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United Kingdom Statutory Instruments


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Statutory Instruments

1988 No. 1010 (C. 32)

MERCHANT SHIPPING

The Merchant Shipping Act 1988 (Commencement No. 1) Order 1988

Made

6th June 1988

The Secretary of State of Transport, in exercise of powers conferred on him by section 58(2) of the Merchant Shipping Act 1988(1) and of all other powers enabling him in that behalf, hereby makes the following Order:-

1. This Order may be cited as the Merchant Shipping Act 1988 (Commencement No. 1) Order 1988.

2. The provisions of the Merchant Shipping Act 1988 specified in the first column of the Schedule to this Order (which relate to the matters specified in the second column of that Schedule) shall come into force on 4th July 1988.

Signed by authority of the Secretary of State

David B. Mitchell

Minister of State,

Department of Transport

6th June 1988

SCHEDULEPROVISIONS COMING INTO FORCE ON 4TH JULY1988

Provisions of the ActSubject matter of provisions

Section 11

Categorisation of dependent territory registries

Section 26

Assistance for training

Section 27

Assistance for crew relief costs

Sections 28 and 29

Merchant Navy Reserve

Section 30

Owner and master liable in respect of dangerously unsafe ship

Section 31

Owner liable for unsafe operation of ships

Section 32

Conduct endangering ship, structures or individuals

Section 33

Marine Accident Investigation Branch

Section 35

Ship to ship transfers

Section 36

Amendments of Coast Protection Act 1949(2) relating to safety of navigation

Section 37

Licensing of tidal works by harbour authorities

Section 38

Powers to take retaliatory action

Sections 39 and 40

Restrictions on access to UK cabotage

Sections 41 to 43

Financing and administration of lighthouse service

Sections 44 and 45

Inquiries

Section 46

Payment of seamen's wages

Section 47

Application of Merchant Shipping Acts to ships chartered by the Crown

Section 48 so far as it relates to the provisions of Schedule 5 set out below in this Schedule

Miscellaneous amendments of the Merchant Shipping Acts

Section 49

Application to hovercraft

Section 50

Application to unregistered ships

Section 51

Offences by bodies corporate

Section 53

Regulations

Section 55

Financial provisions

Section 56

Extension of Act to overseas territories

In section 57, subsections (1), (2) (3) and (4) so far as it relates to the provisions of Schedule 6 set out below in this Schedule and subsection (5) so far as it relates to the provisions of Schedule 7 set out below in this Schedule

Interpretation, minor and consquential amendments and repeals

In sections 58 subsections (1), (2), (3) and (5) and subsection (4) so far as it relates to the provisions of Schedule 8 set out below in this Schedule

Citation, commencement, transitional provisions and extent

Schedule 5 except for:

(i)

paragraph 4 of the entry for Merchant Shipping Act 1894 (amendment to s.634(1)(a))

(ii)

entry for Merchant Shipping Act 1906 (omission of s.52)

(iii)

paragraph 7 of the entry for the Merchant Shipping Act 1970 (omission of section 89).

Miscellaneous amendments to the Merchant Shipping Acts

In Schedule 6:-

Minor and consequential amendments to or in respect of:

Paragraph 1 of the entry for the Merchant Shipping Act 1894

Power to detain unsafe ships

Paragraph 2 of the entry for the Merchant Shipping Act 1894

Application to foreign ships of provisions as to detention

Paragraph 3 of the entry for the Merchant Shipping Act 1894

Enforcing detention of ship

The entry for the Merchant Shipping (Amendment) Act 1920(3)

Amendment of section 659 of the 1894 Act

The entry for the Merchant Shipping Act 1965(4)

Tonnage regulations

Paragraph 1 of the entry for the Merchant Shipping Act 1970

Defence of drug taken for medical purposes

Paragraph 2 of the entry for the Merchant Shipping Act 1970

Formal investigation into shipping casualty

Paragraph 3 of the entry for the Merchant Shipping Act 1970

Rules as to inquiries etc.

