Merchant Shipping (Oil Pollution and General Provisions) (Guernsey) Order 1998

JurisdictionUK Non-devolved
CitationSI 1998/260
Year1998

1998No. 260

MERCHANT SHIPPING

The Merchant Shipping (Oil Pollution and General

Provisions) (Guernsey) Order 1998

11thFebruary1998

11thMarch1998

At the Court at Buckingham Palace, the 11th day of February 1998

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 and General Provisions) (Guernsey) Order 1998 and shall come into force on 11th March 1998.

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 Guernsey, 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 Guernsey if registered in the Royal Court of Guernsey and from the date of such registration.

Supplementary provision

3. After section 277 of the Merchant Shipping Act of article 2 above, there shall be inserted-

"277A Accessories and abettors

Any person who-knowingly or wilfully 1995, as extended to Guernsey by virtue 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.".

(a) 1995 c. 21; the power in section 315(2) is extended by section 315(4), and by section 30(2)(a) of the Merchant Shipping and Maritime Security Act 1997 (c. 28); and "relevant British possession" is defined in section 313(1) to include the Bailiwick of Guernsey.

(b) Section 158(2) was amended, and section 158(2A) was added, by the Merchant Shipping and Maritime Security Act 1997, 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.

Interpretation

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

Revocation and transitional provisions

5.-(1) Subject to paragraph (2) below, the Merchant Shipping (Oil Pollution) Act 1971 (Guernsey) Order 1981 ( a) and the Merchant Shipping Act 1974 (Guernsey) Order 1981 ( b) are hereby revoked.

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

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 GUERNSEY

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 "Guernsey";(b) in paragraphs (a) and (b) of subsection (2), for "the United Kingdom" substitute "Guernsey";(c) in subsection (5), for "the United Kingdom" substitute "Guernsey";(d) in subsection (8), for the words from "The Law Reform (Contributory Negligence) Act 1945" to "1948" substitute "Part I of the Law Reform (Tort) (Guernsey) Law, 1979".

3. In section 154-

(a) in paragraphs (a), (b) and (c) of subsection (1), for "the United Kingdom" substitute "Guernsey";(b) in paragraphs (a) and (b) of subsection (2), for "the United Kingdom" substitute "Guernsey";(c) in subsection (4), for the words from "the Law Reform (Contributory Negligence) Act 1945" to "1948" substitute "Part I of the Law Reform (Tort) (Guernsey) Law, 1979".

4. In section 158-

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

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 Guernsey by the Merchant Shipping Act 1979 (Guernsey) Order 1980".

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

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

9. In section 163-

(a) in subsection (2), for "the United Kingdom" substitute "Guernsey" (in two places) and for "United Kingdom ship" substitute "ship registered in Guernsey";

(a) S.I. 1981/224.

(b) S.I. 1981/225.

(c) S.I. 1996/1143.

(d) S.I. 1980/569.

(b) in subsection (3)(a), for "United Kingdom ship" substitute "ship registered in Guernsey" and for "Secretary of State" substitute "Board";(c) in subsection (3)(b), for "the United Kingdom" substitute "Guernsey";(d) in subsection (3)(c), for "Secretary of State" substitute "Board";(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 Chief Officer of Customs and Excise or any other person authorised by the Board to act as an officer of Customs and Excise";(f) in subsection (6), for "standard scale" substitute "uniform scale";(g) in subsection (7), for "the United Kingdom" substitute "Guernsey".

10. In section 164-

(a) in the sidenote, for "Secretary of State" substitute "Board";(b) in subsection (1), for "Secretary of State" substitute "Board" (in two places) and for "United Kingdom ship" substitute "ship registered in Guernsey";(c) in subsection (2), for "Secretary of State" substitute "Board"; and for "he may" substitute "it may";(d) in subsection (3), for "Secretary of State" substitute "Board";(e) in subsection (4), for "standard scale" substitute "uniform scale";(f) for subsection (5) substitute-

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

11. For section 165 (5) substitute-

"(5) The Third Party (Guernsey) Law, 1936 shall not apply in relation to any contract of insurance to which such a...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT