The Hovercraft (Application of Enactments) Order 1972

Made: 28th June 1972

Laid before Parliament: 4th July 1972

Coming into Operation: 12th July 1972

At the Court at Buckingham Palace, the 28th day of June 1972

Present,

The Queen's Most Excellent Majesty in Council

Whereas a draft of this Order has been laid before Parliament and has been approved by a resolution of each House of Parliament in accordance with section 1(4) of the Hovercraft Act 1968:

Now, therefore, Her Majesty, in exercise of the powers conferred upon Her by section 1(1)(h) and (j) and by section 1(3) of the Hovercraft Act 1968, and of all other powers enabling Her in that behalf, 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 Hovercraft (Application of Enactments) Order 1972 and shall come into operation 14 days after the date of making.

Application

2

This Order applies to hovercraft which are used—

• (i) wholly or partly on or over the sea or navigable waters; or

• (ii) on or over land to which the public have access or non-navigable waters to which the public have access; or

• (iii) elsewhere for the carriage of passengers for reward:

Provided that this Order shall not:

• (a) apply to hovertrains; nor

• (b) prejudice the operation of section 19 of the Road Traffic Act 1962.

Interpretation

3

• (1) In this Order, unless the context otherwise requires—

• “Captain” means the person who is designated by the operator to be in charge of a hovercraft during any journey, or, failing such designation, the person who is for the time being lawfully in charge of the hovercraft;

• “Hovertrains” means hovercraft which are at all times guided by tracks, rails or guides fixed to the ground;

• “Navigable water” means any water which is in fact navigable by ships or vessels, whether or not the tide ebbs and flows there, and whether or not there is a public right of navigation in that water;

• (2) The Interpretation Act 1889 shall apply to the interpretation of this Order as it applies to the interpretation of an Act of Parliament.

Application to hovercraft of enactments and instruments relating to vessels

4

The enactments mentioned in column 1 of Part A of Schedule 1 to this Order, and the statutory instruments mentioned in column 1 of Part B of Schedule 1 to this Order, shall have effect as if any reference therein in whatever terms to ships, vessels or boats or activities or places connected therewith included a reference to hovercraft or activities or places connected with hovercraft, subject to the modifications (if any) contained in column 3 of Parts A and B respectively.

Application to hovercraft of enactments and instruments relating to aircraft

5

The enactments mentioned in column 1 of Part A of Schedule 2 to this Order and the statutory instruments mentioned in column 1 of Part B of Schedule 2 to this Order shall have effect as if any reference therein in whatever terms to aircraft or activities or places connected therewith included a reference to hovercraft or activities or places connected with hovercraft, subject to the modifications (if any) contained in column 3 of Parts A and B respectively.

Application to hovercraft of enactments and instruments relating to motor vehicles

6

The enactments mentioned in column 1 of Part A of Schedule 3 to this Order, and the statutory instruments mentioned in column 1 of Part B of Schedule 3 to this Order, shall have effect as if any reference therein in whatever terms to motor vehicles or activities or places connected therewith included a reference to hovercraft or activities or places connected with hovercraft, subject to the modifications (if any) contained in column 3 of Parts A and B respectively.

Insurance

7

• (1) The Insurance Companies Acts 1958 to 1967[^f00001] shall have effect as if any reference therein to “vessels or aircraft” included a reference to hovercraft.

• (2) Section 94 of the Companies Act 1967 shall have effect as if there were added to section 94 the following sub-section—

(7) For the purposes of this Part of this Act, the business of effecting and carrying out contracts of insurance against loss of, or damage to, or arising out of or in connection with the use of, hovercraft, inclusive of third-party risks but exclusive of transit risks, if carried on by a person who at the same time carries on motor vehicle insurance business but does not otherwise carry on marine, aviation and transport business, shall be taken to be motor vehicle insurance business

Wreck, salvage and distress

8

• (1) The following enactments and instruments shall have effect as if any reference therein, in whatever terms, to ships, vessels or boats, or activities or places connected therewith, included a reference to hovercraft, or activities or places connected with hovercraft, namely—

