to 64 which I have already spoken to. I beg to move.

Moved, That this House do agree with the Commons in the said amendments. —(Lord Brabazon of Tara.)

On Question, Motion agreed to.

COMMONS AMENDMENTS

65 Clause 51, page 46, line 9, leave out 'exceptions, adaptations and'.

66 Clause 52, page 46, line 32, at end insert—

"'modifications" includes additions, omissions and alterations;'.

Lord Brabazon of Tara

My Lords, I beg to move that this House do agree with the Commons in their Amendments Nos. 65 and 66.

The purpose of Amendment No. 66 is to adopt a common definition of the word "modifications" throughout the Bill. It has the effect of making certain words in Clause 51 unnecessary, and hence their deletion by Amendment No. 65. The definition is in fact identical to that contained in Section 50 of the 1979 Merchant Shipping Act. I beg to move.

Moved, That this House do agree with the Commons in the said amendments.—(Lord Brabazon of Tara.)

On Question, Motion agreed to.

COMMONS AMENDMENT

67 Clause 52, page 46, line 38, at end insert—

'(2A) In the application of this Act to Scotland any reference to a defendant shall be construed as a reference to a defender.'.

Lord Brabazon of Tara

My Lords, with the leave of the House, I beg to move that this House do agree with the Commons in their Amendment No. 67. This is a straightforward technical amendment. I beg to move.

Moved, That this House do agree with the Commons in the said Amendment.—(Lord Brabazon of Tara.)

On Question, Motion agreed to.

COMMONS AMENDMENT

68 Clause 53, page 47, line 18, leave out subsection (5) and insert—

'(5) With the exception of—

• sections 35 and 36,
• section 42, and
• section 52(3) and (4) and Schedules 6 and 7 so far as they amend or repeal any enactment which does not extend to Northern Ireland,

this Act extends to Northern Ireland.'.

Lord Brabazon of Tara

My Lords, with the leave of the House, I beg to move that this House do agree with the Commons in their Amendment No. 68. This is a technical amendment to make it clear that certain of the Bill's provisions do not apply in Northern Ireland. I beg to move.

Moved, That this House do agree with the Commons in the said amendment.—(Lord Brabazon of Tara.)

On Question, Motion agreed to.

COMMONS AMENDMENT

69 Clause 53, page 47, line 19, leave out subsection (6).

Lord Brabazon of Tara

My Lords, with the leave of the House, I beg to move that this House do agree with the Commons in their Amendment No. 69. I beg to move.

Moved, That this House do agree with the Commons in the said amendment.—(Lord Brahazon of Tara.)

On Question, Motion agreed to.

COMMONS AMENDMENT

70 Schedule 1, page 48, line 24, at end insert—

'(aa) in paragraph (iv), for the words from "of which" onwards substitute "the legal title to which is vested in him or (as the case may be) the corporation, whether alone or jointly with any other person or persons:";'.

Lord Brabazon of Tara

My Lords, with the leave of the House, I beg to move that this House do agree with the Commons in their Amendment No. 70.

This amendment establishes that a person's declaration as to ownership of shares in a ship must precede the determination of his entitlement to be registered as owner. It removes a circularity in Section 9(IV) of the 1894 Act. I beg to move.

Moved, That this House do agree with the Commons in the said Amendment.—(Lord Brabazon of Tara.)

On Question, Motion agreed to.

COMMONS AMENDMENTS

71 Schedule 1, page 48, line 30, at end insert—

"'(vi) In the case of a ship which is for the time being registered under the law of any country outside the United Kingdom, a declaration that, if the ship is still so registered at the time when it becomes registered under this Part of this Act, he will take all reasonable steps to secure the termination of the ship's registration under the law of that country.'.

72 Schedule 1, page 49, leave out lines 36 to 40 and insert—

1. '(i) for the words from "ceasing" to "every owner" substitute "in the event of such a ship—
   1. (a) ceasing to be entitled to be registered (whether because a majority interest in the ship is no longer owned by persons qualified to be owners of British ships or for any other reason), or
   2. (b) becoming registered otherwise than under this Part of this Act in the United Kingdom,
   every registered owner", and
2. (ii) for the words from "book and" onwards substitute "and the registry of the ship shall terminate forthwith.";'.

Lord Brabazon of Tara

My Lords, with the leave of the House, I beg to move that this House do agree with the Commons in their Amendments Nos. 71 and 72.

