MERCHANT SHIPPING ACT 2007

Published by Law Nigeria Admin at 24th April 2018

LAWS OF THE FEDERATION OF NIGERIA

MERCHANT SHIPPING ACT 2007

ARRANGEMENT OF SECTIONS
PART I : Administration of the Act
1. Administration of Act and delegation of powers.
2. Agency for Maritime Safety Administration.
3. Returns as to merchant shipping, etc., to the Minister.
4. Appointment of officers.
PART II: Restriction on Trading in Nigeria 5. Certificate of licence required by all ships trading in Nigeria.
National Character of Ships
5. [Repealed by Coastal and Inland Shipping (Cabotage) Act]
6. Need to show colours.
7. National character of ships to be declared before clearance.
8. Penalty for unduly assuming Nigerian character.
9. Penalty for concealment of Nigerian or assumption of foreign character.
10. Penalty for acquiring ownership if unqualified.
11. Liabilities of ships not recognised as Nigerian ships.
12. Penalty for carrying improper colour.
Name of Ship
13. Name of ship.
14. Change of nature of ship.
15. Minister to make rules regarding name of ship.

PART III: Registration and Licensing of Ships
Registries of Ships
16. `Registry of ships
17. Register or books
18. Qualification for owning Nigerian ships
19. Obligation to register ships

Procedure for Registraton
20. Minister to make regulations.
21. Application for Registration.
22. Survey and measurement of ship.
23. Marketing of ship.
24 .Declaration of ownership in registry.
25. Entry of particulars in register.
26. Entry of particulars in register.
27. Managing owner to be registered.
28. Cancellation of registration
29. Restriction on deregistration of ship.

Certificate of Registry
30. Issue and custody of certificate of registration
31 .Use of impoper certificate .
32. Power to grant new certificate.
33. Endorsement of change of master on certificate.
34. Endorsement of change of ownership on certificate of registry.
35. Endorsement of change of ownership on certificate registry.
36. Re- registration of abandoned ships
37. Provisional certificate for ship which in foreign country becomes Nigerian owned.
38. Temporary passes instead of certificate of registry.
39. (Absent in Official Gazzette)
40 Procedure for registration of alteration.
41. Provisional certificate where ship registered anew.
42. Procedure for registration anew.

Transfer of Registry
43. Transfer of registry within Nigeria.
44. Nigerian licensed ships.

Forfeiture of ships.
45. Proceedings on the forfeitures of ships.

Incapacitated persons.
46. Provisions for cases of infancy.

Trusts and Equitable Rights.
47. Notices of trust not acceptable.
48. Equities not excluded by Act and liabilities of owner.

Declaration, etc.
49. Power of Registrar to dispense with declarations and other evidence.
50. Mode of other declaration
51. Evidence of other foreign registers.
52. Forms of documents and instructions as to registry.
53. Forgery of documents and false declarations.

PART IV: Mortgages
54. Mortgage of ship or share in ship.
55. Obligation of mortgagor to disclose existing liabilities.
56. Entry of discharge of mortgage
57. Priority of mortgages.
58. Powers of mortgagee.
59. Transfer of mortgage.
60. Transmission of interest in mortgage by death, bankruptcy, etc.

Mortgages and Transfer of Nigerian Ships out of Nigeria
61. Authority to sell or mortgage out of Nigeria.
62. Rules as to certificates of mortgage.
63. Loss of certificate of sale or mortgage.
64. Revocation of certificate of sale or mortgage.

PARTV
Certificate of Sale
65. General rules for certificates of sales.
66. Procedure where ship sold under certificate of sale granted in Nigeria.

PART VI: Maritime Liens
67. Source of maritime liens.
68. Priority of maritime liens.
69. Order of priority of maritime liens.
70. Rights of ship builder and ship repairer.
71. Overriding nature of maritime lien.
72. No lien attaching to claims related to oil pollution or radio-active material.
73. Extinguishing period for maritime liens.
74. Interpretation of limitation period.
75. Effects of forced sale of ship.
76. Proceeds of sale.
77. Certificate of sale by court.

PART VII: Transfers and Transmissions
78. Transfer by bill of sale.
79. Registry of transfer.
80. Transmission of property in ship on death, bankruptcy, etc.
81. Order for sale on transmission to unqualified person.
82. Transfer on sale of ship by order of court.

PART VIII: Certificate of Competency of Masters and Crew
83. Regulations regarding manning and qualifications of persons serving on Nigerian ship.
84. Power to exempt ship.
85. Approval of foreign certificate.
86. Tribunal of Inquiry.
87. Tribunal may recommend cancellation, etc., of a certificate.
88. Cancellation of certificate by the Minister.
89. Appeals against cancellation, etc., of certificate.
90. Offences.

PART IX: Employment of Seamen
91. Seafarer Services Office, NMLA No. 46 of2003.
92. Functions of superintendent.

Agreement for Sea Service
93. Agreement with crew.
94. Form, period and conditions of agreement.
95. Provisions for termination.
96. Special provisions as to agreement with crew of a sea-going ship.
97. Special provisions as to agreement with crew of a ship other than a sea-going ship.
98. Fees upon engagement and discharge.
99. Changes in crew of sea-going ships to be reported.
100. Certificate as to agreement with crew of sea-going ship.
101. Certificate as to agreement with the crew of a ship other than a sea-going ship.
102. Copy of agreement not to be made accessible.
103. Forgery, etc., of agreement with crew.
104. Alterations of agreement with crew.
105. Seaman not to be bound to produce agreement.

Agreement with Local Seamen
106. Engagement of local seamen.
107. Engagement between masters of foreign ships and local seamen.
108. Penalty for breach.
109. Inspection of foreign ships in connection with engagement of local seamen.

Discharge of Seamen 110. Procedure on discharge of seamen, etc.
111. Report of seaman’s character.
112. Fake or forged certificate of report of character.

Special Provision as to Seamen Left Behind Abroad
113. Certificate of proper officer required where seaman left behind abroad.
114. Account of wages in case of seaman left behind on ground of unfitness, etc.
115. Payment of wages of seaman left behind on ground of unfitness, etc.
116. Application by appropriate officer of payments on account of seaman left behind in foreign country.
117. Repatriation of seaman on termination of service at foreign port.

Distressed Seamen
118. Rules as to relief and maintenance of distressed seamen.
119. Provisions for relief and maintenance of distressed or shipwrecked seaman.
120. Recovery of money advanced for distressed seaman.
121. Mode for providing for return.
122. Decision on questions as to return port.
123. Provisions as to taking distressed seaman on ship, etc.
124. Appropriate officer may require master of Nigerian ship to take seaman in distress.

Payment of Wages
125. Payment of wages before superintendent.
126. Master to deliver account of wages.
127. Deductions from wages.
128. Notice of disrating of seaman.
129. Time of payment of wages of sea-going ships.
130. Time of payment of wages for Nigerian ship other than a sea-going ship.
131. Settlement of wages.
132. Decision on wages by superintendent.
133. Power of superintendent to require production of ship’s papers.
134. Rule as to payment of seaman in currency other than that mentioned in the agreement.

Annual Leave with Pay for Seamen
135. Leave entitlement.
136. Pro-rata entitlement for periods less than one year.
137. Unavoidable absence to be counted as part of period of service.
138. Periods not to be counted as part of leave.
139. Leave pay in advance.
140. Payment in lieu of leave.
141. Divisibility of leave pay.
142. Place of taking of annual leave.
143. Agreement to relinquish right to leave null and void.
144. Cancellation of annual leave emergency.

Advance and Allotment of Wages
145. Advances restricted.
146. Allotment notes.
147. Allotment through savings banks.
148. Master to give facilities.
149. Right of suing on allotment notes.

Rights of Seamen in respect of Wages
150. Time for payment of an allotment note.
151. Right to wages, etc., when to begin.
152. Right to recover wages and salvage not to be forfeited.
153. Wages not to depend on freight.
154. Wages on termination of service by wreck.
155. Wages on termination of service by illness.
156. Wages not to accrue during refusal to work or imprisonment.
157. Forfeiture of wages, etc., of seaman when illness caused by his own default.
158. Court’s order on cost of punishment may be deducted from wages.
159. Compensation to seaman improperly discharged.
160. Restriction on sale of a charge upon wages.

Mode of Recovering Wages
161. Summary proceedings for wages.
162. Savings for cases of ships other than Nigerian ships.
163. Remedies of master for wages disbursements, etc.
164. Powers of court in case of unreasonable delay in paying master’s wages.

Powers of Court to Rescind Contracts
165. Power of court to rescind contract between owner or master and seaman or cadet.

Property of Deceased Seaman
166. Property of seaman who dies during voyage.
167. Dealing with and account of property of seaman who dies during voyage.
168. Penalty for non-compliance with provisions as to property of the deceased seaman.
169. Recovery of wages of seaman with owner of ship.
170. Property of seaman dying in Nigeria.
171. Payment over of property of deceased seaman by the superintendent.
172. Dealing with deceased seaman’s property when he leaves a will.
173. Claims by the children.
174. Dealing with unclaimed property of deceased seaman.
175. Forgery of documents, etc., for the purpose of obtaining property of deceased seaman.

PART X: Welfare of Seamen Provisions, Health and Accommodation
176. Definition.
177. Regulations relating to crew accommodation.
178. Complaints as to provisions of water.
179. Inspection of provisions and water.
180. Allowance of short or bad provisions.
181. Weights and measures on board.
182. Ship to carry medicines, etc., in accordance with scale.
183. Inspection of medicines, etc.
184. Expenses of medical attendance in case of injury or illness.
185. Recovery of expenses from owner.
186. Accommodation of seamen, etc.
187. Certain ships to carry medical practitioner.
188. Penalty on master for filthy condition of passenger carrying ship.
189. Medical inspection of seaman.

Prevention of Accident to Seaman
190. Accidents to be reported and investigated.
191. Superintendent to investigate serious accident.
192. Minister to make regulations.
193. Minister to promote training in accident prevention.

Facilities for making Complaints 194. Facilities for making complaints.

Provisions as to Discipline
195. Misconduct endangering life or ship.
196. Notice of absence from ship or duty given by seaman or cadet.
197. General offences against discipline.
198. Summary remedies not to affect other remedies.
199. Penalty for false statement as to last ship or name.
200. Deductions of fines from wages and payment to superintendent. 20 1. Penalty on stowaways.
202. Master’s powers of arrest.

PART XI: Registers
Official Log-books
203. Official log-books as evidence.
204. Entries required in official log-book.
205. Offences in respect of official log-books.
206. Delivery of official log-books to the superintendent.
207. Official log-books to be sent to Registrar of Ships on transfer or loss of ship.

Registration and Returns
208. Register of Seamen.
209. Return of births and deaths on Nigerian ships.
210. Transmission of documents to Minister.
211. Documents to be handed over to successor on change of master.

Miscellaneous
212. Minister may dispense with transaction before superintendent.
213. Deposit of documents at overseas port.
214. Conflict of laws.
215. Application to unregistered ships.

PART XII: Safety of Life at Sea
General Provisions
216. Application of some related maritime safety Conventions and Protocols.
217. Regulations.
218. Breach of safety regulations.

Survey of Ships
219. Surveyors of ships.
220. Ships to be surveyed annually.
221. Surveyor’s record of inspections and certificates.
222. Ships not to proceed to sea without certificate of survey.
223. Declaration of survey and partial surveys.
224. Owner may appeal if surveyor refuses declaration.
225. Surveyors to make returns.
226. Recognition of certificate of survey granted in other countries.

Certificates
227. Issue of certificates of survey
228. Issue of safety certificates to passengers ships, e.t.c
229. Issue to cargo ships of safety equipment and exemption certificates
230. Issue to cargo ships of radio certificates and exemption certificates
231. Issue of general safety certificates, etc., on partial compliance with rules
232. Transmission of certificates.
233. Modification of provisions for exemption of ships
234. Notice of alterations and additional surveys
235. Certificate to be posted on board
236. Prohibition on proceeding to sea without appropriate certificates.
237. Modification of Safety Convention certificates in respect of lifesaving appliances.
238. Duration of certificates.
239. Expired and cancelled certificates to be given up.
240. Extension of certificates.
241. Safety Convention certificates and admissibility in evidence.
242. Issue of certificates by one Government at request of another.
243. Forgery of certificates.

Safety Convention Ships of other Countries
244. Certificates of Convention ships of other countries.
245. Modified survey of passenger ships holding Convention certificates.
246. Modified survey of cargo ships holding Convention certificates.
247. Miscellaneous privileges of ships holding Convention certificates.
248. Further provisions as to the production of Convention certificates.
249. Interpretation of this Part.

PART XIII: Construction of Ships
250. Construction rules.
251. Ships built in Nigeria.

Lifesaving Appliances
252. Rules for lifesaving appliances.
253. Ships to be provided with lifesaving appliances.
254. Inspection of ships for purposes of rules.

Boat Drill and Fire Drill
255. Boat and fire drill.

Adjustment of Compasses 256. Ships to have compasses adjusted.
PART XIV: Radio Rules
257 Radio rules.

Radio Surveyors
258. Appointment of Radio Surveyors.

PART XV: Safety Provisions for Miscellaneous Vessels
259. Safety rules for miscellaneous vessels.
260. Exemption of certain ships from certain provision of this Part.
261. Survey of small fishing boats and other craft.
262. Fishing boats in certain circumstances deemed to be passenger or cargo ships.
263. Water and provisions for passengers.
264. Pilot ladders.
265. Countries to which Safety Convention applied.

PART XVI: Safety of Navigation
Prevention of Collisions
266. Collision rules.
267. Owners and masters to observe collision rules.
268. Inspection for enforcing collision rules.
269. Duties of master in case of collision.
270. Collision to be entered in official log-book.
271. Application of collision rules to foreign ships and aircraft.
272. General duty to render assistance.

Signal of Distress
273. Signals of distress.
274. Obligation to assist vessels in distress, etc.

Dangers to Navigation
275. Report of dangers to navigation.

Report of Accidents and Loss of Ship
276. Accidents to be reported to Minister.
277. Notice to be given of apprehended loss of ship.

Search for Missing Ships
278. Search for missing ships.
279. Search and rescue regulations.

PART XVII: Unseaworthy Ships
280. Penalty for sending unseaworthy ships to sea.
281. Implied obligation as to seaworthiness.
282. Power to detain unsafe Nigerian ships.
283. Liability for costs of detention and damages.
284. Security for costs may be required.
285. Detention of unsafe foreign ships.
286. Complaint of unseaworthiness, etc., by crew.
287. Liability for costs and compensation on survey pursuant to complaint by crew.

Overloading and Overcrowding in Ships exempt from Survey
288. Rules for preventing overloading and overcrowding.

PART XVIII: Load Lines
289. Interpretation of this Part.
290. Exceptions.
291. Countries to which Load Line Convention applies.
292. Load Line Regulations.
293 Certificates issued under the Load Line Convention.
294. International and local Load Line Certificates.
295. Certificates issued by other Governments.
296. Certificates issued at the request of other Governments.
297. Regulations as to the validity offoreign certificates.
298. Power to make exemption orders.
299. Further powers to exempt ships of novel design.
300. Extent of exemption.
301. Issue of exemption certificates.
302. Duration and extension of exemption.
303. Effect of Load Line Certificate.
304. Duration, renewal and cancellation of Load Line Certificate.
305. Ships not to proceed to sea without Load Line Certificate.
306. Deck Cargo Regulations.
307. Inspection of Nigerian load line ships.
308. Notice to be given of alterations affecting position of ship’s load lines.
309. Submersion of load lines.
310. Alteration or defacement ofload line marks.
311. Ships not to proceed to sea unless complying with Load Line Regulations.
312. Production of Load Line Certificates ofN igerian ships.
313. Production of Load Line Certificates of foreign ships.
314. Submersion ofload lines of foreign ships.
315. Posting up of Load Line Certificates and entry of load line details in ship’s log-book.
316. Inspection of ships regarding lines.
317. Contravention of Load Line Regulations and detention of ships.

PART XIX: Carriage of Bulk Cargoes
318. Bulk Cargo Regulations.
319. Precautions regarding grain cargoes. 320. Offences.
321. Safe containers.

PART XX: Dangerous Goods
322. Regulations on dangerous goods.
323. Carriage and marking of dangerous goods.
324. Offences.
325. Rejection and disposal of dangerous goods by ship.
326. Forfeiture of dangerous goods.

PART XXI:Tonnage Measurement
327. Survey.
328. Minister to make Tonnage Regulations.
329. Tonnage of foreign ships.
330. Foreign and other measurements.
331. Alteration between surveys.
332. Appointment of surveyors.
333. Marking of ships.

PART XXII: Passenger Ships
334. Power of the Minister to make regulations respecting passenger ships.
335. Offences in connection with passenger ships

PART XXIII: Prevention of Pollution from Ships
336. (1) Application of maritime Conventions for the Prevention of Pollution from Ships, etc.
337. Further provision for prevention of pollution from ships.

PART XXIV: Liability in Collision Cases
338. Interpretation of this Part.
339. Application of this Part.
340. Rules as to division of loss.
341. Damage for personal injury.
342. Right of contribution.
343. Limitation of actions.

Damages in Collision Cases
344. Application.
345. Measure of damage.
346. Burden of proof of loss or damage.
347. Total loss.
348. Damage to vessel.
349. Property on board.
350. Interest.
351. Currency for payment.

PART XXV: Limitation of Liability for Maritime Claims
352. Persons entitled to limit liability.
353. Claims subject to limitation.
354. Where rule in this Part not applicable.
355. Conduct barring limitation.
356. Counterclaim.

Limits of Liability
357 General limits.
358 Limit for passenger claims. 359 Units of Account.
360 Aggregation of claims.

PART XXVI
Wrecks
361. Interpretation of this Part.
362. Application.

Receiver of Wreck
363. Receiver and assistant receivers.
364. Determination of hazard.
365. Marking of wrecks.
366. Duty to remove hazardous wrecks.
367. Ship owner may contract removal.
368. Receiver to set deadlines, etc.

Fees of Receivers of Wreck
369. Receiver’s fee.

Vessels in Distress
370. Duty of Receiver where vessels in distress.
371. Powers of the Receiver in case of vessels in distress.
372. Power to pass over adjoining lands.
373. Power of Receiver to suppress plunder and disorder by force.
374. Examination in respect of ship in distress.

Dealing with Wreck
375. Rules to be observed by persons finding wreck.
376. Penalty for taking wreck at time of casualty.
377. Notice of wreck to be given by Receiver.
378. Claims of owner of wreck.
379. Immediate sale of wreck by Receiver in certain cases.

Unclaimed Wreck
380. Unclaimed wreck to be sold and proceeds paid into general revenue.
381. Delivery of unclaimed wreck by Receiver not prejudice title.

Removal of Wrecks
382. Removal of wrecks by Receiver.
383. Breaking and removal of wrecks.
384. Power of removal to extend to tackle, cargo, etc.
385. Interfering with wrecked vessel.
386. Summary procedure for concealment of wreck.

PART XXVII: Assistance to and Salvage of Vessels
387. Interpretation of this Part.
388. Duties of owner, etc., master and salvor.
389. Contracts, services and equitable agreements.
390. Conditions and amount of reward.
391. Duty to render assistance and salvor’s misconduct.
392. Criteria for fixing reward and salvor misconduct.
393. Special compensation for salvage operation.
394. Apportionment between salvors.
395. Salvage of human life.
396. Claims and actions.
397. Duty to provide security.
398. Interim payment.
399. Limitation of action.
400. Exclusion.
401. Power to make regulations.
402. Salvage of life, cargo or wreck within Nigeria.
403. Determination of salvage disputes.
404. Valuation, detention and sale by Receiver.
405. Apportionment by Receiver and court.

PART XXVIII: Legal Proceedings
Prosecution of Offences
406. Institution of prosecutions.

Imprisonment in lieu of Fine
407. General power of ordering imprisonment in default of payment of penalty.

Jurisdiction
408. Provision as to jurisdiction in case of offences.
409. Jurisdiction over ships lying off the coasts.
410. No jurisdiction for extra-territorial offences.
411. Power to apply Act to ships of other countries, and to exempt such ships.
412. Offences committed in foreign ports or on the high seas by officers and seamen of Nigerian ships.
413. Power of court or tribunal in trying offences.

Depositions
414. Depositions as evidence when witness cannot be produced.

Detention of Ship and Distress on Ship
415 Enforcing detention of ship.
416. Notice to be given to consular officer where proceedings taken in respect of foreign ships.
417. Cost of detaining ship.
418. Sums ordered to be paid leviable by distress on ship.

Evidence and Service of Documents
419. Proof of attestation not required.
420. Admissibility of documents in evidence.
421. Service of documents.

Protection of Officers, etc.
422. All officers, etc., deemed public officers.
423. Protection of public officers.

Transmission of Documents
424. Notices, etc., in writing and provision for posting.

Exemption of Certain Ships, etc.
425. Exemption of naval ships.
426. Minister may exempt vessel, etc.

PART XXIX: Investigations and Inquiries into Shipping Casualties
427. Power of Minister to appoint inspector, and powers of inspector.
428. Marine Boards.
429. Shipping casualties.
430. Grounds for cancellation of suspension of certificate. 43 1. Appeal to court.
432. Further powers of Marine Board.

Board of Survey
433. Board of Survey.

Scientific Referees 434. Reference in difficult cases to scientific persons.
PART XXX: Subsidiary Legislation
435. General power to make regulations.
436. General power of exemption.
437. Applicable Conventions, etc.
438. Penalty in subsidiary legislation.
439. Applied legislation.

PART XXXI: Repeals and Transition
Repeals, etc.
440. Repeal of Cap. 224 L.F.N. 1990.
441. Consequential amendments.
442. Contravention of International Conventions.

Transitional Provisions
443. The Schedules.
444. Regulations for resolving transitional difficulties.
445. Interpretation.
446. Short title.

MERCHANT SHIPPING ACT
An Act to provide for merchant shipping; and for related matters.

Commencement [28th Day of May, 2007)

ENACTED by the National Assembly of the Federal Republic of Nigeria.

PART I – Administration of the Act
1. Administration of Act and delegation of powers
(1) Subject to the provisions of this Act, the Minister shall have the general superintendence of the matters to which this Act relates.
(2) The Minister may, by writing under his hand, delegate any of the powers or duties of a routine nature conferred on him under this Act.

(3) Any power or duty lawfully exercised by an officer, office or organisation to whom it has been delegated under subsection (2) of this section, shall be deemed to have been exercised as fully as if the power or duty was exercised by the Minister himself.

(4) Nothing in this section shall be construed as allowing the delegation of any power to make regulations or any order for the purposes of this Act.

2. Agency for Maritime Safety Administration
(i) The Agency of Government established and responsible for Maritime Safety, Ad- ministration and Security shall be the implementing agency for this Act.
(ii) The Minister may, from time to time give to the Agency, such general directions, not inconsistent with the provisions of this Act or any regulations made under this Act on the policy to be pursued in the administration of Maritime Safety, as the Minister may consider necessary, and the Agency shall immediately take such steps as are necessary or expedient to give effect to the directions.

3. Returns as to merchant shipping, etc., to the Minister
All consular officers of Nigeria abroad, the Nigerian Ports Authority, officers of the Nigerian Customs Service and the superintendent of Seafarer Services Office shall make and send to the Minister such returns or reports on any matter relating to merchant shipping and seamen as the Minister may require.

4. Appointment of officers
There may be appointed for the purpose of giving effect to the provisions of this Act such persons, in addition to any officer who may be appointed under any other provision ofthis Act, as may from time to time be necessary.

[SECTION 5 IS REPEALED BY COASTAL AND INLAND SHIPPING (CABOTAGE) ACT)
PART II – Restriction on Trading in Nigeria
5. Certificate of licence required by all ships trading in Nigeria
(1) No ship shall operate commercially in or from the waters of Nigeria unless the ship is-
(a) a registered Nigerian ship;
(b) provided with a certificate of foreign registration or other document similar or equivalent to that required by this Act;
(c) registered by the law of a country other than Nigeria as a ship of that country and is by the law of that country exempted from registration;
(d) pursuant to subsection (2) of this section, exempted from registration under this Act; or
(e) a licensed Nigerian ship operating solely within the waters of Nigeria
(2) The Minister may by notice exempt generally or specifically from registration under this Act, a licensed Nigerian ship or a class of Nigerian ship when operating out- side the waters of Nigeria.
(3) Every register, certificate or licence authorised or required by this section may be proved certified under the hand of the Minister, the Registrar of Ships or any person duly authorised to deputise for the Registrar, or any other person who has charge of the original and is required to furnish to every person applying at a reasonable time for the same and paying such fee as shall be prescribed.
(4) Every document when proved as required under subsection (3) of this section shall, until the contrary is proved, be received as evidence of all matters recited, stated or appearing in it.
(5) Any owner, charterer, agent or master of a ship who contravenes the provisions of subsection (1) of this section commits an offence and on conviction is liable to a fine not less than five hundred thousand naira and the ship shall be liable to be detained by any officer of customs or other designated officer.

National Character of Ships
6. Need to show colours
(1) A Nigerian ship shall hoist the national colour-
(a) on a signal being made to the ship by any ship which forms part of the naval forces of Nigeria, or which is commanded by an officer of any such forces on full pay; and
(b) if the ship is of fifty tons gross tonnage or upwards, on entering or leaving any port in a foreign country.
(2) Where a ship fails to hoist its flag as provided under this section, the master of the ship commits an offence and on conviction is liable to a fine not less than one hundred thousand naira.

7. National character of ships to be declared before clearance
(1) A collector of customs shall not grant a clearance for any ship under this Act unless the master of the ship declares to the collector of customs the name of the country to which the ship belongs.
(2) A collector of customs shall upon the declaration made to him of the country to which the ship belongs inscribe the name of the country on the clearance.
(3) A ship that attempts to proceed to sea without clearance of a collector of customs may be detained by the collector of customs until the declaration is made by the master of the ship.

8. Penalty for unduly assuming Nigerian character
(1) A foreign ship shall be liable to forfeiture if a person uses the national colours and assumes the national character of Nigeria on board the foreign ship for the purpose of making that ship appear to be a Nigerian ship, unless the assumption made or the distinctive flag, ensign, pendant or marking was used, for the purpose of escaping capture by an enemy or by a ship of war in the exercise of a belligerent right.
(2) In any proceedings for enforcing forfeiture under subsection (1) of this section, the burden of proving a title to use any colours, flag, ensign, pendant or marking referred to in subsection (1) of this section and assuming any character referred to in that subsection, lies on the person using and assuming the same.

9. Penalty for concealment of Nigerian or assumption of foreign character
(1) If the master or owner ofa ship which is owned wholly by persons qualified to own a registered Nigerian ship does anything or permits anything to be done or carries or permits to be carried, any papers or documents, with intent to-
(a) conceal from any person who is under the law, entitled to inquire into the fact that the ship is a ship owned wholly by persons qualified to own a registered Nigerian ship; or
(b) assume a foreign character; or
(c) deceive any person so entitled to inquire into the ownership of the ship, the ship shall be liable to forfeiture under this Act.
(2) The master of a ship which is liable to forfeiture under subsection (1) of this sec- tion, if he commits or is privy to the commission of the offence, shall on conviction be liable to a fine not less than five hundred thousand naira or to imprisonment for a term not less than two years or both.

10. Penalty for acquiring ownership if unqualified
(1) If any person who is not qualified to own a registered Nigerian ship acquires as owner, any interest in a ship legal or beneficial, otherwise than by such transmission as is provided for in this Part of this Act-
(a) which is registered in Nigeria and owned wholly by persons qualified to own a registered Nigerian ship; and
(b) which uses the national colours and assumes the national character of Nigeria, that interest is liable to forfeiture.

(2) Nothing in this section shall be construed as prohibiting a Nigerian ship which is exempted from registration under this Part of this Act, from using on the coasts or inland waters of Nigeria, the national colours of Nigeria, or any other national colours which any ship is for the time being entitled to wear in accordance with any Act or rule of law.

11. Liabilities of ships not recognised as Nigerian ships
(1) Where a ship which is owned wholly by persons qualified to own a registered Nigerian ship is not recognised as a Nigerian ship under this Act, the ship shall not be entitled to-
(a) any benefits, privileges, advantages or protection that are usually enjoyed by Nigerian ships; or
(b) use the national colours or assume the national character of Nigeria.
(2) The payment of dues, the liability to fines and forfeiture and the punishment of offences committed on board the ship or by any person belonging to the ship, shall be dealt with in the same manner in all respects as if the ship was registered in Nigeria and recognised as a Nigerian ship.

12. Penalty for carrying improper colour
(1) If there are hoisted on board-
(a) any Nigerian ship any colours or pendant usually worn by ships of the naval forces of Nigeria or the distinctive national colours of any country except the national colours as the ship is, for the time being, allowed to wear in accordance with any written law or any other lawful authority; and

(b) a foreign ship any colours or pendant other than the proper national colours of the ship or any other pendant or colours which the ship is, under the law of the foreign country in which the ship is registered or belongs and is for the time being allowed to wear, the master of the ship or the owner, if he is on board or every other person hoisting the pendant or colours, commits an offence and is liable on conviction to a fine not less than two hundred thousand naira.
(2) Any commissioned officer on full pay in any of the armed forces of Nigeria or any collector of customs, or, in the case of any Nigerian ship, any authorised officer, may board any ship on which any pendant or colours are hoisted contrary to this section and seize and take away the pendant or colours, and any such pendant or colours shall be forfeited.

Name of Ship
13. Name of ship
(1) Every ship shall be registered by name in the register and accordingly, no two or more ships shall bear the same name.
(2) The Registrar may refuse to register a ship by a name proposed for registration if the name is already the name of a Nigerian ship or a name calculated to deceive or to offend the public interest.
(3) A Nigerian ship shall not be described by any name other than that by which the ship is for the time being registered.
(4) Where a foreign ship, not having at any previous time been registered in Nigeria, becomes the property of persons qualified to own a registered Nigerian ship, no person shall apply to register that ship at a port of registry in Nigeria except by the name which the ship bore as a foreign ship immediately before the ship became the property of per- sons qualified to own a registered Nigerian ship:
Provided that no registrar at any port of registry in Nigeria shall knowingly register the ship by any other name without the prior approval in writing of the Agency.

(5) A person who acts or permits any person under his control to act, in contravention of this section or omits to do or permits any person under his control to omit to do, anything required by this section, commits an offence and on conviction is liable to a fine not less than one hundred thousand naira; and, except in the case of an application being made under this section with respect to a ship which has not at any previous time been registered in Nigeria, the ship may be detained until this section is complied with.

14. Change of nature of ship
(1) If the approval of the Agency is required to enable a ship to be registered in Nige- ria in the name by which it is proposed to be registered or if the Agency’s approval is required to change the name of any ship registered in Nigeria an application shall be made to the Agency in writing.
(2) Subject to the provisions of this Part of this Act and any rules made or deemed to have been made pursuant to this Act, the Agency may, in its discretion, give approval to the registration of the ship by the name proposed or as the case may be, to the proposed change of the name by which the ship is registered.
(3) Upon giving an approval under subsection (2) of this section, the Agency may, and shall in any case where any rules made or deemed to have been made pursuant to section 15 so direct, require notice of the approval to be given in such form and manner as it thinks fit or as the rules require, before the name of the ship is marked on the ship or before the name of the ship is entered on the register, or, in the case of a change of name of a ship registered in Nigeria, before the name of the ship is altered in the register.
(4) The approval of the Agency under this section shall be in writing signed by the Minister or on his behalf by any person authorised by the Minister and if the approval is given under any rules made or deemed to have been made pursuant to this Part shall contain a statement of the conditions, if any, subject to which the approval is given.
(5) On the approval of the Agency under this section being obtained, and upon the giving of such notice, if any, as is required-
(a) if the approval relates to an application to register a ship in Nigeria, the Registrar to whom the application is made, upon delivery to him of the document signifying the Agency’s approval and on the other requisites to registration being duly complied with, shall register the ship by the name proposed in accordance with the provisions of this Part; or
(b) if the approval relates to an application to change the name of a ship registered in Nigeria, the Registrar at the ship’s port of registry, upon delivery to him of the ship’s certificate of registry and the document signifying the Agency’s approval, shall alter the name in the register book, and shall endorse and sign a memorandum of the alteration on the ship’s certificate of registry.
(6) When the name of a ship registered in Nigeria is changed under this section, the name of the ship upon its bows and stem shall immediately be altered correspondingly and if default is made in compliance with this subsection, the owner of the ship commits an offence and on conviction is liable to a fine not less than one hundred thousand naira and the ship may be detained by a customs officer or detaining officer until this subsec- tion is complied with.
(7) Any document purporting to signify the approval of the Agency in respect of an application under this section and to be signed by the Minister or any person authorised by him for the purpose, shall be admissible in evidence.

15. Minister to make rules regarding name of ship
(1) The Minister may make rules prescribing the circumstances in which, and the conditions subject to which the Agency’s approval may be given to the registration of a ship in Nigeria by a proposed name and the rules may prescribe the form of notice to be given before the name of the ship is marked on the ship, or before the name of the ship is entered on the register, or, in the case ofa change of name ofa ship registered in Nigeria, before the name of the ship is altered in the register.
(2) If in respect of any ship, default is made in compliance with any conditions sub- ject to which the approval of the Agency is granted under any rules made or deemed to have been made pursuant to this section, the owner of the ship commits an offence and on conviction is liable to a fme not less than one hundred thousand naira.

PART III – Registration and Licensing of Ships Registries of Ships
16. Registry of ships
(1) There shall be maintained a Central Ship Registry for the registration and licens- ing of Nigerian ships.
(2) The Minister may, from time to time, by notice published in the Gazette appoint other places for the registration of ships and at each such place there may be appointed a fit person to be the Registrar of Ships.
(3) No Registrar shall be liable to damages or otherwise for any loss accruing to any person by reason of any act done or default made by him as Registrar, unless the default happened through his neglect or wilful default.
(4) For the purposes of this Part of this Act, Registrar includes a Deputy Registrar. (5) For the purposes of this Part of this Act, “ship” includes any barge, lighter or like vessel used in navigation in Nigeria and however propelled, so however, that no self- propelled vessel which is less than 15 gross tons shall be subject to registration.

17. Register or books
(1) The Registrar of Ships shall keep such register or books as may be deemed necessary including the following:
(a) a register for merchant ships;
(b) a register for fishing vessels;
(c) a register for ships under construction;
(d) a register for ships on bareboat charters and other charters exceeding 12 months duration;
(e) a register for licensed ships below 15 gross tons;
(f) a register for Floating Production Storage and Offloading (FPSO) and Floating Storage and Offloading (FSO).
(2) Entries in the books referred to in subsection (1) of this section, shall be made in accordance with the following provisions:
(a) an individual may be registered as sole owner of a ship in his own name;
(b) a person shall not be entitled to be registered as owner of a fractional part of a share in a ship; but any number of persons not exceeding five may be registered as joint owners of a ship or of any share therein;
(c) joint owners shall be considered as constituting one person only as regards the persons entitled to be registered, and shall not be entitled to dispose in severalty of any interest in a ship, or in any share the interest in respect of which they are registered;
(d) a corporation may be registered as owner by its corporate name.

(3) Notwithstanding the provisions of this Act relating to registration and licensing of ships, any vessel intending to operate within the coastal and inland waters of Nigeria shall obtain operational permits from the relevant agencies of Government.

Qualifications for Owning Nigerian Ships
18. Qualification for owning Nigerian ships
(1) Subject to the provisions of subsection (2) of this section and of any rules made or deemed to have been made hereunder, a ship shall not be registered in Nigeria under this Act unless the ship is owned wholly by persons of the following descriptions (in this Act referred to as “persons qualified to own a registered Nigerian ship”):

(a) Nigerian citizens;
(b) bodies corporate and partnerships established under and subject to Nigerian laws, having their principal place of business in Nigeria;
(c) such other persons as the Minister may, by regulations prescribe.
(2) The Minister may make rules with respect to the manner in which Nigerian Government ships, or any class of those ships, may be registered under this Act; and, subject to any modifications which may be made by those rules either generally or in respect of any specified class of ships, this Act shall apply to Nigerian Government ships which are registered in accordance with the rules as if they were ships registered in the manner hereinafter provided.
(3) Where the Minister has reason to believe that there is some doubt as to the title of any ship registered in Nigeria under this Act to be so registered, the Minister may direct the Registrar at the port of registry of the ship to require that evidence be given to his satisfaction that the ship is entitled to be so registered.
(4) If, within such time as may be determined by the Minister, not being less than thirty days, evidence to the satisfaction of the Registrar of the title of the ship to be registered is not given, the ship shall be liable to forfeiture.

19. Obligation to register ships
(1) Whenever a ship is owned wholly by persons qualified to own a registered Nigerian ship, the ship shall be registered in Nigeria in the manner provided in this Part of this Act or in any other country in accordance with the laws of that country, unless the ship- is, pursuant to subsection (2) of this section, exempted from registration under this Act.
(2) The Minister may, if he thinks fit, by notice in the Gazette generally or specially exempt a ship not exceeding fifteen tons employed solely on the coasts or inland waters of Nigeria from registration under this Act.
(3) Any ship, other than a Nigerian licensed ship, which does not comply with the requirements of subsection (1) of this section, shall not be recognised as a Nigerian ship.
(4) If the master of any ship which is owned wholly by persons qualified to own a registered Nigerian ship fails on demand to produce a certificate of registration of the ship or such other evidence to satisfy the Minister that the ship complies with the requirements of subsection (1) of this section, the ship may be detained until that evidence is produced.
(5) Any ship, which is registered at a port in Nigeria immediately before the com- mencement of this Act, shall be a registered ship under this Act if Nigerian citizens or a body corporate owns it, unless the Minister directs otherwise.
(6) A bareboat chartered ship shall, upon registration fly the Nigerian flag and be re- garded as a Nigerian registered vessel whilst the charter persists.
(7) The Registrar shall notify the former port of registry of a Nigerian bareboat char- tered ship of the registration of the ship in Nigeria and satisfy him that the registration in that port is suspended.
(8) The Registrar shall require production of the information and documentation specified in section 21, subsection (4) (a), (c), (j), (g), (h) and section 22 of this Act prior to the registration of a bareboat charter.
(9) A charter of less than 12 months’ duration other than a bareboat charter, shall be licensed and such a chartered vessel shall not fly the Nigerian flag and not be regarded as a Nigerian registered vessel.
(10) The registration of a charter shall be renewed annually and the charterer shall furnish the Registrar with information concerning-
(a) the duration of the charter party;
(b) the parties to the charter;
(c) the hire cost;
(d) the route on which the vessel is expected to ply;

(e) the type of goods, which are expected to be carried.
(11) Every vessel registered in Nigeria and every chartered vessel shall be subject to the payment of such annual fee as the Minister may by order impose.
(12) An owner, charterer or operator of a vessel who fails to pay the fee shall be li- able to a fine not less than one hundred thousand naira.

Procedure for Registration
20. Minister to make regulations
The Minister may make regulations relating to the procedure for the registration of Nigerian ships, which regulations shall not be inconsistent with the provision ofthis Act.

21. Application for registration
(1) An application for registration of a ship in Nigeria under this Act shall be made formally in writing to the Registrar at a port of registry in Nigeria in such form as the Minister may, from time to time, approve.
(2) An application under this section shall-
(a) in the case of an individual be made by the person requiring to be registered as owner or by one or more of the persons so requiring, if more than one, or by his or their agent; and
(b) in the case of a corporation, by its agent.
(3) The authority of an agent shall be testified by writing, if appointed by an individual, under the hands of the appointors, and if appointed by a corporation, under the common seal of the corporation.
(4) The Registrar shall be furnished with the following information and documentation before proceeding with the registration of a ship under this Act:
(a) the full names, addresses and occupations of the purchaser or purchasers of the ship;
(b) evidence of ability or experience of the purchasers to operate and maintain the vessel;
(c) the ownership of shares in the company applying to register the ship;
(d) the apportionment of shares in the vessel;
(e) in the case of a ship with a previous registration, a bill of sale with warranty against liens and encumbrances from the sellers;
(f) the log-book of the ship for inspection by the Registrar;

(g) evidence of financial resources sufficient for the operation and maintenance of the ship; and
(h) the certificate of incorporation and Articles of Association of the company.

22. Survey and measurement of ship
(1) The owner of a ship or an applicant who is applying for the registration of a ship under section 21 of this Act shall on or before making the application, cause the ship to be surveyed by a Surveyor of Ships and the tonnage of the ship to be ascertained in accordance with the Tonnage Regulations made under this Act.
(2) The surveyor shall, upon making the survey, deliver to the owner or applicant a tonnage certificate signed by the surveyor and the certificate shall be delivered to the Registrar before the ship is registered.
(3) A surveyor’s tonnage certificate shall be in a form approved by the Minister, and shall specify the ship’s tonnage and build, and such other particulars descriptive of the identity of the ship as the Minister may, from time to time, require.

23. Marking of ship
(1) Every ship in respect of which an application for registration under section 21 of this Act is made shall, before it is registered, be marked permanently and conspicuously to the satisfaction of the Minister as follows:

(a) the name of the ship shall be marked on each of its bows, and the name of the ship and the name of the ship’s port of registry shall be marked on the stem of the ship, on a dark background in white or yellow letters, or on a light back- ground in black letters, such letters to be of a length not less than four inches and of a proportionate breadth;

(b) the official number and the number denoting the ship’s registered tonnage shall be cut in on the main beam of the ship;
(c) a scale denoting the ship’s draught of water shall be marked on each side of the stem and of the stem post of the ship in Roman capital letters or in figures not less than six inches in length, such that the lower line of the letters or figures coincides with the draught line denoted by the scale and those letters or figures shall be marked by being cut in and painted white or yellow on a dark background, or in such other way as the Minister may approve.

(2) The marks required by this section shall be permanently continued, and no alteration shall be made in the marks except in the event of any of the particulars denoted by them being altered as provided by this Act.

(3) The owner or master of any ship who-

(a) fails to keep the ship marked as is required by this section in the case of ships of that class registered in Nigeria; or
(b) conceals, removes, alters, defaces or obliterates, or suffers any person under his control to conceal, remove, alter, deface or obliterate, any of the marks on the ship, except as provided in subsection (2) of this section, or for the purpose of escaping capture by an enemy, commits an offence and on conviction is liable to a fine not less than one hundred thou- sand naira.
(4) Where a Surveyor of Ships or an inspector certifies that a ship registered in a for- eign country is insufficiently or inaccurately marked, the ship may be detained until the insufficiency or inaccuracy is remedied.

(5) No ship registered in a foreign country shall be detained under this section if the owner or master of the ship shows that the ship is marked, and has been kept marked, in accordance with the law of the country in which the ship is registered.
24. Declaration of ownership in registry
(1) A person shall not be registered as the owner of a ship, or of a share of the ship, until the person or in the case of a corporation, the person authorised by this Part of this Act to make declarations on behalf of the corporation makes and signs a declaration of ownership referring to the ship as described in the surveyor’s tonnage certificate and containing the following particulars:

(a) a statement of the person’s qualification to own a registered Nigerian ship, or, in the case of a corporation, of the circumstances of the constitution and business of the corporation as proof of qualification to own a registered Nigerian ship;
(b) a statement of the time when, and the place where, the ship was built or if the ship was built in a foreign country and the time and place of building are unknown, a statement that the ship was built in a foreign country and that the declarant does not know the time and place of the ship’s building; and, in addition, in the case of a foreign ship, a statement of the ship’s foreign name or in the case of a ship condemned, a statement of the time, place and court at and by which it was condemned;

(d) a statement of the number of shares in the ship of which the owner or the corporation, as the case may be, is entitled to be registered as owner;
(e) a declaration that, to the best of the knowledge and belief of the owner of a ship, no unqualified person or body of persons is entitled as owner to any legal or beneficial interest in the ship or any share in the ship.
(2) Where a declaration is made under this section that a former registration of a ship has been deleted, evidence of the deletion shall be produced.
(3) A declaration of ownership by an individual owner and a declaration of owner- ship on behalf of a corporation as owner shall each be made in the form approved for the purpose by the Minister.

25. Evidence on first registration

(1) An application for the registration of a ship in Nigeria on the first registration of the ship shall produce the following evidence in addition to the declaration of ownership:

(a) in the case of a ship built in a foreign country, a certificate signed by the builder of the ship, and containing a true account of-
(i) the proper denomination and tonnage of the ship as estimated by the applicant;

(ii) the time when, and the place where, the ship was built;
(iii) the name of the person, if any, on whose account the ship was built; (iv) if there has been any sale, the bill of sale under which the ship, or a share in the ship has become vested in the applicant for registration; and
(b) in the case of a ship that has been sold by any competent court, an official copy of the bill of sale.
(2) Where a declarant under subsection (1) of this section, makes the declaration of ownership of a ship and declares that the time and place of the building of the ship are unknown to him, or that the builder’s certificate cannot be procured, the declarant shall be required to produce only the bill of sale under which the ship or a share in the ship, became vested in the applicant for registration.
(3) The owner or applicant for the registration of a ship built in Nigeria, may request the builder of the ship to deliver to the owner a signed certificate containing the particulars specified in paragraph (a) of subsections (1) and (2) of this section and the builder shall, when so requested, deliver the certificate.
(4) A builder who fails to comply with subsection (3) of this section or wilfully makes a false statement in a certificate given under that subsection, commits an offence and on conviction is liable to a fine not less than three hundred thousand naira.

(5) In this section, “builder”, in the case of a ship built in Nigeria, includes any per- son to whom the Minister grants a licence to carry on the business of builder of a ship, and in the case of a ship built in a foreign country, includes any person who is recognised in accordance with the law of that country.

26. Entry of particulars in register

(1) The Registrar shall, as soon as the requirements of this Part of this Act preliminary to registration have been complied with, enter in the register, the-
(a) name of the ship and the previous name and registry if any;
(b) details comprised in the surveyor’s tonnage certificate;
(c) particulars of the origin of the ship stated in the declaration of ownership;
(d) name, address and occupation of the registered owner or owners of the ship and where there are more than one, what share in the ship is held by each owner;
(e) name of the builders, the place and year the ship was built;
(f) particulars of any mortgage, liens or similar charges regarding the ship;

(g) international call sign of the ship if a call sign has been assigned to the ship;

(h) name, address and, as appropriate, the nationality of the bareboat charterer;

(i) name, address and, as appropriate, the nationality of the operator, when the operator is not the owner or the bareboat charterer.

(2) The Registrar shall, on the registration of a ship, retain in his possession the following documents in addition to the documentation prescribed in section 21 (4) of this Act:

(a) the surveyor’s tonnage certificate;
(b) the builder’s certificate, if any;
(c) all declarations of ownership;
(d) any bill of sale of the ship previously made; and
(e) the copy of the condemnation, if any.
27. Managing owner to be registered
(1) The Registrar shall cause the name and address of the managing owner for the time being of every ship registered in Nigeria to be registered in the register at the ship’s port of registry.

(2) Where there is no managing owner of a ship, the name of the ship’s agent or other person to whom the management of the ship is entrusted by or on behalf of the owner shall be registered and any person whose name is so registered shall, for the purposes of this Act, be under the same obligations, and subject to the same liabilities, as the managing owner.

(3) The owner of a ship who makes a default in complying with the provisions of this section, commits an offence and on conviction is liable to a fine not less than one hun- dred thousand naira and to an additional fine not less than fifty thousand naira for each occasion on which the ship leaves any port in Nigeria while that default continues.

28. Cancellation of registration

The Registrar shall cancel the registration of a ship registered in Nigeria at any time the ship-

(a) appears to be registered also in a foreign country; or

(b) ceases to comply with the qualifications for the ownership of a Nigerian ship as required by section 18 ofthis Act; or

29. Restriction on deregistration of ship

The Registrar shall not permit the deregistration of a ship registered under this Act without the consent in writing of all the registered holders of mortgages on the ship registered under this Act.

Certificate of Registry

30. Issue and custody of certificate of registration

(1) The Registrar shall on completion of the registration of a ship, issue a certificate of registration in such form as may be approved by the Agency.

(2) The certificate of registration of a ship, whether or not the ship is a Nigerian ship, shall be used only for the lawful navigation of the ship, and shall not be subject to detention by reason of any title, lien, charge or interest which the owner or mortgagee or any other person has or claims to have on or in the ship.

(3) A person who has in his possession or under his control, the certificate of registration of a ship shall not refuse or omit, without reasonable cause, to deliver the certificate on demand to the person entitled to the custody of the certificate for the purposes of the lawful navigation of the ship, or to any Registrar, ship surveyor, collector of customs or other person entitled by law to require its delivery.
(4) Any person who contravenes the provisions of subsection (3) commits an offence and on conviction is liable to a fme not less than twenty thousand naira.

(5) If, in any proceedings in respect of an offence under this section, the court is of the opinion that the certificate of registration is lost, the court shall certify the loss and cause a copy of the certification to be transmitted to the Agency.

31. Use of improper certificate
The owner or master of a ship who uses or attempts to use for the navigation of the ship, a certificate of registration not legally granted in respect of the ship whether or not the ship is a Nigerian ship commits an offence and on conviction is liable to a fine not less than three hundred thousand naira or to imprisonment for a term not exceeding two years or both, and, in addition, the ship shall be liable to forfeiture.
32. Power to grant new certificate
(1) The Registrar at the port of registry ofa ship registered in Nigeria may, with the approval of the Agency and on the delivery to him of the certificate of registration of the ship, grant a new certificate in lieu of the old one.
(2) In the event of the certificate of registration ofa ship registered in Nigeria being lost or destroyed, the Registrar at the port of registry of the ship shall upon being satisfied of the loss or destruction grant a new certificate of registration in lieu of the original certificate of the registration.
(3) If, in the case of a ship registered in Nigeria, the event referred to in subsec- tion (2) of this section, occurs while the ship is at a port outside Nigeria, or if, after the occurrence of the event, the ship first arrives at a port outside Nigeria, the master of the ship, or another person having knowledge of the facts of the case, shall furnish the appropriate officer at that port with a declaration stating the facts of the case and the names and descriptions of the registered owners of the ship and the proper officer may, upon the declaration, grant a provisional certificate of registration, in a form approved by the Agency and the provisional certificate shall contain a statement of the circumstances in which it is granted.
(4) Whenever the appropriate officer grants a provisional certificate under subsec- tion (3) of this section, the officer shall transmit a copy of that certificate to the Registrar at the ship’s port of registry.

(5) The master of a ship in respect of which a provisional certificate has been granted under subsection (3) of this section, shall within ten days after the first subsequent arrival of the ship at a port in Nigeria, deliver the provisional certificate-
(a) to the Registrar at that port; or

(b) if there is no Registrar at that port, to the Registrar at the ship’s port of registry.
(6) If the master of the ship fails to comply with the provisions of subsection (5), he commits an offence and on conviction is liable to a fine not less than one hundred thou- sand naira.
(7) If a provisional certificate is delivered under subsection (5) to a Registrar who is not the Registrar at the ship’s port of registry, he shall immediately forward the certificate to the Registrar at the ship’s port of registry.
(8) Upon receipt of a provisional certificate granted under this section, the Registrar at the ship’s port of registry shall grant a new certificate of registration.
33. Endorsement of change of master on certificate
(1) Where the master of a ship registered in any foreign country is changed in consequence of the removal of the master by a marine court under this Act, the court shall cause a memorandum of the change to be endorsed on the certificate of registration of the ship and cause a copy of the endorsement to be transmitted to the Agency.
(2) Where the master of a ship registered in Nigeria is changed while the ship is at a port in Nigeria for any cause other than that mentioned in subsection (1) of this section, the Registrar at the port, or, if there is no Registrar at the port, the Registrar at the ship’s port of registry, shall endorse and sign a memorandum of the change on the ship’s certificate of registry.
(3) Where the master of a ship registered in Nigeria is changed while the ship is at a port out of Nigeria, the appropriate officer at the port shall endorse and sign a memorandum of the change on the ship’s certificate of registry but if the change occurs in consequence of the removal of the master of the ship by a competent court in a foreign country, or in consequence of the sentence of a competent naval court constituted under the law of a foreign country the court shall cause a memorandum of the change to be endorsed on the ship’s certificate of registry.
(4) Where any Registrar, not being the Registrar at the ship’s port of registry, or any appropriate officer, makes an endorsement under this section, he shall immediately notify the Registrar at the ship’s port of registry.

(5) The owner of a power driven craft of not less than 15 gross tons operating solely on inland waters shall, from time to time, keep a continuous record of the persons in charge of that craft and the engines of the craft and the record shall contain the name, address and certificate number of the said person and the dates when he assumed command and left the craft.
(6) The owner shall produce such record at any time on demand by any officer of the Minister, and any owner who fails to comply with this subsection commits an offence and on conviction is liable to a fine not less than twenty thousand naira.
34. Endorsement of change of ownership on certificate of registry
(1) Whenever a change occurs in the registered ownership of a ship registered in Nigeria, the change of ownership shall be endorsed on the certificate of registration by the Registrar at the ship’s port of registry, or by the Registrar or appropriate officer at any port at which the ship arrives after the registration officer is advised of the change by the Registrar at the ship’s port of registry.
(2) The master shall, for the purpose of an endorsement of the certificate of registration of the ship by the Registrar at the ship’s port of registry, immediately deliver the certificate to the Registrar after the change, if the change occurs when the ship is at the port of registry but if the change occurs during the absence of the ship from that port and the endorsement under this section is not made before her return, then, upon her first return to that port.
(3) The Registrar at any port of registry, not being the ship’s port of registry, or any appropriate officer required by this section to make an endorsement on the certificate of registration of a ship registered in Nigeria, may require the master to deliver the ship’s certificate of registration to him, as long as the ship is not detained; and the master shall deliver the certificate accordingly.
(4) Where any Registrar, not being the Registrar at the ship’s port of registry, or any proper officer, makes an endorsement under this section in respect of any ship, he shall forthwith notify the Registrar at the ship’s port of registry.
(5) The master of a ship who fails to deliver the ship’s certificate of registration to a Registrar or the appropriate officer when required under this section to do so, commits an offence and on conviction is liable to a fine not less than one hundred thousand naira.
(6) Where the ownership of any ship registered in Nigeria is changed, the Registrar at the ship’s port of registry may, on the application of the owner of the ship, register the ship anew, notwithstanding that a new registration is not required under this Part of this Act.

35. Endorsement of change of ownership on certificate of registry

(1) If a ship registered in Nigeria-

(a) is actually or constructively lost, taken by the enemy, burnt or broken up; or delivery up of certificate when ship is lost or ceases to be a Nigerian ship;

(b) ceases to be entitled to be registered under this Act by reason of a transfer to a person not qualified to own a registered Nigerian ship; or for any other reason except the transfer of its registry to a port in another country, the owner of the ship or any share in the ship shall, immediately on obtaining knowledge of the event, if notice has not already been given, give notice to the Registrar at the port of registry of the ship.
(2) The Registrar upon receiving notice under subsection (1) of this section, shall make an entry of the notice in the register, and the registration of the ship in that register shall be considered as closed except so far as relates to any unsatisfied mortgage or existing certificate of mortgage entered in it.
(3) Whenever an event under subsection (1) of this section occurs, the master of the ship, except where the ship’s certificate of registration is lost or destroyed, shall, if the event occurs in Nigeria or at any port, within ten days of the occurrence, or, if the event occurs elsewhere within ten days after the arrival of the master in Nigeria or at any port, deliver the ship’s certificate of registration to the Registrar at the port at which the event occurs or at which the master first arrives after the event or if there is no Registrar at that port to the Registrar at the ship’s port of registry.
(4) If the event in subsection (1) or (2) of this section occurs at any port outside Nigeria, or if after the event, the master first arrives at any port outside, he shall deliver the ship’s certificate of registration to the appropriate officer at the port.
(5) Any owner or master of a ship who fails, without reasonable cause, to comply with the provisions of this section commits an offence and on conviction is liable to a fine not less than one hundred thousand naira.
(6) If a ship’s certificate of registration is delivered under subsection (3) of this section to a Registrar who is not himself the Registrar at the ship’s port of registry, or to an appropriate officer, that Registrar or an appropriate officer shall immediately forward the certificate to the Registrar at the ship’s port of registry.
(7) For the purposes of subsection (1) of this section, a ship shall be deemed to be constructively lost if there is, in respect of that ship, a constructive total loss within the meaning of that expression in the Marine Insurance Act.
36. Re-registration of abandoned ships
If a ship ceases to be registered in Nigeria by reason of having been-
(a) wrecked or abandoned; or
(b) for any other reason except capture by the enemy; or
(c) transferred to a person not qualified to own a registered Nigerian ship or transfer of its registry to a port in a foreign country, the ship shall not be registered in Nigeria until the ship has, at the expense of the applicant for re-registration, been inspected by a Surveyor of Ships and certified by the surveyor to be seaworthy.
37. Provisional certificate for ship which in a foreign country becomes Nigerian owned
(1) If, at a port in a foreign country, a ship becomes the property of persons qualified to own a registered Nigerian ship and one or more of those persons or the master of the ship authorised to do so by him or them declare to the appropriate officer at the port an intent to apply to have the ship registered in Nigeria, the appropriate officer may grant to the master of the ship, on application by him, a provisional certificate, in a form approved by the Minister, stating the–
(a) name of the ship;
(b) time and place of the purchase of the ship and the names and addresses of the purchasers;
(c) name of the master; and
(d) best particulars respecting the tonnage, build and description of the ship which he is able to obtain, and shall immediately forward a copy of the certificate to the Minister.
(2) A provisional certificate granted in accordance with subsection (1) of this section, shall be deemed to be a certificate of registration until the expiry of six months from the date on which it was granted, or until the arrival of the ship at a port in Nigeria, whichever is the earlier date and shall after the arrival of the ship in Nigeria have no effect.
(3) The master of a ship in respect of which a provisional certificate is granted under this section shall, within ten days of the ship’s first arrival at a port in Nigeria, deliver the certificate to the Registrar at the port or if there is no Registrar at the port, to the Registrar at the ship’s intended port of registry.
(4) Any master who fails to comply with subsection (3) of this section commits an offence and on conviction is liable to a fine not less than one hundred thousand naira.
38. Temporary passes instead of certificate of registry
(1) Where the Minister is by reason of special circumstances, satisfied that permis- sion be granted for a ship to pass from any port In Nigeria to any other port in a foreign country without being previously registered, the Minister may direct the Registrar to grant a pass in respect of that ship specifying->
(a) the voyage which the ship is thereby authorised to make; and
(b) the item for which, and any limits within which, the pass remains valid, the Registrar so directed, shall grant the pass accordingly.

(2) A pass granted under this section shall be in form approved by the Minister; the pass granted under the corresponding provisions of the law of any country other than Nigeria, shall, for the time and within the limits mentioned in the pass have the same effect as a certificate of registration-

(a) in Nigeria, the Registrar at the port at which the alteration is made, or if there is no Registrar at the port, the Registrar at the ship’s port of registry;

(b) elsewhere, on the ship’s first arrival at a port in Nigeria after the alteration, the Registrar or appropriate officer, shall, upon application being made to him and on receipt of a certificate from a Surveyor of Ships stating the particulars of the alteration cause the alteration to be registered in accordance with the provisions of section 47 of this Act or direct that the ship be registered anew in accordance with the provisions of section 49 of this Act.

(3) Whenever a ship registered in Nigeria is altered as provided in subsection (1) of this section, application to register that alteration shall be made in accordance with the provisions of subsection (3) of this section.
(4) If the owner of a ship that is altered fails to comply with the provisions of this section, he commits an offence and on conviction is liable to a fine not less than one hundred thousand naira and in addition to a further fine not less than ten thousand naira for every day during which the offence continues after conviction.
(5) In this section, “surveyor of ship” includes any person who is, under the law of the country in which the ship is surveyed, qualified to survey ships for the purpose of ascertaining the tonnage of the ships in accordance with the tonnage regulations ofthat country.
39 ********************************************************
[EDITORIAL NOTE: The text for section 39 was omitted in the Federal Gazette and not available at the time of print.]

40. Procedure for registration of alteration

(1) Where a Registrar or appropriate officer, on an application as to an alteration in a ship registered in Nigeria, causes the alteration to be registered, the certificate of registration of the ship shall be produced to him; and the Registrar or proper officer shall, in his discretion, either retain the certificate of registration and grant a new certificate of registration containing a description of the ship as altered or endorse and sign on the existing certificate a memorandum of the alteration.
(2) Where any Registrar, not being the Registrar at the ship’s port of registry or any appropriate officer grants a new certificate or endorses an existing certificate under this section, he shall immediately send a report of the particulars of the case to the Registrar at the ship’s port of registry, containing a statement similar to that contained in the certificate or endorsement, and accompanied, where a new certificate of registration has been granted, by the former certificate of registration.
(3) The particular of the alteration made in a ship and the fact that a new certificate has been granted or an endorsement has been made, shall be entered in the register by the Registrar at the ship’s port of registry.
41. Provisional certificate where ship registered anew
(1) Where a Registrar who is not the Registrar at the ship’s port of registry, or any appropriate officer, on an application as to an alteration in a ship registered in Nigeria, directs the ship to be registered anew the Registrar or officer shall grant a provisional certificate, describing the ship as altered, or provisionally endorse the particulars of the alteration on the existing certificate.
(2) Where a Registrar or appropriate officer grants a provisional certificate or provisionally endorses a certificate under this section, the Registrar or officer shall add to the certificate or endorsement a statement that the certificate or endorsement is made provisionally and send a report of the particulars of the case to the Registrar at the ship’s port of registry, containing a statement similar to that contained in the certificate or endorsement.
(3) The master of every ship in respect of which a provisional certificate is granted or endorsed under this section shall, within ten days of the ship’s first arrival after the grant of the provisional certificate or endorsement at a port in Nigeria, deliver that certificate to the Registrar at the port or if there is no Registrar at that port, to the Registrar at the ship’s port of registry.

(4) Any master of a ship who fails to comply with subsection (3) of this section commits an offence and on conviction liable to a fine not less than one hundred thousand naira.

(5) If, under this section, a ship’s certificate of registration is delivered to a Registrar who is not himself the Registrar at the ship’s port of registry, he shall immediately for- ward the certificate to the Registrar at the ship’s port of registry.

(6) When any ship in respect of which a provisional certificate is granted or a certificate is endorsed under this section, first arrives after the grant or endorsement at a port in Nigeria, application for registration of that ship anew shall be made to the Registrar at the ship’s port of registry, and the other requisites for registration shall be complied with.

(7) The owner of a ship under this section who fails to comply with this section, commits an offence and on conviction is liable to a fine not less than two hundred thou- sand naira in addition to a further fine not less than ten thousand naira for every day during which the offence continues after conviction.

42. Procedure for registration anew
(1) When a ship registered in Nigeria is to be registered anew, the Registrar at the ship’s port of registry shall proceed as in the case of first registration; and on the delivery to the Registrar of the existing certificate of registration and on compliance with the other requisites for registration or if the registration anew is to take place in consequence of a change of ownership, such of the requisites as the Registrar thinks material, the Registrar shall make the registration anew and grant a certificate of the registration.
(2) When a ship is registered anew, the former register of the ship shall be considered as closed, except so far as relates to any unsatisfied mortgage or existing certificates of sale or mortgage entered on the register while the names of all persons appearing on the former register to be interested in the ship as owners or mortgagees shall b entered on the new register and the registration anew shall not in any way affect the rights of any of those person

Transfer of Registry

43. Transfer of registry within Nigeria

(1) The registration of any ship registered in Nigeria may be transferred from the existing port of registry to another port of registry in Nigeria on the application by declaration in writing, of all persons appearing on the register to be interested in it as owners or mortgagees made to the Registrar at the ship’s existing port of registry.

(2) When an application is made under subsection (1) of this section the Registrar shall transmit notice of the application to the Registrar at the intended port of registry, with a copy of all particulars relating to the ship and the names of all persons appearing on the register to be interested therein as owners or mortgagees.

(3) The ship’s certificate of registration shall be delivered to the Registrar at the ex- isting or intended port of registry, and, if delivered to the former, shall be transmitted to the Registrar at the intended port of registry.

(4) On the receipt of the certificate of registration and all other particulars relating to a ship under this section, the Registrar at the intended port of registry shall enter in the register, all the particulars and names so transmitted and grant a fresh certificate of registration after which the ship shall be considered as registered at the new port of registry, and the name of the ship’s new port of registry shall be substituted for the name of the ship’s former port of registry on the ship’s stem.
(5) A transfer under this section shall not affect the rights of any person appearing on the register to be interested in the ship as owner or mortgagee, and the rights shall, in all respects, continue in the same manner as if the transfer had not been effected.
44. Nigerian licensed ships
(1) A Nigerian ship not exceeding 15 tons may be licensed under this Part of this Act; and when licensed, the ship shall be known as a Nigerian licensed ship and be subject to such conditions as the Minister may, from time to time, prescribe.
(2) Every licence in respect of a Nigerian licensed ship shall have stated in it-
(a) that the ship is owned by a person or body corporate ordinarily resident in Nigeria; and
(b) that license shall become void if the ship, or any share in the ship is transferred, mortgaged or charged to any person or body corporate without the written permission of the Minister.
(3) No Nigerian licensed ship shall proceed outside Nigeria unless express provision to the contrary is contained in the licence of the ship or unless it is necessary to do so due to stress of weather or other cause beyond the control of the master.
(4) A master of a ship who contravenes the provisions of subsection (3) of this section and any person who aids or abets the master, commits an offence and on conviction is liable to a fine not less than one hundred thousand naira and in addition the licence of the ship may be revoked by the Minister.
(5) The Minister may make regulations regarding the licensing of ships and boats and the regulations may specify the manning, and the safety and fire fighting equipment required to be carried by the ships, and any other provisions which may appear to the Minister to be necessary for the carrying into effect of this section.
(6) The licence of a ship and boat shall be renewed annually and upon the payment of such licensing fees as the Minister may, from time to time, by order specify.
Forfeiture of Ships
45. Proceedings on forfeiture of ship
(1) Where any ship has either wholly or as to any share therein, become liable to for- feiture under this Part of this Act-
(a) any commissioned officer on full pay in any of the armed forces of Nigeria, or any collector of customs, or any appropriate officer;
(b) if the ship is a Nigerian ship, any officer on full pay in any of the armed forces, or any appropriate officer, may seize and detain the ship and bring her for adjudication before a court of competent jurisdiction.
(2) Where a ship is brought before a court, whether by an officer or a collector of customs as is mentioned in subsection (1) of this section or by any other officer or official acting in accordance with the law, the court subject to subsection (4) of this section shall adjudge the ship and may order that the ship with the ship’s tackle, apparel and furniture be forfeited to the Government of Nigeria, and may make such other order as the court deems just.
(3) An officer or a collector of customs mentioned in this section shall not be held responsible civilly or criminally in respect of any seizure or detention under this section notwithstanding that the ship has not been brought in for adjudication or if so brought in, is declared not liable to forfeiture, if it is shown to the satisfaction of the court before which any trial relating to the ship or seizure or detention is held that there were reasonable grounds for the seizure or detention.
(4) If a court before which a ship seized or detained is brought, finds out that there were no reasonable grounds for the seizure or detention of the ship under this section, the court may award costs and damages to the party aggrieved, and make such other order in the circumstance as the court thinks just.
Incapacitated Persons
46. Provision for cases of infancy and other disability
(1) If by reason of infancy, mental disorder or defect or any other cause a person in- terested in a ship or share in a ship is incapable of making any declaration or doing any act required or permitted by this Part of this Act to be made or done in connection with the registration of the ship or any share in the ship-
(a) the legal guardian or representative of the person; or
(b) the committee, manager or administrator or any person appointed by a court of competent jurisdiction on application made on behalf of the incapable person or of any other person interested, may make that declaration or a declaration as nearly corresponding to it as the circum- stances permit, and do that act in the name and on behalf of the person.
(2) Any act done by the appropriate representative under subsection (1) of this sec- tion shall be as effectual as if done by the person for whom he acted.
Trusts and Equitable Rights
47. Notices of trusts not acceptable
(1) No notice of any trust, express, implied or constructive shall be entered in any register or received by any Registrar at a port of registry in Nigeria.
(2) Subject to the provisions of this Part of this Act and subject to any rights and powers appearing by the register to be vested in any other person, the registered owner of a ship registered in Nigeria, or any share in the ship, has power absolutely to dispose of the ship or share in the manner provided in this Part of this Act, and to give effectual receipts for any money paid or advanced by way of consideration.
48. Equities not excluded by Act and liabilities of owner
(1) An interest arising under a contract or any other equitable interest may be en- forced by or against the owner and mortgagee of a ship in respect of their interests in the ship, in the same manner as in respect of any other personal property without prejudice to-
(a) the provisions of this Act for preventing notice of trusts from being entered in the register or received by the Registrar;
(b) the powers of disposition and of giving receipts conferred by this Act on regis- tered owners and mortgagees;
(c) the provisions of this Act relating to the exclusion of unqualified persons from the ownership of ships registered in Nigeria.
(2) Where a person is beneficially interested otherwise than by way of mortgage, in a ship registered in any foreign country or any share in the ship, and the ship or share is registered in the name of any other person as owner, the person so interested shall, as well as the registered owner, be subject to all pecuniary penalties imposed by this Act or any other Act on the owner of a ship or share in a ship and proceedings may be taken for the enforcement of any such penalties against both or either of the persons with or without joining the other.
(3) In this Part of this Act-

“beneficial interest” includes interests arising under contract and other equitable interests.
Declarations, etc.

49. Power of Registrar to dispense with declarations and other evidence
Where a person is required to make a declaration under this Part of this Act on behalf of himself or any corporation and produce any evidence to the Registrar, and it is shown to the satisfaction of the Registrar that for a reasonable cause the person is unable to make the declaration, or that the evidence cannot be produced, the Registrar may, with the approval of the Minister, and on the production of any such other evidence and subject to such terms as the Minister thinks fit, dispense with the declaration or evidence.

50. Mode of declaration
(1) A declaration required by this Part shall be made before any Notary Public or Commissioner for Oaths.
(2) A declaration required by this Part may be made on behalf of a corporation by the Secretary or by any other officer of the corporation authorised by the corporation for the purpose.
51. Evidence of other foreign registers
(1) Any register under this Part and any declaration made in pursuance of this Part in respect of a ship shall be admissible in evidence.
(2) A copy or transcript of the register of ships kept by the Registrar of Ships at any port of registry in any foreign country, or a copy or transcript of any master register of ships kept under the authority of the Government of the foreign country shall be admissible in evidence and have the same effect to all intents as the original register of which it is a copy or transcript.
52. Forms of documents and instructions as to registry
(1) A Registrar shall not be compelled without the special direction of the Minister, to receive and enter in the register any bill of sale, mortgage or other instrument for the disposal or transfer of any ship or share or interest in the ship made in any form other than that for the time being required under this Part of this Act or which contains any particulars other than those contained in that form.
(2) The Minister may, for the carrying into effect of this Part of this Act, give such instructions as he thinks fit to the Registrar as to–
(a) the manner of making entries in the register;
(b) the execution and attestation of powers of attorney;
(c) any evidence required for identifying any person;
(d) the referring to him of any question involving doubt or difficulty; and
(e) generally, any act or thing to be done in pursuance of this Part of this Act.

53. Forgery of documents and false declarations
( 1) Every person who–
(a) forges or fraudulently alters or assists in forging or fraudulently altering; or
(b) procures to be forged or fraudulently altered, any register, builder’s certificate, surveyors tonnage certificate, certificate of registry, declaration, bill of sale, instrument of mortgage or certificate of sale or mortgage under this Part of this Act, or any document signifying the Minister’s consent to any transaction under this Part, or any entry or endorsement required by this Part to be made in or on any of those documents, commits an offence.
(2) A person who, in the case of any declaration made in the presence of, or produced to, a Registrar or an appropriate officer under this Part of this Act, or in any document or other evidence produced to a Registrar or an appropriate officer-
(a) wilfully makes or assists in making or procures to be made, any false statement concerning the title to or ownership of or the interest existing in any ship or any share in the ship; or
(b) utters, produces or makes use of any declaration or document containing any false statement, knowing the same to be false, commits an offence.
(3) A person who wilfully makes a false declaration touching the qualification of himself or of any other person or of any corporation to own a registered Nigerian ship or any share in the ship, commits an offence and the ship or share shall be liable to forfeiture under this Act to the extent of the interest of the declarant in the ship unless it is proved that the declaration was made without authority of that other person or corporation on behalf of whom the declaration is made.
(4) Any person who commits an offence under this section is on conviction liable to a fine of not exceeding two hundred thousand naira or to imprisonment for a term not less than two years or to both.

PART IV
Mortgages
54. Mortgage of ship or share in ship
(1) A ship registered in Nigeria, or a share in the ship may be made a security for a loan or other valuable consideration, and there shall be a proper written instrument creating the security (in this Part of this Act referred to as “a mortgage”).
(2) Where a mortgage on a ship is produced to the Registrar at the ship’s port of reg- istry, the Registrar shall record the mortgage in the register.

(3) Mortgages shall be recorded by the Registrar in the order in which they are pro- duced to the Registrar for that purpose and the Registrar shall endorse and sign a memorandum on each mortgage, stating the date and time of the record.

55. Obligation of mortgagor to disclose existing liabilities

(1) The mortgagor shall before executing any mortgage disclose in writing to the mortgagee the existence of any maritime lien, prior mortgage, or other liability in respect of the ship to be mortgaged and of which the mortgagor is aware.

(2) If a mortgagor under subsection (1) of this section fails to comply with this sec- tion, the mortgage debt shall, at the election of the mortgage holder, become immediately due and payable, notwithstanding anything to the contrary in the mortgage.
56. Entry of discharge of mortgage

If a mortgage is discharged, the Registrar shall, on the production of the mortgage and a receipt for the money endorsed on the mortgage duly signed and attested, make an entry in the register to the effect that the mortgage has been discharged and on the entry being made, the estate if any, which passed to the mortgage shall vest in the person in whom, having regard to intervening acts and circumstances, if any, it would have vested if the mortgage had not been made.
57. Priority of mortgages

(1) If there are more mortgages than one registered in respect of a ship or share, the mortgagees shall, notwithstanding any express, implied or constructive notice, be entitled in priority one over the other, according to the date on which each mortgage is recorded in the register and not according to the date of each mortgage itself.
(2) A registered mortgage of a ship or share in the ship shall not be affected by any act of bankruptcy committed by the mortgagor after the date of the record of the mort- gage, notwithstanding that the mortgagor at the commencement of his bankruptcy had the ship or share in his possession, order or disposition, or was the reputed owner of the ship and the mortgage shall be preferred to any right, claim or interest in the ship of the other creditors of the bankruptcy, or of any trustee or assignee in their behalf.
58. Powers of mortgagee
(1) Except as may be necessary for making a mortgaged ship or share in the ship available as a security for the mortgage debt, the mortgagee shall not, by reason of the mortgage, be deemed the owner of the ship or share, nor shall the mortgagor be deemed to have ceased to be the owner of the ship.
(2) Every registered mortgagee has power absolutely to dispose of the ship or share in respect of which he is registered, and to give effectual receipts for the purchase money; but, where there are more persons than one registered as mortgagees of the same ship or share, a subsequent mortgagee shall not, except under the order of a court of competent jurisdiction, sell the ship or share without the consent of every prior mortgagee.

59. Transfer of mortgage
(1) A registered mortgage of a ship registered in Nigeria or a share in the ship may be transferred to any person.
(2) On the production of an instrument effecting a transfer of mortgage and of the mortgage to which it relates, the Registrar shall record the transfer by entering in the register, the name of the transferee as the mortgage of the ship or share, and shall endorse and sign on the mortgage and on the instrument effecting the transfer, a memorandum stating that the transfer has been recorded by the Registrar and the date and time of the record.
60. Transmission of interest in mortgage by death, bankruptcy, etc.
(1) If the interest of a mortgagee in a ship registered in Nigeria, or any share in the ship is transmitted to any person on the death or bankruptcy of the mortgagee, or by any lawful means, other than by a transfer under this Part of this Act, the transmission shall be authenticated by a declaration of the person to whom the interest is transmitted.
(2) A declaration made under this section shall-
(a) be in a form approved by the Minister; and
(b) contain a statement of the manner in which, and the person to whom, the property has been transmitted; and
(c) be accompanied by such evidence as is required by this Part of this Act in the case of a corresponding transmission of the ownership of a ship or share in a ship.
(3) The Registrar on the receipt of the declaration, and the production of the evidence as provided in subsection (2) of this section, shall enter the name of the person entitled under the transmission in the register as the mortgagee of the ship or share.

Mortgages and Transfer of Nigerian Ships out of Nigeria

61. Authority to sell or mortgage out of Nigeria
(1) If a registered owner of a ship registered in Nigeria or a share in the ship is desirous of disposing by way of sale or mortgage of the ship or share in it at any place out of Nigeria, he may make application, by declaration in writing, to the Registrar at the ship’s port of registry.

(2) In an application under subsection (1) of this section, the registered owner shall set out-
(a) the name and address of the person in whose favour the application for sale or mortgage is made, together with-

(i) in the case of a sale, the minimum price at which the sale is to be made, if it is intended to fix any such minimum, or
(ii) in the case of a mortgage, the maximum amount of the mortgage, if it is intended to fix any such maximum;
(b) the place where the power is to be exercised, or, if no place is specified, a dec- laration that the power may be exercised anywhere, subject to the provisions of this Act;
(c) the limit of time within which the power may be exercised.
(3) In the case of an application to dispose of a ship by way of sale, under subsection (1) of section 62 of this Act, the Registrar shall enable the applicant to dispose of the ship or share in the manner desired in accordance with subsection (4) of this section.
(4) The Registrar shall enter in the register, a statement of the particulars set out in the application and shall grant to the applicant a certificate of sale or a certificate of mortgage, as the case may require.
(5) A certificate of sale and a certificate of mortgage shall-
(a) each be in a form approved by the Minister for the purpose;

(b) not authorise any sale or mortgage to be made in Nigeria, or by any person not named in the certificate; and

(c) contain a statement of the particulars set out in the application, and also a statement of any registered mortgages and certificates of sale or mortgage affecting the ship or share in respect of which the certificate is given.
(6) Any document purporting to signify the consent of the Minister to the grant of a certificate of sale and purporting to be signed by the Minister or any person authorised by him for the purpose, shall be admissible in evidence.
62. Rules as to certificates of mortgage

(1) The power conferred in a certificate of mortgage shall be exercised in conformity with the directions contained in the certificate.

(2) Every mortgage made under a certificate of mortgage shall be registered by the endorsement of a record of the mortgage on the certificate by the appropriate officer at the place at which the mortgage is made.
(3) A mortgage made in good faith under a certificate of mortgage shall not be impeached by reason of the death of the person by whom the power was given before the making of the mortgage.
(4) Whenever a certificate of mortgage contains a specification of the place at which, and a limit of time not exceeding twelve months within which, the power is to be exercised, a mortgage made in good faith to a mortgagee without notice shall not be impeached by reason of the bankruptcy of the person by whom the power was given.
(5) Every mortgage which is registered, as prescribed in subsection (2) of this section on the certificate shall have priority over all mortgages of the same ship or share created subsequently to the date of the entry of the certificate in the register and if there are more mortgages than one registered, the respective mortgagees claiming under the certificate shall, notwithstanding any express, implied or constructive notice, be entitled one before the other according to the date at which each mortgage is registered on the certificate, and not according to the date of the mortgage.
(6) Subject to the rules set out in this section, every mortgagee whose mortgage is registered on the certificate shall have the same rights and powers and be subject to the same liabilities as the mortgagee would have had and been subject to if his mortgage had been registered in the register instead of on the certificate.
(7) The discharge of any mortgage registered on the certificate of mortgage may be endorsed on the certificate by a Registrar or an appropriate officer on the production of such evidence as is, by this Act required to be produced to the Registrar on the entry of the discharge of a mortgage in the register and on that endorsement being made, the interest, if any, which passes to the mortgagee shall vest in the same person or persons in whom it would, having regard to the intervening acts and circumstances, if any, have vested if the mortgage had not been made.
(8) On the delivery of any certificate of mortgage to the Registrar by whom it was granted, the Registrar shall, after recording in the register in such manner as to preserve its priority, any unsatisfied mortgage registered on the certificate cancel the certificate and enter the fact of the cancellation in the register and every certificate so cancelled shall be void.
63. Loss of certificate of sale or mortgage

On proof at any time to the satisfaction of the Minister that a certificate of sale or mortgage is lost or destroyed or damaged as to be useless and that the powers thereby given have never been exercised, or if they have been exercised, then, on proof of the several matters and things that have been done under the powers, the Registrar by whom the certificate was granted may, with the consent of the Minister, as circumstances require, issue a new certificate or direct such entries to be made in the register or such other things to be done, as might have been made or done if the loss, destruction or damage had not taken place.

64. Revocation of certificate of sale or mortgage
(1) The registered owner of a ship registered in Nigeria, or a share in the ship in respect of which a certificate of sale or mortgage has been granted, specifying the places where the power given by the certificate is to be exercised, may, by an instrument under his hand, authorise the Registrar by whom the certificate was granted to give notice to the appropriate officer at every such place that the certificate is revoked.
(2) The Registrar shall, upon being authorised in subsection (1) of this section, give the required notice and the appropriate officer shall record the notice upon receiving it and after it is recorded, the certificate shall be deemed to be revoked in respect of any sale or mortgage which may be made after that in the place.

PART V
Certificates of Sale
65. General rules for certificates of sales
(1) A certificate of sale of a ship shall not be granted under this Act except-

(a) for the sale of an entire ship; and
(b) upon an application, made by declaration in writing by all persons appearing on the register to be interested in the ship, as owners or mortgagees of the ship.
(2) The power conferred by a certificate issued under this Act shall be exercised in conformity with the directions contained in the certificate.
(3) A sale made in good faith in exercise of the power conferred by a certificate is- sued under this Act to a purchaser for valuable consideration shall not be impeached by reason of the death of the person who gave the power before the sale.
(4) Whenever any certificate of sale contains a specification of the place atwhich, and a limit of time not exceeding twelve months within which the power is to be exer- cised, a sale made in good faith to a purchaser for valuable consideration without notice, shall not be impeached by reason of the bankruptcy of the person by whom the power was given.
66. Procedure where ship sold under certificate of sale granted in Nigeria
(1) If a ship registered in Nigeria is sold in exercise ofa power conferred by a certifi- cate of sale granted under this Part of this Act to persons qualified to own a registered Nigerian ship-
(a) a transfer of the ship shall be made by a bill of sale in the manner provided by this Part; and the bill of sale, when duly executed, and the certificate of sale shall be produced to the appropriate officer at the place at which the ship is sold, and that officer shall, upon the production, endorse and sign on the certificate of sale a memorandum of the fact of the sale of the ship and shall immediately notify the Registrar at the ship’s port of registry;
(b) the ship shall be registered anew in Nigeria in the manner provided by this Part of this Act or in any other country in the manner provided by the law of that country; and
(c) the Registrar at the ship’s former port of registry in Nigeria, upon receipt from the Registrar at the port at which the ship is registered a new certificate of sale and the ship’s former certificate of registration on each of which is endorsed an entry of the fact of the sale, shall enter the sale of the ship in the register and the registration of the ship in that Register shall be considered as closed, except as far as relates to any unsatisfied mortgages or existing certificates of mortgage entered in the register.
(2) If a ship registered in Nigeria is sold in exercise of a power conferred by a certificate of sale, granted under this Part of this Act, to persons not qualified to own a registered Nigerian ship-
(a) the certificate of sale and the certificate of registration shall be produced to the appropriate officer at the place at which the ship is sold and the officer shall retain those certificates and endorse and sign on each of the certificate a memorandum of the fact that the ship had been sold to persons not qualified to own a registered Nigerian ship;
(b) the appropriate officer making the endorsements required by paragraph (a) of this subsection shall forward the certificates of sale and registration, each being duly endorsed, to the Registrar at the ship’s port of registry;
(c) the Registrar at the ship’s port of registry, upon receipt of the certificates of sale and registration each being endorsed in accordance with paragraphs (a) and (b) of this subsection, shall make an entry of the sale in his register and the registration of the ship shall be considered as closed, except as far as it relates to any unsatisfied mortgages or existing certificate of mortgage entered in the register; and
(d) if default is made in the production of the certificates mentioned in this subsection, the persons to whom a ship is sold shall be considered to have acquired no title to, or interest in, the ship, and the person on whose application the certificate of sale was granted, and the person exercising the powers conferred thereby, commits an offence under this Act and on conviction is liable to a fine not less than one hundred thousand naira.
(3) If no sale is made in exercise of the powers conferred by a certificate of sale granted under this Part of this Act, that certificate shall be delivered to the Registrar by whom it was granted, and that Registrar shall upon the delivery to him of the certificate cancel the certificate and enter the fact of the cancellation in the register and every certificate so cancelled shall be void.
PARTVI
Maritime Liens
67. Sources of maritime liens
The following claims shall be secured by maritime liens on the ship:
(a) wages and other sums due to the master, officers and other members of the ship’s complement in respect of their employment on the ship;
(b) disbursements of the master on account of the ship;
(c) claims in respect of loss of life or personal injury occurring whether on land or on water in direct connection with the operation ofthe ship;
(d) claims for salvage, wreck removal and contribution in general average;
(e) claims for ports, canal and other waterways, dues and pilotage dues.
68. Priority of maritime liens
The maritime liens listed in section 67 have priority over mortgages and preferential rights registered under this Act or which arise under the law relating to bankruptcy or any other law and no other claim shall have priority over the maritime liens listed except as provided in this Act.
69. Order of priority of maritime liens
(1) The maritime liens listed in section 67 of this Act, shall rank in the order in which they appear in that section except that the liens contained in section 67 (1) (d) take priority over all others if the others were registered prior to the time when the operations giving rise to the liens contained in the said section 67 (1) (d) were performed.
(2) Claims for contribution on general average shall be deemed to have accrued on the date on which the general average act was performed and claims for salvage shall be deemed to have accrued on the date on which the salvage operation was terminated.
70. Rights of ship builder and ship repairer
(1) Notwithstanding any other law relating to the priority of liens, the lien or right of retention which-
(a) a ship builder may have to secure claims for the building of the ship;
( b) a ship repairer may have to secure claims for the repairs of the ship, shall be postponed to all maritime liens set out in section 67 of this Act, but may be preferred to registered mortgages or preferential rights as long as the ship remains in his possession.

(2) For the purposes of this Act the liens or right of retention referred to in subsection (1) of this section is extinguished where the ship builder or ship repairer ceases to be in possession of the ship.
71. Overriding nature of maritime lien
(1) The maritime liens set out in section 67 of this Act arise whether the claims se- cured by the liens are against the owner or against the demise or other charterer, manager or operator of the ship.
(2) Subject to the provisions of section 75 of this Act, the maritime liens securing the claims set out in section 67 of this Act, remain attached to the ship notwithstanding any change of ownership or of registration of the ship.
72. No lien attaching to claims related to oil pollution or radio-active material
No maritime lien which arises out of or results from oil pollution or the radio-active properties or a combination of radio-active properties with toxic, explosive or other hazardous properties of nuclear fuel or of radio-active product or waste shall attach to a ship for the purpose of securing any claim set out in section 67 (1) (c) of this Act.
73. Extinguishing period for maritime liens
The maritime liens set out in section 67 of this Act, shall be extinguished after a period of one year from the time when the claims secured by the lien arose, unless prior to the expiry of the period the ship was arrested and the arrest led to proceedings for a forced sale.
74. Interpretation of limitation period

Prior to the forced sale of a ship, the court shall cause at least thirty days’ written notice of the time and place of the sale to be given to-
(a) all holders of registered mortgages and of other preferential rights which have not been issued to the bearer;
(b) the holders of registered mortgages and rights issued to the bearer and to the holders of the maritime liens set out in section 67 of this Act, whose claims have been notified to the officers;
(c) the Registrar of Ships.