• (a) Sections 510 to 516, 518 to 537 and 544 to 571 of the Merchant Shipping Act 1894;

• (b) Section 72 of the Merchant Shipping Act 1906;

• (c) Sections 6 and 7 of the Maritime Conventions Act 1911;

• (d) Section 24 of the Merchant Shipping (Safety and Load Line Conventions) Act 1932;

• (e) Section 8 of the Crown Proceedings Act 1947;

• (f) The Merchant Shipping (Navigational Warnings) Rules 1965[^f00002];

• (g) The Merchant Shipping (Signals of Distress) Rules 1965[^f00003].

In relation to the above enactments, as so applied, the expression “wreck” (save and except in so far as relates to the claims of any Admiral, Vice-Admiral, Lord of the Manor, heritable proprietor duly infeft, or any person other than Her Majesty and Her Royal Successors to unclaimed wreck for his own use) shall include any hovercraft or any part thereof or cargo thereof found sunk, stranded or abandoned in or on any navigable water, or on or over the foreshore, or place where the tide normally ebbs or flows.

• (2)

• (a) Sections 56 and 57 of the Harbours, Docks and Piers Clauses Act, 1847 as incorporated with any local or special Act, whenever passed, and the provisions relating to the same subject matters as those sections of any local or special Act for the time being in force, shall apply in relation to hovercraft as those provisions apply to vessels, and the expressions “wreck” and “vessel” in those sections shall be deemed to include wreckage of or from hovercraft, and hovercraft, respectively;

• (b) In the application in relation to hovercraft of the provisions of the said sections, the expressions “owner” shall mean the owner of the hovercraft at the time it was wrecked or laid by or neglected.

• (3) Any services rendered in assisting, or in saving life from, or in saving the cargo or apparel of, hovercraft in, on or over navigable water or on or over the foreshore or place where the tide normally ebbs and flows shall be deemed to be salvage services in all cases in which they would have been salvage services if they had been rendered in relation to a vessel; and where salvage services are rendered by hovercraft to any property or person, the owner and crew of the hovercraft shall be entitled to the same reward for those services as they would have been entitled to if the hovercraft had been a vessel.

The foregoing provisions of this sub-section shall have effect notwithstanding that the hovercraft concerned is not registered in the United Kingdom and notwithstanding that the services in question are rendered elsewhere than within the limits of the territorial waters adjacent to any part of Her Majesty's dominions.

Investigation of casualties

9

Part VI of the Merchant Shipping Act 1894 (Special Shipping Inquiries and Courts), s. 66 of the Merchant Shipping Act 1906 and the Shipping Casualties and Appeals and Re-hearings Rules 1923[^f00004] shall have effect as if references therein, in whatever terms, to ships or activities connected therewith included references to hovercraft or activities connected with hovercraft, subject to the modifications set out in Schedule 4 to this Order.

Nomenclature

10

• (1) There shall be substituted a reference to “hovercraft” for the reference to “hover vehicles” in the British Railways Acts 1966 and 1967.

• (2) The reference to machines designed or adapted for use in agriculture in the definition of “field machine” in the Agriculture (Field Machinery) Regulations 1962 shall be deemed to include a reference to hovercraft used for agricultural purposes.

• (3) For the reference in s. 13(4) of the Sea Fisheries (Shellfish) Act 1967 to “hover vehicle”, there shall be substituted a reference to “hovercraft”.

