“PART A
modification of section 728 of the merchant shipping act 1894 applied by article 2
1 In section 728(a) for “accident or damage” substitute “casualty”;
2 Omit paragraphs (b) and (c).
3 Add the following as sub-sections (2) and (3)—
“(2) Subject to sub-section (3) below, in this section “casualty” means any occurrence whereby a hovercraft—
(a)
(a) has sustained, caused or been involved in any accident occasioning loss of life or any serious injury to any person;
(b)
(b) became lost, abandoned, missing or stranded;
(c)
(c) suffered such damage as the result of any accident that its safety was impaired;
(d)
(d) became involved in a collision with another hovercraft or a ship; or
(e)
(e) caused any damage.
(3) Subsection (2) above only applies if—
(a)
(a) the occurrence took place—
(i) on or over the sea or other navigable water; or
(ii) between the time when any person went 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 came to rest at the end of such a journey; or
(iii) during the testing or maintenance of a hovercraft which normally makes a journey on or over the sea or other navigable water; and also only
(b)
(b) if at the time the occurrence took place the hovercraft—
(i) was registered in the United Kingdom; or
(ii) was operating unregistered in accordance with any provisions of any order for the time being in force made under section 1(1)(a) of the Hovercraft Act 1968; or
(iii) was within the United Kingdom or United Kingdom territorial waters; or
(iv) was not registered under the law of any country but was owned by persons any one of whom is ordinarily resident, or being a company has its principal place of business in the United Kingdom.”.
PART B
modifications of the provisions of the merchant shipping act 1970 applied by article 2
1 For section 56(1) substitute the following—
“(1) Where any casualty has occurred, the Secretary of State may cause a formal investigation into the casualty to be held—
(a)
(a) if in England, Wales or Northern Ireland, by a wreck commissioner, and
(b)
(b) if in Scotland, by the sheriff;
and in this section “casualty” means any casualty within the meaning of section 728 of the Merchant Shipping Act 1894 (as modified by...