75. Effects of forced sale of ship
(1) In the event of the forced sale of a ship, all mortgages and preferential rights, except those assumed by the purchaser with the consent of the holders, and all liens and other encumbrances of whatsoever nature shall cease to attach to the ship.
(2) No charter patty or contract for the use of the ship shall be deemed a lien or enumbrance for the purposes of this section.
76. Proceeds of sale
The costs awarded by a court and arising out of the arrest and subsequent sale of a ship and the distribution of the proceeds shall first be paid out of the proceeds of the sale and the balance shall be distributed among the holders of-

(a) maritime liens under section 67 of this Act;
(b) preferential rights under section 70 of th is Act; and
(c) mortgages and other preferential rights registered under this Part of this Act, in accordance with the provisions of this Part of this Act and to the extent necessary to satisfy the claims of the holders.

77. Certificate of sale by court
(1) Where a ship registered in any foreign country has been the subject of a forced sale in Nigeria and the proceeds of the forced sale have been distributed in accordance with section 76 of this Act, the court shall, at the request of the purchaser, having ascertained that the provisions of this Part of this Act have been complied with, cause to be issued, a certificate to the effect that the ship is sold free of all mortgages and all liens and other encumbrances, except those assumed by the purchaser.
(2) Upon production by the purchaser of a ship under subsection (1) of this section, of a certificate described in that subsection relating to any ship registered under this Act, the Registrar shall delete all registered mortgages and other preferential rights except those assumed by the purchaser and register the ship in the name of the purchaser or issue a certificate of de-registration as the case may be.

PART VII

Transfers and Transmissions
78. Transfer by bill of sale
(1) Where a ship or any share in the ship registered in Nigeria is disposed of to person qualified to own a registered Nigerian ship, they shall be transferred by a bill of sale.
(2) The bill of sale shall contain such description of the ship as is contained in the surveyor’s tonnage certificate or other description sufficient to identify the ship to the satisfaction of the Registrar, and shall be in such form as may be approved by the Minis- ter and executed by the transferor in the presence of one witness at least and the witness shall add his occupation and address after his signature.
79. Registry of transfer
(1) Where a ship registered in Nigeria or any share in the ship, is transferred, the transferee shall not be registered as owner of the ship or share until he or in the case of a corporation, the person authorised by this Act to make declarations on behalf of the corporation, makes and signs a declaration referring to the ship, (in this Part referred to as a “declaration of transfer”).
(2) A declaration of transfer shall be in the form approved by the Minister.
(3) Every bill of sale for the transfer of a ship registered in Nigeria, or a share in the ship shall, when duly executed, be produced to the Registrar at the ship port’s of registry, with the declaration of transfer; and the Registrar shall upon the production, enter in the register the name of the transferee as the owner of that ship or share, and shall endorse on the bill of sale the fact that the entry has been made, with the date and time of the entry.
(4) Bills of sale of a ship, or of a share in the ship shall be entered in the register in the order of their production to the Registrar.
80. Transmission of property in ship on death, bankruptcy, etc.

(1) When the property in a ship registered in Nigeria, or any share in the ship, is transmitted to a person qualified to own a registered Nigerian ship on the death or bankruptcy of any registered owner, or by any lawful means other than by a transfer under this Act-

(a) the person shall authenticate the transmission by making in a form approved by the Minister and by signing a declaration (in this Part referred to as a “declaration of transmission”) statement for the share required to be contained in the declaration of transfer or as near to it as circumstances permit and also a statement of the manner in which, and the person to whom, the property has been transmitted;
(b) the declaration of transmission shall, if the transmission is consequent on death be accompanied by a grant of probate or letters of administration in the estate of the deceased owner, proof of survivorship to the satisfaction of the Registrar; and
(c) the declaration of transmission shall, if the transmission is consequent on bankruptcy, be accompanied by such evidence as is for the time being receivable in any court in Nigeria as proof of the title of persons claimed under a bankruptcy.
(2) The Registrar, on receipt of the declaration of transmission so accompanied, shall-
(a) enter in the register the name of the person entitled under the transmission as owner of the share in the ship the property in which has been transmitted; and
(b) where there is more than one person entitled, enter the names of all those persons, but those persons however numerous shall, for the purpose of ownership in the register be considered as one person.
81. Order for sale on transmission to unqualified person

(1) Where the property in a ship registered in Nigeria, or a share in the ship, is trans- mitted on death, or bankruptcy or otherwise to persons not qualified to own a registered Nigerian ship, a court of competent jurisdiction may, on application by or on behalf of the unqualified persons, order a sale of the property so transmitted, and direct that the proceeds of the sale, after deducting the expenses of the sale, be paid to the persons entitled under the transmission or otherwise as the court may direct.

(2) The court may require any evidence it thinks requisite in support of the application,and may make the order on such terms and conditions as the court thinks just, or may refuse to make the order, and generally act in the case as the justice of the case requires.

(3) Every application for sale under this section, shall be made within thirty days after the occurrence of the event on which the transmission took place, or within such further time, not exceeding one year from the date of the occurrence, as the court may allow.
82. Transfer or sale of ship by order of court
When a court of competent jurisdiction, whether under this Act or otherwise, orders the sale of any ship or share in the ship, the order shall contain a declaration vesting in a person named in the order, the right to transfer that ship or share; and the person so named shall upon receiving the right be entitled to transfer the ship or share in the same manner and to the same extent as if the person were the registered owner of the ship or share and every Registrar shall obey the requisition of the person so named as if that person were the registered owner.
PART VIII
Certificate of Competency of Masters and Crew
83. Regulations regarding manning and qualifications of persons serving in Nigerianship
(1) The Minister may make such regulations as he considers necessary or expedient for the manning requirements for Nigerian ships, qualifications of officers and seamen of the ships and for matters connected with the manning and qualification and without prejudice to the generality of such powers, the Minister may make regulations-
(a) determining the categories of Nigerian ships by reference to their tonnage capacity, the nature of their cargo and the trading areas or voyages in which they are engaged;
(b) with respect to the manning requirements in relation to such classes or descriptions of ships as may be prescribed, trading in such areas as may be prescribed, and in particular requiring ships to carry such number of qualified officers of any description, qualified doctors and qualified cooks and such number of other seamen or qualified seamen of any description as may be specified in the regulations;
(c) prescribing conditions as to the nationality of a person for service on board a Nigerian ship or any ship engaged in local trade in Nigerian waters;
(d) requiring that in any case a ship shall be under the charge of a properly certificated master and that watches at sea and in port shall always be kept by appropriately qualified officers;
(e) requiring officers and seamen and other persons performing prescribed functions in relation to the operation and maintenance of ships to be holders of certificates of competency, proficiency, qualification, authorisation or otherwise and to satisfy such other conditions as may be prescribed, including conditions as to nationality and providing for the grant, revocation, extension, validation, suspension, endorsement or variation and the form and recording of the certificates;
(f) relating to the holding and conduct of examinations for the certificates, the qualifications of candidates for such examinations and the qualifications of the examiners and the appointment, removal, re-appointment and the remuneration of the examiners, the fees for the examinations, and all such matters as the Minister may think necessary or expedient for the purpose of such examinations;
(g) providing for the exemption of persons with prescribed qualifications or ex- perience from the whole or parts of examinations for the certificates;
(h) providing for the programmes of training and the curricula of study to be fol- lowed in the training of seafarers;
(i) providing for the establishment, maintenance and operation of schools for the training of persons for certification as seafarers, and designating, from time to time, of institutions as recognised or affiliated places of training;
(j) prescribing the manner in which enquiries may be instituted before a tribunal appointed under this Act, the procedure to be followed in the conduct of such proceedings and matters incidental to or consequential on the proceedings;

(k) prescribing medical examinations, hours of work, safe working conditions and any other matter which may be, or is required by this Act to be prescribed.
(2) Regulations made pursuant to subsection (1) of this section may, in respect of the breach of any provisions of the Regulations provide penalties not less than one hundred thousand naira or imprisonment for a term not exceeding two years or both.

84. Power to exempt ship
The Minister may exempt any ship or class of ships from the requirements of any regulation made under section 83 of this Act and the exemption shall be confined to a particular period or to one or more particular voyages.

85. Approval of foreign certificate
(1) The Minister may approve in writing, a certificate of competency issued in accor- dance with any law in force in such country as may be prescribed, and any certificate so approved shall remain approved as long as it remains valid in that country.

(2) Where a person holding a certificate referred to in subsection (1) of this section is desirous of serving on a Nigerian ship as master, deck officer or engineer, the Minister may direct that the person-
(a) where he is a citizen of Nigeria, be granted a certificate of equivalent grade under this Act;
(b) where he is not a citizen of Nigeria, be issued with a licence, authorising that person to serve on a Nigerian ship in the same capacity as if the certificate had been granted under this Act, subject to such conditions as the Minister may Impose.
(3) A licence issued under subsection (2) of this section, shall-
(a) during the currency of the licence have the same force as a certificate of competency granted under this Act and may be cancelled or suspended for like reason;
(b) be valid for a period of five years from the date of issue, and may be renewed upon such conditions as may be prescribed by the Minister.

86. Tribunal of Inquiry
The Minister may from time to time appoint a Tribunal of Inquiry of not less than three or more than five persons at least one of whom shall be a ship’s senior officer, to enquire in accordance with such provisions as may be prescribed, into any question whether a seafarer-
(a) is suffering from any habit or any mental or physical condition which renders him unfit to be a seafarer;
(b) is guilty of dishonesty, incompetence or misconduct in the performance of his functions as a seafarer;
(c) procured his certificate of competency as a result of any misleading, false or fraudulent misrepresentation, and the Tribunal appointed pursuant to this section shall, in respect of the matter enquired into, make such recommendations as it thinks fit to the Minister.

87. Tribunal may recommend cancellation, etc., of a certificate
Where a Tribunal holding a formal investigation under this Act, into a shipping casualty finds that loss of life or loss or abandonment of, or serious damage to, any ship has been caused by the wrongful act or default of a seafarer who holds a certificate issued or approved under this Act, the Tribunal may recommend to the Minister that the certificate be cancelled or suspended, or that the approval be withdrawn, as the case may be.
The Minister, acting on a recommendation made by a Tribunal under this Act, and consequent on conviction of a seafarer for such offence as may be prescribed by instru- ment in writing may-

(a) cancel or suspend a certificate and order that it be surrendered at such place and within such time as the Minister may direct; or
(b) withdraw the approval indefinitely or for such temporary period as the Minister may specify in the instrument.
89. Appeals against cancellation, etc., of certificate
(1) Any person who is aggrieved by an order of the Minister under section 88 of this Act, cancelling or suspending a certificate, or withdrawing an approval under this Act, may, subject to subsection (3) of this section, appeal to the court against the order within such time and in such manner as may be prescribed.
(2) The court may-
(a) dismiss the appeal and confirm the order;
(b) allow the appeal and set aside the order;
(c) vary the order as it thinks fit; and

(d) where the matter had been enquired into by a Tribunal, allow the appeal and direct that the matter be re-heard by the same Tribunal or by another Tribunal appointed under section 86 of this Act.
90. Offences
(1) A person who–
(a) serves as a seafarer on board a Nigerian ship without being the holder of a valid certificate appropriate to the category in which he is engaged to serve; or
(b) on his own account or acting in the capacity of an agent, engages any person as a seafarer without taking all necessary steps to ascertain whether the person is the holder of a valid certificate appropriate to that category, commits an offence under this Act and on summary conviction is liable to a fine not exceeding twenty-five thousand naira or to imprisonment for a term not less than two years or to both.

(2) For the purpose of paragraph (b) of subsection (1) of this section, where it is established that a seafarer is engaged to serve in any category without being the holder of a valid certificate appropriate to that category, the onus shall be on the person who engaged that seafarer to prove that he has taken all necessary steps to ascertain that the seafarer was at the time when he was engaged, the holder of a valid certificate appropriate to the capacity in which he is engaged to serve.
(3) A person who–
(a) makes or procures or assists in making any false representation for the purpose of obtaining for himself, or for any other person any certificate or any certified copy of the certificate; or
(b) forges, assists in forging or procures the forging of the certificate or copy of the certificate;
(c) fraudulently alters or assists in the fraudulent alteration of the certificate or copy, or procures it to be fraudulently altered; or
(d) fraudulently makes use of any certificate or copy of the certificate that is forged, altered, cancelled, or suspended or to which he is not entitled; or
(e) fraudulently lends his certificate to, or allows it to be used by, any other person; or
(f) makes or has in his possession any document so closely resembling the certifi- cates as to be calculated to deceive, commits an offence and is liable on summary conviction to a fine not less than twenty- five thousand naira or to imprisonment for a term not exceeding two years, or to both.
(4) A person who-
(a) not being the holder of a valid certificate; or
(b) during a period when his certificate is suspended or approval of his certificate is withdrawn, as the case may be, takes or uses any title, addition or description implying or calculated to lead persons to believe that he is entitled to serve as a seafarer on a Nigerian ship, commits an offence and on conviction, is liable to a fine not less than twenty thousand naira or to imprison- ment not exceeding one year or to both.
(5) Any seafarer who, without reasonable cause, fails to comply with a direction of the Minister to surrender his certificate commits an offence and on conviction is liable to a fine not less than fifty thousand naira.

PART IX

Employment of Seamen

91. Seafarer Services Office, NMLA No. 46 of2003

(1) There shall be established an office to be known as Seafarer Services Office which shall have in other places Seafarer Services Sub-offices at which shall be con- ducted all the business as within Nigeria, connected with the engagement and discharge of seamen on board Nigerian ships.

(2) There shall be appointed an officer of seamen and such other officers as may be necessary for service in the Office or Sub-offices.

(3) Any act done by or to or before, any other officer pursuant to subsection (2), within the powers conferred upon him by the superintendent of Seafarer Services Office shall have the same effect as if done by, to or before the superintendent.

(4) No seaman shall-

(a) except with the approval of the Seafarer Services Office, be engaged to do duty on board a Nigerian or foreign ship provided that in the case of a foreign ship seamen may be engaged before a Consular Officer resident in Nigeria representing the flag of the foreign ship;
(b) be engaged to do duty on board any Nigerian ship unless the seaman has pro- duced to the superintendent a certificate of discharge from the seaman’s last ship or failing production of the certificate the seaman has given a satisfactory explanation to the superintendent of the cause of the non-production.

(5) Any person who without reasonable cause engages a seaman in contravention of this section commits an offence and on conviction is liable to a fine not less than fifty thousand naira.

92. Functions of superintendent
The functions of the superintendent are to-
(a) conduct any business connected with the engagement and discharge of all persons who serve on board Nigerian ships and all seamen who are citizens of Nigeria and serve on foreign ships;
(b) afford facilities for engaging and discharging seamen by keeping registers of the names and conduct of-

(i) seamen who apply to him for engagement;
(ii) seamen shipped or discharged by him;
(iii) seamen who produce continuous discharge certificates in proof of service in foreign or Nigerian ships;
(iv) seamen who serve in Nigerian ships;
(c) cause copies of the certificates referred to in paragraph (b) (iii) to be kept at his office;
(d) perform such other duties relating to seamen, apprentices and ships as are by or in pursuance of this or any other enactment relating to shipping entrusted to him.

Agreements for Sea Service

93. Agreement with crew

(1) The Minister may make regulations relating to the making of agreements between the master and crew of a Nigerian ship.

(2) The master of every Nigerian ship, except a ship of less than 80 tons exclusively employed in trading within such limits as may be prescribed, shall enter into an agree- ment, in accordance with this Part of this Act, with every seaman whom he carries to sea from any port in Nigeria.

(3) The master in the case of a foreign ship, and the owner and master in the case of any other ship or a Nigerian ship, who carries any seaman to sea without entering into an agreement with the seaman in accordance with this Part, commits an offence and on conviction is liable to a fine not less that one hundred thousand naira.
94. Form, period and conditions of agreement

(1) An agreement made by the master of a ship with a crew member shall be in the prescribed form and shall be dated at the time of the signature of the agreement and signed by the master before the crew member signs same.

(2) The agreement made under subsection (1) of this section, may be for a definite period or for a voyage or for an indefinite period and shall state clearly the respective rights and obligations of each of the parties.

(3) An agreement under this section shall contain the–
(a) surname and other names of the seaman, the date of his birth or his age and his birth place;
(b) place at which and date on which the agreement was completed;
(c) name of the vessel or vessels on board which the seaman undertakes to serve;
(d) nature and, as far as practicable, the duration of the intended voyage or engagement, or the maximum period of the voyage or engagement, and the places or parts of the world, if any, to which the voyage or engagement is not to extend;
(e) number and description of the crew, specifying how many are engaged as sailors;
(f) capacity in which the seaman is to serve;
(g) time at which the seaman is to be on board or to begin work;
(h) welfare and necessities of life for good health provided for each seaman;
(i) wages which the seaman is to receive;
(j) termination of the agreement and the conditions for the termination of the agreement such as-
(i) if the agreement was made for a definite period, the date fixed for its expiry;
(ii) if the agreement was made for a voyage, the port of destination and the time which has to expire after arrival of the ship before the seaman is discharged;

(iii) if the agreement was made for an indefinite period, the conditions which entitle the parties to rescind the agreement as well as the required period of notice for rescission; so however that the period shall not be less for the ship owner than for the seaman;
(k) annual leave with pay granted to the seaman after one year’s service with the same shipping company; (f) any regulations as to conduct on board and as to fines, short allowance of provisions or other lawful punishment for misconduct which have been approved by the Minister as regulations proper to be adopted and which the parties agree to adopt.
95. Provisions for termination

An agreement entered into for a voyage, for a definite period, or for an indefinite period shall be duly terminated by-

(a) the mutual consent of the parties;
(b) the death of the seaman;
(c) the loss or total unseaworthiness of the vessel;
(d) any other circumstance that may be provided by law.

96. Special provisions as to agreement with crew of sea-going ship
(1) The special provisions in this section shall have effect with respect to the agree- ments made in Nigeria with the crew of sea-going ships.
(2) The agreement shall, subject to the provisions of this Act as to substitutes, be signed by each seaman in the presence of the superintendent.
(3) The superintendent shall cause an agreement under this section to be read over and explained to each seaman, or otherwise ascertain that each seaman understands the agreement before the seaman signs it and the superintendent shall attest to each signature of the seaman.
(4) When the crew is first engaged, an agreement under this section shall be signed in duplicate, and one part retained by the superintendent, and the other shall be delivered to the master and shall contain a special place for the descriptions and signatures of substitutes or persons engaged subsequent to the first departure of the ship.
(5) When a substitute is engaged in the place of a seaman who duly signed the agreement made before the superintendent and whose services are, within twenty-four hours before the ship puts to sea, lost by death, desertion or other unforeseen cause, the master shall before the ship puts to sea, if practicable, and if not, as soon afterwards as possible, cause the agreement to be read over and explained to the substitute, and the substitute shall upon the agreement being read to him sign the agreement in the presence of a witness, and the witness shall attest to the signature of the substitutes.
(6) The agreement may be made for a voyage or, if the voyages of the ship average less than six months in duration, may be made to extend over two or more voyages and any agreement so extended shall be referred to as a “running agreement”.

(7) A running agreement shall not be for a period longer than six months, or the first arrival of the ship at the ship’s port of destination in Nigeria after the expiration of that period, or the discharge of cargo consequent on the arrival.

(8) On every return to a port in Nigeria before the final termination of a running agreement, the master shall make an endorsement on the agreement as to the engage- ments or discharges made or intended to be made before the ship leaves port or that all those made were made as required by law.

(9) A master who wilfully makes a false statement in an endorsement referred to in subsection (8) of this section commits an offence and on conviction is liable to a penalty not less than one hundred thousand naira.

(10) The master of the ship shall deliver the running agreement endorsed to the su- perintendent, who shall, if the provisions of this Part relating to agreements have been complied with, sign the endorsement and return the agreement to the master.

97. Special provisions as to agreement with crew of a ship other than a sea-going ship
(1) The provisions of this section shall have effect with respect to an agreement made with the crew of a ship in Nigeria other than a sea-going ship, for which an agreement with the crew is required in this Part of this Act.

(2) An agreement under this section may be made for service in a particular ship or for service in two or more ships belonging to the same owner, but, in the latter case, the nature of the service shall be specified in the agreement.
(3) The crew or individual seaman shall be engaged before the superintendent in the same manner as they are required to be engaged for sea-going ships.

(4) An agreement under this section for service in two or more ships belonging to the same owner may be made by the owner instead of the master, and the provisions of this Act with respect to the making of the agreement shall apply accordingly.

(5) An agreement shall not be for a longer period than six months, or the first arrival of the ship at her final port of destination in Nigeria after the expiration of the period, or the discharge of cargo consequent on the arrival.

(6) The owner of a ship or his agent may enter into a time agreement in the pre- scribed form with a seaman to serve in anyone or more ships belonging to the owner and the agreements may not necessarily expire at the time of the ship’s agreement with the crew.

98. Fees upon engagement and discharge
(1) The fees payable upon an engagement and a discharge shall be as prescribed by the appropriate authority.
(2) The superintendent shall cause a scale of the fees, together with a copy of this section to be conspicuously exhibited in the Seafarer Services Office and may require the payment of the fees before proceeding with any engagement or discharge.
(3) The master of a ship who engages or discharges any seaman at the Seafarer Services Office shall pay to the superintendent the whole of the prescribed fees.

99. Changes in crew of sea-going ships to be reported
(1) The master of every sea-going ship whose crew was engaged before the superin- tendent shall, before finally leaving Nigeria, sign and send to the nearest superintendent, a full and accurate statement in the prescribed form, of every change which takes place in his crew before finally leaving Nigeria, and that statement shall be admissible in evidence.
(2) A master who fails without reasonable cause to comply with the provisions of this section commits an offence and on conviction is liable to a fine not less than one hundred thousand naira.
100. Certificate as to agreement with crew of sea-going ship
(1) In the case of a sea-going Nigerian ship, on the due execution of an agreement with the crew in accordance with this Part of this Act, and where the agreement is a run- ning agreement, in compliance by the master, before the second and every subsequent voyage made after the first commencement of the agreement with the provisions of this Part respecting that agreement, the superintendent shall grant the master of the ship a certificate to that effect.

(2) The master of every sea-going Nigerian ship shall, before proceeding to sea, pro- duce to the superintendent the certificate granted him under subsection (1) of this section and any such ship may be detained until the conditions precedent to the grant of the certificate exist.
(3) The master of every sea-going Nigerian ship shall, within forty-eight hours after the ship’s arrival at the ship’s final port of destination in Nigeria or upon the discharge of the crew, whichever first happens, deliver his agreement with the crew to the superintendent and the superintendent shall give the master a certificate of the delivery.

(4) A master of a ship who fails, without reasonable cause to deliver the agreement with the crew to the superintendent commits an offence and on conviction is liable to a fine not less than fifty thousand naira.

101. Certificate as to agreement with the crew of a ship other than a sea-going ship

(1) The owner or master of a Nigerian ship, which is not a sea-going ship shall, within twenty-one days after expiration of an agreement with the crew or within forty- eight hours of the ship’s next arrival in Nigeria, whichever first happens, deliver or transmit the agreement to the superintendent in Nigeria.
(2) The superintendent, on receiving an agreement under subsection (1) of this sec- tion, shall give the owner or master of the ship a certificate to that effect, and the ship may be detained until the conditions precedent to the grant of the certificate exist.
(3) Any such owner or master who fails, without reasonable cause, to comply with this section shall be guilty of an offence and on conviction shall be liable to a fine not less than twenty thousand naira.
102. Copy of agreement not to be made accessible
(1) The master of every Nigerian ship to which the provisions of section 93 of this Act apply, shall at the commencement of any voyage or engagement, cause a legible copy of the agreement with the crew without the signatures of the crew to be posted up in a part of the ship which is accessible to the crew.

(2) Any master who fails, without reasonable cause, to comply with this section com- mits an offence and on conviction is liable to a fine not less than fifty thousand naira.
103. Forgery, etc., of agreement with crew
(1) A person who fraudulently alters, makes any false entry in or delivers a false copy of any agreement with the crew to the superintendent commits an offence and on conviction is liable to a fine not less than five hundred thousand naira, or to imprisonment for a term not less than two years or both.
(2) A person who assists in committing, or procures to be committed, any offence under this section, commits an offence and on conviction is liable to a fine not less than fifty thousand naira or to imprisonment for a term not less than two years, or both.
104. Alterations in agreement with crew
Every erasure, interlineation or alteration in any agreement with the crew, except additions made for the purpose of shipping substitutes or persons engaged after the first departure of the ship, shall be wholly inoperative unless proved to have been made with the consent of all the persons interested in the erasure, interlineation or the alteration by the written attestation of the superintendent or appropriate officer.
105. Seaman not to be bound to produce agreement
In any legal or other proceedings, a seaman may bring forward evidence to prove the contents of any agreement with the crew or otherwise to support his case without producing, or giving notice to produce, the agreement or any copy of the agreement.
Agreement with Local Seamen
106. Engagement of Local Seamen
( 1) Where in the case of seamen engaged in Nigeria who are nationals of or are domiciled in Nigeria it is agreed that the engagement of the seamen shall end at any port not in Nigeria, the agreement shall contain such stipulations as may be prescribed by the Minister from time to time.
(2) Every stipulation under subsection (1) of this section shall be signed by the owner of the vessel or by the master on his behalf.
107. Engagement between masters of foreign ships and local seamen

(1) Where the master of a foreign ship at any port in Nigeria engages seamen who are nationals of or are domiciled in Nigeria to proceed to any port not in Nigeria, he shall, save in any case provided for in subsection (3) of section 94 of this Act, enter into an agreement with the seamen and the agreement shall be made before the superintendent in the manner provided for the making of agreements in the case of sea-going ships.
(2) The provisions of section 106 of this Act respecting the stipulations to be con- tained in agreements under this section, and the making and signing of the same shall be applicable to the engagement of the seaman.
(3) The master of any foreign ship shall, if so required by the superintendent, give to the superintendent a bond with the security of a person resident in Nigeria and approved by the superintendent for every such seaman and conditioned for the due performance of the agreement and any prescribed stipulations and for the repayment to the Government of Nigeria of all expenses which it may incur in respect of any such seaman who is discharged or left behind at any port out of Nigeria, and becomes distressed, and is relieved under the provisions of this Act.
108. Penalty for breach
Any master of foreign ships who engages any seaman who is domiciled in Nigeria otherwise than in accordance with this Part of this Act commits an offence and on con- viction is liable to a fine not less than one hundred thousand naira for every such seaman so engaged.
109. Inspection of foreign ships in connection with engagement of local seamen
The superintendent may enter on board any foreign ship for the purpose of ascertaining that the requirements of section 107 of this Act have been complied with in respect of any seaman domiciled in Nigeria and engaged in Nigeria to proceed in the ship to any port not in Nigeria; and for these purposes, the superintendent shall have all the powers of an inspector under this Act.
Discharge of Seamen
110. Procedure on discharge of seamen, etc.

(1) The master of a ship shall not discharge any seaman from any foreign ship in Nigeria without the approval of the superintendent or of the consular officer, if any, representing the nation to which the ship belongs, and unless due provision is made for the subsistence and maintenance of the seaman to the satisfaction of the consular officer.
(2) A master of a ship who discharges a seaman in contravention of subsection (I) of this section commits an offence and on conviction is liable to a fine not less than two hundred thousand naira.
(3) The provisions of subsection (1) of this section shall not apply in respect of any seaman who was engaged in Nigeria or any seaman who, being a Nigerian citizen or a foreign citizen domiciled in Nigeria, is discharged in accordance with the terms of his agreement.
(4) The master of a ship shall not, except with the approval of the superintendent, discharge a seaman from any Nigerian ship, in any place other than at the Seafarer Services Office.

(5) Whenever any seaman is discharged at the Seafarer Services Office from any ship within Nigeria, the master of the ship shall give to the seaman at the time of the discharge, a written certificate specifying the time and nature of service and the time and place of discharge of the seaman, signed by the master and if the master fails to do so, he commits an offence and on conviction is liable to a fine not less than one hundred thousand naira.
(6) The master of a ship shall upon the discharge of a certificated officer whose cer- tificate of competency was delivered to and retained by the master return the certificate to the officer and if the master, without reasonable cause, fails to return the certificate, he commits an offence and on conviction is liable to a fine not less than one hundred thousand naira.
(7) The master of a foreign ship or other person belonging to a foreign ship who wrongfully forces on shore and leaves behind, or otherwise wilfully leaves behind in Nigeria, any seaman or cadet belonging to the ship before the completion of the voyage for which the seaman or cadet was engaged, commits an offence and on conviction is liable to a fine not less than one hundred thousand naira or to imprisonment for a term not less than one year or to both.
111. Report of seaman’s character
(1) When a seaman is discharged before the superintendent, the master shall make and sign, in the prescribed form, a report of the conduct, character and qualifications of the seaman discharged, or may state in the form that he declines to give any opinion upon any or all of the particulars.
(2) The superintendent before whom a discharge under this section is made shall, if the seaman desires, give to the seaman or endorse on his discharge, a copy of the report.
112. Fake or forged certificate of report of character A person who-
(a) makes a false report of character under this Part of this Act, knowing the same to be false; or
(b) forges or fraudulently alters any certificate of discharge or report of character or a copy of a report of character or assists in committing or procuring the commission of any such offence; or
(c) fraudulently uses any certificate of discharge or report of character, or copy of a report of character, which is forged or altered or does not belong to him, commits an offence and on conviction is liable to a fine not less than two hundred thousand naira or to imprisonment for a term not less than two years or to both.

Special Provisions as to Seamen Leji Behind Abroad
113. Certificate of proper officer required where seaman left behind abroad
(1) The master of a Nigerian ship shall not leave a seaman or cadet behind at any place out of Nigeria on shore or at sea except where-
(a) a seaman is discharged in accordance with this Part of this Act; or
(b) the service of a cadet is terminated in accordance with his training agreement;
(c) the master previously obtains, endorsed on the agreement with the crew, the certificate of the appropriate officer at the port at which the seaman or cadet is left behind, stating the cause of his being so left behind, whether the cause be unfitness or inability to proceed to sea, desertion, disappearance or otherwise.
(2) An appropriate officer shall, when an application is made for his certificate under subsection (1) of this section, inquire into the grounds on which the seaman or cadet is to be left behind, and may for that purpose, if he thinks fit, administer oaths or affirmations, and grant or refuse the certificate as he thinks just; but the appropriate officer shall not unreasonably withhold the certificate.
(3) Where a seaman or cadet from a Nigerian ship is left behind at any place outside Nigeria on shore or at sea by reason of his desertion, absence without leave or failure to join the ship, the provisions of this Part of this Act and or the provisions of the First Schedule shall apply in respect of the seaman or cadet.
[First Schedule.]
(4) The master of a ship who fails to comply with the requirements of this Part, commits an offence in addition to any other liability under this Act, and on conviction is liable to a fine not less than one hundred thousand naira or to imprisonment for a term not less than two years, or to both.
(5) For the purposes of any proceedings under this section the burden of proving that the certificate was obtained, or could not be obtained without unreasonable delay to the ship, or was unreasonably withheld, shall lie on the master of a ship.
114. Account of wages in case of seaman left behind on ground of unfitness, etc.
(1) Where the master of a Nigerian ship leaves a seaman behind on shore at any port out of Nigeria on the ground of the seaman’s unfitness or inability to proceed to sea, the master shall deliver to the appropriate officer at the port, a full and true account of the wages due to the seaman and if the port is a port in a foreign country, the master shall deliver the account in duplicate.
(2) A master of a ship who fails to comply with the requirements of this section commits an offence and on conviction is liable to a fine not less than fifty thousand naira.
115. Payment of wages of seaman left behind on ground of unfitness, etc.
(1) Where a seaman is left behind at any port in a foreign country, on shore or at sea, the master shall pay the wages due to the seaman to the appropriate officer.
(2) Where payment is made to an appropriate officer in a foreign country, the officer shall retain one duplicate of the account delivered to him, and, if satisfied with the ac-count, endorse on the other duplicate a receipt for the payment and return the duplicate account to the master of the ship.
(3) The master of the ship shall-
(a) if the voyage of the ship is to terminate in Nigeria within forty-eight hours after the arrival of the ship at the ship’s port of destination in Nigeria;
(b) if in the course of the voyage the ship touches and remains for forty-eight hours at any port in Nigeria; or
(c) in any other case, within forty-eight hours after the ship’s arrival at the ship’s port of destination, deliver the duplicate account to the superintendent or appropriate officer at the port.
(4) Payment under this section shall be made, whenever it is practicable, in cash and when not so practicable, by bills drawn on the owner of the ship.
(5) Where payment is made by bills under this section-
(a) the appropriate officer shall certify by endorsing-
(i) on the bill that the bill is drawn for seamen’s wages;

(ii) on the agreement with the crew the amount for which the bill isdrawn; and
(iii) such further particulars as the Minister may require;
(b) if the bill is drawn by the master, the owner of the ship shall be liable to pay the amount to the holder or endorse the amount on the bill and it is not necessary, in any proceedings against the owner upon the bill, to prove that the master had authority to draw the bill;
(c) a bill purporting to be drawn and endorsed under this section shall, if produced out of the custody of the Minister or the superintendent, be admissible in evidence; and any endorsement on any bill purporting to be made in pursuance of this section shall also be admissible as evidence of the facts stated in the endorsement.
(6) A master of a ship who fails, without reasonable cause, to make the payment of wages provided for under this section, commits an offence and on conviction is liable to a fine not less than fifty thousand naira.
116. Application by appropriate officer of payments on account of seaman left be- hind in foreign country
Where the amount of wages due to a seaman left behind is, pursuant to section 115 of this Act, paid to an appropriate officer in a foreign country, the officer shall deal with the sum paid to him in the following manner:
(a) if the seaman subsequently obtains employment at or quits the port at which the payment has been made, deduct out of the sum any expenses incurred by the appropriate officer in respect of the maintenance of the seaman pursuant to this Part of this Act except such expenses as the owner or master is by this Part of this Act required to defray, pay the remainder to the seaman and deliver to the seaman an account of the sums so received and expended on his behalf;
(b) if the seaman dies before his ship quits the port, the appropriate officer shall deal with the sum as part of the property of a deceased seaman;
(c) if the seaman is sent to a proper return port at the public expense in accordance with this Act or any regulations made under this Act, the appropriate officer shall account for the sum to the Minister and the sum, after any expense duly incurred in respect of the seaman have been deducted except such expenses as the owner or master is by this Part required to defray, shall be dealt with as wages of the seaman.
117. Repatriation of seaman on termination of service at foreign port

(1) Where the service of a seaman or cadet belonging to a Nigerian ship terminates during the currency of the agreement at any port out of Nigeria, otherwise than by the consent of the seaman to be discharged, or otherwise than in accordance with the training agreement-

(a) the master of the ship shall, apart from complying with the other applicable provisions of this Part, make adequate provision in accordance with this Part for the maintenance of the seaman or cadet and for his return to a proper return port; and

(b) the appropriate officer shall endorse upon the agreement with the crew of the ship which the seaman or cadet is leaving the particulars of any provision so made.
(2) If the master fails, without reasonable cause, to comply with the requirements of subsection (1) of this section, the expenses of maintenance and of return to the proper return port shall-
(a) if defrayed by the seaman or cadet, be recoverable as wages due to the seaman; and
(b) if defrayed by the appropriate officer or by any other person unless the seaman or cadet has been guilty of barratry, be a charge upon the ship to which the seaman or cadet belonged, and may also be recovered in the same manner as seaman’s wages are recoverable from-
(i) the owner of the ship for the time being, or

(ii) where the ship has been lost, the person who was the owner of the ship at the time of the loss, or
(iii) where the ship has been transferred to persons not qualified to own a registered Nigerian ship, the owners for the time being or the person who was the owner of the ship at the time of the transfer, at the suit of the person defraying the expenses or if the expenses have been repaid to that person out of moneys allowed by the Minister as a debt due to the Federal Government.
(3) When the master of a ship is required under subsection (1) of this section, to provide for the return of a seaman or cadet to a proper return port, the master may, instead of providing the seaman or cadet with-
(a) a passage or the expenses of his journey; or
(b) means to pay his passage or the expenses for his journey, deposit with the appropriate officer such sum as that officer considers sufficient to defray the expenses of the return of the seaman or cadet to a proper return port.

Distressed Seamen
118. Rules as to relief and maintenance of distressed seamen

(1) The Minister may make rules with respect to the relief, maintenance and return to a proper return port of masters of ships, seamen and cadets who are shipwrecked or found otherwise in distress at any place beyond the limits of Nigeria in this Act referred to as distressed seamen.

(2) Without prejudice to the generality of subsection (1) of this section, rules made pursuant to this section may make provisions-

(a) for such conditions as are deemed expedient with regard to the relief and maintenance of a distressed seaman and his return to a proper return port; and

(b) enabling the appropriate officer and in the case of expenses required to be incurred in Nigeria, the Minister or the superintendent, to defray any expenses properly incurred by or on behalf of any foreign country or by any person, in making arrangements for the return of a distressed seaman to a proper return port; and any expenses so incurred shall, for the purposes of this Part, be deemed to be expenses incurred on behalf of the distressed seaman.
(3) Save as provided by this Act or any other written law, a master, seaman or cadet shall not be relieved, maintained or sent to a proper return port except in the cases and to the extent and on the conditions provided by rules made or deemed to have been made pursuant to this section.

(4) All expenses paid under this Act by or on behalf of the Federal Government for the relief of a distressed seaman shall be charged upon the Consolidated Revenue Fund without further appropriation than this section, and all sums received or recovered towards those expenses shall be paid into the Fund.
119. Provisions for relief and maintenance of distressed or shipwrecked seaman
(1) Where a distressed seaman-
(a) whether or not he is a Nigerian citizen, is found at any place out of Nigeria discharged or left behind from any Nigerian ship or any Nigerian Government ship, or by reason of having been discharged or left behind from any such ship in any place out of Nigeria in distress in that place; or
(b) who is a Nigerian citizen who was engaged by any person acting as principal or agent to serve on a ship belonging to the Government or a subject or citizen ofa foreign country, is in distress in any place out of Nigeria, an appropriate officer shall, in accordance with and on the conditions prescribed by rules made or deemed to have been made pursuant to section 118 of this Act, provide in accordance with this Act, for the return of the distressed seaman to a proper return port.
(2) The appropriate officer shall provide for the seaman the necessary clothing and maintenance he would require until his departure to a proper port and in addition, in the case of a shipwrecked seaman, for the repayment of any expenses incurred in the conveyance of the distressed seaman to port after the shipwreck and his maintenance while being so conveyed.
120. Recovery of money advanced for distressed seaman
(1) Where any expenses, other than excepted expenses as defined by this section, are incurred by or on behalf of the Federal Government or are incurred by the Government of any foreign country and repaid to that Government by or on behalf of the Federal Government on account of any distressed seaman-
(a) for the maintenance, medical expenses, necessary clothing and conveyance of the distressed seaman to a proper return port; or
(b) in case of death of the distressed seaman for his burial, or otherwise in accor- dance with this Act, the expenses, together with the wages, if any, due to the distressed seaman, shall be charged upon the ship to which the distressed seaman belonged and shall be a debt due to the Federal Government from the master of the ship.
(2) For the purposes of subsection (1) of this section, the master of the ship includes-
(a) the owner of the ship for the time being; or
(b) where the ship has been lost, the person who was the owner of the ship at the time of the loss; or
(c) where the ship has been transferred to persons not qualified to own a registered Nigerian ship, the owners for the time being or the person who was the owner of the ship at the time of the transfer;

(d) in the case of a seaman or cadet who belonged to any foreign ship, the person, whether principal or agent, who engaged the seaman or cadet for service on the ship.

(3) The debt, in addition to any penalties which may have been incurred, may be re- covered by the Minister on behalf of the Federal Government in the court and in the manner in which wages may be recovered by seamen.
(4) In any proceedings for the recovery of debt under this section, the production of the account, if any, of the expenses furnished in accordance with this Act and proof of payment of the expenses by or on behalf of the Minister or by Minister’s direction, shall be sufficient evidence that the expenses were incurred or repaid under this Act by or on behalf of the Federal Government.
(5) For the purpose of this section, “excepted expenses” means-
(a) expenses incurred in cases where the certificate of the appropriate officer obtained on leaving a seaman or cadet behind states, or the Minister is otherwise satisfied, that the cause of the seaman or cadet being left behind is desertion, disappearance, imprisonment for misconduct or discharge from his ship by a naval court on the ground of misconduct; and

(b) expenses incurred on account of the return to a proper return port of a distressed seaman who has been discharged at the port at which he was shipped, or at some neighbouring port.

121. Mode of providing for return
(1) A distressed seaman may be sent to a proper return port by any reasonable route by land, sea or air or by any two or more of these modes of travel, in accordance with subsection (2) of this section.
(2) Provisions shall, where practicable, be made for the return of the distressed sea- man by sea as to the whole or any part of the route by-

(a) placing the seaman on board any ship which is in want of seamen to make up its complements;

(b) providing the seaman with a passage on any ship or with the money for his passage on any such ship; and
(c) as to any part of the route which is by land or by air, paying the expenses of the journey of the seaman and of his maintenance during the journey or providing him with means to pay those expenses.
122. Decision on questions as to return port
(1) If any question arises as to what return port a distressed seaman is to be sent, in any case or as to the route by which the seaman should be sent, that question shall be decided by the appropriate officer.
(2) In deciding a question in subsection (2) of this section, the appropriate officer shall-
(a) have regard to the provisions of this Act relating to the proper return port; and
(b) subject to the provisions of this Act, have regard to the convenience of the distressed seaman, the expense involved, and where that is the case, the fact that a ship, which is in want of seamen to make up its complement, is about to proceed to the proper return port.

123. Provisions as to taking distressed seaman on ship, etc.
(1) Where a distressed seaman is, for the purpose of his return to a proper return port, placed on board any ship, the appropriate officer of the country in which the ship is, shall endorse on the agreement with the crew, the name of the distressed seaman so placed on board together with any particulars directed to be endorsed on the agreement by the law of that country.
(2) Where a distressed seaman is provided with a passage on a ship and is not signed on as a member of the crew of the ship, on the production of-

(a) a certificate, signed by the appropriate officer by whose arrangements a distressed seaman to whom any rules made or deemed to have been made pursuant to section I 18 of this Act apply received on board any Nigerian ship, specifying the number and the names of the distressed seamen and the time when each of them was received on board; and
(b) a declaration in writing made by the master of the ship, before the superintendent or appropriate officer stating the number of days during which each distressed seaman has received maintenance, the master of the ship shall be paid, in respect of the maintenance and passage of each distressed seaman so conveyed, maintained and provided for by him and shall be paid such sum for each day or part of a day as is allowed by any rules made or deemed to have been made pursuant to section 118 of this Act.
124 Appropriate officer may require master of Nigerian ship to take seaman in distress
(1) The appropriate officer may, in the case of any distressed seaman to whom any rules made or deemed to have been made pursuant to section 118 apply, require the master of any Nigerian ship-
(a) to receive on board the distressed seaman or as the case may be the seamen or cadets to whom the request relates (in this section included in the expression “distressed seaman”); and
(b) to afford a distressed seaman passage and maintenance; so however that a master shall not be required to receive more than one distressed seaman for every five hundred tons of his ship’s tonnage.
(2) Where an appropriate officer requires the master of a ship to receive and afford a passage and maintenance to a distressed seaman the master of the ship shall endorse upon the agreement of the ship such particulars as are required by any rules made or deemed to have been made pursuant to section 118 of this Act or by the Minister.
(3) The master of a Nigerian ship who, pursuant to subsection (1) of this section, is required to receive and afford a passage and maintenance to any distressed seaman shall comply with the requirement and shall during the passage provide the distressed seaman with a proper berth or sleeping place, effectually protected against sea and weather.
(4) A master of a ship who fails, without reasonable cause, to comply with the provisions of subsection (3) of this section commits an offence and on conviction is liable to a fine not less than one hundred thousand naira.

Payment a/Wages

125. Payment of wages before superintendent
(1) Where a seaman is discharged before the superintendent, the seaman shall receive his wages which shall be paid by the owner or master of the ship to the superintendent through or in the presence of the superintendent unless otherwise directed by a court of competent jurisdiction.
(2) The owner or master of a ship who pays the wages of a seaman within Nigeria in any other manner than as provided under subsection (1) of this section, commits an offence and on conviction is liable to a finee not less than one hundred thousand naira.

126. Master to deliver account of wages
(1) The master of every ship shall, before paying off or discharging a seaman in Ni- geria, deliver at the time and in the manner provided by this Act a full and true account, in the prescribed form, of the seaman’s wages and of all deductions to be made from the seaman’s wages on any account whatever.
(2) The account to be delivered by the master of a ship under subsection (1) of this section, shall be delivered-
(a) where the seaman is not to be discharged before the superintendent, to the seaman himself not less than twenty-four hours before the seaman is discharged or paid off; and
(b) where the seaman is to be discharged before the superintendent, to the seaman himself at or before the time of the seaman leaving the ship but not less than twenty-four hours before the discharge or payoff.
(3) A master of a ship who fails, without reasonable cause, to comply with the provi- sions of this section commits an offence and on conviction is liable to a fine not less than one hundred thousand naira.
127. Deductions from wages
(1) The master of a ship shall not deduct from the wages of a seaman who is paid off or discharged in Nigeria unless the deduction is included in the account delivered in pursuance of section 126 of this Act or in respect of a matter happening after the delivery.
(2) The master shall, during each voyage, enter the various matters in respect of which deductions are made, with the amounts of the respective deductions, as they occur, in a book to be kept for that purpose, and shall, if required, produce the book at the time of the payment of wages, and upon a hearing before any competent authority, of any complaint or question relating to the payment.

128. Notice of disrating of seaman
(1) Where the master of a Nigerian ship disrates a seaman, he shall immediately enter or cause to be entered in the official log-book, a statement of the disrating and furnish the seaman with a copy of the entry.
(2) Any reduction of wages, consequent on the disrating of a seaman shall not take effect until the entry required under subsection (1) of this section has been made and the copy so furnished.
(3) Any reduction of wages consequent on the disrating of a seaman shall be deemed to be a deduction from wages within the meaning of sections 126 and 127 of this Act.
1 29. Time of payment of wages for sea-going ships

(1) The owner or master of a sea-going Nigerian ship, other than a ship employed on a voyage for which a seaman by the terms of his agreement is wholly compensated, by a share in the profits of the adventure shall-
(a) pay to each seaman on account, at the time when the seaman lawfully leaves the ship at the end of his engagement, one-fourth of the balance of wages due to him, and shall pay to the seaman the remainder of his wages within two clear days, exclusive of any Sunday or public holiday, after he so leaves the ship;
(b) if the seaman consents, leave the final settlement of the seaman’s wages to the superintendent, and the receipt of that officer shall, in that case, operate as if it were a release given by the seaman in accordance with this Part of this Act.
(2) In the event of the seaman’s wages or any part of the wages not being paid or settled in accordance with this section, and the delay is due to the act or default of the seaman or to any reasonable dispute as to liability or to any other cause which is not the wrongful act or default of the owner or master, the seaman’s wages shall continue to run and be payable until the time of the final settlement of the wages.

130. Time of payment of wages for Nigerian ship other than a sea-going ship
(1) The owner or master of every Nigerian ship, other than a sea-going ship, shall pay to each seaman his wages within two days after the termination of the agreement with the crew, or at the time when the seaman is discharged, whichever first occurs.

(2) If the owner or master of a ship fails, without reasonable cause, to make payment at the time prescribed under subsection (1) of this section, he shall pay to the seaman a sum not exceeding the amount of two days’ pay for each of the days during which payment is delayed but the sum payable shall not exceed ten days’ double pay.
(3) Any sum payable under this section may be recovered as wages.
131. Settlement of wages
(1) Where a seaman is discharged from a Nigerian ship and the settlement of his wages is completed before the superintendent, the seaman shall sign in the presence of the superintendent, a release in the prescribed form, of all claims in respect of the past voyage or engagement, and the release shall also be signed by the master or owner of the ship and attested to by the superintendent.
(2) A release signed and attested to under subsection (1) of this section, shall operate as a mutual discharge and settlement of all demands between the parties to the release in respect of the past voyage or engagement.
(3) A release under this section shall be retained by the superintendent and, on production from his custody, shall be admissible in evidence.
(4) Where the settlement of a seaman’s wages is, by this Part of this Act, required to be completed through, or in the presence of the superintendent, no payment, receipt or settlement made otherwise than in accordance with this Part shall operate or be admitted as evidence of the release or satisfaction of any claim.
(5) When payment is made by a master before the superintendent, the superintendent shall, if required, sign and give to the master a statement of the whole amount paid; and the statement shall, as between the master and his employer, be admissible as evidence that the master has made the payments mentioned in the statement.
(6) A seaman may except from the release signed by him under this section, any specified claim or demand against the owner or master of the ship, and a note to any claim or demand so excepted shall be entered upon the release.

(7) A release upon which an exception is entered shall not operate as a discharge or settlement of any claim or demand so noted, nor shall subsection (4) of this section apply to any payment, receipt or settlement made with respect to any such claim or demand.
132. Decision on wages by superintendent
(1) Where a question as to wages is raised between the master or owner of a ship and a seaman or cadet before the superintendent, and the amount does not exceed ten thousand naira, the superintendent may on the application of any party involved, decide the question and the decision of the superintendent shall be final; but if the superintendent is of opinion that the question is one which ought to be decided by a court, he may refuse to make a decision on it.
(2) Where any question of whatever nature and whatever amount in dispute, between a master or owner and any of the crew is raised before a superintendent and both parties agree in writing to submit the same to the superintendent, he shall hear and decide the question so submitted to him.
(3) An award made by the superintendent upon the submission shall be conclusive as to the rights of the parties; and the submission or award shall not require a stamp; and a document purporting to be the submission or award shall be admissible as evidence of award or submission.
133. Power of superintendent to require production of ship’s papers
(1) The superintendent in any proceedings before him relating to the wages, claims or discharge of a seaman, may require the owner or his agent, the master or any mate or other member of the ship’s crew, to produce any log-book, paper or other document in his possession or power relating to a matter in question in the proceedings and may require the attendance of and examination of any of those persons, being then at or near the place, on the matter.
(2) Any person required under subsection (1) to do anything who fails, without rea- sonable cause, to comply with the requisition commits an offence and on conviction is liable to a fine not less than twenty-five thousand naira.
134. Rule as to payment of seaman in currency other than that mentioned in the agreement
Where a seaman agrees with the master of a Nigerian ship for payment of his wages in local currency or any other currency, any payment of, or on account of, his wages if made in any other currency than that stated in the agreement, shall, notwithstanding anything in the agreement, be made at the rate of exchange for the money stated in the agreement, for the time being current at the place where the payment is made.
Annual Leave with Pay for Seamen
Leave entittlement
Every seaman is entitled to annual leave, for minimum of 30 days with pay, for each year of service.

136. Pro-rata entitlement for periods less than one year
A seaman whose length of service in anyone year is less than that required for the full entitlement prescribed in section 135 of this Act shall be entitled in respect of that year to annual leave with pay proportionate to his length of service during that year.
137. Unavoidable absence to be counted as part of period of service
Absence from work to attend an approved maritime vocational training course or for reasons beyond the control of the seaman concerned such as illness or injury shall be counted as part of the period of service.

138. Periods not to be counted as part of leave
The minimum annual leave with pay shall not include-
(a) public holidays;
(b) periods of incapacity for work resulting from injury;
(c) temporary shore leave granted to a seaman whilst on cadetship;
(d) compensatory leave of any kind.
139. Leave pay in advance
Every seaman who takes his annual leave shall receive in respect of the full period of the leave at least his normal monthly remuneration in advance of the leave.

140. Payment in lieu of leave
A seaman who leaves or is discharged from the service of his employer before he takes the annual leave due to him shall receive his normal remuneration for the period of the leave.

141. Divisibility of leave pay
The division of the annual leave with pay into parts or the accumulation of the annual leave due in respect of one year together with a subsequent period of leave shall be permissible provided that the seaman so requests.
142. Place of taking of annual leave

(1) No seaman shall be required without his consent to take annual leave due to him at a place other than the place where he was engaged or recruited.
(2) Where the seaman is required to take his annual leave in a place other than the place of his recruitment, he shall be entitled to-
(a) free transportation to the place where he was engaged or recruited; and
(b) subsistence and other costs directly involved in his return to the State where he was engaged or recruited from the employer.
(3) Travel time involved in subsection (2) of this section shall not be deducted from the annual leave with pay due to the seaman.

143. Agreement to relinquish right to leave null and void

Any agreement to relinquish the right to the minimum annual leave with payor to forgo the leave shall be null and void and the superintendent shall ensure proper compliance with the right to minimum annual leave.
144. Cancellation of annual leave emergency
A seaman who is on annual leave shall be recalled only in cases of extreme emergency after due notice has been given to him.

Advance and Allotment of Wages
145. Advances restricted
(1) Where an agreement with the crew is required to be made in a prescribed form, the agreement shall contain-
(a) a stipulation for payment to or on behalf of the seaman, conditionally on his going to sea in pursuance of the agreement, of a sum not exceeding the amount of one month’s wages payable to the seaman under the agreement; and
(b) stipulations for the allotment of a seaman’s wages in accordance with this Part of this Act.
(2) Except as stated in subsection (1) of this section, an agreement by or on behalf of the employer of a seaman for the payment of money to or on behalf of the seaman conditionally on his going to sea from any port in Nigeria shall be void, and any money paid in satisfaction or in respect of any such agreement shall not be deducted from the seaman’s wages; and no person has any right of action, suit or set-off against the seaman or his assignee in respect of any money so paid or purported to have been so paid.
146. Allotment notes
(1) Any stipulation made under section 145 of this Act by a seaman at the commencement of a voyage for the allotment of any part of his wages during his absence, shall be inserted in the agreement with the crew, and shall state the amounts and times of the payments to be made.
(2) Where the agreement with the crew is required to be made in a prescribed form, the seaman may require a stipulation to be inserted in the agreement for the allotment, by means of an allotment note, of any part, not exceeding one-half, of his wages in favour of a near relative or a prescribed bank.
(3) An allotment note may by agreement with the master be granted to a seaman providing for payment of a greater sum than one-half of the wages.
(4) Allotment notes shall be in the prescribed form.
(5) When a seaman has signed the agreement, the superintendent before whom the seaman is engaged shall enquire if the seaman requires a stipulation for allotment of wages by an allotment note; and if the seaman requires it, the superintendent shall insert the stipulation in the agreement with the crew, and it shall be deemed to have been agreed to by the master.
(6) Save with the agreement of the master, nothing in subsection (5) shall apply to any stipulation within subsection (3) of this section or subsection (2) of section 150 of this Act.

(7) For the purposes of this Act and with respect to allotment notes, “near relative” means the spouse, father, mother, grandfather, grandmother, child, grandchild, brother or sister of the seaman.
147. Allotment through savings banks
An allotment in favour of a prescribed bank shall be made in favour of such persons, and carried into effect in such manner, as may be prescribed.

148. Master to give facilities
(1) Where the balance of wages due to a seaman belonging to a Nigerian ship is more than two thousand naira, and the seaman expresses to the master of the ship, while the ship is in Nigeria, his desire to have facilities afforded to him for remitting all or part of the balance to a prescribed bank, or to a near relative in whose favour an allotment note is made, the master shall give to the seaman all reasonable facilities for so doing (so far as regards so much of the balance as is in excess of two thousand naira) but the master shall be under no obligation to give those facilities while the ship is in port if the sum will become payable before the ship leaves port, or otherwise than conditionally on the seaman going to sea in the ship.
(2) A master of a ship who fails to comply with the provisions of subsection (1) of this section commits an offence and on conviction is liable to a fine not less than twenty- five thousand naira.
149. Right of suing on allotment notes

(1) A person in whose favour an allotment note under this Part of this Act is made may, unless the seaman is shown, in the manner specified in this Act, to have forfeited or ceased to be entitled to the wages out of which the allotment is to be paid, recover the sums allotted, when and as the same are made payable, with costs from-

(a) the owner of the ship with respect to which the engagement was made; or

(b) from any agent of the owner who has authorised the allotment, in the same court and manner in which wages of seaman not exceeding twenty thousand naira may be recovered under this Act.
(2) The spouse of a seaman who deserts the children or misconducts himself or her- self in such a way as to be undeserving of support from his or her spouse, shall forfeit all rights to further payments under any allotment made in his or her favour.

150. Time for payment of an allotment note
(1) A payment under an allotment note shall begin at the expiration of one month from the date of the note of agreement with the crew, and shall be paid at the expiration of every subsequent month after the first month and paid respect of wages earned before the date of payment.
(2) An allotment note may, by the agreement with the master, be granted to a seaman providing for payment at a period earlier than one month from the date of the agreement with the crew and at intervals more frequent than one month.
(3) In any proceedings for recovery under subsection (1) of this section, it shall be sufficient for the claimant to prove that he is the person mentioned in the note, and that the note was given by the owner or by the master or some other authorised agent.
(4) A seaman shall be presumed to be duly earning his wages unless the contrary is shown to the satisfaction of the court by-
(a) the official statement of any change in the crew caused by the seaman’s absence, made and signed by the master, as required by this Act;
(b) a certified copy of an entry in the official log-book to the effect that the seaman has left the ship;
(c) a credible letter from the master of the ship to the effect that the seaman has left the ship; or
(d) such other evidence as the court, in its absolute discretion, may consider sufficient to show satisfactorily that the seaman has ceased to be entitled to the wages out of which the allotment is to be paid.
Rights of Seamen in respect of Wages
151. Rights to wages, etc, when to begin

The right of a seaman belonging to a Nigerian ship to wages and provisions shall to begin at the time at which the seaman commences work or at the time specified in the agreement for the seaman’s commencement of work or presence on board, which ever first occurs.

152. Right to recover wages and salvage not to be forfeited
(1) A seaman belonging to Nigerian ship shall not by any agreement-

(a) Forfeit his lien on the ship; or

(b) be deprived of any remedy for thr recovery of his wages, to which, in the absence of the agreement, he would be entitled; or
(c) abandon his right to wages in case of the loss of the ship; or
(d) abandon any right that he has or obtains in the nature of salvage.
(2) Every stipulation in any agreement which is inconsistent with any of the provisions of this Act shall e void.

(3) Nothing in this section shall apply to a stipulation made by a seaman who belongs to any Nigerian ship according to the terms of the agreement is to be employed on salvage with respect to the renumeration to be paid to him for
(3) In any proceedings for recovery under subsection (1) of this section, it shall be sufficient for the claimant to prove that he is the person mentioned in the note, and that the note was given by the owner or by the master or some other authorised agent.
(4) A seaman shall be presumed to be duly earning his wages unless the contrary is shown to the satisfaction of the court by-
(a) the official statement of any change in the crew caused by the seaman’s absence, made and signed by the master, as required by this Act;
(b) a certified copy of an entry in the official log-book to the effect that the seaman has left the ship;
(c) a credible letter from the master of the ship to the effect that the seaman has left the ship; or
(d) such other evidence as the court, in its absolute discretion, may consider sufficient to show satisfactorily that the seaman has ceased to be entitled to the wages out of which the allotment is to be paid. salvage service with respect to the remuneration to be paid to him for salvage services to be rendered by that ship to any other ship.

153. Wages not to depend on freight
(1) The right of a seaman who belongs to a Nigerian ship to wages shall not depend on the earning of freight.
(2) Every seaman and cadet who is entitled to demand and recover any wages if the ship in which he has served had earned freight shall, subject to all other rules of law and conditions applicable to the case, demand and recover the same notwithstanding that freight has not been earned.
(3) In all cases of wreck or loss of a ship, proof that the seaman has not exerted him- self to the utmost to save the ship, cargo and stores shall bar his claim to wages.
(4) Where a seaman or cadet who is entitled by virtue of this section to demand and recover any wages, dies before the wages are paid, the wages shall be paid and applied in the manner provided for by this Part of this Act with respect to the wages of a seaman who dies during a voyage.
154. Wages on termination of service by wreck
(1) Where by reason of the wreck or loss of a ship, the services of a seaman em- ployed in a Nigerian ship is terminated before the date contemplated in the agreement the seaman is entitled to receive wages at the rate to which he was entitled at the date of termination of his service in respect of each day on which he is in fact unemployed for a period of two months from date of termination.
(2) A seaman shall not be entitled to receive wages under this section if the owner shows that-
(a) the unemployment was not due to the wreck or loss of the ship; and
(b) the seaman was able to obtain suitable employment on any day during the period of two months from the date of termination of his service.
(3) In this section, “seaman” includes any person employed or engaged in any ca- pacity on board a ship, but in the case of a ship which is a fishing vessel, does not include any person who is entitled to be remunerated only by a share in the profits or the gross earnings of the working of the vessel.

155. Wages on termination of service by illness

Where the services of a seaman who belongs to a Nigerian ship terminates before the date contemplated in his agreement by reason of the seaman being left on shore at any place outside Nigeria under a certificate granted under section 113 of this Act, or his unfitness or inability to proceed on the voyage, the seaman shall be entitled to wages up to the time of the termination, but not for any longer period.

156. Wages not to accrue during refusal to work or imprisonment
A seaman or cadet who belongs to a Nigerian ship shall not be entitled to wages for any time during which he-
(a) unlawfully refuses or neglects to work, when required, whether before or after the time fixed by the agreement for his commencement of such work;
(b) is lawfully imprisoned for an offence committed by him unless a court hearing the case otherwise directs.
157. Forfeiture of wages, etc., of seaman when illness caused by his own default

Where a seaman who belongs to a Nigerian ship is, by reason of illness, incapable of performing his duty and it is proved that the illness has been caused by his own wilful act or default, the seaman shall not be entitled to wages for the time during which he is, by reason of the illness, incapable of performing his duty.

158. Court’s order on costs of punishment may be deducted from wages

Whenever, in any proceedings relating to a seaman’s wages, it is shown that a seaman or cadet who belongs to a Nigerian ship has, in the course of the voyage, been convicted of an offence by a competent tribunal and rightfully punished for that offence by imprisonment or otherwise, the court hearing the case may direct any part of the wages due to the seaman, not exceeding one month’s wages, to be applied in reimbursing any costs properly incurred by the master in procuring the conviction and punishment.

159. Compensation to seaman improperly discharged

If a seaman who signed an agreement to serve in a Nigerian ship is discharged other- wise than in accordance with the terms of the agreement before the commencement of the voyage, or before one month’s wages are earned-

(a) without fault on his part justifying the discharge; and

(b) without his consent, the seaman shall receive from the master or owner, in addition to any wages which he has earned, due compensation for the damage caused to him by the discharge not exceeding one month’s wages, and may recover that compensation as if it were wages duly earned by him.

160. Restriction on sale of a charge upon wages
(1) As respect the wages due or accruing to a seaman or cadet belonging to a Nige- rian ship-
(a) the wages shall not be subject to attachment or arrest from any court;
(b) an assignment or sale made prior to the accruing of the wages shall not bind the person making the same;
(c) a power of attorney or authority for the receipt of the wages shall not be ir- revocable; and
(d) a payment of wages to the seaman or cadet shall be valid in law notwithstanding any previous sale or assignment of those wages, or any attachment, encumbrance or arrest of the wages.

(2) Nothing in this section shall-

(a) affect the provisions of this Part of this Act with respect to allotment notes; or
(b) restrict or limit the requirements of the National Social lnsurance Trust Fund Act as to contributions by a seaman or apprentice belonging to a Nigerian ship.

[1993 No. 73.]

Mode of Recovering Wages

161. Summary proceedings for wages

A seaman or cadet or a person duly authorised on his behalf, may, as soon as any wages due to him become payable, sue for the same in a summary manner in any court of competent jurisdiction in or near the place at which his service was terminated, or at which he was discharged or at which any person, on whom the claim is made, is or re- sides, and the order made by the court in the matter shall be final.

162. Saving for cases of ships other than Nigerian ships

Nothing in this Part of this Act shall be construed as limiting the jurisdiction of a court to refuse to entertain an action for wages by the master or a member of the crew of a ship if the ship is not a Nigerian ship.

163. Remedies of master for wages disbursements, etc.
(1) The master of a ship as far as the case permits, has the same rights, liens and remedies for the recovery of his wages as a seaman has under this Act or any law or custom.
(2) The master of a ship, and every person lawfully acting as master of a ship by reason of disease or incapacity from illness of the master of the ship, shall so far as the case permits, have the same rights, liens and remedies for the recovery of disbursements or liabilities properly made or incurred by him on account of the ship as a master has for the recovery of his wages.
(3) If, in any proceedings in a court of competent jurisdiction dealing with the claim of a master in respect of wages, or of such disbursements or liabilities as are mentioned in subsections (1) and (2) of this section, any right of set-off or counterclaim is set up, the court may enter into and adjudicate upon all questions, and settle all accounts then arising or outstanding and unsettled, between the parties to the proceedings and may direct payment of any balance found to be due.
164. Powers of court in case of unreasonable delay in paying master’s wages
In any action or other legal proceedings by the master of a ship for the recovery of any sum due to him on account of wages, the court may, if it appears to it that the pay- ment of the sum due has been delayed otherwise than by-
(a) the act or default of the master; or
(b) any reasonable dispute as to liability; or
(c) any other cause not being the wrongful act or default of the person liable to make the payment,
order the person to pay, in addition to any sum due on account of wages, such sum as the court thinks just as damages in respect of the delay, without prejudice to any claim which may be made by the master on that account.

Powers of Court to Rescind Contracts

165. Power of court to rescind contract between owner or master and seaman or cadet
(1) Where proceedings are instituted in or before any court of competent jurisdiction in relation to any dispute between an owner or master of a ship and a seaman or cadet, arising out of or incidental to their relation as such, the court may, having regard to all the circumstances of the case, rescind any contract between the owner or master and the seaman or cadet, or any contract of cadetship, upon such terms as the court thinks just.
(2) The power to rescind a contract between the owner or master of a ship and a seaman or a cadet under subsection (1) of this section shall be in addition to any other power which the court has under this Act.
Property of Deceased Seaman
166. Property of seaman who dies during voyage
(1) If any seaman or cadet who belongs to a Nigerian ship, the crew of which is to be discharged in or the final port of destination of which is in Nigeria, dies during a voyage, the master of the ship shall take charge of the money or effects belonging to the seaman or cadet on board the ship.
(2) The master may, if he thinks fit, cause any of the effects to be sold by auction at the mast or otherwise by public auction.
(3) The master shall enter in the official log-book the following particulars-
(a) a statement of the amount of the money and a description of the effects;
(b) in the case of a sale under subsection (2), a description of each article sold, and the sum received for each; and
(c) a statement of the sum due to the deceased as wages, and of the amount of deductions, if any, to be made from the wages.
(4) The entry in the official log-book shall be signed by the master and attested to by a mate and any other member of the crew.
(5) The money, effects and balance of wages mentioned in subsections (1) to (4) of this section are in this Part of this Act, referred to as the “property of the seaman or cadet”.
167. Dealing with and account of property of seaman who dies during voyage

(1) Where a seaman or cadet dies during a voyage as provided in section 166 of this Act, the master of the ship shall, within forty-eight hours after his arrival at his port of destination in Nigeria, deliver and pay the property of the seaman or cadet to the superintendent at the port.

(2) In all cases where a seaman or cadet dies during the progress of a voyage or engagement, the master shall give to the superintendent such account, and in such form as, the superintendent may require, of the property of the seaman or cadet.
(3) A deduction claimed by the master in the account shall not be allowed unless verified, if an official log-book is required to be kept, by an entry in that book made and attested as required by this Act, and by such vouchers, if any, as are reasonably required by the superintendent.
(4) The superintendent may, if he thinks fit, sell any of the property of the seaman or cadet delivered to him, or of which he takes charge, under this Part of this Act and the proceeds of the sale shall form part of the property of the seaman or cadet.

(5) The superintendent shall grant to a master, upon due compliance with such provi- sions of this section as relate to acts to be done at the port of destination, a certificate to that effect.
168. Penalty for non-compliance with provisions as to property of the deceased seaman
(1) A master of a ship to whom section 167 of this Act refers who fails to comply with the provisions of this Part of this Act with respect to-
(a) taking charge of the property of the seaman; or

(b) making in the official log-book the proper entries relating to the properties of the seaman or cadet; or
(c) procuring the proper attestation of those entries as required by this Part of this Act; or

(d) the payment or delivery of the property of the seaman or cadet, shall be accountable for the property to the superintendent and shall pay and deliver the same accordingly.

(2) The master of a ship who contravenes the provisions of subsection (1) of this section commits an offence, and in addition to paying and delivering the property, is liable on conviction to a fine not less than triple the value of the property not accounted for or if the value is not ascertained, to a fine not less than one hundred thousand naira.
(3) If the property of a seaman or cadet is not duly paid for, delivered or accounted for by the master as provided under this section, the owner of the ship shall pay, deliver and account for the same and the property shall be recoverable from the owner.
(4) The owner of a ship who fails to account for and deliver or pay for the property of the seaman or cadet, commits an offence and is liable on conviction to a fine not less than triple the value of the property not accounted for, delivered or paid over or if the value is not ascertained to a fine not exceeding one hundred thousand naira.
(5) The property of the seaman or cadet may be recovered in the same court and in the same manner in which the wages of a seaman may be recovered under this Act.
169. Recovery of wages of seaman with owner of ship

(1) Where a seaman or cadet who belongs to a ship to which section 166 of this Act refers, is lost with the ship, the superintendent may recover the wages due to the seaman or cadet from the owner of the ship in the same court and in the same manner in which the seaman’s wages are recoverable and shall deal with the wages in the same manner as the wages of a deceased seaman and cadet are dealt with under this Part of this Act.
(2) In any proceedings for the recovery of the wages of a seaman under this section, if it is shown by an official return produced out of the custody of the superintendent, or by other evidence, that a ship left the port of departure twelve months or more before the institution of the proceedings, the ship shall unless it is shown that it was heard of within twelve months after that departure, be deemed to have been lost with all hands on board immediately after the time at which the ship was last heard of or at such later time as the court hearing the case thinks probable.
(3) Any duplicate agreement made out, or statement of change of the crew delivered, under this Part of this Act at the time of the last departure of the ship from Nigeria, or a certificate purporting to be a certificate from a consular or other public officer at any port outside Nigeria, stating that certain seamen and cadets were shipped in the ship from that port, shall, if produced out of the custody of the superintendent, be, in the absence of proof to the contrary, sufficient proof that the seamen and cadets named in the certificate as belonging to the ship were on board at the time of the loss.
170. Property of seaman dying in Nigeria
If a seaman or cadet who belongs to a ship to which section 166 of this Act refers, dies in Nigeria and at the time of his death was entitled to claim any effect from the master or owner of a ship in which he served, any effects or unpaid wages, the master or owner shall pay and deliver or account for such property to the superintendent at the port where the seaman or cadet was discharged, or was to have been discharged.

171. Payment over of property of deceased seaman by the superintendent
(1) Where any property of a deceased seaman or cadet who belong to a ship to which section 166 of this Act refers comes into the hands of the superintendent, the superintendent shall, after deducting the expenses incurred in respect of the seaman or cadet or of his property, such sum as he thinks proper to allow, subject to the provisions of this Part of this Act, deal with the residue as follows:
(a) if the property exceeds twenty thousand naira in value, the superintendent shall pay and deliver the residue to the legal personal representative of the deceased;

(b) if the property does not exceed twenty thousand naira in value, the superintendent may, as he thinks fit-
(i) pay or deliver the residue to any claimant who is proved to the satisfaction of the superintendent to be the spouse or a child of the deceased seaman or cadet, or to be entitled to the property of the deceased, under his will, if any, or any statute of distribution or otherwise, or to be a person entitled to take out representation, although no such representation has been taken out, and shall be discharged from all further liability in respect of the residue so paid or delivered, or
(ii) require representation to be taken out and pay and deliver the residue to the legal personal representative of the deceased.

(2) Every person to whom any residue is paid or delivered under subsection (1) of this section shall apply the same in due course of administration.
172. Dealing with deceased seaman’s property when he leaves a will
(1) Where a deceased seaman or cadet who belonged to a ship to which section 168 of this Act refers left a will, the superintendent may refuse to pay or deliver any residue under section 174 of this Act-
(a) if the will was made on board the ship, to any person claiming under the will, unless the will is in writing, and is signed or acknowledged by the testator in the presence of, and is attested by, the master or first mate of the ship; and
(b) if the will was not made on board the ship, to any person claiming under the will, who is not related to the testator by blood or marriage, unless the will is in writing and is signed or acknowledged by the testator in the presence of, and is attested to by two witnesses, one of whom shall be the superintendent or a person holding a similar office or a minister of religion officiating in the place in which the will is made or where there are no such persons, a magistrate, notary public or consular officer of a foreign country or an officer of customs.
(2) Whenever the superintendent refuses under this section to pay or deliver the residue to a person claiming under a will, the residue shall be dealt with as if no will had been made.
173. Claims by the children

(1) A creditor is not entitled to claim from the superintendent, the property of a de- ceased seaman or cadet received by the superintendent under this Act, or any Part of this Act, by virtue of any representation obtained as creditor.

(2) A creditor is not entitled by any means whatsoever to obtain payment of his debt out of the property of a deceased seaman or cadet, if the debt accrued more than three years before the death of the deceased or if the demand is not made within two years after the death of the seaman or cadet.

(3) A demand under subsection (2) of this section shall be made to the superintendent by the creditor delivering an account in writing signed by him and verified by a statutory declaration, stating the particulars of the creditor’s demand and the place of his abode.

(4) If before the demand under subsection (2) of this section is made under this section tion, any claim to the property of the deceased seaman or cadet made by any other person has been allowed, the superintendent shall give notice to the creditor of the allowance of the claim.
(5) If no claim to the property of the deceased seaman or cadet has been allowed, the superintendent shall investigate the creditor’s account, and may for that purpose require the creditor to prove same and produce all books, accounts, vouchers and papers relating to the debt and, if by means of the documents produced the creditor satisfies the superintendent of the justice of the demand in whole or in part, the demand shall be allowed and paid accordingly, as far as the property of the deceased seaman or cadet in the hands of the superintendent extends for that purpose, and the superintendent shall be discharged from all further liability in respect of money paid.

(6) If the superintendent is not satisfied as to the claim or if the books, account vouchers or papers required to be produced in subsection (5) of this section are not produced, and sufficient reason is not given for the non-production, the demand shall be disallowed.
(7) In any case whatsoever, the superintendent may delay the investigation of any demand made by a creditor for the payment of his debt for one year from the time of the first delivery of the demand.
(8) If, in the course of the period of one year, a claim to the property of the deceased is made by any person as widow, next-of-kin or legatee, and allowed by the superintendent under this Part of this Act, the superintendent may pay and deliver the same to that person.
(9) Where the property of a deceased seaman or cadet has been paid and delivered by the superintendent to any person as widow, next-of-kin or legatee of the deceased, whether before or after the demand made by the creditor, the creditor shall have the same rights and remedies against that person as if he had received the property as the legal personal representative of the deceased.
174. Dealing with unclaimed property of deceased seaman

(1) Where no claim to the property of a deceased seaman or cadet received by the superintendent under this Part of this Act is substantiated within one year after the receipt of the claim, the superintendent shall pay the same or the proceeds of the property committed into cash, into the Consolidated Revenue Fund.

(2) If any subsequent claim is made to the property or the proceeds of a deceased seaman or cadet and the claim is established to the satisfaction of the superintendent, the amount or so much as appears to be due to the claimant, shall be paid to the claimant out of the Consolidated Revenue Fund.

(3) If any claim is not established to the satisfaction of the superintendent, the claim- ant may apply by summons to a court of competent jurisdiction and the court, after taking evidence orally or on affidavit, shall make such order on the summons as the court deems just.
(4) No claim on the property of a deceased seaman or cadet sha II be entertained by the superintendent after the expiration of six years from the receipt of the property or proceeds by the superintendent without the approval of the Minister.
175. Forgery of documents, etc., for the purpose of obtaining property of deceased seaman
A person who, for the purpose of obtaining any property of a deceased seaman or cadet for himself or any other person-
(a) forges or fraudulently alters, or assists in forging or fraudulently altering, or produces to be forged or fraudulently altered, any document purporting to show or assist in showing any right to the property; or
(b) makes use of any document which has been so forged or fraudulently altered as mentioned in paragraph (a) of this section; or
(c) gives or assists in giving, or produces to be given, any false evidence, knowing the same to be false; or
(d) makes or assists in making, or produces to be made, any false representation, knowing the same to be false; or
(e) assists in producing any false evidence or representation or causes any such evidence or representation to be given or made, knowing the same to be false, commits an offence and on conviction is liable to a fine of not less than two hundred thousand naira or to imprisonment for a term not less than two years or to both.

PART X
Welfare of Seamen

Provisions, Health and Accommodation
176. Definition
In this Part of this Act, “crew accommodation” includes sleeping rooms, mess rooms, sanitary accommodation, hospital accommodation, recreation accommodation, store rooms and catering accommodation provided for the use of seamen, but does not include any accommodation which is used by or provided for the use of passengers.

177. Regulations relating to crew accommodation
(1) The Minister may make regulations with respect to crew accommodation which shall be provided on board a Nigerian ship.

(2) Without prejudice to the generality of subsection (1) of this section, regulations made under this section may in particular-
(a) prescribe the minimum space per man which shall be provided by way of sleeping accommodation for seamen and the maximum number of persons by whom a specified part of the sleeping accommodation may be used;
(b) regulate the positions in the ship in which the crew accommodation or any part of the accommodation may be located and the standards to be observed in the construction, equipment and furnishing of the accommodation;
(c) require the submission to a Surveyor of Ships, of plans and specifications of any works proposed to be carried out for the purpose of the provision or alteration of any accommodation under this section and authorise the surveyor to inspect any such works; and
(d) provide for the maintenance and repair of any accommodation under this section and prohibit or restrict the use of any accommodation for purposes other than those for which the accommodation is designed.
(3) Regulations made under this section may-
(a) make different provisions with respect to different descriptions of ships or with respect to ships which were registered in Nigeria at different dates and with respect to crew accommodation provided for seamen of different descriptions;

(b) exempt ships of any description from any requirements of the regulations made under the Act and the Minister may grant other exemptions from the requirements with respect to any ship; and
(c) require the master of a ship or any officer authorised by him for that purpose to carry out such inspection of the crew accommodation as may be prescribed by the regulations.
(4) A person who contravenes any of the provisions of the regulations made under this section commits an offence and on conviction is liable to a fine of not less than one hundred thousand naira.
(5) Regulations under this section may exempt ships of any description from any requirements of the Regulations made under this Act and the Minister may grant other exemptions from the requirement with respect to any ship.

178. Complaints as to provisions of water
(1) If three or more of the crew of a Nigerian ship within Nigeria, consider that the provisions or water for the use of the crew are at any time-
(a) of bad quality; or
(b) unfit for use
(c) below such scale as may be prescribed
the crew shall complain of their findings to the superintendent or a Port Health Officer and the superintendent or Port Health Officer shall examine the provisions or water complained of or cause them to be examined.
(2) Where, upon examination as prescribed under subsection (1) of this section it is found that the provisions or water are of bad quality and unfit for use, or below the scale or quantity prescribed, the superintendent or the officer shall in writing to the master of the ship, report on the condition of the provisions or water and the master of the ship shall upon receiving the report, provide other appropriate provisions or water in lieu of any so reported to be of bad quality and unfit for use.
(3) Where the master of a ship to whom a report is made-
(a) does not provide the appropriate provisions or water in lieu of those reported to be bad; or
(b) does not procure the requisite quantity of the provisions or water so reported to be deficient in quantity; or
(c) uses any provisions or water so reported to be of bad quality and unfit for use, he commits an offence and on conviction is liable to a fine not less than fifty thousand naira.
(4) The superintendent, officer or other person making an examination under this section shall enter a statement of the result of the examination in the official log-book of the ship and send a report of the examination to the superintendent and the report shall be admissible in evidence.

(5) Where the superintendent, officer or person making an examination under this section, certifies in the statement entered in the official log-book that there were no reasonable grounds for the complaint under subsection (1) of this section, each of the complainants shall be liable to forfeit to the owner of the ship out of his wages, a sum not exceeding one week’s wages.

(6) Where provisions or water are examined under this section, the owner, master or agent shall pay, in respect of the examination, such fees as may be prescribed.
(7) If, in accordance with subsection (5) of this section, it is certified that there are no reasonable grounds for the complaint, the owner, master or is entitled to recover such fee as may be prescribed, from the complainants in addition to any penalty to which the complainants may be liable under that subsection.
(1) An inspecting officer may inspect, before shipment or on board the ship, any pro- visions, other than provisions made by the crew themselves or water intended for the use of the crew of any Nigerian ship which is going from any port in Nigeria and for which an agreement with the crew is required under this Act.
(2) If an inspecting officer finds that the provisions or water are in any respect defi- cient in quality, the ship shall be detained by the inspecting officer until the defects are remedied to his satisfaction.
(3) An inspection of provisions or water under this section shall, whenever practic- able, be made before shipment.
(4) The owner, agent or master of a ship may give notice to an inspecting officer that any provisions or water for the ship are ready for inspection and the inspecting officer shall inspect the provisions or water under this subsection, if the provisions or water are at a convenient place for inspection, within forty-eight hours after the notice is given.
(5) The inspecting officer may inspect any provisions or water not specified in the notice given under subsection (3) of this section without necessarily delaying the ship and may proceed on board a ship in order to satisfy himself that there has been no evasion of the requirements of this section by the substitution of other provisions or water for those which have been inspected on shore or specified in a notice as being the provisions or water for the ship, or otherwise.
(6) Where an inspecting officer finds the provisions or water deficient in quality, the master of the ship shall be deemed to have committed an offence under this section and on conviction be liable to a fine not less than fifty thousand naira, unless-
(a) the court before which the case is tried thinks that the finding of the inspecting officer was not justified; or
(b) the master of the ship shows to the satisfaction of the court that the responsibility for the defects in the provisions or water rests on the owner of the ship or any agent of the owner of the ship or with the person who supplied the provisions or water in which case the owner, agent or person other than the master, shall be deemed to have committed the offence and liable to payment of the fine.

(7) The master of the ship and any other person who has charge of any provisions or water liable to inspection under this section shall give the inspecting officer every reasonable facility for the purpose of the inspection under this section; and any master or person who refuses to provide the necessary facility commits an offence and on conviction is liable to a fine not less than twenty thousand naira.

(8) Where provisions are inspected under this section before shipment or on board a ship, the owner, agent or master of the ship shall in respect of such inspection, pay such fees as may be prescribed but where the provisions which have been inspected and sealed by an inspecting officer are found on board any ship within such time as may be prescribed as the time for which the seals are to hold good, no fee shall be charged for the verification of the seals.
(9) The Minister may appoint officers for the purposes of any inspection under this section, and the expression “inspecting officer” wherever used in this section, means an officer appointed to inspect provisions or water under this section.

180. Allowance of short or bad provisions

(1) Where, during the voyage of a Nigerian ship-

(a) the allowance of any of the provisions for a seaman as stipulated by his agree- ment is reduced except-
(i) in accordance with the regulations for reduction by way of punishment contained in the agreement with the crew; and
(ii) for any time during which the seaman wilfully and without sufficient cause refuses or neglects to perform his duty, or is lawfully under confinement for misconduct on board or on shore; or
(b) it is shown that some of the provisions are or have been bad in quality and unfit for use, the seaman shall receive, by way of compensation for that reduction or bad quality, such sums as may be prescribed.
(2) The court before which a case is tried under this section shall, if satisfied that the allowance of any provision was reduced due to inability to procure or supply the provisions in proper quantities, and that proper and equivalent substitutes were supplied in lieu of the provisions, take those circumstances into consideration and modify or refuse to make an order for compensation as the justice of the case may require.
181. Weights and measures on board
(1) The master of a Nigerian ship shall keep on board the ship, proper weights and measures for determining the board quantities of the different provisions and articles served out, and ensure that the weights and measures are used at the time of serving out the provisions and article, in the presence of a witness, whenever any dispute arises in respect of the quantities.
(2) The master of a Nigerian ship who fails, without reasonable cause, to comply with the provisions of this section, commits an offence and on conviction is liable to a fine not less than ten thousand naira.
182. Ship to carry medicines, etc., in accordance with scale
(1) The owner, agent and master of a Nigerian ship of a tonnage exceeding fifteen tons shall cause to be kept on board the ship-
(a) a supply of medicines and medical stores in accordance with the scale; and
(b) a copy of the instructions for dispensing the medicines and medical stores as prescribed.
(2) ` A ship owner, agent and master to which subsection (1) of this section applies, who wilfully refuses or neglects to provide and keep on board such medicines, medical stores and instructions as are required by this section commits an offence and on conviction is liable to a fine not less than one hundred thousand naira.

183. Inspection of medicines, etc.
(1) A Port Health Officer may inspect any medicines, medical stores or appliances with which any ship is, under the provisions of this Part of this Act required to be provided and for the purposes of the inspection have all the powers of an inspector under this Act.

(2) Where a Port Health Officer is of the opinion that the articles inspected are defi- cient in quantity or quality, or are placed in improper receptacles, the officer shall give notice in writing to the superintendent and the owner, agent or master of the ship.

(3) The master of the ship who is given notice under subsection (2) of this section shall before proceeding to sea, produce to the superintendent a certificate under the hand of the Port Health Officer showing that the default found by the Port Health Officer has been remedied and if he fails to produce the certificate, the ship shall be detained by the superintendent until the certificate is produced.
(4) Where a ship proceeds to sea without the production of the certificate by the master as provided in subsection (3) of this section, the owner, agent and master of the ship shall be deemed to have committed an offence and on conviction shall each be liable to a fine not exceeding one hundred thousand naira.

184. Expenses of medical attendance in case of injury or illness
(1) Where a master, seaman or cadet belonging to a Nigerian ship is hurt or injured in the course of his service in the ship or suffers from any illness, not being an illness due to his own wilful act or default or to his own misbehaviour the expenses of-
(a) providing the necessary surgical and medical advice and attendance and medicine; and
(b) the maintenance of the master, seaman or cadet until he is cured, or he dies or is returned to his proper return port and of his conveyance to the port; and
(c) in the case of death, his burial, shall be defrayed by the owner of the ship without any deduction on that account from the wages of the master, seaman or cadet.
(2) Nothing in this section shall prejudice the rights of any master, seaman or cadet under the Workmen’s Compensation Act or the National Social Insurance Trust Fund Act, so however, that no person shall be entitled to periodical payments under any of these Acts in respect of the period during which the owner of the ship is liable to defray the expenses of the maintenance of the person under this Part of this Act.

[Cap. W6, Cap. N88.]

(3) Where a master, seaman or cadet referred to in subsection (1) of this section, on account of any illness is temporarily removed from his ship for the purpose of preventing infection or otherwise for the convenience of the ship and subsequently returns to his duty, the expenses of the removal and of providing the necessary advice, attendance and medicine and of his maintenance while away from the ship, shall be defrayed in the manner provided in subsections (1) and (2) of this section.

(4) The expenses of all medicines, surgical and medical advice and attendance given to a master, seaman or cadet whilst on board his ship shall be defrayed in the manner provided in subsections (1) and (2) of this section.

