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Issue of exemption certificates

20 (1) Where the Secretary of State exempts a ship under paragraph 19 of this Schedule, the Secretary of State shall issue the appropriate certificate to the owner of the ship.

(2) For the purposes of this paragraph the appropriate certificate—

(a) where the exemption is conferred under sub-paragraph (2) or sub-paragraph (4) of paragraph 19 of this Schedule, is an “International Load Line Exemption Certificate”, and

(b) where the certificate is conferred under sub-paragraph (3) of that paragraph, is a “United Kingdom load line exemption certificate”.

(3) Any certificate issued under this paragraph shall be in such form, and shall be issued in such manner, as may be prescribed by the load line rules.

Duration and termination of exemptions, and duration, endorsement and cancellation of exemption certificates

21 (1) The load line rules shall make provision for determining the period during which any exemption conferred under paragraph 19 of this Schedule, or any certificate issued under paragraph 20 of this Schedule, is to remain in force, including—

(a) provision enabling the period for which any exemption or certificate is originally conferred or issued to be extended within such limits and in such circumstances as may be prescribed by the rules, and

(b) provision for terminating any such exemption, and for cancelling any such certificate, in such circumstances as may be so prescribed.

(2) While any such certificate is in force in respect of a ship, there shall be endorsed on the certificate such information relating to—

(a) periodical inspections of the ship in accordance with the load line rules, and

(b) any extension of the period for which the certificate was issued,

as may be prescribed by the rules.

International Load Line Exemption Certificates

22 (1) The load line rules shall make such provision as appears to the Secretary of State to be appropriate for securing that exemption certificates which, in accordance with the Convention of 1966, are issued in respect of ships to which paragraph 12 of this Schedule applies, and are so issued by Governments other than Her Majesty’s Government in the United Kingdom, shall in such circumstances as may be prescribed by the rules have the like effect for the purposes of this Schedule as if they were valid Convention certificates.

(2) Certificates issued as mentioned in sub-paragraph (1) above shall be included among “International Load Line Exemption Certificates”.

Subdivision load lines and deck cargo Subdivision load lines

23 (1) Where in pursuance of safety regulations a United Kingdom passenger ship to which this Schedule applies is marked with subdivision load lines, and the lowest of those lines is lower than the line which, apart from this sub-paragraph, would be the appropriate load line for the purposes of paragraph 4 of this Schedule, the said paragraph 4 shall have effect as if that subdivision load line were the appropriate load line for the purposes of that paragraph.

(2) Where in pursuance of safety regulations a non-United Kingdom passenger ship to which this Schedule applies is marked with subdivision load lines, and the lowest of those load lines is lower than the line which, apart from this sub-paragraph, would be the appropriate load line for the purposes of paragraph 14 of this Schedule, that paragraph shall have effect as if that subdivision load line were the appropriate load line for the purposes of that paragraph.

Deck cargo

24 (1) The Secretary of State shall make regulations (in this paragraph referred to as “the deck cargo regulations”) prescribing requirements to be complied with where cargo is carried in any uncovered space on the deck of a ship to which this Schedule applies; and different requirements may be so prescribed in relation to different descriptions of ships, different descriptions of cargo, different voyages or classes of voyages, different seasons of the year or any other different circumstances.

(2) If the load line rules provide (either generally or in particular cases or classes of cases) for assigning special freeboards to ships which are to have effect only where a cargo of timber is so carried, then (without prejudice to the generality of sub-paragraph (1) above) the deck cargo regulations may prescribe special requirements to be complied with in circumstances where any such special freeboard has effect.

(3) In prescribing any such special requirements as are mentioned in sub-paragraph (2) above, the Secretary of State shall have regard in particular to the provisions of Chapter IV of the Convention of 1966.

(4) If any provisions of the deck cargo regulations are contravened—

(a) in the case of a United Kingdom ship, or

(b) in the case of any other ship while the ship is within any port in the United Kingdom,

the master of the ship shall (subject to sub-paragraph (5) below) be liable—

(i) on summary conviction, to a fine not exceeding the statutory maximum;

(ii) on conviction on indictment, to a fine.

(5) Where a person is charged with an offence under sub-paragraph (4) above, it shall be a defence to prove that the contravention was due solely to deviation or delay and that the deviation or delay was caused solely by stress of weather or other circumstances which neither the master nor the owner nor the charterer (if any) could have prevented or forestalled.

(6) For the purpose of securing compliance with the deck cargo regulations, any person authorised for the purpose by the Secretary of State may inspect any ship to which this Schedule applies which is carrying cargo in any uncovered space on its deck.

Miscellaneous provisions Notice to consular officer of proceedings against foreign ships

25 (1) Where any non-United Kingdom ship is detained under this Schedule, and where any proceedings are taken under this Schedule against the master or owner of any such ship, notice shall forthwith be served on the consular officer for the country to which the ship belongs at or nearest to the port where the ship is for the time being.