SCHEDULE 1 — APPLICATION TO HOVERCRAFT OF CERTAIN ENACTMENTS AND INSTRUMENTS RELATING TO VESSELS

PART A — Enactments applied, and modifications

PART B — Instruments applied, and modifications

SCHEDULE 2 — APPLICATION TO HOVERCRAFT OF CERTAIN ENACTMENTS AND INSTRUMENTS RELATING TO AIRCRAFT

PART A — Enactments applied and modifications

Column 1	Column 2	Column 3
Enactments applied	References	Modifications in relation to hovercraft or activities or places connected with hovercraft (if any)
The Civil Aviation Act 1949 sections 52 and 55 as amended by the Civil Aviation Act 1971.	1949 c. 67. 1971 c. 75.	(1) In section 52, subsections (1), (2) and (4) shall not apply. (2) In section 52, subsection (3) the words “when on the surface of the water” shall be omitted. (3) In section 52, subsection (5), paragraphs (c) and (d) shall not apply. (4) In section 55— (i) references to the “Air Register Book of Births and Deaths” shall be deemed to be references to “the Hovercraft Register Book of Births and Deaths”, and (ii) references to “aircraft registered in Great Britain and Northern Ireland” shall be deemed to include references (as well as to hovercraft registered in Great Britain and Northern Ireland) to hovercraft not so registered which carry passengers to or from any port in the United Kingdom. (iii) References to the Civil Aviation Authority substituted for “the Minister” by the Civil Aviation Act 1971 shall in relation to hovercraft be deemed to be references to the Secretary of State, and references to the Authority substituted as aforesaid for references to his Department shall be deemed to be references to the Department of Trade and Industry.
The Army Act 1955 sections 24(1)(h), 24(3), 36(2), 44(2) and (3), 46(aa) and (ab), 48(2), 49, 50, 177(2) and 198	1955 c. 18.
The Air Force Act 1955 sections 24(1)(h), 24(3), 36(2), 44(2) and (3), 46(b) and (c), 48(2), 49, 50, 172, 177(2) and 198	1955 c. 19.
The Licensing Act 1964 section 87	1964 c. 26.	In section 87— (i) In sub-section (1), for “the examination station approved for the airport under section 16 of the Customs and Excise Act 1952” there shall be substituted “the approved wharf approved for the hoverport under section 14 of the Customs and Excise Act 1952 as applied by section 10 of the Finance Act 1966”. (ii) In sub-section (2) “The Secretary of State” shall be substituted for the words from “This section” (where they first appear) to “Aviation”; and the words “and any order under the said Act of 1956”, shall be omitted. (iii) In sub-section (3), for “Minister” there shall be substituted “Secretary of State”. (iv) In sub-section (3), for “examination station” there shall be substituted “approved wharf”.
The Registration of Births, Deaths and Marriages (Scotland) Act 1965	1965 c. 49
The Tokyo Convention Act 1967	1967 c. 52	(1) For references to “flight” where they occur shall be substituted references to “journey”; and for references to “commander” wherever they occur there shall be substituted references to “captain”. (2) In section 1(2) the words in brackets shall be omitted; (3) In section 1(3) from “and section 62(1)” to the end shall be omitted; (4) In section 2 for “registered in a Convention country” there shall be substituted “registered in any country other than the United Kingdom”; (5) In section 3(5)(b)(ii) and 3(6)(b) “which is a Convention country” shall be omitted; (6) Section 4 shall not apply; (7) Section 5 shall not apply; (8) In section 6(1)(a) for sub-paragraphs (i) and (ii) there shall be substituted “an Order in Council made under the Hovercraft Act 1968”. (9) In section 6(1)(a) “or the Air Transport Licensing Board” shall be omitted. (10) Section 6(1)(b) and 6(2) shall not apply; (11) In section 7(1) the definitions of “commander” “Convention country”, “pilot in command”, and “Tokyo Convention” shall not apply. (12) In section 7(2)(a), for from “taking off” to the end there shall be substituted “moving off on a journey until the moment when the hovercraft comes to a halt at the end of that journey; and” (13) Section 7(4) and (5)(b) shall not apply; (14) Sections 8 and 9 and the Schedule shall not apply.
The Civil Aviation Act 1968 section 16	1968 c. 61.	In section 16(2)(b) the words “and rights under section 14 of this Act or under regulations made by virtue of section 7(2) of the Civil Aviation (Euro-control) Act 1962” shall not apply.
The Civil Aviation Act 1971 section 27	1971 c. 75.	In sub-section (2) references to “certificates of airworthiness to be granted or renewed in pursuance of the Air Navigation Orders” shall include references to any certificates to be granted or renewed in pursuance of Part II of the Hovercraft (General) Order 1972[^f00049].