(5) In all other cases, any reasonable expenses duly incurred by the owner of a ship for any seaman or cadet in respect of illness and the burial of any seaman or cadet who dies whilst on service shall, if duly proved, be deducted from the wages of the seaman or cadet.
185. Recovery of expenses from owner
(1) If any of the expenses attendant on the illness, hurt or injury ofa seaman or cadet to be paid under this Part by the owner or master of the ship to which the seaman or cadet belongs are paid by any authority on behalf of the Federal Government or if other expenses in respect of the illness, hurt or injury of a seaman or cadet who belongs to a Nigerian ship and whose wages are not accounted for under this Part to that authority, are so paid, those expenses shall be repaid to the authority by the owner or master of the ship.

(2) Where expenses are not repaid as required by subsection (1) of this section, the amount of the expenses with costs, shall be a charge upon the ship and shall be recover- able from-
(a) the master or owner of the ship for the time being; or
(b) where the ship is lost, from the person who was the owner of the ship at the time of the loss; or
(c) where a registered Nigerian ship has been transferred to a person not qualified to own such a ship, from the owner for the time being or from the person who was the owner of the ship at the time of the transfer, as a debt due to the Federal Government by ordinary process of law or in the court and in the manner in which wages may be recovered under this Part by a seaman or cadet.
(3) In any proceedings for recovery under this section, a certificate of the facts, signed by the authority which paid for expenses referred to in this section, together with such vouchers, if any as the case require, shall be sufficient proof that the expenses in respect of which the proceedings instituted were duly paid for by that authority.
186. Accommodation for seamen, etc.

The accommodation for seamen and cadets in Nigerian ships shall be such as may be prescribed and provisions shall be made in the same manner for the inspection of the accommodation and for fees to be paid in respect of the inspection.

187. Certain ships to carry medical practitioner

(1) The owner or master of any sea-going ship which proceeds from Nigeria, having fifty persons or upwards on board, shall carry on board as part of the complement of the ship a duly qualified medical practitioner.
(2) Where a ship to which this section applies proceeds for a voyage from Nigeria without a duly qualified medical practitioner, the owner shall, for every voyage of the ship made without a duly qualified medical practitioner, be deemed to have committed an offence under this section and on conviction is liable to a fine not less than two hundred thousand naira.
(3) For the purposes of subsection (1) of this section, “duly qualified medical prac- titioner” means a medical practitioner who is authorised by law to practise as a legally qualified medical practitioner in the country to which the ship belongs.
188. Penalty on master for filthy condition of passenger carrying ship
(1) Where any passenger carrying ship is found on arrival in Nigeria to be in a filthy and insanitary condition, the master of the ship shall be deemed to have committed an offence and on conviction is liable to a fine not less than one hundred thousand naira.
(2) The Port Health Officer may inspect a passenger carrying ship on arrival in order to ascertain the sanitary condition of the ship and the officer shall, for that purpose, have all the powers of an inspector under this Act.
189. Medical inspection of seaman
The Port Health Officer shall, on application by the owner or master of any ship and on payment of the prescribed fees by the owner or master, examine a seaman applying for employment in that ship and give to the superintendent a report under his hand stating whether the seaman is in a fit state for sea, and a copy of the report shall be given to the owner or master of the ship.
Prevention of Accidents to Seaman
190. Accidents to be reported and investigated
The master of a Nigerian ship shall ensure that any accident involving a seaman on board his ship is adequately investigated and reported to the superintendent.

191. Superintendent to investigate serious accident
The superintendent shall investigate the causes of and circumstances surrounding occupational accidents which result in the loss of life or serious personal injury to a seaman on board a Nigerian ship and shall cause research to be undertaken into the general trends and hazards as the statistics reveals.
192. Minister to make regulations
(1) The Minister may make regulations for the prevention of accidents, the protection of health in employment and may by regulations specify measures for the prevention of accidents which are peculiar to maritime employment.

(2) The regulations made under this section shall include provisions dealing with-
(a) general and basic issues;
(b) structural features of the ship;
(c) machinery;
(d) Special Safety measures on and below deck
(e) loading and unloading equipment
(f) fire prevention and fire-fighting
(g) anchors, chains and lines
(h) dangerous cargo and ballast; and
(i) personal protective equipment for seamen.
(3) The regulations made under this section shall clearly specify the obligations of the shipowners, seamen and others concerned, to comply with them and for the use of the equipment and safeguards by seamen and a requirement that they comply with the relevant accident prevention measures.
193. Minister to promote training in accident prevention
The Minister shall ensure that instructions in the prevention of accidents and in measures for the protection of health in employment are included as part of the instructions in professional duties in curricula for all categories and grades of seamen of vocational training institutions.
Facilities for making Complaints
194. Facilities for making complaints
(1) Where a Nigerian ship is within Nigeria and a seaman or cadet on board the ship states to the master of the ship his desire to make a complaint to the superintendent against the master or any of the crew, the master shall, as soon as the service of the ship perm its-

(a) if the ship is at a port in Nigeria; or
(b) if the ship is not at any port in Nigeria, soon after her first arrival at any such port, allow the complainant to go ashore or send him ashore in proper custody, to enable the seaman or cadet to make his complaint.
(2) A master of a ship who fails without reasonable cause to comply with this section, commits an offence and on conviction is liable to a fine not less than twenty thousand naira,
Provisions as to Discipline
195. Misconduct endangering life or ship
Where a master, seaman or cadet belonging to a Nigerian ship, by wilful breach of duty, or by neglect of duty, or by reason of drunkenness-
(a) does any act tending to the immediate loss, destruction or serious damage of the ship, or tending immediately to endanger the life or limb of a person belonging to or on board the ship; or

(b) refuses or omits to do any lawful act, proper and requisite to be done by him for preserving the ship from immediate loss, destruction or serious damage or for preserving any person belonging to, or on board the ship from immediate danger to life or limb, the master, seaman or cadet commits an offence and on conviction is liable to a fine not less than one hundred thousand naira or to imprisonment for a term not exceeding two years or both.

196. Notice of absence from ship or duty to be given by seaman or cadet
(1) A seaman or cadet who in Nigeria intends to absent himself from his ship or his duty, may give notice of his intention, to the owner or to the master of the ship, not less than forty-eight hours before the time at which he ought to be on board his ship.
(2) Where a seaman or cadet gives notice as provided in subsection (1) of this sec- tion, the court shall not exercise any of the powers conferred by paragraph (a) of subsection (2) of section 197 of this Act.

197. General offences against discipline
(1) A seaman lawfully engaged in or a cadet belonging to a Nigerian ship who com- mits any of the offences under this section (in this Part of this Act, referred to as “of- fences against discipline”) shall on conviction be liable to such penalty as is provided for the offence under this section.
(2) A seaman or cadet who-
(a) quits the ship without leave after the arrival of the ship at its port of delivery and before the ship is placed in security, commits an offence under this section and on conviction is liable to forfeit out of his wages, a sum not exceeding one month’s pay;
(b) wilfully disobeys any lawful command commits an offence under this section and on conviction is liable to imprisonment for a term not exceeding four weeks;
(c) continues to wilfully disobey lawful commands or continues wilfully to ne- glect his duties, commits an offence under this section and on conviction is liable to imprisonment for a term not less than twelve weeks;
(d) assaults any officer of the ship, commits an offence under this section and on conviction is liable to imprisonment for a term not less than twelve weeks;

(e) conspires with any of the crew to disobey lawful commands, or to neglect duty, or to impede the navigation of the ship or the progress of the voyage, commits an offence under this section and on conviction is liable to imprisonment for a term not less than twelve weeks;
(f) wilfully damages the ship in which he is engaged or dishonestly misappropriates or converts any of its stores or cargo to his own use or commits a criminal breach of trust in respect of or wilfully damages any of its stores or cargo, commits an offence under this section and is liable on conviction to forfeit out of his wages, a sum equal to the loss sustained by the ship and at the discretion of the court, to imprisonment for a term not less than twelve weeks;

(g) involved in any act of smuggling whereby loss or damage is occasioned to the owner or master of the ship commits an offence under this section and is liable on conviction to pay to the owner or master, a sum sufficient to reimburse the loss or damage; and the whole or a proportionate part of his wages may be retained in satisfaction or on account of that liability, without prejudice to any further remedy.
198. Summary remedies not to affect other remedies
Nothing in section 197 of this Act takes away or limits any remedy, by suit or other- wise, which an owner or master would, but for the provisions of that section, have had for a breach of contract in respect of the matters constituting an offence under section 197 of this Act, but an owner or master shall not be compensated more than once in respect of the same damage.
199. Penalty for false statement as to last ship or name

(1) A seaman who, on or before being engaged, wilfully and fraudulently makes a false statement of the name of his last ship, or alleged last ship, or wilfully and fraudu- lently makes a false statement of his own name, commits an offence and on conviction is liable to a fme not less than twenty thousand naira.

(2) Where a seaman is liable to payment of the fine under subsection (1) of this sec- tion, the fine may be deducted from any wages which the seaman may earn by virtue of his engagement and the fine shall be paid into the Consolidated Revenue Fund.
200. Deductions of fines from wages and payment to superintendent
(1) Where the agreement of a seaman belonging to a Nigerian ship imposes a fine for any act of misconduct the fine shall be deducted as provided in this subsection-
(a) if the seaman is discharged in Nigeria and the offence and the entry in the lobook required by this Act in respect of the offence, are proved to the satisfaction of the superintendent before whom the seaman is discharged, the master or owner shall deduct the fine from the wages of the offender and pay it to the superintendent;
(b) if the seaman is discharged abroad, and the offence and the entry referred to in paragraph (a) of this subsection are proved to the satisfaction of the appropriate officer by whose sanction the seaman is discharged, the fine shall be deducted as specified in paragraph (a) and shall be paid to the appropriate officer and an entry of the deduction and payment shall be made in the official log-book of the ship which shall be signed by the appropriate officer.
(2) Every fine paid to the superintendent or appropriate officer, as the case may be, under this section shall be paid by him into the Consolidated Revenue Fund.
(3) Any master or owner of a ship who fails, without reasonable cause, to pay any fine required to be paid under this section, commits an offence and on conviction is liable to a fine not exceeding six times the amount of the fine not so paid.
(4) An act of misconduct for which a fme has been imposed and paid by or deducted from the wages of the seaman shall not be otherwise punishable under this Act.
201. Penalty on stowaways

A person who hides himself in any ship intending to go to sea in the ship without the consent of the owner, agent or master or a mate or of the person in charge of the ship or of any other person entitled to give that consent, commits an offence and on conviction is liable to imprisonment for a term of two years.
202. Master’s powers of arrest
The master of a ship registered in Nigeria may cause any person on board the ship to be put under restraint if and for as long as it appears to him necessary or expedient in the interest of safety or for the preservation of good order or discipline on board the ship.
PART XI
Registers

Official Log-books

203. Official log-books as evidence

(1) An official log-book shall be kept in every Nigerian ship, in the appropriate form for that ship approved by the Minister.

(2) The official log-books to be kept, may be for different classes of ships and shall contain proper spaces for the entries required by this Act.

(3) The official log-book may, at the discretion of the owner or master, be kept distinct from or join with the ship’s ordinary log-book, so however that, in all cases, the spaces in the official log-book are duly filled up.
(4) An entry required by this Act in an official log-book shall be made as soon as possible after the occurrence to which it relates and if the entry is not made on the same day as the occurrence, it shall be made and dated so as to show the date of the occurrence and of the entry respecting it.

(5) Any entry made in respect of an occurrence happening before the arrival of a ship at the ship’s final port of discharge, shall not be made more than twenty-four hours after its arrival.
(6) Every entry in the official log-book shall be signed by the master and by the mate or any other member of the crew, but if the entry is that of-
(a) illness, injury or death, it shall be signed by the surgeon or medical practitioner on board, if any and
(b) wages due to a seaman or cadet who dies, it shall be signed by the mate and by a member of the crew in addition to the master.
(7) Every entry made in an official log-book in the manner provided by this Act shall be admissible in evidence.
204. Entries required in official log-book
The master of a Nigerian ship shall enter or cause to be entered in the official log- book-

(a) any conviction by a legal tribunal of a member of his crew, and the penalty imposed;

(b) every offence committed by a member of his crew for which prosecution is intended or to enforce a forfeiture or to exact a fine, together with the statement concerning the copy or reading over of that entry and the reply, if any, made to the charge, as required by this Act;
(c) every offence for which punishment is provided and imposed on board;
(d) a statement of the conduct, character and qualifications of each of his crew, or a statement that the master declines to give an opinion of these particulars;
(e) every case of illness or injury occurring to a member of the crew, and the na- ture of and the medical treatment adopted if any;
(f) every marriage which takes place on board, with the names and ages of the parties;
(g) the name of every seaman or cadet who ceases to be a member of the crew, otherwise than by death, with the place, time, manner and reason for his ceasing to be a member;

(h) the wages due to any seaman or cadet who dies during the voyage, and the gross amount of all deductions to be made from the wages;

(i) every collision with any other ship, and the circumstances under which the collision occurred;

(j) every accident sustained or caused by the ship which has occasioned any loss of life or any serious injury to any person or any material damage to the ship affecting the seaworthiness of the ship or the efficiency in its hull, equipment or machinery including every grounding of the ship; and

(k) any other matter directed by this Act to be entered in the log-book.
205. Offences in respect of official log-books
(1) A master of a ship who fails to keep an official log-book or make an entry in an official log-book in the manner required by this Act and at the time and in the manner provided under this Act, commits an offence and except as is otherwise expressly pro- vided in this Act, is on conviction liable to a fine not less than one hundred thousand naira.
(2) Any person who makes or procures to be made or assists in making an entry in an official log-book in respect of any occurrence which took place before the arrival of the ship at its final port of discharge, more than twenty-four hours after the arrival, commits an offence and on conviction is liable to a fine not less than twenty thousand naira.
(3) A person who wilfully destroys, mutilates or renders illegible any entry in an official log-book or wilfully makes or procures to be made or assists in making a false or fraudulent entry in, or omission from the official log-book, commits an offence and on conviction is liable to a fine not less than two hundred thousand naira, or to imprisonment for a term not less than two years, or to both.
206. Delivery of official log-books to superintendent

(1) The master of every sea-going Nigerian ship other than a ship whose crew is engaged on a running agreement shall, within forty-eight hours after the arrival of the ship at its final port of destination in Nigeria or upon the discharge of the crew, whichever first happens, deliver or transmit the official log-book of the voyage to the superintendent.

(2) The owner or master of every Nigerian ship, other than a ship to which subsec- tion (1) of this section applies shall, upon the discharge of the crew, deliver the official log-book to the superintendent before whom the crew is discharged.

(3) Upon the delivery or transmission of an official log-book to the superintendent, under the provisions of this section, the superintendent shall give to the owner or master of the ship a certificate of the delivery or transmission and may detain any ship to which this section applies until the condition precedent to the giving of the certificate is fulfilled.

(4) The owner or master of a ship who fails, without reasonable cause, to deliver or transmit an official log-book as required by this section, commits an offence and on con- viction is liable to a fine not less than one hundred thousand naira.

207. Official log-books to be sent to Registrar of Ships on transfer or loss of ship

(1) Where, by reason of transfer of ownership or change of employment ofa Nige- rian ship, the official log-book ceases to be required in respect of the ship or to be re- quired at the same date, the master or owner of the ship shall, if the ship is in Nigeria, within one month and if it is elsewhere, within six months after the cessation, deliver or transmit to the Registrar of Ships the official log-book duly made out at the time of the cessation.
(2) If a Nigerian ship is lost or abandoned, the master or owner of the ship shall if practicable, and as soon as possible, deliver or transmit to the Registrar of Ships the offi- cial log-book duly made out at the time of the loss or abandonment.
(3) The master or owner of the ship referred to in subsections (1) and (2) of th is sec- tion shall inform the Seafarer Services Office of the transfer or change of employment or loss or abandonment of the ship.
(4) The owner or master of a ship who fails, without reasonable cause, to comply with any requirement of this section, commits an offence and on conviction is liable to a fine not exceeding one hundred thousand naira.
Registration and Returns

208. Register of seamen
The Minister shall, by means of the documents transmitted to him in pursuance of this Act and by any other means in his power, keep a register of all persons who serve on Nigerian ships.

209. Return of births and deaths on Nigerian ships

(1) The master of every Nigerian ship, shall, as soon as may be after the birth of a child or the death of a person on board his ship, record in his official log-book or other- wise the fact of the birth or death and other particulars as may be prescribed concerning the birth or death or as may be known to the master.
(2) The master of every Nigerian ship shall, upon the arrival of the ship at a port in Nigeria, deliver or transmit to the superintendent, in such form as may be prescribed, a return of the facts recorded by the master in respect of the birth of a child or the death of a person on board the ship.
(3) The superintendent shall send a certified copy of the returns relating to the births and deaths to the Principal Registrar of Births and Deaths who shall cause same to be filed.
(4) The master of any ship who fails to comply with any requirement under the pro- visions of this section, commits an offence and on conviction is liable to a fine not less than fifty thousand naira.

210. Transmission of documents to Minister

(1) The superintendent shall take charge of all documents which are delivered or transmitted to or retained by him under this Act, and shall keep them for such period as may be necessary for the purpose of settling any business arising at his port or for any other proper purpose.
(2) The superintendent shall if required produce the documents for any of the purposes in subsection (1) of this section and shall transmit the documents to the Minister who shall record and preserve them.
(3) The documents transmitted under this section, shall be admissible in evidence and shall, on payment of the prescribed fee or without payment, if the Minister so directs, be open to inspection by any person.
211. Documents to be handed over to successor on change of master
(1) If, during the progress of a voyage of a Nigerian ship, the master is removed, superseded or for any other reason, the master quits the ship and is succeeded in the command by any other person, the master shall deliver to his successor the various documents, relating to the navigation of the ship and to the crew of the ship, which are in his custody.
(2) Any master of a ship who contravenes the provisions of subsection (1) of this sec- tion, commits an offence and on conviction is liable to a fine not less than two hundred thousand naira.

(3) The successor to every master shall, immediately on assuming the command of a ship, enter in the official log-book a list of the documents delivered to him by his predecessor.
Miscellaneous
212. Minister may dispense with transaction before superintendent

The Minister may from time to time dispense with the transaction before the superintendent, of any matters required by this Part of this Act to be so transacted, and upon dispensing with the transaction, those matters, if otherwise transacted, shall be as valid as if they were transacted before the superintendent.
213. Deposit of documents at overseas port
(1) Whenever a Nigerian ship, (other than a ship whose business for the time being is to carry passengers, whether cabin or deck passengers) arrives at a port in a country outside Nigeria, at which there is an appropriate officer and remains there for forty-eight hours, the master of the ship shall, within forty-eight hours of the arrival of the ship, deliver to the appropriate officer the agreement with the crew, and also all indentures and assignments of cadetships, or such of those documents as the ship is provided with.
(2) The appropriate officer shall keep the documents during the ship’s stay in the port, and, in cases where any endorsements upon the agreement are required by this Act, shall make the endorsement and return the documents to the master within a reasonable time before his departure, with a certificate endorsed on the agreement stating the time when the documents were respectively delivered and returned.
(3) If it appears that the required forms have been neglected, or that the existing laws have been transgressed, the appropriate officer shall make an endorsement to that effect on the agreement and immediately transmit to the Minister a copy of the endorsement, with the full information the appropriate officer is able to gather regarding the neglect or transgression.
(4) The master of a ship who fails, without reasonable cause, to deliver any document in pursuance of this section, commits an offence and on conviction is liable to a fine not less than one hundred thousand naira.
(5) In any prosecution for an offence under this section, if the master ofa ship fails to produce the certificate issued under subsection (2) of this section, it shall be presumed, until the contrary is proved, that the master failed to deliver the document concerned, in pursuance of th is section.
214. Conflict of laws
Where, in any matter relating to a ship or to a person belonging to a ship, there ap- pears to be a conflict of laws and if there is in this Part of this Act, any provision on the subject which is hereby made to extend to that ship, the case shall be governed by the provision but if there is no such provision, the case shall be governed by the law of the country in which the ship is registered or to which the ship belongs.

215. Application to unregistered ships

This Part of this Act shall apply in the case of any unregistered ship which is by Part III of this Act required to be licensed in Nigeria or in any foreign country, as it applies in the case of Nigerian ships.

PART XII
Safety of Life at Sea
General Provisions
216. Application of some related maritime safety Conventions and Protocols
As from the commencement of this Act, the following Conventions, Protocols and their amendments relating to maritime safety shall apply, that is-

(a) International Convention for the Safety of Life at Sea, 1974 (SOLAS);
(b) Protocol relating to the International Convention for the Safety of Life at Sea, 1988 and Annexes I to V thereto;
(c) International Convention on Standards of Training Certification and Watch Keeping of Seafarers, 1978 (STCW) as amended;
(d) International Convention on Maritime Search and Rescue, 1979 (SAR);
(e) International Labour Organisation Convention (No. 32 of 1932) on Protection against Accident of Workers Employed in Loading or Unloading Ships (Dockers Convention Revised 1932);
(f) International Convention on Maritime Satellite Organisation, 1976 (INMAR- SA T) and the Protocol thereto;
(g) the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974 and its Protocol of 1990;
(h) Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, 1988 and the Protocol thereto;
(i) International Convention on Salvage, 1989;
(j) Placing of Seamen Convention, 1920;
(k) International Ship and Ports Facility Security (ISPS) Code; and

(l) International Convention for Safe Containers, 1972.

217. Regulations
(1) . The minister may make such regulations as he deems necessary or expedient for the purpose of carrying out the provisions of this part of this Act.
(2). Without prejudice to the generality of subsection (1) of this section and the provisions contained in this section, the Ministry may by regulation provide for-
(a) the survey of ships and the issue of certificates.
(b) the types and forms of certificates;

(c) the construction and equipments of ships including the provision of life-saving and fire- fighters appliances.
(d) radio communications in ships.
(e) the safety of navigation.
(f) the carriage of grain by ships;
(g) the carriage of dangerous goods by ships.
(h) the safety of navigation.
(i) the design, construction, surveys and marking of nuclear ships;
(j) the management and safe operations of ships.
(k) the construction, surveys and marking of high speed crafts; and
(l) special measures to measures to enhance the memorandum on port state control.

(3) The regulations made under this section shall, in the case of ships to which the safety Convention applies, include such requirements as appear to the Minister necessary for the implementation of the provisions of the Safety Convention or any International Convention on safety.

218. Breach of safety regulations
Any person who fails to comply with and does or attempts to do any act contrary to the provisions of any safety regulations made under section 217 of this Act commits an offence and is liable on conviction to a fine not less than three hundred thousand naira.

Survey of ships

219. Surveyors of ships
(1) The Minister may appoint such number of qualified persons as surveyors of ships, as he deems necessary for the purposes of this Part of this Act.
(2) The Minister may, from time to time, recognise any qualified person as a Surveyor of Ships for the purposes of this Act, whether generally or for any specific purpose, or occasion.
(3) Every Surveyor of Ships and every Radio Surveyor shall have and perform the powers, functions and duties conferred on him by this Act and such other powers, functions and duties as may be necessary to carry into effect the provisions of this Part of this Act.
(4) Without prejudice to the generality of subsection (3) of this section, a Surveyor of Ships or a Radio Surveyor may-
(a) in the execution of his duties, at all reasonable times, go on board any Nigerian ship, wherever the ship may be and any other ship while the ship is in Nigeria, and without unnecessarily detaining or delaying the ship from proceeding on any voyage or excursion, surveyor inspect the ship or any part of the ship, or any of the machinery, boats and equipment, cargo and other property or articles on board the ship, and any certificates or other documents which relate to the ship, or to any officer of the ship, and to which this Act applies; and

(b) in consequence of an accident in a ship or for any other reason he considers necessary, require the ship to be taken into dock for the purpose of surveying or inspecting the hull of the ship.

(5) The Minister may make rules as to the powers, functions and duties of surveyors under this Act.

220. Ships to be surveyed annually

(1) The owner of a Nigerian ship or coastal trade and inland water ship, shall, except this Act otherwise provides, cause the ship to be surveyed in the manner provided in this Part of this Act, at least once every year.

(2) If the ship referred to in subsection (1) of this section is, during the whole of the last month of any annual period prescribed, absent from Nigeria, the owner shall cause the ship to be surveyed within one month from the date on which the ship next returns to a Nigerian port.

221. Surveyor’s record of inspections and certificates
A surveyor shall keep a record of the inspections he makes and certificates he issues in such form and with such particulars respecting the inspection and certificates as the Minister may direct.

222. Ships not to proceed to sea without certificate of survey
(1) No ship to which this section applies shall, except where this Act otherwise pro- vides, ply or proceed to sea or on any voyage or excursion unless there is a valid certificate of survey in force in respect of that ship under this Part, which certificate is applicable to the voyage or excursion on which the ship is about to proceed.
(2) This section applies to–
(a) a Nigerian registered ship;
(b) any coastal trade and inland waters ship; and
(c) any other passenger ship, while it is within any port in Nigeria.
(3) A ship to which this section applies that attempts to ply or go to sea without pro- ducing a valid certificate of survey may be detained until the certificate is produced.
223. Declaration of survey and partial surveys
(1) The declaration of a surveyor shall, subject to the provisions of this section as to surveys and partial surveys, state-
(a) the number of passengers which the ship is, in the judgment of the surveyor, fit to carry and distinguish, if necessary between the respective numbers to be carried on the deck, in the cabins, and in different parts of the deck and cabins;

(b) the number of persons comprising the crew (including the master) for whom accommodation is provided in accordance with this Act; and, where the case requires, any conditions and variations, according to the time of year, the nature of the voyage, the cargo carried or other circumstances to which the number is subject;

(2) If, in the judgment of a surveyor, a ship is fit to ply on international voyages only while engaged in a special passenger trade, the surveyor shall state that fact in the declaration of survey.

(3) If, in the judgment of any surveyor, a ship is fit to ply or proceed within certain Iimits only, the surveyor shall state that fact in the declaration of survey.

(4) If, in the judgment of a surveyor, a ship is fit to ply within certain limits subject to compliance with certain conditions, the surveyor shall specify those conditions in the declaration of survey; and, if those conditions need to, in the judgment of the surveyor, be varied according to different intended uses of the ship, the surveyor shall, in his declaration of survey, specify the conditions appropriate to each of the uses.

(5) If, under subsection (1) of this section, a ship is partially surveyed, the surveyor shall state in the declaration of survey the extent to which he has surveyed the ship.

(6) Subject to the provisions of subsections (1) to (7) of this section and to the other provisions of this Act, the declaration of survey shall contain such statements of particulars as, having regard to the applicable requirements of this Act, the Minister may from time to time or in a particular case direct.

(7) The owner of a ship surveyed, or his agent shall within seven days after the receipt of a declaration of survey, deliver the declaration of survey to the Minister or to such person as the Minister may direct.

(8) An owner or agent who fails, without reasonable cause to deliver the declaration of survey received by him to the Minister, commits an offence and on conviction is liable to a fine not less than twenty thousand naira for each day the offence continues,

224. Owner may appeal if surveyor refuses declaration

(1) Subject to the provisions of this section, if the owner of a ship is aggrieved by the declaration of survey of a surveyor, or by the refusal of the surveyor to give the declaration, the owner may appeal in the prescribed manner to the Minister.
(2) On receipt of an appeal under subsection (1) of this section the Minister shall convene a Board of Survey, or refer the appeal to a scientific referee under this Act at the port at which or nearest to the place, where the ship is, for the time being,

(3) The Board of Surveyor the scientific referee as the case may be, shall investigate and make a report to the Minister and the Minister may, if satisfied that the requirements of the report and of the provisions of this Part of this Act have been complied with, issue a certificate of survey,

(4) Where a surveyor (making a survey for the purposes of a declaration of survey) is required by the owner of a ship to make the survey for the purposes of this Part of this Act in his presence or in the presence of a person appointed by the owner, and the surveyor and the owner or person appointed by the owner agree on the declaration of survey, no appeal shall lie under this section to the Minister.

225. Surveyors to make returns

(1) Every surveyor appointed under this Act shall, from time to time, make such re- turns to the Minister as the Minister may require with respect to the build, dimensions, draught, position of the load lines or other markings, tonnage, rate of sailing, room for fuel and the nature and particulars of machinery and equipment of any ship surveyed by the surveyor pursuant to this Part of this Act.

(2) The owner, master and engineer of any ship surveyed shall, on demand, give to the surveyor all the information and assistance within the power of the owner, master or engineer required for the purpose of returns under subsection (1) of this section,

(3) Any owner, master or engineer who fails to furnish the surveyor with any information required for the purposes of returns under subsection (2) of this section commits an offence and on conviction is liable to a fine not less than one hundred thousand naira,

226. Recognition of certificate of survey granted in other countries

(1) Where a foreign ship, which is not a Safety Convention passenger ship, has a foreign certificate of survey attested by an appropriate officer at a port in a foreign country, and the Minister is, by the production of that certificate, satisfied that-

(a) the ship has been officially surveyed at the port;

(b) the certificate remains in force; and

(c) as to the matters covered by the survey made for the purposes of the certificate, it appears to meet substantially the requirements of this Act the Minister may, subject to compliance by the owner with any condition which the Minister may specify, direct that the certificate shall be deemed to be a certificate of survey issued under this Act, and the certificate shall have effect accordingly.

(2) The Minister may, by order declare that the provisions of this subsection shall not apply in the case of a foreign ship whose certificate of survey complies with the require- ments of this section, if it appears to the Minister that corresponding advantages are not extended to Nigerian ships at the port at which the foreign ship was surveyed.

(3) Without limiting the discretion of the Minister to require compliance with any condition pursuant to subsections (1) and (2) of this section, the conditions may provide for-

(a) the survey annually of the hull, machinery and equipment or any part of the hull, machinery or equipment, of the ship by a Surveyor of Ships under this Act, and compliance with any requirements of the surveyor;

(b) the survey by a Surveyor of Ships under this Act in respect of any requirement of this Act or of any subsidiary legislation made or deemed to have been made under this Act relating to any matter which, in the judgment of the Surveyor of Ships, has not (or may not have) been surveyed in the manner under this Act.

(4) Where the Minister directs that a certificate of survey, to which the provisions of subsections (1), (2) and (3) of this section apply is deemed to be a certificate of survey issued under this Act, except as may be required by the Minister pursuant to those sub- sections, the ship in respect of which the certificate was issued shall, while the certificate remains in force, be exempt from survey under section 220 of this Act.

(5) The period of an exemption under subsection (4) of this section shall in no case exceed one year from the date of the survey in respect of which the certificate was granted.

(6) Where a ship which has been issued with a certificate of survey to which, if in force, subsection (1) of this section applies, calls at a port in Nigeria before the termina- tion of its voyage and the term of its certificate expires during the course of that voyage, the Minister may, upon the report of a surveyor that he is satisfied as to the seaworthiness of the ship, grant a permit for the ship to clear from Nigeria in continuation of its voyage.

(7) Where a permit under subsection (4) of this section has been granted in respect of any ship, the ship shall for the purpose of continuing its voyage, be exempt from sec- tion 220, and section 222 shall apply to that ship as if it had not made that call at a port in Nigeria.

Certificates

227. Issue of certificates of survey

(1) The Minister on the receipt of a declaration of survey shall, if satisfied that this Part of this Act has been complied with, issue in duplicate a certificate of survey stating the compliance, and stating-

(a) the limits, If any, beyond which the ship is not fit to ply or proceed;
(b) the number of persons, including the master, comprising the crew of the ship for whom accommodation is provided;
(c) the number of passengers, if any, that the ship is fit to carry, distinguishing if necessary, the number of passengers to be carried in each part of the ship, and conditions and variations to which the number is subject; and
(d) any other particular as may be prescribed.
(2) A certificate of survey issued in respect of a ship under this section shall bear as its date of issue a day not later than fourteen days after the day on which the Minister received the declaration of survey relating to the ship.
228. Issue of safety certificates to passenger ships, etc.
(1) If the Minister, on receipt of a declaration of survey in respect of a Nigerian passengership, is satisfied that the ship-
(a) complies with the construction rules, rules for lifesaving appliances, radio rules applicable to the ship and to such international voyages as the ship is to be engaged on; and

(b) is properly provided with the lights, shapes and means of making fog signals required by the collision rules, the Minister shall, on the application of the owner, issue in respect of the ship a certificate, in this Act referred to as a “general safety certificate”, showing that the ship com- plies with the requirements of the Safety Convention applicable.

(2) If the voyages on which the ship is to be engaged are short international voyages and the ship complies only with such of those rules as are applicable to the voyages, the certificate (in this Act referred to as a “Short Voyage Safety Certificate”) shall show that the ship complied with the requirements of the Safety Convention applicable to it as a ship plying on short international voyages.

(3) If the Minister, on receipt of a declaration of survey in respect of any passenger ship, is satisfied that the ship is exempt, by virtue of any exercise by the Minister of a power in that behalf conferred on him by this Act or by the rules in question, from any of the requirements of the construction rules, rules for lifesaving appliances, radio rules applicable to the ship and to such international voyages as the ship is to be engaged on, whether short voyages or otherwise, that the ship complies with the rest of these requirements, and is properly provided with the lights, shapes and means of making fog signals required by the collision rules, the Minister shall, on the application of the owner, issue in respect of the ship-

(a) an exemption certificate stating which of the requirements of the Safety Convention applicable to the ship, the ship is exempt from, and that the exemption is conditional on the ship plying only on the voyages and being engaged only in the trades and complying with the other conditions, if any, specified in the certificate; and
(b) a certificate showing that the ship complies with the rest of the requirements.
(4) A certificate issued under paragraph (b) of subsection (2) of this section shall in this Act be referred to as a “qualified safety certificate” or a “qualified short voyage safety certificate”, as the case may be.
229. Issue to cargo ships of safety equipment and exemption certificates
(1) If the Minister, on receipt of a declaration of survey in respect of a Nigerian cargo ship, is satisfied that the ship-
(a) complies with the rules for lifesaving appliances applicable to the ship and to such international voyages as the ship is to be engaged on; and

(b) is properly provided with the lights, shapes and means of making fog signals required by the collision rules, the Minister shall, on the application of the owner, issue in respect of the ship, a certificate showing that the ship complies with the requirements of the Safety Convention relating to the matters applicable to the ship and a certificate issued under this subsection shall be referred to as a “safety equipment certificate”.

(2) If the Minister, on receipt of a declaration of survey in respect of any ship as referred to in subsection (1) of this section, is satisfied that the ship is exempt, by virtue of any exercise by the Minister of a power in that behalf conferred on him by this Act or by the rules for lifesaving appliances, from any of the requirements of those rules applicable to the ship and to the international voyages the ship is engaged on, and that the ship complies with the rest of the requirements and is properly provided with the lights, shapes and means of making fog signals required by the collision rules, the Minister shall, on the application of the owner, issue in respect of the ship-
(a) an exemption certificate stating which of the requirements of the Safety Con- vention, relating to the rules for lifesaving appliances and applicable to the ship, the ship is exempt from and that the exemption is conditional on the ship plying only on the voyages and complying with the other conditions, if any, specified in the certificate; and
(b) a certificate showing that the ship complies with the rest of the requirements.
(3) A certificate issued under paragraph (b) of subsection (2) of this section shall in this Act be referred to as a “qualified safety equipment certificate”.
230. Issue to cargo ships of radio certificates and exemption certificates

(1) If the Minister, on receipt of a declaration of survey in respect of a Nigerian cargo ship, is satisfied that the ship complies with the radio rules applicable to the ship and to such international voyages as the ship is to be engaged on, the Minister shall, on the application of the owner, issue in respect of the ship, a certificate showing that the ship complies with such of the requirements of the Safety Convention relating to radio communications as are applicable and any certificate issued under this subsection shall in this Act be referred to as a “radio certificate”

(2) If the Minister, on receipt of a declaration of survey in respect of a Nigerian cargo ship, is satisfied that the ship is exempt, by virtue of any exercise by the Minister of a power in that behalf conferred on him by this Act or by the rules In question, from any of the requirements of the radio rules applicable to the ship and to such international voy- ages as the ship is to be engaged on, and that it complies with the rest of the requirements of the radio rules, the Minister shall, on the application of the owner, issue in respect of the ship-
(a) an exemption certificate stating which of the requirements of the Safety Convention relating to radio communications, are requirements applicable to the ship and from which the ship is exempt and that the exemption is conditional on the ship plying only on the voyages and complying with the other conditions, if any, specified in the certificate; and
(b) a certificate showing that the ship complies with the rest of the requirements.
(3) A certificate issued under paragraph (b) of subsection (2) of this section shall in this Act be referred to as a “qualified radio certificate”.
(4) Where any Nigerian ship is wholly exempt from the requirements of the radio rules, the Minister shall, on the application of the owner, issue an exemption certificate stating that the ship is wholly exempted from the requirements of the Safety Convention relating to radio communications, and specifying the voyages from which, and condi- tions, if any, on which, the ship is so exempt and any certificate issued under this subsection shall in this Act be referred to as a “radio exemption certificate”.
231. Issue of general safety certificates, etc., on partial compliance with rules
Where a ship complies with all the requirements of the construction rules, rules for lifesaving appliances, radio rules applicable to the ship and to the voyages on which it is to be engaged, so far as those requirements are requirements of the Safety Convention applicable to the ship, the Minister may issue in respect of the ship-
(a) a general safety certificate;
(b) short voyage safety certificate;
(c) a safety equipment certificate; or
(d) a radio certificate, as the case may be, notwithstanding that the ship is exempt from, or for some other reason does not comply with, any requirements of the rules that are not applicable requirements of the Safety Convention.
232. Transmission of certificates
(1) The Minister shall cause every certificate issued under this Part of this Act to be transmitted to the Registrar of Ships or a Surveyor of Ships at the port mentioned by the owner for the purpose, or at the port where the owner or agent of the ship resides, or where the ship has been surveyed or is at the time lying.

(2) The Minister shall cause a notice of the transmission made pursuant to subsec- tion (1) of this section to be given to the owner, agent or master of the ship and the Registrar of Ships or Surveyor of Ships to whom the certificate was transmitted shall, on the owner, agent or master applying and paying the proper fee and other sums, if any,mentioned in this Act as payable in that behalf, deliver the certificate to the owner, agent or master of the ship.

(3) In proving the issue of a certificate, it is sufficient to show that the certificate was duly received by the Registrar of Ships or Surveyor of Ships and that due notice of the transmission was given to the owner, agent or master of the ship.

(4) In any case where there is no time for a certificate of survey to be delivered to the owner, agent or master as provided in subsection (2) of this section, before the ship sails from the port of survey, the surveyor may grant an interim certificate in such form as the Minister may approve.
(5) Every interim certificate issued under subsection (4) of this section shall have effect fect as if it were a certificate of survey issued under the provisions of this Part of this Act, and shall be in force for the period specified in the certificate not exceeding two months from the date of its issue.
233. Modification of provisions for exemption of ships

The provisions of subsection (1) of section 245 of this Act and any order made or deemed to have been made under that section shall not apply to Safety Convention ships plying on certain international voyages in respect of the exemption of the ships from any of the provisions of this Part of this Act except section 256 of this Act.

234. Notice of alterations and additional surveys
(1) The owner or master of a ship in respect of which certificate issued under this Part is in force shall, as soon as possible after any alteration is made in the ship’s name, ownership, hull, equipment or machinery affecting the efficiency or the seaworthiness of the ship or the terms of the certificate, give notice in writing containing full particulars of the alteration, to the Minister.
(2) The Minister may where he has reason to believe that-
(a) a certificate issued in respect of any ship under this Part of this Act was obtained fraudulently or on wrong information; or
(b) since the making of the last declaration of survey, an alteration, as is mentioned in subsection
(1) of this section, has been made to any ship; or
(c) since the making of the last declaration of survey, the hull, equipment or machinery of a ship had sustained any injury or had otherwise become insufficient, immediately cancel any certificate issued in respect of the ship under this Part of this Act; or require the owner of the ship to have the hull, equipment and machinery of the ship surveyed again to such extent as the Minister thinks fit; and, if the requirement is not complied with, may cancel any certificate issued in respect of the ship under this Part of this Act.

(3) Whenever the Minister cancels any certificate under subsection (3) of this section, he shall give notice to the owner, agent or master of the ship of the cancellation and of the reasons for the cancellation.
(4) In any such case, the Minister may, if satisfied that the ship complies with the re- quirements of this Part of this Act as to survey, and that the justice of the case so requires, re-Issue any cancelled certificate or Issue a new certificate in its place, without requiring that the ship be re-surveyed or that a further declaration of survey be transmitted.
(5) For the purposes of this section, “alteration”, in relation to anything, includes the renewal of any part of the thing.
(6) The owner or master of a ship who fails to give notice of an alteration under this section commits an offence and on conviction is liable to a fine not less than fifty thou- sand naira.

235. Certificate to be posted on board

(1) The owner or master of every ship shall, immediately on the receipt by him or his agent of a certificate under this Part, cause the certificate to be put up in some conspicuous place on board the ship, such that the certificate is legible to all persons on board, and is so kept and legible while the certificate remains in force and the ship is in use.

(2) The owner or master who fails to put up the certificate as provided in subsection (1) of this section commits an offence and on conviction is liable to a fine not less than fifty thousand naira.

(3) If a ship plies or goes to sea or on any voyage or excursion with or without pas- sengers on board, without complying with the provisions of this section, the owner and the master of the ship shall each be deemed to have committed an offence and on conviction be liable to a fine not less than fifty thousand naira.
236. Prohibition on proceeding to sea without appropriate certificates
(1) No Nigerian ship shall proceed to sea on an international voyage from a port in Nigeria unless there is in force in respect of the ship-

(a) if the ship is a passenger ship, a safety certificate which, subject to the provi- sions of this section relating to short voyage safety certificates, is applicable to the voyage on which the ship is about to proceed and to the trade in which it is for the time being engaged; or
(b) if the ship is a cargo ship, both-

(i) a safety equipment certificate or a qualified safety equipment certifi- cate; and

(ii) a radio certificate, a qualified radio certificate or a radio exemption certificate.

(2) The provisions of subsection (1) of this section shall not prohibit a cargo ship from proceeding to sea if there is in force in respect of the ship such certificate or certifi- cates as would be required if the ship were a passenger ship.

(3) The master and owner of a ship which proceeds to sea without a certificate in ac- cordance with this section shall be deemed to have committed an offence and on conviction shall be liable to a fine not less than five hundred thousand naira or to imprisonment for three years or to both.

(4) For the purposes of this section, a qualified safety equipment certificate shall not be deemed to be in force in respect of a ship unless there is also in force in respect of the ship, the corresponding exemption certificate and an exemption certificate shall be of no effect unless the certificate is, by its terms, applicable to the voyage on which the ship is about to proceed.

(5) The master of every Nigerian ship shall produce to the collector of customs from whom a clearance for the ship is demanded for an international voyage, any certificate required by subsections (1), (2) and (3) of this section to be in force when the ship pro- ceeds to sea, and the collector of customs shall not grant clearance to and may detain the ship until the required certificate is produced.

(6) Where the Minister permits a passenger ship in respect of which a short voyage safety certificate is in force, whether qualified or not, to proceed to sea on an international voyage from a port in Nigeria not exceeding twelve hundred nautical miles in length between the last port of call in Nigeria and the final port of destination, the certificate shall, for the purposes of this section, be deemed to be applicable to the voyage on which the ship is about to proceed, notwithstanding that the voyage exceeds six hundred nautical miles between those ports.
(7) Where an exemption certificate, including a valid exemption certificate issued under this Part of this Act in respect of a Nigerian ship specifies conditions on which the certificate is issued and those conditions are not complied with, the owner and master of the ship shall each be deemed to have committed an offence and on conviction be liable to a fine not less than five hundred thousand naira.

237. Modification of Safety Convention certificates in respect of lifesaving appliances
(1) If, on any international voyage, a Nigerian passenger ship in respect of which a safety certificate is in force has on board a total number of persons less than the number stated in that certificate to be the number for which the lifesaving appliances on the ship provide, the Minister may, at the request of the master of the ship, issue a memorandum stating the total number of persons carried on the sh ip on that voyage, and the consequent modification which may be made for the purpose of that voyage in the particulars with respect to lifesaving appliances stated in the certificate, and that memorandum shall be annexed to the certificate.

(2) The master of the ship in respect of which any memorandum is issued shall return the memorandum to the Minister at the end of the voyage to which it relates and if it is not so returned, the master of the ship commits an offence and on conviction is liable to a fine not less than two hundred thousand naira.

238. Duration of certificates

(1) A certificate of survey, a safety certificate, a radio certificate or a radio exemption certificate shall be in force for a period of one year, and a safety equipment certificate shall be in force for two years, from the date of the issue of the certificate or for such shorter period as may be specified in the certificate

(2) No certificate under subsection (1) of this section shall remain in force after no- tice is given by the Minister to the owner, agent or master of the ship in respect of which it has been issued that the Minister has cancelled the certificate.

(3) An exemption certificate, other than a radio exemption certificate, shall be in the force for the same period as the corresponding qualified certificate.
239. Expired and cancelled certificates to be given up
(1) A certificate issued under this Part of this Act, which certificate has expired or has been cancelled, shall be delivered by the owner, agent or master of the ship to the Minister or a person nominated by the Minister.
(2) Where, under this Act, two or more certificates are combined in one document, and one of the certificates has expired or been cancelled and the other certificate remains in force, the document shall be delivered by the owner, agent or master of the ship to the Minister or his nominee for the purpose of endorsement; and any document so delivered shall, when endorsed, be returned to the master, owner or agent in the manner provided for the transmission of certificates by section 232 of this Act.

(3) If a certificate or document is required to be delivered under this section, the Minister may cause the ship to be detained until the certificate is delivered.
240. Extension of certificates
(1) The Minister may, in his discretion, if satisfied that the condition of the hull, machinery and equipment of a ship is such as to justify the Minister in doing so, grant an extension of any certificate issued under this Part-
(a) in the case of any certificate of survey issued under section 227 of this Act; and

(b) in the case of a Safety Convention certificate issued in respect of a Nigerian ship, for a period not exceeding one month from the date when the certificate would have, but for the extension, expired.
(2) If any Nigerian ship in respect of which any safety certificate, or any safety equipment certificate or radio certificate, whether qualified or not, or any radio exemption certificate is issued under this Part of this Act is absent from Nigeria on the date when the certificate is due to expire, the Minister or any person authorised by him in that behalf may grant an extension of that certificate for a period not exceeding five months from that date.
(3) Any extension of a certificate under the provisions of this section may be granted, notwithstanding that the certificate has expired, as long as the application for the extension is received before the date the certificate expired.

(4) On any extension being granted under subsection (3) of this section, the certificate shall be deemed always to have been in force but nothing in that subsection shall be deemed to authorise the granting of any extension beyond the period specified in subsections (1) and (2) of this section.
241. Safety Convention certificates and admissibility in evidence
(1) A Safety Convention certificate shall be in such form as may be approved by the Minister, and the construction rules, rules for lifesaving appliances and radio rules as the case may be, shall make such provisions with respect to Safety Convention certificates, as appear to the Minister to be necessary, having regard to the Annexures to the Safety Convention.
(2) Any safety certificate or any radio certificate, whether qualified or not, or any radio exemption certificate, issued under this Part of this Act in respect of any ship may be combined in one document with any certificate of survey issued under this Part of this Act in respect of the ship.
(3) A certificate issued by the Minister under this Part of this Act, and any document in which two or more certificates are, under the provisions of subsections (1) and (2) of this section combined, may be signed on behalf of the Minister by any person authorised by the Minister for this purpose and the certificate or document purporting to be so signed shall be admissible in evidence.

242. Issue of certificates by one Government at request of another

(1) The Minister may request the Government of a country to which the Safety Con- vention applies to issue in respect of a Nigerian ship, any Safety Convention certificate which is authorised to be issued under this Part of this Act; and a certificate issued in pursuance of the request and containing a statement that it has been so issued, shall have effect for the purposes of this Act as if it had been issued by the Minister and not by the Government of that country.

(2) The Minister may, at the request of the Government of a country to which the Safety Convention applies, issue in respect of a ship registered in or belonging to that country, any Safety Convention certificate, the issue of which in respect of Nigerian ships is authorised under the preceding provisions of this Part, if the Minister is satisfied that it is proper for him to do so; and a certificate issued in pursuance of the request, and containing a statement that it has been so issued, shall have effect for the purposes of this Act as if it had been issued by that Government and not by the Minister.

243. Forgery of certificates

A person who-
(a) knowingly and wilfully makes, or assists in making or procures to be made, a false or fraudulent declaration of surveyor certificate under this Part of this Act; or
(b) forges, assists in forging, procures to be forged, fraudulently alters, assists in Fraudulently altering or procures to be Fraudulently altered, any such declaration or certificate, or anything contained in or any signature to any such declaration or certificate,
commits an offence and on conviction is liable to a fine not less than two hundred thou- sand naira or to imprisonment for a term not less than two years, or to both.

Safety Convention Ships of Other Countries

244. Certificates of Convention ships of other countries
(1) The Minister may by Order provide that certificates issued in accordance with the Safety Convention by the Government of a country other than Nigeria in respect of Safety Convention ships, not being Nigerian ships, or having effect under subsection (2) of section 242 of this Act as if so issued, be accepted as having the same force as corressponding certificates issued by the Minister under this Act.
(2) Any certificate required by an Order under subsection (1) of this section to be so treated is in this Act referred to as “Accepted Safety Convention Certificate”.
(3) A surveyor for the purpose of veri tying-
(a) that there is in force in respect of a Safety Convention ship, not being a Nigerian ship, an Accepted Safety Convention certificate; or
(b) that the condition of the hull, equipment and machinery of any Safety Convention ship corresponds substantially with the particulars shown in the certificate; or
(c) that the number, grades and qualifications of radio officers or operators on board correspond with those shown in the certificate except where the certificate states that the ship is wholly exempt from the provisions of the Safety Convention relating to radio communications; or
(d) that the conditions on which a certificate, being the equivalent of an exemption certificate, is issued are complied with, shall have all the powers of an inspector under this Act.

(4) Where there is attached to an Accepted Safety Convention Certificate in respect of a Safety Convention passenger ship, not being a Nigerian ship, a memorandum which-
(a) is issued by or under the authority of the Government of the country in which the ship is registered or to which the ship belongs; and
(b) modifies for the purpose of any particular voyage, in view of the number of persons carried on the voyage, the particulars stated in the certificate with respect to lifesaving appliances, the certificate shall have effect for the purpose of the voyage as if it were modified in accordance with the memorandum.

245. Modified survey of passenger ships holding Convention certificates
(1) Where an Accepted Safety Convention Certificate is produced in respect of a Safety Convention passenger ship, not being a Nigerian ship-
(a) the ship shall not be required to be surveyed under this Act by a surveyor ex- cept for the purpose of determining the number of passengers, if any, that the ship is fit to carry; and

(b) on receipt of any declaration of survey for the purpose of determining the number of passengers, the Minister shall issue a certificate under section 227 of this Act containing only a statement of the particulars set out in paragraph (c) of subsection (1) of section 227 of this Act and a certificate so issued shall have effect as a certificate of survey.
(2) Where there is produced in respect of any ship mentioned in subsection (1) of this section an Accepted Safety Convention Certificate, and a certificate issued by or under the authority of the Government of the country in which the ship is registered or to which it belongs showing the number of passengers the ship is fit to carry, and the Minister is satisfied that the number has been determined substantially in the same manner as in the case ofa Nigerian ship, the Minister may, if he thinks fit, dispense with any survey of the ship for the purpose of determining the number of passengers that the ship is fit to carry, and direct that the last mentioned certificate has effect as a certificate of survey.
246. Modified survey of cargo ships holding Convention certificates
Where a Safety Convention cargo ship, which is not a Nigerian ship, is surveyed in Nigeria in the manner prescribed in this Part of this Act, and there is produced in respect of the ship an Accepted Safety Convention Certificate by virtue of the production of which that ship is, under section 247 of this Act, exempted from the rules for lifesaving appliances, or, as the case may be, from the radio rules, the surveyor shall state in his declaration of survey that if the Minister upon receipt of a declaration of survey, issues a certificate of survey in respect of any such ship, the Minister shall state in the certificate the rules from which that ship is exempted and the reasons for the exemption.
247. Miscellaneous privileges of ships holding Convention certificates
Where an Accepted Safety Convention Certificate is produced in respect of a Safety Convention ship which is not a Nigerian ship, and the certificate shows that the ship-
(a) is properly supplied with the lights, shapes and means of making signals required by the collision rules; or
(b) complies with the requirements of the Safety Convention as to lifesaving and fire-extinguishing appliances or if exempted from some of those requirements the ship complies with the rest; or
(c) that the ship complies with or is exempted from the requirements of the Safety Convention relating to radio communications, or if exempted from some of those requirements, the ship complies with the rest, the ship shall, to the extent to which the certificate is applicable, be exempted from inspection for the purposes of enforcing the collision rules or from the provisions of the rules for lifesaving appliances or of the radio as the case may be.
248. Further provisions as to the production of Convention certificates

(1) The master of a Safety Convention ship, which is not a Nigerian ship, shall pro- duce to the collector of customs from whom a clearance for the ship is demanded in re- spect of an international voyage from a port in Nigeria, an Accepted Safety Convention Certificate that is the equivalent of the Safety Convention Certificate issued by the Minis- ter under this Part of this Act, required to be in force in respect of the ship if the ship were a Nigerian ship; and a clearance shall not be granted, and the ship may be detained until the certificate is so produced.

(2) The production of an Accepted Safety Convention Certificate which is the equivalent of-
(a) a qualified safety equipment certificate; or
(b) an exemption certificate, other than a radio exemption certificate, shall not avail for the purposes of this section or section 247 of this Act unless there is produced, the corresponding exemption certificate or qualified certificate, as the case may be.

249. Interpretation of this Part In this Part of this Act-
“certificate” means a certificate issued In accordance with the safety regulations made under this Act;
“Safety Convention” means the International Convention for the Safety of Life at Sea, 1974 as amended and its Protocol of 1978, together with such further other International Conventions on Safety as the Minister may, by Order declare to be in effect;
“Safety Convention Certificate” means a certificate that is required to be issued to a Safety Convention ship that complies with the relevant provisions of the Safety Convention and includes a Safety Certificate, Safety Construction Certificate, Safety Equipment Certificate, Safety Radio Certificate and any such certificate that is limited, modified or restricted by an exemption certificate;
“Safety Convention country” means a country the Government of which has accepted the Safety Convention;
“Safety Convention ship” means a ship to which the Safety Convention applies.
PART XIII

Construction of Ships

250. Construction rules
(1) The Minister may make rules (in this Part of this Act referred to as “construction rules”) prescribing requirements as to the hull, equipment and machinery of a Nigerian ship or any class of coastal or inland water ship.
(2) Every Nigerian ship or coastal or inland water ship shall, unless any of those classes of ships are otherwise exempted under this Act from the requirements of annual survey, comply with the requirements as are applicable.
(3) The power to make construction rules includes the power to make such further rules in relation to the construction rules as appear to the Minister necessary to implement the provisions of the Safety Convention.
(4) The Minister shall ensure that every ship constructed in Nigeria, to which the Safety Convention is applicable, shall comply in every particular with the provisions of the Convention.
251. Ships built in Nigeria
(1) The provisions of this section shall apply with respect to every ship built in Nigeria.
(2) The builder of a ship shall submit the plans and specifications of the ship in du- plicate to the Minister, and shall not commence the building until the Minister has ap- proved of the plans and specifications.
(3) If a builder of a ship builds a ship without complying with the provisions of this section, the Minister may order the ship to be detained absolutely or until the builder performs the conditions with respect to alterations as the Minister thinks fit.
(4) The builder of a ship shall pay such fees for the examination of the plans and specifications of a ship under this section, as the Minister may, from time to time, direct.
(5) Any person who contravenes any of the provisions of this section commits an of- fence and on conviction is liable to a fine not less than one hundred thousand naira.

Lifesaving Appliances

252. Rules for lifesaving appliances
The Minister may make rules for lifesaving appliances which rules shall include such requirements as appear to the Minister expedient for the implementation of the provisions of the Safety Convention relating to the matters mentioned in this Pari of this Act.
253. Ships to be provided with lifesaving appliances
The owner and the master of a ship to which this Part of this Act applies shall ensure that his ship is provided, in accordance with the rules for lifesaving appliances, with such of the appliances as, having regard to the nature of the service for which the ship is em- ployed, and the avoidance of undue encumbrance of the ship’s deck, are best adapted for securing the safety of the ship’s crew and passengers.

254. Inspection of ships for purposes of rules
(1) A Surveyor of Ships may inspect a ship for the purpose of ensuring that the ship is properly provided with lifesaving appliances in conformity with this Act, and for the purpose of the inspection shall have all the powers of an inspector under this Act.
(2) If a Surveyor of Ships finds that the rules for lifesaving appliances have not been complied with, he shall give to the master or owner of the ship, a notice in writing stating in what respect there has been failure in compliance and what, in the opinion of the surveyor, is required to remedy the same.

(3) A notice given under subsection (2) of this section shall be communicated in the manner directed by the Minister, to the collector of customs at any port at which the ship may seek to obtain a clearance, and a clearance shall not be granted to the ship, which ship shall be detained by the collector of customs, until a certificate under the hand of a Surveyor of Ships is produced to the effect that the matter required to be remedied has been rectified

Baal Drill and Fire Drill
255. Boat and fire drill
(1) The master of a Nigerian ship shall-
(a) cause his crew to be properly exercised in boat and fire drills at such times and in such manner as may from time to time be prescribed by the rules for lifesaving appliances;
(b) cause an entry to be made in the official log-book of every occasion on which a boat drill or a fire drill is practised on board the ship or on which the appliances and equipment required by the rules for lifesaving appliances to be carried are examined to see whether they are fit and ready for use, and of the result of any such examination;

(c) If in the case of-
(i) a passenger ship, a boat drill or fire dri II is not practised on board the ship in any week, or
(ii) any other ship, a boat drill or fire drill is not practised on board the ship in anyone month, or
(iii) any ship, the boat and fire drill appliances and equipment are not examined in any such period as is prescribed by the rules for lifesaving appliances, the master of the ship shall cause a statement of the reasons why the drill was not practised or the appliances and equipment were not examined in that week, month or period to be entered in the official log-book;

(d) permit any Registrar of Ships or surveyor, or any collector or other officer of customs, to be present at any drill, and to inspect any entry made in the official log-book in pursuance of this section;
(e) cause a boat or fire drill, or both, to be carried out in the presence ofa surveyor at such times, while the ship is in port as the surveyor may require.
(2) Any master of a ship who fails to comply with any of the provisions of this sec- tion commits an offence and on conviction is liable to a fine not less than one hundred thousand naira.

Adjustment of Compasses

256. Ships to have compasses adjusted The Minister may make rules-

(a) providing for the licensing of properly qualified persons to be adjusters of compasses;
(b) prescribing the examination to be passed by applicants for such licences;
(c) fixing the fees to be paid for the adjustment of compasses;
(d) providing for the adjustment of compasses and the transmission of deviation tables;

(e) providing for the keeping and inspection of certificates;
(j) providing for the granting of exemptions for specified classes of ships; and
(g) providing for the recognition of certificates granted in other countries.

PART XIV

Radio Rules
257. Radio rules
(1) The Minister may make rules (in this Act referred to as “radio rules”) requiring ships to which this section applies to-
(a) be provided with radio installation, other than a radio navigational aid, of such a nature as may be prescribed by the rules; and
(b) maintain such a radio service and to carry such number of radio officers or operators, of such grades and possessing such qualifications, as may be so prescribed, and the rules may contain provisions for preventing, as far as is practicable electrical interference with the radio installation by other apparatus on board.
(2) This section applies to-
(a) a sea-going Nigerian ship;
(b) any other sea-going ship while it is within any port in Nigeria.

(3) The radio rules shall include such requirements as appear to the necessary to implement the provisions of the Safety Convention relating communications
(4) A Radio Surveyor may inspect any ship for the purpose of seeing that the ship is properly provided with a radio installation and radio officers or operators in conformity with the radio rules, and for that purpose shall have all the powers of an inspector under this Act; and, if the Radio Surveyor finds that the ship is not provided with a radio installation or radio officers or operators in conformity with the radio rules, he shall give to the owner or master notice in writing pointing out the deficiency, and pointing out what in his opinion is requisite to remedy the deficiency.
(5) A notice given under subsection (4) of this section shall be communicated in the manner directed by the Minister to the collector of customs, at any port at which the ship may seek to obtain a clearance, and the ship shall be detained by the collector of customs until a certificate under the hand of a Radio Surveyor is produced to the effect that the ship is properly provided with a radio installation and radio officers or operators in conformity with the radio rules.

Radio Surveyors

258. Appointment of Radio Surveyors

Subject to the provisions of any rules made under this Part of this Act, there shall be appointed such number of qualified persons to be Radio Surveyors, as may be necessary, and the Minister may recognise any qualified person as a Radio Surveyor generally or for a specified purpose or for a specified occasion

PART XV

Safety Provisions for Miscellaneous Vessels
259. Safety rules for miscellaneous vessels
(1) The Minister may make rules generally for the safety of vessels in Nigeria other than ships which are not Safety Convention ships and in respect of which the Minister is satisfied that other adequate provisions do not exist.
(2) Without prejudice to the generality of the provisions of subsection (1) of this section, the Minister may make rules to-
(a) prescribe the requirements that the hull, equipment and machinery of any such vessel shall comply with;
(b) provide for the inspection and licensing of any such vessel;
(c) prohibit or prevent the overloading or overcrowding with passengers of any vessel to which the rules made or deemed to have been made under this Act and for such purposes do not apply;
(d) require any such vessel to which the rules for lifesaving appliances do not apply to have on board such equipment as maybe prescribed; and
(e) prescribe requirements for the manning and working of any such vessel to which the manning regulations do not apply; and
(f) in respect of different classes of vessel or vessels of the same class in different circumstances.
260. Exemption of certain ships from certain provisions of this Part
(1) Nothing in this Part of this Act-
(a) prohibiting or preventing a ship from proceeding to sea unless there are in force in respect of the ship or is produced, the appropriate Safety Convention Certificate issued under this Part or the appropriate Accepted Safety Convention Certificate; or
(b) conferring powers on a surveyor for the purpose of verifying the existence, validity or correctness of any Safety Convention Certificate, or that the conditions under which any such certificate was issued are complied with; or
(c) requiring information about a ship’s stability to be carried on board; or
(d) imposing a penalty for the contravention of any rule relating to openings in the hulls of ships and watertight bulkheads, shall apply to any troop-ship, pleasure yacht, fishing boat or to any ship of less than one hundred tons gross tonnage, other than a passenger ship, or to any ship not propelled by mechanical means.

(2) Notwithstanding that any provision of this Part of this Act is expressed to apply to ships not registered in Nigeria while they are within any port in Nigeria, the provision shall not apply to a ship that entered into the port due to the stress of weather or any other circumstances that the master or owner, or the character, if any, of the-ship could not have prevented or forestalled.
261. Survey of small fishing boats and other craft
(1) The provisions of this Act as to annual survey of ships shall not apply to any ship under this section, unless affected by safety rules for vessels in Nigeria made or deemed to be made under this Part or the Minister otherwise directs in respect of a particular ship under this section.
(2) An owner of a ship who fails to comply with any direction of the Minister under subsection (1) of this section commits an offence and on conviction is liable to a fine not less than one hundred thousand naira.
(3) For the purposes of this section, “ship” includes-
(a) fishing boats not exceeding fifteen tons;
(b) pleasure yachts not exceeding fifty tons; and
(c) ships not exceeding sixteen feet in overall length, not being ships propelled by mechanical power which are ferries and carry passengers for hire or reward.
(4) Nothing in this Part of this Act prohibiting a ship from plying or progressing to sea or on any voyage or excursion unless there is in force in respect of that ship or is produced, a certificate of survey issued under this Act, shall apply to any ship within this section.
262. Fishing boats in certain circumstances deemed to be passenger or cargo ships
(1) For the purposes of this section and the provisions of this Act as to survey, any fishing boat shall, except as provided in subsections (2) and (3) of this section deemed to be-
(a) a passenger ship on any occasion when the fishing boat carries more than four passengers or carries any passenger for hire or reward;
(b) a cargo ship on any occasion when the fishing boat carries any cargo other than the fish caught by the crew of the fishing boat.
(2) No fishing boat shall be deemed to be a passenger ship by reason only of the car- riage of any person rescued from the sea, or any registered medical practitioner or registered nurse traveling in the course of his profession, or any person necessarily travelling to obtain urgent medical attention, or any police officer or officer of the Ministry traveling on official duties.
(3) The Minister may, from time to time, subject to such conditions as he thinks fit, issue a permit to the owner or master of any fishing boat to carry more than four passengers or to carry any passenger or cargo for hire.
(4) No permit issued under subsection (3) of this section shall continue in force for more than twelve months from its date of issue and any such permit may at any time be cancelled by notice in writing from the Surveyor of Ships to the owner of the fishing boat.

(5) Except as provided in subsections (2) and (3) of this section, nothing in this section shall operate to make lawful the carriage of passengers in any fishing boat in any circumstances where, but for the provisions of this section, such carriage of passengers shall be unlawful

(6) Any owner or the master of a fishing boat that is used for the carriage of passen- gers or cargo contrary to the provisions of this section, commits an offence and on con- viction is liable to a fine not less than one hundred thousand naira.
263. Water and provisions for passengers
(1) The master of every near coastal trade ship and inland waters ship shall issue to every passenger a sufficient quantity of water and wholesome provisions, unless the passenger had agreed to provide himself with such water or provisions.
(2) If the owner or character or the master of a ship referred to in subsection (1) of this section fails to provide the sufficient quantity of water and provisions, he commits an offence and on conviction is liable to a fine not less than one hundred thousand naira.

264. Pilot ladders

(1) Every Nigerian ship engaged on a voyage in which a pilot is likely to embark shall carry a pilot ladder which shall comply with the rules for lifesaving appliances made pursuant to this Part of this Act.

(2) Any owner or master of a ship that does not carry a pi lot ladder as provided in subsection (1) of this section, commits an offence and on conviction is liable to a fine not less than one hundred thousand naira.
265. Countries to which Safety Convention applies

Where the Minister is satistied-

(a) that the Government of any country has accepted or denounced, the Safety Convention; or

(b) that the Safety Convention extends or has ceased to extend, to any territory, he may, by Order, make a declaration to that effect.

PART XVI

Safety of Navigation

Prevention of Collisions
266. Collision rules
(1) The Minister may make rules (in this Act called “collision rules”) with respect to ships, and to aircraft on the surface of the water, for the prevention of collisions; and the rules shall contain such requirements as appear to the Minister necessary to implement the provisions of the international treaties, agreements and regulations for the prevention of collisions at sea that are for the time being in force.

(2) The collision rules, together with the provisions of this Part of this Act relating to those rules or otherwise relating to collisions, shall apply to all ships and aircraft which are locally within the jurisdiction of Nigeria.

(3) In any case arising in any court concerning matters arising locally within the jurisdiction of Nigeria, all ships and aircraft to which subsection (2) of this section applies
concerning the collision rules and those provisions of this Part, shall be treated as if they were Nigerian ships or as the case may be aircraft registered in or belonging to Nigeria.

(4) For the purposes of this section, aircraft taking off from or landing on water shall be deemed to be on the surface of the water when they are in contact with water.
(5) This section shall apply in the case of ships and aircraft belonging to the Federal Government as it applies in the case of other ships and aircraft.

267. Owners and masters to observe collision rules
(1) Every owner, master of a ship and owner and person in command of an aircraft shall obey the collision rules, and shall not carry or exhibit any lights or shapes, carry or use any means of making signals, other than those which are required or permitted by the collision rules to be carried, exhibited or used.

(2) Where an infringement of the collision rules is caused by the wilful default of the owner or master of a ship, as the case may be, of the owner of any aircraft or of the pilot or other person on duty in charge of any aircraft, that person commits an offence and on conviction is liable to a fine not less than five hundred thousand naira or to imprisonment for a term not less than two years or to both.
(3) Where any damage to person or property arises from the non-compliance by any ship or aircraft with any of the collision rules, the damage shall be deemed to have been occasioned by the wilful default of the officer in charge of the deck of the ship at the time or as the case may be, of the pilot or other person on duty in charge of the aircraft at the time, unless it is shown to the satisfaction of the court that the circumstances of the case made a departure from the rules necessary.
(4) The Agency shall furnish a copy of the collision rules to any owner or master of a ship, or any owner or person in command of an aircraft, on the application of that owner, master or person in command.
(5) This section shall apply in the case of ships and aircraft belonging to the Federal Government as it applies in the case of other ships and aircraft.
268. Inspection for enforcing collision rules

(1) Unless otherwise exempted under this Act, any ship may be inspected by a Surveyor of Ships for the purpose of seeing that the ship is properly provided with lights, shapes and the means of making sound signals in conformity with the collision rules; and if he finds that the ship is not so provided, the surveyor of ships shall give to the master, owner or his agent notice in writing pointing out the deficiency, and also what is, in his opinion, requisite in order to remedy the same.

(2) Every notice so given shall be communicated in the manner directed by the Minister to the collector of customs at any port at which the ship may seek to obtain a clearance; and the ship shall be detained until a certificate under the hand of a surveyor of ships is produced to the effect that the ship is properly provided with lights, shapes and with the means of making sound signals in conformity with the collision rules.

(3) For the purpose of an inspection under this section, a surveyor shall have all the powers of an inspector under this Act.

(4) Where a certificate as to lights, shapes and means of making the sound signals is refused, the owner may appeal to the Minister and the Minister may appoint a Board of Survey under this Act at the port nearest to the place where the ship is.

(5) On any such appeal, the Board of Survey or, if the matter is referred to a scientific referee under this Act, shall report to the Minister on the question raised by the appeal; and the Minister, when satisfied that the requirements of the report and of this Act as to lights, shapes and means of making sound signals have been complied with, may issue, or direct a surveyor or other person appointed by the Minister to issue, the certificate.

(6) Where a surveyor making an inspection under this section is required by the owner to make the survey in the presence of the owner or of any person appointed by the owner, and the surveyor and the owner or person appointed by the owner agree, no appeal shall lie to the Minister.

269. Duties of master in case of collision

(1) In every case of collision between two ships, the master or person in charge of each ship shall, if he can do so without danger to his own ship, crew and passengers, if any

(a) render to the other ship, its master, crew and passengers, if any, such assistance as may be practicable and necessary to save them from any danger caused by the collision, and shall stay by the other ship until he has ascertained that there is no need of further assistance; and

(b) give to the master or person in charge of the other ship the name of his own ship and of the port at which the ship is registered or to which it belongs and also the names of the ports from which it comes and to which it is bound.
(2) If the master or person in charge of a ship fails, without reasonable cause, to com- ply with this section, he commits an offence and on conviction is liable to a fine not less than five hundred thousand naira or to imprisonment for a term not less than two years or to both.
(3) The failure of the master or person in charge of a ship to comply with the provisions of this section shall not raise any presumption of law that the collision was caused by his wrongful act, neglect or default.
270. Collision to be entered in official log-book
(1) In every case of collision in which it is practicable so to do, the master of every ship shall, immediately after the occurrence, cause a statement of the collision and of the circumstances under which it occurred, to be entered in the official log-book; and the entry shall be signed by the master and also by the mate or one of the crew.

(2) Every master who fails to comply with this section commits an offence and on conviction shall be liable to a fine not less than one hundred thousand naira.
271. Application of collision rules to foreign ships and aircraft

Whenever it appears to the Minister that the Government of any foreign country is willing that the collision rules, or the provisions of this Part of this Act relating to the collision rules or otherwise should apply to ships or aircraft registered in or belonging to that country, when not locally within the jurisdiction of Nigeria, the Minister may, by Order, direct that those rules and provisions shall, subject to any limitation of time and to any conditions and qualifications contained in the Order, apply to the ships and aircraft of that country, whether or not they are locally within the jurisdiction of Nigeria, and that those ships and aircraft shall, for the purpose of those rules and provisions, be treated as if they were Nigerian ships or, as the case may be, aircraft registered in or belonging to Nigeria.

272. General duty to render assistance

(1) The master or person in charge of a ship shall, in so far as he can do so without serious danger to his own ship, its crew and passengers, if any, render every assistance to any person, even if that person is a subject of a State at war with Nigeria, who is found at sea in danger of being lost.

(2) A master or person in charge of a ship who fails to comply with the provisions of subsection (1) of this section commits an offence and on conviction is liable to a fine not less than two hundred thousand naira or imprisonment for a term not exceeding two years or to both.

(3) The compliance by the master or person in charge of a ship with the provisions of this section shall not affect his right or the right of any other person to salvage.

Signals of Distress

273. Signals of distress

(1) `The Minister may make rules to prescribe what signals shall be used by ships as signals of distress and the circumstances in which and the purposes for which any signal prescribed by any such Order is to be used and the circumstances in which it is to be revoked.

(2) A person who uses, displays, causes, or permits any person under his authority to use or display-
(a) any signal prescribed by any rules made or deemed to have been made under this section, except in the circumstances and for the purposes prescribed by the rules made or deemed to have been made pursuant to this section; or

(b) any private signal that is liable to be mistaken for any signal so prescribed by any rule,
commits an offence and on conviction is liable to a fine not less than fifty thousand naira, and, in addition, shall pay compensation for any labour undertaken, risk incurred or loss sustained in consequence of the signal’s having been supposed to be signal of distress; and that compensation may, without prejudice to any other remedy, be recovered in the same manner as salvage is recoverable.

(3) Nothing in subsection (3) of section 275 of this Act shall interfere with the trans-mission of signals prescribed under this section.

274. Obligation to assist vessels in distress, etc.
(1) The master of a Nigerian ship, on receiving at sea a signal of distress or informa- tion from any source that a ship or other vessel or an aircraft or any person is in distress at sea, shall proceed with all speed to the assistance of the persons in distress, informing them if possible, that he is doing so, unless he is unable, or in the special circumstances of the case considers it unreasonable or unnecessary, to do so, or unless he is released under the provisions of subsection (3) or subsection (4) of this section.
(2) Where the master of any ship in distress has requisitioned any Nigerian ship that has answered his call, it shall be the duty of the master of the requisitioned ship to com- ply with the requisition by continuing to proceed with all speed to the assistance of the persons in distress.
(3) A master shall be released from the obligation imposed by subsection (1) of this section as soon as he is informed of the requisition of one or more ships, other than his own, and that the requisition is being complied with by the ship or ships requisitioned.

(4) A master shall be released from the obligation imposed by subsection (1) of this section and if his ship has been requisitioned, from the obligation imposed by subsection (2) of this section, if he is informed by the persons in distress or by the master of any ship that has reached the persons in distress, that assistance is no longer required.

(5) A master of a ship who fails to comply with the provisions of subsections (1) and (2) of this section, commits an offence and on conviction is liable to a fine not less than five hundred thousand naira or to imprisonment for a term not exceeding two years or to both.

(6) Where a master of a Nigerian ship, upon receiving at sea a signal of distress or in- formation from any source that a ship or other vessel or an aircraft or any person is in distress at sea, is unable or in the special circumstances of the case considers it unreasonable or unnecessary, to go to the assistance of the persons in distress, he shall immediately cause a statement to be entered in the official log-book of his reasons for not going to the assistance of those persons and if he fails to do so, he commits an offence and on conviction is liable to a fine not less than twenty thousand naira.

(7) The master of every Nigerian ship shall enter or cause to be entered in the official log-book every signal of distress or message that a ship or other vessel, or an aircraft or person, is in distress at sea; and, if he fails to do so, he shall be guilty of an offence and on conviction shall be liable to a fine not less than twenty-five thousand naira.
(8) Nothing in this section shall affect the provisions of section 272 of this Act and compl iance by the master of a ship with the provisions of this section shall not affect his right, or the right of any other person, to salvage.
Dangers to Navigation
275. Report of dangers to navigation

(1) The master of a Nigerian ship, on meeting with a dangerous derelict, a tropical storm or any other direct danger to navigation, shall send information accordingly, by all means of communication at his disposal and in accordance with any rules made or deemed to have been made by the Minister for the purposes of this section, to ships in the vicinity and to such authorities on shore as may be prescribed by those rules
(2) A master of a ship who fails to comply with the provisions of this section, commits an offence and on conviction is liable to a fine not less than one hundred thousand naira.
(3) A person in charge of a radio communication station which is under the control of the Federal Government or which is established or installed under licence of the Gov- ernment shall on receiving the signal indicating that a message is about to be sent under this section, refrain from sending messages for a time sufficient to allow other stations to receive the message, and, if so required by the Minister, shall transmit the message in such manner as may be required by the Minister; and compliance with this subsection shall be deemed to be a condition of every licence for a radio communication station granted by or on behalf of the Federal Government.
(4) For the purposes of this section “tropical storm” means a hurricane, typhoon, cyclone or other storm of a similar nature; and the master of a ship shall be deemed to have met with a tropical storm if he has reason to believe that there is such a storm in his vicinity.
Report of Accidents and Loss of Ship

276. Accidents to be reported to Minister

(1) When any ship to which this section applies has sustained or caused any accident occasioning loss of life or any serious injury to any person, or has received any material damage affecting its seaworthiness or its efficiency either in its hull or in the case of a ship propelled by mechanical power, in any part of its machinery or has been in collision with another ship, the master shall transmit to the Agency-
(a) where possible, by radio communication in the first instance, a preliminary report; and
(b) in all cases, if in port when the accident or damage occurs, within twenty-four hours of the happening, or otherwise within twenty-four hours of first reaching a port, whether in Nigeria or elsewhere, a full report in writing signed by him, of the accident or damage, and of the probable cause thereof, stating the name of the ship, its official number, if any, the port at which the ship is registered or to which it belongs and the place where it is.
(2) Where the managing owner or in the event of there being no managing owner resident in Nigeria, the agent, of any ship to which this section applies has reason to be- lieve that the ship has sustained or caused any such accident or received any such damage as is mentioned in subsection (1) of this section, he shall satisfy himself that the accident or damage has not been reported to the Minister by the master and if such accident or damage has not been so reported, the managing owner or agent shall as soon as convenient send to the Minister notice in writing stating the name of the ship, its official number, if any, and the port at which the ship is registered or to which it belongs and stating also, to the best of his knowledge and belief, the nature and extent of the accident or damage, the probable cause of and the place where the ship is.
(3) This section shall apply to-

(a) all Nigerian ships;
(b) other near coastal trade and inland water ships; and
(c) other ships to which any such accident or damage as is mentioned in subsections (1) and (2) of this section occur, or is believed to have occurred, on or near the coast of Nigeria.

(4) Every master and managing owner or agent who fails, without reasonable cause, to comply with this section, commits an offence and on conviction is liable to a tine not less than one hundred thousand naira.

277. Notice to be given of apprehended loss of ship
(1) If the managing owner, or, in the event of there being no managing owner resident in Nigeria, the agent of any ship to which this section applies has reason, owing to the non-appearance of the ship or to any other circumstance, to apprehend that the ship has been wholly lost, he shall, as soon as may be convenient, send to the Minister notice in writing stating the name of the ship, its official number, if any, and the port at which the ship is registered or to which it belongs, and stating also to the best of his knowledge and belief the probable cause of the loss.
(2) This section shall apply to-
(a) all Nigerian ships;
(b) other near coastal trade and inland water ships; and
(c) other ships which are lost or are supposed to have been lost on or near the coasts of Nigeria.

(3) Any managing owner or agent who fails, without reasonable cause, to comply with this section within a reasonable time, commits an offence and on conviction is liable to a tine not less than one hundred thousand naira.

Search for Missing Ships
278. Search for missing ships
(1) Where a Nigerian ship or a near coastal trade ship or inland water ship, is missing, and the owner has not caused reasonable search to be made for the ship, the Minister may require the owner to make such a search; and, if after being so required, the owner does not immediately cause reasonable search to be made for the ship, the owner commits an offence and on conviction is liable to a tine not less than two hundred thousand naira.

(2) For the purposes of this section, service of any notice on the agent of the owner shall be deemed to be service on the owner.
279. Search and rescue regulations

The Minister may make regulations for search and rescue procedures to be followed by all Nigerian vessels and organisation and for the establishment of Rescue Co-ordination Centres

PART XVII
Unseaworthy Ships
280. Penalty for sending unseaworthy ships to sea
(1) A person who sends or attempts to send, or is party to sending or attempting to send, a Nigerian ship to sea in such an unseaworthy state that the life of any person is likely to be endangered by so doing, commits an offence under this Act, unless he proves that he used all reasonable means to ensure that the ship was sent to sea in a seaworthy state or that its going to sea in such an unseaworthy state, was under the circumstances, reasonable and justifiable.

(2) Every master of a Nigerian ship who knowingly takes the ship to sea in such an unseaworthy state that the life of any person is likely to be thereby endangered commits an offence unless he proves that the ship’s going to sea in such an unseaworthy state was under the circumstances, reasonable and justifiable.
(3) Any person who commits an offence under subsection (1) or (2) of this section shall on conviction be liable to a fine not less than one million naira or to imprisonment for a term not less than two years, or both.
281. Implied obligations as to seaworthiness
(1) In every contract of service, express or implied, between the owner of a ship and the master or any seaman of the ship and in every instrument of cadetship by which any person is bound to serve as a cadet on board any ship, there shall be implied, notwith- standing any agreement to the contrary, an obligation on the owner of the ship that the owner of the ship, and the master, and every agent charged with the loading of the ship, or the preparing of the ship for sea, or the sending of the ship to sea, shall use all reasonable means to ensure the seaworthiness of the ship for the voyage at the time when the voyage commences, and to keep it in a seaworthy condition during the voyage.

(2) Nothing in this section shall subject the owner of a ship to any liability by reason of the ship being sent to sea in an unseaworthy state where, owing to special circum- stances, the sending of the ship to sea in such a state was reasonable and justified.

282. Power to detain unsafe Nigerian ships
(1) Where a Nigerian ship, or an unregistered ship which is owned wholly by persons qualified to own a registered Nigerian ship, being in any port in Nigeria is an unsafe ship by reason of-
(a) the defective condition of the ship hull, equipment or machinery; or
(b) overloading or improper loading; or

(c) under-manning or being insufficiently ballasted, or in the case of a ship propelled by mechanical power, by reason of having insufficient fuel on board for the intended voyage when proceeding at ordinary full speed, unfit to proceed to sea without serious danger to human life, having regard to the nature of the service for which the ship is intended, the ship may be provisionally detained for the purpose of being surveyed or of ascertaining the sufficiency of its crew or fuel, and may be finally detained or released as provided in subsection (2) of this section.

(2) The Minister-
(a) may if he has reason to believe, on complaint or otherwise, that a ship to which this section applies is unsafe, order the ship to be provisionally detained as an unsafe ship for the purpose of being surveyed;
(b) when a ship is provisionally detained, there shall be immediately served on the master of the ship a written statement of the grounds of the detention of the ship and the Minister may, if he thinks fit, appoint a surveyor to survey the ship and where necessary, inspect the crew and report on it to the Minister;
(c) on receiving the report, may order the ship to be released or, it: in his opinion, the ship is unsafe, may order it to be finally detained absolutely or until the performance of such conditions with respect to the execution of repairs or alterations, or the unloading or reloading of cargo or ballast, or the manning of the ship, or the supply of fuel, as the Minister thinks necessary for the protection of human life and, may from time to time, vary or add to any such order;
(d) before the order for final detention is made, a copy of the report shall be served upon the master of the ship and within seven days after that service, the owner or master of the ship may appeal in the prescribed manner to the Minister and the Minister may appoint a board of survey under this Act to consider the case at the port at or nearest to which the ship is detained;
(e) where a ship has been provisionally detained, the owner or master of the ship, at any time before the person appointed under this section to survey the ship makes that survey, may require that, that person be accompanied by some person of nautical, engineering or other special skill or knowledge, as the owner or master may select; and, in that case, if the surveyor and the person so selected agree, shall cause the ship to be detained or released accordingly; but, if they differ, the Minister may act as if the requisition has not been made; and the owner and the master shall have right of appeal touching the report of the surveyor as in paragraph (d) of this subsection;
(f) where a ship has been provisionally detained, may at any time, if he thinks it expedient, refer the matter to a board of survey at the port at or nearest to which the ship is detained;
(g) may at any time, if satisfied that a ship detained under this section is not un- safe, order it to be released upon or without any conditions.

(3) A person authorised by the Minister for the purpose (in this Act referred to as a “detaining officer”) shall have the same power as the Minister under this section to order the provisional detention of a ship for the purpose of being surveyed, and of appointing a surveyor or surveyors to survey the ship; and if he thinks that a ship so detained by him is not unsafe, may order the ship to be released.
(4) A detaining officer shall immediately report any order made by him for the detention or release of a ship to the Minister.
(5) An order for the detention of a ship, provisional or final, and an order varying same, shall be served as soon as practicable on the master of the ship.
(6) A ship detained under this section shall not be released by reason of her register in a foreign country being subsequently closed.
(7) A detaining officer shall, for the purpose of his duties, have all the powers of an inspector under this Act.
(8) A detaining officer and any surveyor appointed under this section to survey a ship may, in the performance of their duties, go on board any ship and inspect the same and every part of the ship and the machinery, equipment and cargo thereof, and may require the unloading or removal of any cargo, ballast or tackle.
(9) Any person who wilfully impedes a detaining officer or any such surveyor in the execution of the surveyor fails to comply with any requisition made by a detaining officer or surveyor, commits an offence and on conviction is liable to a fine not less than one hundred thousand naira.
283. Liability for costs of detention and damages
(1) If it appears that there was no reasonable cause for the provisional detention of a ship under this Part of this Act as an unsafe ship, the Federal Government shall be liable to pay to the owner of the ship his costs of, and incidental to, the detention and survey of the ship, and also compensation for any loss or damage sustained by him by reason of the detention or survey.

(2) If a ship is finally detained under this Part of this Act, or if it appears that a ship provisionally detained was at the time of that detention an unsafe ship within the meaning of this Part, the owner of the ship shall be liable to pay to the Federal Government the costs of, and incidental to, the detention and survey of the ship, and those costs shall, without prejudice to any other remedy, be recoverable as salvage is recoverable.

(3) For the purposes of this section, the costs of, and incidental to, any proceeding be- fore a Board of Survey and a reasonable amount in respect of the remuneration of the surveyor or detaining officer shall be part of the costs of the detention and survey of the ship; and where there is a dispute as to the amount of the costs the dispute may be referred to any registrar of a court of competent jurisdiction who shall on request by the Minister, ascertain and certify the proper amount of those costs.

284. Security for costs may be required

(1) Where a complaint is made to the Minister or a detaining officer that a foreign ship is unsafe, the Minister or officer may, ifhe thinks fit, require the complainant to give security to the satisfaction of the Minister for the costs and compensation which the complainant may become liable to pay as mentioned in this section.

(2) The security under subsection (1) of this section shall not be required where the complaint is made by one-fourth, being not less than three, of the seamen belonging to the ship, and is not in the opinion of the Minister or officer, frivolous or vexatious; and the Minister or officer shall, if the complaint is made in sufficient time before the sailing of the ship, take proper steps for ascertaining whether the ship ought to be detained.
(3) Where a ship is detained in consequence of any complaint and the circumstances are such that the Federal Government is liable under this Act to pay to the owner of the ship any costs or compensation, the complainant shall be liable to pay to the Federal Government all such costs and compensation as the Federal Government incurs or is li- able to pay, in respect of the detention and survey of the ship.

