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Statutory Instruments
1988 No. 1907 (C.71)
MERCHANT SHIPPING
The Merchant Shipping Act 1988 (Commencement No. 2) Order 1988
Made
2nd November 1988
The Secretary of State for Transport, in exercise of powers conferred on him by section 58(2) of the Merchant Shipping Act 1988(1) hereby makes the following Order:-
1. This Order may be cited as the Merchant Shipping Act 1988 (Commencement No. 2) Order 1988.
2. The provisions of the Merchant Shipping Act 1988 specified in the first column of the Schedule to this Order (which relate to the matters specified in the second column of that Schedule) shall come into force on 1st December 1988.
Signed by authority of the Secretary of State
Michael Portillo
Minister of State
Department of Transport
2nd November 1988
SCHEDULEPROVISIONS COMING INTO FORCE ON 1ST DECEMBER 1988
| Provisions of the Act | Subject matter of provisions |
|---|---|
| Section 4(6) | Fishing vessels not to be registered under Part I of the Merchant Shipping Act 1894 |
| Section 54 so far as it relates to notices under Part II of the Act | Services of documents |
| Section 57(4) so far as it relates to the provisions of Schedule 6 set out below in this Schedule | Consequential amendments |
| Section 57(5) so far as it brings into effect the provisions of Schedule 7 set out below in this Schedule | Repeals |
| Section 58(4) except so far as it relates to paragraphs 2 and 5 of Schedule 8 | Transitional provisions and savings |
| In Schedule 6:- | Minor and consequential amendments |
| The entry for the Sea Fisheries Act 1868 | Fishing vessels to have official papers |
| The entry for the Contracts Employment and Redundancy Payments Act (Northern Ireland) 1965 | Excluded categories of employees |
| The entry for the Sea Fish (Conservation) Act 1967 | Size limits, etc for fish |
| The entry for the Sea Fisheries Act 1968 | Definition of "British fishing boat" |
| The entry for the Fishing Vessels (Safety Provisions) Act 1970 | Definition of "fishing vessel" |
| The entry for the Merchant Shipping Act 1970 so far as it is not already in force | Application of the Act to fishing vessels |
| The entry for the Fishery Limits Act 1976 | Definition of "foreign fishing boat" |
| The entry for the Employment Protection (Consolidation) Act 1978 | Mariners |
| The entry for the Customs and Excise Management Act 1979 | Power to regulate small craft |
| The entry for the British Fishing Boats Act 1983 | Definition of "British fishing boat" |
| Sub-paragraph (b) of paragraph 1 of the entry for the Merchant Shipping Act 1983 | Definition of "fishing vessel" |
| The entry for the Inshore Fishing (Scotland) Act 1984 | Definition of "British fishing boat" |
| The entry for the Safety at Sea Act 1986 | Definition of "fishing vessel" |
| Schedule 7 so far as it relates to the repeals set out in the Appendix to this Schedule | Enactments repealed |
| In Schedule 8 paragraph 4 | Operation of section 4(6) of the Act |
APPENDIXRepeals taking effect on 1st December 1988
| Chapter | Short Title | Extent of Repeal |
|---|---|---|
| 1886 c. 53. | Sea Fishing Boats (Scotland) Act 1986. | The whole Act. |
| 1894 c. 60. | Merchant Shipping Act 1894. | Sections 370 and 372 to 374. |
| 1968 c. 77. | Sea Fisheries Act 1968. | In Schedule 1, paragraphs 23, 32 and 33. |
| 1976 c. 86. | Fishery Limits Act 1976. | Section 2(8)(b). In Schedule 2, paragraph 3. |
| 1983 c. 8. | British Fishing Boats Act 1983 | Section 11(2). |
| 1984 c. 26. | Inshore Fishing (Scotland) Act 1984. | In Schedule 1, the entry relating |
Explanatory Note
(This note is not part of the Order)
By virtue of section 58(3) of the Merchant Shipping Act 1988, Part II thereof comes into force when the Merchant Shipping (Registration of Fishing Vessels) Regulations 1988 (S.I. 1988/1926) come into force which is on 1st December 1988. This Order brings into force on the same date related provisions of the Act which are set out in the Schedule to the Order. It also effects the repeals set out in the Appendix to the Schedule which are consequential on the coming into force of Part II.
Note as to Earlier Commencement Orders
(This note is not part of the Order)
The following provisions of the Act were brought into force on 4th July by an earlier commencement order, S.I. No. 1988/1010.
Provisions of the Act
Section 11
Section 26
Sections 28 and 29
Section 30
Sections 31 to 33
Section 35 to 47
Section 48 and Schedule 5 partially
Section 49 to 51
Section 53
Sections 55 and 56
Section 57 partially
Section 58
Schedule 5 partially
Schedule 6 partially
Schedule 7 partially
In Schedule 8, paragraphs 1 and 3