These are two further amendments consequent upon the new clause concerning the termination of foreign registration to which I spoke on Amendment No. 3. I beg to move.

Moved, That this House do agree with the Commons in the said amendments.—(Lord Brahazon of Tara.)

On Question, Motion agreed to.

COMMONS AMENDMENTS

73 Schedule 1, page 50, line 10, leave out 'in the manner provided by subsection (1) of this section'.

74 Schedule 1, page 50, line 17, leave out 'and in any such case' and insert—

'(5) Where the registry of a ship terminates by reason of—

1. (a) any notice given in pursuance of subsection (4) of this section, or
2. (b) any direction given by the Secretary of State under section 7(5) of the Merchant Shipping Act 1988 (power to direct removal from register in certain cases),".

75 Schedule 1, page 50, line 19, after 'notice', insert 'or direction'.

76 Schedule 1, page 50, line 20, at end insert—

'(6) Where the registry of a ship terminates—

1. (a) under subsection (1) or (4) of this section, or
2. (b) as mentioned in subsection (5)(b) of this section,

the termination of its registry shall not affect any entry made in the register so far as relating to any undischarged registered mortgage, or any existing certificate of mortgage, of that ship or of any share in it.

(7) Subsection (6) of this section shall not apply to an entry in the register in a case where—

1. (a) the mortgage in question becomes registered under Part 11 of the Merchant Shipping Act 1988, or
2. (b) the registrar is satisfied that every person appearing on the register to be interested as a mortgagee under the mortgage in question has consented to the entry ceasing to have effect.".'.

Lord Brabazon of Tara

My Lords, with the leave of the House, I beg to move that this House do agree with the Commons in their Amendments Nos. 73 to 76 en bloc. I should also like to speak at the same time to Amendments Nos. 103, 115 and 120. These are technical amendments to the provisions of Section 21 of the 1894 Act concerning the preservation of mortgage entries in the shipping register and the surrender of certificates of registry where the registration of a ship has been terminated. I beg to move.

Moved, That this House do agree with the Commons in the said amendments.—(Lord Brahazon of Tara.)

On Question, Motion agreed to.

COMMONS AMENDMENTS

77 Schedule I. page 50, line 22, after 'If, insert 'a ship becomes entitled to be registered,'.

78 Schedule 1, page 50, line 23, leave out from 'Islands,' to 'then' in line 24.

Lord Brabazon of Tara

My Lords, with the leave of the House, I beg to move that this House do agree with the Commons in their Amendments Nos. 77 and 78.

These amendments clarify that to be eligible for provisional registry the essential condition is that the ship should be entitled to be registered in accordance with Clause 4 of the Bill. I beg to move.

Moved, That this House do agree with the Commons in the said amendments.—(Lord Brabazon of Tara.)

On Question, Motion agreed to.

COMMONS AMENDMENTS

79 Schedule 1, page 53, line 41, at end insert—

'(3A) The registrar of the former port of registry shall, on being notified by the registrar of the new port of registry of the grant of the new certificate of registry, terminate the registration of the ship in his register.'.

80 Schedule 1, page 54, line 18, at end insert '(subject to subsection (4) of this section)—'.

81 Schedule 1, page 54, line 21, leave out '(subject to subsection (4))'.

81 Schedule 1, page 54, line 26, at end insert—

'(3A) The registrar of the new port of registry shall notify the registrar of the former port of registry of the grant of the new certificate of registry.'.

Lord Brabazon of Tara

My Lords, with the leave of the House, I beg to move that this House do agree with the Commons in their Amendments Nos. 79 to 82 en bloc which I spoke to with Amendment No. 3. I beg to move.

Moved, That this House do agree with the Commons in the said amendments.—(Lord Brabazon of Tara.)

On Question, Motion agreed to.

COMMONS AMENDMENT

83 Schedule 1, page 57, line 25, leave out 'in'.

Lord Brabazon of Tara

My Lords, with the leave of the House, I beg to move that this House do agree with the Commons in their Amendment No. 83. This is a drafting amendment. I beg to move.

Moved, That this House do agree with the Commons in the said amendment.—(Lord Brabazon of Tara.)

On Question, Motion agreed to.

COMMONS AMENDMENT

84 Schedule I. page 57, line 30, leave out '(4)'.

Lord Brabazon of Tara

My Lords, with the leave of the House, I beg to move that this House do agree with the Commons in their Amendment No. 84. At the same time I should like to speak to Amendments Nos. 116, 121 and 125.

