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Merchant Shipping Act 1988

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This is the original version (as it was originally enacted).

Section 58(4).

SCHEDULE 8Transitional Provisions and Savings

1The amendments and repeals made by this Act do not—

(a)(unless an Order in Council under section 56 of this Act, or under any other enactment, so provides) extend to any country outside the United Kingdom; or

(b)affect any Order in Council providing for the extension of any enactments to any such country.

2(1)This paragraph shall have effect in relation to any relevant overseasterritory to which the provisions of sections 2 to 7 of this Act have not beenextended by an Order in Council under section 56.

(2)Where—

(a)by virtue of section 2(2) of the 1894 Act (obligation to register British ship) as in force in any such territory, any ship is (apart from this paragraph) a British ship that is not to be recognised as such, but

(b)the ship is a British ship by virtue of section 2 of this Act,

the ship shall nevertheless be recognised as a British ship for the purposes of the Merchant Shipping Acts as in force in that territory.

(3)Where—

(a)by virtue of section 2(2) of the 1894 Act as in force in any such territory, any ship is a British ship that is not to be recognised as such, and

(b)the ship is not a British ship by virtue of section 2 of this Act,

the ship shall, notwithstanding section 2(3) of that Act (as so in force), not be liable to detention under that provision.

(4)Where—

(a)any ship is not wholly owned by such persons as are mentioned in section 1 of the 1894 Act (qualification for owning British ships) as in force in any such territory, but

(b)the ship is a British ship by virtue of section 2 of this Act,

the ship shall nevertheless be recognised as a British ship for the purposes of the Merchant Shipping Acts as in force in that territory, and the following provisions of the 1894 Act (as so in force), namely—

(i)section 69 (penalty for unduly assuming British character), and

(ii)section 71 (penalty for acquiring ownership if unqualified),

shall not apply in relation to the ship.

3If the Secretary of State by order made by statutory instrument so provides, no registration of a fishing boat shall be effected—

(a)under Part IV of the 1894 Act, or

(b)under the [1886 c. 53.] Sea Fishing Boats (Scotland) Act 1886,

during such period not exceeding one month and ending with the commencement of Part II of this Act as is specified in the order.

4Section 4(6) of this Act shall not have effect at any time before the commencement of Part II of this Act, and shall not affect the operation of section 13(3) of this Act in relation to fishing vessels which are registered under Part I of the 1894 Act immediately before the commencement of Part II of this Act.

5In section 72(1) of the 1894 Act as amended by Schedule 1 to this Act (liabilities of unregistered ships), the reference to Part I of that Act shall, in relation to any time before the end of the period referred to in section 13(3)(b) of this Act, be construed as including a reference to Part IV of that Act.

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