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Statutory Instruments

1991 No. 1367

MERCHANT SHIPPING

The Merchant Shipping Act 1988 (unregistered Ships) Regulations 1991

Made

12th June 1991

Laid before Parliament

17th June 1991

Coming into force

8th July 1991

The Secretary of State for Transport, in exercise of powers conferred on him by section 50 of the Merchant Shipping Act 1988(1) and of all other powers enabling him in that behalf, hereby makes the following Regulations:—

1.  These Regulations may be cited as the Merchant Shipping Act 1988 (Unregistered Ships) Regulations 1991 and shall come into force on 8th July 1991.

2.  It is hereby directed that sections 30 and 31 of the Merchant Shipping Act 1988 shall extend to ships of the following descriptions, that is to say, ships—

(i)which are wholly owned by persons resident in, or by a body corporate having a principal place of business in, the United Kingdom; and

(ii)which are entitled to be registered in the United Kingdom under the Merchant Shipping Act 1894(2) or under Part II of the Merchant Shipping Act 1988 but are not registered, whether in the United Kingdom or elsewhere.

3.—(1) It is hereby directed that, in the circumstances specified in paragraph (2) below, section 31 of the Merchant Shipping Act 1988 shall extend to ships of the following description, that is to say, ships

(i)which are not wholly owned by a persons resident in, or by a body corporate having a principal place of business in, the United Kingdom; and

(ii)which are not registered in the United Kingdom or elsewhere.

(2) The specified circumstances are when the shipis within the seaward limits of the territorial sea of the United Kingdom while proceeding to or from a port in the United Kingdom unless the ship would not be so proceeding but for weather conditions or any other unavoidable reason, or, being a fishing vessel, while fishing within such limits.

Signed by authority of the Secretary of State for Transport

Brabazon of Tara

Minister of State,

Department of Transport

12th June 1991

Explanatory Note

(This note is not part of the Regulations)

(These Regulations extend sections 30 (owner and master liable in respect of dangerously unsafe ship) and 31 (owner liable for unsafe operation of ship) of the Merchant Shipping Act 1988 to certain unregistered ships.