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Hovercraft (Application of Enactments) Order 1989

As Enacted Cited in Amendments 19 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 1989/1350

1989 No. 1350

HOVERCRAFT

The Hovercraft (Application of Enactments) Order 1989

2ndAugust 1989

16thAugust 1989

At the Court at Buckingham Palace the 2nd day of August

1989

Present,

The Queen's Most Excellent Majesty in Council

Whereas a draft of this Order has been laid before Parliament and has been approved by a resolution of each House of Parliament in accordance with section 1(4) of the Hovercraft Act 1968 (a) :

Now, therefore, Her Majesty, in exercise of the powers conferred upon Her by section1(1)(h) and (3) of the Hovercraft Act 1968 (b) , and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

Citation, commencement and revocation

1.-(1) This Order may be cited as the Hovercraft (Application of Enactments) Order 1989 and shall come into force on the fourteenth day after the day on which it is made.

(2) Article 9 of, and Schedule 4 to, the Hovercraft (Application of Enactments) Order 1972 (c) are revoked.

Inquiries and investigations into Hovercraft Casualties

2. Sections 55 to 58 of the Merchant Shipping Act 1970 ( d)(inquiries and investigations into shipping casualties) and the Merchant Shipping (Formal Investigations) Rules 1985 (e) shall apply in relation to hovercraft as they apply in relation to ships, and for that purpose shall have effect subject to the modifications respectively set out in Parts A and B of Schedule 1 to this Order.

Prevention of Pollution by Hovercraft

3. The following provisions, that is to say-

The Prevention of Oil Pollution Act 1971 (f)

Sections 2(2A), (2B) and (4), 5, 7, 11, 20, 23, 24 and 30.

The Merchant Shipping (Prevention of Oil Pollution Order 1983 (g)

Articles 4, 5 and 6.

The Merchant Shipping (Prevention of Oil Pollution) Regulations 1983 (h)

(a) 1968 c.59.
(b) Section 1(1)(h) was extended by paragraph 13 of Schedule 3, to the Merchant Shipping Act 1970 (c.36), by section 31 of the Prevention of Oil Pollution Act 1971 (c.60) and by section 48 of the Merchant Shipping Act 1979 (c.39).
(c) S.I. 1972/971, to which there are amendments not relevant to this Order.
(d) 1970 c.36; sections 55 and 56 were amended by the Merchant Shipping Act 1979, sections 28(7) and 32(2)and (3).
(e) S.I. 1985/1001.
(f) 1971 c.60: section 2 was amended by the Prevention of Oil Pollution Act 1986 (c.6), section 1; and section 23 by the Petroleum and Submarine Pipe-lines Act 1975 (c.74), section 45.
(g) S.I. 1983/1106, as amended by S.I. 1985/2002.
(h) S.I. 1983/1398, as amended by S.I. 1985/2040 and the Prevention of Oil Pollution Act 1986, section 1.

Regulations 1 to 12, 14, 16, 25 and 32 to 34; Appendices II and IV of Schedule 1; Appendix 1 of Schedule 2; and Schedule 3.

The Merchant Shipping (Reporting of Pollution Incidents) Regulations 1987 (a)

The whole Regulations.

The Merchant Shipping (Control of Pollution by Garbage) Regulations 1988 (b)

The whole Regulations.

The Merchant Shipping (Reception Facilities for Garbage) Regulations 1988 (c)

The whole Regulations.

shall apply in relation to hovercraft as they apply in relation to vessels and ships, and for that purpose shall have effect subject to the modifications-

(a) that for any reference to a vessel or a ship, or to vessels or ships (except in the expression "sea-going ships" in section 2(2A) of the said Act of 1971) there shall respectively be substituted a reference to a hovercraft and to hovercraft; and(b) that the definition of "ship" in regulation 1 of each of the said Regulations is omitted;

and to the further modifications respectively set out in Parts A, B and C of Schedule 2 to this Order.

Safety Regulations

4. Sections 21 and 22 of the Merchant Shipping Act 1979 ( d)shall apply in relation to hovercraft as they apply in relation to ships, and for that purpose shall have effect subject to the modification that for any reference to a ship, or to ships, there shall respectively be substituted a reference to a hovercraft and to hovercraft.

G. I. de Deney

Clerk of the Privy Council.
(a) S.I. 1987/586.
(b) S.I. 1988/2292.
(c) S.I. 1988/2293.
(d) 1979 c.39; section 21 was amended by section 49(3) of the Criminal Justice Act 1982 (c.48) and by section 11 of the Safety at Sea Act 1986 (c.23); section 22 was amended by Schedule 2 to the County Courts Act 1984 (c.28).

SCHEDULE 1

Article 2

PART A

modifications of the provisions of the merchant shipping act 1970 applied by article 2

(1) For section 55(1) substitute the following subsections (1) and (2), and accordingly renumber subsections (1A) and (2) as (3) and (4):

" (1) Subject to subsection (2) below, where any of the following casualties has occurred, that is to say when a hovercraft-

(a) has sustained, caused or been involved in any accident occasioning loss of life or any serious injury to any person;(b) becomes lost, abandoned, missing or stranded;(c) suffers such damage as the result of any accident that its safety is impaired;(d) becomes involved in a collision with another hovercraft or a ship; or(e) causes any damage;

the Secretary of State-

(i) may cause a preliminary inquiry into the casualty to be held by a person appointed for the purpose by the Secretary of State; and(ii) may (whether or not a preliminary inquiry into the casualty has been held) cause...

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