Ensign etiquette

Just in case we missed anything?

SCHEDULE 3 British Ships
British ships

1 (1) A ship is a British ship if—

(a) the ship is registered in the United Kingdom under this Act; or

(b) the ship is registered in the United Kingdom in pursuance of an Order in Council under section 80 of the [1906 c. 48] Merchant Shipping Act 1906 (Government ships); or

(c) the ship is registered under the law of a relevant British possession; or

(d) the ship is a small ship other than a fishing vessel and—

(i) is not registered under this Act, but

(ii) is wholly owned by qualified owners, and

(iii) is not registered under the law of a country outside the United Kingdom.

(2) For the purposes of sub-paragraph (1)(d) above—

*

“qualified owners” means persons of such description qualified to own British ships as is prescribed by regulations made by the Secretary of State for the purposes of that sub-paragraph; and
*

“small ship” means a ship less than 24 metres in length (“length” having the same meaning as in the tonnage regulations).

(3) The power to make regulations for the purposes of sub-paragraph (1)(d) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The British flag

2 (1) The flag which every British ship is entitled to fly is the red ensign (without any defacement or modification) and, subject to sub-paragraphs (2) and (3) below, no other colours.

(2) Sub-paragraph (1) above does not apply to Government ships within the meaning of section 80 of the [1906 c. 48] Merchant Shipping Act 1906.

(3) The following are also proper national colours, that is to say—

(a) any colours allowed to be worn in pursuance of a warrant from Her Majesty or from the Secretary of State;

(b) in the case of British ships registered in a relevant British possession, any colours consisting of the red ensign defaced or modified whose adoption for ships registered in that possession is authorised or confirmed by Her Majesty by Order in Council.
Penalty for carrying improper colours

3 (1) If any of the following colours, namely—

(a) any distinctive national colours except-

(i) the red ensign,

(ii) the Union flag (commonly known as the Union Jack) with a white border, or

(iii) any colours authorised or confirmed under paragraph 2(3)(b) above; or

(b) any colours usually worn by Her Majesty’s ships or resembling those of Her Majesty, or

(c) the pendant usually carried by Her Majesty’s ships or any pendant resembling that pendant,

are hoisted on board any British ship without warrant from Her Majesty or from the Secretary of State, the master of the ship, or the owner of the ship (if on board) and every other person hoisting them shall be guilty of an offence.

(2) A person guilty of an offence under sub-paragraph (1) above shall be liable—

(a) on conviction on indictment, to a fine;

(b) on summary conviction, to a fine not exceeding the statutory maximum.

(3) If any colours are hoisted on board a ship in contravention of sub-paragraph (1) above, any of the following, namely—

(a) any commissioned naval or military officer,

(b) any officer of customs and excise, and

(c) any British consular officer,

may board the ship and seize and take away the colours.

(4) Any colours seized under sub-paragraph (3) above shall be forfeited to Her Majesty.

(5) In this paragraph—

*

“colours” includes any pendant;
*

“commissioned naval officer” means a commissioned officer in Her Majesty’s navy on full pay and “commissioned military officer” has a corresponding meaning.

Duty to show British flag

4 (1) Subject to sub-paragraph (2) below, a British ship, other than a fishing vessel, shall hoist the red ensign or other proper national colours—

(a) on a signal being made to the ship by one of Her Majesty’s ships (including any ship under the command of a commissioned naval officer); and

(b) on entering or leaving any foreign port; and

(c) in the case of ships of 50 or more tons gross tonnage, on entering or leaving any British port.

(2) Sub-paragraph (1)(c) above does not apply to a small ship (as defined in paragraph 1(2) above) registered under this Act.

(3) In this paragraph “commissioned naval officer” has the same meaning as in paragraph 3 above.
Offences relating to British character of ship

5 (1) If the master or owner of a ship which is not a British ship does anything, or permits anything to be done, for the purpose of causing the ship to appear to be a British ship then, except as provided by sub-paragraphs (2) and (3) below, the ship shall be liable to forfeiture and the master, the owner and any charterer shall each be guilty of an offence.

(2) No liability arises under sub-paragraph (1) above where the assumption of British nationality has been made for the purpose of escaping capture by an enemy or by a foreign ship of war in the exercise of some belligerent right.