285. Detention of unsafe foreign ships

(1) Where a foreign ship at a port in Nigeria is unsafe by reason of the defective condition of the ship’s hull, equipment or machinery or by reason of overloading, improper loading, undermanning or insufficiency of fuel for the intended voyage when proceeding at ordinary full speed or by being insufficiently ballasted-

(a) a copy of the order for the provisional detention of the ship shall be immediately served on the Consular Officer for the country to which the ship belongs at or nearest to the said port;

(b) where a ship has been provisionally detained, the Consular Officer, on the re- quest of the owner or master of the ship, may require that the person appointed by the Minister to survey the ship shall be accompanied by such person as the Consular Officer may select; and, in that case, if the surveyor and that person agree, the Minister shall cause the ship to be detained or released accordingly; but, if they differ, the Minister may act as if the requisition had not been made; and the owner and the master shall have the right to appeal to a Board of Survey on the report of the surveyor.

(2) This section shall not apply to a ship by reason of the ship being in a port in Nigeria if the ship was not bound for a port in Nigeria, and did not enter the port at which it is lying for the purpose of embarking or disembarking passengers or loading or discharging cargo or loading fuel.
286. Complaint of unseaworthiness, etc., by crew
(1) Where, in any proceeding against a seaman or cadet for the offence of desertion or absence without leave or for otherwise being absent from his ship without leave, it is alleged by one-fourth, or if their number exceeds twenty, by not less than five, of the seamen belonging to the ship that the ship is, by reason of unseaworthiness, overloading, improper loading, undermanning, defective equipment, insufficiency of ballast or insufficiency of fuel for the intended voyage when proceeding at ordinary full speed, or for any other reason, not in a fit condition to proceed to sea or that the accommodation in the ship is insufficient, the court having cognisance of the case shall take such means as it thinks fit to ascertain the truth or otherwise of the allegation.
(2) The court shall receive the evidence of the persons making the allegation, and may summon any other witnesses whose evidence it may think it desirable to hear, and shall, if satisfied that the allegation is groundless, adjudicate in the case, but, if not so satisfied, shall before adjudication cause the ship to be surveyed.

(3) A seaman or cadet charged with desertion or with quitting his ship without leave, shall not have any right to apply for a survey under this section unless he has, before quitting his ship, complained to the master of the circumstances so alleged in justification.
(4) For the purposes of this section, the court shall require a surveyor to survey the ship. If a surveyor or as the case may be a Radio Surveyor cannot be obtained without reasonable expense or delay then any other impartial person or persons appointed by the court and having no interest in the ship, her freight or cargo, to inspect the ship, and, in either case, to answer any questions concerning the ship which the court thinks fit to put.
(5) Every such person shall surveyor, as the case may be, inspect the ship and make his written report to the court, including an answer to every question put to him by the court; and the court shall cause the report to be communicated to the parties, and, unless the opinions expressed in the report are proved to the satisfaction of the court to be erroneous, shall determine the questions before it in accordance with those opinions.
(6) Any person making a surveyor inspection under this section shall, for the pur- poses of the surveyor inspector, have all the powers of an inspector under this Act.
287. Liability for costs and compensation on survey pursuant to complaint by crew
(1) The costs, if any, of the surveyor inspection under section 286 of this Act, shall be determined by the court according to the prescribed scale of fees, and shall be paid into the Consolidated Revenue Fund by the owner or master of the ship.
(2) If it is proved that the ship is in a fit condition to proceed to sea, or that the ac- commodation is sufficient, as the case may be, the costs of the survey paid by the owner or master under subsection (1) of this section may be deducted by the owner or master out of the wages due, or to become due, to the persons on whose demand, or in consequence of whose allegations, the survey was made.
(3) If it is proved that the ship is not in a fit condition to proceed to sea, or that the accommodation is insufficient, as the case may be, the owner or master of the ship shall, in addition to his liability to pay the costs of the survey pursuant to subsection (1) of this section be liable to pay to any seaman or cadet detained in consequence of the proceedings before the court such compensation for his detention as the court may award.

Overloading and Overcrowding in Ships exempt from Survey
288. Rules for preventing overloading and overcrowding
(1) The Minister may make rules with respect to ships exempt from survey under this Act for-
(a) preventing the overloading of ships and the overcrowding of ships with passengers;
(b) securing the safety of passengers, and proper accommodation for passengers on ships; and
(c) generally for regulating all other matters relating to the protection of life and property of passengers and others on ships.

(2) Unless otherwise exempted, every person who commits a breach of any regula- tions made or deemed to have been made pursuant to this section, commits an offence and on conviction is liable to a fine not less than five hundred thousand naira.
PART XVIII
Load Lines
289. Interpretation of this Part
For the purpose of this Part of this Act-

“Convention Country” means a country, the Government of which is a party to the Load Line Convention and which has not denounced that Convention, or a territory of such country to which the Convention extends and remains extended;

“existing ship” means a ship which is not a new ship;

“fishing vessel” means a ship used for catching fish, or other living resources of the sea;

“international voyage” means a voyage between-

(a) a port or place in Nigeria and a port or place outside Nigeria; or
(b) a port in a Convention Country (other than Nigeria) and a port in any other country or territory of the country (whether or not a Convention) which is outside Nigeria, so however, that in determining the ports between which 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 other circumstances that neither the master nor the charterer, if any, of the ship could have prevented or forestalled;
“Load Line Convention” means the International Convention on Load Lines 1966 and any amendments thereto which the Minister may, by Order declare to be in effect for Nigeria;
“Load Line Convention ship” means an international Load Line ship belonging to a country to which the Load Line Convention applies;
“Load Line Regulations” means the regulations made by the Minister to give effect to the Load Line Convention;
“Load Line ship” means-

(a) an international Load Line ship, that is to say, an existing ship of not less than one hundred and fifty tons or a new ship of twenty-four metres or more in length which carries cargo or passengers on international voyages; and

(b) a local Load Line ship, that is to say, a ship, other than an international Load Line ship, which carries cargo or passengers;

“new ship” means a ship whose keel is laid or which is at a similar stage of construc- tion on or after-
(a) in the case of a ship registered in or flying the flag of a country other than Nigeria which is a Convention country, the date from which it is declared that the Government of the country has ratified or acceded to the Load Line Convention, or that it is a country to which that Convention applies;
(b) in the case of any other ship, the date of the coming into force ofthis Act.
290. Exceptions

This Part shall not apply to-
(a) ships of war;
(b) pleasure craft not engaged in trade; and
(c) fishing vessels.

291. Countries to which Load Line Convention applies

The Minister may, from time to time, by notice published, in the Gazette make a list of countries that have ratified, acceded to or denounced the Load Line Convention.
292. Load Line Regulations
The Minister may make such rules in this Part of this Act referred to as the “Load Line Regulations” as appear to him to be necessary for the purpose of giving effect to the Load Line Convention, and without prejudice to the generality of the foregoing, such Regulations may also prescribe Load Line requirements and provide for the issue of local Load Line Certificates in respect of ships to which the Load Line Convention does not apply.
293. Certificates issued under the Load Line Convention
(1) An International Load Line Certificate may be issued to every ship which has been surveyed and marked in accordance with the Load Line Convention.
(2) An International Load Line Exemption Certificate may be issued to any ship to which an exemption has been granted in accordance with the Load Line Convention.
294. International and Local Load Line Certificates
(1) Where a Nigerian ship has been surveyed and marked in accordance with the Load Line Regulations, the appropriate certificate shall be issued to the owner of the ship, on his application.
(2) For the purpose of this section, the appropriate certificate-
(a) in the case of an existing ship of not less than one hundred and fifty gross tons, and in the case of a new ship of twenty- four metres or more in length shall be called an “International Load Line Certificate (1966)”; and
(b) in the case of any other ship, shall be called a “Nigerian Local Load Line Certificate”.
295. Certificates issued by other Governments

(1) The Minister may request the Government of a country which is a party to the Load Line Convention to issue an International Load Line Certificate in respect of a Nigerian ship and a certificate so issued and containing a statement that it was so issued shall have effect for the purposes of this Part as if it had been issued by the Minister.
(2) Where a valid Load Line Certificate issued in pursuance of subsection (1) of this section is produced in respect of a ship, that ship shall, for the purposes of this Part of this Act, be deemed to have been surveyed under the Load Line Regulations, and if the deck line and load line correspond with the marks specified in the certificate, the ship shall be deemed to be marked as required by this Part.

296. Certificates issued at the request of other Governments

The Minister may, at the request of the Government of a country to which the Load Line Convention applies, issue an International Load Line Certificate in respect of a ship of that country, if he is satisfied that, as in the case of a Nigerian ship, he can properly issue the certificate; and where a certificate is issued at such a request, it shall contain a statement to the effect that it has been so issued.
297. Regulations as to the validity of foreign certificates
(1) With a view to determining the validity in Nigeria of certificates purporting to have been issued in accordance with the Load Line Convention in respect of foreign ships, the Minister may make such regulations as appear to him to be necessary.
(2) For the purposes of the provisions of this Part relating to a foreign ship the expression “a valid Load Line Certificate” means a certificate complying with such of those regulations made under subsection (1) of this section as are applicable in the circumstances.
298. Power to make exemption orders
(I) Where in the opinion of the Minister the sheltered nature and conditions of international voyages between ports in Nigeria and ports in neighbouring countries make it unreasonable or impracticable to apply the provisions of this Act to ships plying on such a voyage, and the Minister is satisfied that the Governments of the other countries concur in that opinion, the Minister may, by Order, specifying those ports, direct that ships plying on such voyages be exempt from provisions of this Part.
(2) The Minister may, by Order, direct that ships under twenty-four metres in length engaged solely in the coastal trade, or any class of such ships specified in the Order be exempt from the provisions of this Part of this Act.
(3) Any Order under this section may be made subject to such conditions as the Min- ister thinks fit, and where any such Order is made subject to conditions, the exemption granted by the Order shall not have effect in relation to a ship unless the ship complies with those conditions.
299. Further powers to exempt ships of novel design

(1) On the application of the owner ofa Nigerian ship to which this Part applies and the ship is either an existing ship of not less than one hundred and fifty gross tons or a new ship of not less than twenty-four metres in length, the Minister may exempt the ship if in his opinion the ship embodies features of a novel kind such that, if the ship had to comply with the requirements of this Part, the development of those features and their incorporation in the ship might be seriously impeded.
(2) On the application of the owner of a Nigerian ship to which this Part applies, and which is-
(a) an existing ship of less than one hundred and fifty gross tons or a new ship of less than twenty-four metres in length; or
(b) a ship, not falling within paragraph (a), which does not ply on international voyages, the Minister may exempt the ship.
(3) Without prejudice to subsection (2) of this section, where a Nigerian ship to which this Part applies is an existing ship of not less than one hundred and fifty gross tons or a new ship of not less than twenty-four metres in length, does not normally ply on international voyages but is in exceptional circumstances, required to undertake a single international voyage, the Minister, on the application of the owner of the ship, specifying the international voyage in question, may exempt the ship while engaged on that voyage.
(4) Any exemption under this section may be granted subject to such conditions as the Minister thinks fit, and where any such conditions exist, the exemption shall not have effect unless those conditions are complied with.
300. Extent of exemption
In this Part of this Act, any reference to exempting a ship means exemption-
(a) from all the provisions of this Part of this Act and of the Load Line Regulations; or
(b) from such of those provisions as are specified in the instrument granting the exemption.
301. Issue of exemption certificates
(1) Where the Minister exempts a ship under section 298 or 299 of this Act the Agency shall issue the appropriate certificate to the owner of the ship.
(2) For the purposes of this section, the appropriate certificate-

(a) where the exemption is granted under subsection (1) or (3) of section 299 of this Act shall be called an “International Load Line Exemption Certificate”; and
(b) where the exemption is granted under subsection (2) of that section shall be called a “Nigerian Local Load Line Exemption Certificate”.
(3) Any certificate issued under this section shall be issued in such manner as may be prescribed by the Load Line Regulations.
302. Duration and extension of exemption
(1) The Load Line Regulations shall make provisions for determining the period which any exemption granted under section 298 or 299 of this Act or any certificate is- sued under section 293 of this Act is to remain in force including-

(a) provisions enabling the period for which any such exemption or certificate is originally granted or issued to be extended within such limits and in such circumstances as may be prescribed by the Regulations; and
(b) provisions for terminating any such exemption and for cancelling any such certificate in such circumstances as may be 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 Regula- tions; and
(b) any extension of the period for which the certificate was issued and may be prescribed by the Regulations.
303. Effect of Load Line Certificates

Where a valid Load Line Certificate issued under this Part of this Act is produced in respect of the ship to which the certificate relates-
(a) the ship shall be deemed to have been surveyed in accordance with the Load Line Regulations; and
(b) where lines are marked on the ship in number and description to the deck line and load lines are required by the Load Line Regulations, and the positions of the lines so marked correspond to the positions of the deck line and load lines as specified in the certificate, the ship shall be deemed to be marked as required by those Regulations.
304. Duration, renewal and cancellation of Load Line Certificate
(1) Every Load Line Certificate issued by or under the authority of the Minister shall, unless it is renewed in accordance with the provisions of subsection (2) of this section, expire at the end of such period as is specified in the certificate but not exceeding five years from the date of its issue.
(2) Any such load line certificate may, after a survey that is not less effective than the survey required by the Load Line Regulations before the issue of the certificate, be re- newed, from time to time, by the Agency or by any person authorised by it to issue a load line certificate for such period not exceeding five years on any occasion as the Agency or other authorised person renewing the certificate thinks fit.
(3) The owner of every ship in respect of which any such certificate remains in force, shall cause the ship to be surveyed in the prescribed manner at least once in every period of twelve months after the issue of the certificate should remain in force, having regard to subsection (2) of this section and if the ship is not so surveyed, the Minister shall cancel the certificate, but may, if he thinks fit extend the said period by a maximum of three months.
305. Ships not to proceed to sea without Load Line Certificate
(1) Subject to any exemption granted under this Part, no Nigerian ship, being an in- ternational load line ship, shall proceed to sea on an international voyage unless there is in force in respect of such ship an International Load Line Certificate.

(2) No Nigerian ship, being a local load line ship, shall proceed to sea unless there is in force in respect of such ship a Local Load Line Certificate
(3) Any owner or master of a ship which proceeds to sea contrary to the provisions of subsections (1) and (2) of this section commits an offence and on conviction is liable to a fine of not less than one hundred thousand naira.
(4) The master of every Nigerian load line ship shall produce to the customs officer from whom a clearance for the ship is demanded the certificate that is required by this section to be in force when the ship proceeds to sea; and a clearance shall not be granted and the ship shall be detained until that certificate is produced.
306. Deck Cargo Regulations
(1) The Minister may make regulations, in this section referred to as the “the Deck Cargo Regulations”, prescribing requirements to be complied with where cargo is carried in any uncovered space on the deck ofa load line ship.

(2) Where the Load Line Regulations provide for assigning special freeboards to ships which are to have effect when carrying only timber deck cargo, without prejudice to the generality of subsection (1) of this section, the Deck Cargo Regulations may prescribe special requirements to be complied with in circumstances where any such special free board has effect.

(3) In prescribing any such special requirements as are mentioned in subsection (2) of this section, the Minister shall have regard in particular to the provisions of Chapter IV of Annex 1 to the Load Line Convention.
(4) Where any provisions of the Deck Cargo Regulations are contravened-
(a) in the case of a Nigerian ship; or
(b) in the case of any other ship while the ship is within any port in Nigeria,
the master of the ship subject to subsection (5) of this section, commits an offence and is liable to a fine of not less than one hundred thousand naira.
(5) Where a person is charged with an offence under subsection (4) of this section it shall be a valid defence if proven to the satisfaction of the court that the contravention was due solely to deviation or delay caused by stress of weather or any other cause of force majeure 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 in that behalf by the Agency may inspect any ship to which this Part applies which is carrying cargo in any uncovered space on its deck; and for the purpose of any such inspection any such person shall have all the powers of a surveyor under this Act.
307. Inspection of Nigerian load line ships

A Surveyor of Ships or any other marine officer may inspect any Nigerian load line ship for the purpose of ensuring that the provisions of this Part of this Act have been complied with

308. Notice to be given of alterations affecting position of ship’s load lines

(1) The owner or master of a ship in respect of which a Load Line Certificate issued under this Part is in force shall, as soon as practicable after any structural alteration which affects the load line marks is made in the hull or superstructures of the ship, give notice in writing to the Agency containing full particulars of the alteration.
(2) Where notice of any alteration is not given as required by subsection (1) of this section, the owner and the master of the ship each commits an offence and shall on conviction be liable to a fine not less than one hundred thousand naira.
(3) The Agency may exercise with respect to any such ship his powers specified in subsection (4) of this section where he has reason to believe that-
(a) material alterations have taken place in the hull or superstructure of the ship which affect the load line marks; or
(b) fittings and appliances for the protection of openings, guard rails, the freeing ports or the means of access to the crews’ quarters have not been maintained on the ship in as effective a condition as they were when the certificate was issued.
(4) In any such case the Agency may-
(a) cancel the Load Line Certificate; or
(b) require the owner to have the ship surveyed again to such an extent as the Agency thinks fit; and, if that requirement is not complied with he may cancel the Load Line Certificate.
(5) Where a Load Line Certificate has expired or has been cancelled, the Agency may require the owner or master of the ship to which the certi ficate relates to del iver up the certificate as he may direct and the ship may be detained.

(6) A ship owner or master who fails without reasonable cause to comply with the requirement in subsection (5) of this section, commits an offence and on conviction is liable to a fine not less than fifty thousand naira.
309. Submersion of load lines

(1) No ship shall be so loaded as to submerge in salt water when the ship has no list, the appropriate load line on each side of the ship, the load line indicating or purporting to indicate the maximum depth to which the ship is for the time being permitted under the Load Line Regulations to be loaded.

(2) Where any ship is loaded in contravention of this section, the owner or master of the ship commits an offence and on conviction is liable to a fine not less than five hun- dred thousand naira and to such additional fine, as specified in subsection (3) of this sec- tion, as the court thinks fit to impose having regard to the extent to which the earning capacity of the ship was, or would have been increased by reason of the submersion.
(3) The additional fine referred to in subsection (2) of this section shall not exceed fifty thousand naira for every centimetre or part thereof by which the appropriate load line on each side of the ship was submerged if the ship had been in salt water and without any list.

(4) In any proceedings against an owner or master in respect of a contravention of this section, it shall be a valid defence that the contravention was due solely to deviation or delay caused by stress of weather or any cause of force majeure which neither the master, the owner, nor the charterer, if any, could have prevented or forestalled.
(5) Without prejudice to any proceedings under this section, any ship which is loaded in contravention of this section may be detained until it ceases to be so loaded.
310. Alteration or defacement of load line marks
(1) The owner or master of a Nigerian load line ship who fails without reasonable cause to keep the ship marked in accordance with this Part of this Act commits an offence and on conviction is liable to a fine not less than five hundred thousand naira.
(2) Any person who conceals, removes, alters, defaces or obliterates or permits any person under his control to conceal, remove, alter, deface or obliterate any mark placed on the ship in accordance with this Part of this Act, except with the authority of a person entitled under the Load Line Regulations to authorise the alteration of the mark commits an offence and on conviction is liable to a fine of not less than five hundred thousand naira.
311. Ships not to proceed to sea unless complying with Load Line Regulations
(1) No Nigerian load line ship shall proceed to sea unless-
(a) the ship has been surveyed in accordance with the Load Line Regulations either by a Surveyor of Ships or by any organisation authorised to act in that behalf by the Minister or at his request by the Government or any Convention Country;
(b) the ship complies with the conditions for the assignment of load line pre- scribed in the Load Line Regulations;
(c) the ship is marked on each side with a mark (in this Act referred to as “deck- line”) indicating the position of the uppermost deck and with marks (in this Act referred to as “load lines”), indicating the several maximum depths to which the ship is permitted to load in various circumstances prescribed by the Load Line Regulations; and
(d) the deck line and load lines are of the descriptions and in the positions re- quired by the Load Line Regulations.

(2) Where the ship proceeds or attempts to proceed to sea in contravention of this section the master or owner thereof is liable to a fine not less than five hundred thousand naira and the ship may be detained until it has been so surveyed and marked.
312. Production of Load Line Certificates of Nigerian ships

The master of every Load Line Convention ship shall, upon request produce a valid Load Line Certificate to the customs officer from whom a clearance for the ship from a port in Nigeria is demanded and a clearance shall not be granted and the ship may be detained until the certificate is produced.
313. Production of Load Line Certificates of foreign ships
Unless a valid Load Line Certificate is produced in respect of a foreign ship, the pro- visions of section 303 of this Act shall apply to that ship proceeding or attempting to proceed to sea from a port in Nigeria as they apply to a Nigerian ship.
314. Submersion of load lines of foreign ships
The provisions of section 309 of this Act shall apply to foreign ships while they are in Nigerian waters as they apply to Nigerian ships, subject to the following:
(a) no Load Line Convention ship shall be detained, and no proceedings shall be taken against the owner or master thereof, by virtue of that section, except after an inspection by a surveyor as provided for in this Part of this Act;
(b) the expression “the appropriate load line” means-
(i) in the case where a valid Load Line Convention Certificate in respect of the ship is produced on such an inspection as mentioned in paragraph (a) of this section, the load line appearing by the certificate to indicate the maximum depth to which the ship is for the time being permitted under the Load Line Convention to be loaded;
(ii) in the case where a valid Load Line Convention Certificate is not so produced, the load line which corresponds with the load line indicating the maximum depth to which the ship is for the time being permitted in accordance with the Load Line Regulations to be loaded.
315. Posting up of Load Line Certificate and entry of load line details in ship’s log- book
(1) Where a Load Line Certificate has been issued under this Part in respect of a Nigerian load line ship–
(a) the owner of the ship shall forthwith upon receipt of the certificate, cause it to be framed and displayed in some conspicuous place on board the ship. The certificate shall be kept so framed and displayed and shall be legible so long as the certificate remains in force and the ship is in use; and
(b) the master of the ship before making any other entry in any official log-book, shall enter therein the particulars as to the marking of the deck I ine and load line specified in the certificate.
(2) The master of any Nigerian load line ship shall before the ship proceeds to sea-
(a) enter in the official log-book the draught and freeboard relating to the depth to which the ship is for the time being loaded, the density of the water in which the ship is floating and all other particulars relating to them in the form as set out in the official log-book;
(b) cause a notice in the prescribed form to be displayed in some conspicuous place on board the ship and the notice shall remain displayed and shall be legible while the ship is at sea.

(3) The owner or master of any Nigerian load line ship who fails to comply with the provisions of this section, commits an offence and on conviction is liable to a fine of not less than one hundred thousand naira.
316. Inspection of ships regarding lines
(1) A Surveyor of Ships or any other marine officer may board any ship when the ship is within Nigerian waters and may demand the production of any Load Line Certificate for the time being in force in respect of the ship.
(2) Where a valid Load Line Certificate is produced to the surveyor his powers of inspecting the ship with respect to load lines shall be limited to ensuring that-
(a) the ship is not loaded beyond the limits allowed by the certificate;

(b) the markings of the load line on the ship correspond with those specified in the certificate;
(c) no material alterations have taken place in the hull or superstructure of the ship which affect the markings of the load line;
(d) that the fittings and appliances for the protection of openings, guard rails, freeing ports and the means of access to the crew’s quarters have been maintained on the ship in as effective a condition as they were when the certificate was issued.
(3) Where a valid Load Line Certificate is not produced to the surveyor under this section, he shall have the same power of inspecting the ship as provided for in section 307 of this Act as if the ship were a Nigerian load line ship.

317. Contravention of Load Line Regulations and detentions of ship

(1) Where it is found upon an inspection referred to in section 316 of this Act, that a ship is loaded in contravention of section 309 of this Act, the ship may be detained and proceedings may be taken, against the master or owner of the ship under section 309 of this Act.
(2) Where the load lines on the ship are not marked as specified in the certificate, the ship may be detained until the matter has been rectified to the satisfaction of the surveyor.
(3) Where on an inspection, a ship is found to have been so materially altered in respect of the matters referred to in paragraph (c) or (d) of subsection (2) of section 316 of this Act, that it is manifestly unfit to proceed to sea without danger to human life, the ship shall be detained, but where the ship has been so detained the Agency shall order the ship to be released as soon as it is satisfied that the ship is fit to proceed to sea without danger to human life.

PART XIX

Carriage of Bulk Cargoes

318. Bulk Cargo Regulations
The Minister may make regulations relating to-

(a) the safe carriage and stowage of bulk cargoes having due regard to the Code of Safety Practice for Bulk Cargoes, issued by the International Maritime Organisation and any amendments to the Code or replacements of the Code;
(b) the safe carriage and stowage of grain in compliance with the International Convention for the Safety of Life at Sea, 1974 and any amendments to the Convention or replacements of the Convention as they come into force for Nigeria.
319. Precautions regarding grain cargoes

(1) Where grain is loaded on board any Nigerian ship, or is loaded at any port in Nigeria on any ship, all necessary and reasonable precautions shall be taken to prevent the grain from shifting; and, if such precautions are not taken, the owner or the master or any agent of the owner who was charged with the loading or with sending the ship to sea laden with the grain, is guilty of an offence and the ship shall be deemed for the purposes of this Act to be unsafe by reason of improper loading.

(2) Where a ship, loaded with grain outside Nigeria without necessary and reasonable precautions having been taken to prevent the grain from shifting, enters any port in Nigeria so laden, the owner or master commits an offence and the ship shall be deemed for the purposes of this Act to be unsafe by reason of improper loading.
(3) No offence is committed under subsection (2) of this section where the ship would not have entered any such port but for stress of weather or any other cause or force majeure, and the master, the owner or the charterer if any, could not have prevented or forestalled it.
(4) Any person authorised by the Agency to ensure the observance of the provisions of this section may inspect the grain, and the mode in which it is stowed and shall have all the powers of a Surveyor of Ships under this Act.

320.Offences
Any person who contravenes any of the provisions in this Part of this Act commits an offence and on conviction is liable to a fine not less than two hundred thousand naira.

321. Safe containers
The Minister may make regulations relating to-
(a) the construction, safe handling, stacking and transportation of containers;
(b) the facilitation of international container transport;
(c) the packing of cargo in freight containers or vehicles.

PART XX
Dangerous Goods
322. Regulations on dangerous goods

(1) The Minister may by regulations establish which goods, articles or materials to be carried in a ship, are dangerous goods in accordance with the provisions of the International Convention for the Safety of Life at Sea, 1974 relating to the carriage of dangerous goods and to amendments thereto or replacements thereof or with any other Convention which may be accepted by Nigeria, and such regulations shall have regard to the International Maritime Dangerous Goods Code of the International Maritime Organisation.
(2) Without restricting the generality of subsection (1) of this section, the Minister may by regulations prescribe-

(a) the method of packing and stowing of the goods referred to by this section;

(b) the quantity of the goods which may be carried in any ship;
(c) the place or places within a ship in which the goods may be carried;
(d) the marking that is to be placed on any package or container in which goods may be placed for shipment;
(e) the precautions that shall be taken with respect to the carriage of goods under this section and the powers of inspection to determine compliance with the provisions of the regulations.
323. Carriage and marking of dangerous goods
(1) No person shall send by or carry in a Nigerian ship, except in accordance with the regulations made pursuant to section 322 of this Act, any dangerous goods, but this section shall not apply to ship’s distress signals or to the carriage of military stores under conditions authorised by the Minister.
(2) No person except the owner or master of a Nigerian ship shall send by or carry any dangerous goods in the ship without first distinctly marking the nature of the goods on the outside of the outermost package containing the same, in accordance with the regulations as the Minister may make and without first giving written notice of the nature of the goods and of the name and address of the sender, to the master or owner of the ship.

(3) This section shall apply to all foreign ships while loading at any place in Nigeria as they apply to Nigerian ships.

324. Offences
A person who contravenes any of the provisions of this Part of this Act commits an offence and on conviction is liable to a fine not less than five hundred thousand naira and the ship shall be deemed, for the purposes of this Act, to be unsafe by reason of improper loading.
325. Rejection and disposal of dangerous goods by ship
(1) The master or owner of any ship may refuse to take on board any package or parcel that he suspects might contain dangerous goods; and may require the package to be opened to ascertain its nature.

(2) When dangerous goods, or goods that, in the opinion of the master or owner of the ship, are dangerous goods, have been sent on board any ship without the marking or the written notice described in section 323 of this Act, the master or owner of the ship may cause the goods, together with their package or container to be thrown overboard; and the master or the owner of the ship shall not be subject to a civil or criminal liability in any court in respect of such action.
326. Forfeiture of dangerous goods
(1) Where dangerous goods have been sent by or carried in any ship in a manner that would constitute an offence under this Part of this Act, the court may order the goods, and any packaging or container thereof, to be forfeited.

(2) A court may exercise the powers conferred by subsection (1) above notwithstanding-
(a) that the owner of the goods concerned has not committed any offence in respect of the goods, or is not before the court, or has had no notice of the proceedings; and
(b) that there is no evidence to show to whom the goods belong, but the court may, in its discretion, require such notice as it may direct to be given to the owner or shipper of the goods before they are forfeited.
PART XXI
Tonnage Measurement
327. Survey

(1) Every ship shall before it is registered be surveyed by a Surveyor of Ships and the tonnage of the ship ascertained in accordance with the provisions of any regulation made under this Part of this Act.
(2) The surveyor shall grant a Certificate of Survey specifying the ship’s tonnage and build, and such other particulars descriptive of the identity of the ship as may, for the time being, be required by the Registrar.

(3) The Certificate of Survey shall be delivered to the Registrar before registration.

328. Minister to make Tonnage Regulations
(1) The Minister, by regulations, (in this Act referred to as “the Tonnage Regula- tions”) may-
(a) provide for ascertaining the tonnage of ships;
(b) make different provisions for different descriptions of ships or for the same description of ships in different circumstances;
(c) make any provision of the regulations dependent on compliance with such conditions to be evidenced in such manner as may be specified in the regulations;
(d) prohibit or restrict the carriage of goods or stores in spaces not included in the registered tonnage of a ship; and
(e) make provision for the master and the owner of the ship to be liable to a fine of two hundred thousand naira on contravention of any of the provisions.
(2) In the Tonnage Regulations, provision may be made-
(a) for assigning to a ship, in place of the tonnage ascertained in accordance with the other provisions of the regulations, a lower tonnage applicable where the ship is not to be loaded to the full depth to which it can otherwise be safely loaded;
(b) for indicating on the ship by such mark as is specified, that such a lower tonnage has been assigned to it and, where it has been assigned to it as an alternative, the depth to which the ship can be loaded for the lower tonnage to be applicable; and
(c) for the issue of documents certifying the registered tonnage of any ship or the tonnage that is to be taken for any purpose specified as the tonnage of a ship not registered in Nigeria.
(3) Any person who contravenes any of the provisions of these Regulations commits an offence and shall be liable on conviction to a fine of not less than two hundred thou- sand naira.
(4) In making the Tonnage Regulations the Minister shall have due regard to the International Convention on Tonnage Measurement of Ships 1969, including any amendments to the Convention.
329. Tonnage of foreign ship
(1) Where it appears to the Minister that a foreign country has promulgated rules on tonnage that are substantially the same as those under the Tonnage Regulations made under this Part of this Act, the Minister may order that a ship of that country, without being re-measured in Nigeria, be deemed to be of the tonnages denoted in its certificate of registry or other national certificate relating to tonnage in the same manner, to the same extent and for the same purposes as the tonnages denoted in the certificate of registry ofa Nigerian ship is deemed to be the tonnages of that ship.
(2) Any space shown by the certificate of registry or other certificates relating to tonnage of any foreign ship described in subsection (1) of this section as deducted from the tonnage on account of being occupied by seamen or cadets and appropriated to their use, shall be deemed to have been certified under this Act and to comply with those provisions of this Act that apply to such a space in the case of Nigerian ships, unless a surveyor inspects the ship and certifies to the Minister that the construction and the equipment of the ship in respect of that space do not meet the standard required of a Nigerian ship under this Act, in which case the ship shall be re-measured and assigned a tonnage in accordance with this Act.
(3) Where it appears to the Minister that the tonnage of a foreign ship is measured by the rules materially different from the rules for measurement of tonnages under this Act, the Minister may order that any of the ships of that country be re-measured in accordance with this Act, for all or any of the purposes of this Act.
330. Foreign and other measurements
(1) Where a ship has been measured and registered as a foreign ship or has already been measured without being registered as a Nigerian ship, a surveyor may accept and use any figures of measurement contained in the latest register relating to that ship, or in the case of an unregistered ship, in the latest certificate of survey relating to that ship.

(2) Before acting under subsection (1) of this section, the surveyor shall satisfy him- self that there have been no changes of measurement since the making of the register or certificate that he proposes to use; and where any such changes have been made he shall re-measure the ship to the extent made necessary by the changes.
331. Alterations between surveys

Where any alteration or reconstruction of a Nigerian ship is made that could affect the ship’s classification, measurement, tonnage or load line, the owner or master of the ship shall, within thirty days after the completion of the alteration or reconstruction, advise the Agency of the alteration or reconstruction and give him details of such alteration or reconstruction.
332. Appointment of surveyors

(1) For the purposes of this Act, the Minister may appoint duly qualified persons within or outside Nigeria as surveyors to survey and measure ships.

(2) The Minister may, by regulations, nominate any person within or outside Nigeria to be a classification society for the purposes of this Act and any classification society so nominated may appoint any person to survey and measure ships under and for the pur- poses of this Act, subject to such conditions as the Minister may impose.
333. Marking of ships

(1) Every ship shall, before being registered in Nigeria, be marked permanently and conspicuously in accordance with the regulations made under this Part of this Act.

(2) Where the Agency is satisfied that a ship is insufficiently or inaccurately marked, he may suspend the certificate of registry of the ship or in the absence of such certificate he may detain the ship until the insufficiency or inaccuracy has been remedied to his satisfaction.
(3) The Minister may make regulations exempting any class of ship from all or any of the requirements of this section.

PART XXII
Passenger Ships

334. Power of the Minister to make regulations respecting passenger ships

(1) The Minister may make regulations-
(a) relating to accommodation, facilities and provisions on board passenger ships which carry passengers from a port in Nigeria;
(b) requiring the preparation and furnishing of particulars as to all passengers to or from a port in Nigeria;

(c) regulating the number of passengers which a ship may carry from a port in Nigeria whether or not the ship is a passenger ship; and

(d) prescribing the terms and conditions upon which ships may carry passengers between ports in Nigeria.

(2) In making regulations pursuant to subsection (1) of this section, the Minister shall have due regard to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974, and its Protocol of 1990.
(3) The Minister may waive or vary the regulations referred to in subsection (1) of this section in respect of applications to license Nigerian passenger ships operating solely within Nigerian waters.

335. Offences in connection with passenger ships
(1) Any person, on board or attempting to board a passenger ship in Nigeria who–
(a) on account of being drunk and disorderly, is refused admission to a passenger ship or where he is already on board, is requested by the owner or any person in his employ to leave the ship, and after having the amount of the fare paid by him returned or tendered to him, nevertheless persists in attempting to enter the ship, or refusing to leave the ship;
(b) after warning by the master or other officer of the ship, molests or continues to molest any passenger;

(c) on account of the ship being full, is refused admission to a passenger ship or where he is already on board, is requested by the owner or any person in his employ to leave the ship, and after having the amount of the fare paid by him returned or tendered to him, nevertheless persists in attempting to enter the ship, or where he is already on board, refuses to leave the ship;
(d) travels or attempts to travel in the ship without first paying his fare and with intent to avoid payment;
(e) having paid his fare for a certain distance, knowingly and wilfully proceeds in the ship beyond that distance without first paying the additional fare for the additional distance, intending to avoid payment of the additional fare;
(f) on arriving in a ship at a point to which he has paid his fare, knowingly refuses or neglects to leave the ship;
(g) fails, when requested by the master or other officer thereof, either to pay his fare or exhibit such ticket or other receipts showing the payment of his fare as is usually given to persons travelling by and paying their fare for the ship; or
(h) wilfully causes to be done anything in such a manner as to obstruct or injure any part of the machinery or tackle of the ship, or to obstruct, impede or molest the crew or any ofthem in the navigation or management of the ship or otherwise in the execution of their duty on or about the ship, commits an offence under this Act.
(2) A person who commits an offence under this section on conviction is liable to a fine not less than one hundred thousand naira and to imprisonment for not less than three months.

PART XXIII
Prevention of Pollution from Ships
336. Application of maritime Conventions for the Prevention of Pollution from Ships, etc.
(1) As from the commencement of this Act, provisions of the following International Conventions and Agreements shall apply:

(a) International Convention for the Prevention of Pollution from Ships,1973/ 1978 and the Annexes thereto;
(b) Convention relating to Intervention on the High Seas in cases of Threatened Oil Pollution Casualties, J 969;

(c) International Convention on Prevention of Marine Pollution by Dumping of Wastes and Other Matters, 1972;
(d) International Convention on Oil Pollution Preparedness, Response and Cooperation, 1990;
(e) International Convention on Civil Liability for Oil Pollution Damage 1992;
(f) Convention on Limitation of Liability for Maritime Claims, 1976 and the 1996 Protocol thereto;
(g) Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, J 97 J and its Protocol of 1992;
(h) Basel Convention on the Control of Transboundary Movements of Wastes and their Disposal, 1989; and
(i) any International Agreement or Convention not mentioned in paragraphs (a) to (h) of this subsection which relates to the prevention, reduction or control of pollution of the sea or other waters by matters from ships, and civil liability and compensation for pollution damage from ships, to which Nigeria is a party.
(2) Power of the Minister to prevent pollution from ships

The Minister shall, subject to the provisions of this Act and any other law or Convention for the time being in force relating to the Prevention of Pollution from Ships have responsibility for the prevention of pollution of marine environment from ships.
(3) Power to make regulations for the prevention of pollution from ships
Without prejudice to the generality of subsection (1) of this section, the Minister may make regulations giving effect to the provisions of the International Conventions and Agreements mentioned therein.
(4) Without prejudice to the generality of subsection (2) of this section, provisions may be made-

(a) for applying for the purpose mentioned in that subsection, any enactment or instrument relating to the pollution of the sea or other waters;

(b) with respect to the carrying out of surveys and inspections for the purpose of the subsection and the issue, duration and recognition of certificates for that purpose;
(c) with respect to the application of the regulations to Nigeria and the extra- territorial operation of any provisions made by or under the regulations;
(d) stipulating fines and punishment for the contravention of any provision made by or under the regulations;
(e) for detaining any ship in respect of which a contravention is suspected to have occurred.
(5) Any regulations made under subsection (1) of this section may-

(a) make different provision for different circumstances;

(c) provide for exemptions from any provisions of the regulations;
(d) provide for the delegation of functions exerciseable by virtue of the regulations;
(e) include such incidental, supplemental and transitional provisions as may appear to the Minister to be expedient for the purposes of the regulations.
(f) Authorize the making of any instrument for any of the purposes of this section.
(6) Any person who contravenes any of the provisions of this section or any
“Claimant” means any person, corporate body or legal entity to whom damages are due in respect of loss or damage (excluding death and personal injury) as a result of collision;

“Collision” means any accident involving two or more vessels which causes loss or damage even if no actual contact has taken place; 337. Further provision for prevention of pollution from ships

The Minister may, by Order, make such provisions as he considers appropriate for the purpose of giving effect to any provision of the United Nations Convention on the Law of the Sea 1982 for the protection and preservation of the marine environment from pollu- tion by matter from ships.

PART XXIV
“vessel” means any ship, craft, machine, rig or platform whether capable of navigation or not which is involved in a collision.

Liability in Collision Cases

338. Interpretation of this Part

In this Part of this Act-

“damages” means the financial compensation payable to the claimant;

“total loss” means an actual total loss of the vessel or such damage to the vessel that the cost of saving and repairing her would be unreasonable;

“vessel” means any ship, craft, machine, rig or platform whether capable of navigation or not which is involved in a collision.

339. Application of this Part
(1) This Part of this Act shall apply to any person as if the expression “owner” included the person responsible for the fault of any ship; but without prejudice thereto, where by virtue of any charter or demise or for any other reason, the owner is not responsible for the navigation and management of the ship, the expression shall be read and construed as though there were substituted therefore references to the charterer or other person so responsible.
(2) References in this Part of this Act to damage or loss caused by the fault of a ship, shall be construed as including references to any salvage or other expenses consequent upon that fault recoverable at law by way of damages.
(3) For the purposes of this section, “ship” means every description of vessel used or intended for use in navigation, however propelled, and whether completed or in the course of construction or completion.
340. Rules as to division of loss
(1) Where, by the fault of two or more ships, damage or loss is caused to one or more of them, or to their cargo or freight, or to any property on board, the liability to make good the damage or loss shall be in proportion to the degree in which each ship was at fault-
(a) if, having regard to all the circumstances of the case, it is not possible to establish different degrees of fault, the liability shall be apportioned equally;

(b) nothing in this section shall operate so as to render any ship liable for any loss or damage to which her fault has not contributed; and

(c) nothing in this section shall affect the liability of any person under a contract of carriage, or any contract, or shall be construed as imposing any liability upon any person from which he is exempted by any contract or by any provision of law, or as affecting the right of any person to limit his liability in the manner provided by law.
(2) This section shall apply to Nigerian Government ships as it applies in the case of other ships.
341. Damage for personal injury
(1) Where loss of life or personal injury is suffered by any person on board a ship owing to the fault of that ship and of any other ship or ships, the liability of the owners of the ships shall be joint and several.

(2) Nothing in this section shall be construed as depriving any person of any right of defence on which, independently of this section, he might have relied in an action brought against him by the person injured or any person entitled to sue in respect of that loss of life, or shall affect the right of any person to limit his liability in cases to which this section relates in the manner provided by law.

342. Right of contribution

(1) Subject to the provisions of this section, where loss of life or personal injury is suffered by any person on board a ship owing to the fault of the ship and any other ship or ships, and a proportion of the damages is recovered against the owners of one of the ships which exceeds the proportion in which the ship was in fault, the owners of that ship may recover, by way of contribution, the amount of the excess from the owners of the other ship or ships to the extent to which those ships were respectively in fault.
(2) No amount shall be recovered as provided in subsection (1) of this section which could not, by reason of any statutory or contractual limitation of, or exemption from, li- ability, or which could not, for any other reason, have been recovered in the first instance as damages by the person entitled to sue therefor.
(3) The persons entitled to contribution under this section shall, subject to the provisions of this Act, have in addition to any other remedy for the purposes of recovering the contribution, the same rights and powers as the persons entitled to sue for damages in the first instance.
343. Limitation of actions
(1) Subject to the provisions of this section, no action shall be maintainable to en- force any claim or lien against a ship or its owners in respect of any damage or loss to another ship, its cargo or freight, or any property on board, or damages for loss of life or personal injuries suffered by any person on board, caused by the fault of the former ship, whether such ship is wholly or partly in fault, or in respect of any salvage services, unless proceedings in respect of the damages are commenced within two years from the date when the damage or loss or injury was caused or the salvage services were rendered.
(2) An action shall not be maintainable under this Act to enforce any contribution in respect of an overpaid proportion of any damages for loss of life or personal injuries unless proceedings in that respect are commenced within one year from the date of payment.
(3) Any court of competent jurisdiction may extend the period on such conditions as it thinks fit and shall, if satisfied that during the period there has not been a reasonable opportunity of arresting the defendant ship at any port in Nigeria, or within three miles of the coast of Nigeria or locally within the jurisdiction of the country to which the ship of the plaintiff belongs or in which the plaintiff resides or has his principal place of busi- ness, extend the period to the extent necessary to give such a reasonable opportunity.
Damages in Collision Cases
344. Application
The provisions contained in this Part of this Act shall apply to the assessment of damages where a vessel has been involved in a collision with another vessel or vessels, so however that a claimant shall be entitled to recover only such damages as may reasonably be considered to be the direct and immediate consequence of the collision.
345. Measure of damage
The damages recoverable under this Part of this Act shall be such as to place the claimant in the same fmancial position as he would have been had the collision not occurred.

346. Burden of proof of loss or damage

The burden of proving the loss or damage sustained in accordance with the provisions of this Part of this Act shall be upon the claimant and damages shall not be recoverable to the extent that the person against whom the claim is made is able to show that the claimant could have avoided or mitigated the loss or damage by the exercise of reasonable diligence.
347. Total loss
(1) Where there is a total loss of a vessel, the claimant shall be entitled to damages equal to the cost of purchasing a similar vessel in the market at the date of the collision.
(2) Where no similar vessel is available, the claimant shall be entitled to recover as damages the value of the vessel at the date of the collision calculated by reference to the type, age, condition, nature of operation of the vessel and any other relevant factors.

(3) The damages recoverable in the event of a total loss shall include-
(a) reimbursement of salvage, general average and other charges and expenses reasonably incurred as a result of the collision;

(b) reimbursement of sums for which the claimant has become legally liable and has paid to third parties in respect of such liability, arising out of the collision by reason of contractual, statutory or other legal obligations; and

(c) reimbursement for the net freight lost and the value of bunkers and ship’s gear lost as a result of the collision and not included in the value of the vessel ascertained in accordance with this section.
(4) Subject to reimbursement for any claim for loss of freight under paragraph (c) of subsection (2) of this section, compensation for the loss of use of the vessel for the period reasonably necessary to find a replacement whether the vessel is actually replaced or not and such compensation shall be calculated in accordance with the provisions of section 348 less any interest which the claimant may be entitled to receive in respect of the said period.
348. Damage to vessel

(1) Where a vessel is damaged but not in total loss as defined in this Part of this Act, the claimant shall be entitled to recover as damages-

(a) the cost of temporary repairs reasonably effected, and the reasonable cost of permanent repairs-

(i) the cost of those repairs shall include but not limited to the cost of any necessary dry-docking, gas-freeing or tank cleaning, port charges, supervision and classification surveys, together with dry-dock dues and or wharfage, for the time occupied in carrying out such repairs;

(ii) where the collision damage repairs are carried out in conjunction with owners’ work which is essential to the seaworthiness of the vessel or with essential repair work arising out of another incident or are deferred to and carried out at a routine docking, the damages shall include, but not limited to, dry-dock dues, wharf age or other time-based charges but only to the extent that the period to which such charges relate has been extended by reason of the collision damage repairs;

(b) reimbursement of salvage, general average and other charges and expenses reasonably incurred as a result of the collision;
(c) reimbursement of sums, for which the claimant has become legally liable and has paid to third parties in respect of such liability, arising out of the collision by reason of contractual, statutory or other legal obligations;
(d) reimbursement for the net freight lost and the cost of replacing bunkers and vessel’s gear lost as a result of the collision and not included in the cost of repairs under subsection (1) (a) of this section.
(2) Without prejudice to the provisions of subsection (1) of this section, the damages recoverable shall include-
(a) subject to reimbursement for any claim for loss of freight under subsection (1) (d) of this section, compensation for the net loss of earnings arising from the collision;
(b) compensation assessed by establishing the gross earnings of the vessel lost during detention, calculated by reference to the vessel’s earnings or by reference to the earnings of comparable vessels in the same trade and deducting from the gross earnings the operating costs which would normally have been incurred in order to achieve the gross earnings, such as hire payable, crew and bunkers costs, port disbursements and insurance; and
(c) operating costs and expenses actually incurred during detention, other than those included under subsection (1) of this section.
(3) In the application of subsection (2) of this section, the following particular provisions shall be relevant:
(a) where detention occurs during the performance of a voyage charter party and such detention does not require the cancellation of the charter party, compensation shall be calculated by applying the average net earnings on the two voyages prior to and the two voyages subsequent to the detention;
(b) where no reference to two prior and two subsequent voyages is possible, the net earnings on other relevant voyages or if there are no other relevant voyages on the voyage during which the collision took place shall form the basis of compensation;
(c) if in consequence of such detention the charter party is cancelled, and freight remains unearned, compensation shall include the net freight lost;
(d) when detention occurs while the vessel is being operated on a liner service, compensation for detention shall be assessed in the following circumstances:
(i) where detention occurs during the voyage which the vessel is performing at the time of the collision by applying to the detention the net daily earnings for that voyage, computed for the time the voyage would have taken had the collision not occurred,

(ii) where detention occurs other than during the voyage which the vessel is performing at the time of the collision, by applying to the detention the average net earnings on the two voyages prior to and the two voyages subsequent to the detention,

(iii) where reference to two prior and two subsequent voyages is not pos- sible, the basis of the computation will be the net earnings on other relevant voyages and if there are no other relevant voyages the compensation will be assessed by reference to the net earnings of a similar vessel operating in a similar trade;
(e) where detention occurs while the vessel is performing under a time charter, compensation shall include the net loss of hire during the detention. If in consequence of such detention the charter party is cancelled, compensation shall include the net hire which would have been paid during the unperformed portion of the charter, allowance being made for any actual net earnings during that portion.
(4) Where collision damage repairs are carried out in conjunction with the work of the owner which is essential to the seaworthiness of the vessel or with essential repair work arising out of another incident or are deferred to and carried out at a routine docking, damages shall include compensation for detention only to the extent that the period under repair is extended by reason of the collision damage repairs.

349. Property on board
(1) The claimant shall be entitled to recover damages when property has been lost or damaged in consequence of the collision.
(2) In the case of property having a commercial value the damages shall be-

(a) if the property is lost, the claimant shall be entitled to reimbursement of the market value at the port of destination at the time when it should have arrived, less any expenses saved;
(b) where the market value cannot be determined, the value of the property shall be the shipped value plus freight and the cost of insurance if incurred by the claimant, plus a margin for profit assessed at no more than ten percent of the value of the property calculated in paragraph (a) of this subsection;
(c) if the property is damaged, the claimant shall be entitled to damages equal to the difference between the value of the property in sound condition at destination and its value in damaged condition;

(d) where physical damage to such property arises from the prolongation of the voyage following the collision, the compensation shall be fixed on the same basis, where the loss arises from a fall in the market during such prolongation there shall be no right to damages.
(3) In the case of any other property the claimant shall be entitled to recover-
(a) where the property has been lost or is irreparable its value or the reasonable cost of its replacement;
(b) where the property is damaged and can be repaired, the reasonable cost of repairs, but not exceeding its value or the reasonable cost of its replacement.

350. Interest
(1) Interest on damages is recoverable in addition to the principal sum.

(2) For claims under subsection (1) of section 347 of this Act, interest shall run from the date of the collision to the date of payment.

(3) For all other claims, interest shall run from the date the loss was sustained or the expense was incurred to the date of payment.

(4) The rate of interest shall be ten percent per annum.
351. Currency for payment

Where the claimant is a non-Nigerian, unless the parties have agreed to apply a specific currency in the calculation of their damages, the following procedure shall be adopted:

(a) losses or expenses shall be converted from the currency in which they are incurred into naira at the rate of exchange prevailing on the day the losses or expenses were incurred; and

(b) the final amounts due shall be calculated in naira and the balance due shall be paid to the claimant in the currency of his choice at the rate of exchange prevailing on the date of payment.

PART XXV

Limitation of Liability for Maritime Claims
352. Persons entitled to limit liability

(1) In this Part ofthis Act, the shipowners and salvors, as defined in subsection (2) of this section may limit their liability as provided in this Part of this Act.

(2) The term-

(a) “shipowner” means the owner, charterer, manager and operator of a ship; and

(b) “salvor” means any person rendering services for salvage operations and salvage operations shall include operations referred to in section 387 of this Act.

(3) If any claims set out in section 353 of this Act are made against any person for whose act, neglect or default the ship owner or salvor is responsible, such person shall be entitled to avail himself of the limitation of liability provided for in this Part of this Act.
(4) In this Part of this Act the liability of a ship owner shall include liability in an action brought against the vessel herself.

(5) An insurer of liability for claims subject to limitation in accordance with the rules of this Part of this Act shall be entitled to the benefits of this Part of this Act to the same extent as the assured himself.

(6) The act of invoking limitation of liability shall not constitute an admission of liability.
353. Claims subject to limitation

(1) Subject to sections 354 and 355 of this Act, the following claims, whatever the basis of liability may be, shall be subject to limitation of liability:
(a) claims in respect of loss of life or personal injury or loss of or damage to property (including damage to harbour works, basins and waterways and aids to navigation), occurring on board or in direct connection with the operation of the ship or with salvage operations, and consequential loss resulting therefrom;

(b) claims in respect of loss resulting from delay in the carriage by sea of cargo, passengers or their luggage;

(c) claims in respect of other loss resulting from infringement of rights other than contractual rights, occurring in direct connection with the operation of the ship or salvage operations
(d) claims in respect of the removal, destruction or the rendering harmless of the cargo of the ship;

(e) claims of a person other than the person liable in respect of measures taken in order to avert or minimize loss for which the person liable may limit his liability in accordance with this Part of this Act, and further loss caused by such measures;

(f) claims in respect of floating platforms constructed for the purpose of exploring or exploiting the natural resources of the sea-bed or the subsoil thereof;

(g) claims in respect of the raising, removal, destruction or the rendering harmless of a ship which is sunk, wrecked, stranded or abandoned, including anything that is or has been on board such ship.

(2) Claims set out in subsection (1) of this section shall be subject to limitation of liability even if brought by way of recourse or for indemnity under a contract or otherwise. However, claims set out under paragraphs (d), (e) and (g) of subsection (1) of this section shall not be subject to limitation of liability to the extent that they relate to remuneration under a contract with the person liable.

354. Where rules in this Part not applicable

The rules of this Part of this Act shall not apply to-

(a) claims for salvage or contribution in general average;

(b) claims for oil pollution damage within the meaning of the International Convention on Civil Liability for Oil Pollution Damage or of any amendment thereto which is in force;

(c) claims subject to any International Convention or national legislation governing or prohibiting limitation of liability for nuclear damage;

(d) claims against the ship owner of a nuclear ship for nuclear damage;
(e) claims by servants of the ship owner or salvor whose duties are connected with the ship or the salvage operations, including claims of their heirs, dependants or other persons entitled to make such claims, if under the law governing the contract of service between the ship owner or salvor and such servant the ship owner or salvor is entitled to limit his liability in respect of such claims, or if he is by such law only permitted to limit his liability to an amount greater than that provided for in section 357 of this Act.
355. Conduct barring limitation

A person liable shall not be entitled to limit his liability if it is proved that the loss or damage resulted from his personal act or omission or the act or omission of his servants or agents acting within the scope of their employment committed with the intent to cause such loss or damage or recklessly and with knowledge that such loss would probably result.
356. Counterclaim
Where a person entitled to limitation of liability under the rules of this Part of this Act has a claim against the claimant arising out of the same occurrence, their respective claim shall be set off against each other and the provisions of this Part shall only apply to the balance, if any.
Limits of Liability
357. General limits

(1) The limits of liability for claims other than those mentioned in this Act, arising on any distinct occasion, shall be calculated as follows:
(a) in respect of claims for loss of life or personal injury:
(i) 2 million Units of Account for a ship with a tonnage not exceeding 2,000 tons;
(ii) for a ship with a tonnage in excess thereof, the following amount in addition to that mentioned in (i); for each ton from 2,00 to 30,000 tons, 800 Units of Account; for each ton from 30,001 to 70,000 tons, 600 Units of Account; and for each ton in excess of 70,000 tons, 400 Units of Account;
(b) in respect of any other claims:
(i) 1 million Units of Account for a ship with a tonnage not exceeding 2,000 tons;
(ii) for a ship with a tonnage in excess thereof, the following amount in addition to that mentioned in (i): for each ton from 2,001 to 30,000 tons, 400 Units of Account;

(iii) for each ton from 30,00 1 to 70,000 tons, 300 Units of Account; and

(iv) for each ton in excess of 70,000 tons, 200 Units of Account.
(2) Where the amount calculated in accordance with subsection (1) (a) of this section is insufficient to pay the claims mentioned in full, the amount calculated in accordance with subsection (1) (b) shall be available for payment of the unpaid balance of claims under subsection (1) (a) and such unpaid balance shall rank rateably with claims mentioned under subsection (1) (b).
(3) The limits of liability for any salvor not operating from any ship or for any salvor operating solely on the ship to or in respect of which he is rendering salvage services, shall be calculated according to a tonnage of 1,500 tons.
(4) For the purpose of this Part of this Act the ship’s tonnage shall be the gross registered tonnage.

358. Limits for passenger claims

(1) In respect of claims arising on any distinct occasion for loss of life or personal in- jury to passengers of a ship, the limit of liability of the ship owner thereof shall be an amount of 175,000 Units of Account
(2) For the purpose of this section “claims for loss of life or personal injury to passengers of a ship” shall mean any such claims brought by or on behalf of any person carried in that ship-
(a) under a contract of passenger carriage, or
(b) who, with the consent of the carrier, is accompanying a vehicle or live animals which are covered by a contract for the carriage of goods.
359. Units of Account
The Unit of Account referred to in sections 357 and 358 of this Act is the Special Drawing Right as defined by the International Monetary Fund and in the absence of agreement between the parties concerned as to the applicable currency, the amounts mentioned in the said sections shall be converted into naira at the date the limitation fund shall have been constituted, payment is made, or security given.
360. Aggregation of claims
(1) The limits of liability determined in accordance with section 357 of this Act shall apply to the aggregate of all claims which arise on any distinct occasion-
(a) against the person or persons mentioned in subsection (2) of this section and any person for whose act, neglect or default he or they are responsible; or

(b) against the ship owner of a ship rendering salvage services from that ship and the salvor or salvors operating from such ship and any person for whose act, neglect or default he or they are responsible; or

(c) against the salvor or salvors who are not operating from a ship or who are operating solely on the ship to, or in respect of which, the salvage services are rendered and any person for whose act, neglect or default he or they are responsible.
(2) The limits of liability determined in accordance with section 357 of this Act shall apply to the aggregate of all claims subject thereto which may arise on any distinct occasion against the person or persons mentioned in subsection 2 of section 358 in respect of the ship referred to in section 357 and any person for whose act, neglect or default he or they are responsible.

PART XXVI
Wrecks

361. Interpretation of this Part

(1) In this Part of this Act, unless the context otherwise requires-

“hazard” means any condition or threat of-

(a) danger or impediment to navigation; or

(b) substantial physical damage to the marine environment, or damage to the coastline
“related interests” means-

(a) the health of the coastal population and the well-being of the area concerned, including conservation of living marine resources and of wildlife;
(b) maritime, coastal, port or estuarine activities, including fisheries activities, constituting an essential means oflivelihood of the persons concerned;
(c) tourist attractions of the area concerned;
(d) harbour works, basins and navigable waterways; and
(e) offshore or underwater infrastructure and other economic interests;

“removal” means any form of prevention, mitigation or elimination of hazard proportionate to the hazard;
“ship” means a vessel of any type whatsoever operating in the marine environment and includes hydrofoil boats, air-cushion vehicles, submersibles, floating craft, and fixed or floating platforms or mobile offshore units when such platforms or units are not on location engaged in the exploration, exploitation, storage or production of sea-bed min- erai resources;

“shipowner” means the person or persons registered as the owner of the ship, or, in the absence of registration, the person or persons owning the ship, at the time of the incident leading to a wreck;
“territorial sea” means the territorial sea as defined by the Territorial Waters Act. [Cap. T5.]

(2) Where a ship is owned by a country and operated by a company which is registered as the ship’s operator, “shipowner” shall mean the company.
“Wreck” means-
(a) a sunken or stranded ship, or any part thereof, including anything that is on board such a ship or which is stranded, sunken or in danger at sea and lost at sea from a ship; or
(b) a ship that is about, or that may reasonably be expected to become, a wreck by reason of-
(i) collision, stranding or any other incident of navigation; or
(ii) any other occurrence on board the ship or external to it, resulting in material damage, or imminent threat of material damage, to the ship.
362. Application

This Part of this Act shall not apply to any ship that was, or at the time of the inci- dence or occurrence that caused it to become a wreck, a warship, naval auxiliary or to a Nigerian Government ship used for the time being, only on Government non-commercial service.
Receiver of Wreck
363. Receiver and assistant receivers

(1) There shall be appointed by the Minister, a Receiver of Wreck, and such number of assistant Receivers of Wreck for any part of Nigeria as may be necessary; and any such Assistant Receiver of Wreck shall exercise such powers conferred by this Part of this Act on the Receiver of Wreck and may perform such duties as are imposed by this Part of this Act on the Receiver of Wreck, as the Receiver of Wreck may delegate to him.
(2) Anything lawfully done by an Assistant Receiver of Wreck acting under this sec- tion shall, for the purposes of this Part, be deemed to have been done by the Receiver of Wreck.
364. Determination of hazard
The Receiver of Wreck shall be responsible for determining whether a hazard exists, taking into account the following criteria, as appropriate, without regard to the order in which the criteria are presented below:
(a) size, type and construction of the wreck;

(b) depth of the water;

(d) proximity of shipping routes or established traffic lanes;

(e) traffic density and frequency;

(j) type of traffic;

(g) nature and quantity of the wreck’s cargo, the amount and types of oil (such as fuel oil and lubricating oil) on board the wreck and, in particular, the damage likely to result should the cargo or oil be released into the marine environment;
(h) vulnerability of port facilities;

(i) prevailing meteorological and hydrographic conditions;

(j) submarine topography of the area;

(k) height of the wreck above or below the surface of the water at lowest astronomical tide;
(f) acoustic and magnetic profiles of the wreck;
(m) proximity of offshore installations, pipelines, telecommunications cables and similar structures; and

(n) any other circumstances that necessitate the removal of a wreck.

365. Marking of wrecks
(1) Where any wreck is determined to constitute a hazard, the Receiver of Wreck shall ensure that all reasonable steps are taken to mark the wreck.
(2) In marking the wreck referred to in subsection (1) of this section, all practicable steps shall be taken to ensure that the markings conform with internationally accepted systems of buoyage.
(3) The particulars of any wreck marking shall be communicated to mariners.
366. Duty to remove hazardous wrecks
(1) If the Receiver of Wreck determines that the wreck constitutes a hazard, he shall immediately so inform the shipo wner.
(2) The ship owner shall remove a wreck determined to constitute a hazard.
(3) The ship owner, or another interested party, shall provide the Receiver of Wreck with evidence of financial security.

367. Shipowner may contract removal

(1) The ship owner may contract with any salvor or other person to perform the operation of removal on the owner’s behalf.

(2) When such operations have been commenced by the ship owner or private salvors, the Receiver of Wreck may intervene in such operations only to the extent necessary to ensure that the removal operations proceed as expeditiously as possible consistent with safety and environmental considerations.

(3) Before such operations are commenced by the owner or private salvors, the Re- ceiver of Wreck may lay down conditions for such operations only to the extent necessary in order to ensure that the removal operations proceed as expeditiously as possible consistent with safety and environmental considerations and may specify that he is to approve the methods applied in the operation.
368. Receiver to set deadlines, etc.

(1) The Receiver of Wreck shall-

(a) set a reasonable deadline within which the ship owner must undertake the removal of the wreck taking into account the hazard;

(b) inform the ship owner in writing of the deadline he has set and specify that, if the ship owner does not undertake the removal of the wreck within that deadline, he can undertake the removal at the ship owner’s expense; and

(c) inform the ship owner that he intends to intervene immediately where the hazard is particularly severe.
(2) If the ship owner does not remove the wreck within the deadline set, or the Receiver of Wreck considers that immediate action is required, he may undertake the removal or marking of the wreck by the most practical and expeditious means available, consistent with considerations of safety and protection of the marine environment and related interests.
Fees of Receivers of Wreck
369. Receiver’s fee
(1) There shall be paid to the Receiver of Wreck and every assistant Receiver of Wreck the expenses and such fees properly incurred by them in the performance of their duties and also, in respect of such other matters as may be prescribed; but the Receiver of Wreck and the Assistant Receiver of Wreck shall not be entitled to any remuneration other than those payments.

(2) The Receiver of Wreck and every Assistant Receiver of Wreck shall, in addition to all other rights and remedies for the recovery of the expenses and fees aforesaid, have the same rights and remedies in respect thereof as a salvor has in respect of salvage due to him.

(3) Whenever any dispute arises as to the amount payable to the Receiver of Wreck or any Assistant Receiver of Wreck in respect of expenses or fees, that dispute shall be determined by the Minister and the Minister’s decision shall be final.

(4) All fees received by the Receiver of Wreck or any Assistant Receiver of Wreck in respect of any services performed by him as the Receiver of Wreck or the Assistant Re- ceiver of Wreck, as the case may be, shall be paid into the Consolidated Revenue Fund.

Vessels in Distress

370. Duty of Receiver where vessels in distress
(1) Where any vessel is wrecked, stranded or in distress at any place on or near the coasts of Nigeria or any tidal water within Nigeria, the Receiver of Wreck shall, upon being made acquainted with the circumstances, forthwith proceed thereto, and, upon his arrival, shall take the command of all persons present, and shall assign such duties and give such directions to each person as he thinks fit for the preservation of the vessel, and of the lives of the persons belonging to the vessel and of the cargo and apparel of the vessel.

(2) The Receiver of Wreck shall not interfere between the master and the crew of the vessel in reference to the management thereof, unless he is requested to do so by the master.

(3) Any person who wilfully disobeys any lawful directions of the Receiver of Wreck, commits an offence and on conviction is liable to a fine not less than one hundred thousand naira.

371. Powers of the Receiver in case of vessels in distress
(1) The Receiver of Wreck may, with a view to the preservation of life, or of the vessel, cargo or apparel in distress-

(a) require such persons as he thinks necessary to assist him;
(b) require the master or other person having the charge of any vessel near at hand to give such aid with his men or vessel as may be in his power; and
(c) demand the use of any vehicle or of any craft that may be near at hand.
(2) Any person who refuses without reasonable cause to comply with the provisions of subsection (1) of this section commits an offence and on conviction is liable to a fine not less than one hundred thousand naira.

372. Power to pass over adjoining lands

(1) Whenever a vessel is wrecked, stranded or in distress as aforesaid all persons may, for the purpose of rendering assistance to the vessel, or of saving the lives of shipwrecked persons or of saving the cargo or apparel of the vessel, unless there is some public road equally convenient, pass and re-pass, either with or without vehicles, over any adjoining land without being subject to interruption by the owner or occupier so however, that they do as little damage as possible and may also on the like condition, deposit on those lands any cargo or other article recovered from the vessel.
(2) Any damage sustained by an owner or occupier in consequence of the exercise of the rights given by this section shall be a charge on the vessel, cargo or articles in respect of or by which the damage is occasioned and the amount payable in respect of the damage shall, in case of dispute, be determined and shall, in default of payment, be recoverable in the same manner as the amount of salvage is under this Part of this Act determined or recoverable.

(3) Where the owner or occupier of any land-
(a) impedes or hinders any persons in the exercise of the rights given by this section by locking his gates or refusing, upon request, to open the same, or otherwise;
(b) impedes or hinders the deposit of any cargo or other article recovered from the vessel as aforesaid on the land; or
(c) prevents or endeavours to prevent any cargo or other article from the remains deposited on the land for a reasonable time, until it can be removed to a safe place or public deposit, he commits an offence and on conviction is liable to a fine not less than one hundred thousand naira.
373. Power of Receiver to suppress plunder and disorder by force
(1) Whenever a vessel is wrecked, stranded or in distress as aforesaid, and any person plunders, creates disorder or obstructs the preservation of the vessel, or of the shipwrecked persons, or of the cargo or apparel of the vessel, the Receiver of Wreck may cause that person to be apprehended.
(2) The Receiver of Wreck may use force for the suppression of any such plundering, disorder or obstruction, and may command all persons present to assist him in so using force.
(3) Any person who contravenes the provisions of this section commits an offence and shall on conviction be liable to a fine not less than two hundred thousand naira or imprisonment for a term not less than one year or both.
(4) Where any person is killed, maimed or hurt by reason of his resisting the Receiver of Wreck or any person acting under the orders of the Receiver of Wreck, the Receiver of Wreck or the person acting under his orders shall not be liable to any punishment, or to pay any damages, by reason of the person being so killed, maimed or hurt, unless the Receiver or person acting under his orders used more force than was reasonably necessary in the circumstances.

374. Examination in respect of ship in distress

(1) Where any Nigerian ship is or has been in distress on the coast of Nigeria, the Receiver of Wreck, or in the absence of the Receiver of Wreck a magistrate, shall, as soon as possible, examine on oath any person belonging to the ship, or any other person who may be able to give any account thereof or of the cargo or stores thereof, as to any of the following matters:
(a) the name and description of the ship;
(b) the name of the master and of the owners;
(c) the names of the owners of the cargo;
(d) the ports from ‘and to which the ship was bound;
(e) the occasion of the distress of the ship;
(f) the services rendered; and
(g) such other matters or circumstances relating to the ship, or to the cargo on board the same, as the person holding the examination thinks necessary.
(2) The person holding the examination shall take it down in writing and shall send two copies to the Minister and the Minister shall cause one copy to be displayed in some conspicuous position for public inspection, and shall publish so much of the result of the examination as he thinks fit in the Gazette.
(3) The person holding an examination under this section shall have all the powers of an inspector; and for the avoidance of doubt, the power to examine on oath shall include the powers to administer an oath.

Dealing with Wreck

375. Rules to be observed by persons finding wreck
Where any person finds or takes possession of any wreck within Nigeria, or finds or takes possession of any wreck outside those limits and brings it within those limits, he shall-

(a) if he is the owner of the wreck, give notice to the Receiver of Wreck, stating that he has found or taken possession of the same, and describing the marks by which the same may be recognised; or

(b) if he is not the owner of the wreck, as soon as possible deliver it to the Receiver of Wreck, and where the person fails without reasonable cause to comply with this section, he commits an offence and on conviction is liable to a fine not less than fifty thousand naira, and shall, in addition, if he is not the owner, forfeit any claim to salvage, and be liable to pay to the owner of the wreck, ifit is claimed or ifit is unclaimed to the Minister, double the value thereof.
376. Penalty for taking wreck at time of casualty
(1) Where a vessel is wrecked, stranded or in distress at any place on or near the coasts of Nigeria or any tidal water within Nigeria, any cargo or other articles belonging to, or separated from, the vessel which may be washed on shore or otherwise lost or taken from the vessel, shall be delivered to the Receiver of Wreck.

(2) If any person, whether the owner or not, secretes or keeps possession of any such cargo or article, or refuses to deliver the same to the Receiver of Wreck or to any person authorised by the Receiver of Wreck to demand the same, he commits an offence and on conviction is liable to a fme not exceeding fifty thousand naira or imprisonment for a term not exceeding two years or both.
(3) The Receiver of Wreck or any authorised person may take any such cargo or article by force from the person so refusing to deliver the same.
377. Notice of wreck to be given by Receiver
(1) Where the Receiver of Wreck takes possession of any wreck, he shall, within fortyeight hours-
(a) cause to be posted at the nearest police station, and otherwise publish in such manner as he may deem fit, a description of the wreck and of any marks by which it is distinguished; and
(b) if, in his opinion, the value of the wreck exceeds one hundred thousand naira, send a copy of such description to the Minister.
(2) The Minister may, if he thinks fit, direct that a copy of any description of any wreck sent to him by the Receiver of Wreck under subsection (1) of this section, be sent to the secretary of Lloyd’s in London.
378. Claims of owner to wreck

(1) the owner of any wreck in the possession of the receiver of wreck, upon establishing his claim to same to the satisfaction of the Receiver of Wreck within one year, from the time when the wreck came into possession of the Receiver of Wreck, shall, upon paying the salvage fees and expenses due, be entitled to have the wreck or the proceeds thereof, delivered up to him.
(2) Where any foreign vessel is wrecked in Nigeria, or any articles belonging to, or forming part of, any such vessel, or belonging to, or forming part of, the cargo of any such vessel, are found in Nigeria or are brought into any port within Nigeria, the consular officer of the country to which the vessel, or, in the case of cargo, to which the owner of the cargo, may have belonged, if authorised by any treaty or arrangement with that country, shall, in the absence of the owner and of the master or other agent of the owner, be deemed to be the agent of the owner, so far as it relates to the custody and disposal of the vessel or the articles.

379. Immediate sale of wreck by Receiver in certain cases
The Receiver of Wreck may at any time sell any wreck in his custody if in his reasonable opinion-
(a) it is under the value of fifty thousand naira;

(b) it is so much damaged or of such perishable nature that it cannot with advantage be kept; or

(c) it is not of sufficient value to pay for warehousing;
and the proceeds of the sale shall, after defraying the expenses thereof, be held by the Receiver of Wreck for the same purposes and subject to the same claims, rights and liabilities, as if the wreck had remained unsold.
Unclaimed Wreck

380. Unclaimed wreck to be sold and proceeds paid into general revenue
Where no owner establishes a claim to any wreck which-
(a) has been found in Nigeria, or found or taken possession of outside Nigeria and brought into Nigeria; and
(b) has been in the possession of the Receiver of Wreck for one year, the Receiver of Wreck shall sell such wreck and shall pay into the Consolidated Revenue Fund the proceeds of the sale after deducting therefrom the expenses of sale and any other expenses incurred by, and the fees payable to him in respect thereof, and paying to the salvors such amount of salvage as the Minister may, by special or general directions, specify.
381. Delivery of unclaimed wreck by Receiver not to prejudice title
Upon delivery of wreck or payment of the proceeds of sale of wreck by the Receiver of Wreck in pursuance of the provisions of this Part of this Act, the Receiver of Wreck shall be discharged from all liability in respect thereof, but the delivery thereof shall not prejudice or affect any question which may be raised by third parties concerning the right or title to the wreck.

Removal of Wrecks
382. Removal of wreck by Receiver

(1) Subject to the provisions of any other enactment or law relating to ports, where any vessel is sunk, stranded or abandoned in any port, navigable river or tidal water within Nigeria or in or near any approach to any port, navigable river or tidal water, in a manner as in the opinion of the Receiver of Wreck, to be or to be likely to become, an obstruction or danger to navigation, the Receiver of Wreck-
(a) may take possession of and raise, remove or destroy, the whole or any part of the vessel;
(b) may light or buoy any such vessel or part of the vessel, until the raising, removal or destruction of the vessel; and
(c) subject to the provisions of subsections (2) and (3) of this section, may sell, in a manner as he thinks fit, any vessel or part so raised or removed and any other property recovered in the exercise of his powers under this section, and out of the proceeds of sale reimburse himself for the expenses incurred by him under this section in relation to such vessel, or part of a vessel, or other property, and shall hold the balance, if any, for payment to a person who establishes his right to the vessel in so far as the person makes the claim within three years of the sale and the balance shall be paid into the Consolidated Revenue Fund.

(2) A sale shall not, except in the case of property which is of a perishable nature or which would deteriorate in value if delayed, be made under this section until at least seven clear days’ notice of the intended sale has been published in the Gazette or such widely circulated newspapers as the Receiver may decide.
(3) At any time before any property is sold under this section, the owner of the property shall be entitled to have same delivered to him on payment to the Receiver of Wreck of the fair market value of the property to be ascertained by agreement between the Receiver of Wreck and the owner; failing such agreement, by some person to be named for the purpose by the Minister; and the sum paid to the Receiver of Wreck as the value of any property under this subsection shall, for the purposes of this section, be deemed to be the proceeds of sale of that property.
(4) If the proceeds of sale of any such property as is mentioned in this section is less than the costs incurred by the Receiver of Wreck under this section, he may recover such difference from the owner of the vessel by a civil action.
383. Breaking and removal of wrecks
(1) If any person, being the owner of any vessel wrecked, submerged, sunken or stranded, or a duly authorised agent or servant of such owner, is desirous of breaking up such vessel prior to removal thereof from Nigeria, such person shall, before commencing salvage or breaking up operations, obtain the written permission of the Receiver of Wreck, who shall be entitled to grant permission and, in his discretion, to require reasonable security as he may consider necessary to ensure the removal of such vessel or any portion thereof, from Nigeria.
(2) Any person who, without the previous written permission of the Receiver of Wreck, does or causes to be done any salvage or breaking up operations of any vessel or any wrecked, submerged, sunken or stranded vessel lying within Nigeria, commits an offence and on conviction is liable to a fine not less than two hundred thousand naira, or to imprisonment for a term not less than one year, or to both.
384. Powers of removal to extend to tackle, cargo, etc.

The provisions of this Part of this Act relating to removal of wrecks shall apply to every article or thing, or collection of things, being or forming part of the tackle, equip- ment, cargo, cargo stores or ballast of a vessel, in the same manner as if it were included in the word “vessel”; and, for the purposes of those provisions, any proceeds of sale arising from a vessel and from the cargo of the vessel or any other property recovered from it, shall be regarded as a common fund.

385. Interfering with wrecked vessel

(1) A person shall not, without the leave of the master, board or endeavour to board any vessel which is wrecked, stranded or in distress unless that person is, or acts by command of the Receiver of Wreck or a person lawfully acting as such.

(2) Any person who acts in contravention of this section, commits an offence and on conviction is liable to a fme not less than fifty thousand naira, and the master of the ves- sel may repel him by force.

386. Summary procedure for concealment of wreck

(1) Where the Receiver of Wreck suspects or receives information that any wreck is secreted or in the possession of some person who is not the owner thereof, or that any wreck is otherwise improperly dealt with, he may apply to any magistrate for a search warrant; and that magistrate shall have power to grant such a warrant and the Receiver of Wreck, by virtue of such warrant, may enter any house or other place, wherever situate, and also any vessel and search for such wreck, and seize and detain any such wreck there found.
(2) If any such seizure of wreck is made in consequence of information given by any person to the Receiver of Wreck, on a warrant being issued under this section, the in- former shall be entitled, by way of salvage, to such sum, not exceeding fifty thousand naira, or as the Receiver of Wreck may allow.

PART XXVII

Assistance to and Salvage of Vessels

387. Interpretation of this Part

In this Part, unless the context otherwise requires-

“damage to the environment” means any substantial physical damage to human health or marine life or resources in coastal or inland waters or to areas adjacent to coastal or inland waters caused by pollution, contamination, fire, explosion or similar major incident;

“owner” in relation to a vessel, means the person who was the owner of the vessel at the time of the sinking, stranding or abandoning of the vessel;

“property” means any property not permanently and intentionally attached to the shoreline and any freight at risk;

“salvage” includes all expenses properly incurred by the salvor in the performance of salvage services;

“salvage operation” means any activity undertaken to assist a vessel or any other property in danger in navigable waters or in any other waters whatsoever;

“vessel” means any ship or craft or structure capable of navigation;
“wreck” includes jetsam, flotsam, lagan and derelict found in or on the shores of the sea or any tidal water.
388. Duties of owner, etc., master and salvor
(1) The provisions of the International Convention on Salvage, 1989 shall apply to this Part of this Act.

(2) The owner and the master of a vessel in danger shall take timely and reasonable steps to arrange for salvage operations.
(3) The owner and the master of the vessel or the owner of any property in danger shall-
(a) co-operate fully with the salvor during the course of salvage operations;
(b) exercise due care to prevent or minimise damage to the environment;
(c) when the vessel or other property has been brought to a place of safety accept re-delivery when reasonably requested by the salvor to do so.
(4) A salvor shall-
(a) carry out the salvage operations in which he is engaged with due care;
(b) in performing the salvage operations exercise due care to prevent or minimise danger to the environment;
(c) accept the intervention of other salvors when reasonably requested to do so by the owner or master of the vessel or of other property in danger and the amount of the salvor’s reward shall not be prejudiced if the request for other salvors was unreasonable.
389. Contracts, services and equitable agreements
(1) The master of a vessel has authority to conclude contracts for salvage operations on behalf of the owner of the vessel.
(2) The master or owner of a vessel has authority to conclude salvage contracts on behalf of the owner of any property on board his vessel.
(3) No payment is due under the provisions of this Part of this Act unless the services rendered exceed what can be reasonably considered as due performance of a contract entered into before danger to the vessel arose.
(4) An agreement for assistance or salvage entered into at the moment and under the influence of danger may at the request of either party to the agreement, be annulled or modified by the court, if it considers that the conditions agreed upon are not equitable.

(5) If it is proved that the consent of one of the parties to an agreement under this section is vitiated by fraud or concealment, or the remuneration is, in proportion to the services rendered in an excessive degree too large or too small, the agreement may be annulled or modified by the court at the request ofthe affected party.
(6) The owner or master of a vessel or owner of any property in danger, not on board the ship, shall not pay for any service rendered by a salvor who is not permitted to do so under this Part of this Act.
390. Conditions and amount of reward
(1) Every act of assistance or salvage which yields a useful result gives a right to equitable reward and as otherwise provided payment shall not be made to a salvor if salvage operations do not yield any beneficial results.

(2) The provisions of subsection (1) of this section shall apply notwithstanding that the salvaged vessel and the vessel undertaking the salvage operations belong to the same person.

(3) A person who takes part in salvage operations notwithstanding the express and reasonable prohibition on the part of the vessel to which the services were rendered, shall not be entitled to receive a reward.
(4) A tug shall not receive reward for assistance rendered to or for salvage of the vessel or the cargo of the vessel the tug tows unless it renders exceptional services which cannot be considered as rendered in fulfillment of the contract to salvage.
(5) The amount of reward to be paid for salvage shall be fixed by agreement between the parties, and, where there is no agreement between the parties, by the court.
(6) The proportion in which a reward for salvage is to be distributed amongst the salvors shall be fixed in the same manner.
(7) The apportionment of reward between the owner, master and other persons in the services of any salving vessel shall be determined as provided in this Part of this Act.
391. Duty to render assistance and salvor’s misconduct
(1) The master of every vessel shall as far as he can do so without serious danger to his vessel and persons on the vessel, render assistance to any person in danger of being lost at sea.

(2) Where the master of a ship does not comply with the provisions of subsection (1) of this section, the owner of the vessel shall not be held liable.
(3) Any master of a vessel who fails to comply with the provisions of subsection (1) of this section commits an offence and on conviction is liable to a fine not less than five hundred thousand naira or to imprisonment for a term not exceeding two years or both.

392. Criteria for fixing reward and salvor misconduct
(1) The criteria for determining the reward for salvage operations shall be fixed by taking the following into consideration:
(a) the salvaged value of the vessel and other property;
(b) the skill and efforts of the salvors in preventing or minimising damage to the environment;
(c) the measure of success obtained by the salvor;
(d) the nature and degree of the danger;
(e) the skill and effort of the salvors in salving the vessel, other property and life;
(f) the time spent and expenses and losses incurred by the salvors;
(g) the risk of liability and other risks run by the salvors or their equipment;
(h) the promptness of the services rendered;
(i) the availability and use of the vessels or other equipment intended for salvage operations;
(j) the state of readiness and efficiency of the salvor’s equipment and the value thereof.

(2) Payment of reward fixed according to subsection (1) of this section shall be made by the vessel and other property interests in proportion to their respective salvaged values.

(3) The rewards, exclusive of any interest and recoverable legal costs that may be payable on the rewards, shall not exceed the salvaged value of the vessel and other property
(4) The court may deprive the salvors of all rewards or may award a reduced reward if it appears that the salvors have by their fault rendered the salvage operation or the assistance that was required more difficult or are guilty of theft:, fraudulent concealment or other dishonest conduct.
393. Special compensation for salvage operation
(1) Where a salvor has carried out salvage operations in respect of a vessel which by itself or its cargo threatened damage to the environment and the salvor failed to earn a reward under section 392 of this Act, which is at least equivalent to the special compensation assessed in accordance with this section, the salvor shall be entitled to special compensation from the owner of the vessel, equivalent to the expenses as defined in this section.

(2) Where in the circumstances set out in subsection (1) of this section, the salvor by his salvage operation prevented or minimised damage to the environment, the special compensation payable by the owner to the salvor under subsection (1) of this section may be increased to a minimum of 30 percent of the expenses incurred by the salvor but the court may if it deems it fair and just and bearing in mind the criteria set out in section 392, subsection (1) of this Act, increase the compensation further, but in no event shall the total increase be more than 100 percent of the expenses incurred by the salvor.

(3) The expenses of a salvor for the purposes of subsections (1) and (2) of this section, is the out-of-pocket expenses reasonably incurred by the salvor in the salvage operation and a fair rate for equipment and personnel actually and reasonably used in the salvage operations, taking the criteria prescribed in subsection (1) (h), (i) and (j) of section 392 of this Act into consideration.
(4) The total compensation under this section shall be paid only if and to the extent that the compensation is greater than any reward recoverable by the salvor under section 392 of this Act.

(5) Where the salvor has been negligent and has by such negligence failed to prevent or minimise damage to the environment, the salvor may be deprived of the whole or part of any special compensation due to him under this section.

(6) Nothing in this section shall affect any right of recourse on the part of the owner of the vessel.

394. Apportionment between salvors

(1) The apportionment of a reward between salvors under section 390 of this Act shall be made on the basis of the criteria set out in that section.

(2) The apportionment between the owner, master and other persons in the service of each salving vessel shall be determined by the flag of that vessel, but where the salvage was not carried out from a vessel, the apportionment shall be determined by the law governing the contract between the salvor and his servants.

395. Salvage of human life

(1) No remuneration is due from persons whose lives are saved.
(2) A salvor of human life who took part in the services rendered on the occasion of an accident giving rise to the salvage or assistance, is entitled to a fair and reasonable reward from the owners of the salvaged vessel and cargo as may be determined by the court.
396. Claims and actions
(1) Nothing in this Part of this Act shall affect the salvor’s maritime lien under any International Convention or Nigerian law.
(2) A salvor may not enforce his maritime lien when satisfactory security for his claim, including interests and costs, has been duly tendered or provided.

(3) The law relating to civil salvage whether of life or property, except section 404 of this Act, shall apply in relation to salvage services in assisting any Government ships, or in saving life from Government ships, or in saving any cargo or equipment belonging to the Federal Government, in the same manner as if the ship, cargo or equipment belonged to a private person.

(4) Where salvage services are rendered by or on behalf of the Federal Government, the Government shall be entitled to claim salvage in respect of those services to the same extent as any other salvor and shall have the same right and remedies in respect of the services as any other salvor.

(5) No claim for salvage services by the commander or crew or part of the crew of any ship belonging to the Federal Government shall be finally adjudicated upon without the consent of the Minister to the prosecution of the claim being first obtained.
(6) Any document purporting to give the consent of the Minister or any officer dele- gated by him for the purposes of subsection (5) of this section shall be evidence of the consent.
(7) Where a claim is prosecuted without the consent required in subsection (5) of this section, the claim shall be dismissed with costs.
397. Duty to provide security
(1) Any person liable for a payment under this Part of this Act shall, upon the request of the salvor, provide satisfactory security for the claim including interests, and costs of the salvor.

(2) Without prejudice to subsection (1) of this section, the owner of the salvaged vessel shall ensure that the owners of the cargo provide satisfactory security for the claims against them, including interests and costs before the cargo is released.
(3) The salvaged vessel and other property shall not, without the consent of the salvor, be removed from the port or place at which the vessel and other property first arrived after the completion of salvage operations until the provisions of subsection (1) of this section have been complied with.
398. Interim payment

(1) The court may, by an interim decision, order that a salvor be paid on account, such amount as seems fair and just and on such terms including terms as to security where appropriate, as may be fair and just according to the circumstances of the case.
(2) Where an interim payment is made under subsection (1) of this section, the security provided under section 397 of this Act shall be reduced accordingly.
399. Limitation of action
(1) An action relating to payment under this Part of this Act shall be time barred if judicial or arbitral proceedings have not been instituted within a period of two years and the limitation period shall commence on the day which the salvage operations are terminated; provided that the said period shall be extended in cases where it has not been possible to arrest the vessel assisted or salvaged in Nigeria.
(2) A person against whom a claim is made may, at any time during the running of the limitation period, extend that period by a declaration to the claimant and this period shall in like manner be further extended.
(3) An action for indemnity by a person liable may be instituted even after the expiration of the limitation period provided for in subsections (1) and (2) of this section, if brought within the time allowed by law.
400. Exclusions
(1) The provisions of this Part of this Act shall not apply to-
(a) salvage operation which takes place in inland waters of Nigeria and in which all the vessels involved are of inland navigation; and
(b) a salvage operation which takes place in inland waters of Nigeria and in which no vessel is involved;

(c) fixed or floating platforms or to mobile offshore drilling units when the plat- forms or units are on location engaged in the exploration, exploitation or production of sea-bed mineral resources.
(2) Inland waters in this section does not include any water in ebb and flow of the tide at ordinary tide or waters which is directly or (by means of one or more docks) indirectly connected with such waters.

