The Hovercraft (Application of Enactments) Order 1989

(1)  For section 55(1) substitute the following subsections (1) and (2), and accordingly renumber subsections (1A) and (2) as (3) and (4):

“(1) Subject to subsection (2) below, where any of the following casualties has occurred, that is to say when a hovercraft—

(a) has sustained, caused or been involved in any accident occasioning loss of life or any serious injury to any person;

(b) becomes lost, abandoned, missing or stranded;

(c) suffers such damage as the result of any accident that its safety is impaired;

(d) becomes involved in a collision with another hovercraft or a ship; or

(e) causes any damage;

the Secretary of State—

(i) may cause a preliminary inquiry into the casualty to be held by a person appointed for the purpose by the Secretary of State; and

(ii) may (whether or not a preliminary inquiry into the casualty has been held) cause a formal investigation into the casualty to be held, if in England, Wales or Northern Ireland, by a wreck commissioner and, if in Scotland, by the sheriff.

(2) Subsection (1) above only applies if—

(a) the occurrence took place—

(i) on or over the sea or other navigable water; or

(ii) between the time when any person goes on board the hovercraft for the purpose of making a journey which would involve crossing the sea or other navigable water and the time when it comes to rest at the end of such a journey; or

(iii) during the testing or maintenance of a hovercraft which normally makes a journey on or over the sea or other navigable water; and also only

(b) if at the time the occurrence took place the hovercraft—

(i) was registered in the United Kingdom or

(ii) was operating unregistered in accordance with any provisions of any Order for the time being in force made under section 1(1)(a) of the Hovercraft Act 1968, or

(iii) was within the United Kingdom or United Kingdom territorial waters, or

(iv) was not registered under the law of any country but was owned by persons any one of whom is ordinarily resident, or being a company has its principal place of business in the United Kingdom.”.