(3) Where the registration of any ship has terminated by virtue of any provision of registration regulations, any marks prescribed by registration regulations displayed on the ship within the period of 14 days beginning with the date of termination of that registration shall be disregarded for the purposes of sub-paragraph (1) above.

(4) If the master or owner of a British ship does anything, or permits anything to be done, for the purpose of concealing the nationality of the ship, the ship shall be liable to forfeiture and the master, the owner and any charterer of the ship shall each be guilty of an offence.

(5) Without prejudice to the generality of sub-paragraphs (1) and (4) above, those sub-paragraphs apply in particular to acts or deliberate omissions as respects—

(a) the flying of a national flag;

(b) the carrying or production of certificates of registration or other documents relating to the nationality of the ship; and

(c) the display of marks required by the law of any country.

(6) Any person guilty of an offence under this paragraph shall be liable—

(a) on summary conviction, to a fine not exceeding £50,000;

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

(7) This paragraph applies to things done outside, as well as to things done within, the United Kingdom.
Duty to declare national character of ship

6 (1) An officer of customs and excise shall not grant a clearance or transire for any ship until the master of such ship has declared to that officer the name of the nation to which he claims that the ship belongs, and that officer shall thereupon enter that name on the clearance or transire.

(2) If a ship attempts to proceed to sea without such clearance or transire, the ship may be detained until the declaration is made.
Status of certificate of registration

7 The certificate of registration of a British ship shall be used only for the lawful navigation of the ship, and shall not be subject to detention to secure any private right or claim.

:D
 
"2 (1) The flag which every British ship is entitled to fly is the red ensign (without any defacement or modification) and, subject to sub-paragraphs (2) and (3) below, no other colours.

(2) Sub-paragraph (1) above does not apply to Government ships within the meaning of section 80 of the [1906 c. 48] Merchant Shipping Act 1906.

(3) The following are also proper national colours, that is to say—

(a) any colours allowed to be worn in pursuance of a warrant from Her Majesty or from the Secretary of State;

(b) in the case of British ships registered in a relevant British possession, any colours consisting of the red ensign defaced or modified whose adoption for ships registered in that possession is authorised or confirmed by Her Majesty by Order in Council.
Penalty for carrying improper colours

3 (1) If any of the following colours, namely—

(a) any distinctive national colours except-

(i) the red ensign,

(ii) the Union flag (commonly known as the Union Jack) with a white border, or

(iii) any colours authorised or confirmed under paragraph 2(3)(b) above; or

(b) any colours usually worn by Her Majesty’s ships or resembling those of Her Majesty, or

(c) the pendant usually carried by Her Majesty’s ships or any pendant resembling that pendant,

are hoisted on board any British ship without warrant from Her Majesty or from the Secretary of State, the master of the ship, or the owner of the ship (if on board) and every other person hoisting them shall be guilty of an offence."


Ok... I read that as saying that I can fly
1) A Red Ensign
2) Any Ensign assigned by warrant.
3) A territorial ensign. (If the boat is registered in the territory)


But I will NOT be commiting a offence if I fly.....

1) A union flag with a white border.
2) Any Ensign flown by her majestys ships... ie the White Ensign.


So I could fly either the red, or the white... or a fancy union Flag..
 
photodog said:
But I will NOT be commiting a offence if I fly.....

1) A union flag with a white border.
2) Any Ensign flown by her majestys ships... ie the White Ensign.


So I could fly either the red, or the white... or a fancy union Flag..
Click to expand...

No - You need to read it again, paying attention to the paragraph layout. Try reading the Act as laid out by HM Gov here whereupon all will become clear.
 
Thats a bit clearer...... so I cant fly a white....

But I can fly a union flag with a white border...... or the red.
 
So Shambles

Shambles said:
I have noticed an increasing ignorance of basic procedures lately.

Recently a MC was alongside in Weymouth (No name no packdrill). She was flying two blue ensigns - one from an ensign staff aft and one from his gantry. In addition there was a red ensign flying from the pulpit (jack staff).

Curious as to this strange display I enquired the owners reasons. His reply:- "I didnt know it mattered, I bought a blue one because it matches the boat!!"

I am not going to get too concerned about this but it poses the question if his knowledge on this matter is so lacking, whats he like on other aspects; boat handling, safety, tides, weather etc?
Click to expand...


Was it on an "ebb tide" like something you may see in Hayling? very common behavior near the local B & B's..
 