(3) Nothing in this Part of this Act shall be used as a basis for the seizure, arrest or detention by any legal process of or for any proceedings in them against a warship, other non-commercial vessel or non-commercial cargo owned by the Federal Government and entitled at the time of salvage operation to sovereign immunity.
(4) Nothing in this Part of this Act shall be used as a basis for the seizure, arrest or detention of humanitarian cargoes if the country that donated the humanitarian cargoes has agreed to pay for salvage services rendered in respect of the humanitarian cargoes.

401. Power to make regulations
(1) The Minister may make regulations with respect to salvage operations and related matters.
(2) Any regulation made under this section may provide for-

(a) enforcing the duty of every master to render assistance to persons in danger at sea;
(b) steps to be taken to protect the coastline from pollution following maritime casualty;
(c) admittance to Nigerian ports of vessel in distress;
(d) facilities to be provided to salvors and the mode and fees for such facilities;
(e) co-operation between salvors and other interested parties.

402. Salvage of life, cargo or wreck within Nigeria
Where any vessel is wrecked, stranded or in distress at any place on or near the coasts of Nigeria or any tidal water within Nigeria, and services are rendered by any person in assisting that vessel, saving life from that vessel or saving the cargo or apparel of that vessel, or any part of the vessel and the services are rendered by any person other than the Receiver of Wreck in saving any wreck, there shall be payable to the salvor by the owner of the vessel, cargo apparel or wreck a reasonable amount of salvage, to be determined in case of dispute in the manner hereinafter mentioned.

403. Determination of salvage disputes

(1) A dispute as to the amount of salvage, whether of life or property and whether the services for which the amounts claimed have been rendered within or outside Nigeria, arising between the salvor and the owner of any vessel, cargo, equipment or wreck shall, if not settled by agreement, arbitration or otherwise be determined by the court.
(2) A dispute relating to salvage may be determined on the application of the salvor or of the owner of the property salvaged, or of their respective agents.
(3) Any dispute as to salvage which is to be determined under subsection (2) of section 395 of this Act shall-
(a) where the dispute relates to the salvage of wreck; or
(b) where the dispute relates to salvage in the case of services rendered to any vessel, or to the cargo or equipment of the vessel, or in saving life from the vessel, be referred to the court.
404. Valuation, detention and sale by Receiver
(1) Where any dispute as to salvage arises, the Receiver of Wreck may, on the application of either party to the dispute, appoint a valuer to value the property, and shall give copies of the valuation to both parties.
(2) Any copy of the valuation purporting to be signed by the valuer, and to be certified as a true copy by the Receiver of Wreck, shall be admissible as evidence in any sub- sequent proceedings.
(3) There shall be paid, in respect of the valuation, by the person applying for the valuation, such fee as the Minister may direct.
(4) Where salvage is due to any person under this Part of this Act, the Receiver of Wreck shall-
(a) if the salvage is due in respect of services rendered in assisting any vessel, or in saving life from the vessel, or in saving the cargo or equipment of the vessel, detain the vessel and cargo or equipment; and

(b) if the salvage is due in respect of the saving of any wreck, and the wreck is not sold as unclaimed under this Part of this Act, detain the wreck;

(c) subject to the provision of this section, the Receiver of Wreck shall detain the vessel and the cargo and equipment or the wreck (in this Part referred to as “detained property”) until payment is made for salvage or process is issued for the arrest or detention of the detained property by a court of competent jurisdiction;
(d) the Receiver of Wreck may release any detained property if security is given to his satisfaction or, if the claim for salvage exceeds two hundred thousand naira and any question is raised as to the sufficiency of the security, to the satisfaction of the court.
(5) Any security given for salvage in pursuance of this section to an amount exceeding two hundred thousand naira may be attached by the court in the same manner as if bail had been given in the court.

(6) The Receiver of Wreck may sell any detained property, if the persons liable to pay the salvage in respect of which the property is detained are aware of the detention, in the following cases:
(a) where the amount is not disputed, and payment of the amount due is not made within twenty days after the amount becomes due;
(b) where the amount is disputed, but no appeal lies from the decision of the court to which the dispute is referred and payment is not made within twenty days after the decision of the said court;
(c) where the amount is disputed and an appeal lies from the decision of the court, to which the dispute is referred, to some other court, and within thirty days after the decision of the first court, payment of the sum due is not made and proceedings are not commenced for the purpose of appeal or of obtaining leave to appeal.
(7) The proceeds of sale of any detained property shall, after payment of the expenses of the sale, be applied by the Receiver of Wreck in payment of the expenses, fees and salvage incurred and payment in respect of such property, and, so far as not required for that purpose, shall be paid to the owners of the property or any other persons entitled to receive same.
405. Apportionment by Receiver and court

(1) Where the aggregate amount of salvage payable in respect of salvage services rendered within Nigeria has been finally determined by the court or by agreement, and does not exceed four hundred thousand naira, but a dispute arises as to the apportionment of the amount among several claimants, the person liable to pay the amount may apply to the Receiver of Wreck for liberty to pay the same to him; and the Receiver of Wreck shall, if he thinks fit, receive the same accordingly, and grant to the person paying the amount a certificate for the amount paid and of the services in respect of which it is paid.

(2) A certificate issued under subsection (1) of this section shall be a full discharge and indemnity to the person by whom the money is paid and to his vessel, cargo, apparel and effects against the claims of all persons whomsoever in respect of the services mentioned in the certificate.
(3) The Receiver of Wreck shall, with all convenient speed, distribute any amount received by him under this section among the persons entitled to same on such evidence, and in such shares and proportions, as the Receiver of Wreck thinks fit, and may retain any money which appears to him to be payable to any person who is absent.
(4) A distribution made by the Receiver of Wreck in pursuance of this section shall be final and conclusive as against all persons claiming to be entitled to any portion of the amount distributed.

(5) Whenever the aggregate amount of salvage payable in respect of salvage service rendered-
(a) within Nigeria has been finally ascertained and exceeds four hundred thousand naira; and
(b) elsewhere has been finally ascertained, whatever that amount may be, if any delay or dispute arises as to the apportionment of a court of competent jurisdiction, the court may cause the aggregate amount of salvage payable to be apportioned among the persons entitled to the amount of salvage in such manner as the court thinks just, and may, for that purpose, if it thinks fit, appoint any person to carry that apportionment into effect, and may compel any person in whose hands, or under whose control, the amount may be, to distribute the same, or to bring the same into court to be dealt with as the court may direct and may, for such purpose, issue processes as it thinks fit.

PART XXVIIl
Legal Proceedings

Prosecution of Offences

406. Institution of prosecutions

No prosecution for an offence under this Act, except in respect of offences relating to discipline and order on board a ship, shall be instituted, or if instituted shall be continued, without the consent of the Attorney-General of the Federation.

Imprisonment in lieu of Fine

407. General power of ordering imprisonment in default of payment of penalty

Where any court or tribunal is empowered by any provision of this Act to impose a penalty for a summary conviction offence, the court or tribunal may, in the absence of any express provision to the contrary in the same or any other written law, order a defendant who is convicted of the offence, in default of payment of the sum of money adjudged to be paid by the order, immediately or at the time specified in the order, as the case may be, to be imprisoned.
Jurisdiction

408. Provision as to jurisdiction in case of offences
For the purpose of conferring jurisdiction under this Act, an offence shall be deemed to have been committed, and every cause of complaint to have arisen, in the place in which the offence was actually committed or arose or in any place in which the offender or person complained against may be.

409. Jurisdiction over sbips lying off the coasts
Where an area within which a court which has jurisdiction under this Act for any pur- pose whatever, is situated on the coast of any sea, or abutting on or projecting into any bay, channel or other navigable water, the court shall have jurisdiction for the purposes of this Act over any vessel which is on, or lying or passing off, the coast, or which is in or near the bay, channel or navigable water, and over all persons on board that vessel or for the time being belonging to the vessel, in the same manner as if the vessel or persons were within the limits of the original jurisdiction of the court.

410. No jurisdiction for extra-territorial offences
(1) Notwithstanding anything in this Act, no court or tribunal shall, by virtue only of any provision of this Act, have jurisdiction to-
(a) try any master, seaman or cadet belonging to, or connected with, any sea-going ship registered in or belonging to any country other than Nigeria for any offence committed outside Nigeria;
(b) try an owner or any other person for any offence committed outside Nigeria on board, or in relation to, any ship referred to in paragraph (a) of this subsection; or
(c) adjudge the forfeiture of any ship referred to in paragraph (a) of this subsection, or any share in the ship, if that liability to forfeiture was incurred outside Nigeria.
(2) Nothing in this Act shall be construed to be in derogation of any rightful jurisdiction of the Federal Government under the Law of Nations; or, subject to the provisions of this section be construed to affect or prejudice any jurisdiction conferred by any other enactment having the force of law in Nigeria.
411. Power to apply Act to ships of other countries, and to exempt such ships
(1) Where the Minister is satisfied that the laws of any foreign country which apply with respect to ships registered in or belonging to the country while the ships are at any port in Nigeria are substantially the same or equally as effective as any of the provisions of this Act or any regulations made under this Act, the Minister may by Order direct that all or any of the provisions of this Act or regulations made under it shall not apply with respect to ships registered in or belonging to that country while the ships are at any port in Nigeria, ifit is proved that those ships comply with the corresponding provisions of the laws of the country in which the ships are registered or to which the ships belong.

(2) The Minister shall not make an Order under subsection (1) of this section unless the Minister is satisfied that the Government of the other country has provided or undertaken to provide for the exemption of Nigerian ships while the Nigerian ships are at any port in that country, from the corresponding provisions of the law of that country.
(3) Where the Minister is satisfied that the Government of a foreign country desires that any of the provisions of this Act or any regulations made thereunder which do not apply to ships registered in or belonging to the country, or to any class or description of those ships, should so apply, whether generally or in specified circumstances, and no special provision for the application is made elsewhere in this Act, the Minister may by order declare that the provisions shall, subject to any limitation prescribed in the order, apply to ships registered in or belonging to that country or, as the case may be, to any class or description of the ships and to the owners, masters and crews and other persons in the service of the ships when not locally in the jurisdiction of the foreign country, in the same manner as if those ships were Nigerian ships.
(4) Any order made under subsection (1) or (2) of this section shall, subject to any limitation stated in the order, have effect according to the period of validity of the order.

412. Offences committed in foreign ports or on the high seas by officers and sea- men of Nigerian ships

(1) Whenever a complaint is made to an appropriate officer in a foreign country that-
(a) a person who is, or has within three months previously been, employed as a master, seaman or cadet on any Nigerian ship, or on any unregistered ship which is required to be registered in Nigeria, has committed an offence against property or persons at any place outside Nigeria, whether on shore or afloat; or
(b) any master, seaman or cadet belonging to any ship referred to in subsection (1) of this section has committed an offence on the high seas, the appropriate officer may inquire into the case upon oath or affirmation, and may, if the case so requires, take any steps in his power to place the person alleged to have committed the offence under the necessary restraint and send the person as soon as practicable in safe custody to Nigeria.

(2) The appropriate officer may order the master of any Nigerian ship, which is not a ship of the Nigerian Navy or its Reserve bound to Nigeria to receive on board and afford a passage and subsistence during the voyage to a person alleged to have committed the offence under subsection (1) of this section, and to any witness.
(3) Where an appropriate officer requires the master of a ship to receive an alleged offender or any witness as provided in subsection (2) of this section, the appropriate officer shall endorse upon the agreement of that ship particulars, with respect to every person so received on the ship, as the Minister may require.
(4) Any master of a ship to whose charge any person alleged to have committed an offence is committed shall, on the ship’s arrival at a port in Nigeria to which the ship is bound, give the alleged offender into the custody of a police officer or constable.

(5) A master of a Nigerian ship, who when required by an appropriate officer to receive and afford a passage and subsistence to any alleged offender or to any witness, refuses to do so or does not deliver any alleged offender committed into his charge into the custody of a police officer or constable as provided in subsection (4) of this section, commits an offence and on conviction is liable to a fine not less than one hundred thou- sand naira.
(6) The expense of placing any person referred to in subsection (1) of this section under restraint, and of conveying him and any witnesses to Nigeria in any manner other than on board the ships to which they respectively belong, shall, where not paid as part of the costs of the prosecution, be paid by the Minister.

413. Power of court or tribunal in trying offences

In trying an offence under this Part of this Act, a court or tribunal-

(a) shall not impose any higher sentence than the court or tribunal is empowered to impose under its ordinary jurisdiction; and

(b) may, and if so required by a party shall sit with any person experienced in maritime affairs as assessor.

Depositions

414. Depositions as evidence when witness cannot be produced
(1) Subject to the provisions of this section, where in the course of any proceedings instituted under this Act before any court or person authorised to receive evidence, the testimony of any witness is required in relation to the subject matter of the proceedings, and the witness cannot be found in Nigeria, any deposition that the witness has previously made on oath in relation to the same subject matter before any judge or magistrate in any country other than Nigeria, or before any diplomatic or consular officer of Nigeria or of any foreign country, shall be admissible in evidence.

(2) No deposition shall be admissible in criminal proceedings unless the deposition was taken in the presence of the person accused, and the judge, magistrate or diplomatic or consular officer when authenticating the deposition made before him certifies that the accused was present at the taking of the deposition.
(3) A deposition admissible for the purposes of this section shall be deemed to be duly authenticated if it purports to have been signed by the judge, magistrate or diplomatic or consular officer before whom it was taken.
(4) It shall not be necessary in any case to prove the signature or official character of the person appearing to have signed any such deposition; and in any criminal proceeding, a certificate purporting to have been signed by the judge, magistrate or diplomatic or consular officer before whom the deposition was taken that the accused was present at the taking of the deposition shall, unless the contrary is proved, be sufficient evidence of the fact.

(5) Nothing in this section shall affect any case in which depositions taken in any proceedings are rendered admissible in evidence by any other written law.
Detention of Ship and Distress on Ship
415. Enforcing detention of ship

(1) Where, under this Act, a ship is to be, or may be detained, any commissioned officer on full pay in any of the armed forces of Nigeria, or any person in any of the armed forces in Nigeria generally or specifically authorised by this Act or by the Minister, may detain the ship.
(2) If, after detention of a ship under subsection (1) of this section or after service on the master of the ship of any notice or order for detention, the ship proceeds to sea before it is released by a competent authority, the master of the ship, the owner and any person who sends the ship to sea, (if that owner or person is party or privy to the master’s offence), commits an offence and on conviction shall be liable to a fine not less than five hundred thousand naira.
(3) Where a ship proceeds to sea without release as provided in subsection (1) of this section, and has on board any officer authorised to detain the ship or any surveyor or of- ficer appointed under this Act, or any officer of customs in the execution of his duty, the owner and master of the ship shall be deemed to have each committed an offence and in addition liable to pay all the expenses of, and incidental to, the officer or surveyor being so taken to sea, and they shall also be deemed to have committed an offence and on conviction shall be liable to a fine not less than fifty thousand naira, for every day until the officer or surveyor returns or until such time as would enable the officer after leaving the ship to return to the port from where he was taken, whichever is the greater; and the expenses ordered to be paid may be recovered in like manner as the fine.
(4) In addition to the penalty in subsection (1) of this section, the owner and master of a ship convicted of an offence under that subsection shall pay the expenses of, and incidental to, the taking of the officer or surveyor to sea.
(5) Where a ship is to be detained under this Act, the collector of customs shall refuse to grant port clearance; and in any other case authorising the detention of a ship, the collector of customs may refuse port clearance.
416. Notice to be given to consular officer where proceedings taken in respect of foreign ships
Where any foreign ship is detained under this Act, and proceedings are taken under this Act against the owner or master of the ship, notice shall immediately be given to 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, and such notice shall specify the grounds on which the ship has been detained or the proceedings have been taken.

417. Cost of detaining ship

Where a ship is held under any provision of this Act requiring detention until the happening of a certain event, the owner of the ship shall be liable to pay to the Federal Government the costs of and incidental to the detention and survey, if any, of the ship and those costs shall, without prejudice to any other remedy, be recoverable in the same manner as salvage is recoverable.

418. Sums ordered to be paid leviable by distress on ship

Where any court is empowered to make an order under this Act directing payment of any seaman’s wages, fines or other sums of money to be made and, if the party so directed to pay is the owner or master of a ship, and the payment is not made at the time or in the manner prescribed in the order, the court which made the order may, in addition to any other powers it may have for the purpose of compelling payment, direct the amount remaining unpaid to be levied by distress and sale of the ship, its tackle, furniture and equipment, and shall remit the case to the court for the levying of the said distress or sale.
Evidence and Service of Documents
419. Proof of attestation not required
Notwithstanding anything in any other Act or rule of law, where any document is required by this Act to be executed in the presence of, or to be attested by a witness, the document may be proved by the evidence of any person who is able to bear witness to the requisite facts, without calling the attesting witness.

420. Admissibility of documents in evidence
(1) Where a document is declared to be admissible in evidence, under this Act, the document shall on its production from proper custody, be admissible in evidence in any court or before any person that has the proper authority to receive evidence, and unless admission is refused on any other ground, shall be evidence of the matters stated therein in pursuance of this Act or by any officer in pursuance of his duties as such officer.
(2) A copy of any document referred to in this section or an extract from the document shall also be admissible in evidence if proved to be a copy or extract made from or compared with the original, or if it purports to be signed and certified as a true copy or extract by the officer to whose custody the original document was entrusted.
(3) Any person who has authority to receive evidence under this Act has the same powers as a court to impound any document to which this section applies, which bears a false or counterfeit seal, stamp or signature attached to it, and the restrictions which apply for the admission of secondary evidence shall have effect accordingly.
421. Service of documents
(1) Where, for the purposes of this Act, a document is to be served on any person, that document may be served-
(a) in any case, by delivering a copy of the document personally to the person to be served, or by leaving the same at his last place of abode;
(b) if the document is to be served on the master of a ship, where there is one, or on a person belonging to a ship, by leaving the document for him on board the ship with the person who is or appears to be, in command or charge of the ship;
(c) if the document is to be served on the master ofa ship, where there is no master, and the ship is within Nigeria, on the managing owner, of the ship, and if there is no managing owner, on an agent of the owner residing in Nigeria or where the agent is not known or cannot be found, by affixing a copy of the document in a conspicuous place in the ship.
(2) Any person who obstructs the service on the master of a ship of any document under the provisions of this Act relating to the detention of ships as unseaworthy, com- mits an offence and on conviction is liable to a fine not less than fifty thousand naira; and, ifthe owner or master of the ship is party or privy to the obstruction, he commits anoffence and on conviction is liable to a fine not less than one hundred thousand naira or to imprisonment for a term not exceeding one year, or both.
Protection of Officers, etc.

422. All officers, etc., deemed public officers
Any officer or other person appointed or authorised to act for any purpose under this Act, shall when acting for that purpose be deemed to be a public officer.

423. Protection of public officers
No suit shall be maintained against any public officer for or in respect of anything done or omitted to be done by the officer in good faith in the exercise or performance, or in the purported exercise or performance, of any power, authority or duty conferred or imposed on him under this Act.

Transmission of Documents
424. Notices, etc., in writing and provision for posting
(1) Any notice, authority, order, certificate, direction or other communication required or authorised by this Act to be given or made by the Minister to any person not being an officer appointed under this Act shall be given or made in writing.

(2) Where any notice or document is required by this Act to be transmitted or sent, the notice or document may be transmitted or sent by post.
Exemption of Certain Ships, etc.

425. Exemption of naval ships
Unless otherwise specially provided in this Act or by regulations under this Act, noth- ing in this Act shall apply to a ship which belongs to the Nigerian Navy or the Nigerian Naval Reserve or the Government.

426. Minister may exempt vessel, etc.

Subject to the provisions of any Convention which the Federal Government has ratified or to which that Government has acceded, in the case of a sea-going or near coastal trade ship, the Minister may, in his discretion and upon such conditions as he may think fit to impose, exempt any vessel or class of vessels, or any person or class of persons from any of the provisions of this Act.

PART XXIX
Investigations and Inquiries into Shipping Casualties
427. Power of Minister to appoint inspector, and powers of inspector
(1) Where a shipping casualty within the meaning of this Part of this Act occurs-
(a) the Minister may appoint a fit and proper person to hold a preliminary inquiry immediately after the incidence to inquire into the causes and reason for the occurrence and the person so appointed shall have all the powers of an inspector under this Act;

(b) the person appointed to hold a preliminary inquiry under subsection

(1) of this section shall not later than fourteen days after the conclusion of the hearing, report his findings to the Minister.

(2) An inspector who is authorised to, and any person having the powers of an inspector may-
(a) go on board any ship and inspect the same or any part of the ship, or any machinery, boats, equipment or articles on board the ship to which the provisions of this Act apply, not unnecessarily detaining or delaying it from proceeding on any voyage;

(b) enter and inspect any premises in pursuance of an inquiry under this section;

(c) by summons under his hand, require the attendance of person he thinks fit to call before him and examine that person for the purpose of his report and may require answers or returns to any inquiries he thinks fit to make;

(d) require and enforce the production of all books, papers or documents which he considers important for the purpose of his report.

428. Marine Boards

(1) The Minister may from time to time by Order constitute a Board having a magistrate as president (in this Act referred to as “the Marine Board”) to make formal investigations into any casualty in respect of which reports have been submitted to the Minister or to inquire into charges of incompetency or misconduct on the part of any officer of a ship.
(2) The Marine Board shall, when holding any formal investigation into matters referred to the Board by the Minister, sit with one or more assessors of nautical, engineer- ing, or other special skill or knowledge.
(3) The assessors shall be appointed out of a list of persons for the time being approved for the purpose by the Minister.
(4) The decision of the president shall be the decision of the Marine Board but the president may if he thinks fit require the assessors to join in the report, and if an assessor refuses or dissents, the assessor shall give his reasons in writing to the Minister.
(5) The list of persons approved as assessors shall be in force for three years only; but persons whose names are on any such list may be approved for any subsequent list, and the Minister may at any time amend the list.
(6) Where a formal investigation involves or appears likely to involve the cancelling or suspension of the certificate of a master, mate, or engineer, the Marine Board shall sit with not less than two assessors having experience in the merchant service.

(7) A person who applies for and obtains a formal investigation, shall superintend the management of the case and give such assistance to the Marine Board as the Board may require
(8) An assessor shall, if he is not a member of the public service, be paid such sums as the Minister after consultation with the Minister charged with responsibility for Finance, may approve or direct for each day that the Marine Board sits.
(9) Where a Marine Board holds a formal investigation, it shall be deemed to be a court of summary jurisdiction and for such purpose shall have and may exercise all the powers of a magistrates’ court.
(10) The Minister may if, he thinks it fit to do so, before appointing any person as president of the Marine Board, consult with the Chief Justice of Nigeria, but the question as to whatever and ifany consultation was held shall not be inquired into by any person.

429. Shipping casualties
(1) For the purposes of an investigation under this Part of this Act, a casualty shall be deemed to occur-
(a) when any ship is lost, abandoned or materially damaged on or near the coasts of Nigeria; or
(b) when any ship causes loss or material damage to any other ship on or near the coasts of Nigeria; or
(c) when any loss of life ensues by reason of any casualty happening to or on board any ship, on or near the coasts of Nigeria; or
(d) when, in any place, any such loss, abandonment, material damage or casualty as mentioned in paragraphs (a), (b) and (c) of this subsection occurs, and any witness is found in Nigeria; or
(e) when any ship has been stranded or damaged, in any place, and a witness is found in Nigeria; or
(f) when any ship has been lost, or is supposed to have been lost, and any evidence is obtainable in Nigeria as to the circumstances in which the ship proceeded to sea or was last heard of.
(2) ` The Marine Board may, in any of the following cases-
(a) where a casualty occurs to a ship on or near the coasts of Nigeria, or to any ship in the course of a voyage to Nigeria;
(b) where a casualty occurs in any part of the world to a Nigerian ship;
(c) where some of the crew of a ship to which a casualty has occurred, and who are competent witnesses to the facts, are found in Nigeria;
(d) where the incompetency or misconduct has occurred on board a ship on or near the coasts of Nigeria, or on board any ship in the course of a voyage to Nigeria;
(e) where the incompetency or misconduct has occurred on board a Nigerian ship;
(f) where any officer of a ship who is charged with incompetency or misconduct on board that ship is found in Nigeria,
make investigation respecting the casualty and may hear and inquire into any such charge of incompetency or misconduct; and for that purpose the matter in question shall be deemed to be within the ordinary jurisdiction of a magistrate’s court, and the president shall have all the powers of an inspector under this Act.
(3) An inquiry shall not be held into any matter which has once been the subject of an investigation or inquiry, other than a preliminary inquiry, and has been decided on by a competent court or tribunal in Nigeria or elsewhere, or in respect of which the certificate of any officer of a ship has been cancelled or suspended by a court of competent jurisdiction.
430. Grounds for cancellation or suspension of certificate
(1) The Marine Board may cancel or suspend the certificate of any officer of a Nigerian ship-
(a) if the Marine Board finds that the loss or abandonment of, serious damage to, any ship, or loss of l was caused by the officer’s wrongful act or default; or
(b) if the Marine Board finds that the officer is incompetent, or has been guilty of any gross act of misconduct, drunkenness or tyranny, or that, in case of collision, the officer has to render such assistance or give such information as is required by this Act.
(2) Where any case before the Marine Board involves a question as to the cancellation or suspension of a certificate, the Board shall, at the conclusion of the case or as soon afterwards as possible, state in open court the decision to which it has come with respect to the cancellation or suspension of the certificate.
(3) Any officer of a Nigerian ship whose certificate is cancelled or suspended in pursuance of this Act shall, on the demand of the Marine Board or, if it is not demanded by that Board, deliver the certificate to the Minister or to such other person as the Minister directs.
(4) Any officer who fails to deliver his cancelled certificate as provided under sub- section (1) of this section, commits an offence and on conviction is liable to a fine not less than fifty thousand naira.
(5) The Marine Board shall, in all cases, send a full report of the case with the evidence to the Minister, and shall, where it determines to cancel or suspend any certificate, send the certificate cancelled or suspended to the authority by whom the certificate was granted.
(6) A certificate shall not be cancelled or suspended by the Marine Board under this section unless the holder of the certificate is furnished with a copy of the report or a statement of the case on which the investigation or inquiry was ordered at the commencement of the investigation or inquiry.
431. Appeal to court
(1) An appeal shall lie from a decision of the Marine Board to the court in the case of an investigation into the conduct of a holder of a certificate of competency granted under this Act.

(2) The court in its discretion may determine the case or remit the case for re-hearing generally or in part to the Marine Board.
(3) The court shall remit a case-
(a) if any new and important evidence which was not produced at the investigation or enquiry is discovered; or

(b) if for any other reason there is ground for suspecting that a miscarriage of justice has occurred.
(4) Subject to the terms of any order of the court, where no application for re-hearing is made or a re-hearing is refused, the former holder of the certificate of competency may apply to the Minister and the Minister in his discretion may direct the re-issue and return of the certificate, or may direct the grant of another certificate of the same or a lower grade.
432. Further powers of Marine Board
In the exercise of its powers under this Act the Marine Board may-
(a) remove the master of a ship if the removal is shown to the satisfaction of the Board to be necessary whether or not on the application of the owner of the ship or his agent or of the charterer or of any certificated mate or of one-third or more of the crew of the ship;
(b) appoint a new master in place of the one removed, but the appointment shall not be made without the consent of the owner, agent or charterer if within the jurisdiction of the Marine Board.
Board of Survey
433. Board of Survey
(1) Subject to the provisions of this Part of this Act as to the powers of a Marine Board, the Minister may from time to time by notice in the Gazette appoint a committee to be known as a Board of Survey, which shall consist of not more than five or less than three members one of whom shall be a legal practitioner of not less than ten years’ post call with experience in maritime practice and who shall be chairman of the Board.
(2) Members, other than the chairman, shall be masters of sea-going Nigerian ships or persons having special skills or knowledge in merchant shipping to the satisfaction of the Minister.
(3) A Board of Survey shall consider such other cases involving the survey of ships as the Minister may from time to time, refer to it and when sitting to consider any such case referred to it, the Board shall be deemed to be a court having jurisdiction for the purpose, and accordingly-
(a) the hearing shall be open to the public;
(b) every member of the Board shall have the powers of an inspector under this Act;
(c) the Board may order the ship to be surveyed; and the Board or a majority of members may appoint a fit and proper person to make the survey and report to the Board;
(d) the Board shall have and may exercise the same powers as the Minister, as to the release of a ship;

(e) the Board may if the majority thinks fit, order the final detention of a ship;
(f) the owner, or agent as the case may be and the master of the ship or the representative of any such persons may attend any inspection or survey to be made;
(g) the Board shall have the powers of a court to make any order it thinks fit as to costs of inquiry or survey under this section.
(4) If costs are awarded under the powers conferred by this section, the costs shall be recoverable in the same manner as a civil debt; and for this purpose the Chairman may certify the award and when certified it may be filed without payment of any fee in the nearest magistrate’s court.
(5) If an award is filed, the costs shall be deemed to have been awarded in respect of a claim within the civil jurisdiction of a magistrate and the rules of the magistrate’s court shall be read with all amendments necessary to give effect to this section.
(6) Nothing in this Part of this Act shall be construed as affecting the admiralty
jurisdiction of a court in any way.

Scientific Referees

434. Reference in difficult cases to scientific persons

(1) If the Minister is of the opinion that an appeal to him to appoint a Board of Sur- vey involves a question of construction or design, or of scientific difficulty or important principle, the Minister may refer the matter to one or more scientific referees who appear to him to possess the special qualifications necessary for the particular case.
(2) A referee may be selected by an agreement between the Minister and the appellant, or in default of an agreement, by the Minister and the appeal shall be determined by a referee rather than by the Board of Survey.
(3) If an appellant in any appeal requires the Minister to, and gives security to the satisfaction of the Minister to pay the costs of and incidental to a reference, the Minister shall refer the appeal to a referee selected as provided in subsection (2) of this section.
PART XXX
Subsidiary Legislation
435. General power to make regulations

Without prejudice to any other power to make regulations conferred upon the Minister by this Act, the Minister may make regulations generally for carrying into effect, the provisions of this Act and may by regulations provide for-
(a) anything which is required to be, or may be, prescribed under this Act;
(b) the carriage of passengers and cargo and the keeping and transmission of lists relating thereto;

(c) the qualifications for officers, able seamen and ship’s cooks, and the issue of certificates of competency in respect thereof;

(d) the manning of ships with certified officers, able seamen and ship’s cooks, and the keeping and transmission of lists of the crews;
(e) the manning and survey of fishing vessels;
(f) the engagement and discharge outside Nigeria of seamen for and of Nigerian ships;
(g) the dealing with, accounting for and disposal of the property of deceased sea- men and apprentices on Nigerian ships in cases to which section 166 of this Act does not apply;
(h) the dealing with, accounting for and disposal of the property of seamen and apprentices left behind outside Nigeria;
(i) the making of complaints by seamen and apprentices when outside Nigeria;
(j) the operation of schools of navigation;

(k) the operation by the Government of the Federation or a State of cargo and passenger ships, and the insurance by the Government of the Federation of cargo;
(l) the control of foreign-going pleasure yachts;

(m) the control of pleasure boats;
(n) the control of vessels operating within Nigeria (other than naval vessels of the Government of the Federation, or of the Government of any part of the Commonwealth, or of a foreign Government) for which the Minister is satisfied that no other adequate provision has been made in this Act or by other written law, or which has been generally or partially exempted from the provisions of this Act;

(0) the procedure to be followed in any preliminary inquiry or by a Marine Board under Part XXIX;
(P) the classification of coastal trade and inland waters ships, either in relation to the seaworthiness of such ships or the manning thereof, restricting the area within which any class of such ships may ply;
(q) fees, including stamp duty and other charges;
(r) documents and forms and their exemption from stamp duty;
(s) the prevention of pollution, by oil, of navigable waters;
(t) the construction of ships’ gangways;
(u) the prohibition or restriction of navigation in any waters over which the Gov- ernment of the Federation has control.
436. General powers of exemption

Without prejudice to any other powers conferred on the Minister by the provisions of this Act or by any regulations made under this Act, the Minister may, subject to such conditions, if any as he thinks fit to impose, by order exempt any ship or class or description of ships from any specific requirement contained in or prescribed under this Act, if he is satisfied that the requirement has been substantially complied with or that compliance is unnecessary in the circumstances of the case.

437. Applicable Conventions, etc.
The Minister shall from time to time by Notice, publish the International Conventions relating to maritime matters including amendments to and replacements of the Conventions and other International Instruments which apply to Nigeria, the reservations if any, entered on by Nigeria on the Conventions as well as those International Conventions, including amendments to and replacements of the Conventions and other International Instruments which cease to apply to Nigeria.

438. Penalties in subsidiary legislation

Subject to the provisions of this Act, any subsidiary legislation made or deemed to have been made under this Act may provide penalties for the contravention of the sub- sidiary legislation.
439. Applied legislation
(1) The subsidiary legislation contained in the First Schedule to this Act to the extent only to which it is in force on the commencement of this Part of this Act and anything to the contrary in the Interpretation Act or any other Act notwithstanding, shall be deemed to have been made under this Act and have effect accordingly.

[First Schedule. Cap. 123.]
(2) The subsidiary legislation shall be read subject to such alterations therein as local circumstances render necessary and to any variations, revocations or suspensions made by subsidiary legislation under the appropriate provisions of this Act.
(3) The Minister may, from time to time, by Order amend the First Schedule to this Act.
(4) For the avoidance of doubt, references in any applied subsidiary legislation to “seaplanes” shall, unless the context otherwise requires, be construed as references to “aircraft” under this Act.

PART XXXI

Repeals and Transition Repeals, etc.

440. Repeal of Cap. 224 L.F.N. 1990

The Merchant Shipping Act, 1990 is hereby repealed.

441. Consequential amendments
(1) Reference in any other Act or written law to the Shipping Laws or any subsidiary legislation made thereunder shall, unless the context otherwise requires, be construed as references to the same or similar provisions of this Act or, as the case may be, of any subsidiary legislation made or deemed to be made thereunder or therefor.

(2) Unless the context otherwise requires, references in any other Act or written law to a ship registered in Nigeria shall be deemed to include references to a Nigerian li- censed ship.
(3) Unless the context otherwise requires, references in any other Act or written law to a British ship shall be construed as references to a Commonwealth ship other than a Nigerian ship.

442. Contravention of International Conventions
Where, in respect of any Nigerian ship, there is an International Convention or other International Instrument which applies to Nigeria and which the ship has contravened, the Agency may suspend the Certificate of Registration of the ship until the contravention is rectified.
Transitional Provisions
443. The Schedules
Any instrument which was issued, served or granted under any law which is repealed or which ceases to have effect by virtue of this Act shall, without prejudice to any power to amend the instrument, and subject to such modifications as may be necessary to bring it into conformity with this Act, continue in force until superseded, revoked or otherwise terminated, and shall be deemed to have been issued, served or granted under this Act.

444. Regulations for resolving transitional difficulties The Minister
may make regulations to provide-
(a) for resolving any difficulties that may arise out of the repeal by this Act of any such enactment;
(b) for the amendment or revocation of any regulation or any part of the regulation, made under any law repealed by this Act and remaining in force pursuant to this Part;
(c) for the continuance in force, subject to such conditions as may be prescribed, of any exemptions (whether or not based upon reciprocity with any other country) from the operation of any enactment repealed by this Act of this Act;
(d) generally, for effecting a due and orderly assimilation of the law relating to shipping throughout Nigeria in conformity with the purposes of this Act.
445. Interpretation
In this Act, unless the context otherwise requires-
“Agency” means the National Maritime Authority charged with the responsibility for Maritime Safety Administration or its successor;
“agreement” or “agreement with the crew” in relation to any ship or to any sea- man, means the agreement made between the master and the crew of the ship or as the case may be, of the ship to which the seaman belongs; and a ship is a ship for which an agreement with the crew is required, if the master is, by this Act or by the law of the country in which the ship is registered or to which it belongs, required to enter into an agreement with the members of the crew;
“aircraft” means any ship or vessel designed for flying but capable of being manoeuvered on water and a seaplane or any ship or vessel able to alight on or hover over water;
“appropriate officer” in relation to a function or activity means a person authorised to perform that function or activity and may include a consular officer;
“article of agreement” has the same meaning as agreement under this Act;
“barratry” includes every wrongful act wilfully committed by the master or crew to the prejudice of the owner or, as the case may be, the charterer of the ship;
“Board of Survey” means a Board of Survey appointed under this Act;

“cadet” means a person duly indentured as an apprentice to the sea service;
“cargo” includes livestock;
“cargo ship” means a ship which is not a passenger ship or a fishing vessels;
“certificate of survey” means a certificate of survey issued under this Act;
“clearance” means a clearance issued under the Customs and Excise Management Act, and includes a transire issued under that Act;
“coastal trade limit” means the west coast of Africa between Cape Verde in the north and the mount of the River Congo in the South;
“costal trade ship” means a ship which is authorised to ply within coastal trade limits;
“Collector of Customs” means the Board of Customs and Excise and includes the principal or other officer of customs for the time being at any port;
“collision rules” means the rules on collision made or deemed to have been made under this Act;
“Consolidated Revenue Fund” means the Consolidated Revenue Fund of the Federation;
“Consular Officer”, in relation to a foreign country, means a person recognised by the Government of Nigeria as a consular officer of the country;
“country to which the Load Line Convention applies” means-
(a) a country, the Government of which has been declared by the Minister by Order, to have ratified, or acceded to, the Load Line Convention, and which has not been so declared to have denounced the Convention; and

(b) a territory to which the Safety Convention has been declared to extend and to which it has not been declared that the Convention has ceased to extend;
“court” or “court of competent jurisdiction” means the Federal High Court or any court having particular jurisdiction for the purposes of this Act;
“crew” in relation to a ship means the captain and all other persons actually em- ployed in the working or service of the ship;

“dangerous goods” means goods which, by reason of their nature, quantity or mode of stowage, are liable, singularly or collectively, to endanger the lives of persons on or near any ship or to imperil any ship; harmful substances and any other goods which are declared, by rules made or deemed to have been made under this Act or by the Minister by regulation or notice in the Gazette to be dangerous goods for the purposes of this Act;

“deck line” means a mark on each side of a ship indicating the position of the upper- most complete deck, as defined by the load line rules;

“declaration of survey” means a declaration of survey made under this Act;
“desertion” means the absence of a seaman or cadet from his ship without leave for a period of forty-eight hours without lawful cause or excuse, or any unlawful departure from his ship with the intention of not returning to the ship;
“detaining officer” means a person authorised by the Minister to detain ships under this Act;
“effects” includes clothes and documents;
“fishing boat” means a ship or boat engaged in fishing for profit;

“foreign ship” means a ship, other than a Nigerian registered or licensed ship which is not owned wholly by persons qualified to own a registered Nigerian ship;

“freeboard” means, in the case of any ship which is marked with a deck line, the height from the water to the upper edge of the deck line, and, in the case of any other ship, the height amidships from the water to the upper edge of the deck from which the depth of hold as stated in the register is measured;

“freight” includes passage money and hire;

“go to sea” or “proceed to sea” includes the getting under way for the purpose of going to sea;

“gross tons”, or “gross tonnage”, in relation to any ship, means the tonnage of the ship determined in accordance with the tonnage regulations, without making the deduc- tions directed by those regulations to be made for the purpose of ascertaining registered tonnage;

“Federal Government” means the Government of the Federal Republic of Nigeria;

“inland waters ship” means a ship which is authorised only to ply within inland waters;
“inspector” means any inspector appointed for the purposes of this Act;

“international load line ship” means a load line ship of one hundred and fifty tons gross tonnage or more which carries cargo or passengers;

“international voyage” means a voyage from a port in one country to a port in another country; and “short international voyage” means an international voyage as so defmed in the course of which a ship is not more than two hundred nautical miles from a port or place in which passengers and crew could be placed in safety but no account shall be taken of any deviation by a ship from the ship’s intended voyage due solely to stress of weather or any other circumstances that the master or the owner or charterer, if any, of the ship could not have prevented or forestalled;

“legal personal representative” means any person, constituted executor, administrator or other representative of a deceased person by any probate, administration or other instrument;

“load lines” means the marks indicating the several maximum depths to which a ship is entitled to be loaded in various circumstances prescribed by the load line rules;

“Load Line Convention ship” means an international load line ship registered in or belonging to a country to which the Load Line Convention applies;

“load line rules” means rules made or deemed to have been made pursuant to the Merchant Shipping Load Lines Regulations as amended from time to time;

“local load line ship” means a load line ship which-

(a) is of less than one hundred and fifty tons gross tonnage; or
(b) does not carry cargo or passengers;
“Marine Board” means a Marine Board constituted under this Act;
“marine officer” means a deck or naval officer with the qualification of Class 1 Deck (Master Marine Certificate of Competency, covered by Chapter 11 of Standard Training Certification and Watch-keeping 1995 Convention);
“master” means any person, other than a pilot, having lawful command or charge of a ship;
“merchant ship” means any ship other than a fishing vessel or a naval vessel;

“Minister” means the Minister charged with responsibility for matters relating to Merchant Shipping; and “Ministry” has a corresponding meaning;
“motor ship” means a ship propelled by mechanical power other than steam;

“national colours” means the national colours of Nigeria;
“near coastal trade limits” means the west coast of Africa between Cape Verde in the north and the mouth of the River Congo in the South;
“near coastal trade ship” means a ship which is authorised to ply only within coastal trade limits;
“Nigerian citizen” means a Nigerian citizen as defined in the Constitution of Federal Republic of Nigeria, 1999;
[1999No.24.]
“Nigerian Government ship” means a ship which belongs to the Government of the Federation or, of a State; but does not include a ship which forms part of the Nigerian Navy;
“Nigerian licensed ship” means a ship licensed by virtue ofthis Act;

“Nigerian ship” means a ship-

(a) which is registered or licensed in Nigeria under this Act; or

(b) not exceeding eighty registered tonnage employed solely on the coasts or inland waters of Nigeria and exempted under this Act from being registered;
“officer”, when used in relation to a ship, means the master, mate or engineer of the ship, by whatever name called and whether certificated or not, and also any radio officer qualified in accordance with the radio rules;
“officer of customs” has the same meaning as the word “officer” in the Customs and Excise Management Act;

“owner” in relation to a ship includes a demise or bare boat charterer and a managing owner;
“passenger” means any person carried on a ship, other than-
(a) a person employed or engaged in any capacity on board the ship on the business of the ship;

(b) a person on board the ship in pursuance of an obligation laid upon the master to carry shipwrecked, distressed or other persons, or by reason of any circumstance that the master or owner or the charterer, if any, could not have prevented or forestalled; and
(c) a child under one year of age;
“passenger ship” means a ship which is constructed for or which is habitually or on any particular occasion used for, carrying more than twelve passengers;

“person in command”, in relation to any aircraft, means, in any case where a person other than the pilot in charge is in command, that person and in any other case, the pilot in charge;
“pilot”, in relation to any ship, means any person not belonging to the ship who has the conduct of the ship;
“pleasure yacht” means a ship, however propelled, used exclusively for pleasure and not for carrying passengers or cargo for hire or reward or for the transport or entertainment of lodgers at any institution, hotel, private hotel, boarding house, lodging house, guest house or other establishment;
“port” means a place for arriving, loading and unloading of ships and includes a harbour, piers jetty and lighter terminals;
“Port Health Officer” includes the Chief Medical Adviser of the Federation and any officer for the time being performing the duties of a Port Health Officer;

“port or place of registry”, in relation to any ship, means the port or place at which the ship is for the time being registered;

“proper return port”, in relation to a seaman or cadet discharged or left behind abroad, means-
(a) the port at which the seaman or cadet was taken on board; or
(b) a port in a country of which the seaman or cadet is a national; or
(c) a port agreed to as such by the seaman or cadet;

“radio navigational aid” means the radio apparatus on board a ship, being apparatus designed for the purpose of determining the position or directions of ships or other objects;

“radio rules” means the rules made or deemed to have been made under this Act;

“Radio Surveyor” means a Radio Surveyor appointed or recognised as such under this Act;

“Registrar” means the Registrar of Ships under this Act;
“sea-going ship” means a ship which is not a near coastal trade ship oran inland waters ship;
“safety certificate” means a safety certificate issued pursuant to this Act or a regulation made under this Act;
“Safety Convention” means the International Convention for the Safety of Life at Sea signed at London on the 18th day of November, 1974 and any protocol and amendment to or replacement of the Convention and any rules annexed to the Convention;

“Safety Convention Certificate” means any safety certificate issued in accordance with the Safety Convention;
“Safety Convention ship” means a ship registered in or belonging to a country to which the Safety Convention applies, being a ship that is subject to the provisions of the Safety Convention;
“sailing ship” means a ship propelled solely by sails;
“salvage” includes all expenses properly incurred by the salvor in the performance of salvage services;
“scientific referee” means an expert appointed by the Minister to provide specialist opinion on scientific matters when in doubt;
“seaman” means any person (except a master, pilot or cadet, or a person temporarily employed on the ship while in port) employed or engaged in any capacity on board any ship;

“ship” means a vessel of any type whatsoever not permanently attached to the sea- bed, including dynamically supported craft, submersibles of any other floating craft which shall include but not limited to Floating Production Storage and Offloading (FPSO) platform as well as Floating Storage and Offloading (FSO) platform;

“Ship Registry” means the Central Ship Registry and such other places as the Minister may by notice in Gazette designate as places for the registration of Nigerian ships;

“Superintendent or Superintendent Officer” means an officer appointed to take charge of the Seafarer Services Office and subject to the provisions of subsection (3) of section 91 of this Act, includes any officer appointed under subsection (2) of that section;
“Surveyor of Ships” means a Surveyor of Ships appointed under or recognised as such by this Act;

“tackle” means in relation to a vessel, the tackle, machinery, gear, apparatus and appliances used on board a ship for loading and unloading the ship;
“tidal water” means any part of the sea, or of a river within the ebb and flow of the tide at ordinary spring tides;
“ton”, “registered ton”, “tonnage” or “registered tonnage” means the registered tonnage of the ship calculated in accordance with the Tonnage Regulations;
“vessel” means anything constructed or used for carriage on, through or under water of persons or goods and includes a hovercraft and aircraft when waterborne;

“wreck” includes-

(a) flotsam, jetsam and derelict found in the waters or on the shores of Nigeria;
(b) cargo, stores, tackle or equipment;
(c) the personal property of shipwrecked persons; and
(d) any wrecked aircraft or any part of the aircraft.

(2) In this Act any reference to a ship built or constructed before or after any date shall be construed as a reference to a ship the keel of which has been laid before or after that date, as the case may be.

446. Short title

This Act may be cited as the Merchant Shipping Act, 2007.
SCHEDULES FIRST

SCHEDULE [Section 2 (1).]

Home trade limits

HOME TRADE LIMITS means the west coast of Africa between Cape Verde in the north and the mouth of the River Congo in the south.
SECOND SCHEDULE [Section 40.]
Provisions applicable where seaman or apprentice is left behind abroad by reason of desertion or absence without leave
( 1) The master of the ship shall-

(a) as soon as may be, enter in the official log book a statement of the effects left on board by the seaman or apprentice and of the amount due to the seaman or apprentice on account of wages at the time he was left behind; and
(b) on the termination of the voyage during which the seaman or apprentice was left behind, furnish to the proper officer within 48 hours after the arrival of the ship at the port at which the voyage terminates, accounts in a form approved by the Minister; one, of the wages and effects, and the other, of any expenses caused to the master or owner of the ship, by the absence of the seamen or apprentice by reason of any offence and if required by the proper officer, furnish such vouchers as may be reasonably required to verify the accounts.
(2) The master of the ship shall deliver to the proper officer the effects of the seaman or apprentice as shown in the delivery account, and subject to any deductions allowed under this Schedule, the amount due on account of wages as shown in that account, and the officer shall give to the master a receipt, in a form approved by the Minister, for any effects or amount so delivered.
(3) (a)The master of the ship shall be entitled to be reimbursed out of the wages or effects any sums shown in the reimbursement account which appear to the proper officer or, in the case of an appeal under this paragraph, to a court of competent jurisdiction to be properly chargeable, and for that purpose the officer or, if necessary, in the case of an appeal, the Minister, shall allow those sums to be deducted from the amount due on account of wages shown in the delivery account, and, so far as that amount is not sufficient, to be repaid to the master out of the effects.
(b) The proper officer, before allowing any sums to be deducted or repaid under this paragraph, may require such evidence as he thinks fit as to the sums being properly chargeable to be given by the master of the ship, either by statutory declaration or otherwise.
(c) Where the master of a ship whose voyage terminates in Nigeria is aggrieved by the decision of the proper officer as to the sums to be allowed as properly chargeable on his reimbursement account, and the amount in dispute exceeds twenty naira, he may appeal from the decision of the proper officer to a court.

(4) Where during the voyage of a ship two or more seamen or apprentices have been left behind by reason of any offence, the delivery and reimbursement accounts furnished as respects each seamen of apprentice may at the option of the master of the ship be dealt with, as between him and the proper officer, collectively instead of individually, and in that case, the master of the ship shall be entitled to be reimbursed out of the total amount of the wages and effects of the seamen or apprentices left behind, the total of the amounts allowed under this paragraph as properly chargeable on the reimbursement accounts, and shall be required to deliver to the proper officer on account of wages only the sum by which the total of the amount shown on the delivery accounts to be due on account of wages exceeds the total of the amounts allowed as properly chargeable on the reimbursement accounts.
(5) The proper officer shall (subject to any repayment made under this Schedule) remit the effects, and any amount received by him on account of wages under this section, at such time and in such manner as the Minister may require, and shall render such accounts in respect thereof as the Minister may direct.
(6) In this Schedule, the expression “effects” includes the proceeds of any sale of the effects if the effects are sold under this Schedule; and the effects shall be sold by the proper officer in such manner as he thinks fit when they are delivered to him, unless the Minister directs to the contrary, and, if not so sold, shall be sold by the Minister as and when he thinks fit unless they are delivered to the seaman or apprentice.
(7) The master shall be under no liability for any loss of effects or for any damages to the effects if he proves to the proper officer that the loss or damage occurred without his neglect or privity after the seaman or apprentice left the ship.
(8) The Minister shall not be under any liability with respect to anything done under this Schedule, except that, if, after the wages or effects of a seaman or apprentice have been dealt with under this Schedule, any legal proceedings are taken in respect of those wages or effects, or involving the forfeiture of those wages or effects, or of any sum out of the wages, by the seaman or apprentice against the master or owner of the ship, or by the master or owner of the ship against the seaman or apprentice, the Minister shall, if notice is given to him of the proceedings, and a reasonable opportunity afforded to him of appearing, comply with any order of the court made as respects the wages or effects, so far as he can do so out of the wages and effects remitted to him in respect of the voyage of the ship, and, so far as those wages or effects are not required for reimbursing any expenses incurred by or on behalf of the Government of the Federation or incurred by the government of a foreign country and repaid to that government by or on behalf of the Government of the Federation as expenses of a distressed seaman or apprentice on behalf of the seaman or apprentice.
(9) The Minister shall be entitled to appear and be heard in any such proceedings by any of his officers, and for the purpose of this Schedule, notice to any Superintendent shall be deemed to be notice to the Minister.

(10) The Minister may, if and so far as he thinks fit, meet any claim made by a seaman or apprentice against the master or owner of the ship in respect of any wages or effects dealt with under this Schedule, although legal proceedings are not actually taken in respect thereof, provided that he has given notice to the master or the owner of the ship, and the master or owner has not been given written notice of objection within ten days of the notice being given.

(11) For the purposes of this paragraph, any legal proceedings taken or any claim made by a person in whose favour an allotment note has been made, or who claims reimbursement of expenses, shall be treated as proceedings taken or a claim made by the seaman or apprentice.
(12) Any sums remitted under this Schedule, or arising from the sale of effects under this Schedule, shall be paid into the Consolidated Revenue Fund, and any sums payable by the Minister under this Schedule shall be paid out of moneys provided by National Assembly.
(13) If the master of a ship fails without reasonable cause to comply with any of the provisions of this Schedule he shall (without prejudice to any other liability) be guilty of an offence and on conviction shall be liable to a fine not exceeding forty naira; and if he delivers a false account or makes a false statement or representation for the purposes of this Schedule, he shall be guilty of an offence and on conviction shall be liable to a fine not exceeding N1 ,000 or to imprisonment for a term not exceeding two years, or both.

(14) This Schedule shall not apply in the case of an absent seaman or apprentice-
(a) where the master of the ship satisfies the proper officer that none of the effects of the seaman or apprentice has to his knowledge been left on board the ship, and that he has paid all wages due to the seaman or apprentice; or
(b) where the amount of wages earned by the seaman or apprentice (after taking into account any deductions made in respect of allotments or advances for which provision is made by the agreement with the crew) appears from the agreement to be less than ten naira, and the master does not exercise his option to deal with the delivery and reimbursement accounts collectively; or
(c) where the master of the ship satisfies the proper officer that the net amount due to the seaman or apprentice on account of wages (after taking into account any deductions lawfully made in respect of allotments, advances or otherwise) is less than six naira, and the master does not exercise his option to deal with the delivery and reimbursement accounts collectively; or
(d) where the question of the forfeiture of the wages and effects of the seaman or apprentice has been dealt with in legal proceedings lawfully instituted before the termination of the voyage, or within 48 hours of the arrival of the ship at the port at which the voyage terminates.
THIRD SCHEDULE
[Section 409.] APPLIED SUBSIDIARY LEGALISATION
United Kingdom Subsidiary Legislation PART I
Masters and seamen
Relevant section of this Act
1. Regulations as to Distressed Seamen (S.R. and O. 1921/642) ………………. 45
2. Distressed Seamen (Amendment) Regulations 1943 (S.R. and O. 1943/642) 45
3. Distressed Seamen (Amendment) Regulations, 1952 (S.1. 1952/989) ….. 45
4. Merchant Shipping Medical Scales Order, 1953 (S.1. 1953/998) …………. 97
5. Merchant Shipping Medical Scales (Amendment) Order 1953 (S.1. 1953/1446) 97
6. Merchant Shipping Medical Scales (Amendment) Order, 1955 (S.1.195511157)97
PART II
Construction, equipment and survey
Relevant section of this Act
7. Merchant Shipping (Construction) Rules, 1952 (S.1. 1952/1948) ………144
8. Merchant Shipping (Fire Appliances) Rules, 1952 (S.1. 195211950) …..153
9. Merchant Shipping (Musters) Rules, 1952 (S.1. 195211951) …………….153
10. Merchant Shipping (Pilot Ladders) Rules, 1952 (S.1. 1952/1952) ………153
11. Merchant Shipping (Life-Saving Appliances) Rules, 1958 (S.1. 1958/602) …………………………………………………………………………………………………………153
12. Merchant Shipping (Life-Saving Appliances) (Amendment) Rules, 1959 (S.1. 1959/978) …………………………………………………………………………………… 153
13. Merchant Shipping (Radio) Rules, 1952 (S.1. 1952/1956) ………………….159
14. Merchant Shipping (Direction Finders) Rules, 1952 (S.1. 1952/1957) …160
15. Merchant Shipping (Accepted Safety Convention Certificates) Regulations, 1952 (S.1. 1952/1954) ……………………………………………………………………………………..180(1)
16. Merchant Shipping (Closing of Openings in Hulls and Watertight Bulkheads) Rules 1952 (S.1. 1952/1953) …………………………………………………………………. 186

PART III
Load Lines and loading
17. Load Line Rules, 1959 (S.1. 1959/2238) ………………………………………….20 1
18. Load Line (Particulars of Depth of Loading, etc.) Rules, 1932 (S.R. and O. 19321108) ……………………………………………………………………………………. 210(3)
19. Merchant Shipping (Load Line Convention Certificates Validity) Regulations, 1932 216 and (S.R. and O. 1932/921)……………………………226
20. Timber Cargo Regulations, 1958 (S.1. 1958/621) ……………………………..225
2 1. Collision Regulations (Ships and Seaplanes on the Water) and signals of Distress 230 and (Ships) Order, 1953 (S.1. I 953/1557) …………………………… 237
22. Merchant Shipping (Signals of Distress) Rules, 1954 (S.1. 1954/105) ….237
23. Merchant Shipping (Distress Messages and Navigational Warnings) Rules, 1932 (S.R. and O. 1932/1036) ……………………………………………………………… 240
24. Merchant Shipping (Navigational Warnings) Rules, 1954 (S.1. 1954/104) 240
25. Merchant Shipping (Dangerous Goods) Rules, 1952 (S.1. 1952/1977) … 251
26. Merchant Shipping (Grain) Rules, 1952 (S.1. 1952/1959) ……………….253 (3)

PART IV
Registration of shipping
Relevant section of this Act
27. Merchant Shipping (Registration of Federation of Nigeria Government Ships)
Order, 1957 (S.1. 1957/1878)………………………………………………306 (2)

FOURTH SCHEDULE

[Section 412.]
REPEALS

Chapter or Short title Extent of
Cap 40

Cap 190 of 1948

Cap. No.34 of 1958.

No.37 of 1959 Desertion from Ships Act

Shipping and Navigation Act

Wrecks and Salvage Act

Shipping and Navigation (Amendment) (Deck Passengers) Act 1958

Shipping and Navigation (Amendment) Act, 1959 The whole Act

The whole Act

The whole

The whole Act

MERCHANT SHIPPING ACT
SUBSIDIARY LEGISLATION
List of Subsidiary Legislation
1. Merchant Shipping (Wrecks and Salvage) Regulations.
2. Merchant Shipping (Restricted Commencement) Notice.
3. Merchant Shipping (Crew Accommodation) Regulations.
4. Merchant Shipping (Accepted Load Line Convention Certificates) Order.
List of Subsidiary Legislation-continued
5. Merchant Shipping (Medical Scales) Regulations.
6. Merchant Shipping (Currency equivalent on limitation of liability) Order.
7. Merchant Shipping (Recognition of Schools of Nautical Cookery) Regulations.
8. Merchant Shipping (Marine Boards) Regulations.
9. Merchant Shipping (Receiver of Wreck and Assistant Receivers of Wreck) (Appointment) Notice.
10. Merchant Shipping (Board of Survey) Regulations. 11. Merchant Shipping (Direction-Finders) Rules.
11. Merchant Shipping (Timber Cargo) Rules.
12. Merchant Shipping (Pilot Ladders) Rules.
13. Merchant Shipping (Life-Saving Appliances) Rules.
14. Merchant Shipping (Musters) Rules.
15. Merchant Shipping (Load Line) Rules.
16. Merchant Shipping (Tonnage) Regulations.
17. Merchant Shipping (Radio) Rules.
18. Merchant Shipping (Collision) Rules.
19. Merchant Shipping (Fees) Regulations.
20. Merchant Shipping (Conferment of Jurisdiction) Order.
21. Merchant Shipping (Certificate Holders Inquiries) Regulations.
22. Merchant Shipping (Disqualification of Holder of Seafarer’s Certificates) Regulations.
23. Merchant Shipping (Health Protection and Medical Care for Seafarers) Regulations.
24. Merchant Shipping (Manning) Regulations.
25. Merchant Shipping (Medical Examination of Seafarers) Regulations.
26. Merchant Shipping (Safe Manning, Hours of Work and Watchkeeping) Regulations.
27. Merchant Shipping (Training and Certification of Seafarers) Regulations.
28. Merchant Shipping (Training Institutions) Regulations.
29. Merchant Shipping (Delegation of Powers) Notice.

MERCHANT SHIPPING (WRECKS AND SALVAGE) REGULATIONS
ARRANGEMENT OF REGULATIONS

REGULATION

1. Short title.

2. Interpretation.
3. Notice of investigation.
4. Parties to the proceedings.
5. Right to appear.
6. Notice to produce.
7. Notice to admit.
REGULATION
8. Affidavits.
9. Procedure in court.
10 .Examination of witnesses. 11. Questions in reference.
11. Determination of question so stated.
12. Address.
13. Adjournment of investigation.
14. Decision of the court.
15. Costs.
16. Report.
17. Copy of the report.
18. Computation of time.
19. Service of notice.
20. Proof of service.
21. Allowances to witnesses.
22. Publication of Regulations.

SCHEDULE
MERCHANT SHIPPING (WRECKS AND SALVAGE) REGULATIONS
[Regulations 4 of 1922. L.N. 67 of 1955. 107 of 1955.]
under section 408

[ 1922]

[Commencement.]

1. Short title

These Regulations may be cited as the Merchant Shipping (Wrecks and Salvage) Regulations.
2. Interpretation

In these Regulations, unless the context otherwise requires-

“investigation” means a formal investigation into a shipping casualty.

3. Notice of investigation

When an investigation has been ordered, the President may cause a notice, to be called a notice of investigation, to be served upon the owner, master, and officers of the ship, as well as upon any person who in his opinion ought to be served with such notice. The notice shall contain a statement of the questions which on the information then in possession of the President, will be raised on the hearing of the investigation, and shall be in the Form A in the Schedule with such variations as circumstances may require. The Merchant Shipping Act President may, at any time before the hearing of the investigation, by a subsequent notice, amend, add to, or omit any of the questions specified in the notice of investigation.

[Schedule. Form A.]

4. Parties to the proceedings

The Government Marine Officer, and any certificated officer upon whom a notice of investigation has been served, shall be deemed to be parties to the proceedings.
5. Right to appear

Any other person upon whom a notice of investigation has been served, and any person who shows that he has an interest in the investigation shall have a right to appear; any other person may, by leave of the court, appear; and any person who appears under this rule shall thereupon become a party to the proceedings.
6. Notice to produce

A party may give to any other party notice in writing to produce any documents (saving all just exceptions) relating to the matters in difference between them, which are in the possession or under the control of such other party; and, if the notice is not complied with, secondary evidence of the contents of the documents may be given by the party who gave the notice.
7. Notice to admit

A party may give to any other party notice in writing to admit any documents (saving all just exceptions) and, in case of neglect or refusal to admit after such notice, the party so neglecting or refusing shall be liable for all the costs of proving the documents, what- ever may be the result, unless the court is of opinion that the refusal to admit was reasonable; and no cost of proving any document shall be allowed unless such notice has been given, except where the omission to give the notice has, in the opinion of the court, caused a saving of expense.

8. Affidavits

Affidavits may, by permission of the court, be used as evidence at the hearing.

9. Procedure in court
At the time and place appointed for holding the investigation the court may proceed with the investigation whether the parties, upon whom a notice of investigation has been served, or any of them, are present or not.

10. Examination of witnesses
The proceedings on the investigation shall commence with the production and examination of witnesses by the Government Marine Officer. These witnesses, after being examined on behalf of the Government Marine Officer, may be cross-examined by the parties in such order as the court may direct, and may then be re-examined on behalf of the Government Marine Officer. Questions asked, and documents tendered as evidence in the course of the examination of these witnesses, shall not be open to objection merely on the ground that they do or may raise questions which are not contained in, or which vary from, the statement of the case, or questions specified in the notice of investigation.

[L.N. 67 of 1955.]
11. Questions in reference
When the examination of witnesses produced by the Government Marine Officer has been concluded, the Government Marine Officer shall state in open court the questions in reference to the casualty, and the conduct of the certificated officers, or other persons connected therewith, upon which the opinion of the court is desired. In framing the questions for the opinion of the court, the Government Marine Officer may make such modifications in, additions to, or omissions from the questions in the notice of investigation as, having regard to the evidence which has been given, he may think fit.

[L.N. 67 of 1955.]

12. Determination of question so stated
After the questions for the opinion of the court have been stated, the court shall proceed to hear the parties to the investigation, and determine upon the questions so stated. Each party to the investigation shall be entitled to address the court and produce witnesses, or recall any of the witnesses who have already been examined for further examination, and generally adduce evidence. The parties shall be heard and their witnesses examined, cross-examined and re-examined in such order as the court shall direct; the Government Marine Officer may also produce and examine further witnesses who may be cross-examined by the parties, and re-examined by the Government Marine Officer.

13. Address

When the whole of the evidence in relation to the questions for the opinion of the court has been concluded, any of the parties who desire so to do may address the court upon the evidence, and the Government Marine Officer may address the court in reply upon the whole case.

14. Adjournment of investigation

The court may adjourn the investigation from time to time and from place to place, and where an adjournment is asked for by a party to the investigation or by the Govern- ment Marine Officer the court may impose such terms as to the payment of costs or otherwise as it may think just as a condition of granting the adjournment.

[L.N. 67 of 1955.]

15. Decision of the court
Except where the certificate of an officer is cancelled or suspended, in which case the decision shall always be given in open court, the court may deliver its decision either viva voce or in writing, and if in writing, it may be sent or delivered to the parties. In the latter case it shall not be necessary to hold a court merely for the purpose of delivering the decision of the court.
16. Costs
The court may order the costs and expenses of the investigation, or any part thereof, to be paid by the Government Marine Officer or by any other party. An order for payment of costs shall be in the Form B in the Schedule, with such variations as circum- stances may require.

[Schedule.]

17. Report
At the conclusion of the investigation the court shall report to the President. The re- port, which shall be in duplicate, shalI be in the Form C in the Schedule, with such modi- fications as circumstances may require. The said report shall be published in the Federal Gazette.

[Schedule.]

18. Copy of the report

Where the certificate of a master, mate, or engineer has been cancelled or suspended, the Government Marine Officer shall, on application by any party to the proceedings, give him a copy of the report.

19. Computation of time

In computing the number of days within which any act is to be done, they shall be reckoned exclusive of the first and inclusive of the last day, unless the last day shalI hap- pen to falI on a Sunday or public holiday, in which case the time shall be reckoned exclu- sive of that day also.

20. Service of notices

Any notice, summons or other document issued under these Regulations may be served by sending the same by registered letter to the address of the person to be served.
21. Proof of service
The service of any notice, summons, or other document may be proved by the oath or affidavit of the person by whom it was served.

22. Allowances to witnesses
All witnesses attending before the court shall be entitled to the same allowances as witnesses attending the High Court.
[L.N.107of1955.]

23. Publication of Regulations

A copy of these Regulations shall be kept at every custom house and at the office of the Government Marine Officer and of every harbour master in Nigeria, and any person desiring to peruse them shall be entitled to do so free of charge.
[L.N. 67 of 1955.]
SCHEDULE

FORM A [Regulation 3.]
Notice of investigation
To ……………………………………………Master, Mate, Engineer, etc., of or belonging to the ship
……………………………………………………………………… of ……………………………………. .
I hereby give you notice that the President has ordered a formal investigation into the circumstances attending the …………………………………………………………………………………….and
that subjoined hereto is a copy of a report (or statement of the case) upon which the said investigation has been ordered. I further give you notice to produce to the court (your certificate, the log books of the vessel, and) any (other) documents relevant to this case which may be in your possession. I have further to give you notice that on the information at present obtained by the President the questions annexed hereto are those upon which it appears desirable, and upon which l propose to take the opinion of the court; but these questions shall be subject to alteration, addition, omission, or amendment by me at the investigation, after the witnesses called by me have been examined.
DATED this ……………….. day of ……………………………………………. ,20
………………………Government Marine Officer
I. Report (or statement of case)
II .Questions-
Whether the (here insert the proposed questions).

FORM B [Regulation 16.]
Order on a party for payment of costs of investigation
In the matter of a formal investigation held at………………………………………………………on the
(here state all the days on which the court sat) days of ……………………………………
before ………………………………, assisted by…………………………………………………..…. into the circumstances attending the……………………………………………………………… The court orders-
That A.B. of…………………………………………………………, do pay the Accountant-General of the
Federation (the sum of…………naira on account of) the expenses of this investigation; or
That the Government Marine Officer do pay to A.B ………………………………………. .
of …………………………………………….(the sum of………………………..naira on
account oj) the expenses of this investigation.
GIVEN under my hand this …….day of …………………………………… , 20 ……………
……………………………………………………………
Judge
FORM C [Regulation 17.]
Report of court
In the matter of a formal investigation held at…………………………………………………….. on the
(here state aLL the days on which the court sat) days of before
………………………………………………………… , assisted by ……………………………………,
into the circumstances attending the …………………………………………………………………………….. .
The court having carefully inquired into the circumstances attending the above-mentioned shipping casualty, finds, for the reasons stated in the annex hereto, that the (here state finding of the court).
DATED this ………………. day of ……………………………………………. ,20 ……………..
………………………………………………………………
Chief Judge or Presiding Judge
ANNEX TO THE REPORT
(Here state fully the circumstances of the case, the opinion of the court touching the causes of the casualty, and the conduct of the persons implicated therein, and whether the certificate of any officer is either suspended or cancelled, and if so, for what reasons).
MERCHANT SHIPPING (RESTRICTED COMMENCEMENT) NOTICE
[L.N. 98 of 1964.]
under section 1 (2)

[1st April, 1962]

[Commencement.]
The 1st day of April, 1963, is the date on which the following provision of the Merchant Shipping Act, 1962 shall come into operation-

1. Commencement date of certain provisions of Merchant Shipping Act Cap. M11

Parts II, III, IV (excluding section 145 thereof), V, VI, VII, VIII, X, XI (excluding subsection (6) (a) of section 383 of the Merchant Shipping Act) XII and XIII shall by virtue of this Notice come into force on 1 April 1962.

2. Revocation of L.N. 37 of 1963
The Notice published as L.N. 37 of 1963 in Gazette No. 16 of 21 March 1963, is hereby cancelled.

3. Citation

This Notice may be cited as the Merchant Shipping (Restricted Commencement) Notice.

MERCHANT SHIPPING (CREW ACCOMMODATION) REGULATIONS
ARRANGEMENT OF REG ULA TIONS
REGULATION
1. Short title and application.

2. Interpretation.

3. Structures.

4. Plans.
5. Position of crew accommodation.
6. Height of crew accommodation.
7. Construction of bulkheads and panelling.
8. Overhead decks.
9. Flooring.
10. Protection from weather. 11. Heating.
11. Lighting.
12. Ventilation.
13. Drainage.
14. Painting, etc.
15. Marking.
16. Sleeping rooms.
17. Beds.
18. Furniture and fittings in sleeping rooms.
19. Mess rooms.
20. Furniture and fittings in mess rooms.
21. Recreation spaces and studies.
22. Office accommodation.
23. Washing accommodation.
24. Supply of water for washing accommodation.
25. Supply of drinking water.
26. Laundry facilities.
REGULATION

28. Water closets.
29. Galleys.
30. Dry provision storerooms.
31. Cold storerooms and refrigerating equipment.
32. Hospitals.
33. Medical cabinet.
34. Protection from mosquitoes.
35. Maintenance and inspection of crew accommodation.
36. Inspection by a surveyor of ships.
37. Fees.
38. Accommodation shared with passengers.
39. Additional exemptions.
40. Non-deductible spaces.

SCHEDULES

FIRST SCHEDULE

Trunked mechanical ventilation

SECOND SCHEDULE

Deck sheathings

THIRD SCHEDULE

Insulating material for the underside of decks

FOURTH SCHEDULE
Marking

MERCHANT SHIPPING (CREW ACCOMMODATION) REGULATIONS

[L.N. 69 of 1964.]

under sections 101 and 408

[25th June, 1964]

[Commencement.]

1. Short title and application

These Regulations may be cited as the Merchant Shipping (Crew Accommodation) Regulations, and shall apply to all Nigerian sea-going ships except fishing boats and pleasure yachts.

2. Interpretation
In these Regulations, unless the context otherwise requires-

“apprentice” includes a cadet and a midshipman;

“chief officer” includes a first mate and an only mate;

“crew” means seamen and apprentices;

“sanitary accommodation” means washing accommodation and accommodation containing water closets or urinals;

“trunked mechanical ventilation system” means a system of ventilation complying with the specification set forth in the First Schedule to these Regulations;

[First Schedule.]

“washing accommodation” does not include-

(a) any sleeping room or hospital ward whether or not provided with a wash-basin, bath or shower; and

(b) any room appropriated for use only as a laundry;
“whale catcher” includes a ship engaged in towing whales;

“whaling” includes the taking and treatment of seals and walruses, and references to whales shall be construed accordingly.

3. Structures

No structure shall be deemed to be watertight, gastight or oiltight for the purposes of these Regulations unless all openings in that structure, other than ventilation openings necessary for the admission of air from passageways to sanitary accommodation, laundries, drying rooms or galleys, are provided with means of closure which will enable such openings to be made watertight, gastight or oiltight, as the case may be.

4. Plans

(1) Every person to whose order a ship to which these Regulations apply is being constructed shall cause a plan of the ship, on a scale not smaller than 1 in 100, to be submitted to a surveyor of ships on a day not later than the day on which the keel of the ship is laid, showing clearly the proposed arrangement of the crew accommodation in the ship and its proposed position in relation to other spaces therein.
(2) Every such person shall cause the following plans to be submitted to a surveyor of ships on a day not later than the day on which the construction of any part of the crew accommodation is begun-
(a) plans of the proposed crew accommodation, on a scale not smaller than 1 in 50 in the case of a ship under 500 feet in length and not smaller than 1in 100 in the case of any other ship, showing clearly the purpose for which each space therein is to be appropriated and the proposed disposition of the furnishings, fittings and obstructions therein; and
(b) plans showing clearly the proposed arrangements for supplying water to the crew accommodation and for heating, lighting and ventilating the accommodation.

(3) The owner of every ship to which these Regulations apply shall submit or cause to be submitted to a surveyor of ships before any alteration or reconstruction is carried out in the crew accommodation thereof plans on the scales and showing the information referred to in paragraphs (1) and (2) of this regulation, and relating to the crew accommodation as altered or reconstructed, as the case may be:

Provided that if the crew accommodation in any ship is altered or reconstructed at a outside Nigeria in consequence of an emergency or an accident to the ship, such plans shall be submitted to a surveyor of ships as soon as may be.

5. Position of crew accommodation
(1) In every ship to which these Regulations apply the crew accommodation, other than store rooms, shall be wholly situated above the summer load line, if any, marked on the ship in accordance with section 185 of the Act; and the Government Inspector of Shipping may exempt from the requirements of this paragraph-

(a) any ship of under 200 tons;

(b) any passenger ship;
(c) any whale catcher;
(d) any tug;
(e) any cable ship;

(f) any salvage ship;
(g) any crane ship;

(h) any dredger and any ship engaged in the conveyance of the spoil of dredging; and
(i) any other ship not being a ship engaged in the carriage of cargo, if he is satisfied that compliance therewith is unreasonable or impracticable by reason of the size or intended service of the ship.
(2) In every ship to which these Regulations apply, the crew accommodation other than store rooms, shall be situated amid-ships or aft; and the Government Inspector of Shipping may exempt any ship from the requirements of this paragraph to the extent to which he is satisfied that compliance therewith is unreasonable or impracticable by reason of the size or intended service of the ship:

Provided that in ships of 500 tons or over no part of the crew accommodation, other than storerooms, shall be forward of the collision bulkhead.

(3) Sleeping rooms forming part of the crew accommodation of a passenger ship to which these Regulations apply shall not be situated immediately beneath a working passageway.

6. Height of crew accommodation
(1) In every ship to which these Regulations apply the height of the crew accommodation measured from the top of the floor beams to the top of the crown beams shall not be less than the following-
(a) in ships of under 1,600 tons: 7 feet; and

(b) in ships of 1,600 tons or over: 7 feet 6 inches.
(2) The Government Inspector of Shipping may exempt from the requirements of this paragraph-
(a) any ship, in respect of storerooms and sanitary accommodation; and
(b) any sea-going ship which is for the greater part of her commission employed on inland waters, to the extent to which he is satisfied that compliance therewith is unreasonable or impracticable in the circumstances.
(3) Every sleeping room forming part of the crew accommodation in a ship to which these Regulations apply shall be so constructed as to provide a clear headroom of at least 6 feet 3 inches at every point in the room which is available for free movement; and the Government Inspector of Shipping may exempt any ship under 500 tons from the requirements of this paragraph to the extent he is satisfied that compliance therewith is unreasonable or impracticable in the circumstances.
7. Construction of bulkheads and panelling

(1) In every ship to which these Regulations apply all bulkheads enclosing or within any part of the crew accommodation shall be properly constructed of steel or other and suitable material; and if the bulkheads are exposed to the weather they shall be of water-tight and gastight construction, and means of closure shall be provided for all openings in such bulkheads so as to enable them to be made weathertight.
(2) Any bulkhead which separates any part of the crew accommodation (other than a recreation deck space) from a space used as-
(a) a permanent coal bunker;
(b) an oil fuel bunker;
(c) a cargo or machinery space;
(d) a lamp room or paint room;
(e) a storeroom not forming part of the crew accommodation (other than a dry provision storeroom);
(f) a chain locker; or
(g) a cofferdam, shall be gastight, and shall be watertight where necessary to protect the crew accommodation.

(3) Any bulkhead which separates any part of the crew accommodation from a dry provision storeroom (whether or not such storeroom forms part of the crew accommodation) shall be gastight,
(4) Subject to the provisions of paragraph (5) of regulation 28 of these Regulations any bulkhead which separates any part of the crew accommodation from sanitary accommodation or from a laundry or drying room, galley or cold-storeroom (whether or not such sanitary accommodation, laundry, drying room, galley or cold-storeroom forms part of the crew accommodation) shall be gas tight, and shall be watertight to such height as is necessary to prevent the passage of water into the adjoining space; and in particular any bulkhead separating sanitary accommodation from any other part of the crew accommodation shall, except in a doorway, be watertight to a height of at least 9 inches above the floor of the sanitary accommodation:
Provided that the requirements of this paragraph shall not apply to bulkheads separating-

(a) sanitary accommodation from other sanitary accommodation;
(b) a laundry or drying room from another laundry or drying room;
(c) a galley from another galley or a pantry;
(d) a cold-storeroom from another cold-storeroom; or
(e) sanitary accommodation appropriated for the sole use of one person from a sleeping room which it may be directly entered.
(5) Any inside panelling in the crew accommodation shall be constructed of plywood or other suitable material with a surface which can be easily kept clean and neither bulkheads nor inside panelling shall be constructed with tongued and grooved board or in a manner likely to harbour vermin.
8. Overhead decks

(1) In every ship to which these Regulations apply, being a ship constructed of steel or other metal, every deck which forms the crown of any part of the crew accommodation (in this regulation referred to as the “overhead deck”), and is exposed to the weather, shall be constructed of steel or other metal.
(2) The Government Inspector of Shipping may exempt any ship from the requirements of paragraph (1) of this regulation to the extent to which he is satisfied that it is necessary to do so by reason of the intended service of the ship.
(3) The upper side of every such deck shall be sheathed with wood or with a material which complies with the requirements specified in the Second Schedule to these Regulations and such sheathing shall be properly laid and, if it consists of wood, shall be properly caulked.

(4) The Government Inspector of Shipping may exempt any ship from the requirements of paragraph (3) of this regulation to the extent to which he is satisfied that the undersides of the overhead decks are insulated with a material (other than wood) which complies with the requirements specified in the Third Schedule to these Regulations, and which is so fitted as to avoid as far as possible absorption of water, condensation, transmission of noise and harbouring of dirt and vermin.

(5) Every wooden overhead deck shall be at least 21/2 inches thick and every wooden sheathing shall be at least 21/4 inches thick.
(6) The Government Inspector of Shipping may exempt any ship from either of the requirements of paragraph (5) of this regulation to the extent that he is satisfied that compliance therewith is unreasonable or impracticable in the circumstances.

9. Flooring

(1) In every ship to which these Regulations apply the decks which form the floors in the crew accommodation shall be properly constructed and shall have a surface which provides a good foothold and is capable of being easily kept clean. The floor covering shall be impervious to water and, if the deck is situated on top of an oil tank, impervious to oil.
(2) Wooden decks which form the floors in the crew accommodation shall be at least 2 inches thick and shall be properly laid and caulked. The Government Inspector of Shipping may exempt any ship from the requirements of this paragraph to the extent to which he is satisfied that the compliance therewith is unreasonable or impracticable in the circumstances.

(3) The surface of metal decks which form the Boors of the crew accommodation, not being floors in sanitary accommodation, galleys, storerooms or laundries, shall be covered with linoleum or wooden planking, or with a material which complies with the requirements specified in the Second Schedule to these Regulations.
(4) The joinings of the material with the side walls shall be rounded in a manner which will avoid crevices and such linoleum, planking or material shall be properly laid and shall provide a good foothold.
(5) The joinings of the floors with the side walls shall be rounded in a manner which will avoid crevices.

10. Protection from weather

(1) In every ship to which these Regulations apply, the crew accommodation and the means of access thereto and egress therefrom shall be so arranged and constructed and situated in such a position as to ensure-
(a) the protection of the crew against injury to the greatest practicable extent;
(b) the protection of the crew accommodation against the weather and the sea;
(c) the insulation of the crew accommodation from heat and cold;
(d) the protection of the crew accommodation against moisture due to condensation;
(e) the exclusion from the crew accommodation of effluvia originating in other spaces in the ship; and
(f) the exclusion from the crew accommodation, to the greatest practicable extent, of noise originating in other spaces in the ship.
(2) Without prejudice to the generality of paragraph (1) of this regulation-

(a) every opening from an open deck into the crew accommodation shall be protected against the weather and the sea;
(b) the crew accommodation shall be accessible at all times from the open deck;
(c) access to sleeping rooms, mess rooms, recreation rooms and studies which form part of the crew accommodation shall be obtained from a passageway which shall be provided with a hinged door at any entrances to the open deck; and the Government Inspector of Shipping may exempt any ship from the requirements of this sub-paragraph to the extent to which he is satisfied that compliance therewith is unreasonable or impracticable by reason of the size or intended service of the ship;

(d) bow hawse pipes shall not be situated in the crew accommodation; and the Government Inspector of Shipping may exempt any ship of under 400 tons from the requirements of this sub-paragraph;

(e) steam supply and exhaust pipes for steering gear, winches and similar equipment shall not pass through the crew accommodation:
Provided that, if in the case of any ship of 500 tons or over the Government Inspector of Shipping is satisfied that alternative arrangements are unreasonable or impracticable in the circumstances, he may permit such pipes, if properly encased, to pass through passageways forming part of the crew accommodation, subject, in the case of supply pipes, to the following conditions-
(i) the pipes shall be constructed of solid drawn steel or other suitable material;
(ii) the pipes shall be of a scantling sufficient to withstand the maximum pressure from the ship’s boiler system;

(iii) all connections in the pipes shall be by faced flanges properly jointed; and

(iv) the pipes shall be fitted with adequate drainage arrangement, the Government Inspector of Shipping may exempt any ship of under 500 tons from the requirements of this sub-paragraph if he is satisfied that adequate arrangements have been made to ensure the safety of the crew;

(f) all steam pipes, hot-water pipes and calorifiers in or serving the crew accommodation shall be efficiently lagged wherever lagging is necessary for the conservation of heat or the protection of the crew against injury or discomfort; and all cold-water pipes in the crew accommodation shall be efficiently lagged wherever lagging is necessary for the prevention of condensation;
(g) chain pipes, and ventilator trunks to cargo spaces or tanks, shall be made of steel or other suitable material and shall be gastight where they pass through any part of the crew accommodation;

(h) batteries for the operation of the ship’s radio installation, if any, shall not be placed in any sleeping room provided for the crew, and precautions shall be taken which will ensure that fumes from such batteries cannot discharge into any parts of the crew accommodation;

(i) the bulkheads and the parts of the ship’s side which enclose the crew accommodation, shall be insulated in a manner which will prevent overheating of the accommodation and be covered with protective covering which will prevent the condensation of moisture; and the Government Inspector of Shipping may exempt any ship from the requirements of this sub-paragraph to the extent to which he is satisfied that the crew accommodation is adequately protected by its position and ventilation against overheating and condensation;
(j) every bulkhead casing and deck separating the crew accommodation from other spaces in the ship in which heat or cold may be generated shall be insulated in a manner which will prevent the crew accommodation being so affected by such heat or cold or by condensation as to prejudice the health or comfort of the crew;
(k) every ship for the time being regularly engaged on voyages to, within or through the Tropics or the Persian Gulf shall be provided with awnings which will cover-
(i) all exposed decks and house-tops situated immediately above any part of the crew accommodation;

(ii) all exposed sides of galleys situated on an open deck;

(iii) such portions of the deck spaces provided for the recreation of the crew in compliance with paragraph (6) of regulation 22 of these Regulations as will provide a shaded area adequate in extent having regard to the number of persons in the crew and to any shade provided for such spaces by overhanging decks.

The awnings shall be supported by stanchions or by other suitable means;
(I) there shall be no direct opening between the crew accommodation (other than recreation deck spaces) and any space used as a storeroom for engineroom stores or deck department stores. The Government Inspector of Shipping may exempt-
(i) any ship of under 500 tons; and

(ii) any whale catcher from the requirements of this sub-paragraph to the extent to which he is satisfied that compliance therewith is impracticable in the circumstances;

(m) there shall be no direct opening between the crew accommodation (other than recreation deck spaces) and spaces used as-

(i) permanent coal bunkers;
(ii) oil fuel bunkers;
(iii) cargo or machinery spaces; (iv) lamp rooms or paint rooms;
(v) storerooms not forming part of the crew accommodation (other than storerooms for engine-rooms or deck department stores);
(vi) chain lockers; or
(vii) cofferdams:

Provided that there may be a direct opening between machinery spaces and sanitary accommodation and changing rooms provided for the sole use of officers and ratings of the engine-room department; but the Government Inspector of Shipping may exempt any ship from the requirements of this sub-paragraph in so far as it relates to a direct opening between any passageway forming part of the crew accommodation and any of the aforesaid spaces; and may further exempt any whale catcher from such requirements in so far as it relates to a direct opening between any machinery space and any part of the crew accommodation;
(n) subject to the provisions of paragraph (3) of regulation 24, paragraph (6) of regulation 28 and paragraph (16) of regulation 32 of these Regulations, there shall be no direct opening between the crew accommodation (other than recreation deck spaces or passageways) and any sanitary accommodation, laundry or drying room (whether or not such sanitary accommodation, laundry or drying room forms part of the crew accommodation):
Provided that nothing in this sub-paragraph shall prohibit direct openings between spaces forming part of the sanitary accommodation, or between spaces appropriate for use as laundries or drying rooms;

(0) any part of the crew accommodation which is adjacent to any part (other than the crown) of a tank in which oil may be carried in bulk, shall be separated therefrom by a gastight division additional to the division which retains the oil, and the Government Inspector of Shipping may exempt any ship from the requirement of this sub-paragraph if he is satisfied that the division which retains the oil is likely to remain oiltight under service conditions;

(P) if any part of the crew accommodation is situated on a deck which forms the crown of a space in which oil may be carried in bulk, such deck shall be oiltight. No manholes or other openings to the oil tanks shall be situated in the crew accommodation, and the Government Inspector of Shipping may exempt any ship used in treating whales or for the carriage of persons employed in catching or treating whales from the requirements of this sub-paragraph in so far as they relate to manholes or other openings in the oil tanks;

(q) if any part of the crew accommodation is situated on a deck forming the crown of a permanent coal bunker, such deck shall be gastight;

(r) the means of access to and egress from every part of the crew accommodation shall be so situated that in the event of fire in any lamp room or paint room in the ship, access to and egress from the crew accommodation will not be impeded.

11. Heating

(1) In every ship to which these Regulations apply, other than a ship employed solely within the Tropics or the Persian Gulf, all sleeping rooms, mess rooms, recreation rooms, sanitary accommodation, offices, studies and hospitals forming part of the crew accommodation shall be provided with a heating system which shall be permanently installed and capable of ensuring that when the ventilation system provided for such rooms or accommodation in compliance with these Regulations is working so as to furnish at least 15 cubic feet of fresh air per minute for each person whom the room or accommodation is designed to accommodate at one time and the temperature of the open air is 30 0F the temperature therein can be maintained at 67 OF

Provided that the temperature within a water closet shall not be required to be maintained at more than 10°F above the ambient temperature in the open air. If the temperature within any water closet is capable of being so maintained by heat derived from an adjoining compartment, a heating system shall not be required to be provided in that water closet; and the Government Inspector of Shipping may exempt from the requirements of this paragraph-
(i) any ship of under 500 tons; and
(ii) any ship intended to be engaged solely on voyages in the Tropics or the Persian Gulf, if he is satisfied that the crew accommodation is fitted with stoves which are properly installed and adequately guarded, or with other suitable means of heating.
(2) The permanent heating system required by the foregoing paragraph shall be operated by steam, hot water or electricity, or shall be a system supplying warm air.
(3) The heating equipment shall be so constructed, installed and, if necessary, shielded as to avoid the risk of fire and not to constitute a source of danger or discomfort to the crew and in particular, means shall be provided, unless the provision thereof is unreasonable or impracticable in the circumstances, by which, without the use of a tool or key, the heat emitted by the radiator or other heating device fitted in any space can be turned off and on and varied.
(4) The heating equipment shall be so constructed that its operation is not affected by the use or non-use of any steering gear, deck machinery, calorifiers or cooking appliances in the ship.

(5) The heating system shall be in operation at all times when any members of the crew are living or working on board the ship and circumstances require its use:
Provided that while the ship is in port the heating system shall not be required to be in operation if efficient temporary means of heating are provided for such parts of the crew accommodation as are in use.
12. Lighting
(1) In every ship to which these Regulations apply, every part of the crew accommodation, other than pantries, laundries, drying rooms, lockers and storerooms shall be properly lighted by natural light:

Provided that if in any space in a passenger ship or in a ship engaged in the whaling industry it is impracticable to provide proper natural lighting, such lighting shall not be required if adequate electric lighting is always available in that space. The Government Inspector of Shipping may exempt any ship from the requirement of this paragraph in relation to sanitary accommodation and passageways to the extent to which he is satisfied that compliance therewith is unreasonable or impracticable in the circumstances.

(2) The natural light of a sleeping room, mess room, recreation room or hospital ward shall be deemed to be proper for the purposes of this regulation if it is sufticient to enable an ordinary newspaper to be read by a person of normal vision at any point in the room, being a point available for free movement, during day time and in clear weather.

(3) Every side scuttle in a sleeping room, mess room, smoking room or recreation room in the crew accommodation shall be capable of being opened:
Provided that this paragraph shall not apply to a side scuttle which is required to be of the non-opening type by the provisions of the Merchant Shipping (Passenger Ship Construction) Rules.
(4) In every ship of 3,000 tons or over every such side scuttle shall be at least 12 inches in diameter and the Government Inspector of Shipping may exempt any ship from the requirement of this paragraph to the extent to which he is satisfied that compliance therewith is unreasonable or impracticable in the circumstances.
(5) In every ship to which these Regulations apply, an electrical system shall be in- stalled which is capable of providing adequate lighting in every part of the crew accommodation.

(6) The electric lights shall be so arranged as to give the maximum benefit to the crew, and in particular an electric reading light shall be fitted at the head of each bed and shall be capable of being switched on and off from the bed.
(7) A lamp emitting at least 200 lumens shall be fitted in every such reading light in a sleeping room, and a lamp emitting at least 400 lumens shall be fitted in every such light in a hospital ward.
(8) An efficient alternative system of lighting or source of electric power shall always be available for lighting the crew accommodation.
(9) The Government Inspector of Shipping may exempt any ship of under 500 tons from the requirement of this paragraph if he is satisfied that compliance therewith is unreasonable or impracticable in the circumstances and that other suitable artificial lighting is provided in the crew accommodation.
(10) In addition to any other lights required by these Regulations, the spaces referred to in sub-paragraphs (a) to (k) inclusive of paragraph 13 of this regulation shall be provided with the lighting therein specified.
(11) The electric lighting of the spaces referred to in sub-paragraphs (a) to (k) inclusive of paragraph 13 shall be deemed to be adequate for the purposes of these Regulations if, when the lamps and paintwork are new, the illumination in the horizontal plane, when measured at the points and in the manner prescribed in paragraph 12 of this regulation is steady and subject to a tolerance of ten per cent is maintained at a value of not less than that prescribed for every such space.
(12) The points at which illumination shall be measured shall be as follows-
(a) where general measurement points are prescribed for the illumination of a space, then measurements shall be taken at every point midway between every two adjacent lamps and at every point midway between every lamp and any position on any boundary of the space:

Provided always that where within any space a part of that space (being a part of that space available for free movement) is shaded from the direct rays of a lamp by a re- entrant angle formed in the boundary of the space, then the central point of the part of the space so shaded shall also be a general measurement point; and

(b) where particular measurement points are also prescribed for a space, then measurements shall in addition be taken at every such point, and in all cases measurements shall be taken at a height of 2 feet 9 inches above the floor, except that in the case of passageways, companionways, and covered recreation-deck spaces, measurements may be taken either at a height of 2 feet 9 inches above the floor or at floor level, provided that in the latter case the reflection factor of the floor surface shall not be less than forty per cent. Illumination of provision storerooms shall be measured when the rooms are empty.
(13) The following spaces shall be provided with the lighting therein specified-
(a) sleeping rooms and day rooms-

(i) 2 foot-candles immediately in front of any drawer, bookcase, clothes locker, wardrobe and toilet mirror;

(ii) 5 foot-candles at any wash-basin;

(iii) 6 foot-candles at any seat at a writing desk or table, and at not less than half the remaining seats in a sleeping room provided for the use of more than one person, and for the purposes of this sub-paragraph reading lights at the heads of beds shall not be taken into account in determining the illumination of a space except in the case of a sleeping room provided for the use of one person only;

(b) mess rooms-

(i) 2 foot-candles at general measuring points;

(ii) 5 foot-candles at any table and sink;

(i) 2 foot-candles at general measuring points;

(ii) 5 foot-candles at the recreation tables;

(iii) 6 foot-candles at any seat at a writing position at a desk or table and at not less than half the remaining seats;
(d) hospital wards-

(i) 2 foot-candles at general measuring points;

(ii) 5 foot-candles at any wash-basin, and in addition to the electric reading lamp required to be provided at the head of each bed in accordance with paragraph (5) of this Regulation, at least one fixed lamp shall be installed. The portable electric lamp required to be provided by paragraph (10) of regulation 32 of these Regulations shall emit at least 600 lumens for the purposes of this subparagraph, reading lights at the head of beds shall not be taken into account in determining illuminations except in the case of a hospital ward provided for the use of one person only;

(e) offices and studies-

(i) 2 foot-candles immediately in front of any drawer and any bookcase;

(ii) 8 foot-candles at every writing position at a desk or table;

(j) sanitary accommodation (including such accommodation in hospitals)-

(i) water closets, 3 foot-candles in way of the pan;
(ii) wash rooms and bathrooms, 3 foot-candles at all general measurement points;
(iii) 5 foot-candles at any wash-basin or washing trough and at or near the head of any bath;
(g) laundries-
(i) 3 foot-candles at general measuring points; (ii) 5 foot-candles at any washing trough;
(h) drying rooms-
2 foot-candles in the centre of the space;

(i) galleys (including bakeries and pantries)-
6 foot-candles at working positions and the lamps shall be so disposed as to ensure that the food preparation tables, the range top, the serving tables and the washing-up sinks receive the maximum amount of light;

(j) provision-storerooms-

(i) dry-storerooms, 2 foot-candles at general measurement points and 2 foot-candles immediately in front of shelving and any cupboard,

(ii) cold-storerooms, half the standard prescribed for a dry-storeroom;

(k) passageway, companionways and covered recreation deck spaces, 2 foot- candles at general measurement points; and a lamp shall be placed at or near the head of each stairway or ladder or hatchway and at or near doors of any lockers provided for oilskins or working clothes.

13. Ventilation

(1) In every ship to which these Regulations apply the enclosed parts of the crew accommodation shall be ventilated by a system which will maintain the air therein in a state of purity adequate for the health and comfort of the crew.
(2) The system shall be capable of being so controlled as to ensure sufficiency of air movement under all conditions of weather and climate to which the ship is likely to be subjected during the voyages on which she is intended to be engaged, and shall be additional to any side scuttles, skylights, companions, doors or other apertures not intended solely for ventilation.

(3) Every such enclosed space, being a space not ventilated by a trunked mechanical ventilation system, shall be provided with a natural system of inlet and exhaust ventila- tion and every inlet ventilator forming part of such system, being a ventilator situated in the open air, shall be of a cowl or other equally efficient type and shall be so situated that, as far as is practicable, it is not screened from the wind in any direction; and no such ventilator shall be situated directly over a doorway, stairway or exhaust opening.

(4) The sectional area of every part of the inlet and exhaust system (other than a part serving only a drying room or locker) shall be at least six square inches for each person for whose use at anyone time the space is appropriated, shall be not less than 19 square inches in all at any point in the system; and the effective area of the inlet and exhaust system serving each space shall be capable of being adjusted from fully open down to a minimum of 3 square inches for each person likely to use the space at anyone time.
(5) Every such closed space, other than a cold-storeroom, forming part of the crew accommodation of a ship to which these Regulations apply, of 500 tons or over, shall be provided with a trunked mechanical ventilation system complying with the requirements specified in the First Schedule to these Regulations:
Provided that such a system shall not be required in any galley which is situated on an open deck and exposed to the weather on the fore end and the port and starboard sides; and the Government Inspector of Shipping may exempt any ship from the requirement of this paragraph, in so far as it relates to the ventilation of a storeroom for the storage of dry provisions, if he is satisfied that compliance with that requirement is unnecessary by reason of the position of the storeroom.
(6) In the crew accommodation of every ship to which these Regulations apply, being a ship not provided with trunked mechanical ventilation and not being a ship for the time being regularly engaged only on voyages north of 53° North latitude or south of 45° South latitude, an electric fan shall be fitted in every sleeping room, mess room, recrea- tion room, study, office, galley and pantry; and the Government Inspector of Shipping may exempt any ship of under 500 tons from the requirement of this paragraph.
(7) Power for the operation of the trunked mechanical ventilation system or fans, as the case may be, required by the foregoing paragraphs of this Regulation, shall be avail- able at all times when any members of the crew are on board the ship and circumstances require such system or fans to be used.
(8) The following spare gear shall be provided for each size of electric motor employed to operate a trunked mechanical ventilation system in the crew accommodation of a ship to which these Regulations apply-
(a) for direct current motors-
(i) 1 armature;
(ii) 1 field coil;
(iii) 1 set of bearings;
(iv) 1 set of carbon brushes;
(v) 1 brush holder;

(b) for alternating current motors-
(i) 1 set of stator windings, complete with insulation pieces; (ii) 1 set of bearings, the spare gear shall be properly packed for storage.
14. Drainage
(1) In every ship to which these Regulations apply efficient drainage by pipes or channels shall be provided for every part of the crew accommodation situated on an open deck wherever such drainage is necessary for clearing water shipped from the sea.

(2) There shall be no drainage from any source (not being sanitary accommodation) into the sanitary accommodation forming part of the crew accommodation.

(3) Every space appropriated for use as sanitary accommodation shall be served by one or more scuppers which do not serve any space other than sanitary accommodation. The scuppers shall be at least two inches in diameter and shall be situated wherever water is likely to collect on the floor of the space:
Provided that no scupper shall be required in washing accommodation appropriated for the sole use of one person.

15. Painting, etc.
(1) In every ship to which these Regulations apply the interior sides and ceilings of every part of the crew accommodation shall be covered with enamel, paint or other suitable material and the paint, enamel or other material shall be of good quality and white or light in colour.
(2) Lime wash or paint containing nitro-cellulose shall not be applied in the crew accommodation.
(3) The wooden parts of the furniture and fittings in the crew accommodation shall be finished externally with paint, varnish, polish or by other suitable means.
(4) All paint, varnish, polish and other finishes in the crew accommodation shall be capable of being easily kept clean and shall be maintained in good condition.

16. Marking

(1) Every sleeping room forming part of the crew accommodation of a ship to which these Regulations apply shall be marked inside the room with whichever of the markings specified in Part I of the Fourth Schedule to these Regulations is appropriate in the circumstances.
(2) Every space, other than a sleeping room or an open deck, forming part of the crew accommodation of such a ship, shall be marked either inside the space or on or over the door to such space with whichever of the markings specified in Part II of the Fourth Schedule to these Regulations is appropriate in the circumstances.
(3) All markings required by the foregoing provisions of this regulation shall be in clear characters and in a readily visible position on the ship’s structure and the markings shall be cut into the structure or otherwise marked in an equally permanent manner.

(4) No space forming part of the crew accommodation of a ship to which these Regulations apply shall be marked, whether inside or outside the space, with any mark- ings which may be taken to indicate that the space is appropriated for use by persons differing in number or description from the persons for whose use the space has been certified by a surveyor of ships.
17. Sleeping rooms

(1) In every ship to which these Regulations apply, unless the circumstances are such that no members of the crew are required to sleep on board, sleeping rooms shall be provided for the crew in accordance with the following provisions of this regulation; and separate and appropriate sleeping rooms shall be provided wherever required by the widely different national habits and customs of groups of persons in the crew.
(3) Every watch of ratings shall be provided with sleeping rooms separate from those of other watches. Day-men shall be provided with sleeping rooms separate from those watch-keepers.
(4) The Government Inspector of Shipping may exempt any ship used in treating whales or for the carriage of persons employed in catching or treating whales, from the requirements of paragraph (6) of this regulation in so far as they relate to sleeping accommodation for persons not engaged to work the ship.
(4) The Government Inspector of Shipping may exempt from the requirements of paragraphs (2) and (3) of this regulation-
(a) any whale catcher; and
(b) any other ship to the extent that he is satisfied that compliance with the said requirement is unreasonable or impracticable by reason of the size of the ship.
(5) The Government Inspector of Shipping may further exempt any ship engaged in the whaling industry from the requirements of paragraph (3) of this regulation.

(6) The maximum number of persons accommodated in sleeping rooms shall be as follows- .
(a) officers in charge of a department, navigating and engineer officers in charge of a watch, and first or only radio officers-1 person per room;
(b) other officers-wherever practicable, 1 person per room and in no event more than 2 persons per room;
(c) apprentices-wherever practicable, not more than 3 persons per room, and in no event more than 4 persons per room;
(d) chief or only steward and chief or only cook-in either case in a ship of 3,000 tons or over regularly employed otherwise than as a home-trade ship, 1person per room;
(e) petty officers not being persons referred to in sub-paragraph (d) of this paragraph-wherever practicable, I person per room, and in no event more than 2 persons per room;
(f) other ratings-wherever practicable, 2 or 3 persons per room, and in no event more than 4 persons per room:

Provided that in any passenger ship the Government Inspector of Shipping may permit more than 4, but no more than 10, such ratings to be accommodated in one room if he is satisfied, after consultation with the owner of the ship or with such organization or organizations as appear to him to be representative of the ratings concerned, that the comfort of these ratings will thereby be increased.

(7) The government Inspector of Shipping may exempt any ship used in treating whales or for the carriage of persons employed in catching or treating whales, from the requirements of paragraph (6) of this regulation in so far as they relate to sleeping accommodation for persons not engaged to work the ship.
(8) The Government Inspector of Shipping may exempt also any whale catcher from the requirements of sub-paragraph (a) of paragraph (6) of this regulation and any ship of under 400 tons from the requirements of sub-paragraphs (a) and (d) of this paragraph.
(9) Subject to the provisions of sub-paragraphs (b) and (c) of this paragraph, the minimum floor area provided for each person in a sleeping room forming part of the crew accommodation of a ship to which these Regulations apply shall be as follows-
(a) in ships of square feet
(i) under 400 tons 15
(ii) 400 tons or over but under 800 tons 20
(iii) 800 tons or over but under 3,000 tons 25

(iv) 3,000 tons or over 30
(b) subject to the provisions of sub-paragraph (c) of this paragraph the minimum floor area provided in a sleeping room in a passenger ship shall be 24 square feet per person if more than 4 ratings are accommodated in that room;
(c) subject to the provisions of this sub-paragraph the minimum floor area provided for each person in a sleeping room for such ratings as are referred to in paragraph (2) of regulation 39 of these Regulations (in this sub-paragraph referred to as “special ratings”) shall be, in ships of-
square feet

(i) under 400 tons 14
(ii) 400 tons or over but under 3,000 tons 18
(iii) 3,000 tons or over 20

(d) the total floor area of the sleeping rooms provided in the ship for special ratings shall not be less than would be required by sub-paragraph (a) of this paragraph to be provided for such number of ratings as would be necessary in substitution for the special ratings if the special ratings were replaced by other ratings;
(e) in determining the floor area of a room for the purpose of this paragraph, spaces occupied by berths, lockers, seats or chests of drawers shall be taken into account and spaces which by reason of their small size or irregular shape cannot accommodate furniture and do not contribute to the area available for free movement shall not be taken into account.

18. Beds
(1) Every sleeping room in the crew accommodation of a ship to which these Regulations apply shall be fitted with a bed for each person accommodated in the room.

(2) The framework of each bed, and the lee-boards or lee-rails thereof, if any, shall be constructed of metal or other material which is hard, smooth and unlikely to become corroded.
(3) The framework shall be so made as not to be likely to harbour vermin, and in particular, if the bed is constructed with tubular frames, the frames shall be completely sealed and without perforations.
(4) There shall be unobstructed access to at least one side of each bed and, in particular, if the adjacent sides of two beds in the same room are parallel to each other or, when projected, make an angle of less than 90° with each other, the distance between those sides at any point shall not be less than 2 feet 6 inches if both beds are in single tier or 3 feet in any other case.
(5) Where beds abut upon each other they shall be separated by screens made of wood or other suitable material.

(6) No bed shall be placed-

(a) within 4 inches of a ventilation trunk which may be used for circulating hot air; or

(b) within 2 inches of a bulkhead or the ship’s side, unless the bed is so supported and the room so constructed as to avoid harbouring dirt and vermin in or near the bed, to enable the bedding to be kept clean and dry, and to minimise the soiling of paintwork in way of the bed.
(7) Beds shall not be arranged in tiers of more than two.

(8) Beds placed along the ship’s side shall be in single tier, except in a room in which there is no side scuttle and the Government Inspector of Shipping may exempt any ship from the requirement of this paragraph to the extent to which he is satisfied that the beds in the sleeping room are clear of side scuttles, and that the comfort of the crew will thereby be increased.
(9) No bed shall-
(a) be less than 1 foot from the floor of the room measured from the bottom of the mattress referred to in paragraph (12) of this regulation; and

(b) if the upper bed in a double tier, be at least 2 feet 6 inches below the lower side of the deck head beams or other obstructions measured from the bottom of the mattress; and the bottom of the mattress in the lower bed shall be at least 3 feet below the bottom of the mattress in the upper bed if the height of the sleeping room is 7 feet 6 inches or more, and at least 2 feet 9 inches below the bottom of the mattress in the upper bed if the height of the sleeping room is less than 7 feet 6 inches, and for the purposes of this sub-paragraph the height of the room shall be measured from the top of the floor beams to the top of the crown beams.
(10) The Government Inspector of Shipping may exempt-
any ship of under 500 tons from any of the requirements of paragraph (9) of this regulation; and any ship from the requirements of sub-paragraph (b) of paragraph (9) of this regulation to the extent to which he is satisfied that it is unreasonable or impracticable in the circumstances to remove obstructions above the beds in the crew accommodation of that ship.
(11) The size of the beds provided for the crew shall-
(a) subject to the provisions of sub-paragraph (b) of this paragraph, be at least 6 feet 3 inches by 2 feet 3 inches, the measurements being taken inside the lee- boards or lee-rails, if any, and at right angles to each other;
(b) in a ship of 3,000 tons or over for the chief officer and for the chief and second engineers, be at least 6 feet 3 inches by 2 feet 9 inches in a passenger ship and at least 6 feet 3 inches by 3 feet 6 inches in any other ship, the measurements in each case being taken as aforesaid.
(12) Every bed provided for a member of the crew shall be fitted with a spring bot- tom or spring under-mattress, and with a mattress made of material which will resist damp and is unlikely to harbour vermin. A bottom of wood, canvas or other dust-proof material shall be fitted to every bed which is fitted above another bed.
19. Furniture and fittings in sleeping rooms
(1) In every ship to which these Regulations apply, every sleeping room for ratings other than petty officers shall be provided with the following equipment-
(a) for each person accommodated in the room-
(i) one drawer having a capacity of at least 2 cubic feet;
(ii) one clothes locker or wardrobe, in either case at least 5 feet 6 inches in height and 315 square inches in internal sectional area; the locker or wardrobe shall be fitted with a shelf not less than 9 inches and not more than 15 inches below its top and with fittings on which clothes may be hung; and
(iii) at least one coat hook in addition to any coat hooks fitted in a locker or wardrobe;
(b) a table of fixed or drop-leaf type, or a desk, or a sliding leaf or top fitted to a chest of drawers;
(c) comfortable seats sufficient to accommodate at one time all the persons ac- commodated in the room and such seats shall be provided in addition to the beds in the room; but the Government Inspector of Shipping may exempt any passenger ship or ship engaged in the whaling industry from the requirements of this sub-paragraph to the extent to which he is satisfied that a lesser number of seats is adequate in the circumstances;
(d) ` a mirror suitable for toilet purposes;
(e) a cabinet suitable for containing toilet requisites;
(f) a book rack;
(g) a runner of jute, coir or other suitable material at one side of each bed or tier of beds, as the case may be;
(h) a curtain fitted to each bed, unless the room accommodates only one person;
(i) a curtain fitted to each side scuttle, unless the side scuttle is fitted with blinds or jalousies, and the Government Inspector of Shipping may exempt any whale catcher from any of the requirements of sub-paragraphs (g), (h) and (i) of this paragraph.
(2) Paragraph (1) of this regulation shall apply to sleeping rooms for petty officers as it applies to sleeping rooms for other ratings, subject to the following modifications and additions-
(a) for each person accommodated in the room a second drawer having a capacity of at least 2 cubic feet shall be provided in addition to the drawer referred to in sub-paragraph (a) of paragraph (1) of this regulation;
(b) the clothes lockers or wardrobes provided shall be made of hardwood;

(c) each room shall be provided with-
(i) a rack for holding one drinking-water bottle and one tumbler for each person accommodated in the room and the rack may be fitted inside the cabinet for toilet requisites:
Provided that a rack for holding a drinking-water bottle shall not be required in any room in which a supply of drinking water is laid on-

(ii) a wash-basin, of vitreous china or other equally hygienic and durable material, which shall be fitted with an efficient and hygienic discharge overside or to an enclosed tank with a suction pipe served by a mechanically operated pump:

Provided that a wash-basin shall not be required to be fitted in a sleeping room for petty officers if washing accommodation is readily accessible from the sleeping room.

(3) In every sleeping room in which more than one petty officer or other rating is accommodated, every drawer, locker and wardrobe shall be fitted with a secure lock or hasp for a padlock and in every sleeping room in which only one petty officer or other rating is accommodated the locker or wardrobe shall be fitted with such a lock or hasp.

(4) Subject to the provisions of paragraph 5 of this regulation every sleeping room for officers shall be provided with the following equipment-

(a) for each officer accommodated in the room-
(i) at least three drawers with a total capacity of 10 cubic feet or as near thereto as is practicable in the circumstances;
(ii) a wardrobe at least 5 feet 6 inches in height and 460 square inches in internal sectional area;
(iii) at least two coat hooks, in addition to any coat hooks fitted in the wardrobe;
(b) a writing desk fitted, if practicable, with drawers additional to the aforesaid drawers;
(c) a chair with arm rests;

(d) a settee at least 6 feet in length or as near thereto as is practicable in the circumstances:
Provided that the Government Inspector of Shipping may permit the settee to be dispensed with-

(i) if he is satisfied that a settee of adequate dimensions cannot be placed in the room without interfering with the comfort of the officers; or
(ii) in the case of a room which only accommodates one officer, if the Government Inspector of Shipping has consulted with such organisation as appears to him to be representative of the class of officer concerned and is satisfied that a fully upholstered easy chair with closed arms is provided in the room;
(e) a mirror suitable for toilet purposes;
(f) a cabinet suitable for containing toilet requisites;
(g) a rack suitable for holding-
(i) one drinking-water bottle; and

(ii) one tumbler for each officer accommodated in the room and the rack may be fitted inside the cabinet for toilet requisites:

Provided that a rack for holding a drinking-water bottle shall not be required in any room in which a supply of drinking water is laid on;

(h) a wash-basin of vitreous china or other equally hygienic and durable material, which shall be fitted with an efficient and hygienic discharge overside or to an enclosed tank with a suction pipe served by a mechanically operated pump:

Provided that a wash-basin shall not be required to be fitted in a sleeping room if washing accommodation is readily accessible therefrom;
(i) a splash plate or other means of protection for the wall above the wash-basin, If any;
(j) a carpet runner of wool or similar material;
(k) curtains fitted to each bed, unless the room accommodates only one officer;
(I) curtains fitted to each side scuttle, unless the side scuttle is fitted with blinds or jalousies;
(m) a bookcase in any room which accommodates a chief officer, chief engineer or second engineer, or in the case of a passenger ship a first radio officer; and

(n) a bookcase or book rack in rooms which accommodate other officers, and the Government Inspector of Shipping may exempt any ship of under 400 tons from any of the requirements of sub-paragraphs (a), (b) and sub-paragraphs (k) to (n) inclusive, of this paragraph to the extent to which he is satisfied that compliance therewith is unreasonable or impracticable in the circumstances.

(5) Any of the equipment referred to in sub-paragraphs (b), (c), (d), (m) and (n) of paragraph (4) of this regulation may be provided in a day room available for the sole use of the officers concerned, instead of their sleeping room, and any of the equipment re- ferred to in sub-paragraphs (e) to (i) inclusive of the said paragraph may be provided in washing accommodation approved for the exclusive use of one officer instead of in the sleeping room of that officer.
(6) Sleeping rooms for apprentices shall so far as is reasonable and practicable in the circumstances be provided with the equipment (other than a bookcase) referred to in paragraph (4) of this regulation:
Provided that any of the equipment referred to in sub-paragraphs (b), (c), and (d) of the said paragraph may be provided in a study for the sale use of the apprentices instead of in their sleeping rooms.

(7) Subject to the foregoing provisions of this regulation, all lockers, wardrobes, ta- bles, desks, the un-upholstered parts of chairs and settees and similar furnishings pro- vided in compliance with this regulation, shall be made of polished hardwood, rustproof metal or other smooth and impervious material not likely to crack, warp or become cor- roded, and all furniture provided in sleeping rooms shall be so made as not to be likely to harbour vermin.

20. Mess rooms

(1) In every ship to which these Regulations apply, unless the circumstances are such that no members of the crew are required to mess on board, mess rooms shall be provided for the crew and shall be of such dimensions as will be sufficient to accommodate the greatest number of persons likely to use them at anyone time.
(2) Separate and appropriate mess rooms shall be provided wherever required by the widely different national habits and customs of groups of persons in the crew.

(3) No mess room shall be combined with a sleeping room, and the Government In- spector of Shipping may exempt any ship of under 300 tons from the provision of this paragraph if he is satisfied that compliance therewith is unreasonable or impracticable in the circumstances.

(4) In every ship of 500 tons or over the mess rooms provided for ratings shall be separate from those provided for the master of the ship or for officers.
(5) In every ship of 1,000 tons or over a single mess room shall be provided for all officers in the ship:
Provided that the officers may be accommodated in separate mess rooms if their sleeping rooms are in widely separated portions of the ship.
(6) In every ship of 1,000 tons or over each of the following classes of ratings shall be provided with mess rooms separate from those provided for the other c1asses-
(a) petty officers of the deck department;
(b) petty officers of the engine-room department;
(c) other ratings of the deck department;
(d) other ratings of the engine-room department.

(7) Subject to the provisions of paragraph (1) of this regulation, the Government In- spector of Shipping may permit the provision in any ship of combined mess rooms as follows-
(a) for petty officers of the deck and engine-room departments;
(b) for petty officers and other ratings of the same department;

(8) Subject as aforesaid, the Government Inspector of Shipping may further permit the provision in any ship of a single mess room for all petty officers and other ratings of all departments, if he is satisfied that such an arrangement is preferred either by the owner of the ship or by an organisation which appears to the Government Inspector of Shipping to be representative of owners of Nigerian ships, and by an organisation which appears to him to be representative of the seamen concerned.
(9) In every ship of 3,000 tons or over, being either-
(a) a ship other than a home trade ship; or
(b) a home trade ship with a catering department of more than 5 persons, mess rooms shall be provided for ratings of the catering department which shall be separate from those provided for ratings of other departments, unless the Government Inspector of Shipping permits a combined mess room for petty officers and other ratings of all departments in accordance with the provisions of paragraph (6) of this regulation.
(10) If in any other ship, a separate mess room is not provided for ratings of the catering department, messing accommodation shall be provided for them in mess rooms provided for other ratings.
(11) Apprentices shall be provided with a separate mess room or with messing accommodation in the officers’ mess room.
(12) The Government Inspector of Shipping may exempt-
(a) any passenger ship; and
(b) any ship engaged in the whaling industry, from the requirements of this regulation to the extent to which he is satisfied that compli- ance therewith is unreasonable or impracticable in the circumstances.
21. Furniture and fittings in mess rooms
(1) Every mess room forming part of the crew accommodation in a ship to which these Regulations apply shall be provided with sufficient tables to allow a space of at least 20 inches measured along the edge of a table for each person likely to use the room at anyone time.

(2) Each table shall be at least 24 inches wide if seats are provided on both sides of the table, and at least 15 inches wide if seats are provided only on one side of the table and the table shall be of such a size and so situated as to be readily accessible.
(3) Single chairs shall be provided in the mess room for each person using the room at anyone time and such chairs shall be fitted with arm rests unless chairs with arm rests are available in a recreation room for the persons using the mess room:

Provided that settees may be substituted for chairs adjacent to a bulkhead or the ship’s side and such settees shall be at least IS inches wide and shall be fitted with upholstered or padded seats covered with material impervious to dirt and moisture, and shall be provided with comfortably shaped backs; and if the mess room is appropriated for use by officers or petty officers, whether or not together with other ratings, the backs of the settees shall also be padded or upholstered and shall be covered with material impervious to dirt and moisturize.
(4) Every mess room provided for persons who do not provide their own food shall be fitted with either-
(a) a storage locker or rack in either case capable of holding sufficient mess utensils for those persons; or
(b) a storage locker at least 15 inches by 15 inches by 12 inches in size for each of those persons.
(5) Every mess room provided for persons who provide their own food shall be fitted with a storage locker for each person which shall be of sufficient size to be capable of containing his mess utensils together with a supply of food sufficient for him for at least seven days.
(6) All storage lockers provided in compliance with paragraph 4 shall be adequately ventilated, and all storage lockers provided for one person shall be fitted with a lock or hasp for a padlock, and shall be so fixed as to clear the floor by at least one foot:
Provided that the lockers or racks may be fitted in a pantry, store room or other suitable place outside a mess room, and readily accessible therefrom. No lockers or racks, being lockers or racks intended to contain food, shall be fitted in a sleeping room, not being a sleeping room combined with a mess room.

(7) A dresser, hot-press, sink and boiler or other means from which boiling drinking water shall always be available shall be fitted in each mess room, unless such equipment is fitted in a pantry readily accessible from the mess room or, in the case of a ship of un- der 1,000 tons, in a galley. Such equipment shall be adequate in size for the number of persons likely to use the room at anyone time.
(8) If, in the case of a mess room provided for officers or petty officers, the dresser is fitted in a pantry, a sideboard shall be provided in the mess room.
(9) A supply of fresh water shall be laid on to the sink and boiler.

(10) The Government Inspector of Shipping may exempt-
(a) any ship of under 1,000 tons from the requirement of a hot-press;
(b) any ship of under 500 tons from any of the requirements of paragraphs 7, 8 and 9.
(11) All tables, lockers, dressers and the un-upholstered parts of chairs and settees in the mess room shall be made of polished hardwood, rustproof metal or other smooth and impervious material not likely to crack, warp or become corroded; and all furniture provided in the mess room shall be so made as not to be likely to harbour vermin.
(12) The Government Inspector of Shipping may exempt-
(a) any passenger ship;
(b) any ship engaged in the whaling industry, from the requirements of this regulation to the extent to which he is satisfied that compliance therewith is unreasonable or impracticable in the circumstances.

22. Recreation spaces and studies
(1) In every ship to which these Regulations apply, being a ship of 3,000 tons or over employed otherwise than as a home trade ship, a smoking room shall be provided for the recreation of the officers, and shall not be combined with a mess room.

(2) The smoking room shall be provided with tables each having a top approximately 4 square feet in area with tub chairs or easy chairs sufficient to accommodate at one time at least one third of the number of officers for whose use the room is provided, and a bookcase.

(3) In every ship to which these Regulations apply, being a home trade ship of 300 tons or over, or a ship of under 3,000 tons regularly employed otherwise than as a home trade ship, the mess room provided for the officers shall be available and furnished for use as a smoking room, unless a separate smoking room is provided for their use.

(4) In every ship to which these Regulations apply, recreation accommodation shall be provided in a mess room or elsewhere for ratings and shall be conveniently situated and appropriately furnished and where such accommodation is provided elsewhere than in a mess room the seating provided shall be sufficient to accommodate at one time at least one third of the number of ratings for whom that accommodation is provided.

(5) The Government Inspector of Shipping may exempt any whale catcher from the requirements of paragraph (4) of this regulation.

(6) If more than two apprentices are accommodated in one sleeping room in a ship to which these Regulations apply, a separate room shall be provided in the ship for their use as a study, unless another suitable place is available to them for purposes of study.

(7) In every ship to which these Regulations apply, being a ship of 500 tons or over, a bookcase shall be provided for, and shall be accessible to, all members of the crew; and the Government Inspector of Shipping may exempt any whale catcher from the requirements of this paragraph.
(8) In every ship to which these Regulations apply space shall be provided on an open deck for the use of the crew for recreational purposes and the space shall be adequate in area (in so far as the ship allows) having regard to the number of persons in the crew.

(9) Separate and appropriate recreation rooms shall be provided wherever required by the widely different national habits and customs of groups or persons in the crew.

23. Office accommodation
(1) In every ship to which these Regulations apply, being a ship of 3,000 tons or over, and not being a ship used in treating whales or engaged in the carriage of persons employed in catching or treating whales, two separate rooms shall be provided for use as offices and shall be appropriately furnished for that purpose and one of such rooms shall be appropriated for use by the chief officer or the officers of the deck department, and the other for use by the chief engineer or for the officers of the engine-room department.

(2) The office accommodation shall be in a room not used for any other purpose except study:
Provided that an office appropriated solely for use by an individual officer may be combined with the day room of that officer.

24. Washing accommodation

(1) In every class of ship to which these Regulations apply, each of the following classes of persons shall be provided with washing accommodation separate from that provided for the other c1asses-
(a) officers and apprentices;

(b) petty officers;
(c) ratings other than petty officers:

Provided that the Government Inspector of Shipping may, in relation to any ship, permit any combination of the foregoing classes to be treated as one class for the pur- poses of these Regulations, if he is satisfied that the circumstances so require.

(2) The washing accommodation shall be situated close to the sleeping accommodation of the persons for whose use it is appropriated:
Provided that part of the washing accommodation for ratings of the engine room department may be adjacent to the engine room and stokehold; and the Government Inspector of Shipping may exempt any whale catcher from the requirements of this paragraph.
(3) Access to washing accommodation shall not be directly obtained from a mess room or a sleeping room and shall wherever reasonable and practicable in the circum- stances be obtained from a passageway:
Provided that access to washing accommodation may be obtained directly from not more than two sleeping rooms accommodating not more than four persons in all, if the washing accommodation is appropriated for use solely by the person or persons accommodated in those sleeping rooms.
(4) The following equipment shall be provided in the washing accommodation for each class of persons referred to in paragraph (1) of this regulation-
(a) one bath or shower for every eight persons;
(b) one wash-basin for every six persons; and
(c) one mirror suitable for toilet purposes for every six persons, and each of such classes shall be provided with at least one bath or shower and at least one wash-basin. One additional bath or shower shall be provided for any of such classes in which the total number of persons exceeds by four or more a multiple of eight, and one additional wash-basin shall be provided for any of such classes in which the number of persons exceeds by three or more a multiple of six.
(5) For the purposes of paragraph (4) of this regulation-

(a) a bath and shower combined shall be deemed to be only a bath;

(b) no account shall be taken, in determining the number of baths and showers required, of-
(i) any private bath or shower; or
(ii) the persons for whose use a private bath or shower is appropriated;

(i) any private wash-basin; or
(ii) the persons for whose use a private wash-basin is appropriated;

(d) a bath, shower or wash-basin shall be deemed to be private if it is appropriated for the exclusive use of not more than four persons.
(6) The Government Inspector of Shipping may exempt from any of the requirements of paragraph (4) of this regulation-
(a) any ship in which the crew number more than 100;
(b) any passenger ship engaged solely on voyages which are normally of less than four hours’ duration.
(7) The wash-basins shall be made of vitreous china or other material having a smooth and impervious surface not likely to crack, flake or become corroded.

(8) Every wash-basin provided in a passenger ship, being a basin fitted with hot and cold fresh-water taps, shall have a capacity of at least one gallon, and every other washbasin provided in compliance with these Regulations shall have a capacity of at least 11/2gallons.
(9) The capacity of wash-basins shall be measured for the purposes of paragraphs (7) and (8) of this regulation to a level at least 11/2inches below the rim of the bowl.
(10) Every bath shall be at least 4 feet 5 inches in internal length unless it is combined with a shower.
(11) Every bath shall be made of vitreous enamelled iron, or other material having a smooth and impervious surface not likely to crack, flake or become corroded.
(12) The floor area of every shower space shall be at least 61/4 square feet, and each side of the space shall be at least 2 feet 6 inches long.
(13) Baths and showers provided for any class of persons shall be situated in or adja- cent to a room containing wash-basins and provided for that class of person.
(14) Screening shall be provided to ensure privacy for any bath or shower which is in the same room as any wash-basin and any other bath or shower, unless the room is ap- propriated for the sole use of one person.
(15) The screening shall be made of robust and opaque material, and shall be rigid on at least three sides of every bath and shower space and shall, wherever reasonable and practicable in the circumstances, enclose sufficient space to permit a person to dress and undress in comfort therein.
(16) Every wash-basin, bath and shower shall be fitted with an efficient and hygienic discharge system and, in particular, the waste pipes shall be fitted in a manner which will minimise the risk of obstruction and facilitate cleaning.
(17) Every shower space shall be fitted with a handrail, a kerb and individual drain- age; and every bath and shower space shall be provided with a grating or mat.
(18) Spring-loaded draw-off taps for hot and cold fresh water shall be fitted on a bulkhead or partition in every wash room provided for ratings, unless taps for hot and Cold fresh water are fitted to each wash-basin in that room; and draw-off taps for cold salt water shall be fitted in every such wash room unless there are other adequate means of washing down the room.
(19) The Government Inspector of Shipping may exempt-
(a) any ship of under 500 tons; and
(b) any whale catcher, from the requirements of paragraph (18) of this regulation relating to hot-water taps to the extent to which he is satisfied that compliance therewith is unreasonable or impracticable in the circumstances.
(20) Nothing in this regulation shall apply to the washing accommodation forming part of a permanent hospital, and for the purposes of paragraph (4) thereof no account shall be taken of any wash-basin, bath or shower fitted in a permanent hospital.

25. Supply of water for washing accommodation
(1) In every ship to which these Regulations apply, there shall be available a supply of fresh water sufficient for the wash-basins, baths and showers fitted in compliance with these Regulations.

(2) The supply shall be provided from tanks of a capacity of at least 10 gallons for each member of the crew for each day likely to elapse between successive replenishments of the water or by other equally efficient means.

(3) If service tanks are fitted for that purpose they shall be directly connected with the ship’s main washing water or drinking water storage tanks.
(4) In ships of 1,000 tons or over any pumping necessary for the supply of fresh wa- ter shall be by mechanical power.
(5) Hot and cold water shall be laid on to all wash-basins, baths and showers fitted in compliance with these Regulations:

Provided that-

(a) in the case of a bath and shower combined, hot and cold fresh water shall be required to be laid on only to the bath or the shower; and
(b) hot and cold fresh water shall not be required to be laid on to wash-basins provided for the sole use of ratings if it is laid on to spring-loaded draw-off taps in the same room in accordance with paragraph (18) of regulation 24 of these Regulations.
(6) Cold fresh water shall be laid on to any wash-basins which are additional to those required by these Regulations and are fitted in sleeping rooms.
(7) The hot fresh water shall be at a constant temperature of at least 1500F and shall be supplied by thermostatically controlled calorifiers or by other equally safe and effi- cient means.
(8) Every shower bath shall be provided with an anti-scalding mixture valve, which shall be adjusted so that the temperature of the shower-water (whether salt or fresh) can be varied by the person using a shower over the range of temperatures between the ambient temperature and a temperature of between 95 of and 105 0F.
(9) The Government Inspector of Shipping may exempt-
(a) any ship of under 500 tons; and
(b) any whale catcher, from the requirement of this regulation relating to the supply of hot water to the extent to which he is satisfied that compliance therewith is unreasonable or impracticable in the circumstances.
26. Supply of drinking water
(1) In every ship to which these Regulations apply, a supply of drinking water shall be provided in the crew accommodation from tanks of an adequate capacity for the pur- pose having regard to the number of persons in the crew and the time likely to elapse between successive replenishment of the water, or by other equally efficient means.
(2) If service tanks are fitted for that purpose they shall be directly connected to the ship’s main drinking water storage tanks and, in ships of 3,000 tons or over, any pumping necessary for the supply of drinking water in crew accommodation shall be by mechanical power.
(3) Cold drinking water shall be laid on to taps in the galleys and pantries, and in the mess rooms provided for those members of the crew for whose use service pantries are not provided.
(4) In every ship to which these Regulations apply, being a ship of 1,000 tons or over employed otherwise than as a home trade ship, means shall be provided whereby the crew shall obtain access to drinking water which has been cooled by passing it through a cooling-tank or by other suitable means.

27. Laundry facilities

(1) In every ship to which these Regulations apply, being a ship of 500 tons or over, washing troughs or other suitable facilities shall be provided to enable the crew to wash their clothes, and shall be adequate in size and sufficient in number for that purpose.

(2) The troughs shall be made of or coated with hygienic and durable material having a smooth and impervious surface not likely to crack, flake or become corroded and the troughs or other facilities shall be situated in a room appropriated for use only as a laun- dry:

Provided that the troughs or other facilities may be situated in the crew’s washing accommodation if the provision of a separate laundry is unreasonable or impracticable in the circumstances and the troughs or other facilities shall be provided with an adequate supply of hot and cold fresh water, and shall be so arranged as to discharge overboard or into an enclosed tank served by a mechanically operated suction pump.

(3) The Government Inspector of Shipping may exempt any whale catcher from the requirements of paragraph (2) of this regulation if he is satisfied that the wash-basins
provided therein in compliance with regulation 24 of these Regulations are suitable for washing clothes.

(4) In every ship to which these Regulations apply, rooms for drying the crew’s clothes shall be provided and shall be separate from sleeping rooms, mess rooms, recreation rooms, offices, storerooms, galleys, pantries and hospitals and shall be fitted with racks or rods with sufficient space having regard to the number of persons in the crew and the duration of the voyages on which the ship is intended to be engaged.

(5) The heating of such rooms shall be capable of being controlled independently of the heating of any other space in the ship, and the exhaust ventilation of such rooms shall be independent of all other spaces in the ship unless it is provided by a trunked mechanical ventilation system:

Provided that in ships of under 500 tons drying cabinets or other suitable facilities may be substituted for a drying room.

(6) In every ship to which these Regulations apply adequately ventilated compartments or lockers shall be provided for hanging oilskins and working clothes used by the crew, and separate compartments or lockers shall be provided for officers and ratings.

(7) The compartments or lockers shall be situated outside the sleeping rooms of the crew and in a position readily accessible therefrom; and the Government Inspector of Shipping may exempt any ship of under 500 tons from any of the requirements of this paragraph and paragraph (6) of this regulation.

28. Water closets

(1) In every ship to which these Regulations apply each of the following classes of persons shall be provided with water closets separate from those provided for the other classes-
(a) officers and apprentices;
(b) petty officers;
(c) ratings other than petty officers:

Provided that the Government Inspector of Shipping may, in relation to any ship, permit any combination of the foregoing classes to be treated as one class for the purposes of this regulation if he is satisfied that the circumstances so require.

(2) Water closets shall be provided as follows-

(a) one for every eight persons in each of the classes as aforesaid and each of such classes shall be provided with at least one water closet, and one additional water closet shall be provided for any of such classes in which the total number of persons exceeds by four or more a multiple of eight:
Provided that-

(i) in determining the number of water closets required by this sub- paragraph, no account shall be taken of any private water closet, or the persons for whose use a private water closet is appropriated;
(ii) if the number of persons in any class exceeds 100, the number of water closets provided for that class shall be the greater of the following- thirteen, or ten, together with four per cent of the number of persons in excess of 100, calculated to the next following whole number, and for the purpose of this sub-paragraph, a water closet shall be deemed to be private if it is appropriated for the sole use of not more than four persons; and the Government Inspector of Shipping may exempt from the requirements of this sub-paragraph any passenger ship engaged solely in voyages, the normal duration of which does not exceed four hours;
(b) in addition to the water closets required by sub-paragraph (a), there shall be provided such number of water closets, if any, as is required to increase the total number of water closets provided for the crew to the following-
(i) in ships of 500 tons but under 800 tons 3;
(ii) in ships of 800 tons but under 3,000 tons 4;
(iii) in ships of 3,000 tons or over 6;
(c) in determining the number of water closets required by this paragraph no account shall be taken of any water closet forming part of a permanent hospital.

(3) The water closets shall be situated close to the sleeping rooms of the persons for whom they are provided and in particular, a water closet shall be situated close to the sleeping rooms of any radio officers in the crew if such sleeping rooms are in a position remote from other sleeping rooms.

(4) If the entrance to a water closet is from an open deck, the entrance shall, if practicable, be properly screened.
(5) If the means of entry into water closets forming part of the crew accommodation is from a passageway leading to other parts of the crew accommodation, a lobby shall be provided at the entrance of the water closet or, where a lobby is not practicable, a selfclosing door and any doors between a water closet and a passageway shall be close-fitting and without apertures.
(6) The Government Inspector of Shipping may exempt any ship from the require- ment that the doors shall be close-fitting and without apertures to the extent to which he is satisfied that the exhaust ventilation arrangements from the water closet render compliance therewith unnecessary.

(7) Access to water closets shall not be obtained directly from a mess room or sleep- ing room:

Provided that access to a water closet may be obtained directly from not more than two sleeping rooms altogether accommodating not more than four persons, if the persons so accommodated are three or four in number, the water closet pedestal shall be so screened as to ensure privacy.
(8) Every water closet shall be completely enclosed by bulkheads and shall be pro- vided with exhaust ventilation directly to the open air:

Provided that a water closet may be separated by a partition consisting of steel or other opaque and rigid material open at the top and bottom from-
(a) another water closet; a urinal; or(c) washing accommodation if the water closet is served by a trunked mechanical ventilation system which effectively removes odours therefrom.
(9) Every water closet shall be so constructed as to facilitate cleaning and not to har- bour dirt or vermin.
(10) Subject to the provisions of paragraph (11) of this regulation, every water closet shall be provided with the following-
(a) a water closet pedestal of single type with-
(i) a pan of white vitreous china or other suitable material;
(ii) a seat of polished hardwood or other suitable material, with an opening of 4 inches at the front;
(iii) a trap with a metal inspection plate; and
(iv) an efficient ventilator connected to the outlet;
(b) an adequate flush of water, which shall be always available and supplied through self-closing non-concussive supply valves with a portable seating in metal which is not likely to become corroded;
(c) a soil pipe not less than four inches in diameter, so constructed as to facilitate cleaning and minimise the risk of obstruction; the pipe shall have a direct overboard outfall fitted with a storm-valve, unless it is connected with a main sewage outfall by an efficient and hygienic system;

(d) a device for holding toilet paper;
(e) a handrail or grip.
(11) Every water closet provided for the exclusive use of such ratings as are referred to in paragraph (2) of regulation 39 of these Regulations shall be designed and equipped in a manner suited to the national habits and customs of those ratings and in particular, shall be provided with-
(a) a water closet pedestal of single type with a trapped pan of white vitreous china or other suitable material;
(b) an arrangement which automatically flushes the pan at intervals not exceeding five minutes and provides a continuous trickle of water; and
(c) a soil pipe such as is referred to in sub-paragraph (c) of paragraph (10) of this regulation; and the pipe shall be fitted with a metal inspection plate and efficient ventilation, and the Government Inspector of Shipping may exempt any ship from the requirements of this paragraph if he is satisfied that the water closets provided for the aforesaid ratings comply with the requirements of paragraph (10) of this regulation and have been properly adapted so as to be suited to the national habits and customs of those ratings.

(12) The provisions of this regulation shall not apply to water closets forming part of a permanent hospital.
29. Galleys
(1) Every ship to which these Regulations apply shall be provided with a galley for the preparation of food for the crew, unless the circumstances are such that no members of the crew are required to mess on board.

(2) The galley shall be situated as near as may be to the mess rooms provided for the crew and any necessary equipment shall be provided to enable food to be served hot in the mess rooms under all weather conditions.
(3) The galley shall be situated in a position which will prevent, as far as is practicable, the entry into the galley of coal dust from coal chutes or bunker hatchways.
(4) There shall be no direct opening between the galley and any sleeping room and the Government Inspector of Shipping may exempt any ship of under 500 tons from the requirements of this paragraph.
(5) Any galley situated on an open deck shall be provided with weather doors which are horizontally divided into halves, so that the upper half can be opened independently of the lower half, if such a division is necessary for the lighting, ventilation or privacy of the galley or for the service of food therefrom.
(6) Every galley shall, so far as is reasonable and practicable, be lighted by natural lighting from all the sides and from overhead.
(7) Every galley shall be provided with at least three fixed points for artificial lighting, one of which shall be situated close to a cooking range required by this regulation. The Government Inspector of Shipping may exempt any ship of under 1,000 tons from the requirements of this paragraph.
(8) If the galley is situated on an open deck, openings shall be cut in the sides and ends of the galley for ventilation purposes and shall be fitted with dust-tight shutters made of steel or other suitable material and permanently attached to the structure of the galley; and the Government Inspector of Shipping may exempt any ship from the requirements of this paragraph if he is satisfied that compliance therewith is unreasonable or impracticable in the circumstances.
(9) Every galley shall be provided with exhaust fans which discharge the fumes into the open air; and the Government Inspector of Shipping may exempt from the require- ment of this paragraph-

(a) any ship of under 1,000 tons;

(b) any other ship, if he is satisfied that the galley is so situated that the fumes therefrom can discharge only into the open air.
(10) The floor of the galley shall be provided with gutters and with scuppers which shall be led overboard or to an enclosed tank served by a mechanically operated suction pump and the position and number of the gutters shall be such as will ensure the efficient drainage of the floor.
(11) The cooking appliances in the galley shall be arranged in a manner which will facilitate the cleaning of the galley.
(12) All cupboards and dressers in the galley shall be made of material which is impervious to dirt and moisture and can easily be kept clean and all metal parts of the cupboards and dressers shall be rustproof.
(13) The cupboards and dressers shall be so made as not to be likely to harbour dirt or vermin and the bottoms of all the cupboards and dressers shall either be tlush with the deck or shall be so fitted as to enable the deck space beneath them to be readily accessible for cleaning.
(14) Every galley shall be provided with such equipment as will enable food in sufficient quantity to be properly and readily prepared for the persons whom the galley is intended to serve, and the cooking utensils to be hygienically cleansed.
(15) Without prejudice to the generality of the preceding paragraph-
(a) every galley shall be provided with one or more cooking appliances with-
(i) a total oven capacity, suitable for roasting and baking, of at least 1/4 cubic foot; and
(ii) an area of range top-plate or boiling table, amounting to at least
1/3square foot, for each person whom the galley is intended to serve; and the Government Inspector of Shipping may exempt any ship from any of the requirements of this sub-paragraph in so far as they relate to cooking appliances in galleys intended to serve more than 60 persons, or to the area of any top-plate or boiling table in which electricity or heat-storage is employed, or to the area of any appliance which the Government Inspector of shippingis satisfied is of unusual design;
(b) every galley shall be provided with atleast the number of ovens and fire-gates specified in the following table-

Number of persons whom the galley is intended to serve Number of ovens Number of fire-gates
Not more than 20 1 1
More than 20, but not more than 30 2 1
More than 30 but not more than 60 2 2
More than 60 3

Provided that no tire-gate shall be required in a galley fitted only with electric gas cooking appliances; and the Government Inspector of Shipping may exempt any ship from the requirement of a second fire-grate if he is satisfied that adequate heat is readily available from one fire-grate and that adequate provision of spare parts is made for such grate and for any equipment necessary for its proper operation;

(c) the top-plate of every cooking range shall be at a height which will enable it to be conveniently used by a person of normal standing on the floor of the galley, unless a separate boiling table is provided at such a height; and the Government Inspector of Shipping may exempt any ship from the requirements of this paragraph, if he is satisfied that compliance therewith is unnecessary by reason of the voyages on which the ship is intended to be engaged or the national habits and customs of the persons whom the galley is intended to serve.
(16) Salt-water taps shall not be filled over a sink in any galley or other place in which food may be prepared for the crew.
(17) Hot and cold fresh water shall be laid on to a sink in the galley for washing-up purposes, and a connection shall be provided on a water pipe in the galley, and shall be suitable for the connection of a hose with which the floor may be scoured.
30. Dry provision storeroom
(1) In every ship to which these Regulations apply, not being a ship in which each member of the crew provides his own food, one or more storerooms shall be provided for the storage of dry provisions for the crew and such rooms shall be filled with sufficient shelves, cupboards and bins having regard to the maximum period likely to elapse between successive replenishments of stores and to the maximum number of persons for whom food is to be served.
(2) Every dry provision storeroom shall be enclosed by bulkheads constructed of steel or other suitable material.
(3) Access to every dry provision storeroom shall be obtained from a passageway, galley, pantry or another storeroom, or from a position on an open deck which, in so far as is reasonable and practicable in the circumstances, shall be a protected position.
(4) Every dry provision storeroom shall be so situated, constructed and ventilated as to avoid deterioration of the stores through heat, draught, condensation or infestation by insects or vermin.
(5) Without prejudice to the generality of the foregoing paragraph, no dry provision storeroom shall be situated over a boiler room or any other space in which heat is generated or shall adjoin a galley or machinery casing; and the Government Inspector of Ship may exempt any ship from the requirements of this paragraph if he is satisfied that compliance therewith is unreasonable or impracticable in the circumstances and that the dry provision storeroom is adequately insulated.
(6) No part of a dry provision storeroom shall be used for the storage of bedding or textiles.
31. Cold storerooms and refrigerating equipment

(1) In every ship to which these Regulations apply, refrigerating equipment and cold storerooms shall be provided and shall be, having regard to the period likely to elapse between successive replenishments of stores, adequate for the storage of perishable provisions for the crew. The Government Inspector of Shipping may exempt any ship of under 1,000 tons from the requirements of this paragraph if he is satisfied that the ship is provided with adequate alternative equipment for the storage of perishable provisions.

(2) Access to every cold storeroom shall be obtained from a passageway, galley or pantry or from another storeroom.

32. Hospitals

(1) Every ship to which these Regulations apply, being a ship (other than a whale catcher or a tug) which is intended to be at sea on any occasion for a continuous period of more than three days with a crew of fifteen or more persons, shall be provided with a space appropriated for use as a permanent hospital for the crew and the space so appropriated shall not at any time be used for any purpose other than for the treatment of sick person.

(2) The Government Inspector of Shipping may exempt from the requirement of paragraph (1) any ship engaged only on voyages or excursions wholly between ports within Nigeria.
(3) In every other ship to which these Regulations apply, a room shall be appropri- ated for use, when necessary, as a temporary hospital and when such room is in use as a hospital it shall not be used for any purpose other than the treatment of sick persons.

(4) The Government Inspector of Shipping may exempt any ship from the require- ment of paragraph (3) of this regulation if he is satisfied that compliance therewith is unnecessary in the circumstances.

(5) Every hospital, whether permanent or temporary, shall be situated in a position which will ensure the greatest possible quiet and comfort for the patients.

(6) The hospital shall be readily accessible and, in the case of a ship not carrying a duly qualified medical practitioner or duly qualified nurse exclusively employed as a member of the crew, shall be so situated as to be readily accessible from the sleeping accommodation of the master of the ship or a person appointed by the master to take charge of the patients and be so situated as to facilitate the proper treatment of patients in all weathers.
(7) The minimum width of the entrance to every permanent hospital shall be 30 inches or as near thereto as is practicable in the circumstances and the hospital shall be so arranged that a stretcher can easily be carried into the hospital and placed alongside at least one single-tier bed therein.

(8) The floor covering in every permanent hospital shall, as far as is practicable, be free from joints.

(9) Every permanent hospital shall include a hospital ward fitted on at least two sides with side scuttles at least 12 inches in diameter and the side scuttles shall be capable of being opened:

Provided that, if it is not practicable to tit a side scuttle on two sides of the hospital ward, a skylight, capable of being opened and of as large a size as is practicable, may be substituted for a side scuttle on one side of the ward; and all side scuttles in the hospital, and any skylight therein which is exposed to the direct rays of the sun, shall be provided with curtains, blinds or jalousies.
(10) The Government Inspector of Shipping may exempt from the requirements of paragraph (8) of this regulation-
(a) any ship of under 1,000 tons; and
(b) any other ship, if he is satisfied that the permanent hospital therein is fully airconditioned or served by a trunked mechanical ventilation system.
(11) In addition to any mechanical ventilation required by regulation 13 of these Regulations, every permanent hospital shall be provided with adequate natural supply and exhaust ventilation to the open air by means of ventilators, independent of the ventilators

provided for any other space in the ship; and the Government Inspector of Shipping may exempt any ship from the requirement of this regulation if he is satisfied that compliance therewith is unreasonable or impracticable in the circumstances.

(12) Every permanent hospital shall be provided with an electric fan, unless it is served by a trunked mechanical ventilation system.
(13) Any radiators in a permanent hospital shall be installed as far away as is practicable from the heads of beds.
(14) In addition to the lighting required by regulation 12 of these Regulations, every permanent hospital shall be provided with a portable electric lamp and with such accessories as are necessary for its use.
(15) In every ship which is required by this regulation to be provided with a permanent hospital at least one bed shall be provided in a hospital ward for every 50, or fraction of 50, members of the crew; and the Government Inspector of Shipping may exempt from the requirement of this paragraph any ship carrying more than 300 persons, to the extent to which he is satisfied that compliance therewith is unreasonable or impracticable in the circumstances.
(16) At least one single-tier bed shall be provided in a ward in every permanent hospital and the bed shall, if practicable, be so arranged as to be accessible from both sides and from the foot.
(17) If any beds in the ward are arranged in double tiers, the upper tier shall be hinged or shall be removable.
(18) Subject to the foregoing provisions of paragraphs (16) and (17) of this regula- tion, the provisions of paragraphs (3) to (13) (a) inclusive and paragraph (12) of regulation 18 of these Regulations shall apply to hospital beds as they apply to beds in a sleeping room.

(19) In every ward in a permanent hospital one of each of the following items of equipment shall be provided for each bed in the hospital ward and shall be within reach of that bed-

(a) a locker approximately one foot square by two feet high, and fitted with a flat top and a shelf;
(b) a water bottle; and
(c) a tumbler.
(20) In every ward in a permanent hospital the following items of equipment shall be provided-
(a) seats adequate in number, having regard to the number of beds in the ward;
(b) a clothes locker additional to that required by paragraph (19) of this regulation, and complying with the specifications set forth in sub-paragraph (a) (ii) of paragraph (1) of regulation 19 of these Regulations;
(c) a box cover which will conceal a bed-pan; and
(d) electric bell-pushes so arranged as to be within reach of each bed and communicating with the sleeping room of the person in charge of the patients.
(21) A wash-basin having a capacity of at least 1/2 gallons shall be fitted in every permanent hospital and in ships of 5,000 tons or over a bath at least 4 feet 5 inches in internal length shall be fitted in washing accommodation forming part of the hospital and adjacent to the hospital ward.

(22) The wash-basin and bath shall be made of or coated with hygienic and durable material having a smooth and impervious surface not likely to crack, flake or become corroded and be fitted with an efficient and hygienic discharge system separate, if practicable, from any other discharge system in the ship and in particular the waste pipes shall be fitted in a manner which will facilitate cleaning.

(23) A scupper at least two inches in diameter shall be fitted in the lowest part of any room (other than a ward) which contains such wash-basin or bath.
(24) The Government Inspector of Shipping may exempt any ship from the requirement of a bath in a permanent hospital, if he is satisfied that compliance therewith is unreasonable or impracticable in the circumstances.
(25) A water closet pedestal shall be fitted as part of every permanent hospital and it shall comply with the following specifications-

(a) it shall be fitted either in a water closet or in washing accommodation forming part of the hospital;
(b) access to the water closet pedestal (or washing accommodation, as the case may be) shall be obtained directly from the hospital ward or from a lobby forming part of the hospital; and the Government Inspector of Shipping may exempt any ship from the requirement of this sub-paragraph if he is satisfied that compliance therewith is impracticable in the circumstances, and that the water closet forming part of the hospital is situated sufficiently near to the ward;
(c) the room in which the water closet is installed shall be provided with a gas- tight, self-closing door unless it is served by a mechanical system of exhaust ventilation, and shall be so constructed as to facilitate cleaning and not to harbour dirt or vermin;

(d) such room shall be ventilated in the manner specified in paragraph (8) of regulation 28 of these Regulations and shall comely with the requirements of paragraph (10) or (11) of the said regulation, whichever shall be applicable in the circumstances.

(26) In all ships engaged, whether temporarily or permanently, on voyages to the Persian Gulf area between the months of May and October inclusive, consideration shall, wherever practicable, be given to the provision in every hospital in every such ship for a means of air-conditioning of sufficient capacity to maintain 84° Fahrenheit (dry bulb) with 52 per cent relative humidity when the ambient conditions are 90° Fahrenheit (dry bulb) and 78 per cent relative humidity and this may be by independent unit.

(27) The Government Inspector of Shipping may exempt any ship of under 500 tons from any of the requirements of this regulation.
33. Medical cabinet
(1) In every ship to which these Regulations apply, a medical cabinet shall be provided in a position adjacent to the permanent hospital, if any, required by regulation 32 of these Regulations or near to the sleeping room of the person in charge of sick persons on board and the medical cabinet shall be fitted in a position which is remote from all sources of heat, and will remain dry.
(2) The medical cabinet shall be of a size, design and construction suitable for storing the medicines, medical stores and the book of instruction provided in the ship for the benefit of the seamen on board, and in particular, the medical cabinet shall be provided with the following-
(a) an outer door fitted with an efficient lock;
(b) an inner cupboard fitted with a door and a lock which shall be incapable of being opened by the key to the lock referred to in sub-paragraph (a) of this paragraph; and such inner cupboard shall be used solely for the storage of poisonous drugs;
(c) shelves so constructed as to facilitate the identification of medicine stored thereon;
(d) a dispensing counter or dispensing table, in either case with a surface which can easily be kept clean;
(e) at least two drawers suitable for the storage of medical stores and used solely for that purpose;
(f) fittings which will enable hot-water bottles to be carried in a hanging position;
(g) a rack suitable for holding devices for measuring medicines;
(h) a book containing readily understandable instructions for the use of medicines and medical stores provided for the crew, unless the ship carries a duly qualified medical practitioner as a member of the crew, and the Government Inspector of Shipping may exempt any ship from the requirements of this paragraph to the extent to which he is satisfied that compliance therewith is impracticable having regard to the size or intended service of the ship.
(3) The medical cabinet shall be lighted by an electric light which shall be inside or immediately outside the cabinet, and which will enable all the contents of the cabinet to be clearly seen in the absence of light from any other source.
(4) The medical cabinet and the place in which it is fitted shall be so ventilated as to avoid deterioration of the contents of the cabinet.

(5) The Government Inspector of Shipping may exempt from any of the requirements of this regulation any ship of under 500 tons, being a ship wholly engaged on voyages or excursions between ports in Nigeria only, if he is satisfied that compliance therewith is unreasonable or impracticable in the circumstances.

34. Protection from mosquitoes
(1) In every ship to which these Regulations apply, being a ship regularly engaged on voyages to any port to which this regulation relates, the crew accommodation, other than galleys, storerooms and recreation spaces on the open deck shall be provided with pro- tection against the admission of mosquitoes, and such protection shall be provided by means of screens of rust-proof wire or other suitable material which shall be fitted to all side scuttles, natural ventilators, skylights, and doors leading to the open deck.
(2) Any door to which such screens are fitted, being a door at the entrance to a permanent or temporary hospital, shall be of a self-closing type.
(3) The ports to which this regulation relates are the following-
(a) Ports between 20° North Latitude and 20° South Latitude on the coasts of-

(i) Asia, including the East Indian Archipelago and the Philippine Islands, but excluding Aden, Bombay, Madras, Vizagapatam, Colombo, Trincomalee, Singapore, Penang and Port Swettenham;
(ii) Africa, excluding Port Sudan and Massawa;
(iii) New Guinea, New Britain, New Ireland, New Hebrides and the Solo- mon Islands;
(b) Ports on the coasts of Madagascar.
(4) Any ship the crew accommodation of which is fully air-conditioned may not be required to comply with all of the requirements of paragraph (1) of this regulation pro- vided that special locking arrangements are incorporated for all side scuttles and win- dows, and openings which are required by these Regulations as means of escape or those forming permanent openings to the open deck, must however, at all times, be adequately fitted with screens.
35. Maintenance and inspection of crew accommodation
(1) The crew accommodation in every ship to which these Regulations apply shall be maintained in a clean and habitable condition, and all equipment and installations re- quired by these Regulations shall be maintained in good working order.

(2) Every part of the crew accommodation (not being a storeroom) shall be kept free of stores and other property not belonging to or provided for the use of persons from whom that part of the accommodation is appropriated, and in particular no cargo shall be kept in any part of the crew accommodation.

(3) The master of the ship or an officer appointed by him for the purpose shall inspect every part of the crew accommodation at intervals not exceeding seven days, and shall be accompanied on the inspection by one or more members of the crew.

(4) The master of the ship shall cause to be entered in the ship’s official log book a record of-

(a) the time and date of the inspection;
(b) the names and ranks of the persons making the inspection;
(c) particulars of any respects in which the crew accommodation or any part thereof was found by any of the persons making the inspection not to comply with these Regulations.
36. Inspection by surveyor of ships
The crew accommodation in every ship to which these Regulations apply shall be in- spected by a surveyor of ships whenever-

(a) the ship is registered or re-registered in Nigeria;
(b) any part of the crew accommodation in the ship undergoes substantial altera- tions or repairs;
(c) the number of persons accommodated in any sleeping room is increased above that marked in accordance with paragraph (1) of regulation 16 of these Regulations;

(d) in the opinion of a surveyor there is reason to believe (whether or not in consequence of a complaint) that any of the provisions of these Regulations has been contravened in respect of that ship, or that any condition subject to which the Government Inspector of Shipping has exempted the ship from a requirement of these Regulations has not been satisfied;

(e) a request for an inspection of the crew accommodation has been made to the Government Inspector of Shipping or to a surveyor of ships by or on behalf of the owner of the ship or of any organisation which appears to the Government Inspector of Shipping to be representative of the owners of Nigerian ships or the seamen concerned; or

(f) a complaint has been lodged with a surveyor of ships or with a superintendent or shipping master, which complies with the following requirements-
(i) the complaint shall be in writing, signed by one member of the crew in the case of a ship of under 1,000 tons, and by three members of the crew in the case of any other ship;
(ii) the complaint shall specify the respects in which it is alleged that the crew accommodation in the ship does not comply with these Regulations;
(iii) the complaint shall be lodged without undue delay;
(iv) the complaint shall be lodged at least 24 hours before the ship is due to sail, unless the ship is in port for less than 24 hours.
37. Fees
In respect of any inspection of a ship carried out for the purposes of sub-paragraph (b), (c), (d), (e), or (f) of regulation 36 of these Regulations, the following fee shall be paid-

(a) For each visit to the ship #4. 50
(b) Maximum total fee in each case #30. 00.

Provided that no fee shall be payable in respect of an inspection made in pursuance of the aforesaid sub-paragraph (f) if the Government Inspector of Shipping is satisfied that the inspection was made in consequence of an unjustified complaint.

38. Accommodation shared with passengers
(1) No accommodation provided in compliance with these Regulations shall be used, or appropriated for use, by passengers. No galley or storeroom provided in compliance with these Regulations shall be used, or appropriated for use, for the preparation or storage of food for passengers.

(2) The Government Inspector of Shipping may exempt any ship from the requirements of these Regulations, not being requirements relating to sleeping rooms, or office accommodation, to the extent to which he is satisfied that accommodation equal or superior in standard to the accommodation required by these Regulations is available for the use of service of the crew in common with passengers.
39. Additional exemptions

(1) The Government Inspector of Shipping may exempt-
(a) any ship while under construction;
(b) any ship while undergoing trials;
(c) any ship of under 200 tons;
(d) any tug;
(e) any ship which, in his opinion, is primarily employed in a harbour, river, estu- ary, lake or canal;
(j) any passenger steamer in respect of which there is in force a passenger certificate of Class III or IV; and
(g) any ship engaged in the whaling industry, from the requirements of these Regulations to the extent to which he is satisfied that compliance therewith is unreasonable or impracticable in the circumstances.
(2) The Government Inspector of Shipping may exempt from the requirements of these Regulations any ship in which by reason of the type of ratings employed, it is necessary to employ a substantially greater number of ratings than would normally be re quired, if he is satisfied that the ship is provided with crew accommodation for such rat- ings that is suited to their distinctive national habits and customs and, in the case of mess rooms, sanitary accommodation and hospitals, is equal or comparable in standard to the crew accommodation required by these Regulations.
(3) The Government Inspector of Shipping may, after consultation with the owners of the ship, or such organisation or organisations as appear to him to be representative of owners of Nigerian ships, and with such organisation or organisations as appear to him to be representative of seamen employed in Nigerian ships, exempt any ship from any of the requirements of these Regulations if he is satisfied that corresponding advantages are provided in the ship so that the crew accommodation, considered as a whole, is equivalent or superior in standard to that required by these Regulations.
40. Non-deductible spaces
In the measurement of a ship to which these Regulations apply for the purpose of ascertaining her registered tonnage no deduction shall be allowed for-
(a) any space appropriated for the storage of fresh water for the use of the crew;
(b) any excess in volume of the space appropriated for the storage of provisions (other than fresh water) for the crew over 15 per cent of the total volume of the other spaces provided in the ship as crew accommodation and accommodation for the master of the ship; and
(c) any space forming part of the crew accommodation which has not been first included in the measurement of the ship’s tonnage.
FIRST SCHEDULE
[Regulations 3 and 13 (5).]

Trunked mechanical ventilation system
1. The trunked mechanical ventilation system referred to in regulation 3 and paragraph (5) of regulation 13 of these Regulations (in this Schedule referred to as “the system”) shall, in relation to the spaces specified in the second column of Table I annexed hereto, be capable of the respective standards of performance specified in the third or fourth column of that Table, whichever standard shall be the higher in the circumstances:
Provided that nothing in Table I shall be taken to relate to a space specified in the second column of Table II annexed hereto.

2. The system shall, in relation to the spaces specified in the second column of Table II, be capable of the respective standards of performance specified in the third and fourth columns of that Table.

3. If any storeroom is served by a fan which provides warmed air for any other space, the storeroom shall be provided with ventilation trunking separate from that serving such other space.
4. The clear area of the exhaust openings provided in conjunction with the system shall be sufficient to ensure that the velocity of air at each exhaust opening does not exceed 1,000 feet per minute when the system is in operation.
5. The speed of every supply fan forming part of the system shall be capable of being varied, where direct current motors are used.
6. The system shall be quiet in operation.
7. All trunking forming part of the system shall be provided with non-return flaps where such flaps are necessary for the exclusion of effluvia and the preservation of the health of the crew.
8. If the system is designed to circulate heated air as the sale means of heating the crew accommodation, the system shall be sub-divided into sections, which can be separately controlled to the extent necessary to enable a comfortable temperature to be maintained in all parts of the crew accommodation.
TABLE 1

1 2 3 4
Cate gory Fresh air changes per hour Volume of fresh air, in cubic feet per minute, for each person likely to use the room at anyone time
A
Rooms (other than rooms in category C) in deck houses above the upper or shelter deck-
(a) outside rooms (other than rooms adjoining machinery casing);
(b) inside rooms and rooms adjoining machinery casing

50
B Rooms (other than rooms in Category C) in side-to-side superstructures above the upper or shelter deck-
(a) outside rooms(other than rooms adjoining machinery casing)
(b) inside rooms and rooms adjoining machinery casing.

12
15

50
50
C Mess rooms, smoking rooms and recreation rooms (in each case above the upper or shelter deck)-
(a) not adjoining machinery casing;
(b) adjoining machinery casing.

15
18

25(a)
25(a)
D
Passageways adjoining machinery casings.

E
Rooms in between decks (including shelter between decks) of ships propelled by internal combustion machinery-

(a) rooms clear of machinery casing;

(b) rooms abreast of but not adjoining machinery casing;

( (c) rooms adjoining machinery casing (other than mess rooms, smoking rooms and recreation rooms);

(d) mess rooms, smoking rooms and recreation rooms (in each case adjoining machinery casing).

12
12

50
50

25
F Rooms in between decks (including shelter between decks) of steamships-

(a) rooms clear of machinery casing;
(b) rooms abreast of, but not adjoining machinery casing;
(c) rooms adjoining machinery casing (other than mess rooms, smoking rooms and recreation rooms);
(d) mess rooms, smoking rooms and recreation rooms (in each case adjoining machinery casing).

12
15
18

50
60
60

1. Whatever the number of persons likely to use the room at anyone time, the total volume of fresh air per minute shall not be required to be such as would result in more than twenty fresh changes per hour.
TABLE ll

1
Category 2 3 4
Fresh air changes per hour
Supply Exhaust
G Galleys 20 (c), (d) 40 (d)
H Sanitary accommodation, drying rooms and 10
J Wards in permanent hospitals 12 or such greater number as would result in supply of not less than cubic feet of fresh air minute for each bed in the room.
K Dry provision storerooms Not less than 10(e) and not more than 20

2. Whatever the number of persons likely to use the room at anyone time, the total volume of fresh air per minute shall not be required to be such as would result in more than 25 fresh air changes per hour or 15, if at least two sides of the galley are exposed to the weather.
3. The Government Inspector of Shipping may exempt any ship from these requirements to the extent that he is satisfied that compliance therewith is unnecessary by reason of the insulation of the equipment in the galley, or by reason of the size of the galley, subject to the provisions of regulation 30 (4) of these Regulations.

SECOND SCHEDULE [Regulations 8 (2) and 9 (3).]
Deck sheathings
1. The material referred to in paragraph (3) of regulation 8 and paragraph (3) of regulation 9 of these Regulations (in this Schedule referred to as “the material”) shall comply with the following requirements-
(a) Foothold-the material, whether wet or dry, shall provide a good foothold. (b) Thermal Insulation-
(i) if the material covers a deck exposed to the weather, it shall provide thermal insulation not less than that provided by a wooden deck 21/4 inches thick;

(ii) if the material covers any other deck, it shall provide a warm and comfortable surface;
(c) Fire Resistance-the material shall be such as will not readily ignite in the position in which it is laid.
(f) Water absorption-the material shall be such that, after being immersed in water for a period of 48 hours, the moisture content of the material will not exceed 7 per cent of its dry weight. The Government Inspector of Shipping may exempt any ship from the requirement of this sub-paragraph.
(e) Adhesion-the material shall be so laid as to adhere closely under all conditions of service to the surface on which it is laid.
(f) Non-corrosion-the material shall not contain any substance which may cause corrosion of the deck on which it is laid, unless the deck is effectively protected from corrosion by a coating applied for that purpose.
(g) Danger to persons-the material shall be such as will not produce any injurious effect upon persons who may come in contact with it.
(h) Resistance to wear and weather-the material shall be sufficiently hard and strong to withstand all conditions of service and shall be sufficiently flexible to prevent cracking under those conditions.
2. If the material is laid in a permanent hospital, it shall be material not likely to be damaged by surgical spirit or other liquids, which may be used in the hospital.
3. If the material is laid on the crown of an oil fuel tank, the material shall be such that if it is immersed in fuel oil for a period of 24 hours at a temperature of 150 0F. the weight of the material will not increase by more than 1 per cent and the material will not be penetrated by the oil.
THIRD SCHEDULE [Regulation 8 (2).]
Insulating material for the underside of decks
The insulating material referred to in paragraph (2) of regulation 8 of these Regulations (in this Schedule referred to as “the material”) shall comply with the following requirements-

(a) Thermal insulation-the material shall provide thermal insulation not less than that provided by a wooden deck 2 ¼ in. thick.

(b) Fire resistance-the material shall be such as will not readily ignite in the position in which it is laid.

(c) Adhesion-the material shall be so laid as to adhere closely under all conditions of service to the deck under which it is laid.
(d) Non-corrosion-the material shall not contain any substance which may cause corrosion of the deck under which it is laid, unless the deck is effectively protected from corrosion by a coating applied for that purpose.

FOURTH SCHEDULE [Regulation 16.]

Marking
PART I
Markings for sleeping rooms
Certified for (a)* seamen. Certified for (b)* seamen.
Certified for (a)* seamen or (b)* seamen.

PART II
Markings for spaces other than sleeping rooms Certified for chief officer (c) *
Certified for officers.
Certified for petty officers.
Certified for apprentices.
Certified for crew.
(a) * There shall here be inserted the maximum number of seamen who may be accommodated in the room in accordance with these Regulations when it is not appropriated for use solely by such ratings as are referred to in regulation 39 (2).
(b) * There shall here be inserted the maximum number of seamen who may be accommodated in the room in accordance with these Regulations when it is appropriated for use solely by such ratings as are referred to in regulation 39 (2).
(c) * In the case of a room intended for the sole use of any other officer the rank of that officer shall here be substituted.

MERCHANT SHIPPING (ACCEPTED LOAD LINE CONVENTION CERTIFICATES) ORDER

ARRANGEMENT OF ORDERS

ORDER

1. Short title.
2. Certificates accepted.
3. Form of certificate.
4. Certificates to be applicable to current voyage.
5. Certificate to show by whom issued, etc.
6. Certificate to show date and period of validity, etc.
7. Countries which have accepted Convention.

FIRST SCHEDULE
International Load Line Certificate
SECOND SCHEDULE
MERCHANT SHIPPING (ACCEPTED LOAD LINE CONVENTION CERTIFICATES) ORDER [LN. 70 of 1964.] under section 185

[2nd July, 1964]
[Commencement.]
1. Short title
This order may be cited as the Merchant Shipping (Accepted Load Line Convention Certi ficates) Order.
2. Certificates accepted

Every Load Line Convention certificate in respect of a Load Line Convention ship, not being a Nigerian ship, which complies with such of the requirements of this order as apply to it in the circumstances shall be accepted as having the same force as the corre- sponding certificate issued by the Minister under the Act.
3. Form of certificate
Subject to the provisions of this order, a Load Line Convention certificate shall be in the form set forth in the First Schedule to this order, or as adapted to suit the needs of special classes of ships by the Government Inspector of Shipping.
[First Schedule.]
4. Certificates to be applicable to current voyage

Every Load Line Convention certificate shall be by its terms applicable to the voyage in respect of which a clearance or transire is demanded and to the trade in which the ship is for the time being engaged.

5. Certificate to show by whom issued, etc.

Every Load Line Convention certificate shall show by its terms that it was issued by or under the authority of the Government of the country in which the ship is registered or to which she belongs or that it was issued at the request of that government by the minister or by or under the authority of the government of any other country to which the Load Line Convention applies. The certificate shall be in English if issued by the minister and in any other case in the official language of the country of the government by or under the authority of which it was issued, and any particulars inserted, whether by handwriting, typescript or otherwise in the blank spaces provided for that purpose shall be in roman characters and arabic figures.

6. Certificate to show date and period of validity, etc.

Every Load Line Convention certificate shall show the date on which it was issued and the period of its validity, which shall not exceed five years from the date of issue, subject to annual inspections to ensure that the terms are being complied with. Such certificates may thereafter be extended for a further period of five years if the ship passes a full load line survey:
Provided that if a duly authorised officer of the country in which the ship is regis- tered or to which she belongs has extended the period of validity of any certificate by a period not exceeding either five months for the specific purpose of enabling the ship to return to that country, or one month for any other purpose, such certificate shall be ac- cepted during the period of any such extension if the ship complies with any other re- quirements of this order which apply to it in the circumstances.
7. Countries which have accepted Convention

It is hereby declared that the countries listed in the Second Schedule to this order are recognised as having accepted the provisions of the International Load Line Convention.

[Second Schedule.]
FiRST SCHEDULE [Order 3.]

International Load Line Certificate
Issued under the authority of the Government of ……………………………………………
under the provisions of the International Load Line Convention, 1930.
Ship ………………………………………………..Distinctive number or letters ……………..
Port of Registry …………………………………………
Gross Tonnage ……………………………….
Freeboard from Deck Line
Load Line
Tropical ………………………………………….. (a) ……………………………………….above (b)
Summer ………………………………………….. (b) Upper edge of line through center of disc.
Winter ……………………………………………. (c) ………………………………….. below (b)
Winter in North Atlantic …………………… (b) …………………………………….below (b)
Allowance for fresh water for all freeboards ………………………………………………….
The upper edge of the deck line from which these free boards are measured is …..
inches above the top of the ………………………………………………………………………. deck at side.

WNA

THIS IS TO CERTIFY that this ship has been surveyed and the freeboards and load lines shown above have been assigned in accordance with the Convention.
This certiticate remains in force until ………………………………………………………………………………..
Issued at ………………………on the ……………. day of …………………….. 20 ………………..
Here follow the signature or seal and the description of the authority issuing the certificate.
The provisions of the Convention being fully complied with by this ship, this certificate is renewed
until ………………………………………………………………………………………………………….
Place ………………………………………..Date ……………………………………………………….
Signature or seal and description of authority.
The provisions 01″ the Convention being fully complied with by this ship, this certificate is renewed
Until………………………………………………………………………………………………………………………………….
Place ………………………………………..Date …………………………………………………………………..
Signature or seal and description of authority.
The provisions of the Convention being fully complied with by this ship, this certificate is renewed
until ………………………………………………………………………………………………………………………………….
Place ………………………………………..Date ……………………………………………………….
Signature or seal and description of authority.
_______________________________
____
NOTE.-Where sea-going steamers navigate a river or inland water, deeper loading is permitted corresponding to the weight of fuel, etc., required for consumption between the point of departure and the open sea. SECOND SCHEDULE [Order 7.]
List of governments which are parties to the International Convention Respecting Loadlines, 1930, and of the Territories to which the Convention has been applied.
Government
Effective Date
Argentina …………………………………………. 19th January, 1936
Australia ………………………………………….. 17th May, 1936
Belgium ……………………………………………29th August, 1935
Brazil ………………………………………………. 31 st March, 1938
Bulgaria ……………………………………………4th December,1933
Burma ……………………………………………… 1 st January, 1935
Cambodia …………………………………………. 15th January, 1939
Cameroun .. ……………………………………… 28th February 1956
Canada …………………………………………….. 1 st January, 1933
Chile ……………………………………………….. 24th August, 1933
China ………………………………………………. 19th November, 1935
Congo (Brazaville) …………………………….28th February, 1956
Costa Rica ………………………………………… 1st October, 1953
Cuba ………………………………………………… 9th March, 1933
Czechoslovakia …………………………………. 18th September, 1955
Dahomey……………………………………………………. 28th February, 1956
Denmark ………………………………… ………. 1 st January, 1933
Dominican Republic ………………… ………. 28th January, 1948
Ecuador ………………………………….. ………. 28th May, 1950
Federation of Malaya ……………….. ………..10th April, 1954
Finland …………………………………… ………. 1st January, 1933
France ……………………………………. ………. 1st January, 1933

Comoro Archipelago………………….
French Polynesia……………………….
French Somaliland

French Southern and Antartic
Territories 28th February
1956

New Caledonian Dependencies…..

St Pierre and Miquelon……………….
Wallis and Futuna Islands ………….
Germany……………………………………………… 6th December, 1933
Ghana………………………………………………………….. 22nd
Febuary, 1958
Greece ……………………………………………… 4th March, 1935
Haiti ………………………………………………….2nd March, 1961
Honduras ………………………………………….. 10th September, 1948
Hungary …………………………………………….16th April, 1933
Iceland ………………………………………………26th February, 1933
India ………………………………………………….1 st January, 1935
Indonesia …………………………………………..27th April, 1933
Irish Republic …………………………………….8th May, 1934
Israel ………………………………………………… 15th October, 1949
Italy …………………………………………………..1 st January, 1933
Cote d’Ivoire ………………………………………28th February, 1956
Japan …………………………………………………11 th September, 1935
Korea, Republic of ……………………………..11 th September, 1954
Kuwait ……………………………………………… 12th April, 1959
Liberia ………………………………………………25th June, 1949
Malagasy Republic ……………………………..28th February, 1956
Mauritania …………………………………………28th February, 1956
Mexico ………………………………………………6th September, 1934 Netherlands ………………………………………..1 st January, 1933 Curaco…………………………………………………
Netherlands New Guinea…………………….. 27th April. 1933
New Zealand……………………………………………………1 st January, 1933
Nicaragua …………………………………………. 19th May, 1954
Niger …………………………………………………28th February, 1956
Norway ……………………………………………..1 st January, 1933
Pakistan …………………………………………….1 st January, 1935
Panama …………………………………………….. 13th October, 1936
Peru …………………………………………………..30th June, 1933
Phillipine Republic ……………………………. 30th December, 1949
Poland ……………………………………………… 6th December, 1933
Portugal …………………………………………….1 st January, 1933
Roumania ………………………………………….1st April, 1933
Government
Effective Date
South Africa ………………………………………24th May, 1947
Spain ……………………………………………….. 1st January, 1933
Sweden …………………………………………….. 1 st January, 1933
Switzerland ………………………………………. 19th August, 1954
Thailand …………………………………………… 11 th October, 1933
Turkey……………………………………………………….. 20th August, 1955 Former Union of Soviet Socialist Republics …..1st January, 1933
United Arab Republic ………………………… 24th October, 1936
United Kingdom ………………………………..1 st January, 1933
Hong Kong ……………………………………….1 st September, 1938
United States of America ……………………. 1 st January, 1933
Uruguay…………………………………………………….. 8th May, 1939
Venezuela ………………………………………… 30th March, 1955
Vietnam …………………………………………… 15th January, 1939
Former Yugoslavia ……………………………. 26th March, 1934

MERCHANT SHIPPING (MEDICAL SCALES) REGULATIONS
ARRANGEMENT OF REGULA nONS
REGULATION
1. Short title and extent.
2. Ships to carry medicines and medical stores.
3. Application.
4. Instruments and appliances already on board.
5. Storage of poisons.
6. Orders for morphine.
7. Replenishment of supplies.
8.
9. Disinfectant and antiseptics.
10. Exemption to the requirements of these Regulations.