This amendment removes the requirement in Section 85 of the 1894 Act to levy dues on space occupied by deck cargo carried by ships engaged in foreign-going trade. It is prompted by a study of the structure of light dues currently being undertaken by a working party of officials and representatives of the general lighthouse authorities. Their report, expected soon, is expected to include a recommendation that light dues on deck cargo be abolished. This would require primary legislation, and so this amendment allows effect to be given to the repeal of Section 85, if my right honourable friend decides to accept this recommendation. Amendments 116, 121 and 125 are consequential. I beg to move.

Moved, That this House do agree with the Commons in the said amendment.—(Lord Brahazon of Tara.)

On Question, Motion agreed to.

COMMONS AMENDMENT

85 Schedule 2, page 58, line 29, leave out 'registered in pursuance of paragraph (c)'.

Lord Brabazon of Tara

My Lords, with the leave of the House, I beg to move that this House do agree with the Commons in their Amendment No. 85. This amendment will enable regulations to provide for the expiry and renewal of the registration of all fishing vessels after a prescribed period. I beg to move.

Moved, That this House do Commons in the said amendment. (Lord Brabazon of Tara.)

On Question, Motion agreed to.

COMMONS AMENDMENT

86 Schedule 2, page 59, line 42, leave out 'which has ceased to have effect: and insert ', whether in force or not;'.

Lord Brabazon of Tara

My Lords, with the leave of the House, I beg to move that this House do agree with the Commons in their Amendment No. 86. This amendment corrects a deficiency in the Bill as drafted by providing that offences of misusing certificates of registration embrace misuse not only of expired certificates but also of valid ones. I beg to move.

Moved, That this House do agree with the Commons in the said amendment.—(Lord Brahazon of Tara.)

On Question, Motion agreed to.

COMMONS AMENDMENT

87 Schedule 2, page 60, line 29, at end insert—

'Construction of references in other enactments to fishing vessels excluded from registration

8. References in any statutory provision (apart from section 2(1) (ab)) to fishing vessels excluded from registration by regulations under section 12 shall be construed as references to fishing vessels which, being eligible to be registered under this Part by virtue of section 13, arc excluded from registration by such regulations (and are not registered under the law of any country outside the United Kingdom).'.

Lord Brabazon of Tara

My Lords, with the leave of the House, I beg to move that this House do agree with the Commons in their Amendment No. 87.

I spoke to this amendment with Amendment No. 1. I beg to move.

Moved, That this House do agree with the Commons in the said amendment.—(Lord Brahazon of Tara.)

On Question, Motion agreed to.

COMMONS AMENDMENTS

88 Schedule 3, page 61, line 34, leave out 'mortgage' and insert 'interest or, if the mortgage has by then been executed in accordance with paragraph 2(2) and produced to the Secretary of State, subject to that mortgage'.

89 Page 62, line 2, leave out from 'effect' to the end of line 5 and insert—

1. '(a) if the notification is withdrawn, or
2. (b) at the end of the period of 30 days beginning with the date of the notification, unless the notification is renewed in accordance with sub-paragraph (5).

(5) The person by whom any such notification is given may renew or further renew the notification, on each occasion for a period of 30 days, by notice in writing given to the Secretary of State—

1. (a) before the end of the period mentioned in subparagraph (4)(b), or
2. (b) before the end of the current period of renewal, as the case may be.

(6) Any notification or notice purporting to be given under this paragraph (and anything done as a result of it) shall not have any effect if the Secretary of State determines that it was not validly given.'.

Lord Brabazon of Tara

My Lords, with the leave of the House, I beg to move that this House do agree with the Commons in their Amendments Nos. 88 and 89.

The first of these amendments is technical and ensures that where notice of an intended mortgage on a vessel is given and the vessel is subsequently registered without that mortgage being recorded, the mortgagee's notice of intended mortgage shall be recorded. That will preserve his right to priority. The second provides for the notification to lapse after 30 days, unless renewed: under the Bill as originally drafted, notification of an intended mortgage would last indefinitely unless withdrawn. I beg to move.

Moved, That this House do agree with the Commons in the said amendments.—(Lord Brabazon of Tara.)

On Question, Motion agreed to.

COMMONS AMENDMENT

90 Schedule 3, page 62, line 8, leave out 'when the mortgage money has become' and insert 'if the mortgage money or any part of it is'.