(2) A notice under this paragraph shall specify the grounds on which the ship has been detained or the proceedings have been taken.

Delivery up of certificates

26 (1) The Secretary of State may require any certificate which can be issued under this Schedule, which has expired or been cancelled, to be delivered up as he directs.

(2) If any owner or master of a ship fails without reasonable excuse to comply with such a requirement he shall be liable, on summary conviction, to a fine not exceeding level 2 on the standard scale.

Penalty for false statements etc.

27 (1) If any person intentionally makes, or assists in making, or procures to be made, a false or fraudulent certificate which can be issued under this Schedule he shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding six months or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine.

(2) In Scotland, if any person—

(a) forges, assists in forging or procures to be forged,

(b) fraudulently alters, assists in fraudulently altering or procures to be fraudulently altered,

any certificate which can be issued under this Schedule he shall be liable—

(i) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding six months or both; or

(ii) on conviction on indictment, to a fine or to imprisonment or to both.

Admissibility of certificates in evidence

28 Any certificate issued under this Schedule shall be admissible in evidence.

Convention countries

29 (1) Her Majesty, if satisfied—

(a) that the Government of a country has accepted or acceded to, or has denounced, the Convention of 1966, or

(b) that the Convention of 1966 extends, or has ceased to extend, to a particular territory,

may by Order in Council make a declaration to that effect.

(2) In this Schedule “Convention country” means a country or territory which is either—

(a) a country the Government of which has been declared under this paragraph to have accepted or acceded to the Convention of 1966, and has not been so declared to have denounced that Convention, or

(b) a territory to which it has been so declared that the Convention of 1966 extends, not being a territory to which it has been so declared that that Convention has ceased to extend,

and “Contracting Government” means any such Government as is referred to in (a) above.

Orders, rules and regulations

30 Any Order in Council, order, rules or regulations made under this Schedule may contain such transitional or other incidental and supplementary provisions as may appear to Her Majesty in Council, or (as the case may be) to the Secretary of State, to be appropriate.

Interpretation

31 (1) In this Schedule, except in so far as the context otherwise requires—

• “alteration” includes deterioration;

• “clearance” includes transire;

• “the Convention of 1966” means the International Convention on Load Lines which was signed in London on 5th April 1966;

• “Convention country” and “Contracting Government” have the meanings given to them by paragraph 29(2) of this Schedule;

• “non-United Kingdom ship” means a ship which is not registered in the United Kingdom;

• “post-1966 Convention ship” means a ship whose keel is laid, or which is at a similar stage of construction, on or after the material date; and “pre-1966 Convention ship” means a ship which is not a post-1966 Convention ship;

• “parent country”, in relation to a ship, means the country or territory in which the ship is registered, or, if the ship is not registered anywhere, means the country or territory whose flag the ship flies;

• “valid Convention certificate” has the meaning given to it by paragraph 12(5) of this Schedule.

(2) For the purposes of the definitions of pre-1966 and post-1966 Convention ship the material date—

(a) in relation to a ship whose parent country is a Convention country other than the United Kingdom, is the date as from which it is declared under paragraph 29 of this Schedule either that the Government of that country has accepted or acceded to the Convention of 1966 or that it is a territory to which that Convention extends, and

(b) in relation to any other ship, is 21st July 1968.

(3) In this Schedule, subject to sub-paragraph (4) below, “international voyage” means a voyage between—

(a) a port in the United Kingdom and a port outside the United Kingdom, or

(b) a port in a Convention country (other than the United Kingdom) and a port in any other country or territory (whether a Convention country or not) which is outside the United Kingdom.

(4) In determining, for the purposes of sub-paragraph (3) above, what are the ports between which a voyage is made, no account shall be taken of any deviation by a ship from its intended voyage which is due solely to stress of weather or any other circumstance which neither the master nor the owner nor the charterer (if any) of the ship could have prevented or forestalled; and for the purposes of that sub-paragraph any colony, protectorate or other dependency, and any territory for whose international relations a Government is separately responsible shall be taken to be a separate territory.

(5) Any reference in this Schedule to the gross tonnage of a ship shall be construed as a reference to the tonnage of the ship as ascertained in accordance with the tonnage regulations; and, where in accordance with those regulations alternative tonnages are assigned to a ship, the gross tonnage of the ship shall, for the purposes of this Schedule, be taken to be the larger of those tonnages.

(6) For the purposes of this Schedule the length of a ship shall be ascertained in accordance with regulations made by the Secretary of State under this Schedule.

(7) Any reference in this Schedule to any provision of the Convention of 1966 shall, in relation to any time after that provision has been amended in pursuance of Article 29 of that Convention, be construed as a reference to that provision as so amended.