Zambia
Merchant Shipping (Temporary Provisions) Act, 1969
Chapter 468
- Commenced on 13 May 1969
- [This is the version of this document at 31 December 1996.]
- [This legislation has been revised and consolidated by the Ministry of Legal Affairs of the Government of the Republic of Zambia. This version is up-to-date as at 31st December 1996.]
Part I – Preliminary
1. Short title
This Act may be cited as the Merchant Shipping (Temporary Provisions) Act.2. Interpretation
3. Application of Merchant Shipping Acts, 1894 to 1965
Part II – Registration
4. Application of Part I of Merchant Shipping Act, 1894
The application of Part I of the principal Act as part of the Code shall be read subject to the provisions of sections five to eleven of this Act.5. Zambian ship
A ship shall be deemed to be a Zambian ship if—6. Registration of Zambian ship
7. Registrar of Shipping
References to registration under the Code shall be read as references to registration under this Part, and the Registrar of Shipping, for the purposes of this Act, shall be such public officer as the Minister shall, by Gazette notice, designate as Registrar of Shipping.8. Restriction of powers of mortgagee
The power of sale conferred upon a mortgagee under the principal Act shall not be exercised without the leave of the High Court.9. Zambian flag
References in the Code to the British flag, and red ensign or any other flag permitted, shall be read and construed exclusively as references to the National Flag of Zambia or to any other flag authorised by the Minister, by statutory order, for use on any ship.10. Provisional registration of Zambian ship
11. Registration of mortgages executed overseas
12. Execution of instruments
Every instrument to be registered under this Part shall—Part III – Masters and seamen
13. Application of Part II of Merchant Shipping Act, 1894, etc.
The application of Part II of the principal Act and related Acts as part of the Code shall be read subject to the provisions of sections fourteen to eighteen of this Act.14. Certificates of competency
The Registrar of Shipping may, where he is satisfied, accept certificates of competency issued by any authority outside Zambia, and where so accepted a certificate of competency shall for all the purposes of this Act be recognised as valid in Zambia and be deemed to have been issued under this Act:Provided that nothing in this section shall prohibit the issue in Zambia of a certificate of competency in any proper case.15. Reference to certain Commissioners not to apply
References to the National Debt Commissioners shall have no application in Zambia.16. Seaman's book
17. Foreign medical reports on certain seamen
In the case of a foreign seaman, the Registrar of Shipping may accept a report from any foreign medical inspector appearing to him to be duly qualified where it relates to the fitness of that foreign seaman for duty at sea.18. Extended application of agreements with crew
References in sections 113 and 115 of the principal Act to agreements with the crew shall, where the case so requires, be deemed to refer to more than one agreement in respect of any one ship.Part IV – Safety of shipping
19. Application of Part V of Merchant Shipping Act, 1894, etc.
The application of Part V of the principal Act and related Acts as part of the Code shall be read subject to the provisions of sections twenty to twenty-five of this Act.20. Application of collision regulations and rules
Rules made under the provisions of section 418 of the principal Act and in force at the commencement of this Act shall be deemed to have been made by the Minister under this Part.21. Application of load line rules
Rules made under the provisions of section 42 of the Merchant Shipping (Safety and Load Line Conventions) Act, 1932, of the United Kingdom, and in force on the 9th May, 1967, shall be deemed to have been made by the Minister under this Part.22. Application of rules relating to construction, etc.
Rules made under the provisions of section 1, 2, 3, 5 or 6 of the Merchant Shipping (Safety Convention) Act, 1949, of the United Kingdom, and in force on the 9th June, 1964, shall be deemed to have been made by the Minister under this Part.23. Application of tonnage regulations and load line rules
Regulations made under section 1, and rules made pursuant to section 2, of the Merchant Shipping Act, 1965, of the United Kingdom, and in force on the 9th May, 1967, shall be deemed to have been made by the Minister under this Part.24. Adherence to international conventions
Whenever the Government of Zambia adheres to any international convention relating to merchant shipping, the Minister may do all things necessary to give effect thereto and for such purposes the Minister may, by statutory instrument, make rules and regulations.25. Power to issue certificates of compliance with Safety Conventions
Where a power is conferred to issue certificates under the Merchant Shipping (Safety Convention) Act, 1949, of the United Kingdom, the power may be exercised by the Minister or by any person authorised in that behalf by the Minister.Part V – Shipping inquiries and courts
26. Application of Part VI of Merchant Shipping Act, 1894
The application of Part VI of the principal Act as part of the Code shall be read subject to the provisions of sections twenty-seven and twenty-eight of this Act.27. Rules as to investigations and inquiries
The power conferred upon the Lord Chancellor by section 479 of the principal Act may be exercised by the Minister:Provided that until rules are made for Zambia under the provisions of this Act any rules made and in force on the commencement of this Act shall mutatis mutandis be deemed to have been made under this Act, and the provisions of subsection (3) of section 479 of the principal Act shall have no application to any rules so made and in force.28. Rules for procedure of court of survey, etc.
The power conferred upon the Lord Chancellor by section 489 of the principal Act may be exercised by the Chief Justice:Provided that until rules are made for Zambia under the provisions of this Act any rules made and in force on the commencement of this Act shall mutatis mutandis be deemed to have been made under this Act.29. Power for Minister to order an inquiry upon request
Where any government or competent authority so requests, the Minister may order an inquiry into any shipping casualty.Part VI – Liability of shipowners
30. Application of Part VIII of Merchant Shipping Act, 1894, etc.
Part VIII of the principal Act as part of the Code and related Acts shall be read without modification other than this Act.Part VII – Legal proceedings
31. Application of Part XIII of Merchant Shipping Act, 1894
The application of Part XIII of the principal Act as part of the Code shall be read without modification other than this Act.Part VIII – Miscellaneous
32. Application of Part XIV of Merchant Shipping Act, 1894, etc.
The application of Part XIV of the principal Act and related Acts as part of the Code shall be read without modification other than this Act.33. Power to appoint, etc., ship surveyors
The Minister may appoint and remove surveyors of ships for any of the purposes of this Act.34. Power for Minister to exempt persons or things
Where there is power to exempt any person or thing from all or any of the provisions of this Act or of the Code, as applied by this Act, the Minister may by writing under his hand exercise that power.35. Delegation of power
The Minister in his discretion may by writing under his hand delegate all or any of his powers under this Act or of the Code, as applied by this Act, to the Registrar of Shipping or any other person:Provided that nothing in this section shall apply to the power to make any statutory instrument for the purposes of the Code, as applied by this Act.36. Power exercisable by Order in Council may be exercised by order
37. Prescribed fees
Fees payable under any part of the Code applied by this Act shall, unless otherwise provided under this Act, be the fees payable under the Code and in force on the commencement of this Act.History of this document
31 December 1996 this version
Consolidation
13 May 1969
Commenced