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Statutory Instruments
MERCHANT SHIPPING
Made
12th June 1991
Laid before Parliament
17th June 1991
Coming into force
8th July 1991
The Secretary of State for Transport, after consulting with the organisations referred to in section 99(2) of the Merchant Shipping Act 1970(1), in exercise of the powers conferred by section 92 of that Act, and now vested in him(2), and of all other powers enabling him in that behalf, hereby makes the following Regulations:-
1.-(1) These Regulations may be cited as the Merchant Shipping Act 1970 (Unregistered Fishing Vessels) Regulations 1991 and shall come into force on 8th July 1991.
(2) The Merchant Shipping (Unregistered Fishing Vessels) Regulations 1972(3) are hereby revoked.
2. It is hereby directed that-
(a)the provisions of the Merchant Shipping Act 1970 specified in column 1 of Part I of the Schedule to these Regulations; and
(b)the provisions of the Regulations made under that Act specified in column 1 of Part II of the Schedule;
shall extend to ships of the following descriptions, that is to say, sea-going fishing vessels-
(i)which are to be treated as British owned within the meaning of section 14 of the Merchant Shipping Act 1988(4) ; and
(ii)which are eligible to be registered under Part II of the Merchant Shipping Act 1988 but are not registered, whether in the United Kingdom or elsewhere;
and to masters and seamen employed in them, with such exceptions, adaptations or modifications (if any) as are specified in column 2 of that Schedule.
3.-(1) It is hereby directed that section 27 of the Merchant Shipping Act 1970(5) shall extend to ships of the following description, that is to say sea-going fishing vessels-
(i)which are to be treated as British owned within the meaning of section 14 of the Merchant Shipping Act 1988 and
(ii)which are eligible to be registered under Part II of the Merchant Shipping Act 1988 but are not registered, whether in the United Kingdom or elsewhere ;
and to masters and seamen emplyed in them.
(2) It is hereby directed that the said section 27 shall apply to sea-going fishing vessels which are not registered, whether in the United Kingdom or elsewhere, not falling within paragraph (1) above, and to masters and seamen employed in them, when such ships are within the seaward limits of the territorial sea of the United Kingdom while proceeding to or from a port in the United Kingdom or while fishing within such limits.
Signed by the Authority of the Secretary of State for Transport
Brabazon of Tara
Minister of State,
Department of Transport
12th June 1991
Regulation 2
Column 1 | Column 2 |
---|---|
Provision of the Merchant Shipping Act 1970 | Exception, adaptation or modification to which extension is subject |
Sections 1 to 4. | |
Section 5. | Subject to the modification that, for the reference to a ship ceasing to be registered in the United Kingdom, there shall be substituted a reference to its ceasing to be registered under Part II of the Merchant Shipping Act 1988. |
Sections 9 to 14. | |
Section 22. | |
Sections 25 and 26. | |
Section 28. | |
Section 30. | |
Section 33. | |
Sections 39 to 42. | |
Section 48. | |
Sections 61 to 64. | |
Sections 67 to 69. | |
Section 74. | |
Sections 76 to 79. | |
Section 95. | |
Schedule 2, paragraph 1 and Part II. |
Column 1 | Column 2 |
---|---|
Regulations made under the Merchant Shipping Act 1970 | Exception, adaptation or modification to which extension is subject |
The Merchant Shipping (Crew Agreements, Lists of Crew and Discharge of seamen) (Fishing Vessels) Regulations 1972(6). | |
The Merchant Shipping (Seamen's Wages and Accounts) (Fishing Vessels) Regulations 1972(7). | |
The Merchant Shipping (Seamen's Wages) (Contributions) Regulations 1972(8). | |
The Merchant Shipping (Seamen's Allotments) Regulations 1972(9). | |
The Merchant Shipping (Repatriation) regulations 1979(10). | |
The Merchant Shipping (Official Log Books) (Fishing Vessels) Regulations 1981(11). |
(This note is not part of the Regulations)
These Regulations replace the Merchant Shipping (Unregistered Fishing Vessels) Regulations 1972, as a consequence of the changes in the system of registration of fishing vessels made by the Merchant Shipping Act 1988.
These Regulations still declare that the provisions of the Merchant Shipping Act 1970 and of Regulations made thereunder specified in the Schedule shall extend to the fishing vessels, which are not registered in the United Kingdom or elsewhere, described in regulation 2. Section 27 of the 1970 Act (conduct endangering ships, structures or individuals), a new text for which was substituted by the 1988 Act, is applied to all unregistered fishing vessels, regardless of the nationality of their owners.
1970 c. 36.; section 92 was amended by the Merchant Shipping Act 1988 (c. 12), Schedule 5.
SeeS.I. 1970/1537.
S.I. 1972/1877.
Section 27 was substituted by section 32 of the Merchant Shipping Act 1988.
S.I. 1972/919, to which there is an amendment not relevant to these Regulations.
S.I. 1972/1701, to which there is an amendment not relevant to these Regulations.
S.I. 1972/1699.
S.I. 1972/1698.
S.I. 1979/97.
S.I. 1981/570.