SCHEDULE
MERCHANT SHIPPING (MEDICAL SCALES) REGULATIONS [L.N. 93 of 1964.] under sections 97 and 398
[ 1 st September, 1965]
[Commencement.]
1. Short title and extent
These Regulations may be cited as the Merchant Shipping (Medical Scales) Regula- tions, and shall apply to every Nigerian ship whose registered tonnage is above IS tons, except pleasure yachts.
2. Ships to carry medicines and medical stores
Every ship to which these Regulations apply shall carry medicines and medical stores in accordance with the scales set out in the Schedule to these Regulations.
[Schedule.]
3. Application

The application of the individual scales to particular classes of these ships is as fol- lows-

(a) Scale I applies to all ships which are required by law to carry a doctor;
(b) Scale II applies to ships which are not required to carry a doctor and are ships of Class I or Class V;
(c) Scale III applies to ships which are not required to carry a doctor and are ships of Class II or Class VI;
(d) Scale IV applies to ships of Class III or Class VII;
(e) Scale V applies to ships of Class IV or Class VIII and sea going fishing vessels.
4. Instruments and appliances already on board

Instruments and appliances carried on board a ship, which, but for the coming into operation of these Regulations, would have been appropriate to the ship, need not be replaced so long as they remain in good serviceable condition. All renewals or replace- ments of such instruments and appliances however, shall comply with the scales set out in the said Schedule.
5. Storage of poisons

All poisons shall be kept in a separate cabinet under lock and key and, in the case of ships to which Scales II and III of the said Schedule apply, responsibility for their safe custody shall rest with the master of the ship.

6. Orders for morphine
All orders for the supply of morphine ampoules and tablets for ships to which Scales II and III of the said Schedule apply, shall be signed by the master of the ship him- self and not by a deputy.
7. Replenishment of supplies

Masters of ships to which these Regulations apply shall ensure that any medicines or medical stores used during a voyage are replaced at the first opportunity. When there is a general replenishment of medicines or medical stores, the master of the ship shall procure from the chemist supplying such medicines or medical stores, a certificate to the effect that the ship’s medical cabinet is in proper order in accordance with the scale applicable to that ship.
8. Disinfectants and antiseptics

Disinfectants and antiseptics must be of a brand complying with the specifications laid down in the Appendix to the Schedule.
9. Exemption to the requirements of these Regulations

The Government Inspector of Shipping may exempt any ship from the requirements of these Regulations in so far as he is satisfied that compliance therewith would be unreasonable or impracticable in the circumstances, and that satisfactory alternative arrangements have been provided for the medical care of the crew and other persons on board.
SCHEDULE [Regulation 8.]
SCALE 1
1. Quantities
(1) The quantities of medicines, sundries and dressings set out in this Scale shall be carried on all voyages of 50 days’ duration or less.
(2) In the case of voyages of more than 50 days’ duration the quantities shall be increased by not less than 10 per cent for every additional period of 10 days, save where indicated by the symbol “*”.
(3) The quantities of medicines, sundries and dressings shown in this Scale for ships carrying passengers and crew not exceeding 1 ,000 shall be increased by not less than 25 per cent for every additional 500 passengers and crew over and above 1,000, except where indicated by the symbol “*”.
(4) The quantities of instruments and appliances set out in this Scale shall be carried on all voyages, irrespective of the number of persons carried, except where otherwise indicated in this Scale.
2. General requirements
The medicines and medical stores comprised in this Scale shall comply with the following requirements-

(1) They shall conform to the standards and requirements of the current issue of the British Pharmacopoeia, the British Pharmaceutical Codex or the National Formulary, where those standards and requirements are applicable, and shall also comply with any special requirements indicated in this Scale.
(2) Containers or wrapping of medicines shall be plainly and durably labelled to show-
(a) the official abbreviation of the Latin title of the contents as set out in the British Pharmacopoeia, or where the use of such abbreviation would give rise to ambi- guity, the Latin title in full;
(b) the minimum and maximum dose of the contents for an adult as set out in the British Pharmacopoeia, the British Pharmaceutical Codex or the National Formulary;
(c) the name and address of the supplier, which shall be indicated on a separate label, which shall occupy not more than 25 per cent of the total label space.
(3) Labels shall be rendered resistant to moisture either by the use of an efficient label varnish, which shall cover the label and overlap the edges, or by some alternative method, the effect of which is not inferior to varnishing.
(4) Containers or wrappings of medicines indicated thus “p” shall be marked with a label having the word “POISON” printed thereon in capital letters and either in red lettering or on a red background.
(5) Articles marked “t” shall be carried in green or arnber-coloured fluted bottles and labelled “For external use only”.

SCALE I
Medicines

Article
All drugs and materials must conform to the instructions preceding this scale Quantities for ships passengers and not exceeding
250 500 750 1,000
Acid. Boric. Cryst 8 oz. 8 oz. 8 oz. 8 oz.
Acid. Hydrochlor. Oil 1 fl. Oz. 2fl. Oz. 3fl.oz. 4fl. Oz.
Acid salicyl ½ o.z ½ oz. ½ oz. ½ oz.
Acid. Sulph. Oil 2fl. Oz. 2fl. Oz 2fl. Oz. 2fl.oz.
Aether. Anaesth. (in amber-coloured ampoules or in tins) 20 oz. 20 oz. 40 oz. 40 oz.
Aether. Solv.(not for Anaethesia 4fl.oz. 8fl.oz 12fl. Oz. 16 fl. Oz.
Aethyl.chor.50 gramme tubes(for local spray anaesthesia) 2 tubes 2 tubes 2 tubes 2 tubes
Ammon. Bicarb 1 oz. 2 oz. 3 oz. 4 oz.
(a) *Amtitox Diphtheric. To be supplied in concentrated form containing not less than 4,000 units per ml 20,000 units 40,000 units 60,000 units 80,000 units
*Antitox. Tetanus (1.500 International units) 3 amps.
3 amps. 3 amps. 3 amps.
* Applical. Benzyl. Benz 1 pint 2 pints 3pints 4 pints

Article All drugs and materials must conform to the Quantities for ships carrying passengers and crew not exceeding-

instructions preceding this scale
250 500 750 1,000
Aq. pro. Inj. in 2 ml. ampoules …………………

*Argent. Nit. Indur. (mounted) …………………

Calamin. ……………………………………………….

*Caps. Chloramphen, 0.25 grm. ……………….

Cataplasm. Kaolin. (in ½ lb. sealed tins) …….

Caps Tetracycline 250 mg. (or its equivalent broad
spectrum antibiotic (b)) ……………………………
*Chlorof. (in amber-coloured 2 oz. ampoules) ……………………………………………………………
Collod. Flex. (meth) ………………………………..
Conspers. Zinc. Oxid. et Amyli Co. …………..

Conspers. Zinc. Undecen. ………………………..
*Dextros. Hyd. ……………………………………….

Emuls. Menth. Pip. ………………………………….
Ext. Glycyrrh. Liq. ………………………………….

Ferr. et Ammon. Cit. ……………………………….
Glycer. …………………………………………………..
Glycer. Acid. Tann. …………………………………
*(b) pGutt. Cocain. et Hydrarg. Perch lor. Oleos …………………………………………………………….

Gutt. Sulphacetamid. Mitis (c) ………………….
*Inj. Adrenal. in 0.5 ml. amps. ………………….
*Inj. Apomorph. Hydrochlor. 1/20 gr. in 15 min.
ampoules ……………………………………………………

Inj. Atrop. Sulph. 1/100 gr. in 1 ml. ………………..
* If) Inj. Bemegride (in 10 ml. vials) or its
equivalent …………………………………………………..
*Inj. Bism. (in I ml. ampoules) ……………………..
*Inj. Emet. Hydrochlor. 1 gr. in 1 ml. …………….
Inj. Ergomet. Maleat. 0.5 mg. in 1 ml. ……………
Inj. Hyoscin. Hydrobrom. 11100 gr. in 1 ml. ……
*(a) Inj. Insulin. (in 5 ml. vials of 40 units per ml.)………
*Inj. Mersalyl. (in I ml. amps.) ………………………………………… 12amps.

2 pencils

2 oz.

120caps.

3 tins

3 amps

4 fl. Oz

4Oz.

8Oz.

1 Ib.

1 fl. Oz.

2 fl. Oz.

2 oz.

8 oz.

1 oz.

1 fl. Oz.

1 fl.oz

3 amps.

6 amps.

12 vials.

6amps.
12amps.

3 amps.
3 amps.
4 vials
6 amps. 2amps.

2 pencils

4 oz.

240caps.

6 tins

3 amps.

4 fl.oz.

8 oz.

16 oz.

1 Ib.

2 fl. Oz.

4fl. oz.

4 oz.

1 Ib.

2 oz.

1 fl. oz.

1 fl. Oz.

6 amps.

12amps.

12 vials

6 amps.
12amps.

6 amps.
6 amps.
6 vials
6 amps 36amps.

2pencils

6 oz.

360caps

9 tins

9 amps.

4 fl. Oz.

12 oz.

24 oz.

1 Ib.

3 fl. Oz.

6 fl.Oz.

6 oz.

1 ½ Ib.

3 oz.

1 fl. Oz.

1 fl.oz.

9 amps.

6 amps.

18amps.

12 vials

6 amps.
24amps.

9 amps.
9 amps.
8 vials
6 amps 48amps

2pencils

8 oz.

480caps.

12 tins

12amps.

Ffl. Oz.

1 Ib.

32 Oz.

1 Ib.

4fl.oz.

8 fl.oz.

8. oz.

2 Ib.

4 oz.

1 fl. Oz.

1amps.

6 amps.

24amps.

12 vials

6 amps.
24amps.

12amps.
12amps.
12 vials
6 amps.

Article
All drugs and materials must comform to instructions preceding this scale Qualities for ships carrying passengers crew not exceeding-
250 500 750 1,000
Inj. Morhp. Sulph 1,4 gr. In ml. 18 amps 24 amps 36 amps 48 amps
Inj. Nikethand. (in 2 ml. ampoules)
* (f) Inj. Pituit. Post . (in 1 ml ampoules) 6 amps
6 amps 12 amps
6 amps 18 amps
6 amps 24 amps
6 amps

(a) To be kept constanly at a temperature not less than 34 “F. or higher than 50 0
(b) To be supplied in bottle with dropper attached and with the following instructions on the label: with the aid of the dropper put two drops into the eye every five minutes until the eye is insensitive. Usually three or four doses suffice. The eye should then be ready, and the foreign body can be removed with a previously sterilised eye spud. Afterwards an eye shade should be used for 24 hours.
(c) Store in a cool place and protect from light.
(d) To be kept constantly at a temperature not less than 34 0F or higher than 50 0F. Not to be used more than 2 years after the date of manufacture as stated on the label. (e) To be kept in cold store and to be renewed within 18 months of date of manufacture on the label.
(f) Alternative drug or continuation of drugs with similar therapeutic
effect.
Article All drugs and materials must conform to the instructions preceding this scale
Quantities for ships carrying passengers and crew not exceeding

250 500 750 1,000
*Inj. Paraldehyd. (in 10 ml. ampoules) ………………………
3amps. 3amps. 3amps 3 amps
*Inj. Procain. containing 2% W/V of Procain hydroc- hlor. (in 2 ml. ampoules) ………………………..
*Inj Procain. et Adrenal. Fort. (in 2 ml, am-
poules) ……………………………………………………………….
Inj. Quinin. Dihydrochlor. (5 gr. in 5 ml. of solu-
tion, in ampoules) ……………………………..………………….
*Kaolin. Lev …………………………………….…………………
*Lamell. Atrop. 115000 gr. (tubes of 20) ……………
*pLamell. Cocain. 1150 gr. (tubes of 20) …………..
*Lamell Fluoresc. Sod. 111000 gr. (tubes of 20) …………
*Larnell. Physostig. 111000 gr. (tubes of 20) ……..
*Linct. Scill. Opiat. ……………………………. ……………………
Lin. Methyl. Salicyl. …………………………………………..
6 amps.

6 amps.

3 amps.
2 oz.
2 tubes
2 tubes
1 tubes
2 tubes
1 pint
4fl.oz
3 amps.

12 amps.

6 amps.
4 oz.
2 tubes
2 tubes
1 tubes
2 tubes
2 pints
12 fl. Oz.
3 amps.

18 amps.

9 amps.
6 oz.
2 tubes
2 tubes
1 tube
2 tubes
4 pints
16 fl. Oz.
3 amps.

24 amps.

12 amps.
8 oz.
2 tubes
2 tubes
1 tubes
2 tubes
4 pints
16 fl. Oz.

SCALE I-continued
All drugs and materials must conform to the instructions preceding this scale
Quantities for ships carrying passengers and crew not exceeding

250 500 750 1,000
Mag. Sulph. (in 1 oz. pkts.) …………………………………..
Mag. Trisil ……………………………………………………….
*Mist. Senn. Co …………………………………………………
Oculent. Hydrarg. Oxid. in 60 gr. collapsible tube ………….
01. Arach ………………………………………………………..
01. Ricin …………………………………………………………
*0 1Terebinth. . ………………………………………………..
Paraff. Liq ……………………………………………………….
Paraff. Moll. Flav ……………………………………………….
(c) (b) Paraldehyd. (in amber-coloured bottle) ………….
Phenol. Liq ……………………………………………………….
Pil. Phenolphthal. Co ………………………………………….. 4 Ib.
8 oz.
½ gall
3 tubes
½ pint
1 pint
3fl.oz.
½ pint
1 Ib.
2 fl. Oz.
1fl. oz.
½ gros 8 Ib.
1 Ib.
1 gall.
6 tubes
1 pint
2 pints
3 fl.oz.
1 pint
2 Ib.
4 fl. Oz.
2 fl. Oz.
1 gross 12 Ib.
1 ½ Ib
1 ½ gall
9 tubes
1 ½ pints
3 pints
3 fl. Oz.
1 ½ pints
3 Ib.
6 fl. Oz.
3 fl. Oz.
1 ½ gross 16 Ib.
2 Ib.
2 gall.
12 tubes
2 pints
4 pints
3 fl. Oz.
2 pints
4 Ib.
8 fl. Oz.
4 fl.oz.
2 gross

All drugs and materials must conform to the instructions preceding this scale
Quantities for ships carrying passengers and crew not exceeding

250 500 750 1000
Pot. Bicarb …………………………………………
Pot. Brom ……………………………………….. .
Pot. Cit. ………………………………………….. .
Pot. lod ……………………………………………..
(a) Procaine Penicillin G Fortified in rubber- capped vials each containing sterile procaine penicillin G300,000 international units and a crystalline penicillin salt 100,000 international units, or its equivalent injectable penicillin with suitable suspending and buffering agents. (e) ………… .
Pulv. Mag. Trisil. Co ………………………… .
*Res. Carbol. …………………………………… .
Sod. Bicarb ……………………………………… .
Sod. Cit. ………………………………………….. .
Sod. Salicyl. (in flake) ……………………………………………. 4 oz.
4 oz.
4 oz.
1 oz.

12 vials
4 oz.
1 oz.
1 Ib.
4 oz.
4 oz. 8 oz.
8 o.z
8 oz.
2 oz.

24 vials
8 oz.
1 oz.
3 Ib.
8 oz.
8 oz. 12 oz.
12 oz.
12 oz.
3.Oz.

36 vials
12 oz.
1 oz.
4 ½ Ib.
12 oz.
12 oz.
1 Ib.
1 Ib.
1 Ib.
4 oz.

48 vials
1 Ib
1 oz.
6 Ib.
1 Ib
1 Ib.
(c) To be replaced within 12 months of the date of issue shown on the label.
(a) Label to state the volume of sterile solvent to be added to the vial for the prepa- ration of a suspension for intramuscular injection, and to bear the words “to be kept in a cool dry place and renewed two years from the date of manufacture.”

Article
All drugs and materials must conform to the instructions preceding this scale
Quantities for ships carrying passengers and crew not exceeding

250 500 750 1000
(b) Solv. Pot. Permang. 83 ,4 gr. ………………………….
Solv. Sod. Chlorid. 15.75 gr. ………………………………
Solv. Thymol. Co ……………………………………………..
Sp. Ammon. Aromat. ………………………………………..

Sp. Chir. (B.P.C. No. 1) ……………………………………..
Sp. Chlorof …………………………………………………….
*Sp. Rectificatus …………………………………………….
Streptomycin Sulphate (B.P.), equivalent to 1 gramme Streptomycin base, in sealed container, with suitable suspending agents (a) ………………………………………………….
Sulphacetamid. Sod ………………………………………….
(c) Supp. Bism. Subgall. Co ……………………………….. 50
100
25
4 fl. Oz.

½ pint

2 fl. Oz.

4 fl. Oz.

10 vials

1 oz.

1 doz. 100
200
50
8 fl. Oz.

1 pint

4 fl. Oz.

15 vials

1 oz.

1 doz. 150
300
75
12 fl. Oz.

1 ½ pint

6fl. Oz.

4 fl. Oz.

20 vials

1 oz.

1 doz. 200
400
100
16 fl. Oz.

2 pints

8 fl. Oz.

4 fl. Oz.

30 vials

1 oz.

1 doz

(b) The label to bear the words “One solution-tablet dissolved in pint of
Article
All drugs and materials must conform to the instructions preceding this scale
Quantities for ships carrying passengers and crew not exceeding

250 500 750 1000

Syr. Chloral. ………………………………………
Syr. Tolu …………………………………………..
Tab. Acid. Acetylsalicyl. 5 gr ………………
*Tab. Butobarbiton. 1 Y2 gr. …………………
Tab. Casco Sagr. 2 gr …………………………
*Tab. Chloroquin. Phosphat. 0.25 gramme or
Tab. Chloroquin. Sulphat. 0.25 gramme ….
Tab. Codein. Co ………………………………..
*Tab. Colchicin. 1/240 gr. …………………….
Tab. Digoxin. 0.25 mg ………………………… .
Tab. Ephed. Hydrochlor. Y2 gr ……………..
Tab. Ergometrin. Maleat. 0.5 mg …………. .
Tab. Ferr. Sulph. Exsic. 3 gr ………………. .
(d) Tab. Glyc. Trinit. 1/130 gr ……………… .
*Tab. Hydrarg.c. Cret. I gr. ……………….. .
Tab. Hydrarg. Subchlor. I gr. …………….. .
Tab. Hydrarg. Subchlor. 1/6 gr
2 fl. Oz.
4fl. Oz.
100
50
50

100
100
25
25
25
25
50
100
25

50 4 fl. Oz.
8 fl. Oz.
200
100
100
200
200
50
50
50
50
100
25
100
50
150 6 fl. Oz
12 fl. Oz.
300
150
150

300
300
75
75
75
75
150
25
100
75
750 8 fl. Oz
16 fl. Oz.
400
200
200
400
400
100
100
100
100
200
25
100
100
200

water forms a l in 1,000 solution of potassium permanganate.”

Article

All drugs and materials must conform to the instructions preceding this scale
Quantities for ships carrying passengers and crew not exceeding

250 500 750 1000
*Tab. Hyoscin. Hydrobrom. 1/200 gr ……………………

Tab. Ipecac. et Opii 5 gr. ………………………………….

Tab. or Caps phenoxymethly Penicillin 250 mg. (or its equivalent (c)) oral Penicillin ……………………………….

*Tab. Mepyramin. Maleat. 0.1 gramme or Tab. Promethazin. Hydrochlor. 0.025 gramme (Histamine Antagonists) ………………………………………………….. 50
50

50 100
100

100

100 150
150

150

150 20
20

SCALE I- continued
(e) Alternative drug or combination of drugs with similar therapeutic effects-
(a) Ships shall carry 25 tablets per member of the crew in addition to the quantities

Article

All drugs and materials must conform to the instructions preceding this scale
Quantities for ships carrying passengers and crew not exceeding

250 500 750 1000
*pTab. Morph. Hydrochlor. ¼ gr. or Tab…
Morph. Sulph.1/4 gr.. …………………………………………..

Tab. Phenacet. et Caffein …………………………………….

Tab. Phenobarbiton. ½ gr. ……………………………………

Tab. Pot. Chlorat. 5 gr. ……………………………………….

(a) Tab. Proguanil. Hydrochlor. 0.1 gramme………………

Tab. Reserpin. 0.25 mg. (or its equivalent (c). (d) ………

Tab. Sod. Bicarb. Co …………………………………………..

Tab. Sod. Chlorid. 7 gr. with Dextros. 3 gr.

Tab. Stiboestr. 0.5 mg. (or its equiv alent) (e)……………

Tab. Sulphadimidin. 0.5 gramme (or its equivalent (b)….

Tab. Sulphaguanidin. 0.5 gramme (or its equivalent (b)..

Tab. Thyroid. ½ gr. ……………………………………………

*Tinct. Bellad …………………………………………………..

Tinct. Benzoin. Co ……………………………………………..

Tinct. Cardam. Co *Tinct. Bellad……………………………………….

Tinct. Chlorof. et Morph ………………………………………

Tinct. Gent. Co …………………………………………………
25

100

5,000

500

250

25
2f1. oz.

2 fl. oz.

2 f1. oz.

4 fl. oz.
25

100

200

100

200

100

200

5,000

1,000

500

50
2 fl. oz.

4 fl. oz. 4

fl. oz.

4 fl. oz.

8 fl. oz.
25

150

300

150

300

150

300

5,000

1,500

750

75
2fl. Oz.

6 fl. Oz.

6 fl. oz.

12 f1. oz.
25

200

400

200

400

200

400

5,000

100

2,000

1,000

100
2 fl. Oz.

8fl. Oz.

16 fl. Oz.

shown above.
(b) Alternative drug with similar therapeutic effects

Article

All drugs and materials must conform to the instructions preceding this scale
Quantities for ships carrying passengers and crew not exceeding

250 500 750 1000
Tinct. Hyoscy ………………………..
Tinct. Ipecac ………………………….
Tinct. Nuc. Yom …………………….
pTinct. Opii ………………………….. 2 fl. Oz.
4 fl. Oz.
2 fl. Oz.
2 fl. Oz. 4 fl. Oz.
8 fl. Oz.
4 fl. Oz
4 fl. oz. 6 fl. Oz
12 fl. Oz.
6 fl. Oz.
6 fl. Oz. 8 fl. Oz.
16 fl. Oz.
8 fl. Oz.
8 fl. Oz.

Article

All drugs and materials must conform to the instructions preceding this scale
Quantities for ships carrying passengers and crew not exceeding

250 500 750 1000
Tinct. Opii Camph ……………………………………………..
Tinct. Zingib. Mit. ……………………………………………..
Ung. Acid. Benz. Co …………………………………………..
Ung. Acid. Boric ………………………………………………..
*Ung. Benzocain. Co ………………………………………….
Ung. Hydrarg. Ammon ………………………………………..
Ung. Methyl. Salicyl. ………………………………………….
Ung. Zinc. Oxid ……………………………………………….
Ung. Zinc. Undecen ………………………………………….
*(c) Vaccin. Typho-paratyphos. in 10 c.c.
vial ………………………………………………………………. 4 fl. Oz.
1 ft. oz
4 oz.
2 oz.
2 oz.
2 oz.
4 oz.
4 oz.
4 oz.

1 vial 8 fl . oz.
2 fl. Oz.
8 oz.
4 oz.
4 oz.
4 oz.
8 oz.
8 oz.
8 oz.

1 vial 13 ft. oz
3 ft. oz.
12 oz.
6 oz.
6 oz.
6 oz.
12 oz. 12 oz.
12 oz.

1 vial 16 ft .oz.
4 fl.oz.
1 Ib.
8 oz.
8 oz.
8 oz.
1 Ib.
1 Ib.
1 Ib.

1 vial
(a) Vaccin. Vacciniae 4/5ths in 5 dose An amount equivalent to one dose for every two tubes 4/5th in 1 dose tubes. Person on board
*(b) Vitrell. Amyl. Nitris. 5 min ……..
Zinc.Oxid …………………………….. …………………………………….
*Zinc. Sui ph ……………………………….. 6

1 oz.

2 oz. 6
2 oz.
2 oz. 6
3 oz.
2 oz. 6
4 oz.
2 oz.

(a) To be kept in a cold chamber between 12° and 20 oF.; if no cold chamber at that temperature is available, it should be kept in a domestic refrigerator in or on thefreezing compartment so that it is maintained constantly at a temperature of not more than 32 “F, It must be replaced within 12 months of the date of is- sue on the label.
(b) To be labelled with an additional label as follows:
Ministry of Transport Scale I and II Ships, VITRELL. AMYL. NITRIS. (Amyl. Nitrite). To be replaced within twelve months from (date of supply). This substance is subject to decomposition and it may be DANGEROUS to use it after that period.
(c) To be kept constantly at a temperature not less than 34 oF. or higher than 50 oF. and to be renewed within 18 months of the date of issue on the label.
(d) Protect from light.

(a) Pre-packed press-button pressure canisters may replace wholly or in part liquid insecticide. The volume of the contents of the canisters shall not be less than one quarter of the volume of the diluted liquid insecticide which they replace.
No hand sprayer need be carried if all the liquid insecticide solution is replaced by pressure canisters.

(a) The number of tins to be carried shall be calculated on the amount of stabilisedchloride of lime required to produce a concentration of one part of chlorine per million parts of water in the largest fresh water tank in the ship (a quarter pound tin will be required for approximately 28 tons of water). Stabilised chloride of lime need not be carried if vessel equipped with an efficient chlorinating plant.
SCALE I-continued
MEDICAL STORES
Instruments and appliances
Irrespective of number of persons carried and length of voyage except where indicated

(a) To be of rustless and stainless steel.
(b) Quantities to be doubled if more than 1,000 persons carried

SCALE II
MEDICAL STORES
Dressings

SCALE II-continued
1. Quantities
(1) The quantities of medicines set out in this Scale are the requirements for a voyage of twelve months duration and shall be carried on all voyages of over six months’ duration. On voyages of six months’ duration or less, not less than half the said quantities shall be carried, except where otherwise indicated in this Scale.
(2) The quantities of medical stores set out in this Scale shall be carried on all voyages.

2. General requirements
The medicines and medical stores comprised in this Scale shall comply with the follow- ing requirements-
(1) They shall conform to the standards and requirements of the current issue of the British Pharmacopoeia, the British Pharmaceutical Codex or the National Formulary, where those standards and requirements are applicable, and shall also comply with any special re- quirements indicated in this Scale.
(2) Containers or wrappings of medicines shall be plainly and durably labelled to show-
(a) the English name of the contents as set out in the first column of this Scale;
(b) the particulars of the medicines given in the second column of this Scale printed in less prominent type than the information under (a). Where the word “POISON” is to be included with other particulars on the label it shall be printed in capital letters and either in red lettering or on a red background;
(c) the minimum and maximum dose of the contents for an adult, as set out in the British Pharmacopoeia, the British Pharmaceutical Codex or the National Formulary;
(d) the name and address of the supplier, which may be indicated on a separate label, shall occupy not more than 25 per cent of the total label space.
(3) Labels shall be rendered resistent to moisture either by the use of an efficient label varnish which must cover the label and overlap the edges, or by the use of some alternative method the effect of which is not inferior to varnishing.

(a) Ships proceeding to ports in the Persian Gulf, in the Red Sea or on the Arabian Coast shall carry in addition one book for every five members of the crew.
(b) The number of tins to be carried shall be calculated on the amount of Stabilised Chloride of Lime required to produce a concentration of one part of chlorine per million parts of water in the largest fresh water tank in the ship (a quarter pound tin will be required for approximately 28 tons of water.)

SCALE 11 MEDICAL STORES
Instruments and appliances

SCALE III
General requirements
The medicines and medical stores comprised in this Scale shall comply with the follow- ing requirements-

(a) the English name of the contents as set out in the first column of this Scale;

(b) the particulars of the medicines given in the second column of this Scale printed in less prominent type than the information under (a). Where the word “POISON” is to be included with other particulars on the label it shall be printed in capital letters and either in red lettering or on a red background;

(c) the minimum and maximum dose of the contents for an adult, as set in the British Pharmacopoeia, the British Pharmaceutical Codex, or the National Formulary;

(d) the name and address of the supplier, which may be indicated on a separate label, shall occupy not more than 25 per cent of the total label space.

(3) Labels shall be rendered resistant to moisture either by the use of an efficient label varnish which must cover the label and overlap the edges, or by the use of some alternative method, the effect of which is not inferior to varnishing.
(4) The medicines and medical stores marked “(a)” need not be carried on ships which are normally within 12 hours’ voyage of a port.

SCALE III
Medicines

SCALE III-continued
() Pre-packed press-button pressure canisters may replace wholly or in part diluted liquid insecticide. The volume of the contents of the canister shall not be less than one quarter of the volume of the diluted liquid insecticide which they replace. No hand sprayer need be carried if all the liquid insecticide solution is replaced by pressure cannisters.

SCALE IV-continued
Medical stores dressings
1. Quantities
The quantities of medicines and medical stores marked “(a)” may be reduced to 50 per cent for ships carrying less than six persons.
2. General requirements
(1) Medicines and medical stores are to conform to the requirements of the current British Pharmacopoeia, the British Pharmaceutical Codex or National Formulary where those standards are applicable. Attention is drawn to special requirements in the dispensing of certain preparations.
(2) Medicines are to be plainly and durably labelled to show:
(a) the English name of the contents as described in the first column of the Scale;
(b) the description of the medicines given in the second column of the Scale printed in less prominent type than the information under (a). Where the word “POISON” is to be included with other particulars on the label it is to be printed thereon in capital letters and either in red lettering or on a red back- ground;
(c) the B.P., B.P.C., or N.F. minimum and maximum dose of the contents for an adult, or in other cases the instructions indicated in the Scale;
(d) the name and address of the supplier – this should be indicated on a separate label which must not occupy more than 25 per cent of the total label space.
(3) Labels are to be rendered resistant to moisture either by the use of an efficient label varnish which must cover the label and overlap the edges, or by the use of some alternative method the effect of which is not inferior to varnishing.
(4) All articles are to be kept in a cabinet or separate compartment which should be capable of being locked; the key to be kept in the custody of the master.
SCALE IV -continued
Medicines

SCALE V
Medical stores – Sundries
First-Aid Box: The following to be supplied in a box capable of being locked. 4 Triangular Bandages;
4 Standard Dressings No. 13; 2 Standard Dressings No. 14; 1 Standard Dressing No. 15; 1/2lb. Roll of Cotton Wool;
6 Brass plated safety pins 2″ on a card; Tincture oflodine 4 fl. ozs.; or Acriflavine 4 fl. ozs.
The Government Inspector of Shipping may recognise materials equivalent to Standard Dressing Nos. 13, 14 and 15, for use in Scale V only, and also substitutes for the antiseptics listed, on individual applications.
ApPENDIX A
Specification of disinfectants and antiseptics for ships
1. Disinfectants
The disinfectant shall conform to the following specification-
(1) General Description.- The disinfectant shall be a white fluid and shall be a finely dispersed, stabilised emulsion containing coal-tar acids or other phenolic bodies, with or without hydrocarbons.

(2) Germicidal Value and the Method of its Determination.-The germicidal value shall be not less than 1.7 when determined by the modified Chick-Martin method as laid down by the British Standards Specification No. 808 of 1938.
(3) Stability before dilution.-On standing for three months at ordinary temperatures (5°C. to 30 °C.) the disinfectant fluid shall not precipitate nor show separation of more than traces of oil. A creamed fluid which can be rendered homogeneous by gentle mixing is permissible.
(4) Stability after Dilution.-The disinfectant fluid shall be miscible with distilled water and artificial sea-water (27 grammes of sodium chloride and 5 grammes of crystalline magnesium sulphate (MgS047H20) dissolved in and made up to 1,000 ml. with distilled water and filtered before use) in all proportions from one to five per cent, inclusive, to give a stable emulsion which shall not break nor show more than traces of separation of either top or bottom oil, when maintained at 18-22 0 C. for six hours. When examining the disinfectant under this sub-paragraph, the sample and diluents shall each be brought to the specified temperatures before mixing, which shall be performed by pouring the former into the latter from a cylinder.
(5) Odour and Corrosive Action.-The fluid shall be free from objectionable smell, and when used as directed, shall have no more corrosive action on metals than that occasioned by the water employed as a diluent.

(6) Packaging.-Where no container is specified on the tender form, the fluid shall be packaged in containers capable of being stored under normal conditions for six months without deleterious interaction between the tluid and the container.
(7) Labelling.-The containers shall be labelled to show the name and nature of the contents and with full instructions for use for various purposes. The dilutions recommended in the instructions shall be suitable for the purposes specified. The labels shall be rendered resistant to moisture either by the use of an efficient label varnish which must cover the label and overlap the edges or by some alternative method, the effect of which is not inferior to varnishing.
2. Antiseptics
The Antiseptic shall conform to the following specification-
(1) General Description.-The antiseptic shall consist of a homogeneous solution or emulsion of a phenol, chlorocresol, p-chloro-rn-xylenol or a solution or emulsion of any other germicidal substance which is no less efficient as an antiseptic, dissolved in a suitable solvent.

(2) Phenol coefficient.-The Rideal-Walker Phenol Coefficient of a homogeneous solution or emulsion of phenol, chlorocresol or p-chloro-rn-xylenol shall not be less than 3 when determined by the method given in British Standard Specification No. 541 of 1934 as amended in August 1943, May 1951 and May 1953.
(3) Stability of Dilution.-The antiseptic shall not show any separation after six hours when mixed, in all proportions from one to four per cent inclusive, in waters of all degrees of hardness up to the equivalent of 300 parts calcium carbonate per million. These mixtures shall not break or precipitate in less than 6 hours at 32°C and 37°C
(4) Labelling.-The Containers shall be labelled to show the name and nature of the contents and with full instructions for use for various purposes. The dilutions recommended in the instructions shall be suitable for the purposes specified. The labels shall be rendered resistant to moisture either by the use of an efficient label varnish which must cover the label and overlap the edges or by some alternative method, the effect of which is not inferior to varnishing.

APPENDIX B

Specification of Anti- V.D. Outfit

1. The Anti-V.D. Outfit shall comprise a tube of prophylactic ointment and a washing cloth to the following specifications:

ANTI-V.D. OINTMENT

FORMULA:
Mercurous chloride 30 grammes
Sulphatiazole 15 grammes
White soft paraffin 40 grammes Light liquid paraffin 14 gramme Cetyl alcohol 1 gramme Oil of Lavender 0.01 milimetre
The ointment shall be supplied in collapsible tubes, with elongated nozzles and screw caps, each containing 60 grains, and labelled Prophylactic Ointment. The length of the nozzle shall not be less than Y2 inch nor more than 2⁄3inch.
2. Washing cloth
This cloth shall be of coarse weave soft cotton wash cloth, free from size or dressing, or white lint, and not less than 3″ x 3″ square impregnated with soap to a total weight of approximately 10 ounces per square yard. Soap shall be of the type that will lather in either hard or soft water. As an alternative to soap a suitable detergent, to give a washing cloth not inferior in any respect to a washing cloth prepared with soap, may be used, provided that the detergent employed is not an irritant to the skin.
3. Each kit to be in a separate sealed waterproof envelope bearing the following instructions:
ANTI-V.D. OUTFIT
Instructions for use after exposure
1. Pass water.

2. Wet the wash cloth and thoroughly wash the penis, purse and surrounding skin.

3. Squeeze about 1⁄4 of the contents of the tube into the canal of the penis. Massage gently with thumb and forefinger for a few seconds after injecting the ointment.
Rub the rest of the ointment over the entire length of the penis, purse and adjacent abdomen and thigh for at least 3 minutes paying particular attention to the foreskin, head and neck of penis.
5. Do not pass water for two hours after using the kit if you can avoid it.
APPENDIX C
Specification of insecticides and hand sprayer
1. Insecticides
The insecticide shall be capable of destroying all types of insects including, for example, mosquitoes, cockroaches, steam flies, bugs, fleas, lice and ants, commonly found in the living accommodation and in galleys or other spaces used in the preparation, or for storage, of foodstuffs for consumption on board ship.
The active principle in any insecticidal formulation shall consist of anyone or more of the following-DDT, Gamma BHC, Dieldrin, Malathion, Diazonon. Any other substance may be included in the active principle if it is no less efficient as an insecticide. The formulation may include pyrethrins or other biological equivalent.
2. Formulation
(1) The insecticide shall take the form of either-
(a) a solution of one or more insecticides in odourless petroleum distilate for use with a hand operated spray gun, complying with the provisions of paragraph 5 of this Appendix, as a space spray and residual spray,
(b) a solution of the insecticide with an appropriate propellant in a pre-packed press-button canister for use as a space spray and residual spray.
(2) The insecticide in the concentration employed shall not be harmful to humans when used in accordance with the instructions and with the precautions specified on the container. The formulation shall be free from visible impurities, foreign matter and offensive odour, and shall be non-staining.
3. Inflammability
The insecticide solution referred to in paragraph 2 (1) (a) and (b) of this Appendix shall not have a flash point lower than 120°F when tested by the approved Abel method.

4. Packing, labelling and storage
(1) The insecticide solution shall be carried in containers so sealed that they will remain air-tight and water-tight. Pressure canisters for spraying shall be provided with a cap or other effective means of protecting the valve mechanism when not in use.
(2) Containers and pressure canisters shall be safely and securely packed in wooden or fibre board cases.
(3) Containers and pressure canisters shall bear a moisture-proof label. The label may be printed on the container, and shall show at least the following items-
(a) the name of the manufacturer;
(b) clear instructions for use as-
(i) a residual spray against non-flying insects including for example cock- roaches, steam flies, ants, bugs, fleas;
(ii) a space spray against flying insects including for example mosquitoes and flies;

(c) a precautionary notice indicating that particular care should be taken to avoid contamination of foodstuffs, food utensils and benches on which food is prepared; excessive inhalation of the mist should be avoided; spillage on the skin should be washed off immediately with soap and water; storage should be away from living accommodation, pantries, foodstores and edible cargo.

5. Sprayers
The hand sprayer for use with the liquid insecticide solution, if carried, shall be a soundly constructed continuous action sprayer, the nozzle of which shall be capable of producing a fine mist and also of wetting a surface when operated close to it for the purpose of residual spraying.

6. Insecticidal dusting powder
This shall be suitable for application to the body or clothing of infested persons. The material shall consist of a powder, white to cream, or grey in colour, containing an insecticide suitable for the purpose, packed in a dredger. Instructions for use shall be given on a moisture proof label fixed on the container or printed thereon.

APPENDlX D
Specification of oxygen therapy equipment for use on board ships

1. Three disposable oxygen inhalers of plastic material.
2. One manometer type oxygen flowmeter.
3. One fine-adjustment valve with oxygen pressure gauge, bullnosed fitting.
4. 6 ft. Plastic or Rubber tubing.

5. One Oxygen Universal cylinder key which provides a lever for tightening fly-nut of bullnosed valve unions and spanners for the union nuts of fine-adjustment valves, also gland nuts of bullnose type oxygen cylinder valves, chromium finish.

6. The above equipment shall be contained in a durable carrying case including simple instructions in use of equipment.

APPENDIX E
Specification of chloride of lime for the treatment of drinking water in ships

1. The chloride of lime shall contain not less than 24 per cent and not more than 26 per cent available chlorine. It shall also contain not less than 14 per cent of free quick lime (CaO).

2. The total water existing in all forms, consisting largely, if not entirely, of the water in combination in the form of calcium hydroxide, shall not exceed 7.5 per cent.

3. The chloride of lime shall be of such stability that after passing four weeks in an oven kept at 140 OF (±2°) the percentage of available chlorine shall not decrease more than 2.

4. The chloride of lime shall be put up in 14 lb-tins, the date of issue by the manufacturer being stamped on the base of each tin.

5. Each tin shall contain a measure, made of a material resistant to chlorine, to contain 60 grains of the powder, when full, i.e., sufficient to chlorinate approximately 200 gallons of water.
6. Each tin and contents (except the measure, which may be used again) whether partially used or not, shall be renewed within one year following the date stamped on the tin.

APPENDIX F

Specification of burn and wound dressing – paraffin gauze dressing (B.P.C.)
Each dressing shall measure approximately 3 3/4″ x 33/4″ and shall be packed in an individual envelope (the dimensions of which shall be not be greater than 51/2” square) in such a manner as to allow it to retain its even impregnation. The envelope shall be made of a suitable material, preferably not more than 50 thousandths of an inch thick, shall be impermeable to moisture, free from pin holes and shall also be greaseproof. The envelope shall be hermetically sealed and remain so under all conditions of sea transport. Thirty-six envelopes shall be packed in a suitable carton appropriately labelled, giving detailed instruction for use.
APPENDIX G
Specification of a tubular steel pattern stretcher
The stretcher shall be of the general shape shown on the following sketch and shall be formed of canvas suitably lashed to a metal frame of 1 inch diameter tubular steel. The frame shall be fitted with four metal lugs welded on, one at each end and one at the middle of each side as shown in the sketch.

MERCHANT SHIPPING (CURRENCY EQUIVALENT ON LIMIT A TION OF LIABILITY) ORDER [L.N. 94 of 1964.]
under section 350
[6th August, 1964]
[Commencement.]
1. Short title
This Order may be cited as the Merchant Shipping (Currency Equivalent on Limitation of Liability) Order.
2. Nigerian Currency equivalent to sundry gold francs

One hundred and forty-six naira, ninety kobo and five thirty-seconds of a kobo and forty-seven naira, thirty-nine kobo and twenty-seven thirty-seconds of a kobo are hereby specified as the amounts which for the purposes of section 366 of the Merchant Shipping Act, are to be taken as equivalent to three thousand one hundred gold francs and one thousand gold francs respectively.
[Cap. M11.]
MERCHANT SHIPPING (RECOGNITION OF SCHOOLS OF NAUTICAL COOKERY) REGULATIONS
ARRANGEMENT OF REGULATIONS
REGULATION
1. Short title.
2. Recognised Schools of Nautical Cookery.
3. Powers of the Government Inspector of Shipping.

MERCHANT SHIPPING (RECOGNITION OF SCHOOLS OF NAUTICAL COOKERY) REGULATIONS
[L.N. 115 of 1964.]
under section 48
[10th September, 1964]
[Commencement.]

1. Short title
These Regulations may be cited as the Merchant Shipping (Recognition of Schools of Nautical Cookery) Regulations.
2. Recognised schools of Nautical cookery

For the purposes of regulation 2 (5) of the Merchant Shipping (Manning) Regulations, the following Schools of Nautical Cookery are recognised for the purpose of granting Certificates of Competency as Ship’s Cook-
(a) the Robert Gordon’s Technical College, Aberdeen;
(b) the Grimsby Nautical School, Orwell Street, Grimsby;
(c) the Leith Nautical College, 59 Commercial Street, Edinburgh, 6;

(d) the City of Liverpool Nautical Training School for Ships’ Stewards and Cooks, Oldham Street, Liverpool, 1;
(e) the London School of Nautical Cookery, The Sailors’ Home and Red Ensign Club; Dock Street and Ensign Street, London, E.1 ;
(F) the National Sea Training Schools of Nautical Cookery at-

(i) Cardiff;
(ii) Glasgow;
(iii) Hull;
(iv) South Shields;
(g) the Royal Naval School of Cookery at-
(i) Chatham;
(ii) Devonport;
(iii) Portsmouth;
(h) the Army Catering Corps Taining Centre – Aldershot;
(i) the Army Catering Corps Schools-
(i) British Army of the Rhine; (ii) Middle East Land Forces; (iii) Far East Land Forces;
(j) the R.A.F. Catering Centre at-
(i) Halton;
(ii) Innsworth.

3. Powers of Government Inspector of Shipping

The Government Inspector of Shipping may by notice recognise other schools for the purpose of granting certificates of competency as a ship’s cook and when published in the Federal Gazette the notice of recognition shall have effect as if any such school had been included in these Regulations.

MERCHANT SHIPPING (MARINE BOARDS) REGULATIONS

ARRANGEMENT OF REGULA nONS

REGULATION

1. Short title.
2. Interpretation.
3. Attorney-General to appear for Government.
4. Summoning of Marine Board.
5. Notice of investigation.
6. Parties to the proceedings.
7. Parties by permission.
8. Notice to produce.
9. Notice to admit.
10. Evidence.
11. Proceedings of Board.
2. Addresses and evidence for the parties.
13. Examination of witnesses.
14. Questions for the Board. 15. Addresses.
15. Adjournment.
16. Decision of the Board.
17. Costs.
18. Copy of report.
19. Re-hearing of the case. 21 . Service of notices.
20. Proof of service.
21. Assessors’ allowances.
22. Publication of Regulations.

SCHEDULE
Prescribed forms
MERCHANT SHIPPING (MARINE BOARDS) REGULATIONS

[L.N.116 0f 1964.]

under section 408

[ 10th October, 1964]
[Commencement.]

1. Short title

These Regulations may be cited as the Merchant Shipping (Marine Boards) Regulations.
2. Interpretation

In these Regulations, unless the context otherwise requires-

“Attorney-General” means the Attorney-General of the Federation and includes any person authorised by him to exercise his functions under these Regulations;

“Board” means a Marine Board constituted under section 255 of the Act;

“investigation” means a formal investigation into a shipping casualty or into a charge of incompetency or misconduct;

“prescribed fee” means the fee which may be prescribed by regulations made under section 441 (q) of the Act;
“President” means the President of the Marine Board.

3. Attorney General to appear for Government
Every investigation shall be conducted on behalf of the Government by the Attorney- General.

4. Summoning of Marine Board

When any investigation has been ordered, the Minister shall summon the Board by summons as in Form 1 in the Schedule to these Regulations and he shall, at the same time, cause notice of the sitting as in Form 2 in the Schedule to these Regulations to be served upon the Attorney-General and upon the owner, master and officers of the ship, and upon any other person who in his opinion ought to be served.
[Form 1. Form 2.)

5. Notice of investigation

(1) When an investigation has been ordered, the Attorney-General may cause a notice (hereinafter referred to as “notice of investigation”) to be served upon the persons already served with notices of the sitting and upon any other person who in his opinion ought to be served with such notice.
(2) The notice of investigation shall contain a statement of the questions which on the information then in the possession of the Attorney-General, he intends to raise on the hearing of the investigation and shall be as in Form 3 in the Schedule to these Regulations.

[Form 3.]

(3) The Attorney-General may, at any time before the hearing of the investigation, by a subsequent notice amend, add to or omit any of the questions specified in the notice of investigation

6. Parties to proceedings
The Attorney-General, the owner, the master, and any officer of the ship and any other person upon whom a notice of investigation has been served, shall be deemed to be the parties to the proceedings.

7. Parties by permission

Any other person may, by leave of the President, appear and any person who appears under this regulation shall thereupon become a party to the proceedings.

8. Notice to produce

A party may give to any other party notice in writing to produce any documents re- lating to the matters in dispute which may be lawfully produced and which are in the possession or under the control of such other party; and, if the notice is not complied with, secondary evidence of the contents of any such document may be given by or on behalf of the party who gave such notice.

9. Notice to admit

A party may give to any other party notice in writing to admit any documents; and, in case of neglect or refusal to admit after such notice, the party so neglecting or refusing shall be liable for all the costs of proving the documents, whatever may be the result, unless the President is of the opinion that the refusal to admit was reasonable; the cost of proving any document shall not be allowed when the notice required by this section has not been given unless the officer by whom the costs are taxed is of the opinion that the omission to give the notice constitutes a saving of expense.

10. Evidence

Affidavits and statutory declarations may, by permission of the President, be used as evidence at the hearing if sworn to or taken in the manner provided by the law of Nigeria.

11. Proceedings of Board

At the time and place appointed for holding the investigation, the Board may proceed with the investigation whether the parties, upon whom a notice of investigation has been served, or any of them, are present or not.

12. Addresses and evidence for the parties

(1) After the question for the opinion of the Board has been stated, the Board shall proceed to hear the parties to the investigation and determine the question so stated.

(2) Each party to the investigation shall be entitled to address the Board and to pro- duce witnesses, or to recall any of the witnesses who have already been examined for further examination, and generally to adduce evidence.

(3) The parties shall be heard and their witnesses examined, cross-examined and re-examined in such order as the President may direct.

(4) The Attorney-General may also produce and examine further witnesses, who may be cross-examined by the parties and re-examined by him.

13. Examination of witnesses
(1) The proceedings on the investigation shall commence with the production and examination of witnesses by the Attorney-General.

(2) These witnesses, after being examined by or on behalf of the Attorney-General, may be cross-examined by the parties in such order as the President may direct and may then be re-examined by the Attorney-General.

(3) Questions asked and documents tendered as evidence in the course of the examination of these witnesses shall not be open to objection merely on the ground that they do, or may, raise questions which are not contained in, or which vary from, the statement of the case or questions specified in the notice of investigation or subsequent notices referred to in regulation 5 of these Regulations.

14. Questions for the Board

(1) When the examination of the witnesses produced by the Attorney-General has been concluded, the Attorney-General shall state in an open session of the Board the questions in reference to the casualty, and the conduct of the officers, or other persons connected therewith, upon which the opinion of the Board is desired.

(2) In framing the questions for the opinion of the Board, the Attorney-General may make such modifications, in addition to, or omissions from, the questions in the notice of investigation or subsequent notices referred to in regulation 5 of these Regulations as, having regard to the evidence which has been given, he may think fit.

15. Addresses

When the whole of the evidence in relation to the questions for the opinion of the Board has been concluded, any of the parties who desire to do so may address the Board upon the evidence, and the Attorney-General may address the Board in reply upon the whole case.

16. Adjournment

The President may adjourn the investigation from time to time and from place to place; where an adjournment is asked for by a party to the investigation or by the Attor- ney-General, the President may impose such terms as to payment of costs or otherwise as he may think just as a condition of granting such adjournment.

17. Decision of Board
(1) When the certificate of an officer is cancelled or suspended, the decision of the Board to that effect shall always be given in an open session of the Board.

(2) In other cases, the President may give the decision in an open session of the Board or by serving a copy thereof on the parties.

(3) The decision of the Board shall be in the form of a report as in Form 5 in the Schedule to these Regulations.
[Form 5.]

(4) The report shall be sent to the Minister immediately after the conclusion of the investigation.

18. Costs
The President may order that the costs and expenses of the investigation, or any part thereof, shall be paid by the Attorney-General or by any other party as in Form 4 in the Schedule to these Regulations.

[Form 4.]

19. Copy of report

The Minister shall, if application is made to him therefor, give to any party to the proceedings, a copy of the Board’s report, on payment of a prescribed fee.

20. Re-hearing of the case

Where the High Court remits a case for re-hearing in accordance with section 255 (1) of the Act, the Minister shall cause such reasonable notice of the remission, as the cir- cumstances of the case may, in his opinion, permit, to be given to the parties whom he considers to be affected thereby.

[Cap. M11.]

21. Service of notices

Any notice, summons or other document issued under these Regulations may be served by sending the same by registered letter to the address of the person to be served.

22. Proof of service
The service of any notice, summons or other document may be proved by the oath or affidavit of the person by whom it was served.

23. Assessors’ allowances

There shall be paid by the Board to each assessor who is not a member of the public service of the Federation or a State, the sum of ten naira for each day of the hearing or a part thereof.

24. Publication of Regulations
A copy of these Regulations shall be kept at every Ministry, Mercantile Marine and Harbour Masters’ Office and any person desiring to peruse them shall be entitled to do so.

SCHEDULE

Prescribed forms [Regulation 4, 5 (2), 18 and 19.]

FORM 1

Summons to Board

In the matter of a formal investigation to be held at ……………………………into the
circumstances attending the ……………………………………………………………………….. .
In pursuance of the Merchant Shipping Act (Cap. Mil), and of the Merchant Shipping (Marine Boards) Regulations, I hereby summon you to attend as President (or Member or Scientific referee) on this investigation:
at ………………on the …….. day of ……………..at the hour of ……… in the … .. noon.
DATED this . ………………. day of ……………………………….. ………………. ..20 ……. .
…………………………………………………. Minister of Transport
I shall attend as summoned.
………………………………………………………………….. (Signature of person summoned)
FORM 2 [Regulation 4.)

Notice of sitting of Board
In the matter or a formal investigation to be held at …………………………………… .
into the circumstances attending the …………………………………………………………….
To ………………………………..; the Master, Managing Owner, or Owner of ……… .
shares in the ship, the appellant (or the Attorney-General).
Take notice that the Board for the above investigation shall meet at ………………
on the ………..day of ……………………20 ………. at …………….o’clock in the ….noon
to hear the above matter.
DATED this …………………day of …………………………………………………… 20 ……..
……………………………………. Minister of Transport
FORM 3 [Regulation 5 (2).]
Notice of investigation
To ………………………………………………………………. ………Master, Mate, Engineer, M.E.A.,
Owner, etc., of ………….. or belonging to the ship of ……………………………………….
I hereby give you notice that the Minister has ordered a formal investigation into the circumstances
attending the ……………………………………………………………………………………………. .
and subjoined hereto is a copy of a report (or statement of the case) upon which the said investigation has been ordered. You are hereby required to produce to the Marine Board all documents relevant to this case which may be in your possession and in particular, the following documents-
……………………………………………………………………………………………………………………………………… further give you notice that on the information at present available to me, the questions annexed hereto are those upon which it appears desirable to seek the opinion of the Marine Board; these questions are however subject to alteration, addition, omission or amendment at any time before the hearing of the investigation.
DATED this ……………….. day of …………………………………………………….20 ……..
……………………………… .Attorney-General
I. Report (or statement of case) II. Questions.
1. Whether the
(Here insert the proposed questions)
FORM 4 [Regulation 18.]
Order on a party for payment of costs of investigation
In the matter of a formal investigation held at ……………………………………………,
on the* …………………………………………………………………………………………… days of
before ……………………………………………………………………………………….. assisted by
…………………………………………………………………..into the circumstances attending
The Board orders-
(1) That…………………………………………………………………………………………. of ……………… do pay to the Attorney-General the sum of on account of the expenses of this investigation; or
(2) That the Attorney-General do pay to …………………………………………………………………….
of ………………………………………………….the sum of ………………………… on account
of the expenses of this investigation.
GIVEN under my hand this ………………….. day of …………………………….. 20 .
………………………………. President
* Here state all the days on which the Marine Board sat.
FORM 5 [Regulation 17 (3).]
Report of Board
In the matter of a formal investigation held at …………………………………………….On the* …………………………………………………………………………………………………………………day of
……………………………………………………… before ……………………………………………….
assisted by ……………………………………………………………………………into the circumstances
attending the ……………………………………………………………………………………………. .
The Marine Board, having carefully inquired into the circumstances attending the above-mentioned shipping casualty, finds, for the reasons stated in the Annex hereto, that the (here state finding of the Board).
DATED this ………………… day of …………………………………………………….20 ……. .

………………………………………………….. President

I do/do not concur in the above report. Member.
Member.
Member.
Member.
ANNEX TO THE REPORT

(Here state fully the circumstances of the case, the opinion of the Marine Board touching the causes of the casualty, and the conduct of any persons implicated therein, and whether the certificate of any officer is either suspended or cancelled, and if so for what reasons).

*Here state all the days on which the Marine Board sat.
If a Member does not concur in the report his reasons for dissenting therefrom shall be annexed to the report.

MERCHANT SHIPPING (RECEIVER OF WRECK AND ASSISTANT RECEIVERS OF WRECK)

(APPOINTMENT) NOTICE

ARRANGEMENT OF NOTICE
NOTICE

1. Appointment of Receiver and Assistant Receiver. 2. Short title and repeal.

SCHEDULE
MERCHANT SHIPPING (RECEIVER OF WRECK AND ASSISTANT RECEIVERS OF WRECK) (APPOINTMENT) NOTICE [L.N. 141 of 1964.] under section 286
[17th December, 1964]
1. Appointment of Receiver and Assistant Receiver

The persons holding the offices specified in the First Column of the Schedule hereunder are hereby appointed to the respective posts specified in the Second Column for the areas specified in the Third Column as set opposite the designated office.

2. Short title and repeal

MERCHANT SHIPPING (BOARD OF SURVEY) REGULATIONS

ARRANGEMENT OF REGULATIONS

REGULATION

1. Short title.
2. Interpretation.

3. Filing of notice of appeal.

4. Proceedings for constituting Board.

5. Summoning of Board.

6. Notice to complainant of hearing.

7. Forwarding copy of government surveyor’s report.
8. Time of hearing.
9. Parties to proceedings.
10. Parties by permission.
11. Notice to produce.
12. Notice to admit.
13. Affidavits and statutory declarations.
14. Case for Government.
15. Case for complainant.
16. Case for appellant.
17. Witnesses in reply.
18. Addresses of parties.
19. Adjournment.
20. Deli very of decision.
21. Order of the Board.
22. Costs.
23. Service of notices.
24. Proof of service.
25. Member fees.
26. Publication of Regulations.

SCHEDULE

Forms

MERCHANT SHIPPING (BOARD OF SURVEY) REGULATIONS

[L.N.9of1965.] under section 408

[31 st December, 1964]
[Commencement.]

1. Short title

These Regulations may be cited as the Merchant Shipping ( Board of Survey) Regulations.

2. Interpretation

In these Regulations-

“appellant” means any aggrieved persons appealing to the Board under section 137 of the Act;

[Cap. M11.]

“Attorney-General” means the Attorney-General of the Federation and includes any person authorised by him to carry out his functions under these Regulations;

“Board” means a Board of Survey appointed under section 200 of the Act;

“chairman” means the chairman of the Board.

3. Filing of notice of appeal

Every appellant shall file at the office of the Government Inspector of Shipping a no- tice in Form 1 in the Schedule to these Regulations.
[Schedule. Form 1.]

4. Proceedings for constituting Board

Immediately on the filing of the notice of appeal, the Government Inspector of Ship- ping shall inform the Minister, and, if the ship is a foreign ship, he shall give notice to the consular officer in the Federal Republic of Nigeria for the State to which the ship be- longs, who may nominate one person to act as a member of the Board and submit the name of such person to the Minister.

5. Summoning of Board

When the Minister has issued an order constituting the Board, the person appointed to act as chairman shall summon the Board by issuing a notice in Form 2 of the Schedule to these Regulations.

6. Notice to complainant of hearing

If the survey has been made on the complaint of any person (hereinafter referred to as the “complainant”) the chairman shall send to such person notice of the time and place appointed for the hearing.

[Schedule. Form 2.]

7. Forwarding copy of government surveyors report

Before the hearing, the Attorney-General shall forward to the chairman an official copy of the report of the government surveyor; this report shall be produced in evidence at the hearing.

8. Time of hearing

The Board shall, if practicable, be summoned to hear the appeal on a day not later than fourteen days from the filing of the notice of appeal.

9. Parties to proceedings

The Attorney-General and the appellant shall be the parties to the proceedings.

10. Parties by permission

Any other person may by permission of the chairman be made a party to the pro- ceedings.

11. Notice to produce

Either party to the proceedings may give to the other a notice in writing to produce such documents (which may lawfully be produced) relating to any matter in dispute which are in the possession or under the control of such other party; if such notice is not complied with, secondary evidence of the contents of any such documents may be given by or on behalf of the party who gave the notice.

12. Notice to admit

Any party to the proceedings may give to any other party a notice in writing to admit any documents (saving all just exceptions); and, in case of neglect or refusal to admit after such notice, the party so neglecting or refusing shall be liable for all the costs of proving such documents, (whatever the result may be) unless the Board is of opinion that the refusal to admit was reasonable. The costs of proving any document shall not be allowed when the notice required by this section has not been given unless the officer by whom the costs are taxed is of the opinion that the omission to give notice constitutes a saving of expense.

13. Affidavits and statutory declarations

Affidavits and statutory declarations may, by permission of the chairman (and saving all just exceptions) be used in evidence at the hearing if sworn to or taken in the manner provided by law.

14. Case for Government

At the hearing the Attorney-General shall open the case for the government stating what order he requires the Board to make and thereafter call his witnesses.

15. Case for complainant

The complainant, if he appears, shall open his case stating what order he requires the Board to make and thereafter call his witnesses.

16. Case for appellant
The appellant shall then open his case stating what order he requires the Board to make and thereafter call his witnesses.

17. Witnesses in reply

After the appellant has examined all his witnesses, the Anorney-General and the complainant may, on cause being shown to the satisfaction of the Board, call further witnesses in reply.

18. Addresses of parties

After all the witnesses have been examined, the Board shall first hear the appellant, then the complainant (if any) and afterwards the Attorney-General.

19. Adjournment

The chairman may at his discretion adjourn the Board’s sitting from time to time and from place to place on any terms or conditions he may deem fit.

20. Delivery of decision

The chairman shall record the decision of the Board and cause the same to be sent or delivered to the parties. It shall not be necessary to hold a sitting of the Board specifically for the purpose of giving its decision.

21. Order of the Board

As soon as possible after the Board has come to its decision, the Board shall issue an order in Form 3 in the Schedule to these Regulations, and the chairman shall forthwith forward a copy of this order to the Minister.
[Schedule. Form 3.]

22. Costs

The Board may, if it thinks fit, make any order in respect of costs of the inquiry or survey.

23. Service of notices

Any notice, summons or other document issued by the Board may be served by reg- istered post.

24. Proof of service
The service of any notice, summons or other document may be proved by the oath or affidavit of the person who served the notice.

25. Member fees

There shall be paid to each member of the Board who is not a public officer, and to any scientific referee appointed under section 258 (1) of the Act who is not a public offi- cer, the sum of ten naira for each day or a part thereof of the sitting of the Board.

26. Publication of Regulations
A copy of these Regulations shall be kept at the office of the Government Inspector of Shipping and at every Ministry, Mercantile Marine and Harbour Master’s Office, and
may be perused at every such office by the master or owner or any person authorised from any ship which may be provisionally detained under the Act.
SCHEDULE

[Regulation 3.]
FORM 1
Notice of appeal

In the matter of the ship …………………………………………………………………………..
To:
The Government Inspector of Shipping, Federal Ministry of Transport,
Lagos.
Take notice that I, (name and address) …………………………………………………………
the master (or owner of ……………………………………………………..shares) of the said
ship do appeal against-
(1) the report of …………………………………………………………………………………………the
government surveyor; or

(2) the refusal to give a clearance under section 135 of the Merchant Shipping Act, Cap. M11.
The address at which all notices and documents may be served by post or otherwise on me is …………………………………………………………………………………………………………………………………………………………………………………………………..
DATED this ………………… day of …………………………………………………….20 ……….
……………………………………………………………………..
(To be signed by theAppellant) NOTE.-If it is intended to object to any specified person being a member of the BOARD OF SURVEY, the fact must be stated on this form together with the grounds for the objection.

FORM 2 [Regulation 5.]

Summons to Board

The Board of Survey for Nigeria.
In the matter of an appeal by …………………………………………………………………….
from the report of ……………………………………………………………… , the government
surveyor at ………………………………………………………………(or as the case may be).
FORM 2-continued
In pursuance of the Merchant Shipping Act Cap.M11, I hereby summon you to attend as
……….. on this appeal at ………………a.m. on the ……..day of ……………… 20 ……….
A copy of the notice of appeal is attached.
DATED at ……………………. this ……………………………. day of ………………20
……………………………………………………….
Chairman of the Board
I shall attend as summoned. ……………………………………………………………..
(Signature of person summoned)
FORM 3
[Regulation 21.]
Report of members of Board
The Board of Survey for Nigeria.
In the matter of an appeal by …………………………………………………………………………………………..
from the report of …………………………………………………………………………………….. . ……………………………………………………………………………………………………………………
the government surveyor at …………………………………………………………………(or as the case may be).
We ………………………………………………………………………………………………………do report that having
heard this appeal, we did order the said ship to be released (or detained finally or conditionally
upon ………………………………………………) for the reasons set forth in the annexed statement.
We are also of opinion that the costs of this appeal shall be paid by the appellant (or by the Government), or (that all parties shall bear their own costs).
DATED at ……………………..this ……………….. day of …………………………20 ……. .
Chairman …………………. ……… .
Member ……………………………….
Member ……………………………….

MERCHANT SHIPPING (DIRECTION-FINDERS) RULES

ARRANGEMENT OF RULES

RULE
1. Short title and revocation
2. Interpretation and transitional provisions.

RULE

3. Ships to which the Rules apply.

4. Provision of direction-finder.

5. Climatic and durability tests.

6. Installation of direction-finder.

7. Interference with reception.

8. Means of communication.

9. Restriction on use of direction-finder.

10. High voltage parts.

11. Supply of electrical energy.

12. Charging of batteries.

13. Calibration.

14. Records of calibration and verification.

15. Wiring diagrams and instructions.

FIRST SCHEDULE

Transitional provisions

SECOND SCHEDULE

Direction-finder

THIRD SCHEDULE

Climatic and durability tests
FOURTH SCHEDULE

Certificate of calibration of direction-finder

FIFTH SCHEDULE

Record of check bearings taken by means of the direction-finder

MERCHANT SHIPPING (DIRECTION-FINDERS) RULES [L.N. 68 of 1964.] under section 147
[28th February, 1966]

[Commencement.]

1. Short title and revocation

(1) These Rules may be cited as the Merchant Shipping (Direction-Finders) Rules.
(2) The Merchant Shipping (Radio and Direction-Finders) Rules 1964 to the extent that they apply to direction-finders, shall be revoked.

(3) For the avoidance of doubt, the Merchant Shipping (Direction-Finders) Rules 1952 of the United Kingdom, to the extent to which they applied to direction-finders shall be deemed to have been revoked with effect from 11 June 1964; and the entry in the Third Schedule of the Merchant Shipping Act shall be deleted accordingly.
2. Interpretation and transitional provisions

(1) In these Rules, unless the context otherwise requires-

“existing installation” means-

(a) an installation wholly installed before these Rules came into force; and

(b) an installation, part of which was installed before these Rules came into force and the rest of which consists either of parts installed in replacement of identical parts or parts which comply with these Rules;

“fishing boat” has the same meaning as in section 2 of the Merchant Shipping Act; [Cap. M11.]

“interference” has the same meaning as in section 3 of the Wireless Telegraphy Act; [Cap. W5.]

“mile” means a nautical mile of 6,080 feet;

“tons” means gross tons;
In relation to classes of emission-

“class A1” means telegraphy by on-off keying without the use of a modulating audio frequency;

“class A2” means telegraphy by the on-off keying of an amplitude-modulating audio frequency or audio frequency, or by the on-off keying of the modulated emission;

“class B” means damped waves.

(2) These Rules shall have effect subject to the transitional provisions contained in the First Schedule of these Rules.

3. Ships to which the Rules apply

(1) Subject to the provisions of paragraph (2) of this rule, these Rules shall apply to-
(a) sea-going Nigerian ships of 1,600 tons or over; or
(b) other sea-going ships of 1,600 tons or over which are within any port in Nigeria if such sea-goings ships are not-

(i) troopships registered elsewhere other than in Nigeria;
(ii) ships propelled otherwise other than in Nigeria;
(iii) pleasure yatchs; or
(iv) fishing boats.

(2) Nothing in these Rules shall apply to ships engaged otherwise than on international voyages.

4. Provision of direction-finder

Every ship to which these Rules apply shall be provided with a direction-finder complying with the requirements specified in the Second Schedule of these Rules, and such ship shall, if registered in Nigeria, comply with the Performance Specification for a Direction Finding Equipment issued by the Ministry of Communications or with the Performance Specification for a Direction Finder Equipment 1965 issued by the Postmaster General of the United Kingdom.

5. Climatic and durability tests

(1) The direction-finder shall be free from mechanical defects and shall comply with the requirements of these Rules-

(a) while undergoing the vibration, dry heat, and low temperature tests required by the Third Schedule of these Rules;

[Third Schedule.]

(b) when subjected to the damp heat test required by the said Third Schedule; and
(c) immediately after undergoing the other tests required by the said Third Schedule.
(2) The direction-finder aerial system referred to in the Second Schedule of these Rules shall be such that after undergoing the mould growth tests required by the Third Schedule of the Rules, no mould shall be present on it.

6. Installation of direction-finder

(1) The direction-finder shall be installed in such a position that efficient determination of radio bearings by means of the direction-finder shall not be hindered by extraneous noises.

(2) (a) The direction-finder aerial system referred to in the Second Schedule of these Rules shall be mounted in such a manner that the efficient determination of radio bearings by means of the direction-finder shall be hindered as little as possible by the proximity of aerials, derricks, wire halyards and other large metal objects.

(b) Unless the feeder cables connecting the direction-finder aerial system with the receiver forming part of the direction-finder, consist of solid dielectric screened cable, they shall be protected by metal tubes which are bonded to earth and the joints of the feeder cables shall be watertight.

7. Interference with reception

(1) At no time when a ship to which these Rules apply is at sea shall interference or mechanical noise produced by the direction-finder required by these Rules or by other equipment in the ship, be such as would prevent the efficient determination of radio bearings by means of the direction-finder. (2) Any ship to which these Rules apply which is provided with a direction-finder not being an existing installation, shall also be provided with a communal aerial system for all broadcast receivers in respect of which it is impracticable to erect efficient and properly installed aerials which-

(a) are outside a radius of 50 feet from the direction-finder aerial; or
(b) do not rise above the base of the direction-finder aerial; or
(c) can be lowered quickly and stored easily when the direction-finder is in use.
8. Means of communication

(1) In every ship to which these Rules apply an efficient two-way means of calling and voice communication shall be provided between the receiver forming part of the direction-finder and the bridge from which the ship is normally navigated.
(2) In every such ship an efficient means of signalling shall be provided between the receiver forming part of the direction-finder and the ship’s standard compass or gyro compass repeater, if any.

9. Restriction on use of direction-finder

The direction-tinder required by these Rules shall not be used-

(a) for any purpose other than the business of the ship; or
(b) for keeping the radio required under the provision of radio rules made under the Act.

10. High voltage parts

(1) All parts and wiring of the equipment specified in these Rules in which the direct and alternating voltages (other than radio frequency voltages) combine at any time to give an instantaneous voltage greater than 50 volts, shall be protected from accidental access.

(2) All parts and wiring of the equipment specified in these Rules (other than the parts and wiring of a rotating machine) in which the direct and alternating voltages (other than radio frequency voltages) combine at any time to give an instantaneous voltage greater than 250 volts, shall be isolated automatically from all sources of electrical energy when the means of protection are removed.

11. Supply of electrical energy
There shall be available in every ship to which these Rules apply at all times while at sea and at all reasonable times when in port, a supply of electrical energy sufficient for the operation of the direction-finder in accordance with these Rules, and for testing purposes, and for the charging of any batteries which are a source of electrical energy for the direction- finder.

12. Charging of batteries
Where batteries are provided as a source of energy for the direction-finder, means shall be provided on board the ship for the charging of the batteries from the ship’s main source of electrical energy and the master of the ship shall cause the batteries to be tested once a day by voltmeter, and once a month by hydrometer, and shall cause any battery which is found not to be fully charged to be fully charged as soon as possible.

13. Calibration

(1) The master of every ship to which these Rules apply shall cause the direction-finder to be calibrated in accordance with the provisions of this rule as soon as practicable after it has been installed in the ship, and whenever any change is made in the position of the direction-finder aerial system.

(2) The direction-finder shall be calibrated by two persons, one being experienced in the taking of radio bearings and the other being experienced in the taking of visual bearings. The calibration shall be carried out by taking simultaneous radio and visual bearings of a calibrating transmitter and such bearings shall be taken at intervals of not greater than 5 degrees throughout 360 degrees on a frequency between 285 kc/s and 315 kc/s.

(3) Calibration tables and curves shall be prepared on the basis of the bearings taken in accordance with the provisions of paragraph (2) of this rule.

(4) The master of the ship shall cause the calibration tables and curves prepared in accordance with the foregoing provisions of this rule to be verified by means of check bearings-

(a) at intervals not exceeding twelve months; and

(b) whenever any change is made in any structure or fitting on deck which is likely to affect the accuracy of the direction-finder, and if such verification shows that the calibration tables or curves are materially inaccurate, the master of the ship shall cause the direction-finder to be re-calibrated as soon as practicable in the manner specified in paragraphs (2) and (3) of this rule.

14. Records of calibration and verification

The master of every ship to which these Rules apply shall cause the records to be kept on board in a place accessible to any person operating the direction-finder, and to be available for inspection at any reasonable time by a surveyor of ships, that is to say, records of or comprising-

(a) a list or diagram indicating the condition and position, on the most recent occasion on which the direction-finder was calibrated, of-

(i) the aerials; and
(ii) all movable structures, on board the ship which might affect the accuracy of the direction-finder;

(b) the calibration tables and curves prepared on the most recent occasion on which the direction-finder was calibrated;

(c) a certificate of calibration in the form specified in the Fourth Schedule of these Rules relating to the most recent occasion on which the direction-finder was calibrated and signed by the persons making the calibration; and

[Fourth Schedule.]

(d) in the form specified in the Fifth Schedule of these Rules, check bearings taken for the verification of calibration, the bearings being numbered in the order in which they were taken.
[Fifth Schedule.]

15. Wiring diagrams and instructions

A schematic wiring diagram of the direction-finder and a book containing adequate instructions as to the use of the direction-finder shall be provided and shall be available at all times for use by any person operating or testing the direction-finder.
SCHEDULES

FIRST SCHEDULE

[Rule 2 (2).]
Transitional provisions

1. Rules 4 and 5 of these Rules shall not apply to any ship fitted with a direction-finder which is an existing installation, or which is installed before 28 February 1968 if it complies with the requirements of the Twelfth and Thirteenth Schedules of the Merchant Shipping (Radio and Direction-Finders) Rules which would have been applicable to it if the Rules of 1964 had not been revoked.

2. Rules 4 and 5 of these Rules shall not apply to any ship which before 1 August 1966 was fitted with a direction-finder which is an existing installation not complying with the requirements of the Twelfth and Thirteenth Schedules of the Merchant Shipping (Radio and Direction-Finders) Rules as aforesaid if the direction-finder is capable of-

(i) receiving Class A 1, A2 and B emissions on all frequencies from 255 kc/s to 525 kc/s; and
(ii) taking radio bearings when the field strength at the direction-finder aerial system is as low as 50 microvolts per metre.

SECOND SCHEDULE [Rule 4.]

Direction-finder

1. General

The direction-finder shall include a receiver and a direction-tinder aerial system. The mechanical parts of the direction-finder aerial system, other than ball, bearings, hose clips, set screws and other similar small parts, shall consist of non-magnetic material.

2. Frequency ranges and classes of emission
The receiver shall be capable of receiving Class AI, A2 and B emissions of any frequency within the range of 255 kc/s to 525 kc/s.

3. Sensitivity

In the absence of interference the direction-finder shall have sufficient sensitivity to permit accurate bearings being taken on a signal having a field strength as low as 50 microvolts per metre.

4. Accuracy of bearings
When the direction-finder is tested, and after due allowance has been made for any site errors, the bearing as indicated by the scale of the direction-finder shall be within one degree of the correct bearing. This requirement shall be met at all frequencies in the range of frequencies specified in paragraph 2 of this Schedule and throughout the whole 360 degrees of azimuth regardless of the previous setting of the bearing indicator.

5. Radiation

The receiver when in use shall not produce a field exceeding 0.1 microvolt per metre at a distance of one mile from the receiver.
THIRD SCHEDULE

Climatic and durability tests
1. In this Schedule-

(1) references to Class B equipment shall be construed as references to each part of the direction-finder other than the direction-finder aerial system;

(2) references to Class X equipment shall be construed as references to the direction-finder aerial system.

2. Class B and Class X equipment shall be subjected to tests conducted in the order in which they appear in the following Table-

Table

Nature of test Classes of equipment which the test shall be applied
Visual Inspection and Performance Test B and X
Inspection under Vibration B and X
Bump Test B and X
Dry Heat Cycle B and X
Damp Heat Cycle B and X
Low Temperature Cycle B and X
Rain Test X
Immersion Test X
Corrosion Test B and X
Mould Growth Test X
Visual Inspection and Performance Test B and X

3. The Tests referred to in paragraph 2 of this Schedule shall be conducted respectively in the manner described in the Performance Specification for the Climatic and Durability Testing of Marine Radio Equipment issued by the Ministry of Communications or in the Performance Specification for Climatic and Durability Testing of Marine Radio Equipment issued by the Postmaster-General of the United Kingdom.
FOURTH SCHEDULE [Rule 14 (c).]

Certificate of calibration of direction-finder We, the undersigned, hereby certify that we have this day-

(a) calibrated in accordance with the Merchant Shipping (Direction-Finders) Rules the direction-finder installed in the s.s _____ m.v.

(b) handed to the master of that ship tables of calibration corrections;

(c) adjusted the said direction-finder so that the readings taken thereby, when corrected with such tables, differed from the correct bearings by no more than plus or minus two degrees.
We hereby further certify that the master of the said ship has been furnished with a list or diagram indicating the condition and position, at the time of such calibration, of the aerials and of all moveable structures on board the ship which might affect the accuracy of the direction-finder.

……………………………………………………………….
Radio Observer

……………………………………………………………….
Visual Observer
……………………………………………………………….
Date
MERCHANT

MERCHANT SHIPPING (TIMBER CARGO) RULES

ARRANGEMENT OF RULES

PART 1
RULE
1. Short title, commencement and application. 2. Interpretation.
PARTII
Rules for the carriage of timber deck cargoes on all ships
3. Deck openings covered by timber deck cargo.
4. Stowage.
5. Protection of crew access to machinery spaces, etc.
6. Steering arrangements.
7. Lashings.
8. Uprights.

PARTIV

Additional rules applying to steamers using timber load lines

9. Application.
10. Stowage11.Lashings

12. Means of securing uprights.

SCHEDULE
MERCHANT SHIPPING (TIMBER CARGO) RULES [L.N.10 of 1965.] under section 408

PART I
1. Short title, commencement and application
(1) These Rules may be cited as the Merchant Shipping (Timber Cargo) Rules, and shall come into operation on a date to be notified in the Federal Gazette.

(2) These Rules shall apply to all ships carrying a timber deck cargo.

2. Interpretation

In these Rules, unless the context otherwise requires-

”freeboard deck” has the same meaning as in the Load Line Rules;

“Load Line Rules” means the rules made by the Minister under section 185 of the Act;
[L.N. 108 of 1964.]

“superstructure deck” means the deck forming the top of a superstructure as defined in the Load Line Rules;
“timber deck cargo” means a cargo of timber carried on an uncovered part of a freeboard or superstructure deck, but does not include a cargo of wood pulp or similar substance;

“timber load line” means a special load line to be used only when a ship carrying a timber deck cargo complies with these Rules and the Load Line Rules.
PART II
Rules for the carriage of timber deck cargoes on all ships
3. Deck openings covered by timber deck cargo

Openings to spaces below the freeboard deck shall be securely closed and all fittings such as hatchway beams, fore-and-afters and covers, shall be in place. Where hold ventilation is needed, the ventilators shall be sufficiently protected.
4. Stowage

(1) The timber deck cargo shall be compactly stowed, lashed and secured. It shall not interfere in any way with the navigation and necessary work of the ship, or with the provision of a safe margin of stability at all stages of the voyage, regard being given to additions of weight such as those due to absorption of water, and to losses of weight such as those due to consumption of fuel and stores.
(2) In the case of a ship within any of the areas set out in the second column of the Schedule to these Rules, during the periods set out respectively opposite to such areas in the third column of the said Schedule, the height of the timber deck cargo above the freeboard deck shall not exceed one third of the extreme breadth of the ship.
5. Protection of crew access to machinery spaces, etc.
Safe and satisfactory access to the quarters of the crew, to the machinery space and to all other parts used in the necessary work of the ship shall be available at all times. Deck cargo in way of openings which give access to such parts shall be so stowed that the openings can be properly closed and secured against the admission of water. Efficient protection for the crews in the form of guard rails or life lines, spaced not more than twelve inches apart vertically, shall be provided on each side of the timber deck cargo to a height of at least four feet above the cargo. The timber deck cargo shall be so stowed as to be sufficiently level for gangway purposes.

6. Steering arrangements

Steering arrangements shall be effectively protected from damage by cargo, and, as far as practicable, shall be accessible. Efficient provisions shall be made for steering in the event of a breakdown in the main steering arrangements.
7. Lashings

A complete system of overall lashings of ample strength and in good condition, fitted with releasing arrangements, shall be provided so as to give effective security throughout the length of the timber deck cargo. The releasing arrangements shall be accessible at all times. All fittings required for securing lashings shall be of strength corresponding to the strength of the lashings.
8. Uprights

When uprights are required by the nature of the timber-
(a) the uprights shall be of adequate strength and may be of wood or metal;
(b) the spacing shall be suitable for the length and character of timber carried, but shall not exceed ten feet; and
(c) efficient means shall be provided for securing the uprights.
PART III
Additional rules applying to steamers using timber load lines
9. Application

The following additional rules apply to steamers marked with timber load lines when loaded beyond the maximum depth to which they would, for the time being, be entitled under the Load Line Rules to be loaded if they were not marked with timber load lines.
10. Stowage
The wells on the freeboard deck shall be filled with timber stowed as solidly as possible, to a height of at least-
(a) 6 feet for ships up to and including 250 feet in length;

(b) 7 feet 6 inches for ships 400 feet in length and above; and
(c) a proportionate intermediate height for ships above 250 feet but less than 400 feet.
11. Lashings
The timber deck cargo shall be efficiently secured throughout its length by independent overall lashings spaced not more than ten feet apart. Overall lashings shall be in good condition and shall consist of close-link chain of not less than¾ inch, or flexible wire rope of equivalent strength, fitted with sliphooks and stretching screws, which shall be accessible at all times. Wire-rope lashings shall have a short length of long-link chain to permit the length of lashings to be regulated.
When the timber is in lengths of less than twelve feet, the spacing of the lashings shall be reduced to suit the length of timber, or other suitable provision made.
When the spacing of the lashings is five feet or less, the size of the lashings may be reduced; not less than 1/2inch chain or equivalent wire rope shall be used.
12. Means of securing uprights
(1) For the purpose of securing the uprights when these are required by the nature of the cargo, strong angles or metal sockets efficiently secured to the stringer plate or equally efficient means, shall be provided.

(2) On superstructure decks, uprights, where fitted, shall be secured by a thwart ship lashings of ample strength.
SCHEDULE
[Rule 4.]
MERCHANT SHIPPING (PILOT LADDERS) RULES

ARRANGEMENT OF RULES

RULE
1. Short title, application and revocation.

2. Classification of ships.
3. Provision of pilot ladders.
4. Requirements and use of pilot ladders.
5. Supervision of rigging.
6. Equivalents and exemptions.

SCHEDULE
Inland tidal waters areas

MERCHANT SHIPPING (PILOT LADDERS) RULES
[L.N. 74 of 1967.]
under section 408

[28th February, 1966]

[Commenceme.]

1. Short title, application and revocation

(1) These Rules may be cited as the Merchant Shipping (Pilot Ladders) Rules.

(2) These Rules shall apply-
(a) to Nigerian ships;
(b) to ships of any other nationality while in port in Nigeria for reasons unconnected with stress of weather or other circumstance which the master, owner, or charterer (if any), as the case may be, could have prevented or forstalled.

(3) The Merchant Shipping (Pilot Ladders) Rules 1952 of the United Kingdom, to the extent to which they are deemed to have been made under the Merchant Shipping Act and in force, shall cease to have effect in Nigeria; and the reference thereto in the Fourth Schedule to the Act shall be deleted.

[S.1. 1952/1952.]

2. Classification of ships

(1) For the purposes of these Rules, the ships to which these Rules apply shall be arranged in the following c\asses-

(a) passenger ships-

(i) Class I-Passenger ships engaged on voyages (not being short international voyages) any of which are long international voyages;

(ii) Class II-Passenger ships engaged on voyages (not being long international voyages) any of which are short international voyages;

(iv) Class IV-Ships plying only on inland tidal waters and carrying any number of passengers;

(v) Class IV(A)-Ships plying only on inland non-tidal waters and carrying any number of passengers;

(b) ships other than passenger ships-

(i) Class V-Ships (other than ships of Classes I, YeA), IX and X) en- gaged on voyages any of which are long international voyages;

(ii) Class V(A)-Ships employed as fish processing or canning factory ships, and ships engaged in the carriage of personnel employed in the fish processing or canning industries;

(iii) Class VI-Ships (other than ships of Classes II, VII(A), IX and X) en- gaged on voyages (not being long international voyages) any of which are short international voyages;

(iv) Class VII-Ships (other than ships of Classes III to IV(A) inclusive, VII(A), VIII, IX and X) engaged only on voyages which are not international voyages;
(v) Class VII (A)- Tugs and tenders, dredgers, cable-ship buoyage vessels, hopper barges, lighthouse and survey vessels (other than ships of Classes II, III, IV and IV(A) which proceed to sea but are not engaged on long international voyages;

(vi) Class VIII-Ships plying only on any inland waters;

(vii) Class IX-Fishing boats (other than ships of Classes I to IV(A) inclusive);
(viii) Class X-Pleasure yachts (other than ships of Classes I to IV(A) inclusive) of 45 feet in length or over.

(2) In this rule-
“long international voyage” means an international voyage which is not a short international voyage within the meaning of the Act;
“inland tidal waters” means those inland waters as specified in the Schedules to these Rules;

“inland non-tidal waters” means inland waters other than inland tidal waters and includes the river Niger and its effluents;
“sea” does not include any inland waters;
“voyage” includes an excursion.

3. Provision of pilot ladders

(1) Every ship of Classes I, II, V, V(A), VI and VII shall be provided with ‘a pilot ladder which shall comply with the requirements of rule 4 of these Rules.
(2) Ships of Classes III to IV(A) inclusive, and VII(A) to X inclusive, shall not be required to be provided with pilot ladders.

4. Requirements and use of pilot ladders

(1) Every pilot ladder shall be efficient for the purpose of enabling a pilot to embark and disembark safely; and any such ladder shall be used only by pilots, and persons (including officials) authorised by the captain or on his behalf, while a ship is arriving at, or leaving a port.

(2) Every pilot ladder shall be positioned and secured in such a manner-

[L.N.1030f1971.]

(a) that it is clear of any possible discharges from the ship;

(b) that so far as reasonably practicable it is clear of the finer lines of the ship;
(c) that each step rests firmly against the ship’s side;

(d) that the pilot can gain safe and convenient access to the ship after climbing not less than five feet and not more than thirty feet.

(3) A single length of ladder shall be used capable of reaching the water from the point of access to the ship when the ship is in an unloaded condition and in normal trim with no list.
(4) Whenever the distance from the water to the point of access to the ship exceeds thirty feet, access from the pilot ladder to the ship shall be by means of an accommodation ladder or other equally safe and convenient means.

(5) The treads of the pilot ladder shall be of hard wood not less than nineteen inches long, four and a half inches wide and one inch in depth spaced not less than twelve inches nor more than fifteen inches apart and secured in such a manner that they will remain horizontal.

