The Merchant Shipping Act 1988 (Bermuda) Order 1991

Made: 24th July 1991

Laid before Parliament: 1st August 1991

Coming into force: 22nd August 1991

At the Court at Buckingham Palace, the 24th day of July 1991 Present, The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by section 56 of the Merchant Shipping Act 1988[^f00001], 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 Merchant Shipping Act 1988 (Bermuda) Order 1991 and shall come into force on 22nd August 1991.

2

Subject to the modifications specified in Article 7 of and in Schedule 1 to this Order, the provisions of sections 1–9, 30–31, 34–35, 48, 50–51, 53–54, 57 and 58 of the Merchant Shipping Act 1988 and Schedule 4 to that Act shall extend to Bermuda as part of the law thereof.

3

Subject to the modifications specified in Article 7 of and in Schedule 1 to this Order, Schedule 5 to the Merchant Shipping Act 1988 in so far as it relates to the Merchant Shipping Act 1894[^f00002], and the Merchant Shipping (Oil Pollution) Act 1971[^f00003] shall extend to Bermuda as part of the law thereof.

4

Subject to the modifications specified in Article 7 of this Order, Schedule 6 to the Merchant Shipping Act 1988 in so far as it relates to the Merchant Shipping Act 1894 shall extend to Bermuda as part of the law thereof.

5

Subject to the modifications specified in Article 7 of and in Schedule 1 to this Order, Schedule 7 to the Merchant Shipping Act 1988 in so far as it relates to the Merchant Shipping Act 1894, the Merchant Shipping (Oil Pollution) Act 1971 and the Merchant Shipping Act 1974[^f00004] shall extend to Bermuda as part of the law thereof.

6

Subject to the modifications specified in Article 7 of and in Schedule 2 to this Order, section 10 of the Merchant Shipping Act 1988 and Schedule 1 to that Act shall extend to Bermuda as part of the law thereof.

7

Any reference in this Order to the Merchant Shipping Acts shall be construed as a reference to those Acts as they extend to or apply in Bermuda, and shall include reference to the Bermuda Merchant Shipping Act 1979[^f00005], and any reference to a particular Merchant Shipping Act or to provisions thereof shall be construed as a reference to that Act or to those provisions as it extends or they extend to Bermuda as amended by the said Bermuda Merchant Shipping Act.

8

The Registrar of Shipping for Bermuda shall furnish the Secretary of State with such information with respect to–

• (a) the registration of ships under Part I of the Merchant Shipping Act 1894 Act in Bermuda, or

• (b) other matters relating to merchant shipping,

as the Secretary of State may from time to time require, and such information shall be furnished at such time or times and in such manner as the Secretary of State may require.

9

The Merchant Shipping Act 1988 (Bermuda) Order 1989[^f00006]is hereby revoked.

SCHEDULE 1 — MODIFICATIONS IN THE EXTENSION TO BERMUDA OF SECTIONS 1-–9, 30–31, 34–35, 48, 50–51, 53–54, 57 AND 58 OF AND SCHEDULE 4 AND PARTS OF SCHEDULES 5 AND 7 TO THE MERCHANT SHIPPING ACT 1988

General

1

For any reference to the Registrar General of Shipping and Seamen there shall be substituted a reference to the Registrar of Shipping.

2

In any case for the words “United Kingdom” or “the United Kingdom” there shall be substituted the word “Bermuda”, with the following exceptions:–

• (a) in section 2;

• (b) in section 3(1)(f) where, after the words “United Kingdom”, in both cases where they occur, there shall be inserted the words “or in Bermuda”;

• (c) in section 20(3)(a) of the Merchant Shipping (Oil Pollution) Act 1971 as substituted by paragraph 14 of Part I of Schedule 4 and in section 15(6)(a) of the Merchant Shipping Act 1974 as substituted by paragraph 15 of Part II of Schedule 4.

3

For any reference to the “Secretary of State” or to the “Treasury” there shall be substituted a reference to the “Minister charged with responsibility for shipping”.