Lord Brabazon of Tara

My Lords, with the leave of the House, I beg to move that this House do agree with the Commons in their Amendment No. 90. This is a straightforward amendment to Schedule 3 to make it clearer that a mortgagee's power of sale over a registered fishing vessel also applies where a mortgage is repaid in instalments. I beg to move.

Moved, That this House do agree with the Commons in the said amendment.—(Lord Brabazon of Tara.)

On Question, Motion agreed to.

COMMONS AMENDMENT

91 Schedule 3, page 62, line 34, at end insert—

'Transfer of mortgages from one system of registration to another

9.—(1) Regulations may provide—

1. (a) for the transfer to the register of undischarged mortgages that have been registered under Part I of the 1894 Act and affect ships registered under that Part of that Act which become registered vessels otherwise than in pursuance of paragraph 4 of Schedule 2 to this Act; and
2. (b) for any provisions of this Part to have effect in relation to any such mortgages, or in relation to any mortgages transferred in pursuance of paragraph 4 of that Schedule, subject to such modifications as may be specified in the regulations.

(2) Regulations may also provide—

1. (a) for the transfer to registers kept under Part I of the 1894 Act of undischarged registered mortgages affecting registered vessels which become ships registered under that Part of that Act; and
2. (b) for any provisions of that Part of that Act to have effect in relation to any such mortgages subject to such modifications as may be specified in the regulations.

(3) Without prejudice to the generality of sub-paragraphs (1) and (2)—

1. (a) regulations made by virtue of sub-paragraph (1) may make provision, in connection with the transfer of mortgages in pursuance of that sub-paragraph, for the transmission of information relating to such mortgages which is recorded in registers kept under Part I of the 1894 Act, and for the recording of such information in the register kept under this Part; and
2. (b) regulations made by virtue of sub-paragraph (2) may make corresponding provision, in connection with the transfer of mortgages in pursuance of that sub-paragraph, for the transmission and recording of information relating to such mortgages which is recorded in the register kept under this Part.

(4) In this paragraph "regulations" means regulations made under section I2.'.

Lord Brabazon of Tara

My Lords, with the leave of the House, I beg to move that this House do agree with the Commons in their Amendment No. 91. The purpose of this amendment is to enable regulations to provide a facility for transferring registered mortgages between the merchant ship register under Part I of the 1894 Act and the new fishing boat register under Part II of this Bill. I beg to move.

Moved, That this House do agree with the Commons in the said amendment.—(Lord Brabazon of Tara).

On Question, Motion agreed to.

COMMONS AMENDMENT

92 Schedule 5, page 73, line 22, at end insert—

'Merchant Shipping Law Amendment Act 1853 (c. 131).

Omit section 13 (power to commute pensions and grant superannuation allowances).'.

Lord Brabazon of Tara

My Lords, with the leave of the House, I beg to move that this House do agree with the Commons in their Amendment No. 92, with which I should like to speak to Amendments Nos. 94 to 102, 112, 114 and 118.

This is the first of a group of technical amendments to clarify the interpretation of remaining references to the former mercantile marine fund. They are wholly consequential upon technical provisions contained in the Bill amending Sections 676 and 677 of the 1894 Act and Section 1 of the 1898 Act. I beg to move.

Moved, That this House do agree with the Commons in the said amendment.—(Lord Brabazon of Tara.)

On Question, Motion agreed to.

COMMONS AMENDMENT

93 Page 73, line 49, at end insert—

'2A. At the end of section 546 (salvage of cargo or wreck) add—

"(2) In this section "tidal water" means—

1. (a) any waters within the ebb and flow of the tide at ordinary spring tides; or
2. (b) the waters of any dock which is directly, or (by means of one or more other docks) indirectly, connected with any such waters.";

and the existing provisions of section 546 shall accordingly constitute subsection (1) of that section'.

Lord Brabazon of Tara

My Lords, I beg to move that this House do agree with the Commons in their Amendment No. 93. Section 546 of the 1894 Act provides that when assistance is given to a vessel in distress near UK coasts or in tidal water within UK territorial seas a salvage award is payable to those who render that assistance. A recent judgment of this House in the Goring case has drawn attention to the fact that under the 1894 Act tidal harbours do not count as tidal water and has raised doubts about the legal basis of salvage awards for services rendered within enclosed docks.