(6) The side ropes of the pilot ladder shall consist of two Manilla ropes, two and a quarter inches in circumference, on each side.
(7) Two man-ropes of not less than two and a half inches in circumference, properly secured to the ship, and a safety line, shall be kept ready for use if required.
(8) Hard-wood battens about six feet long shall be provided at such intervals as will prevent the pilot ladder from twisting, so however that the lowest batten shall not be lower than the fifth step from the bottom of the ladder and that the interval between any batten and the one directly next to it shall not exceed nine steps.
[L.N. 103 of 1971.]
(9) Provision shall be made to ensure safe and convenient passage for the pilot into or off the ship, or to the ship’s deck-
(a) in between the head of the pilot ladder, or any accommodation ladder or any other appliance provided in accordance with paragraph (4) of these Rules;
[L.N. 103 of 1971.]
(b) where the passage is by means of a gateway in rails or bulwark, adequate hand holds shall be provided;
(c) where the passage is by means of a bulwark ladder, two handhold stanchions shall be fitted at the point of boarding or leaving the ship and shall be rigidly secured to the ship’s structure.
(10) A light shall be provided at night so that the pilot ladder overside, as well as the position where the pilot boards the ship, shall be adequately lit.
(11) Provision shall be made to enable the pilot ladder to be used in accordance with the requirements of these Rules on either side of the ship.

5. Supervision of rigging

The rigging of pilot ladders and the embarkation and disembarkation of pilots thereby shall be supervised by a responsible officer of the ship.
6. Equivalents and exemptions

(1) Where these Rules require that a particular fitting, material, appliance or apparatus, or type thereof, shall be fitted or carried in a ship, or that any particular provision shall be made, the President or any person to whom authority is delegated may allow any other fitting, material, appliance or apparatus, or type thereof, to be fitted or carried, or any other provision to be made in that ship if he is satisfied by trial thereof, that such other fitting, material, appliance or apparatus, or type thereof, or provision, is at least as effective as that required by these Rules.
(2) The President or any person to whom authority is delegated may exempt any ship of Class VII from the requirements of these Rules.

SCHEDULE

Inland tidal waters areas

1. All those inland waters in the area bounded by the border with Republic of Benin in the west, the meridian of 5 degrees East longitude in the east, and the parallel of 7 degrees North latitude in the north.

2. All those inland waters in the area bounded by the meridian of 5 degrees East longitude in the west, the meridian of 6 degrees East longitude in the east, and the parallel of 6 degrees 5 minutes latitude in the north.

3. All those inland waters in the area bounded by the meridian of 6 degrees East longitude in the west, the border with the Cameroons in the east, and the parallel of 5 degrees North latitude in the north.

MERCHANT SHIPPING (LIFE-SAVING APPLIANCES) RULES

ARRANGEMENT OF RULES PART I

General

RULE

1. Short title.

2. Interpretation.

3. Ships to which the Rules apply.

4. Classitication of ships.

PART II
Passenger ships
5. Ships of Class I.
6. Ships of Class II.
7. Ships of Class III.
8. Ships of Class IV.
9. Ships of Class IV(A).

Ships other than passenger ships
10. Ships of Class V.
11. Ships of Class V(A).
12. Ships of Class VI.
13. Ships of Class VII.
14. Ships of Class Vll(A).
15. Ships of Class VIII.
16. Ships of Class IX.
17. Ships of Class X.

PART IV

Supplemental requirements for life-saving appliances

18. General requirements for lifeboats.
19. Carrying capacity of lifeboats.
20. Motor lifeboats.
21. Mechanically propelled lifeboats.
22. Class C boats.
23. Liferafts.
24. Buoyant apparatus.
25. Marking of lifeboats, Class C boats, liferafts and buoyant apparatus.
26. Lifebuoys.
27. Lifebuoy lights, smoke signals and lines.
28. Line-throwing appliances.

Provision of equipment and rations in lifeboats, boats and life rafts

29. Equipment for lifeboats, Class C boats and other boats.

30. Rations for lifeboats.

31. Special equipment for certain motor lifeboats.

32. Security of equipment and rations in lifeboats, Class C boats and other boats.

33. Equipment and rations for liferafts.

Stowage and handling of life-saving appliances

34. General provisions relating to stowage and handling of life-saving appliances.

35. Stowage and handling of lifeboats, Class C boats and other boats.

36. Stowage and handling of liferafts, buoyant apparatus, lifebuoys and lifejackets.

PART V
Miscellaneous provisions

37. Embarkation into lifeboats, Class C boats and other boats and liferafts.
38. Manning of lifeboats and liferafts.

39. Certificated lifeboatmen.

40. Portable radio equipment.

41. Electrically operated signals.

42. Electric lighting.
43. Ship’s distress signals.
44. Equivalents and exemptions.
FIRST SCHEDULE
Inland tidal waters areas
SECOND SCHEDULE
Table showing minimum number of sets of davits to be provided and the minimum cubic -capacity of lifeboats in ships of Classes II/ and III

THIRD SCHEDULE

General requirements for lifeboats

FOURTH SCHEDULE

Calculation of cubic capacity of lifeboats

FIFTH SCHEDULE

Machinery of motor lifeboats

SIXTH SCHEDULE

Machinery of mechanically propelled lifeboats

SEVENTH SCHEDULE

Requirements for Class C boats

EIGHTH SCHEDULE
Requirements for life rafts
Part 1.-Inflatable liferafts. Part 2.-Rigid liferafts.
NINTH SCHEDULE
Requirements for buoyant apparatus
TENTH SCHEDULE
Requirementsfor lifebuoys
ELEVENTH SCHEDULE
Requirements for lifejackets
TWELFTH SCHEDULE
Requirements for line-throwing appliances

THIRTEENTH SCHEDULE

Specifications of equipment for lifeboats, boats and liferafts Part I.-Compasses for lifeboats.

Part 2.-Sea anchors for lifeboats and other boats other than Class C boats.
Part 3.-Parachute distress rocket signals for lifeboats and liferafts.

Part 4.-Hand-held distress flare signals for lifeboats and liferafts.

Part 5.-Buoyant smoke signals for lifeboats.

Part 6.-First aid outfits for lifeboats.

Part 7.-Manual pumps for lifeboats.

Part 8.-First aid outfits for liferafts.

FOURTEENTH SCHEDULE

Davits and lifeboats launching gear

Part I.-General.

Part 2.-Construction.

Part 3.- Tests after installation on board.

FIFTEENTH SCHEDULE

Lifeboat disengaging gears
SIXTEENTH SCHEDULE

Liferaft launching appliances

SEVENTEENTH SCHEDULE

Ship’s parachute distress rocket signals

MERCHANT SHIPPING (LIFE-SAVING APPLIANCES) RULES

under section 140

[8th May, 1967]

[Commencement.]

PART I

General

1. Short title

These Rules may be cited as the Merchant Shipping (Life-Saving Appliances)
Rules.
2. Interpretation

(1) In these Rules, unless the context otherwise requires-

“Act” means the Merchant Shipping Act;

[Cap. M11.]

“appropriate authority” in relation to a power or function conferred by or under the Act or these Rules, means the President or such other authority or public officer upon whom such power or function is vested or delegated according to law;

“buoyant apparatus” means flotation equipment (other than lifebuoys and lifejackets) designed to support persons who are in the water;

“certificated lifeboatsman”, in relation to a ship, means any member of the crew who holds a certificate issued by or under the authority of the appropriate authority in accordance with the conditions laid down in rule 39 (2), or any member of the crew who holds a certificate issued by or under the authority of any government outside Nigeria which is accepted by the appropriate authority as being the equivalent of any certificate issued by or under the authority of the appropriate authority;

“certified” means certified by a certificate issued under Chapter 31 of the Act;

“class C boat” means a boat complying with the provisions of rule 22;

“fishing boat” means any power-driven fishing boat to which the Merchant Shipping (Fishing Boat) Regulations apply in accordance with regulation 1 of those Regulations; [L.N. 72 of 1967.]

“launching appliance” means an appliance complying with the provrsion of rule 36 (2);

“length” in relation to a registered ship, means registered length and, in relation to an unregistered ship, means the length from the fore part of the stem to the aft side of the head of the stern post or, if no stern post is fitted to take the rudder, to the fore side of the rudder stock at the point where the rudder passes out the hull;

“lifeboat” means a boat complying with the provisions of rule 18;

“liferaft” means a liferaft complying with the provisions of rule 23;

“mechanically-propelled lifeboat” means a lifeboat (other than a motor lifeboat) complying with the provisions of rule 21;

“motor lifeboat” means a lifeboat complying with the requirements of rule 20;

“passenger ship” means a ship carrying more than 12 passengers;

“passenger ship’s certificate” means a passenger ship’s certificate issued by the appropriate authority pursuant to Chapter 31 of the Act;
“person” means a person over the age of one year;

“power-driven small craft” has the meaning assigned by rule 3 of the Merchant Shipping (Power-Driven Small Craft) Rules;
[L.N. 64 of 1963.]
“ship” has the meaning assigned by section 2 of the Act;
“tanker” means a cargo ship constructed or adapted for the carriage in bulk of liquid cargoes of an inflammable nature;

“tons”, in relation to the tonnage of a ship, means gross tons.

(2) In these Rules, any reference to a Part, rule or Schedule not otherwise identified is a reference to that Part, rule or Schedule to these Rules.

3. Ships to which the Rules apply These Rules apply to-

(a) Nigerian ships; and

(b) other ships while they are within any port in Nigeria:

Provided that these Rules shall not apply to-

(i) a ship by reason of her being within a port in Nigeria if she would not have been in any such port but for stress of weather or any other circumstance that neither the master nor the owner nor the charterer (if any) of the ship could have prevented or forestalled;

(ii) pleasure yachts which are not passenger ships and are less than 45 feet in length;

(iii) power-driven small craft.

4. Classification of ships

(1) For the purposes of these Rules, the ships to which these Rules apply shall be arranged in the following classes

(a) Passenger Ships:

(i) Class I-Passenger ships engaged on voyages (not being short international voyages) any of which are long international voyages;

(ii) Class II-Passenger ships engaged on voyages (not being long international voyages) any of which are short international voyages;

(iii) Class III-Passenger ships in respect of which there is or should be in force a certificate entitled “Passenger Certificate Class III” being a certificate for ships engaged on voyages of any kind other than international voyages and during the course of which the vessels do not proceed more than 50 miles from the coast of Nigeria;
(iv) Class IV-Ships plying only on island tidal waters and carrying any number of passengers;
(v) Class IV(A)-Ships plying only on inland non-tidal waters and carrying any number of passengers;

(b) Ships other than Passenger Ships:

(i) Class V-Ships (other than ships of Classes I, YeA), IX and X) en- gaged on voyages any of which are long international voyages;

(ii) Class V(A)-Ships employed as fish processing or canning factory ships, and ships engaged in the carriage of persons employed on the fish processing or canning industries;

(iii) Class VI-Ships (other than ships of Classes III to IV(A), IX and X) engaged on voyages (not being long international voyages) any of which are short international voyages;

(iv) Class VII-Ships (other than ships of Classes III to IV(A), VII(A), VIII, IX and X) engaged on voyages which are not international voyages;

(v) Class VII(A)-Tugs and tenders, dredgers, cable-ships, buoyage vessels, hopper barges, lighthouse and survey vessels (other than ships of Classes II and III) which proceed to sea but are not engaged on long international voyages;

(vi) Class VIII-Ships plying only on any inland waters;

(vii) Class IX-Fishing boats other than ships of Classes I to IV (A),

(viii) Class X-Pleasure yachts (other than ships of Classes I to IV(A)) of 45 feet or over in length.

(2) In this rule-

“long international voyage” means an international voyage within the meaning of Part IV of the Act which is not a short international voyage within the meaning of that part of the Act;

“inland tidal waters” means inland waters within any of the areas described in the First Schedule;

“inland non-tidal waters” means inland waters other than inland tidal waters and includes the river Niger and its affluents;

“sea” does not include any inland waters;

“voyage” includes an excursion.

PART II

Passenger ships

5. Ships of Class I

(1) This rule applies to ships of Class I.

(2) Every ship to which this rule applies shall carry-

(a) on each side of the ship lifeboats of sufficient aggregate capacity to accommodate one half of the total number of persons which the ship is entitled to carry; or

(b) lifeboats and liferafts together providing sufficient aggregate capacity to accommodate the total number of persons which the ship is certified to carry:

Provided that-
(i) there shall never be less than sufficient lifeboats on each side of the ship to accommodate371/2 percent of the total number of persons which the ship is certified to carry; and
(ii) in the case of any ship, the keel of which was laid before the commencement of these rules, paragraph (b) of this rule shall apply only if the total number of persons on board is not to be increased as a result of the provision of liferafts.
(3) On every ship to which this rule applies two of the lifeboats required by paragraph (2) of this rule shall be kept ready, one on each side of the ship, for immediate use in an emergency while the ship is at sea. These lifeboats shall be not more than 28 feet in length and each of them may be a motor lifeboat and may be counted for the purposes of paragraph (4) of this rule.

Notwithstanding the provisions of rule 35 (13), skates or other suitable appliances are not required to be fitted to these lifeboats.
(4) Every ship to which this rule applies shall carryon each side of the ship at least one motor lifeboat:

Provided that in ships which are certified to carry not more than 30persons, only one such motor lifeboat shall be required.

(5) In every ship to which this rule applies which is certified to carry 1,500 persons or more each of the motor lifeboats carried in compliance with paragraph (4) shall be provided with the equipment specified in rule 31 (1) and in every ship which is certified to carry more than 199 but less than 1,500 persons at least one of the motor lifeboats carried in compliance with paragraph (4) of this rule shall be so provided.

(6) Every motor lifeboat carried in compliance with this rule shall be provided with the equipment specified in rule 31 (2).

(7) Every ship to which this rule applies which does not carryon each side of the ship a motor lifeboat provided with the equipment specified in rule 31

(1) shall carry portable radio equipment which shall comply with the requirements of rule 40.

(8) The lifeboats carried in compliance with this rule shall be not less than 24 feet in length.

(9) In every ship to which this rule applies each lifeboat shall be attached to a separate set of davits which shall be of the gravity type, except that luffing type davits may be fitted for operating lifeboats weighing not more than 21,4 tons in their turning out condition.

(10) The life rafts carried in compliance with paragraph (2) (b) of this rule shall be served by launching appliances. There shall never be less than one such appliance on each side of the ship and the difference in the number of appliances fitted on each side shall not exceed one.

(11) Every ship to which this rule applies shall carry liferafts, which need not be served by launching appliances of sufficient capacity to accomodate25 percent of the total number of persons the ship is certified to carry, together with buoyant apparatus for 3 per cent of that number:

Provided that-
(a) if liferafts are also carried in compliance with paragraph (2) (b) of this rule, all Iiferafts carried shall be of a type capable of being launched by the appliances fitted in compliance with paragraph (10) of this rule; and

(b) ships which have a factor of subdivision of 0.33 or less may carry, in lieu of liferafts for 25 per cent of the total number of persons which the ship is certified to carry and buoyant apparatus for 3 per cent of that number, buoyant apparatus for 25 per cent of that number.

(12) Every ship to which this rule applies shall carry at least the number of lifebuoys determined in accordance with the following table-

Minimum

Length of ship in feet number
Of lifebuoys
Less than 200 …………………………………………………………………………. 8
200 and less than 400 ……………………………………………………………..12
400 and less than 600 …………………………………………………………….1 8
600 and less than 800 ……………………………………………………………..24
800 or over …………………………………………………………………………….30

(13) Every ship to which this rule applies shall carry for every person on board weighing 70 pounds or more a lifejacket which shall comply with the requirements of Part 1 of the Eleventh Schedule to these Rules and for every person on board weighing less than 70 pounds a lifejacket which shall comply with the requirements of Part II of the said Schedule.

(14) In addition to Iifejackets carried in compliance with paragraph (13) of this rule, every ship shall carry Iifejackets for at least 5 per cent of the number of persons which the ship is certified to carry and such lifejackets shall comply with the requirements of Part I of the Eleventh Schedule and shall be stowed on deck in a suitable place which shall be conspicuously marked.

(15) Every ship to which this rule applies shall carry a line-throwing appliance.

6. Ships of Class II

(1) This rule applies to ships of Class II.

(2) Every ship to which this rule applies shall, subject to the provisions of paragraph (8) of this rule and of rule 44 of these Rules, be fitted, in accordance with its length, with the number of sets of davits specified in Column A ofthe table set out in the Second Schedule:

Provided that no ship shall be required to be fitted with a number of sets of davits greater than the number of lifeboats required to accommodate the total number of persons which the ship is certified to carry.

(3) A lifeboat shall be attached to every such set of davits and the lifeboats so attached shall, subject to the provisions of paragraph (8) of this rule, together provide at least the capacity specified in Column C of the table set out in the Second Schedule or the capacity required to accommodate the total number of persons which the ship is certified to carry if this is less.

(4) On every ship to which this rule applies two of the lifeboats required by paragraph (3) of this rule shall be kept ready, one on each side of the ship for immediate use in an emergency while the ship is at sea. These lifeboats shall be not more than 28 feet in length and each of them may be a motor lifeboat and may be counted for the purpose of compliance with paragraph (5) of this rule.

Notwithstanding the provisions of rule 35 (13) of these Rules, skates or other suitable appliances are not required to be fitted to these lifeboats.

(5) Every ship to which this rule applies shall carryon each side of the ship at least one motor lifeboat which shall be provided with the equipment specified in rule 31 (2):

Provided that in ships which are certified to carry not more than 30 persons, only one such motor lifeboat shall be required.

(6) Subject to the provisions of paragraphs (7) and (8) of this rule, when the lifeboats carried in compliance with the foregoing provisions of this rule will not accommodate the total number of persons which the ship is certified to carry, additional sets of davits with a lifeboat attached to each shall be fitted to make up the deficiency in such accommodation.

(7) If, in the opinion of the appropriate authority, the volume of traffic so requires, the appropriate authority may permit any ship to which this rule applies, being a ship which is subdivided in accordance with the requirements of construction rules under the Act, to carry persons in excess of the lifeboat capacity provided on board that ship in compliance with paragraph (3) of this rule:

Provided that-
(a) if such a ship is permitted by the appropriate authority, in pursuance of section 151 (2) of the Act, to proceed to sea from a port in Nigeria on a long international voyage, such a ship shall carry lifeboats attached to davits affording accommodation for at least 75 per cent of the persons on board;

(b) in all cases liferafts shall be carried so that the total number of lifeboats to-gether with such liferafts shall be sufficient to accommodate the total number of persons which the ship is certified to carry; and
(c) in any such ship in which a two-compartment standard of sub-division is not achieved throughout by virtue of the application of the provisions of paragraph (9) of the Second Schedule, there shall be provided liferafts of sufficient aggregate capacity to accommodate 10 per cent of the total number of persons which the ship is certified to carry, such liferafts being additional to those required to be provided in compliance with the sub-paragraph (b) of this paragraph or with sub-paragraph (b) of paragraph (8) and with paragraph (12) of this rule.

(8) Where it is shown to the satisfaction of the appropriate authority that it is impracticable in a ship engaged on a voyage which is not a long international voyage to stow satisfactorily the liferafts carried in that ship in pursuance of paragraph (7) of this rule without reducing the number of lifeboats, the appropriate authority may permit the number of sets of davits required to be fitted under paragraph (2) of this rule and rule 44 (2) of these Rules and the number of lifeboats attached to davits required under paragraph (3) of this rule to be reduced:

Provided that-

(a) the number of lifeboats shall, in the case of ships of 190 feet or over in length, never be less than four, two of which shall be carried on each side of the ship, and in the case of ships of less than 190 feet in length, shall never be less than two, one of which shall be carried on each side of the ship;
(b) the number of lifeboats and liferafts shall always be sufficient to accommodate the total number of persons which the ship is certified to carry; and

(c) where the capacity of the lifeboats together provide less than that specified in Column C of the table set out in the Second Schedule, there shall be provided liferafts of a type being capable of being launched by the appliances referred to in rule 36 (2) of these Rules. The total carrying capacity of such liferafts shall be at least the number obtained by dividing by 10 the difference between the aggregate cubic capacity of the lifeboats and that specified in the said Column C, provided that such liferafts shall together be sufficient for at least forty persons and that at least one launching appliance shall be provided on each side of the ship and the difference in the number of such appliances fitted on each side shall not exceed one.

(9) The lifeboats carried in compliance with this rule shall not be less than 24 feet in length.

(10) In every ship to which this rule applies the lifeboat davits required to be carried in compliance with this rule shall be of the gravity type, except that luffing type davits may be fitted for operating lifeboats weighing not more than 21,4 tons in their turning out condition.

(11) Every ship to which this rule applies which does not carryon each side of the ship a motor lifeboat provided with the equipment specified in rule 31 (1) of these Rules shall carry portable radio equipment which shall comply with the requirements of rule 40 of these Rules:

Provided that in the case of any ship engaged on voyages of such duration that, in the opinion of the appropriate authority, portable radio equipment is unnecessary, he may permit such equipment to be dispensed with.

(12) Every ship to which this rule applies shall carry in addition to any liferafts that may be carried in pursuance of paragraphs (7) and (8) of this rule, Iiferafts sufficient to accommodate 10 per cent of the total number of persons for whom there is accommodation in lifeboats.
(13) Every ship to which this rule applies shall carry buoyant apparatus sufficient to support 5 per cent of the total number of persons which the ship is certified to carry.
(14) Every ship to which this rule applies shall carry at least the number of lifebuoys determined in accordance with the following table-
Minimum Length of ship in feet number of Wlifebuoys
Less than 200 ………………………………………………………………………….8
200 and less than 400 ………………………………………………………………12
400 and less than 600 ………………………………………………………………18
600 and less than 800 …………………………………………………………….. 24
800 or over …………………………………………………………………………… 30

(15) (a) Every ship to which this rule applies shall carry for every person on board weighing 70 pounds or more a lifejacket which shall comply with the requirements of Part I of the Eleventh Schedule to these Rules and for every person on board weighing less than 70 pounds a lifejacket which shall comply with the requirements of Part II of the Schedule.

(b) In addition to Iifejackets carried in compliance with sub-paragraph (a) of this Rule, every ship shall carry lifejackets for at least 5 per cent of the number of persons which the ship is certified to carry and such lifejackets shall comply with the requirements of Part I of the Eleventh Schedule and shall be stowed on deck in a suitable place which shall be conspicuously marked.

(16) Every ship to which this rule applies shall carry a line-throwing appliance.

7. Ships of Class III

(1) This rule applies to ships of Class III.

(2) Every ship to which this rule applies shall, subject to the provisions of rule 44, be fitted with the number of sets of davits specified in the table set out in the Second Schedule:

(3) A lifeboat shall be attached to every such set of davits.

(4) Such additional lifeboats, liferafts or buoyant apparatus shall be carried as shall be sufficient, together with the lifeboats required by paragraph (3) of this rule for the total number of persons which the ship is certified to carry:

Provided that lifeboats and liferafts shall be carried to accommodate not less than 25 per cent of that number.

(5) The lifeboats carried in compliance with this rule shall, where reasonable and practicable, be not less than 20 feet in length.

(6) Lifeboat davits required to be carried in compliance with this rule shall be of the gravity type, except that luffing type davits may be fitted for operating lifeboats weighing not more than 21/4 tons in their turning out condition.
(7) Every ship to which this rule applies shall carry at least eight lifebuoys, two of which shall have self-activating smoke signals attached capable of producing smoke of a highly visible colour for at least 15 minutes.

(8) Every ship to which this rule applies shall carry for every person on board weighing 70 pounds or more a lifejacket which shall comply with the requirements of Part I of the Eleventh Schedule and for every person on board weighing less than 70 pounds a lifejacket which shall comply with the requirements of Part II of the said Schedule.

(9) Every ship to which this rule applies shall carry a line-throwing appliance.

8. Ships of Class IV

(1) This rule applies to ships of Class IV.
(2) Every ship to which this rule applies of 70 feet or over in length shall carry or tow at least one boat:
Provided that a ship which is designed and operated as a ferry and is used as such on voyages not exceeding one hour, shall not be required to carry or tow a boat.
(3) Every ship to which this rule applies of 70 feet or over in length shall carry or tow at least six lifebuoys.
(4) Every ship to which this rule applies of 70 feet or over in length shall carry subject to the requirements of paragraphs (2) and (3) of this rule, such boats, liferafts, buoyant apparatus and lifebuoys as shall be sufficient for the total number of persons which the ship is certified to carry, provided that lifebuoys in excess of 60 per cent of this number shall be discounted.
(5) Every ship to which this rule applies of less than 70 feet in length and plying more than three nautical miles from its starting point in any direction, shall be provided with liferafts or buoyant apparatus sufficient for at least 60 per cent of the total number of persons which the ship is certified to carry, together with lifebuoys not less in number than is specified in paragraph (7) of this rule, so, however, that the liferafts or buoyant apparatus, together with the lifebuoys, shall in all cases be sufficient for the total number of persons which the ship is certified to carry.

(6) Every ship to which this rule applies of less than 70 feet in length and plying not more than three nautical miles from its starting point in any direction, shall be provided with liferafts or buoyant apparatus sufticient for at least 40 per cent of the total number of persons which the ship is certified to carry, together with lifebuoys not less in number than is specified in paragraph (7) of this rule, so, however, that the liferafts or buoyant apparatus, together with the lifebuoys, shall in all cases be sufficient for at least 70 per cent of the total number of persons which the ship is certified to carry.

(7) Every ship to which this rule applies shall carry at least the number of lifebuoys determined by the following table-
Minimum
Length of ship in feet number
Of lifebuoys
Not over 30 …………………………………………………………………………….2
Over 30 and not over 35 …………………………………………………………..4
Over 35 and not over 40 …………………………………………………………..6
Over 40 and not over 50 .. ………………………………………………………..8
Over 50 and not over 70 ………………………………………………………….10
(8) In the case of ships to which this rule applies not exceeding 30 feet in length the appropriate authority may permit lifebuoys to be carried in lieu of part or all of the Iife- rafts or buoyant apparatus required to be carried in compliance with paragraphs (5) and (6) of this rule.

(9) For the purposes of this rule a lifebuoy shall be deemed sufficient to support two persons.

9. Ships of Class IV(A)

(1) This rule applies to ships of Class IV (A).

(2) Rule 8 shall apply to ships of Class IV(A), being ships of 70 feet or over in length, as it applies to ships of Class IV.
(3) Every ship to which this rule applies of less than 70 feet in length shall carry such Iiferaft or buoyant apparatus as shall be sufficient for at least 60 per cent of the total number of persons which the ship is certified to carry, together with lifebuoys not less in number than is specified in rule 8 (7) so however that the Iiferafts or buoyant apparatus, together with the lifebuoys, shall at all times be sufficient for the total number of persons which the ship is certified to carry.

PART III

Ships other than passenger ships

10. Ships of Class V

This rule applies to ships of Class V.

(2) Every ship to which this rule applies of 500 tons or over shall carryon each side of the ship one or more lifeboats of sufficient aggregate capacity to accommodate all persons on board.

(3) In every ship to which this rule applies of 1,600 tons or over the lifeboats shall be not less than 24 feet in length.

(4) Every ship to which this rule applies of 500 tons or over, other than a tanker of 1,600 tons or over, shall carry Iiferafts of sufficient aggregate capacity to accommodate at least half the total number of persons on board.

(5) Every ship to which this rule applies of under 500 tons shall carry either-

(a) the lifeboats prescribe paragraph (2) of this rule for ships of 500 tons or over and liferafts of sufficient aggregate capacity to accommodate all persons on board. Such ships with 16 persons or more on board shall carry at least two liferafts; or

(b) a lifeboat or Class C boat which shall be capable of being launched on one side of the ship and at least two liferafts of sufficient aggregate capacity to accommodate twice the total number of persons on board.

(6) Every ship to which this rule applies being a tanker of 3,000 tons or over shall carryon each side of the ship at least two lifeboats of sufficient aggregate capacity to accommodate the total number of persons on board. Two lifeboats shall be carried aft and two amidships, except that in tankers which have no amidships superstructure all life- boats shall be carried out:

Provided that, if in case of tankers with no amidships superstructure it is impracticable to carry four lifeboats aft, the appropriate authority may permit instead the carriage aft of one lifeboat on each side of the ship. In such a case the following provisions shall apply-

(a) each lifeboat shall not exceed 26 feet in length;

(b) each lifeboat shall be stowed as far forward as practicable and at least so far forward that the after end of the lifeboat is one-and-a-half times the length of the lifeboat forward of the ship’s propeller;

(d) there shall be carried in addition liferafts sufficient to accommodate at least one half of the total number of persons on board.

(7) Liferafts carried under this rule shall be so stowed that they can be readily transferred to the water on either side of the ship.

(8) In every ship to which paragraph (2) or (6) of this rule applies each lifeboat shall be attached to a separate set of davits which shall be of the gravity type except that, in ships other than tankers of 1,600 tons or over, luffing davits may be fitted for operating lifeboats weighing not more than 21/4 tons in their turning out conditions.

(9) In every ship to which this rule applies of 1,600 tons or over, other than a tanker, one of the lifeboats carried in compliance with paragraph (2) of this rule shall be a motor lifeboat.
(10) In every ship to which this rule applies being a tanker of 1,600 tons or over at least one of the lifeboats carried on each side of the ship in compliance with paragraph (2) or paragraph (6) of this rule shall be a motor lifeboat.

(11) Every ship to which this rule applies shall carry portable radio equipment, which shall comply with the requirements of rule 40 of these Rules:
Provided that in the case of any ship engaged on voyages of such duration that, in the opinion of the appropriate authority, portable radio equipment is unnecessary, the appropriate authority may permit such equipment to be dispensed with.

(12) Every ship to which this rule applies of 500 tons or over shall carry at least eight lifebuoys.

(13) Every ship to which this rule applies of 500 tons or over shall carry at least eight lifebuoys.

(14) Every ship to which this rule applies shall carry for every person on board weighing 70 pounds or more a life jacket which shall comply with the requirements of Part I of the Eleventh Schedule and for every person on board weighing less than 70 pounds a life jacket which shall comply with the requirements of Part II of the said Schedule.

(15) Every ship to which this rule applies shall carry a line-throwing appliance.

11. Ships of Class V(A)

(1) Rule 16 of these Rules shall apply to ships of Class V (A), other than those ships specified in a paragraph (2) of this rule, as it applies to ships of Class IX.

(2) Every ship employed as a fish processing or canning factory ship or in the carriage of persons employed in the fish processing or canning industries being a ship of 500 tons or over shall carry-

(a) lifeboats on each side of the ship of sufficient aggregate capacity to accommo- date one half of the total number of persons on board; or

(b) lifeboats and liferafts together providing sufficient aggregate capacity to accommodate the total number of persons on board, provided that there shall never be less than sufficient lifeboats on each side of the ship to accommodate 371/2per cent of the total number of persons on board.

(3) On every ship to which paragraph (2) of this rule applies two of the lifeboats shall be kept ready, one on each side of the ship, for immediate use in an emergency while the ship is at sea. These lifeboats shall not be more than 28 feet in length and each of them may be a motor lifeboat and may be counted for the purpose of compliance with paragraph (4) of this rule.

Notwithstanding the provisions of rule 35 (13), skates or other suitable appliances are not required to be fitted to these lifeboats.

(4) Every ship to which paragraph (2) of this rule applies shall carryon each side of the ship at least one motor lifeboat.

(5) In every ship to which paragraph (2) of this rule applies which is certified to carry 1,500 persons or more, each of the motor lifeboats carried in compliance with para- graph (4) of this rule shall be provided with the equipment specified in rule 31 (1), and in every such ship which is certified to carry more than 199 but less than 1,500 persons at least one of the motor lifeboats carried in compliance with paragraph (4) of this rule shall be so provided.

(6) Every motor lifeboat carried in compliance with paragraph (4) of this rule shall be provided with the equipment specified in rule 31 (2).

(7) Every ship to which paragraph (2) of this rule applies which does not carryon each side of the ship a motor lifeboat provided with the equipment specified in rule 31 (1) shall carry portable radio equipment which shall comply with the requirement of rule 40.

(8) In every ship to which paragraph (2) of this rule applies of 1,600 tons or over the lifeboats shall be not less than 24 feet in length.

(9) In every ship to which paragraph (2) of this rule applies each lifeboat shall be at- tached to a separate set of davits which shall be of the gravity type.
(10) The Iiferafts carried in compliance with subparagraph (b) of paragraph (2) of this rule shall be served by launching appliances. There shall never be less than one such appliance on each side of the ship and the difference in the number of appliances fitted on each side shall not exceed one.

(11) Every ship to which paragraph (2) of this rule applies shall carry liferafts, which shall not be required to be served by launching devices, of sufficient aggregate capacity to accommodate at least half the total number of persons on board:

Provided that if liferafts in addition to those carried in compliance with this para- graph are carried in compliance with sub-paragraph (b) of paragraph (2) of this rule, all liferafts carried shall be of a type capable of being launched by the appliances fitted in compliance with paragraph (9) of this rule.

(12) Every ship to which paragraph (2) of this rule applies shall carry at least eight lifebuoys.

(13) Every ship to which paragraph (2) of this rule applies shall carry for every per- son on board weighing 70 pounds or more a lifejacket which shall comply with the re- quirements of Part II of the Eleventh Schedule and for every person on board weighing less than 70 pounds a lifejacket which shall comply with the requirements of Part II of the said Schedule.

(14) Every ship to which paragraph (2) of this rule applies shall carry a line-throwing appliance.

12. Ships of Class VI

Rule 10 shall apply to ships of Class VI as it applies to ships of Class V.

13. Ships of Class VII

(1) Paragraphs (2), (3), (4), (6) and (7) of rule 10 shall apply to ships of Class VII of 1,600 tons or over as they apply to ships of Class V of 500 tons or over.

(2) Paragraphs (5) and (7) of rule 10 shall apply to ships of Class VII of under 1,600 tons as they apply to ships of Class V of under 500 tons except that ships of 500 tons or over which carry lifeboats as prescribed by paragraph (2) of rule 10 shall carry liferafts of sufficient aggregate capacity to accommodate at least half the total number of persons on board.

(3) Paragraphs (11), (12), (13) and (14) of rule 10 shall apply to ships of Class VII as they apply to ships of Class V and paragraph (8) of rule 10 shall apply to such ships which carry lifeboats as prescribed by paragraph (2) thereof.

14. Ships of Class VII(A)

(1) This rule applies to ships of Class VII(A).

(2) Paragraphs (2), (3), (4), (8), (9) and (11) of rule 10 shall apply to ships to which this rule applies of 500 tons or over engaged on an international voyage, as they apply to ships of Class V of 500 tons or over.
(3) Every ship to which this rule applies, other than a ship of 500 tons or over en- gaged on an international voyage, shall carry-

(a) a lifeboat or Class C boat which shall be capable of being launched on one side of the ship;

(b) one or more liferafts of sufficient aggregate capacity to accommodate the total number of persons on board any ship with 16 or more persons on board shall carry at least two liferafts;

(4) In every ship to which this rule applies liferafts shall be so stowed that they can be readily transferred to the water on either side of the ship.

(5) Paragraphs (12), (13), (14) and (15) of rule 10 shall apply to every ship to which this rule applies as they apply to ships of Class V.
15. Ships of Class VIII

(1) This rule applies to ships of Class VIII.

(2) Every ship to which this rule applies shall carry the following equipment-

(a) boat or liferaft or buoyant apparatus in each case sufficient to accommodate the total number of persons on board; and
(b) in the case of ships of 70 feet or over in length, at least four lifebuoys and in the case of ships of less than 70 feet in length, at least two lifebuoys.

(3) Every tug and tender, etc., to which this rule applies shall carry in addition to the equipment required by paragraph (2) of this rule buoyant apparatus sufficient to support the total number of persons on board.

(4) Liferafts carried in accordance with this rule shall be so stowed that they can be readily transferred to the water on either side of the ship.
16. Ships of Class IX
(1) This rule applies to ships of Class IX.
(2) Every ship to which this rule applies of 150 feet or over in length shall carry ei- ther-
(a) at least two lifeboats attached to davits, so arranged that there is at least one lifeboat on each side of the ship, the lifeboats on each side of the ship being of sufficient aggregate capacity to accommodate half the total number of persons on board the ship; and at least two liferafts of sufficient aggregate capacity to accommodate not less than one-and-a-half times the total number of persons on board; or
(b) a lifeboat or Class C boat which shall be capable of being launched on one side of the ship and at least two Iiferafts of sufficient aggregate capacity to accommodate twice the total number of persons on board:
Provided that any ship of 250 feet in length or over to which this rule applies shall comply with sub-paragraph (a) of this paragraph except that at least one of the lifeboats carried shall be a motor lifeboat.
(3) Every ship to which this rule applies of less than 150 feet in length but of not less than 85 feet in length shall carry either-
(a) a lifeboat, attached to a davit, of sufficient capacity to accommodate the total number of persons on board the ship and Iiferafts on the following scale-
(i) ships with 16 or more persons on board-at least two liferafts;
(ii) ships with fewer than 16 persons on board-at least one liferaft of suf- ficient aggregate capacity to accommodate the total number of persons on board; or
(b) a lifeboat or Class C boat which shall be capable of being launched on one side of the ship and at least two liferafts of sufficient aggregate capacity to accommodate twice the total number of persons on board;
(4) In every ship to which this rule applies of 150 feet or over in length which carries lifeboats in compliance with sub-paragraph (a) of paragraph (2), the lifeboat davits shall be of the gravity type except that davits which serve a lifeboat weighing not more than 21A tons in the turning out condition may be of the luffing type.
(5) In every ship to which this rule applies which carries a lifeboat in compliance with sub-paragraph (a) of paragraph (3), the lifeboat davit to which the lifeboat shall be attached shall be of the mechanically controlled single-arm type.
(6) Every ship to which this rule applies of less than 85 feet in length but of not less than 55 feet in length, shall carry at least two liferafts of sufficient aggregate capacity to accommodate twice the total number of persons on board.
(7) Every ship to which this rule applies of less than 55 feet in length but of not less than 40 feet in length, shall carry one or more Iiferafts of sufficient aggregate capacity to accommodate the total number of persons on board.
(8) Liferafts carried in accordance with this rule shall be so stowed that they can be readily transferred to the water on either side of the ship.
(9) Every ship to which this rule applies of 60 feet or over in length shall carry port- able radio equipment which shall comply with the requirements of radio rules under the Act, or with the Performance Specification for a Voluntarily-Fitted Radio-telephone Equipment for use solely for Distress, Urgency and Safety Purposes 1964, issued by the Postmaster General, United Kingdom:
Provided that-

(i) any such ship of 140 feet or over in length, unless it carries portable radio equipment complying with the requirements of the said rule 26, shall carry two sets of equipment which complies with the said Performance Specification; and

(ii) any equipment which complies with the said Performance Specification shall be provided with a device for generating the radio-telephone alarm signal within the meaning of the said radio rules and shall be suitable for use in a liferaft and, if it is operated by batteries, shall be provided with new batteries annually.
(10) The equipment referred to in sub-paragraph (a) of paragraph (8) of this rule shall be kept in a suitable place ready to be moved into a lifeboat or a liferaft in case of emergency and in ships where the disposition of superstructures or deckhouse is such as to involve substantial fore and aft separation of the main transmitter and lifeboats, such equipment shall be kept in the vicinity of those lifeboats or liferafts which are furthest away from the main transmitter.

(11) Every ship to which this rule applies of 70 feet or over in length shall carry at least four lifebuoys.

(12) Every such ship of less than 70 feet but of not less than 40 feet in length shall carry at least two lifebuoys.

(13) Every ship to which this rule applies of less than 40 feet in length shall carry lifebuoys at least equal in number to half the total number of persons on board and in no case less than two lifebuoys.

(14) Every ship to which this rule applies of 40 feet in length or over shall carry for every person on board weighing 70 pounds or more a lifejacket which shall comply with the requirements of Part I of the Eleventh Schedule and for every person on board weighing less than 70 pounds a lifejacket which shall comply with the requirements of Part II of the said Schedule.

(15) Every ship to which this rule applies of 50 feet or over in length shall carry a line-throwing appliance.

17. Ships of Class X

(1) This rule applies to ships of Class X.

(2) Every ship to which this rule applies of 70 feet or over in length shall carry-

(a) at least two liferafts of sufficient aggregate capacity to accommodate twice the total number of persons on board;
(b) at least four lifebuoys; and

(c) a line-throwing appliance, and any ship to which this rule applies of 85 feet or over in length shall carry in addition a lifeboat or Class C boat which shall be capable of being launched on one side of the ship.
(3) Every ship to which this rule applies of less than 70 feet in length which is en- gaged on either a voyage to sea in the course of which it is more than 3 miles from the coast of Nigeria or a voyage to sea during the months of June to October, inclusive,shall carry-

(a) one or more liferafts of sufficient aggregate capacity to accommodate the total number of persons on board; and

(b) at least two lifebuoys.

(4) Every ship to which this rule applies of less than 70 feet in length which does not proceed to sea or which only proceeds to sea during the months of November to May, inclusive of voyages in the course of which it is not more than 3 miles from the coast of Nigeria, shall carry Ii febuoys at least equal in number to half the total number of persons on board, provided that such ships shall carry at least two lifebuoys and that any such ship which operates only in inland waters shall not be required to carry more than two lifebuoys.

(5) Every ship to which this rule applies of less than 70 feet in length shall be pro- vided with a buoyant line of at least 10 fathoms in length.

(6) Liferafts carried in accordance with this rule shall be so stowed that they can be readily transferred to the water on either side of the ship ..
(7) Every ship to which this rule applies shall carry for every person on board weighing 70 pounds or more a lifejacket which shall comply with the requirements of Part I of the Eleventh Schedule to these Rules and for every person on board weighing less than 70 pounds a lifejacket which shall comply with the requirements of Part II of the said Schedule or alternatively shall carry for every person on board, a Iifejacket which shall comply with British Standards Specification No. BS 3595: 1963, provided it does not depend wholly upon oral inflation.

PART IV

Supplemental requirements for life-saving appliances

18. General requirements for lifeboats

Lifeboats shall comply with the requirements specified in the Third Schedule to these Rules.

[Third Schedule.]

19. Carrying capacity of lifeboats

(1) Subject to the provisions of paragraphs (2), (3), (4) and (5) of this rule, the num- ber of persons which a lifeboat shall be deemed fit to accommodate shall be equal to the greatest whole number obtained by the formula
v
____
x
where V is the cubic capacity of the lifeboat in cubic feet determined in accordance with the provisions of the Fourth Schedule, and X is the volume in cubit feet for each person and which shall be 10 for a lifeboat of 24 feet in length or over and 16 for a lifeboat of 12 feet in length. For intermediate lengths of lifeboats, the value of X shall be determined by interpolation.
(2) The number of persons which a lifeboat is deemed fit to accommodate shall not exceed the number of adult persons wearing Iifejackets for which there is proper seating accommodation arranged
in such a way that the persons when seated do not interfere in any way with the use of the oars or the operation of other propulsion equipment.

(3) No lifeboat shall be deemed fit to accommodate more than 150 persons.
(4) No lifeboat shall be deemed fit to accommodate more than 100 persons unless it is a motor lifeboat.

(5) No lifeboat shall be deemed fit to accommodate more than 60 persons unless it is a motor lifeboat or a mechanically propelled lifeboat.

20. Motor lifeboats

Every motor lifeboat shall in addition to complying with the requirements of the Third Schedule, comply with the following requirements-

(a) it shall be fitted with a compression ignition engine and such engine and its accessories shall comply with the requirements of the Fifth Schedule and shall be kept so as to be at all times ready for use;

(b) it shall be provided with sufficient fuel for 24 hours’ continuous operation at the speed specified in subparagraph (el) or (e) of this rule;
(c) it shall be capable of going astern;

(d) if it is a lifeboat provided in accordance with rules 5 (4), 6 (5), 10 (9) (b) or rule 11 (4), it shall be capable of going ahead in smooth water when loaded with its full complement of persons and equipment at a speed of 6 knots;

(e) if it is a lifeboat other than a lifeboat provided in accordance with the rules referred to in the preceding sub-paragraph, it shall be capable of going ahead under the conditions specified in the preceding sub-paragraph at a speed of 4 knots.

21. Mechanically propelled lifeboats

Mechanically propelled lifeboats shall, in addition to complying with the require- ments of the Third Schedule to these Rules, be fitted with machinery which shall comply with the requirements of the Sixth Schedule.
[Third Schedule. Sixth Schedule.]

22. Class C boats

Class C boats shall comply with the requirements of the Seventh Schedule. [Seventh Schedule.]

23. Liferafts

(1) Liferafts shall comply with the requirements of either Part I or Part II of the Eighth Schedule.

[Eighth Schedule.]

(2) Liferafts which are required to comply with Part I of the Eighth Schedule shall be surveyed at a servicing station approved by the appropriate authority or at the works of the manufacturers at intervals of not more than twelve months, provided that in any case where this is impracticable, such interval may be extended by a period not exceeding three months.
24. Buoyant apparatus
(1) Buoyant apparatus shall comply with the requirements of the Ninth Schedule.

[Ninth Schedule.]
(2) The number of persons which buoyant apparatus shall be deemed fit to support shall be equal to-

(a) the greatest whole number obtained by dividing by 32 the number of pounds of iron which the apparatus is capable of supporting from its grab lines in fresh water; or

(b) the greatest whole number of feet in the perimeter of the apparatus, whichever number shall be the less.

25. Marking of lifeboats, Class C boats, life rafts and buoyant apparatus

(1) The dimensions of a lifeboat or Class C boat and the number of persons which each is deemed fit to accommodate shall be clearly marked on it in permanent characters. The name and port of registry of the ship to which the lifeboat or Class C boat belongs shall be painted on each side of the bow.

(2) The number of persons which a liferaft which complies with Part I of the Eighth Schedule is deemed fit to accommodate shall be clearly marked in permanent characters on the liferaft and on the valise or other container in which the liferaft is contained when not in use. Every such liferaft shall also bear a serial number and the manufacturer’s name.

[Eighth Schedule. Part 1)

(3) Every liferaft which complies with Part II of the Eighth Schedule shall be marked with the name and port of registry of the ship in which it is carried, and with the number of persons it is deemed fit to accommodate.

(4) The number of persons which buoyant apparatus is deemed to fit to support shall be clearly marked on it in permanent characters.

26. Lifebuoys
Lifebuoys shall comply with the requirements of the Tenth Schedule to these Rules. [Tenth Schedule.)

27. Lifebuoy lights, smoke signals and lines

(1) Lifebuoys carried in ships (except ships of Classes IV and lV(A) and VIII and ships of Class IX of less than 40 feet in length) in accordance with these Rules shall have attached to them self-igniting lights on the following scale-

(a) in ships of Classes I and II, on at least half the lifebuoys and in no case on less than six;

(b) in ships of Classes V, VI, VII and VIlA and in ships of Class V(A) of 70 feet in length or over, on at least half the lifebuoys and in no case on less than two;

(d) in ships of Classes V(A), IX and X of less than 70 feet in length, on one lifebuoy.

(2) The self-igniting lights shall be such that they cannot be extinguished in water.

They shall be capable of burning for not less than 45 minutes and shall have a luminosity of not less than 3.5 lumens.

(3) The self-igniting lights attached to lifebuoys carried in tankers shall be of an electric battery type.

(4) In every ship to which these Rules apply (except ships of Classes YeA), IX and X of less than 70 feet in length) one lifebuoy on each side of the ship shall have attached to it a buoyant line of at least 15 fathoms in length.

(5) In ships of Classes yeA) and IX of less than 70 feet in length, one lifebuoy shall have attached to it a buoyant line of at least 10 fathoms in length.
(6) The lifebuoys having lines attached to them in compliance with this rule shall not have self-igniting lights attached.
(7) Not less than two of the lifebuoys to which self-igniting lights are attached in ac- cordance with subparagraphs (a), (b), (c) of paragraph (1) of this rule and the lifebuoy to which a self.-igniting light is attached in accordance with sub-paragraph (d) of para- graph (1) of this rule, shall be provided with a self-activating smoke signal capable of producing smoke of highly visible colour for at least fifteen minutes.

(8) Two of the lifebuoys provided with self-igniting lights in accordance with sub- paragraphs (a), (b) and (c) of paragraph (1) of this rule and self-activating smoke signals in accordance with paragraph (7) of this rule shall be carried one on each side of the navigating bridge, if any, and so fitted as to be capable of quick release. The lifebuoys so carried and other lifebuoys in positions where the release of a self-igniting light depends upon the weight of the lifebuoy, shall each weigh not less than 9Y2 pounds.

28. Line-throwing appliances

Line-throwing appliances shall comply with the requirements of the Twelfth

Schedule to these Rules.

[Twelfth Schedule.)

Provision of equipment and rations in lifeboats, boats and liferafts

29. Equipment for lifeboats, Class C boats and other boats

(1) Subject to the provisions of paragraphs (2), (3), (4), (5) and (6) of this rule, the equipment of every lifeboat shall be as follows-

(a) a single banked complement of buoyant oars, two spare buoyant oars, and a buoyant steering oar; one set and a half of crutches attached to the lifeboat by lanyard or chain; a boat hook;

(b) two plugs for each plug hole (except where proper automatic valves are fitted) attached to the lifeboat by lanyards or chains; a bailer and two buckets;
(c) a rudder attached to the lifeboat and a tiller;

(d) a lifeline bucketed round the outside of the lifeboat; means to enable persons to cling to the lifeboat if upturned in the form of bilge keels or keel rails together with grab lines secured from gunwale to gunwale under the keel;

(e) a locker conspicuously marked as such, suitable for the stowage of small items of equipment;

(f) two hatchets, one at each end of the lifeboat;

(g) a lamp with oil sufficient for 12 hours;

(h) a water containing two box of matches not readily extinguished by wind;

(i) a mast or masts, with galvanised wire stays together with orange coloured sails which shall be marked for identification purposes with the first and last letter of the name of the ship to which the lifeboat belongs;
(j) a compass in binnacle complying with the requirements of Part I of the Thir- teenth Schedule;

[Thirteenth Schedule. Part I.]

(k) a sea anchor complying with the requirements of Part II of the Thirteenth Schedule;

[Thirteenth Schedule. Part 11.]

(I) two painters of sufficient length and size. One shall be secured to the forward end of the lifeboat with strop and toggle so that it can be released and the other shall be firmly secured to the stem of the lifeboat and be ready for use;
(m) a vessel containing one gallon of vegetable, fish or animal oil. A means shall be provided to enable the oil to be easily distributed on the water, and shall be so arranged that it can be attached to the sea anchor;
(n) four parachute distress rocket signals complying with the requirements of Part III of the Thirteenth Schedule, and six hand-held distress flare signals complying with the provisions of Part IV of the Thirteenth Schedule;

[Thirteenth Schedule. Part 111.]

(0) two buoyant smoke signals complying with the requirements of Part V of the Thirteenth Schedule;

(P) a first-aid outfit complying with the requirements of Part VI of the

Thirteenth Schedule;

[Thirteenth Schedule. Part VI.]

(q) a waterproof electric torch suitable for morse signalling together with one spare set of batteries and one spare bulb in a waterproof container;

(r) a daylight-signalling mirror;

(s) a jack-knife fitted with a tin opener to be kept attached to the lifeboat with a lanyard;

(t) two light buoyant heaving lines;

(u) a manual pump complying with the requirements of Part VII of the

Thirteenth Schedule to these Rules;

[Thirteenth Schedule. Pall VII.]

(v) a whistle;
(w) fishing line and six hooks;
(x) a cover of a highly visible colour capable of protecting the occupants against injury by exposure;
(y) a copy of the Ministry of Transport Rescue Signal Table; and

(z) means to enable persons in the water to climb into the lifeboat:

Provided that-

(i) in ships of Classes II, VI, VII and VII(A), such lifeboats shall not be required to carry the equipment in sub-paragraphs (i), (r) and (w), and

(ii) in ships of Class III such lifeboats shall not be required to carry the equipment specified in subparagraphs (i), (J), (m), (0), (r), (v), (w), (x) and (y) nor the parachute distress rocket signals specified in sub- paragraph (n) of this paragraph.
(2) No motor lifeboat or mechanically propelled lifeboat shall be required to carry a mast or sails nor more than half the complement of oars. Every such lifeboat shall carry two boat hooks.

(3) Every motor lifeboat shall carry at least two portable fire extinguishers capable of discharging foam or other substance suitable for extinguishing oil fires; a receptacle containing a sufficient quantity of sand and a scoop for distributing the sand.

Such portable fire extinguishers shall be of a type complying with the requirements of rule 57 of the Merchant Shipping (Fire Appliances) Rules, except that the capacity of each extinguisher shall not be required to exceed one gallon of f1uid or its equivalent. [L.N. 76 of 1967.]

(4) The equipment of every boat carried in a ship of Class IV, IV(A) or VIII shall be
as follows-

(a) at least four oars or paddles;
(b) two plugs for each plug hole;
(c) a bailer;
(d) a painter of sufficient length and size;
(e) a hatchet or matchet.

(5) Every lifeboat of Class C boat which is carried in compliance with sub-paragraph (b) of rule 10 (5), sub-paragraph (a) of rule 14 (3), sub-paragraph (b) of rule 16 (2), sub- paragraph (b) of rule 16 (3) and rule 21 (2) shall be equipped as follows-

(a) a single complement of buoyant oars and one spare buoyant oar provided that there shall never be less than three oars; one set of crutches attached to the boat by lanyard or chain; a boat hook;

(b) two plugs for each plug hole (except where proper automatic valves are fitted) attached to the boat by lanyards or chains; a bailer and a bucket;
(c) a rudder attached to the boat and a tiller;
(d) a lifeline becketed round the outside of the boat;
(e) a locker conspicuously marked as such, suitable for the stowage of small items of equipment;
(f) a painter of sufficient length and size secured to the forward end of the boat with strop and toggle so that it can be released;

(g) means to enable persons to cling to the boat if upturned in the form of bilge keels or keel rails;

(h) a waterproof electric torch suitable for morse signalling together with one spare set of batteries and one spare bulb in a waterproof container; and

(i) two light buoyant heaving lines.

30. Rations for lifeboats

(1) Every lifeboat carried in a ship of Class I, every lifeboat carried in a ship of Class V in compliance with rule 10 (2), and every lifeboat carried in a ship of Class V(A) in compliance with rule 11 (2), shall be provided with at least the rations specified in the following scale for each person it is deemed fit to accommodate-
(a) 16 ounces of biscuits;
(b) 16 ounces of barley sugar; and
(c) 16 ounces of sweetened condensed milk of first quality.

(2) All the foods specified in paragraph (1) of this rule shall be packed in suitable watertight containers and labelled to indicate the contents.

(3) Every lifeboat carried in a ship of Class I, II, III, V, YeA), VI, VlJ, Vll(A) and IX shall be provided with at least 6 pints (or 3 litres) of fresh water for each person whom it is deemed fit to accommodate, or at least 4 pints (or 2 litres) of fresh water for each such person together with a desalting apparatus capable of providing at least 2 pints (or I litre) of drinking water for each person and in either case the total quantity of water shall be increased as far as is practicable:

Provided that this paragraph shall not apply to any lifeboat which is carried as an alternative to a Class C boat in a ship of Class V,V (A), VI, VII, VII(A), or IX.

(4) The water shall be kept in the lifeboat in suitable containers and there shall be provided at least one dipper, which shall be attached to the containers by a lanyard, and three rustproof drinking vessels (one graduated in 1/2 and 2 ounces):
Provided that a container of not more than 4 pints (or 2 Iitres) capacity shall not be required to be provided with a dipper. The water shall be frequently changed so as to en- sure that it is always clean and fit for drinking.
31. Special equipment for certain motor lifeboats

(1) In every ship of Classes I and yeA) the motor lifeboats which are required to comply with rule 5 (5) (a) or rule 11 (5) (a) shall be provided with the following equip- ment-

(a) radio equipment which shall comply with the requirements of the Merchant Shipping (Radio) Rules and in addition the following provisions shall apply thereto–

(i) it shall be installed in a cabin large enough to accommodate both the apparatus and the person using it;

(ii) the arrangements shall be such that the efficient operation of the trans- mitter and receiver shall not be impaired through interference from the engine of the motor lifeboat whether a battery is on charge or not; and

(iii) the radio battery shall not be used to supply power to any engine start- ing motor or ignition system;

(b) a dynamo fitted to the engine of the motor lifeboat and capable of recharging all batteries in the lifeboat.

(2) In every ship of Classes I, II and V(a), the motor lifeboats which are required to comply with rule 5 (5) (b), rule 6 (5) and rule II (5) (b), shall be provided with a search- light which shall include a lamp of at least 80 watts, an efficient reflector and a source of power which will give effective illumination of a light-coloured object having a width of about 60 feet at a distance of 200 yards for a total period of six hours. The searchlight shall be capable of working for at least three hours continuously.

32. Security of equipment and rations in lifeboats, Class C boats and other boats

(1) All items of equipment provided in a lifeboat, Class C boat or other boat, with the exception of the boat hook, which shall be kept free for fending off purposes, shall be suitably secured within the lifeboat or boat. Any lashing shall be carried out in such a manner as to ensure the security of the equipment and so as not to interfere with the lifting hooks, if fitted, or to prevent ready embarkation. All items of such equipment shall be as small and as light in weight as possible and shall be packed in suitable and compact form.

(2) All the rations provided in a lifeboat shall be stowed in watertight tanks, which shall be firmly secured to the lifeboat.

(3) The tanks for the food and water ration shall be conspicuously marked “food” or “water”, whichever is appropriate.
33. Equipment and rations for liferafts

(1) Subject to the provisions of paragraphs (2), (3) and (4) of this rule, the equipment and rations provided in every liferaft shall be as follows-

(a) one buoyant rescue quoit, attached to at least 100 feet of buoyant line;
(b) four liferafts which are fit to accommodate not more than 12 persons, one safety knife and one bailer; for liferafts which are fit to accommodate 13 persons or more, two safety knives and two bailers;
(c) two sponges;
(d) two sea anchors, one permanently attached to the liferaft and one spare with line;
(e) two paddles;
(F) one repair outfit capable of repairing punctures in buoyancy compartments unless the liferaft complies with the requirements of Part II of the Eighth Schedule

(g) one topping-up pump or bellows, unless the liferaft complies with Part II of the Eighth Schedule;

(h) three safety-tin openers;
(i) a first-aid outfit complying with the requirements of Part VIII of the Thirteenth Schedule;
(j) one rustproof drinking vessel, graduated in 1/2 , 1 and 2 ounces;
(k) one waterproof electric torch suitable for morse signalling together with one spare set of batteries and one spare bulb in a waterp
(I) one daylight signalling mirror and one signalling whistle;
(m) two parachute distress rocket signals complying with the requirements of Part III of the Thirteenth Schedule;

[Thirteenth Schedule.)

(n) six hand-held distress flare signals complying with the requirements of Part IV of the Thirteenth Schedule;

(0) one fishing line and six hooks;

(p) 12 ounces of suitable non-thirst provoking food providing at least 2,200 calories per pound weight and 6 ounces of barley sugar or other equally suitable sweets for each person the liferaft is deemed fit to accommodate;
(q) watertight receptacles containing 3 pints (or 11/2litres) of fresh water for each person the liferaft is deemed fit to accommodate, of which I pint (or 1/2 litre) per person may be replaced by a suitable de-salting apparatus capable of producing an equal amount of fresh water;

(r) six anti-seasickness tablets for each person which the liferaft is deemed fit to accommodate;
(s) instructions printed in the English language on how to survive in the liferaft; and
(t) one copy of the Ministry of Transport Rescue Signal Table.

(2) In ships of Class II one or more liferafts, not being less than one sixth of the number of liferafts carried in any such ship, shall be provided with the equipment speci- fied in sub-paragraphs (a) to (g) inclusive (k), (s) and (t) of paragraph (1) of this rule, and with one half of the equipment specified in sub-paragraphs (m) and (n) of the said para- graph, and the remainder of the liferafts carried, shall be provided with the equipment specified in paragraphs (a) to (g) inclusive and (s) and (t) of the said paragraph.

(3) In ships of Classes III, IV, IV(A) and VIII, liferafts shall be provided with the equipment specified in subparagraphs (a), (b), (c), (e), (j), (g), (s) and (t) of paragraph (1) of this rule together with one sea-anchor which shall be permanently attached to the life- rafts.

(4) In ships of Class X of less than 70 feet in length, liferafts shall be provided with the equipment specified in sub-paragraphs (a), (b), (c), (e), (j), (g), (i), (j), (k), (m), (r), (s) and (t) of paragraph (1) of this rule together with the following equipment-
(a) one sea-anchor which shall be permanently attached to the liferaft;
(b) two safety tin-openers;
(c) three hand-held distress tlare signals complying with the requirements of Part IV of the Thirteenth Schedule; and

[Thirteenth Schedule.)

(e) watertight receptacles containing I pint (or ½ litre) of fresh water for each per- son which the Iiferaft is deemed fit to accommodate.

Stowage and handling of life-saving appliances

34. General provisions relating to the stowage and handling of life-saving appli- ances

(1) The arrangement of each lifeboat, Class C boat or other boat, Iiferaft and article of buoyant apparatus shall be such that it will not interfere with the operation of other life-saving appliances or impede in any way their prompt handling or the marshalling of persons at the launch-stations or their embarkation.

(2) Lifeboats, Class C boats or other boats, Iiferafts and buoyant apparatus shall be so stowed that they can all be launched safely in the shortest possible time and the overall launching period shall not exceed 30 minutes in the case of-

(a) ships of Classes I and II; and

(b) ships of Class V(A) which carry Iiferafts under launching appliances.

35. Stowage and handling of lifeboats, Class C boats and other boats

(1) Subject to the provisions of paragraphs (2), (3) and (4) of this rule, every lifeboat attached to a set of davits, other than a lifeboat which is carried as an alternative to a Class C boat or other boat, shall be so arranged that even under unfavourable conditions of trim and of up to 15 degrees of list either way it can be put into the water when loaded with its full complement of persons and equipment required by these Rules.
(2) Any lifeboat which is carried as an alternative to a Class C boat or other boat, and any Class C boat or other boat, which is attached to a davit or set of davits other than a mechanically controlled single-arm davit, shall be so arranged that when loaded with its equipment required by these Rules and a launching crew of two persons it can be put into the water on one side of the ship when the ship is upright or is listed to 15 degrees towards that side.

(3) Every lifeboat, Class C boat or other boat attached to a mechanically controlled single-arm davit shall be so arranged that when loaded with its equipment required by these Rules and a launching crew of two persons, it can be put into the water on one side of the ship when the ship is upright or is listed up to 15 degrees towards that side, except that in ships of Class IX which carry a lifeboat in compliance with sub-paragraph (a) of rule 16 (3), the lifeboat shall be so arranged that when loaded with its required equipment and a launching crew of two persons it can be put into the water on either side of the ship, or, if the ships has a list, on the side to which the ship is listed.

(4) Every lifeboat or Class C boat carried in compliance with rules II (5) (b), 13 (2), 14 (3) (a), 16 (2) (b), 16 (3) (b), and 17 (2), if not attached to a davit or set of davits, shall be attached to a device which shall be provided primarily for the purpose of launching the boat and which shall be capable of putting the boat into the water on one side of the ship when it is loaded with its equipment required by these Rules and a launching crew of two persons and when the ship is upright or is listed up to 15 degrees towards that side.

(5) Not more than one lifeboat, Class C boat or other boat shall be attached to any set of davits, davit or other means of launching.
(6) Lifeboats shall only be stowed on more than one deck on condition that proper measures are taken to prevent lifeboats on a lower deck being fouled by those stowed on a deck above.

(7) Lifeboats shall not be placed in the bows of the ship, and they shall be situated in such position as to ensure safe launching, having particular regard to clearance from the propeller and steeply overhanging portions of the hull aft, and to ensure so far as is prac- ticable that they can be launched down the straight side of the ship.

(8) Davits shall be suitably placed in the ship.
(9) Davits winches, falls, blocks and all other launching gear provided in accordance with these Rules shall comply with the requirements of the Fourteenth Schedule.

[Fourteenth Schedule.]

(10) All lifeboats, Class C boats or other boats attached to davits shall be served by wire rope falls and winches in the following cases-

(a) when they are attached to gravity davits; or
(b) when they are attached to mechanically controlled single arm davits; or
(c) when they are fitted in any ship of Classes I or II, or in any ship of Class V (A) in compliance with rule 11 (2); or
(d) when they are fitted in any ship of Classes V, VI or VII(A) in compliance with rule 10 (2) or sub-paragraph (a) of rule 10 (5); or

(e) when the weight of the attached lifeboat, Class C boat or other boat in the low- ering condition exceeds 214 tons:

Provided that the appropriate authority may permit other types of falls to be fitted with or without winches in cases other than emergency lifeboats where it is satisfied that such falls are adequate.

(11) In every ship to which these Rules apply in which lifeboats, Class C boats or other boats are served by wire rope falls, winches shall be provided for handling such falls.

(12) Emergency lifeboats carried in compliance with rule 5 (3), rule 6 (4) or rule 11 (3) shall be served by winches which are capable of recovering them at a speed of not less than 60 feet per minute when the lifeboat is loaded with its equipment required by these Rules and a distributed load equal to 2,240 pounds.

(13) Efficient hand gear shall be provided for the recovery of all lifeboats, Class C boats or other boats which are served by winches.

(14) Where davits are recovered by action of the falls by power, safety devices shall be fitted which will automatically cut off the power before the davits come against the stops and ensure that the wire rope falls or davits are not overstressed.

(15) To facilitate the launching of lifeboats against a list of 15 degrees, skates or other suitable means shall be provided for any lifeboat stowed under davits which are of such strength that the lifeboat can be lowered with its full complement of persons and its equipment required by these Rules.
(16) Means shall be provided for bringing the Ii feboats, which are required to be cap- able of being lowered in the fully loaded condition, against the ship’s side and for holding them there for the safe embarkation of persons.
(17) In ships other than ships in which the lifeboat, Class C boat or other boat is at- tached to a mechanically controlled single-arm davit, the davits shall be fitted with a wire rope span so positioned that when the boat is in the lowering position the span is as near as practicable over the centre line of the boat. There shall be at least two lifelines fitted to the span and the lifelines shall be long enough to reach the water with the ship at her lightest seagoing draught and listed to 15 degrees either way.

(18) Lifeboats, Class C boats and other boats attached to davits shall have the falls ready for service and the falls shall be at least long enough to reach the water with the ship at her lightest sea-going draught and listed to 15 degrees either way. Means shall be provided for detaching the lifeboats, Class C boats or other boats from the falls. Lower fall blocks shall be fitted with a suitable ring or long link for attaching to the sling hooks, unless disengaging gear complying with the requirements of the Fifteenth Schedule is fitted. The points of attachment of the lifeboats, Class C boats and other boats to the falls shall be at such height above the gunwale as to ensure stability when lowering the lifeboats, Class C boats or other boats.

(19) Every emergency lifeboat carried in compliance with rule 5 (3), rule 6 (4) and rule II (3) shall be provided with means for facilitating the attachment of the lower fall blocks to the lifting arrangements of the boat when the boat is recovered from the sea in adverse weather conditions. For this purpose, a pendant of adequate strength and suitable length shall be provided for each davit, and the one end of the pendant shall be attached to the lower fall block and the other end to the lifting arrangement on the boat. Means shall, in addition, be provided for hanging off the boat after hoisting to enable the lower fall block to be attached directly to the lifting hook.

(20) In any ship to which these Rules apply when a lifeboat is attached to any set of davits, davit, or other means of launching not of sufficient strength that the lifeboat can be safely lowered into the water when loaded with its full complement of persons and equipment required by these Rules under the conditions of trim and of list specified in these Rules for the class of ship, or when any Class C boat or other boat not of sufficient strength that it can be safely lowered into the water when loaded with its full complement of persons and equipment required by these Rules is attached to any set of davits, davit, or other means of launching, each davit or other means of launching shall be conspicuously marked with a red band 6 inches wide painted on a white background.

36. Stowage and handling of life rafts, buoyant apparatus, lifebuoys and lifejackets

(1) Liferafts and buoyant apparatus shall be so stowed that they can be put into the water safely even under unfavourable conditions of trim and of up to 15 degrees of list either way.

(2) In every ship of Classes I, II and yea) which carry Iiferafts in accordance with rule 5 (2) (b), 6 (8) (c) or 11 (2) (b), there shall be provided for such Iiferafts launching appliances complying with the requirements of the Sixteenth Schedule.

(3) Every liferaft launching appliance shall be so arranged that even under unfavour- able conditions of trim and of up to 15 degrees of list, either way, each Iiferaft which is designed for use with such an appliance can be launched when loaded with its full com- plement of persons and equipment.

(4) Liferafts for which launching appliances are provided, and such launching appli- ances, shall not be placed in the bows of the ship and shall be so placed as to ensure safe launching having particular regard to clearance from the propeller and steeply overhang- ing portions of the hull aft, and to ensure so far as it is practicable that they can be launched down the straight side of the ship.
(5) Means shall be provided for bringing liferafts for which launching appliances are provided against the ship’s side and for holding them there for the safe embarkation of persons.

(6) Lifebuoys shall be so stowed as to be readily accessible to all persons on board, and in such a way that they can be rapidly cast loose.

(7) Lifejackets shall be so stowed as to be readily accessible to all persons on board. Their position shall be clearly and permanently indicated.

PART V

Miscellaneous provisions

37. Embarkation into lifeboats, Class C boats other boats and life rafts

(1) Arrangements shall be made to ensure that it is possible to effect embarkation into the lifeboats, Class C boats and other boats, and Iiferafts rapidly and in good order.

(2) In every ship arrangements shall be made for warning the passengers and crew when the ship is about to be abandoned.

(3) In ships of Classes V, VI, VII and VII(A), in ships of Class IX of 150 feet or over in length and in ships of Class X, one ladder shall be carried at each set of lifeboat davits where the davits are capable of lowering the lifeboat when loaded with its full comple- ment of persons and its equipment required by these Rules. Such provision shall also be made for ships of Classes I, II and III and for those ships of Class yeA) to which rule (2) refers, except that in such ships the appropriate authority may permit such ladders to be replaced by suitable mechanical devices, provided that there shall not be less than one ladder on each side of the ship.

(4) In ships of Class V, YeA), VI, VII, VII(A), IX and X which carry a Class C boat or a lifeboat which is not capable of being lowered into the water when loaded with its full complement of persons and its equipment required by these Rules, suitable means shall be provided for embarking persons into the boat.

(5) In ships of Class I, II and III, in ships of Class V (A) to which rule 11 (2) refers and in ships of Classes V, VI and VII(A) of 500 tons or over, sufficient ladders shall be provided to facilitate embarkation into the liferafts when waterborne except that in such ships the appropriate authority may permit the replacement of some or all of such ladders by suitable mechanical devices.

(6) The ladders provided in compliance with this paragraph of this rule shall be of sufficient length to reach the water line with the ship at her lightest sea-going draught and listed to 15 degrees either way.
(7) Ships of Classes I, II, III, V, V(A), VI, VII, VII(A) and IX shall be provided with means situated outside the engine room whereby any discharge of water into the lifeboats or into life rafts at fixed launching positions, including those under launching appliances, can be prevented.

38. Manning of lifeboats and liferafts

(1) In ships of Classes I, II and III, a deck officer or certificated lifeboatsman shall be placed in charge of each lifeboat and a second in command shall also be nominated. The person in charge shall have a list of the lifeboat’s crew and shall see that the persons placed under his orders are acquainted with their several duties.

(2) In ships of Class I, a person trained in the handling and operation of liferafts shall be assigned to each liferaft.
(3) In ships of Class II and III carrying liferafts served by launching appliances, two persons trained in the handling and operation of liferafts shall be assigned to each launching appliance.

(4) In ships of Classes II and III carrying liferafts not served by launching appliances which are stowed in groups at fixed launching positions, a person trained in the handling and operation of liferafts shall be assigned to each such position.

(5) In ships of Classes I and II, a person capable of working the radio equipment and searchlight equipment shall be assigned to each lifeboat carrying such equipment.

(6) In every ship in which motor lifeboats are carried, a person capable of working the motor shall be assigned to each motor lifeboat.

39. Certificated Iifeboatmen

(1) The crew of every ship of Class I, II and III shall include, for each lifeboat carried in compliance with these Rules, a number of certificated lifeboatmen not less than that specified in the following table-

Minimum number
Prescribed complement of lifeboat of certificated life-
boatmen
Less than 41 persons …………………………………………………………….2
From 41 to 61 persons …………………………………………………………..3
From 62 to 85 persons …………………………………………………………..4
More than 85 persons ……………………………………………………………5

(2) An applicant for a lifeboatman’ s certificate shall be at least 18 years of age and shall submit himself for examination at such time and place as may be directed by the appropriate authority who, on being satisfied that he has had sufficient service at sea and has been trained in all the operations connected with the launching and practical handling of lifeboats and other life-saving equipment and in the use of oars and propelling gear and, further, that he is capable of understanding and answering any orders relative to all kinds of life-saving appliances, may issue a certificate to him.

(3) In this rule, “prescribed complement” means the number of persons which the lifeboat is deemed fit to accommodate under these Rules.

40. Portable radio equipment

(1) The portable radio equipment required to be carried in compliance with rule 5 (6), rule 6 (II), rule 10 (10) and rule Il (6) shall comply with such of the requirements of radio rules under the Act as apply thereto and shall be kept in a suitable place ready to be moved into a lifeboat or a liferaft in case of emergency.

(2) In ships where the disposition of superstructures or deck houses is such as to in- volve substantial fore and aft separation of the main transmitter and lifeboats, such equipment shall be kept in vicinity of those lifeboats or liferafts which are furthest away from the main transmitter.

41. Electrically operated signals

Every ship of Class I shall be provided throughout the ship with electrically operated signals controlled from the bridge for summoning passengers to muster stations.
42. Electric lighting
(1) In every ship of Class I, II or Ill, an electric lighting system shall be provided throughout the ship and in particular upon the decks from which lifeboats and liferafts are embarked. Provision shall also be made in every such ship for the electric lighting of the launching gear and of the lifeboats, and of the liferaft launching appliances where provided and the liferafts which they serve, during the preparation for and process of launching and also for illuminating the water into which the lifeboats and liferafts served by launching appliances are launched until the process of launching is completed, and for lighting the stowage position of liferafts for which launching appliances are not provided. The lighting shall be operated from the ship’s main generating plants and shall be so ar- ranged that power may be supplied from the emergency source of power referred to in the Construction Rules made under the Act.

(2) In every ship of Class I and II, the exit from every main compartment occupied by passengers or crew shall be continuously lighted by an emergency electric lamp, oper- ated from the ship’s main generating plant and so arranged that power may be supplied from the emergency source of power referred to in the Construction Rules made under the Act.

(3) In every ship of Classes V, V (A) and VI of 500 tons or over and in every ship of Class VII(A) of such tonnage engaged on international voyages, provision shall be made for the electric lighting of the launching gear and of the lifeboats and of the liferafts launching appliances, where provided, and of the liferafts which they serve, during the preparation for and process of launching and also for lighting the water into which the lifeboats, and the Iiferafts served by launching appliances, are launched, until the process of launching is completed and for the lighting of the stowage position of liferafts for which launching appliances are not provided.

(4) In every ship of Classes V, V(A) and VI of 1,600 tons or over and in every ship of Class VII(A) of such tonnage engaged on international voyages, provision shall be made for the electric lighting of the alleyways, stairways and exits so as to ensure that access of all persons on board to the launching stations and stowage positions of lifeboats and life- rafts is not impeded.

(5) The lighting required by paragraphs (3) and (4) of this rule shall be operated from the ship’s main electric generating plant and in addition shall be capable of being oper- ated-
(a) in every such ship of 5,000 tons or over, from an emergency source of electric power which shall be provided for such lighting or in the case of any ship to which rule 6 of the Merchant Shipping (Cargo Ship Construction and Survey) Rules applies, from the emergency source of electric power required by that rule;
(b) in every such ship of 1,600 tons or over but of under 5,000 tons, from an emergency source of electric power which shall be provided for such lighting or in the case of any ship to which rule 7 of the said rules applies, from the emergency source of electric power required by that rule.
(6) In every ship of 500 tons or over but of under 1,600 tons the lighting required by paragraph (3) of this rule shall be operated from the ship’s main electric generating plant and in addition shall be capable of being operated from an emergency source of electric power which shall be provided for such lighting or where, in the case of any cargo ship, emergency source of electric power is required under any Construction Rules under the Act from that emergency source of electric power or, if the appropriate authority so per- mits, from the reserve source of electrical energy required by the Radio Rules under the Act on condition that the lighting circuit can be readily disconnected and the said reserve source is capable of supplying the additional load or loads without falling below the ca- pacity required by the Radio Rules.

(7) In every ship of Classes V, V(A), VI and VII(A) to which paragraph (3) of this rule does not apply and in every ship of Classes VII and IX, means shall be provided for the electric lighting of the launching gear and lifeboats or boats during the preparations for and process of launching and also for the lighting of the stowage position of the life- rafts.
43. Ship’s distress signals

(1) Every ship to which these Rules apply, except ships of Classes IV, IV(A), and VIII, ships of Class IX of less than 40 feet in length and ships of Class X, shall carry not less than twelve parachute distress rocket signals which shall comply with the require- ments of the Seventeenth Schedule.

[Seventeenth Schedule.]

(2) Ships of Class IX of less than 40 feet in length shall carry not less than six red star distress signals which shall comply with the requirements of paragraph (4) of this rule.
(3) Ships of Class X which proceed to sea shall carry not less than six pyrotechnic distress signals which shall be either parachute distress rocket signals of a type which complies with the requirements of the Seventeenth Schedule or red star distress signals which shall comply with the requirements of paragraph (4) of this rule.

[Seventeenth Schedule.]

(4) Any red star distress signals required by this rule shall be capable of emitting two or more red stars either together or separately at or to a height of not more than 150 feet. Each of these stars shall burn with a minimum luminosity of 5,000-candle power for not less than five seconds.

(5) All pyrotechnic distress signals shall be packed in a water-tight container and shall be clearly and indelibly labelled to indicate their purpose.

44. Equivalents and exemptions

(1) Where these Rules require that a particular fitting, material, appliances or appa- ratus, or type thereof, shall be fitted or carried in a ship, or that any particular provision shall be made, the appropriate authority may permit any other fitting, material, appliance or apparatus, or type thereof, to be fitted or carried or any other provision to be made in that ship if the appropriate authority is satisfied by trial thereof that such other fitting, material, appliance or apparatus, or type thereof, or provision, is at least as effective as that required by these Rules.

(2) If it appears to the appropriate authority, on the application of the owner of any ship, that it is not practicable or reasonable to fit in that ship the number of sets of davits required by these Rules the appropriate authority may permit one or more sets of davits to be dispensed with in that ship subject to such conditions, if any, as the appropriate authority thinks fit:

Provided that, in the case of ships of Classes II and III the number of sets of davits fitted shall, subject to the provisions of rules 6 (2) and 6 (8), in no case be less than the minimum number determined by Column 8 of the table set out in the Second Schedule. [Second Schedule.]

(3) If a ship of Class I is permitted by the terms of her passenger steamer’s certificate to carry, between specified ports or places abroad, a number of passengers in addition to the number allowed when the ship is proceeding to sea from Nigeria, the appropriate authority may, subject to such conditions as it thinks fit, permit as regards the part of the voyage between such specified ports or places, modifications of the provisions of rules 5 (2) and 5 (II) (which relate to lifeboats, liferafts and buoyant apparatus):

Provided that where such modifications are allowed the total number of lifeboats together with such liferafts as are carried shall be always sufficient for the total number of persons which the ship is certified to carry and in addition liferafts shall be carried sufficient to support ten per cent of that number of persons.

(4) The appropriate authority may exempt any ship not normally engaged on interna- tional voyages but which, in exceptional circumstances, is required to undertake a single international voyage from any of the requirements of these Rules:

Provided that the ship complies with safety requirements which in the opinion of the appropriate authority are adequate for the voyage which is to be undertaken by the ship.

(5) If it is impracticable or unreasonable for a ship to carry a lifeboat or boat of the minimum length prescribed by these Rules, the appropriate authority may permit a smaller lifeboat or boat to be carried by that ship.

(6) The appropriate authority may, either absolutely or subject to such conditions as it thinks fit, exempt any ship of which the keel was laid before the coming into operation of these Rules, from any requirement of these Rules, if it is satisfied that compliance with a requirement is either impracticable or unreasonable in the case of that ship.

SCHEDULES

FIRST SCHEDULE [Rule 4.]

lnland tidal waters areas

1. All those inland waters in the area bounded by the border with the Republic of Beninin the West, the meridian of 5 degrees East longitude in the East, and the parallel of 7 degrees North latitude in the North.
2. All those inland waters in the area bounded by the meridian of 5 degrees East longitude in the West, the meridian of 6 East longitude in the East, and the parallel of 6 degrees 5 minutes North latitude in the North.

3. All those inland waters in the area bounded by the meridian of 6 degrees East longitude in the West, the border with the Cameroons in the East, and the parallel of 5 degrees North latitude in the North.

SECOND SCHEDULE
Table showing the minimum number of sets of davits to be provided and the minimum cubic capacity of lifeboats in ships of Class II and 11.

SECOND SCHEDULE- continued

Length of ship feet Minimum number of sets of davits

Under 200…………………………………………………………………………………………………2
200 and under 240 ……………………………………………………………….……………3
240 and under 280………………………………………………………………………………………4
280 and under 320……………………………………………………………………………………….5
320 and over………………………………………………………………………………………………..6

THIRD SCHEDULE

[Rule 18.]
General requirements for lifeboats

1. Every lifeboat shall be constructed with rigid sides.
2. In any lifeboat fitted with a rigid shelter, the shelter shall be capable of being readily opened from both inside and outside and shall not impede rapid embarkation and disembarkation or the launching and handling of the lifeboat. Such a sheller where fitted may be accepted as complying with the requirements of sub-paragraph (x) of rule 27 (1).

3. Every lifeboat, except wooden lifeboats made of planks, shall have a block coefficient of the cubic capacity as determined in accordance with the Fourth Schedule of not less than 0.64.
4. Every lifeboat shall be of such form and proportions that it shall have ample stability in a seaway, and sufficient freeboard when loaded with its full complement of persons and equipment.

5. Every lifeboat shall be so constructed that it shall be capable of maintaining positive stability when open to the sea and loaded with its full complement of persons and equipment.

6. Every lifeboat shall be properly constructed for the purpose for which it is intended and shall be of sufficient strength to permit its being safely lowered into the water when loaded with its full complement of persons and equipment. It shall be of such strength that it will not suffer residual deflection if subjected to an overload of at least 25 per cent.

7. No lifeboat shall be less than sixteen feet in length except that where these Rules permit a lifeboat to be carried as an alternative to a Class C boat, the length of such lifeboat shall not be less than that of the Class C boat as determined in accordance with paragraph (3) of the Seventh Schedule.

[Seventh Schedule.]

8. No lifeboat when laden with its full complement of persons (calculated at 165 pounds per person) and equipment shall weigh more than twenty tons.
9. In every lifeboat all thwart and side seats shall be fitted as low in the lifeboat as practicable and bottom boards shall be fitted.

10. Every lifeboat shall have a mean sheer at least equal to four per cent of its length. The sheer shall be approximately parabolic in form.

11. Every lifeboat shall be filled with internal buoyancy applianceswhich shall consit either of air cases or buoyant material which shall not be adversely affected by oil or oil products and which shall not adversely affect the boat.

12. In every lifeboat the total volume of the international buoyancy appliances shall be such that it will be at least equal to the sum of the volume of-

(a) that required to Iloat the lifeboat and its full equipment when the lifeboat is flooded and open to the sea so that the top of the gunwale amidships is not submerged; and
(b) that equal to ten per cent of the cubic capacity of the lifeboat.

13. In the case of lifeboats which accommodate 100 or more persons, the volume of the buoyancy appliances required by sub-paragraph (b) of the preceding paragraph of this Schedule shall be increased as follows-

(a) in lifeboats which accommodate from 100 to 130 persons, by an amount de- termined by interpolating between nil at 100 persons and 1.5 per cent of the cubic capacity of the lifeboat at 130 persons;

(b) in lifeboats which accommodate over 130 persons, by an amount equal to 1.5 per cent of the cubic capacity of the lifeboat.

FOURTH SCHEDULE
[Rule 19.]
Calculation of cubic capacity of lifeboats

1. Subject to the provisions of paragraph 4 of this Schedule, the cubic capacity of a lifeboat for the purposes of these Rules shall be measured in cubic feet and shall be determined by Stirling’s (Simpson’s) Rule, which may be considered as given by the following formula-

(a) Cubic Capacity
=_12^l(4𝐴+2𝐵+4𝐶)
where L denotes the length of the lifeboat in feet from the inside of the shell at the top of the stem to the corresponding point at the top of the stern post; in the case of a lifeboat with a square stern the length is measured to the inside of the top of the transom;

(b) A, E, C, denote respectively the areas of the cross-sections at the quarter length forward, amidships and the quarter length aft which correspond to the three points obtained by dividing L into four equal parts (the areas corresponding to the two ends of the lifeboat shall be considered negligible);
(c) the areas A, B, C shall be deemed to be given in square feet by the successive application of the following formula to each of the three cross-sections-

(i) Area

=_12^h(𝑎+4𝑏+2𝑐+4𝑑+𝑒),
where h denotes the depth measured in feet inside the shell from the keel to the level of the gunwale or, in certain cases, to a lower level as determined hereafter; and

(ii) a, b, c, d, e denote the horizontal breadths of the lifeboat measured in feet inside the shell at the upper and lower points of the depth and at the three points obtained by dividing h into four equal parts (a and e being the breadths at the extreme points and c at the middle point of h);

(d) the capacity of a square-sterned lifeboat shall be calculated as if the lifeboat had a pointed stem.

2. If the sheer of the gunwale, measured at the two points situated at a quarter of the length of the lifeboat from the ends, exceeds one per cent of the length of the lifeboat, the depth em- ployed in calculating the area of the cross-section A or C shall be deemed to be the depth amidships plus one per cent of the length of the lifeboat.

3. If the depth of the lifeboat amidships exceeds 45 per cent of the breadth, the depth employed in calculating the area of the amidship cross-section B shall be deemed to be equal to 45 per cent of the breadth, and the depth employed in calculating the areas of the quarter-length sections A and C is obtained by increasing this last figure by an amount equal to one per cent of the length of the lifeboat:

Provided that in no case shall the depths employed in the calculation exceed the actual depths at these points.
4. Unless the owner of the lifeboat requires the cubic capacity to be determined by exact measurement, the cubic capacity of a lifeboat constructed of wooden planks may be assumed to be the product of the length, the breadth and the depth multiplied by 0.6 if this formula does not give a greater capacity than that obtained by the formula set out in paragraph 1 of this Schedule. The dimensions shall be measured in the following manner-

(a) Length-From the intersection of the outside of the planking with the top of the stem to the corresponding point at the stern post, or in the case of a squaresterned lifeboat, to the after side of the top of the transom;

(b) Breadth-From the outside of the planking at the point where the breadth of the lifeboat is greatest;

(c) Depth-Amidships inside the planking from the keel to the level of the top of the gunwale, but the depth used in calculating the cubic capacity may not in any case exceed 45 per cent of the breadth.

5. The cubic capacity of a motor lifeboat or a lifeboat fitted with other propelling gear shall be obtained from the gross capacity by deducting a volume equal to that occupied by the motor and its accessories or the gearbox of the other propelling gear, and any equipment with which the lifeboat may be provided in compliance with rule 29.
FIFTH SCHEDULE
[Rule 20 (a).]

Machinery of motor lifeboats

1. The engine shall be capable of being readily started in cold weather and of running reliably under conditions of extremes of temperature.

2. The engine shall operate properly under conditions of at least 10 degrees list and 10 degrees trim. Circulating water pumps, where fitted, shall b

Constitution	Federal Laws	Treaties
State Laws	Court Judgments	Court Rules