2019 No. 1109

Merchant Shipping

The Merchant Shipping (Falkland Islands) (Amendment) Order 2019

Made

Laid before Parliament

Coming into force in accordance with article 1

At the Court at Buckingham Palace, the 10th day of July 2019

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred by section 315(3) of the Merchant Shipping Act 19951, is pleased by and with the advice of Her Privy Council, to order as follows:

Citation and commencement1

This Order may be cited as the Merchant Shipping (Falkland Islands) (Amendment) Order 2019 and comes into force on the same day as the Falkland Islands Maritime Ordinance 20172 comes into force.

Amendment of secondary legislation2

The Schedule (instruments to be amended) has effect.

Revocation3

The following instruments are revoked—

a

The Merchant Shipping (Confirmation of Legislation) (Falkland Islands) Order 19873.

b

The Merchant Shipping (Confirmation of Legislation) (Falkland Islands) Order 19894.

c

The Merchant Shipping (Confirmation of Legislation) (Falkland Islands) Order 19925.

d

The Merchant Shipping (Confirmation of Legislation) (Falkland Islands) Order 20036.

Richard TilbrookClerk of the Privy Council

SCHEDULEInstruments to be amended

Article 2

Amendment of the Shipowners’ Liability (Colonial Territories) Order in Council 19631

In the Shipowners’ Liability (Colonial Territories) Order in Council 19637, in Schedule 1 omit “Falkland Islands and Dependencies” and insert “South Georgia and the South Sandwich Islands” after “Saint Helena and Dependencies”.

Amendment of the Merchant Shipping (Tonnage) (Overseas Territories) Order 19712

In the Merchant Shipping (Tonnage) (Overseas Territories) Order 19718, in Schedule 2, omit “Falkland Islands (Colony and Dependencies)”.

Amendment of the Merchant Shipping Act 1979 (Falkland Islands) Order 19803

In the Merchant Shipping Act 1979 (Falkland Islands) Order 19809, in article 4, for “the Falkland Islands and its Dependencies” substitute “South Georgia and the South Sandwich Islands”.

Amendment of the Prevention of Oil Pollution (Shipping Casualties) (Overseas Territories) Order 19824

In the Prevention of Oil Pollution (Shipping Casualties) (Overseas Territories) Order 198210, in the Schedule, omit “Falkland Islands and Dependencies” and insert “South Georgia and the South Sandwich Islands” after “Pitcairn, Henderson, Ducie and Oeno Islands”.

Amendment of the Merchant Shipping (Tonnage) (Overseas Territories) Order 19885

In the Merchant Shipping (Tonnage) (Overseas Territories) Order 198811, in Schedule 1, omit “Falkland Islands”.

Amendment of the Merchant Shipping Act 1970 (Overseas Territories) Order 19886

1

The Merchant Shipping Act 1970 (Overseas Territories) Order 198812 is amended as follows.

2

In paragraph 14 of Schedule 1, omit the column headed “Falkland Islands”

3

In Schedule 2 omit “Falkland Islands”.

Amendment of the Merchant Shipping Act 1979 (Overseas Territories) Order 19897

In the Merchant Shipping Act 1979 (Overseas Territories) Order 198913, in Schedule 1 (territories) omit “Falkland Islands”.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends and revokes legislation which has been applied to the Falkland Islands through Orders in Council. The Order is being made because the Falkland Islands Government are bringing into force new legislation, the Falkland Islands Maritime Ordinance 2017 (“Maritime Ordinance”), to replace the provisions being revoked in article 3. The amendments being made by the provisions in the Schedule will ensure that the existing legislation will continue to apply to South Georgia and the South Sandwich Islands. The Order will come into force at the same time as the Maritime Ordinance.

The Maritime Ordinance can be accessed on the Falkland Islands Statute Law Database at https://www.legislation.gov.fk or on request from the Maritime & Coastguard Agency of Spring Place, 105 Commercial Road, Southampton SO15 1EG.

An impact assessment has not been produced for this instrument as no, or no significant impact on the private, voluntary or public sector is foreseen. An Explanatory Memorandum has been produced for this instrument and is published alongside this instrument at www.legislation.gov.uk.