The Merchant Shipping Act 1970 (Guernsey) Order 1981 No. 1809

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Statutory Instruments

1981 No. 1809

MERCHANT SHIPPING

The Merchant Shipping Act 1970 (Guernsey) Order 1981

Made

16th December 1981

Laid before Parliament

11th January 1982

Coming into Operation

2nd February 1982

At the Court at Buckingham Palace, the 16th day of December 1981

Present,

The Queen's Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by section 94 of the Merchant Shipping Act 1970, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:-

1. This Order may be cited as the Merchant Shipping Act 1970 (Guernsey) Order 1981 and shall come into operation on 2nd February 1982.

2. In this Order and the Schedule hereto, the expression "Guernsey" means the Bailiwick of Guernsey and the territorial waters adjacent thereto.

3. It is hereby directed that, subject to the exceptions, adaptations and modifications specified in the Schedule to this Order, sections 43 to 50, 68, 97 and 101 of the Merchant Shipping Act 1970(1) shall extend to Guernsey as part of the law there and shall apply to ships registered in Guernsey and to masters and seamen employed in them as they apply to ships registered in the United Kingdom and to masters and seamen employed in them.

N. E. Leigh

Clerk of the Privy Council

SCHEDULEEXCEPTIONS, ADAPTATIONS AND MODIFICATIONS IN THE EXTENSION OF THE PROVISIONS OF THE MERCHANT SHIPPING ACT 1970 SPECIFIED IN ARTICLE 3 TO GUERNSEY AND TO SHIPS REGISTERED THERE

1. Any reference in the provisions extended by Article 3 of this Order to the Merchant Shipping Acts shall be construed as a reference to those Acts as they extend to Guernsey.

2. In sections 45 and 48(1)(b), after the words "the United Kingdom", in each place where they occur, there shall be inserted the words "or Guernsey".

3. For section 49, there shall be substituted the following provision:-

"Sections 43, 45, 47 and 48 of this Act apply to every ship registered in Guernsey and also to any ship registered elsewhere which carries passengers

49.-(a) between places in Guernsey or between Guernsey and the United Kingdom or the Isle of Man or the Bailiwick of Jersey; or

(b)on a voyage which begins and ends at the same place in Guernsey and on which the ship calls at no place outside Guernsey.".

4. In section 68(1), for the words "the United Kingdom" there shall be substituted the word "Guernsey".

5. In section 97:-

(a)in subsection (2) for the words "the United Kingdom" there shall be substituted the word "Guernsey"; and

(b)subsection (7) shall be omitted.

6. In section 101, subsection (4) shall be omitted.

EXPLANATORY NOTE

This Order extends, subject to the exceptions, adaptations and modifications specified in the Schedule thereto, the provisions of the Merchant Shipping Act 1970 which are specified in Article 3 to the Bailiwick of Guernsey as part of the law there and applies those provisions to ships registered there and to masters and seamen employed in them. The provisions relate to manning, certification and the official log books of such ships.

(1)

Section 43 was amended by section 37(2) and (3) of the Merchant Shipping Act 1979 (c. 39); sections 43(5), 45, 46(1), 47, 48, 50(2) and 68(5) and (6) were amended by section 43 of, and Schedule 6 to, the Act of 1979 and the functions of the Board of Trade were transferred to the Secretary of State by S.I. 1970/1537.


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