The problem relating to tidal waters has its origin in the drafting of the 1894 Act, which combined in Part IX two separate pieces of legislation and inadvertently altered the law by applying the definition of tidal water from one piece of legislation to the salvage provisions of the other. The 1894 Act was intended to consolidate existing legislation under which salvage applied to all tidal waters, including tidal harbours and so, by convention should not have altered the law.

The amendment does not seek to alter the decision in the Goring case, which concerned salvage in a non-tidal river. It makes clear that salvage is payable for assistance given in tidal harbours and enclosed docks. The practice in the industry has been to assume that the salvage laws apply in docks and harbours, and the amendment, which has the support of the GCBS and the British Ports Federation, will ensure that that continues.

Moved, That this House do agree with the Commons in the said amendment.—(Lord Brabazon of Tara.)

On Question, Motion agreed to.

COMMONS AMENDMENTS

94 Page 74, line 18, leave out '(1)';

95 Page 74, line 19, after '(a)', insert 'in subsection (1)—

(i)'.

96 Page 74. line 20, leave out 'by virtue of and insert 'in accordance with'.

97 Page 74, line 22, leave out 'and (b)' and insert '(ii)'.

98 Page 74. line 23, at end insert ', and

(iii) for paragraph (1) substitute—

"(1) any other sums which are by virtue of any enactment (as it has effect in accordance with subsection (1A) of this section) required to be paid into the Consolidated Fund in accordance with this section."; and

(b) after subsection (1) insert—

"(1A) References (however phrased) in any enactment not contained in this section to the payment of sums into, or to the carrying of sums to the account of, the Mercantile Marine Fund shall be construed as references to the payment of sums into, or to the carrying of sums to the account of, the Consolidated Fund in accordance with this section, and connected phrases shall be construed accordingly.".'.

99 Page 74, line 27, leave out 'by virtue of and insert 'in accordance with'.

100 Page 74. line 29, leave out 'and'.

101 Page 74, line 30, at end insert—

'(c) for paragraph (o) substitute—

"(o) any other amounts which are by virtue of any enactment (as it has effect in accordance with subsection (2) of this section) payable out of money provided by Parliament in accordance with this section."; and

(d) at the end add—

"(2) References (however phrased) in any enactment not contained in this section or in Part XI of this Act to the charging of amounts on, or to the payment of amounts out of, the Mercantile Marine Fund shall be construed as references to the payment of amounts out of money provided by Parliament in accordance with this section, and connected phrases shall be construed accordingly.';

and accordingly the existing provisions of section 677, as amended by sub-paragraphs (a) to (c) above, shall constitute subsection (1) of that section.'.

102 Page 74, line 30, at end insert—

'9A. In section 731 (exemption from rates) —

1. (a) for "Mercantile Marine Fund" substitute "General Lighthouse Fund"; and
2. (b) omit "or by the Board of Trade" and "or of the Board of Trade".'.

103 Page 74. line 47, at end insert—

'MERCHANT SHIPPING ACT 1906 (c. 48)

Omit section 52 (provisions with respect to mortgages of ships sold to foreigners).',

Lord Brabazon of Tara

My Lords, I beg to move that this House do agree with the Commons in their Amendments Nos. 94 to 103. These are technical amendments to which I have already spoken.

Moved, That this House do agree with the Commons in the said amendments. —(Lord Brabazon of Tara.)

On Question, Motion agreed to.

COMMONS AMENDMENT

104 Page 75, leave out lines 2 and 3.

Lord Brabazon of Tara

My Lords, I beg to move that this House do agree with the Commons in their Amendment No. 104, and I should like to speak to Amendment No. 123 at the same time. The deletion from the Bill of the repeal of Section 10 of the 1970 Act under which a nominated government officer may decide disputes between a seaman and his employer over the amount of wages due was moved by the noble Lord, Lord Underhill, during our consideration of the Bill in Committee. The Government could not then agree that that section should remain on the statute book. But in the light of further entreaties by the Opposition in Committee in another place we are now content that, although seldom invoked and perhaps in truth no longer serving a very useful purpose, Section 10 should after all be retained.

Amendment No. 123 simply deletes the reference to Section 10 from the Bill's schedule of repeals.

Moved, That this House do agree with the Commons in the said amendment.—(Lord Brabazon of Tara.)

On Question, Motion agreed to.

COMMONS AMENDMENT

105 Page 75, line 30, leave out from beginning to end of line 7 on page 76 and insert—

'Inspection and admissibility in evidence of copies of certain documents.

