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The Hovercraft (Application of Enactments) (Amendment) Order 1983

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Statutory Instruments

1983 No. 769

HOVERCRAFT

The Hovercraft (Application of Enactments) (Amendment) Order 1983

Laid before Parliament in draft

Made

18th May 1983

Coming into Operation

1st June 1983

At the Court at Buckingham Palace the 18th day of May 1983

Present,

The Queen's Most Excellent Majesty in Council

Whereas a draft of this Order has been laid before Parliament and has been approved by a resolution of each House of Parliament in accordance with section 1(4) of the Hovercraft Act 1968(1):

Now, therefore, Her Majesty, in exercise of the powers conferred upon Her by section 1(1)(h) and (k) and by section 1(3)(g) of the Hovercraft Act 1968, and of all other powers enabling Her in that behalf, 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 Hovercraft (Application of Enactments) (Amendment) Order 1983 and shall come into operation on 1st June 1983.

2.  The Hovercraft (Application of Enactments) (Amendment) Order 1977 is hereby revoked.

3.  Schedule 1 to the Hovercraft (Application of Enactments) Order 1972(2) shall be amended as follows:

(a)in Part A of Schedule 1—

(i)in the provisions relating to the Merchant Shipping Act 1894, “418, 419,” shall be deleted; and

(ii)in the provisions relating to the Merchant Shipping (Safety Convention) Act 1949, sections 21 to 23, there shall be inserted in column 3 “section 21 shall have effect as amended by the Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1983”;

(b)for the provisions in columns 1, 2 and 3 of Part B of Schedule 1 relating to the Collision Regulations and Distress Signals Order 1977 there shall be substituted the following:

Column 1Column 2Column 3
Instruments appliedReferencesModifications in relation to hovercraft or activities or places connected therewith (if any)
“The Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1983S.I. 1983/708(1) In Regulation 1(2)(a) there shall be substituted for the definition of “United Kingdom Vessel” the following definition:
United Kingdom hovercraft” means a hovercraft which—
(i) is registered in the United Kingdom or
(ii) is not registered under the law of any country but is owned by persons any one of whom is ordinarily resident in the United Kingdom or is a body incorporated in the United Kingdom having its principal place of business in the United Kingdom or a firm carrying on business in Scotland; and in this sub-paragraph “firmhas the same meaning as in the Partnership Act 1890(3) .
(2) In regulation 2 for the words from “vessels” (where it first appears) onwards there shall be substituted “hovercraft wherever they may be and to other hovercraft while they are within the United Kingdom or the territorial waters thereof.”
The Mersey Channel (Collision Rules) Order 1978, as amended by the Mersey Channel (Collision Rules) (Amendment) Order 1983S.I. 1978/1914
S.I. 1983/770
The River Hull (Navigation) Rules Order 1957, as amended by the River Hull (Navigation) Rules (Amendment) Order 1978 and as further amended by the River Hull (Navigation) Rules (Amendment No. 2) Order 1983S.I. 1957/2051
S.I. 1978/1062 S.I. 1983/771.

4.  The Collision Regulations and Distress Signals Order 1977, the Collision Regulations and Distress Signals (Amendment) Order 1977 and the Safety (Collision Regulations and Distress Signals) Regulations 1979, in their application to hovercraft, are hereby revoked.

N.E. Leigh

Clerk of the Privy Council

EXPLANATORY NOTE

This Order amends the Hovercraft (Application of Enactments) Order 1972, as amended, by replacing the reference to the Collision Regulations and Distress Signals Order 1977 in the list of instruments relating to vessels applied to hovercraft in Part B of Schedule 1 thereof by a reference to the Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1983 (with modifications); by adding to that list references to the Mersey Channel (Collision Rules) Order 1978, as amended and the River Hull (Navigation) Rules Order 1957, as amended; and by including in the reference to sections 21 to 23 of the Merchant Shipping (Safety Convention) Act 1949 (c. 43) in the list of enactments relating to vessels applied to hovercraft in Part A of Schedule 1 thereof a reference to section 21 of that Act, as amended by the Regulations of 1983. Sections 418 and 419 of the Merchant Shipping Act 1894 (c. 60) (which relate to collision regulations) are no longer applied to hovercraft.

The Regulations of 1983 are applied to United Kingdom hovercraft whether registered or not wherever they may be, and to other hovercraft while they are within the United Kingdom or the territorial waters thereof.

(1)

section 48 of the Merchant Shipping Act 1979 (c. 39) added the 1979 Act and instruments made thereunder to the provisions which may be applied to hovercraft under s.1(1)(h) of the Hovercraft Act 1968.

(2)

relevant amending instruments are S.I. 1977/1257, 1978/1913.

(3)

1890 c. 39.

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