The Merchant Shipping (Safety Convention) (Guernsey) Order 1990

Statutory Instruments

1990 No. 2150

MERCHANT SHIPPING

The Merchant Shipping (Safety Convention) (Guernsey) Order 1990

Made

31st October 1990

Laid before Parliament

8th November 1990

Coming into force

1st December 1990

At the Court at Buckingham Palace, the 31st day of October 1990

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in pursuance of section 36(1) of the Merchant Shipping (Safety and Load Line Conventions) Act 1932(1), as extended by section 30 of the Merchant Shipping (Safety Convention) Act 1949(2) and section 1(b) of the Merchant Shipping Act 1964(3), 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 Merchant Shipping (Safety Convention) (Guernsey) Order 1990 and shall come into force on 1st December 1990.

2.  In this Order the expression “the Bailiwick” means the Bailiwick of Guernsey and the territorial waters adjacent thereto.

3.  It is hereby directed that the provisions of—

(a) sections 3, 28 and 37 of the Merchant Shipping (Safety Convention) Act 1949(4), and

(b) sections 10(1) and 19(2) and (3) of the Merchant Shipping Act 1964,

shall extend to the Bailiwick with the exceptions, adaptations and modifications specified in the Schedule to this Order.

G I de Deney

Clerk of the Privy Council

Article 3

SCHEDULE EXCEPTIONS, ADAPTATIONS AND MODIFICATIONS IN THE EXTEN-SION OF PROVISIONS OF THE MERCHANT SHIPPING (SAFETY CON-VENTION) ACT 1949 AND THE MERCHANT SHIPPING ACT 1964 TO THE BAILIWICK OF GUERNSEY

1.  Any reference to an enactment shall be construed, unless the contrary intention appears, as a reference to that enactment as it has effect in the Bailiwick.

2.—(1) Section 3 of the Merchant Shipping (Safety Convention) Act 1949 shall be modified in accordance with the following provisions of this paragraph.

(2) In subsection (2), for the words—

(a) in paragraph (a), “United Kingdom”, and

(b) in paragraph (b), “United Kingdom or the territorial waters thereof”,

there shall be substituted the word “Bailiwick”.

(3) In subsection (6), for the words “United Kingdom” there shall be substituted the word “Bailiwick”.

(4) At the end there shall be added the following subsections:

“(7) In this section, “radio navigational aid” means radio apparatus on board a ship being apparatus designed for the purpose of determining the position or direction of ships or other objects.

(8) Rules made under this section shall not have effect until registered in the Royal Court of Guernsey.”.

3.  In section 37 of that Act of 1949, subsection (1) shall be omitted.

Explanatory Note

(This note is not part of the Order)

This Order extends to the Bailiwick of Guernsey, with the exceptions, adaptations and modifications specified in the Schedule, certain provisions of the Merchant Shipping (Safety Convention) Act 1949 and the Merchant Shipping Act 1964.

Those provisions enable Rules to be made requiring ships to be provided with the prescribed radio equipment.

(1)

1932 c. 9

(2)

1949 c. 43

(3)

1964 c. 47

(4)

Section 3 was substituted by section 85(1) of and Schedule 1 to the Merchant Shipping Act 1970 (c. 36) and amended by the Merchant Shipping (Modification of Merchant Shipping (Safety Convention) Act 1949 and Merchant Shipping Act 1964) Regulations 1980 (S.I. 1980/539), Schedule 6 to the Merchant Shipping Act 1979 (c. 39) and sections 46 and 49 of the Criminal Justice Act 1982 (c. 48)