75A.—(1) Where under any enactment a document is open to public inspection when in the custody of the Registrar General of Shipping and Seamen—

1. (a) there may be supplied for public inspection a copy or other reproduction of the document instead of the original; but
2. (b) the original shall nevertheless be made available for public inspection if the copy or other reproduction is illegible.

(2) Where the Registrar General of Shipping and Seamen destroys any document which has been sent to him under or by virtue of any enactment, and keeps a copy or other reproduction of that document, then—

1. (a) any enactment providing for that document to be admissible in evidence or open to public inspection, and
2. (b) in the case of a document falling within subsection (1), that subsection,

shall apply to the copy or other reproduction as if it were the original.

(3) For the purposes of this section, and of section 695(2) of the Merchant Shipping Act 1894 in its application to documents in the custody of the Registrar General of Shipping and Seamen, a copy is to be taken to be the copy of a document notwithstanding that it is taken from a copy or other reproduction of the original.'.

Lord Brabazon of Tara

My Lords, I beg to move that this House do agree with the Commons in their Amendment No. 105. The amendment is concerned with efficient administration.

Moved, That this House do agree with the Commons in the said amendment.—(Lord Brabazon of Tara.)

On Question, Motion agreed to.

COMMONS AMENDMENTS

106Page 76, line 8, at end insert—

'9. In section 92 (unregistered British ships) —

1. (a) omit "British"; and
2. (b) after "employed in them," insert "or shall so extend in such circumstances as may be so specified, in either case".'.

107Page 76, line 8, at end insert—

'10. In section 96 (non-sea-going ships)—

1. (a) in subsection (1)—
   1. (i) after "20," insert "27, 32 (in its application in relation to section 27),", and
   2. (ii) after "60," insert "76,"; and
2. (b) for subsection (2) substitute—

"(2) In relation to ships which are not sea-going ships—

1. (a) section 32 of this Act shall (in its application in relation to section 27) have effect as if the words "goes to sea in a ship" were omitted and the words "is on board a ship while it is on a voyage or excursion" were inserted after "to give it"; and
2. (b) section 45 of this Act shall have effect as if for the words "goes to sea or attempts to go to sea" there were substituted the words "goes on a voyage or excursion or attempts to do so" and the words "if in the United Kingdom" were omitted."'.

Lord Brabazon of Tara

My Lords, with the leave of the House, I beg to move that this House do agree with the Commons in their Amendments Nos. 106 and 107. I have already spoken to them.

Moved, That this House do agree with the Commons in the said amendments.—(Lord Brabazon of Tara.)

On Question, Motion agreed to.

COMMONS AMENDMENT

108Page 76, line 14, leave out 'under' to end of line 15 and insert—

1. '(a) section 23(6) or 28(1) of this Act, or
2. (b) any Order in Council made by virtue of section 20(1) of this Act, or
3. (c) any regulations made by virtue of section 20(4) or 21(1) of this Act,".'.

Lord Brabazon of Tara

My Lords, I beg to move that this House do agree with the Commons in their Amendment No. 108. During the Bill's Committee stage in this House, we amended what is now Clause 46 to extend the liability of officers of companies for offences under the Act to cover offences under any regulations made under the Act as well as under the Act itself. At the same time we made a similar change to the equivalent provision, Section 46 of the 1979 Act, to include offences committed under regulations made under Section 21 of that Act. The present technical amendment further extends that liability to cover offences committed under regulations made under Section 20 of the 1979 Act, which is concerned with the prevention of pollution from ships.

Moved, That this House do agree with the Commons in the said amendment. —(Lord Brabazon of Tara.)

On Question, Motion agreed to.

COMMONS AMENDMENT

109Page 76, line 15, at end insert—

'In section 49 (orders and regulations), as amended by section 11(3) of the Safety at Sea Act 1986—

1. (a) in subsection (4A), at the beginning insert "Except where subsection (4B) of this section applies,"; and
2. (b) after that subsection insert—

"(4B) Regulations falling within paragraphs (a) to (c) of subsection (4A) of this section, if contained in the same instrument as any regulations requiring to be approved in draft by virtue of that subsection, shall also require to be so approved.".'.

Lord Brabazon of Tara

My Lords, I beg to move that this House do agree with the Commons in their Amendment No. 109. This is a technical amendment to simplify the parliamentary procedure for safety regulations made under Section 21 of the 1979 Merchant Shipping Act, which is concerned with safety and health on ships.