PART B — Instruments applied

Column 1	Column 2	Column 3
Instruments applied	References	Modifications in relation to hovercraft or activities or places connected with hovercraft (if any)
The Destructive Pests and Diseases of Plants Order 1965	S.I. 1965/216 (1965 I, p. 510).
The Importation of Forest Trees (Prohibition) (Great Britain) Order 1965	S.I. 1965/2121 (1965 III, p. 6236)
The Destructive Pests and Diseases of Plants (Scotland) Order 1966	S.I. 1966/1533 (1966 III, p. 4353)
The Examination of Seed Potatoes (Scotland) Order 1970	S.I. 1970/1287 (1970 III, p. 4264)

SCHEDULE 3 — APPLICATION TO HOVERCRAFT OF CERTAIN ENACTMENTS AND INSTRUMENTS RELATING TO MOTOR VEHICLES

PART A — Enactments applied

Column 1	Column 2	Column 3
Enactments applied	References	Modifications in relation to hovercraft or activities or places connected therewith (if any)
The Army Act 1955 sections 47(b), 172, 173, 184(1)(b) and (c)	1955 c. 18.
The Air Force Act 1955 sections 47(b), 48(1), 173, 184(a), (b) and (e)	1955 c. 19.

PART B — Instruments applied

Column 1	Column 2	Column 3
Instruments applied	References	Modifications in relation to hovercraft or activities or places connected therewith (if any)
The Royal Botanic Gardens Kew Regulations 1957	S.I. 1957/710
The Wakehurst Place Regulations 1969	S.I. 1969/1000
The Agricultural Statistics (England and Wales) Regulations of 1948 as amended[^f00050]	S.R. & O. 1948/2294 (Rev. I, p. 583; 1948 I, p. 30).

SCHEDULE 4 — INVESTIGATION OF CASUALTIES

PART A — MODIFICATIONS OF PART VI OF THE MERCHANT SHIPPING ACT 1894

The following are modifications of Part VI of the Merchant Shipping Act 1894 referred to in Article 9 of this Order:—

• (1) For section 464 there shall be substituted—

For the purposes of inquiries and investigations under this Part of this Act, a hovercraft casualty shall be deemed to occur when a hovercraft— (a) has sustained, caused or been involved in any accident occasioning loss of life or any serious injury to any person; (b) becomes lost, abandoned, missing or stranded; (c) suffers such damage as the result of any accident that its safety is impaired; or (d) becomes involved in a collision with another hovercraft or ship; but only when the occurrence takes place— (i) on or over the sea or other navigable water; or (ii) between the time when any person goes on board the hovercraft for the purpose of making a journey which would involve crossing the sea or other navigable water and the time when it comes to rest at the end of such a journey; or (iii) during the testing or maintenance of a hovercraft which normally makes journeys on or over the sea or other navigable water and also only if at the time the occurrence takes place, the hovercraft was registered in the United Kingdom or was operating unregistered in accordance with any provisions of any Order made under section 1(1)(a) of the Hovercraft Act 1968 or was within the United Kingdom or United Kingdom territorial waters.

• (2) For section 465 there shall be substituted—

(1) Where a hovercraft casualty has occurred a preliminary inquiry may be held respecting the casualty by a person appointed for the purpose by the Secretary of State. (2) A person appointed under this section to hold a preliminary inquiry into a hovercraft casualty shall for the purpose of the inquiry have the powers conferred on an inspector by section 729 of this Act as if the reference therein to a ship were a reference to a hovercraft

• (3) For section 466(1) there shall be substituted—

The Secretary of State may cause a formal investigation to be held, if in England, Wales, or Northern Ireland, by a wreck commissioner, and in Scotland, by a sheriff, and any reference to the court holding an investigation under this section means a wreck commissioner or sheriff, as the case may be, holding such an investigation

• (4) Section 466(2) shall not apply.

