The Merchant Shipping Act 1970 (Unregistered Fishing Vessels) Regulations 1991

Made: 12th June 1991

Laid before Parliament: 17th June 1991

Coming into force: 8th July 1991

The Secretary of State for Transport, after consulting with the organisations referred to in section 99(2) of the Merchant Shipping Act 1970[^f00001], in exercise of the powers conferred by section 92 of that Act, and now vested in him[^f00002], and of all other powers enabling him in that behalf, hereby makes the following Regulations:—

Citation, commencement and revocation

1

• (1) These Regulations may be cited as the Merchant Shipping Act 1970 (Unregistered Fishing Vessels) Regulations 1991 and shall come into force on 8th July 1991.

• (2) The Merchant Shipping (Unregistered Fishing Vessels) Regulations 1972[^f00003] are hereby revoked.

Extension to fishing vessels to be registered

2

It is hereby directed that—

• (a) the provisions of the Merchant Shipping Act 1970 specified in column 1 of Part I of the Schedule to these Regulations; and

• (b) the provisions of the Regulations made under that Act specified in column 1 of Part II of the Schedule;

shall extend to ships of the following descriptions, that is to say, sea-going fishing vessels—

• (i) which are to be treated as British owned within the meaning of section 14 of the Merchant Shipping Act 1988[^f00004] ; and

• (ii) which are eligible to be registered under Part II of the Merchant Shipping Act 1988 but are not registered, whether in the United Kingdom or elsewhere;

and to masters and seamen employed in them, with such exceptions, adaptations or modifications (if any) as are specified in column 2 of that Schedule.

Extension of section 27 of the Merchant Shipping Act 1970

3

• (1) It is hereby directed that section 27 of the Merchant Shipping Act 1970[^f00005] shall extend to ships of the following description, that is to say sea-going fishing vessels—

• (i) which are to be treated as British owned within the meaning of section 14 of the Merchant Shipping Act 1988 and

• (ii) which are eligible to be registered under Part II of the Merchant Shipping Act 1988 but are not registered, whether in the United Kingdom or elsewhere ;

and to masters and seamen emplyed in them.

• (2) It is hereby directed that the said section 27 shall apply to sea-going fishing vessels which are not registered, whether in the United Kingdom or elsewhere, not falling within paragraph (1) above, and to masters and seamen employed in them, when such ships are within the seaward limits of the territorial sea of the United Kingdom while proceeding to or from a port in the United Kingdom or while fishing within such limits.

SCHEDULE — EXTENSION TO UNREGISTERED FISHING VESSELS OF THE DESCRIPTION CONTAINED IN REGULATION 2

Part I

Part II

Signed

Signed by the Authority of the Secretary of State for Transport

Brabazon of Tara — Minister of State, — Department of Transport — 12th June 1991

Explanatory note

(This note is not part of the Regulations)

These Regulations replace the Merchant Shipping (Unregistered Fishing Vessels) Regulations 1972, as a consequence of the changes in the system of registration of fishing vessels made by the Merchant Shipping Act 1988.

These Regulations still declare that the provisions of the Merchant Shipping Act 1970 and of Regulations made thereunder specified in the Schedule shall extend to the fishing vessels, which are not registered in the United Kingdom or elsewhere, described in regulation 2. Section 27 of the 1970 Act (conduct endangering ships, structures or individuals), a new text for which was substituted by the 1988 Act, is applied to all unregistered fishing vessels, regardless of the nationality of their owners.

Footnotes

[^f00001]: 1970 c. 36.; section 92 was amended by the Merchant Shipping Act 1988 (c. 12), Schedule 5.

[^f00002]: SeeS.I. 1970/1537.

[^f00003]: S.I. 1972/1877.

[^f00004]: 1988 c. 12.

[^f00005]: Section 27 was substituted by section 32 of the Merchant Shipping Act 1988.

[^f00006]: S.I. 1972/919, to which there is an amendment not relevant to these Regulations.

[^f00007]: S.I. 1972/1701, to which there is an amendment not relevant to these Regulations.

[^f00008]: S.I. 1972/1699.

[^f00009]: S.I. 1972/1698.

[^f00010]: S.I. 1979/97.

[^f00011]: S.I. 1981/570.