The Territorial Sea Act 1987 (Isle of Man) Order 1991

Statutory Instruments

1991 No. 1722

TERRITORIAL SEA

The Territorial Sea Act 1987 (Isle of Man) Order 1991

Made

24th July 1991

Coming into force

2nd September 1991

At the Court at Buckingham Palace, the 24th day of July 1991

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in pursuance of section 4(4) of the Territorial Sea Act 1987(1) 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 Territorial Sea Act 1987 (Isle of Man) Order 1991 and shall come into force on 2nd September 1991.

2.  The Territorial Sea Act 1987 shall extend to the Isle of Man with the exceptions, adaptations and modifications specified in the Schedule to this Order.

G.I. de Deney

Clerk of the Privy Council

Article 2

SCHEDULE EXCEPTIONS, ADAPTATIONS AND MODIFICATIONS IN THE EXTENSION OF THE TERRITORIAL SEA ACT 1987 TO THE ISLE OF MAN

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

2.  In section 1—

(a) in subsections (1)(a), (2), (5) and (6), for “United Kingdom” there shall be substituted “Isle of Man”;

(b) in subsection (1), there shall be added at the end of the following provision:

• “Provided that where the baselines from which the breadth of the territorial sea adjacent to the Isle of Man is measured are less than 24 nautical miles from the baselines from which the breadth of the territorial sea adjacent to the United Kingdom is measured the seaward limit of the territorial sea adjacent to the Isle of Man shall be the median line,”;

(c) in subsection (3), for “Secretary of State” there shall be substituted “Governor”;

(d) in subsection (4), for “coming into force of this section” there shall be substituted “extension of this section to the Isle of Man”;

(e) in subsections (5) and (6), after “enactment” there shall be inserted “contained in an Act Parliament”, and

(f) in subsection (7), after “section” there shall be inserted “‘median line’ is a line every point of which is is equidistant from the nearest points of the baselines from which the breadth of the territorial sea adjacent to the Isle of Man and the United Kingdom respectively is measured and”,

3.  In section 2—

(a) subsection (1) shall be omitted;

(b) for subsections (2) to (4) there shall be substituted the following subsections:

“(2) Nothing in section 1 above, or in any Order in Council under that section, shall affect the operation of any provision relating to sea fisheries made by or under any enactment contained in an Act of Parliament.

(3) Where any area which is not part of the territorial sea adjacent to the Isle of Man becomes part of that sea by virtue of section 1 above or an Order in Council under that section, any rights with respect to coal which were, immediately before the extension of this Act to the Isle of Man, vested in and exercisable by the British Coal Corporation by virtue of section 1(2) of the Continental Shelf Act 1964(2) shall continue to be so vested and exercisable after the date of that extension as if the area were not part of the territorial sea:

• Provided that those rights may be transferred to, or to a person nominated by, the Government of the Isle of Man on such terms as may be agreed between that Government and the British Coal Corporation or any successor in title to the British Coal Corporation.

(4) Nothing in section 1 above, or in any Order in Council made under that section, shall affect any licences granted under the Petroleum (Production) Act 1934(3) before the extension of this Act to the Isle of Man or the coming into force of that Order,”, and

(c) in subsection (5), the definitions of “harbour authority” and “port health authority” shall be omitted.

4.  Section 3 shall be omitted.

5.  In section 4, subsections (2) to (4) shall be omitted.

6.  Schedule 1 shall be omitted.

7.  In Schedule 2, the entries relating to the Customs and Excise Management Act 1979(4) and the Alcoholic Liquor Duties Act 1979(5) shall be omitted.

Explanatory Note

(This note is not part of the Order)

This Order extends the Territorial Sea Act to the 1987 to the Isle of Man with the exceptions, adaptations and modifications specified in the Schedule to the Order.

(1)

1987 c. 49.

(2)

1964 c. 29.

(3)

1934 c. 36, as extended by section 1(3) of the Continental Shelf Act 1964.

(4)

1979 c. 2.

(5)

1979 c. 4.