• (5) For section 466(3) there shall be substituted—

The court holding any such formal investigation shall hold the same with the assistance of one or more assessors of nautical, engineering, hovercraft or other special skill or knowledge to be appointed by the Lord Chancellor

• (6) Section 466(4) and (5) shall not apply.

• (7) Section 467 to 474 shall not apply.

• (8) In section 475(1) the words “or an inquiry into the conduct of a master, mate or engineer” shall be omitted.

• (9) Section 475(3) shall not apply.

• (10) Section 476 shall not apply.

• (11) For section 477 there shall be substituted—

(1) The Lord Chancellor may appoint such number of persons as he thinks fit to be wreck commissioners and may remove any wreck commissioners appointed by him. (2) Before appointing a person as wreck commissioner in Northern Ireland, the Lord Chancellor shall consult the Lord Chief Justice of Northern Ireland

• (12) Section 478 shall not apply.

• (13) Sections 480–490 shall not apply.

• (14) For section 491 there shall be substituted—

There may be paid out of the money provided by Parliament to any wreck commissioner, sheriff, assessor in any court of investigation under this part of this Act, registrar of a court, or any other officer, or person appointed for the purpose of any court of investigation under this part of this Act, such salary or remuneration (if any) as the Treasury may direct

PART B — MODIFICATIONS OF THE SHIPPING CASUALTIES AND APPEALS AND RE-HEARINGS RULES 1923

The following are modifications of the Shipping Casualties and Appeals and Re-hearings Rules 1923 referred to in Article 9 of this Order:—

• (1) After the word “owner”, wherever it appears, there shall be added “or operator”.

• (2) Rule 1 shall not apply.

• (3) In Rule 2 the definition of “List of Assessors” shall be deleted and in the definition of judge the words “sheriff substitute, stipendiary magistrate, justices” shall be omitted.

• (4) In Rule 15 the words “Except where the certificate of an officer is cancelled or suspended in which case the decision shall always be given in open Court” shall be omitted.

• (5) In Rule 19 the words “other than an appeal under section 68 of the Merchant Shipping Act 1906” shall be omitted.

• (6) For Rule 20(e) there shall be substituted the following—

The Court of Appeal shall be assisted by not less than two suitably qualified or experienced persons to be selected by the Court who shall have regard to the nature of the case.

• (7) In Rule 21(a) the words “or 478” shall be omitted and after “1894” there shall be inserted the words “as applied by the Hovercraft (Application of Enactments) Order 1972”.

• (8) Rules 22 to 26 shall not apply.

• (9) Rules 30 and 31 shall not apply.

• (10) Part II of the Appendix shall not apply.

Signed

W.G. Agnew

Explanatory note

EXPLANATORY NOTE

This Order applies to hovercraft, with modifications, a number of enactments and instruments relating to ships, aircraft and motor vehicles. Amongst those relating to ships which are applied to hovercraft are Part VI of the Merchant Shipping Act 1894, which provides for the investigation of casualties, and the various enactments and instruments dealing with wreck, salvage and distress.

The Order also substitutes references to hovercraft in some enactments for references to hover vehicles.

Footnotes

[^f00001]: 1958 c. 72; 1967 c. 81.

[^f00002]: (1965 I, p. 2560).

[^f00003]: (1965 II, p. 4526).

[^f00004]: (Rev. XIV, p. 657; 1923, p. 535).

[^f00005]: amended by 1944 c. 28, extended by 1963 c. 11.

[^f00006]: The amendment is not relevant to the subject matter of this Order.

[^f00007]: The relevant amending instrument is S.R. & O. 1927/399 (Rev. II, p. 259; 1927, p. 88).

[^f00008]: S.I. 1969/1444 (1969 III, p. 4661).