Moved, That this House do agree with the Commons in the said amendment.—(Lord Brabazon of Tara.)

On Question, Motion agreed to.

COMMONS AMENDMENTS

110 Schedule 6, page 77, line 46, at end insert—

'and the reference in that subsection to proceeding to sea shall, in a case where the service for which the ship is intended consists of going on voyages or excursions that do not involve going to sea, be construed as a reference to going on such a voyage or excursion.";'.

111 Page 77, line 53, at end insert—

'3. In section 692 (enforcing detention of ship), at the end add—

"(5) Any reference in this section to proceeding to sea includes a reference to going on a voyage or excursion that does not involve going to sea, and references to sending or taking to sea shall be construed accordingly.".'.

112Page 78, line 15, at end insert—

'MERCHANT SHIPPING ACT 1965 (c. 47)

In section 1(4) (tonnage regulations), for the words from "section 83" to "the Exchequer" substitute "sections 83 and 676 of the principal Act as requires the payment of fees into the Consolidated Fund".'.

Lord Brabazon of Tara

My Lords, with the leave of the House, I beg to move that this House do agree with the Commons in their Amendments Nos. 110 to 112, to which I have already spoken.

Moved, That this House do agree with the Commons in the said amendment.—(Lord Brabazon of Tara.)

On Question, Motion agreed to.

COMMONS AMENDMENT

113 Page 80, line 22, at end insert—

'INSHORE FISHING (SCOTLAND) ACT 1984 (c. 26)

In section 9(1) (interpretation), in the definition of "British fishing boat", for the words from "exempted" to "that Act)" substitute "excluded from registration by regulations under section 12 of the Merchant Shipping Act 1988 or owned wholly by a person who is (within the meaning of Part I of the. Merchant Shipping Act 1894)".'.

Lord Brabazon of Tara

My Lords, I beg to move that this House do agree with the Commons in their Amendment No. 113. It is a minor amendment, consequential on the changes made by Part II of the Bill to ensure that the Inshore Fishing (Scotland) Act 1984 reflects the new definition of fishing vessels.

Moved, That this House do agree with the Commons in the said amendment.—(Lord Brabazon of Tara.)

On Question, Motion agreed to.

COMMONS AMENDMENTS

114 Schedule 7. page 81, line 3, at end insert—

'1853 c. 131.

Merchant Shipping Law Amendment Act 1853.

Section 13.'.

115 Page 81, column 3, leave out lines 19 to 21.

116 Page 82, line 31, column 3, leave out '(4)".

117 Page 82, line 40, column 3, at end insert—

'Section 663.'.

118 Page 82. line 45, column 3, at end insert—

'In section 731, the words "or by the Board of Trade" and "or of the Board of Trade".'.

119 Page 82, line 57, at end insert—

'1898 c. 44.

Merchant Shipping (Mercantile Marine Fund) Act 1898.

Section 2(4).'.

120 Page 83, column 3, leave out lines 5 to 9 and insert—

'Sections 51 and 52.'.

121 Page 83, line 12, at end insert—

'1965 c. 47.

Merchant Shipping Act 1965.

Section l(2)(c). In Schedule 1, the entry relating to section 85 of the 1894 Act.'.

122 Page 83, line 12, at end insert—

'1968 c. 13.

National Loans Act 1968.

In Schedule 4, in paragraph 2, the words from "Section 663" onwards.'.

123 Page 83, line 15, column 3, leave out 'Section 10.'.

124 Page 83, line 28, column 3, at end insert—

'In section 92, the word "British".'.

125 Page 83, line 52, column 3, at end insert—

'Section 31.'.

126 Page 83, column 3, leave out line 54 and insert—

'In section 37, subsection (4), and in subsection (6) the words "British".".

127Schedule 8, page 85, line 30, at end insert—

'3A. Section 4(5A) of this Act shall not have effect at any time before the commencement of Part II of this Act, and shall not affect the operation of section 12(3) of this Act in relation to fishing vessels which are registered under Part I of the 1894 Act immediately before the commencement of Part II of this Act.'.

Lord Brabazon of Tara

My Lords, with the leave of the House, I beg to move that this House do agree with the Commons in their Amendments Nos. 114 to 127. These are all amendments to the Bill's schedule of repeals consequent upon various changes made earlier in the Bill, to which I have already spoken.

Moved, That this House do agree with the Commons in the said amendments. —(Lord Brabazon of Tara.)

On Question, Motion agreed to.