The Fishing Vessels (Safety Provisions) (Guernsey)Order 1990

Made: 31st October 1990

Laid before Parliament: 8th November 1990

Coming into force: 1st December 1990

At the Court at Buckingham Palace, the 31st day of October 1990 Present, The Queen’s Most Excellent Majesty in Council

Her Majesty, in pursuance of section 8 of the Fishing Vessels (Safety Provisions) Act 1970[^f00001] and section 94 of the Merchant Shipping Act 1970[^f00002], is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

1

This Order may be cited as the Fishing Vessels (Safety Provisions) (Guernsey) Order 1990 and shall come into force on 1st December 1990.

2

In this Order, the expression “the Bailiwick” means the Bailiwick of Guernsey and the territorial waters adjacent thereto.

3

It is hereby directed that the provisions of—

• (a) the Fishing Vessels (Safety Provisions) Act 1970[^f00003];

• (b) section 86 of the Merchant Shipping Act 1970[^f00004], and

• (c) Parts I, II, IV and V of and Schedules 1, 2, 3 and 25 to the Fishing Vessels (Safety Provisions) Rules 1975[^f00005],

shall extend to the Bailiwick as part of its law, with the exceptions, adaptations and modifications specified in the Schedule to this Order.

SCHEDULE — EXCEPTIONS, ADAPTATIONS AND MODIFICATIONS IN THE EXTENSION OF CERTAIN PROVISIONS TO THE BAILIWICK OF GUERNSEY

PART I — THE FISHING VESSELS (SAFETY PROVISIONS) ACT 1970

1

Any reference to an enactment shall be construed, unless the contrary intention appears, as a reference to that enactment as it has effect in the Bailiwick.

2

For the words “United Kingdom” wherever they occur there shall be substituted the word “Bailiwick”.

3

Except in sections 1(1)and 2(1), any reference to the Board of Trade shall be replaced by a reference to the States of Guernsey Board of Administration.

4

In section 2(2), for the words “Section 275 of the Merchant Shipping Act 1894”[^f00006] (there shall be substituted the words “Section 9 of the Merchant Shipping (Guernsey) Law 1915”.

5

In section 3(4), for the words “Sections 280 to 282 of the Merchant Shipping Act 1894” there shall be substituted the words “Sections 14 to 16 of the Merchant Shipping (Guernsey) Law 1915”.

6

In section 4—

• (a) in subsection (3), the words “of customs and excise or” shall be omitted, and

• (b) in subsection (4), for the words “section 460(2) of the Merchant Shipping Act 1894” there shall be substituted the words “section 43(2) of the Merchant Shipping (Guernsey) Law 1915”.

7

In section 6, the words “withthe consent of the Treasury” and the words from “and any such fee” to the end shall be omitted.

8

For section 7 there shall be substituted the following section:

(7) Regulations made under section 6 of this Act— (a) may make different provision for different cases and circumstances; (b) may provide for the determination of any fee in accordance with a specified scale or other specified factors; (c) may make provision as to the persons by and to whom, and the times at which, any fee is to be payable; (d) shall be laid before a meeting of the States as soon as possible after being made; and if at that meeting or their next meeting the States resolve that the regulations be annulled they shall cease to have effect, but without prejudice to anything done under them or to the making of new regulations; (e) may be varied or revoked by subsequent regulations so made.

9

Section 8 shall be omitted.

10

In section 9—

• (a) in the definition of “collision regulations”, for the words “section 418 of the Merchant Shipping Act 1894” there shall be substituted the words “section 21 of the Merchant Shipping Act 1979”[^f00007], and

• (b) in the definition of “the Merchant Shipping Acts”, after the words “the Merchant Shipping Act 1970” there shall be inserted the words “, the Merchant Shipping (Bailiwick of Guernsey) Laws 1915 to 1989”.

11

Section 10 shall be omitted.

12

In section 11, subsections (4) and (5) shall be omitted.

PART II — SECTION 86 OF THE MERCHANT SHIPPING ACT 1970

In subsection (1), for the words “United Kingdom” in both places where they occur there shall be substituted the word “Bailiwick”.

PART III — PARTS I, II, IV AND V OF AND SCHEDULES 1, 2, 3 AND 25 TO THE FISHING VESSELS (SAFETY PROVISIONS) RULES 1975

13

In Schedule 25, for the words “the Navy” wherever they occur there shall be substituted the words “Her Majesty’s Navy”.

Signed

G. I. de Deney — Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

This Order extends to the Bailiwick of Guernsey, with the exceptions, adaptations and modifications specified in the Schedule, the Fishing Vessels (Safety Provisions) Act 1970 and section 86 of the Merchant Shipping Act 1970 together with the Fishing Vessels (Safety Provisions) Rules 1975 made thereunder.

Footnotes

[^f00001]: 1970 c. 27.

[^f00002]: 1970 c. 36.

[^f00003]: Section 1(3) was repealed in part by section 28(6) of and Schedule 7 to the Merchant Shipping Act 1979 (c. 39); sections 1(4) and 4(2) were amended by section 43(2) of and Part V of Schedule 6 to the Act of 1979 and by section 49(1) of the Criminal Justice Act 1982 (c. 48); section 5(1) was amended by sections 38 and 46 of the Act of 1982; section 9(1) was amended by Schedule 6 to the Merchant Shipping Act 1988 (c. 12).

[^f00004]: Section 86(2) was amended by section 43(1) of and Part III of Schedule 6 to the Merchant Shipping Act 1979 and section 46 of the Criminal Justice Act 1982.

[^f00005]: S.I. 1975/330, as amended by S.I. 1976/432, 1977/313 and 1978/1598.

[^f00006]: 1894 c. 60.

[^f00007]: Section 21 was modified in its extension to the Bailiwick of Guernsey by S.I. 1981/1810.

[^f00008]: S.I. 1980/543, as amended by S.I. 1981/581.