[^f00009]: S.I. 1969/1743, 1970/358, 441 (1969 III, p. 5473; 1970 I, p. 1275; 1970 I, p. 1514).

[^f00010]: The amendment is not relevant to the subject matter of this Order.

[^f00011]: The relevant amending instrument is S.R. & O. 1932/248 (Rev. II, p. 284; 1932 p. 107).

[^f00012]: The amendment is not relevant to the subject matter of this Order.

[^f00013]: The amendment is not relevant to the subject matter of this Order.

[^f00014]: The amendment is not relevant to the subject matter of this Order.

[^f00015]: S.I. 1956/101, 1969/1445 (1956 I, p. 175; 1969 III, p. 4667).

[^f00016]: The amendment is not relevant to the subject matter of this Order.

[^f00017]: The relevant amending instruments are S.I. 1952/586, 1959/1788, 1963/1102, 2150, 1967/790 (1952 III, p. 2627; 1959 II, p. 2207; 1963 II, p. 1866, III, p. 4799; 1967 II, p. 2317).

[^f00018]: The relevant amending instruments are S.I. 1954/923 and 1958/1083 (1954 I, p. 1434; 1958 II, p. 1669).

[^f00019]: The relevant amending instrument is S.I. 1956/420 (1956 II, p. 1754).

[^f00020]: The amendments are not relevant to the subject matter of this Order.

[^f00021]: The relevant amending instrument is S.I. 1958/1272 (1958 I, p. 167).

[^f00022]: The relevant amending instruments are S.I. 1960/2094, 1961/329, 1963/911, 1964/1089, 1966/37, 1967/606, 1793, 1805 (1960 I, p. 298; 1961 I, p. 520; 1963 II, p. 1541; 1964 II, p. 2409; 1966 I, p. 53; 1967 II, p. 1818; III, pp. 4795, 4817).

[^f00023]: The relevant amending instrument is S.I. 1963/2149 (1963 III, p. 4797).

[^f00024]: S.I. 1962/757, 1963/736, 1967/171 (1962 I, p. 752; 1963 I, p. 892; 1967 I, p. 281).

[^f00025]: S.I. 1964/1551 (1964 III, p. 3495).

[^f00026]: The amendment is not relevant to the subject matter of this Order.

[^f00027]: S.I. 1958/1284 (1958 I, p. 170).

[^f00028]: The amendment is not relevant to the subject matter of this Order.

[^f00029]: The amendment is not relevant to the subject matter of this Order.

[^f00030]: S.I. 1968/332 (1968 I, p. 969).

[^f00031]: The relevant amending instrument is S.I. 1967/594 (1967 I, p. 1801).

[^f00032]: S.I. 1971/1137 (1971 II, p. 3371).

[^f00033]: The amendment is not relevant to the subject matter of this Order.

[^f00034]: S.R. & O. 1907/1011.

[^f00035]: S.R. & O. 1927/38.

[^f00036]: S.R. & O. 1923/483 & S.R. & O. 1933/53.

[^f00037]: The amendment is not relevant to the subject matter of this Order.

[^f00038]: S.R. & O. 1927/97.

[^f00039]: S.R. & O. 1939/109.

[^f00040]: The amendment is not relevant to the subject matter of this Order.

[^f00041]: S.R. & O. 1932/115.

[^f00042]: The amendment is not relevant to the subject matter of this Order.

[^f00043]: The amendment is not relevant to the subject matter of this Order.

[^f00044]: S.R. & O. 1963/127; S.R. & O. 1958/204.

[^f00045]: The amendment is not relevant to the subject matter of this Order.

[^f00046]: S.R. & O. 1963/178.

[^f00047]: The amendment is not relevant to the subject matter of this Order.

[^f00048]: S.R. & O. 1971/8.

[^f00049]: (1972 I, 2182)

[^f00050]: S.I. 1953/1867, 1956/1102 (1956 I, p. 5; 1956 I, p. 65).