Legislative reform

Ambulatory references to international shipping instruments
106
After section 306 of the Merchant Shipping Act 1995 insert—

Power to make ambulatory references to international instruments
306A
1
This section applies where—
a
a person has power under this Act to make subordinate legislation, and
b
the person proposes to exercise that power to make subordinate legislation which refers to an international instrument.
2
The power may be exercised so as to have the effect that the reference to the instrument is construed—
a
as a reference to the instrument as modified from time to time;
b
if the instrument is replaced by another instrument, as a reference to that other instrument.
3
For the purposes of subsection (2)(a), an instrument is modified if—
a
omissions, additions or other alterations to the text of the instrument take effect, or
b
supplementary provision made under the instrument takes effect.
4
In this section, provision included in subordinate legislation by virtue of subsection (2) is referred to as ambulatory provision.
5
Subordinate legislation which makes ambulatory provision may make provision as to—
a
when a modification of an international instrument is to be treated as taking effect for the purposes of subsection (2)(a) (read with subsection (3));
b
when an international instrument is to be treated as having been replaced by another instrument for the purposes of subsection (2)(b).
6
In this section—
a
“international instrument” means an international convention or treaty or an instrument made under such a convention or treaty except that “international instrument” does not include an EU instrument;
b
“subordinate legislation” has the same meaning as in the Interpretation Act 1978.