Fines

4

In sections 5(6) and 9(2) for the words “the third level on the standard scale”, there shall be substituted the words “seven hundred and fifty dollars”.

5

In sections 30(4)(a) and 31(3)(a) for the words “£50,000”, there shall be substituted the words “eighty-five thousand dollars”.

6

In section 35(3) for the words “£25,000”, in each case there shall be substituted the words “forty-five thousand dollars”.

7

In section 44(3)(b) for the words “£1,000”, there shall be substituted the words “one thousand, seven hundred and fifty dollars”.

Other Modifications

8

For section 2(1)(d), there shall be substituted the following provision:–

(d) the ship is registered under the law of Bermuda or a relevant overseas territory; or

9

In section 3:

• (a) in subsection (2) the words “Subject to subsection (3) below,” shall be omitted; and

• (b) subsection (3) shall be omitted.

10

In section 4, subsections (6) and (8) shall be omitted.

11

In section 5:

• (a) subsection (3) shall be omitted; and

• (b) in subsection (4) for the words “registrar to whom the application is made”, “registrar of the ship’s port of registry” and “registrar in question” there shall be substituted in each case the words “Registrar of Shipping”.

12

In section 6, in subsections (2) and (3) for the words “registrars of British ships generally a direction requiring them” there shall be substituted in each case the words “the Registrar of Shipping a direction requiring him”.

13

In section 7:

• (a) in subsection (5) for the words “registrar of the ship’s port of registry” there shall be substituted the words “Registrar of Shipping”; and

• (b) in subsection (6) for the words “registrar of the ship’s former port of registry” there shall be substituted the words “Registrar of Shipping”.

14

In section 9(3) for the words “overseas territory” there shall be substituted the words “the United Kingdom or a relevant overseas territory”.

15

In section 30(5)(a) the words “(or, in Scotland, which are libelled in the complaint, petition or indictment)” shall be omitted.

16

In sections 30(8) and 31(5) for all after the word “instituted” there shall be substituted in each case the words “except by or with the consent of the Attorney-General”.

17

In section 34(2) for the references to Her Majesty and to an Order in Council there shall be substituted references to the Governor and to an order.

18

In section 35(2)(f) the words “determined with the approval of the Treasury” shall be omitted.

19

For section 48, there shall be substituted the following provision:–

(48) Schedule 5 to this Act in so far as it relates to the Merchant Shipping Act 1894 and the Merchant Shipping (Oil Pollution) Act 1971 shall have effect.

20

In section 50:

• (a) in subsection (1) for the words “30, 31 and 33”, there shall be substituted the words “30 and 31”; and

• (b) in subsection (2) the words “or section 33(2)(a)(ii)” shall be omitted.

21

In section 53:

• (a) For the words in subsection (1) there shall be substituted the words “Any power to make regulations under this Act shall be exercisable by the Minister charged with responsibility for shipping acting with the concurrence of the Secretary of State”;

• (b) In subsection (2)(b) for the words “Secretary of State” there shall be substituted the words “Minister charged with responsibility for shipping.”

22

In section 54:

• (a) in subsections (1) and (2) the words “or II” shall be omitted in each case;

• (b) in subsection (2) the words “or registered fishing vessel” and the words between “served” and “on any” exclusive shall be omitted;

• (c) in subsection (3) for the words “For the purposes of section 7 of the Interpretation Act 1978 (service of documents by post) a letter containing” there shall be substituted the words “A letter containing”.

• (d) in subsection (4) the definitions of “the appropriate register” and of “registered fishing vessel” and the words “or Part II of this Act” in the definition of “registered owner” shall be omitted.

23

In section 57:

• (a) in subsection (2) as it relates to the definition of “relevant overseas territory” for the words “any colony”, there shall be substituted the words “any other colony of the United Kingdom”, and the definition of “the Merchant Shipping Acts” and of “modifications” shall be omitted;

• (b) subsection (3) shall be omitted;

• (c) for subsection (4) there shall be substituted the following provision:–

(4) The Merchant Shipping Act 1894 shall have effect subject to the minor and consequential amendments specified in Schedule 6;

and

• (d) for subsection (5) there shall be substituted the following provision:–

(5) The Merchant Shipping Acts 1894 and 1974 and the Merchant Shipping (Oil Pollution) Act 1971 are hereby repealed to the extent specified in the third column of Schedule 7.

