1. This Order may be cited as the Consular Relations (Merchant Shipping and Civil Aviation) (Polish People's Republic) Order 1978. It shall come into operation on the date on which the Protocol between the United Kingdom of Great Britain and Northern Ireland and the Polish People's Republic(1) signed at London on the 16th day of December 1976, amending the Consular Convention(2) signed at London on the 23rd day of February 1967, enters into force. This date shall be notified in the London, Edinburgh and Belfast Gazettes.

2.-(1) For the purposes of Articles 4 and 5 of this Order and for the purposes of section 6 of the Consular Relations Act 1968 as applied by virtue of Article 6 of this Order a ship shall be treated as belonging to the Polish People's Republic if it is entitled to fly the flag of the Polish People's Republic.

(2) For the purposes of Article 4 of this Order an aircraft shall be treated as belonging to the Polish People's Republic if it is registered in the Polish People's Republic.

(3) Nothing in this Order shall apply to any ship of war or military aircraft.

(4) The Interpretation Act 1889 shall apply for the interpretation of this Order, and otherwise in relation thereto, as it applies for the interpretation of, and in relation to, an Act of Parliament.

3. The Consular Relations (Merchant Shipping and Civil Aviation) (Polish People's Republic) Order 1970 is hereby revoked.

4. Proceedings relating to the remuneration or any contract of service of the master or commander or a member of the crew of any ship or aircraft belonging to the Polish People's Republic shall not be entertained by any court in the United Kingdom unless a consular officer of the Polish People's Republic has been notified of the intention to invoke the jurisdiction of that court and has not objected within a period of two weeks from the date of such notification and a statement to that effect is included among the details on which the claim is based at the time when the proceedings are commenced.

5. Where an offence is alleged to have been committed on board any ship belonging to the Polish People's Republic by the master or a member of the crew, proceedings for the offence instituted otherwise than at the request or with the consent of a consular officer of the Polish People's Republic shall not be entertained by any court in the United Kingdom, unless:

(a)the offence is alleged to have been committed-

(i)by or against a person who is a citizen of the United Kingdom and Colonies, a British subject by virtue of sections 2, 13 or 16 of the British Nationality Act 1948 or the British Nationality Act 1965, or a British protected person within the meaning of the said Act of 1948; or

(ii)against a person other than the master or a member of the crew; or

(b)the offence is one involving the tranquillity or safety of the territory or territorial waters of the United Kingdom, or the law relating to safety of life at sea, public health, oil pollution, wireless telegraphy, immigration or customs; or

(c)the offence is one punishable (on a first conviction) with imprisonment for a term that may extend to five years or with a more severe sentence.

6. The Polish People's Republic is designated for the purposes of section 6 of the Consular Relations Act 1968 (which relates to detention on board ship for disciplinary offences).

EXPLANATORY NOTE

This Order, which is made pursuant to the Consular Relations Act 1968, provides, in relation to ships and aircraft (other than ships of war and military aircraft) of the Polish People's Republic, for limiting the jurisdiction of the courts of the United Kingdom to entertain proceedings relating to the remuneration or any contract of service of the master or commander or a member of the crew. In relation to ships (other than ships of war) of the Polish People's Republic it also provides,

(i) for limiting the jurisdiction of such courts over offences committed on board by the master or a member of the crew;

(ii) for the detention on board of a member of the crew for a disciplinary offence to be treated as not unlawful except in certain cases.

It gives effect to the relevant provisions of the Consular Convention between the United Kingdom and the Polish People's Republic signed at London on the 23rd February 1967 (Cmnd. 4790), as amended by the Protocol signed at London on the 16th December 1976 (Cmnd. 6740).