LegalizeThe Merchant Shipping Act 1988 (Commencement No. 3) Order 1989
Made: 7th March 1989
Now therefore the Secretary of State, in exercise of the powers conferred by section 58(2) and (4) of the Act hereby makes the following Order:—
1
This Order may be cited as the Merchant Shipping Act 1988 (CommencementNo. 3) Order 1989.
2
The provisions of the Act 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 April 1989.
3
Notwithstanding the coming into force of paragraph 2(b) of Schedule 1 to the Act (which amends section 7 of the Merchant Shipping Act 1894[^f00002] by the omission of subsection (2) thereof) the power of exemption given to the Secretary of State by that sub-section shall continue to have effect in relation to any class of ship in respect of which it was exercised immediately before 1st April 1989.
SCHEDULE — PROVISIONS COMING INTO FORCE ON 1ST APRIL 1989
| Provisions of the Act | Subject matter of provisions |
|---|---|
| Part I, to the extent that it is not already in force | Registration of British ships. |
| Section 52 | Disclosure of information to the Secretary of State by other government departments. |
| Section 54, to the extent that it is not already in force | Service of documents. |
| Section 57, subsection (4) so far as it relates to the provisions of Schedule 6 set out below, and subsection (5) so far as it relates to provisions of Schedule 7 set out below | Minor and consequential amendments, and repeals. |
| Section 58 (4), to the extent that it is not already in force | |
| Schedule 1 | Amendments of Part I of the Merchant Shipping Act 1894. |
| In Schedule 5 :— | |
| The entry for the Merchant Shipping Act 1906[^f00003] | Mortgages of ships sold to foreigners. |
| In Schedule 6:— | |
| The entry for the Merchant Shipping Act 1906 | Power of Commissioners to inquire into title of a registered ship. |
| The entry for the Merchant Shipping Act 1965[^f00004] | Tonnage Regulations. |
| The entries for the Merchant Shipping Act 1983[^f00005] | Small ships. |
| Schedule 7 so far as it relates to the repeals set out in the Appendix to this Schedule | Repeals. |
| In Schedule 8, paragraphs 2 and 5 | Transitional provisions. |
Signed
Signed by authority of the Secretary of State
Michael Portillo — Minister of State, — Department of Transport — 7th March 1989
Explanatory note
(This note is not part of the Order)
This Order brings into force on 1st April 1989 Part I of the Merchant Shipping Act 1988 together with the associated Schedule 1 (which amends Part I of the Merchant Shipping Act 1894), and consequential amendments and repeals in Schedules 5, 6, 7 and 8.
These provisions provide for a major revision of the system of registration of British merchant ships, and repeal the requirement under section 85 of the Merchant Shipping Act 1894 to levy dues on space occupied by deck cargo. The power to exempt from marking requirements (contained in section 7(2) of the Merchant Shipping Act 1894) is saved in relation to classes of ships in respect of which it has previously been exercised.
Footnotes
[^f00001]: 1988 c. 12.
[^f00002]: 1894 c. 60.
[^f00003]: 1906 c. 48.
[^f00004]: 1965 c. 47.
[^f00005]: 1983 c. 13.
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