24

In section 58:

• (a) subsections (2), (3) and (5) shall be omitted; and

• (b) in subsection (4) the words “The transitional provisions and savings contained in Schedule 8 to this Act shall have effect; and” and “made by statutory instrument” shall be omitted.

25

In Schedule 4, in section 1(8) of the Merchant Shipping (Oil Pollution) Act 1971 as substituted by paragraph 1 of Part I for the words up to and including 1948 there shall be substituted the words “Section 3 of the Law Reform (Liability in Tort) Act 1951.”

26

In Schedule 4, in section 4 of the Merchant Shipping (Oil Pollution) Act 1971 as substituted by paragraph 4 of Part I:

• (a) in subsection (2) the words “made by statutory instrument” shall be omitted; and

• (b) in subsection (4) the words “by statutory instrument” onwards shall be omitted.

27

In Schedule 4, in section 20 of the Merchant Shipping (Oil Pollution) Act 1971 as substituted by paragraph 14 of Part I:

• (a) in subsection (1) for the definition of “the court” there shall be substituted the words ““the court” means the Supreme Court; ”

• (b) in subsection (3) there shall be inserted before paragraph (a) a paragraph as follows:–

(aa) in the case of Bermuda, any area within the fishery limits set by the Proclamation Extending the Limits of the Fishery Zone of Bermuda 1977;

28

In Schedule 4, in section 1(6) of the Merchant Shipping Act 1974 as substituted byparagraph 15 of Part II there shall be inserted before paragraph (a) a paragraph as follows:–

(aa) in the case of Bermuda any area within the fishery limits set by the Proclamation Extending the Limits of the Fishery Zone of Bermuda 1977;

29

In Schedule 5 as it relates to:

• (a) the Merchant Shipping Act 1894 paragraphs 2 to 12 shall be omitted; and

• (b) as it relates to the Merchant Shipping (Oil Pollution) Act 1971 for “£50,000” there shall be substituted the words “ninety-five thousand dollars”.

30

In the third column of Schedule 7:

• (a) in the entry relating to the Merchant Shipping Act 1894 all the references shall be omitted except that to section 695(2)(a), and there shall be added a reference to section 457;

• (b) in the entry relating to the Merchant Shipping Act 1974 the reference to section 23(2) shall be omitted.

SCHEDULE 2 — MODIFICATIONS IN THE EXTENSION TO BERMUDA OF SECTION 10 OFAND SCHEDULE 1 TO THE MERCHANT SHIPPING ACT 1988

1

In section 10:

• (a) for subsection (1) there shall be substituted the following provision:–

(10) – (1) For the provisions of Part I of the Merchant Shipping Act 1894 and of Part II of Schedule 1 thereto, there shall be substituted the provisions set out in Schedule 1 to this Act.

• (b) in subsection (2):

• (i) for the words “1894 Act” and “the United Kingdom” there shall be substituted respectively the words “Merchant Shipping Act 1894” and “Bermuda”; and

• (ii) paragraph (b) shall be omitted.

2

For Schedule 1 there shall be substituted the following provisions:–

Signed

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

Explanatory note

(This note is not part of the Order)

This Order revokes and re-enacts with minor and drafting amendments the Merchant Shipping Act 1988 (Bermuda) Order 1989 (S.I. 1989/1334), which extended to Bermuda certain provisions of the Merchant Shipping Act 1988, subject to the modifications specified in Schedules 1 and 2. The 1989 Order had not been brought into force in Bermuda pursuant to the provisions of Article 7 thereof.

Footnotes

[^f00001]: 1988 c. 12.

[^f00002]: 1894 c. 60.

[^f00003]: 1971 c. 59.

[^f00004]: 1974 c. 43.

[^f00005]: Act No. 16 of 1979 of Bermuda.

[^f00006]: S.I. 1989/1334. 2