The Merchant Shipping Acts 1983 and 1984 (Isle of Man) Order 1984 No. 1985


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United Kingdom Statutory Instruments


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Statutory Instruments

1984 No. 1985

MERCHANT SHIPPING

The Merchant Shipping Acts 1983 and 1984 (Isle of Man) Order 1984

Made

19th December 1984

Laid before Parliament

8th January 1985

Coming into Operation

19th January 1985

At the Court at Buckingham Palace, the 19th day of December 1984

Present,

The Queen's Most Excellent Majesty in Council

Her Majesty, in pursuance of section 8(1) of the Merchant Shipping Act 1983 and section 13 of the Merchant Shipping Act 1984, 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 Acts 1983 and 1984 (Isle of Man) Order 1984 and shall come into operation on 19th January 1985.

2. It is hereby directed that-

(a)sections 5 and 7, section 9 so far as it relates to any ship registered under section 5, and sections 10 and 11 of, and the Schedule to, the Merchant Shipping Act 1983(1); and

(b)sections 12 and 14 of, and Schedule 2 to the Merchant Shipping Act 1984,

shall extend to the Isle of Man with the exceptions, adaptations and modifications specified in the Schedule to this Order.

G.I. de Deney

Clerk of the Privy Council

Article 2

SCHEDULEEXCEPTIONS, ADAPTATIONS AND MODIFICATIONS TO PROVISIONS OF THE MERCHANT SHIPPING ACTS 1983 AND 1984 AS EXTENDED TO THE ISLE OF MAN

1. Any reference to an enactment shall be construed, unless the contrary intention appears, as a reference to it as it has effect in the Isle of Man.

THE MERCHANT SHIPPING ACT 1983

2. In section 5(1) of the 1983 Act-

(a)for "Secretary of State" there shall be substituted "Isle of Man Harbour Board";

(b)for "United Kingdom" in the first place where those words occur there shall be substituted "Isle of Man";

(c)for "United Kingdom" in the second place where those words occur there shall be substituted "British Islands".

3. In section 5(3) of the 1983 Act, for "United Kingdom" there shall be substituted "Isle of Man".

4. In section 5(6) of the 1983 Act, "determined with the approval of the Treasury" shall be omitted.

5. In section 5(9) of the 1983 Act, for "Act 1970" there shall be substituted "(Isle of Man) Act 1974 (an Act of Tynwald)".

6. For section 7 of the 1983 Act there shall be substituted the following provision:-

"7. Regulations made under section 5 shall not come into operation until they are approved by Tynwald.".

7. Sections 10(3) and 11(3) and (4) of the 1983 Act shall be omitted.

8. In paragraph 2 of the Schedule to the 1983 Act-

(a)in sub-paragraph (j), the words from "being fees" to the end of the sub-paragraph shall be omitted;

(b)in sub-paragraph (k), for "Secretary of State" there shall be substituted "Isle of Man Harbour Board".

9. In paragraph 3(3) and (4) of the Schedule to the 1983 Act, "(a) in England and Wales and Scotland," and sub-paragraph (b) shall be omitted.

10. In paragraph 4(2) of the Schedule to the 1983 Act, for "Secretary of State" there shall be substituted "Isle of Man Harbour Board".

11. In paragraph 5 of the Schedule to the 1983 Act, for "United Kingdom" there shall be substituted "Isle of Man".

THE MERCHANT SHIPPING ACT 1984

12. In section 12-

(a)in subsection (1), after "a surveyor of ships"; and

(b)in subsection (2), after "a surveyor of ships appointed for the purposes of the Merchant Shipping Act 1894",

there shall be inserted "or a surveyor appointed under section 2 of the Merchant Shipping (Registration) Act 1984 (an Act of Tynwald)".

13. Section 14(3), (5) and (6) shall be omitted.

EXPLANATORY NOTE

This Order extends to the Isle of Man certain provisions of the Merchant Shipping Acts 1983 and 1984. The provisions extended are principally, as regards the 1983 Act, those concerned with setting up a special register for small ships and, as regards the 1984 Act, those amending certain other enactments relating to ascertainment of tonnage.

(1)

Section 9 was amended by Schedule 2 to the Merchant Shipping Act 1984.


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