Paragraph 4 of the entry for the Merchant Shipping Act 1970

Application of sections 62 to 66 to Masters

Sub-paragraph (a) of paragraph 5 of the entry for the Merchant Shipping Act 1970

Section 95 (fishing vessels)

Paragraph 1 of the entry for the Merchant Shipping Act 1979

Prevention of pollution from ships etc

Paragraph 2 of the entry for the Merchant Shipping Act 1979

Supplementary provisions about inspectors

Paragraph 3 of the entry for the Merchant Shipping Act 1979

Power to extend Act to certain countries, etc

Paragraph 4 of the entry for the Merchant Shipping Act 1979

Miscellaneous penalties on summary conviction

The entry for the Supreme Court Act 1981(5)

Admiralty jurisdiction of High Court

Paragraph 2 of the entry for the Merchant Shipping Act 1983

Small ships: amendments of Merchant Shipping Acts

The entry for the Merchant Shipping Act 1984(6)

Statutory provisions which are relevant for the purpose of serving notices in connection with safety and other matters

Schedule 7, so far as it relates to the repeals set out in the Appendix to this Schedule

Enactments repealed

In Schedule 8, paragraphs 1 and 3

Transitional provisions and savings

APPENDIX

Repeals taking effect on 4th July 1988

ChapterShort TitleExtent of Repeal
1894 c. 60.Merchant Shipping Act 1894.

Section 463.

Section 648(1).

In section 652(4) the words from "; and those reports" onwards.

Section 663.

In section 676(1), paragraph (i).

In section 677, paragraph (i).

In section 731, the words "or by the Board of Trade" and "or of the Board of Trade".

Section 744.

1897 c. 59.Merchant Shipping Act 1897.In section 1, in subsection (1) the words from "as if" (where first occurring) to ""machinery", and", and subsection (2).
1898 c. 44.Merchant Shipping (Mercantile Marine Fund) Act 1898.Section 2(4).
1906 c. 48.Merchant Shipping Act 1906.

In section 2, paragraph (1) and the "(2)" immediately following it.

Section 83.

1950 c. 9.Merchant Shipping Act 1950.Section 4.
1968 c. 13.National Loans Act 1968.In Schedule 4, in paragraph 2, the words from "Section 663" onwards.
1970 c. 36.Merchant Shipping Act 1970.

Section 23.

In section 30, paragraphs (a) and (b).

In section 32, "30(b)".

Section 42(2).

In sections 52(3) and 54(2), the words from "and the persons" onwards.

Section 55.

Sections 65 and 66.

In section 92, the word "British".

1974 c. 52.Trade Union and Labour Relations Act 1974.In Schedule 3, in paragraph 14 the words from "in subsection (2)" to ""1974)" and".
1979 c. 39.Merchant Shipping Act 1979.

In section 28(7)(a), "463(5),".

Section 32(2) and (3).

In section 37, subsection (4), and in subsection (6) the word "British".

In section 40, in subsection (1)paragraphs (a), (c) and (d), and subsection (2).

Section 44.

Section 45(1).

In Schedule 6-

  • in Part II, the entry relating to section 23(3) of the Merchant Shipping Act 1970.

  • in Part IV, the entry relating to section 73(2) of that Act.

  • in Part VII, paragraph 19.

1983 c. 13.Merchant Shipping Act 1983.

Sections 1 to 4.

In section 9(1), the words "any registered ship measured for length or".

Explanatory Note

(This note is not part of the Order)

This Order brings into force on 4th July 1988 the provisions of the Merchant Shipping Act 1988 specified in the Schedule to the Order, and also effects the repeals set out in the Appendix to the Schedule.

In general the whole Act, which made a variety of amendments to the Merchant Shipping Acts, is brought into force, except Part I (Registration of British ships) (other than section 11, Regulation of registration in overseas territories by reference to categories of registries) and Part II (Registration of British Fishing Vessels), and the provisions consequential on those Parts, and except also a few other minor amendments.


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