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Flagging interest

C'mon lads why is no one showing any interest in this fascinating subject. Only 187 of you have bothered to post your opinion, why so apathetic?
 
Guapa said:
On the subject of ensigns everything there is to be said, has been said already - just not by everybody. :p
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No, no! Shouldn't someone now draw the original poster's notice to the well-established Scuttlebutt tradition: to show appreciation of all those who have struggled to answer his question, he must now summarize all the points made.
 
Lakesailor said:
Having read the whole thread, I'm going off to top myself.
Click to expand...

Noo! Lakey! Don't do that. Who'd post up the porn?

As for Ensigns, I have a Brown ensign - fading+exhaust stains. I also fly a Devon Ensign just to annoy the cornish. I won't fly a Blue ensign as it clashes with the hull colour. If I ever do anything nautically astonishing, I'd like to be invited join the RYS but they wouldn't ask me, so there's a pointless ambition. I have seen Blue ensigns used as a bit of "one upmanship" but that just shows up the silliness of snobbery, as do the "Blue ensign flyers are prats" comments.

Yes, I know hundreds of thousands of Brits have died under all three coloured ensigns over the centuries, but frankly, I can't be arsed to argue about flags. My braincells are too precious to waste. I normally take the ensign down at night, as I'm a cheapskate and don't want to fly it to death or, more importantly, have it obscure the stern light.

I have seen the odd idiot with some random flag flying, and it usually indicates someone not paying attention, but people not paying attention normally fly good ensigns too.

And on that note, I'm off to bed.
 
Everyone else has taken the bait so why not me...:)

Having read the above would I be correct in assuming that it is national colours which are illegal. So presumably St Piran and St Petroc crosses are ok but not the St Andrew's Cross or Saltire. Can the Welsh therefore fly the St David's Cross (yellow + on a black ground) but not the Red Dragon? Or are perhaps the Welsh and Scottish flags not recognised as national (maritime?) colours?

As the law makes a specific exemption for the pilot jack (Union flag with white border) can it be assumed that the wearing a Union flag within any other unauthorised flag (e.g. the Cornish 'ensign') is an offence?
 
TamarMike said:
Everyone else has taken the bait so why not me...:)

Having read the above would I be correct in assuming that it is national colours which are illegal. So presumably St Piran and St Petroc crosses are ok but not the St Andrew's Cross or Saltire.
Click to expand...
Are you implying Cornish isn't a nationality? Shame on you ;)
 
3) If any colours are hoisted on board a ship in contravention of sub-paragraph (1) above, any of the following, namely—

(a) any commissioned naval or military officer......may board the ship and seize and take away the colours.

(4) Any colours seized under sub-paragraph (3) above shall be forfeited to Her Majesty.

(5) In this paragraph—

“commissioned naval officer” means a commissioned officer in Her Majesty’s navy on full pay and “commissioned military officer” has a corresponding meaning.
Click to expand...

Interesting that the drafters have omitted "commissioned air force officer". I wonder why?

;)
 
Campaign to revive the Pilot Jack!!!

Well I have learnt something from the above!

There is a second ensign which we could fly!

from wiki (That source of all knowledge... peace be upon it)

"The flag in a white border occasionally seen on merchant ships was sometimes referred to as the Pilot Jack. It can be traced back to 1823 when it was created as a signal flag, never intended as a civil jack. A book issued to British consuls in 1855 states that the white bordered Union Flag is to be hoisted for a pilot. Although there was some ambiguity regarding the legality of it being flown for any other purpose on civilian vessels, its use as an ensign or jack was established well in advance of the 1864 Act that designated the Red Ensign for merchant shipping. In 1970 the white-bordered Union Flag ceased to be the signal for a pilot, but references to it as national colours were not removed from the current Merchant Shipping Act and it was legally interpreted as a flag that could be flown on a merchant ship, as a jack if desired. This status was confirmed by the Merchant Shipping (Registration, etc.) Act 1993 and the consolidating Merchant Shipping Act 1995 which prohibits the use of any distinctive national colours or those used or resembling flags or pendants on Her Majesty's Ships, except the Red Ensign, the Union Flag with a white border, and some other exceptions permitted elsewhere in the Acts."


I have NEVER seen this flown.... I propose a campaign to revive the use of the Pilot Jack as a ensign..... seems to me there is a nice bit of history there.... and it would be a shame to lose this tradition through non-use!
 
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