Merchant Shipping (Oil Pollution) (Jersey) Order 1997

JurisdictionUK Non-devolved
CitationSI 1997/2598

1997No. 2598

MERCHANT SHIPPING

The Merchant Shipping (Oil Pollution) (Jersey) Order 1997

30thOctober1997

1stDecember1997

At the Court at Buckingham Palace, the 30th day of October 1997

Present,

The Queen's Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by section 315(2) of the Merchant Shipping Act 1995 ( a) is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

Citation and commencement

1. This Order may be cited as the Merchant Shipping (Oil Pollution) (Jersey) Order 1997 and shall come into force on 1st December 1997.

Implementation of the Liability and Fund Conventions

2. Sections 152 to 170, 172 to 181, 277, 279, 281, 284, 308, 313 and 316 of, and Part I of Schedule 5 to, the Merchant Shipping Act 1995 ( b) shall, subject to the exceptions, adaptations and modifications specified in Schedule 1 to this Order, extend to Jersey and any instruments made, or to be made, under section 152(2), 157(2), 157(4), 163(1), 172(2) or 176(5) of that Act shall also extend to Jersey if registered in the Royal Court of Jersey and from the date of such registration.

Supplementary provision

3. After section 277 of the Merchant Shipping Act 1995, as extended to Jersey by virtue of article 2 above, there shall be inserted -

"277A. Accessories and abettors

Any person who knowingly or wilfully aids, abets, counsels, causes, procures or commands the commission of an offence under this Act shall be liable to be dealt with, tried and punished as a principal offender.".

Interpretation

4. In this Order, "Jersey" means the Bailiwick of Jersey.

(a) 1995 c. 21; the power in section 315(2) is extended by section 315(4) and "relevant British possession" is defined in section 313(1) to include the Bailiwick of Jersey.

(b) Section 158(2) was amended, and section 158(2A) was added, by the Merchant Shipping and Maritime Security Act 1997 (c. 28), Schedule 6, paragraph 4; section 170 was amended by that Act, Schedule 6, paragraph 5; and section 313 was amended by that Act, Schedule 6, paragraph 19.

Revocation and transitional provisions

5.-(1) Subject to paragraph (2) below, the Merchant Shipping Act 1974 (Jersey) Order 1975 ( c), the Merchant Shipping Act 1974 (Jersey) (Amendment) Order 1977 ( d) and the Merchant Shipping (Oil Pollution) Act 1971 (Jersey) Order 1981 ( e)are hereby revoked.

(2) The Merchant Shipping (Liability and Compensation for Oil Pollution Damage) (Transitional Provisions) Order 1996 ( f), shall, subject to the exceptions, adaptations and modifications specified in Schedule 2 to this Order, extend to Jersey.

N. H. Nicholls

Clerk of the Privy Council

SCHEDULE 1

Article 2

EXCEPTIONS, ADAPTATIONS AND MODIFICATIONS SUBJECT TO WHICH PROVISIONS OF THE MERCHANT SHIPPING ACT 1995 EXTEND TO JERSEY

1. In section 152(1), in the definition of "Liability Convention country", after "in force" add ", and includes the United Kingdom and any relevant British possession to which the Liability Convention has been extended".

2. In section 153 -

(a) in paragraphs (a), (b) and (c) of subsection (1), for "the United Kingdom" substitute "Jersey";(b) in paragraphs (a) and (b) of subsection (2), for "the United Kingdom" substitute "Jersey";(c) in subsection (5), for "the United Kingdom" substitute "Jersey";(d) in subsection (8), for the words from "The Law Reform (Contributory Negligence) Act 1945" to "1948" substitute "Article 6 of the Law Reform (Miscellaneous Provisions) (Jersey) Law 1960".

3. In section 154 -

(a) in paragraphs (a), (b) and (c) of subsection (1), for "the United Kingdom" substitute "Jersey";(b) in paragraphs (a) and (b) of subsection (2), for "the United Kingdom" substitute "Jersey";(c) in subsection (4), for the words from "the Law Reform (Contributory Negligence) Act 1945" to "1948" substitute "Article 6 of the Law Reform (Miscellaneous Provisions) (Jersey) Law 1960".

(c) S.I. 1975/2181.

(d) S.I. 1977/1242.

(e) S.I. 1981/434.

(f) S.I. 1996/1143.

4. In section 158 -

(a) in subsection (3)(b), after "the Treasury" insert "of the United Kingdom";(b) in subsection (5), for "section 185 or 186" substitute "section 17 or 18 of the Merchant Shipping Act 1979 as extended to Jersey by the Merchant Shipping Act 1979 (Jersey) Order 1980 ( g)";(c) in subsection (7), for "the United Kingdom" substitute "Jersey".

5. In section 159 -

(a) in subsection 1(b), omit "(or in Scotland, expenses)";(b) omit subsection (2).

6. In paragraph (b) of section 160, for "section 185 or 186" substitute "section 17 or 18 of the Merchant Shipping Act 1979 as extended to Jersey by the Merchant Shipping Act 1979 (Jersey) Order 1980".

7. In section 161, in the sidenote, for "United Kingdom" substitute "Jersey".

8. In section 162, for "the United Kingdom" substitute "Jersey".

9. In section 163 -

(a) in subsection (2), for "the United Kingdom" substitute "Jersey" (in two places) and for "United Kingdom ship" substitute "ship registered in Jersey";(b) in subsection (3)(a), for "United Kingdom ship" substitute "ship registered in Jersey" and for "Secretary of State" substitute "Committee";(c) in subsection (3)(b), for "The United Kingdom" substitute "Jersey";(d) in subsection 3(c), for "Secretary of State" substitute "Committee";(e) in subsection (4), for "any officer of customs and excise or of the Secretary of State and, if the ship is a United Kingdom ship, to any proper officer" substitute "the Agent of the Imports or any other officer of the Imports";(f) in subsection (5), for the words from "liable" onwards substitute "guilty of an offence and liable to a fine";

(g) S.I. 1980/570.

(g) in subsection (6), for "liable on summary conviction to a fine not exceeding level 4 on the standard scale" substitute "guilty of an offence and liable to a fine not exceeding level 3 on the standard scale";(h) in subsection (7), for "the United Kingdom" substitute "Jersey".

10. In section 164 -

(a) in the sidenote, for "Secretary of State" substitute "Committee";(b) in subsection (1), for "Secretary of State" substitute "Committee" and for "United Kingdom ship" substitute "ship registered in Jersey";(c) in subsection (2), for "Secretary of State" substitute "Committee";(d) in subsection (3), for "Secretary of State" substitute "the States";(e) in subsection (4), for "liable on summary conviction to a fine not exceeding level 4 on the standard scale" substitute "guilty of an offence and liable to a fine not exceeding level 3 on the standard scale";(f) for subsection (5) substitute -

"(5) The Committee shall send a copy of any certificate issued by it under this section in respect of a ship registered in Jersey to the Registrar of British Ships for Jersey, and the Registrar shall make the copy...

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