The Hovercraft (Application of Enactments) Order 1989

Citation, commencement and revocation

1.—(1) This Order may be cited as the Hovercraft (Application of Enactments) Order 1989 and shall come into force on the fourteenth day after the day on which it is made.

(2) Article 9 of, and Schedule 4 to, the Hovercraft (Application of Enactments) Order 1972(1) are revoked.

Inquiries and investigations into Hovercraft Casualties

2.  Sections 55 to 58 of the Merchant Shipping Act 1970(2) (inquiries and investigations into shipping casualties) and the Merchant Shipping (Formal Investigations) Rules 1985(3) shall apply in relation to hovercraft as they apply in relation to ships, and for that purpose shall have effect subject to the modifications respectively set out in Parts A and B of Schedule 1 to this Order.

Prevention of Pollution by Hovercraft

3.  The following provisions, that is to say—

• The Prevention of Oil Pollution Act 1971(4)

  • Sections 2(2A), (2B) and (4), 5, 7, 11, 20, 23, 24 and 30.

• The Merchant Shipping (Prevention of Oil Pollution Order 1983(5)

  • Articles 4, 5 and 6.

• The Merchant Shipping (Prevention of Oil Pollution) Regulations 1983(6)

  • Regulations 1 to 12, 14, 16, 25 and 32 to 34; Appendices II and IV of Schedule 1; Appendix 1 of Schedule 2; and Schedule 3.

• The Merchant Shipping (Reporting of Pollution Incidents) Regulations 1987(7)

  • The whole Regulations.

• The Merchant Shipping (Control of Pollution by Garbage) Regulations 1988(8)

  • The whole Regulations.

• The Merchant Shipping (Reception Facilities for Garbage) Regulations 1988(9)

  • The whole Regulations.

  shall apply in relation to hovercraft as they apply in relation to vessels and ships, and for that purpose shall have effect subject to the modifications—

  (a)

  that for any reference to a vessel or a ship, or to vessels or ships (except in the expression “sea-going ships” in section 2(2A) of the said Act of 1971) there shall respectively be substituted a reference to a hovercraft and to hovercraft; and

  (b)

  that the definition of “ship” in regulation 1 of each of the said Regulations is omitted;

  and to the further modifications respectively set out in Parts A, B and C of Schedule 2 to this Order.

Safety Regulations

4.  Sections 21 and 22 of the Merchant Shipping Act 1979(10) shall apply in relation to hovercraft as they apply in relation to ships, and for that purpose shall have effect subject to the modification that for any reference to a ship, or to ships, there shall respectively be substituted a reference to a hovercraft and to hovercraft.

G. I. de Deney

Clerk of the Privy Council.