Search Legislation

The Consular Relations (Merchant Shipping and Civil Aviation) (German Democratic Republic) Order 1976

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format. The electronic version of this UK Statutory Instrument has been contributed by Westlaw and is taken from the printed publication. Read more

Statutory Instruments

1976 No. 1152

MERCHANT SHIPPING CIVIL AVIATION

The Consular Relations (Merchant Shipping and Civil Aviation) (German Democratic Republic) Order 1976

Made

23rd July 1976

Laid before Parliament

2nd August 1976

Coming into Operation

On a date to be notified in the London, Edinburgh and Belfast Gazettes

At the Court of Saint James, the 23rd day of July 1976

Present,

The Counsellors of State in Council

Whereas Her Majesty, in pursuance of the Regency Acts 1937 to 1953, was pleased, by Letters Patent dated the 29th day of June 1976, to delegate to the six Counsellors of State therein named or any two or more of them full power and authority during the period of Her Majesty's absence from the United Kingdom to summon and hold on Her Majesty's behalf Her Privy Council and to signify thereat Her Majesty's approval for anything for which Her Majesty's approval in Council is required:

Now, therefore, Her Majesty Queen Elizabeth The Queen Mother and His Royal Highness The Prince Charles, Prince of Wales, being authorised thereto by the said Letters Patent, and in pursuance of the powers conferred by sections 4, 5, 6 and 16(2) of the Consular Relations Act 1968 or otherwise in Her Majesty vested, and by and with the advice of Her Majesty's Privy Council, do on Her Majesty's behalf order, and it is hereby ordered, as follows:—

1.  This Order may be cited as the Consular Relations (Merchant Shipping and Civil Aviation) (German Democratic Republic) Order 1976. It shall come into operation on the date on which the Consular Convention between the United Kingdom of Great Britain and Northern Ireland and the German Democratic Republic(1), signed at Berlin on the 4th of May 1976, enters into force. This date shall be notified in the London, Edinburgh and Belfast Gazettes.

2.—(1) For the purposes of Articles 3 and 4 of this Order and for the purposes of section 6 of the Consular Relations Act 1968 as applied by virtue of Article 5 of this Order a ship shall be treated as belonging to the German Democratic Republic if it is registered in the German Democratic Republic in accordance with the laws and regulations of the German Democratic Republic.

(2) For the purposes of this Order an aircraft shall be treated as belonging to the German Democratic Republic if it is registered in the German Democratic Republic.

(3) Nothing in this Order shall apply to any ship of war or military aircraft.

(4) In this Order, references to the German Democratic Republic shall be deemed to include references to Berlin (East).

(5) The Interpretation Act 1889 shall apply for the interpretation of this Order as it applies for the interpretation of an Act of Parliament.

3.  Proceedings relating to the remuneration or any contract of service of the master or commander or a member of the crew of any ship or aircraft belonging to the German Democratic Republic shall not be entertained by any court in the United Kingdom unless a consular officer of the German Democratic Republic has been notified of the intention to invoke the jurisdiction of that court and has not objected within a period of two weeks from the date of such notification and a statement to that effect is included among the details on which the claim is based at the time when the proceedings are commenced.

4.  Where an offence is alleged to have been committed on board any ship belonging to the German Democratic Republic by the master or a member of the crew, proceedings for the offence instituted otherwise than at the request or with the consent of a consular officer of the German Democratic Republic shall not be entertained by any court in the United Kingdom, unless—

(a)the offence is alleged to have been committed—

(i)by or against a person who is a citizen of the United Kingdom and Colonies, a British subject by virtue of sections 2, 13 or 16 of the British Nationality Act 1948 or the British Nationality Act 1965, or a British protected person within the meaning of the said Act of 1948; or

(ii)against a person other than the master or a member of the crew; or

(b)the offence is one involving the tranquillity or safety of the territory or territorial waters of the United Kingdom, or the law relating to safety of life at sea, public health, oil pollution, wireless telegraphy, immigration or customs; or

(c)the offence is one in respect of which the master of a ship belonging to the German Democratic Republic has given his consent to the institution of proceedings; or

(d)the offence is one punishable (on a first conviction) with imprisonment for a term that may extend to five years or with a more severe sentence.

5.  The German Democratic Republic is designated for the purposes of section 6 of the Consular Relations Act 1968 (which relates to detention on board ship for disciplinary offences).

N.E. Leigh

EXPLANATORY NOTE

This Order, which is made pursuant to the Consular Relations Act 1968, provides, in relation to ships and aircraft (other than ships of war and military aircraft) of the German Democratic Republic, for limiting the jurisdiction of the courts of the United Kingdom to entertain proceedings relating to the remuneration or any contract of service of the master or commander or a member of the crew. In relation to ships (other than ships of war) of the German Democratic Republic it also provides,

(i) for limiting the jurisdiction of such courts over offences committed on board by the master or a member of the crew;

(ii) for the detention on board of a member of the crew for a disciplinary offence to be treated as not unlawful except in certain cases.

It gives effect to the relevant provisions of the Consular Convention between the United Kingdom and the German Democratic Republic which was signed at Berlin on the 4th May 1976 (Cmnd. 6501).

(1)

Cmnd. 6501.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources