The Merchant Shipping Act 1979 (Guernsey) Order 1981

Statutory Instruments

1981 No. 1810

MERCHANT SHIPPING

The Merchant Shipping Act 1979 (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 47(1) of the Merchant Shipping Act 1979, 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 1979 (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.  Sections 21, 22, 49(1) and 50(1) and (2) of the Merchant Shipping Act 1979 shall, subject to the modifications specified in the Schedule to this Order, extend to Guernsey as part of the law there and shall apply to ships registered in Guernsey and to masters and seamen employed in the ships 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

SCHEDULE MODIFICATIONS IN THE EXTENSION OF SECTIONS 21, 22, 49(1) AND 50(1) AND (2) OF THE MERCHANT SHIPPING ACT 1979 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.  For section 21(2), there shall be substituted the following provision:—

“(2) In the preceding subsection, the expression ‘United Kingdom ship’ shall include a ship which—

(a) is registered in Guernsey; or

(b) is not registered under the law of any country but is wholly owned by persons each of whom is either a citizen of the United Kingdom and Colonies who is resident in Guernsey or a body corporate which is established under the law of Guernsey and has its principal place of business in Guernsey;

and the power conferred by the preceding subsection to make provision for giving effect to an agreement includes power to provide for the provision to come into force although the agreement has not come into force.”

EXPLANATORY NOTE

This Order extends, subject to the modifications specified in the Schedule thereto, sections 21, 22, 49(1) and 50(1) and (2) of the Merchant Shipping Act 1979 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 confer regulation-making powers on the Secretary of State for securing the safety of certain ships and persons on them and for protecting the health of those persons.