Merchant Shipping (Tonnage) (Overseas Territories) Order 1971
| Jurisdiction | UK Non-devolved |
| Citation | SI 1971/383 |
| Year | 1971 |
1971 No. 383
MERCHANT SHIPPING
The Merchant Shipping (Tonnage) (Overseas Territories) Order 197111thMarch 1971
17thMarch 1971
18thMarch 1971
At the Court at Buckingham Palace, the 11th day of March 1971
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, in exercise of the powers conferred upon Her by section 6 of the Merchant Shipping Act 1965(a) and 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:—
1.—(1) This Order may be cited as the Merchant Shipping (Tonnage) (Overseas Territories) Order 1971.
(2) This Order shall come into operation on 18th March 1971.
2.—(1) In this Order, except in so far as the context otherwise requires:—
"the Act" or "this Act" means, in relation to any of the territories mentioned in Schedule 2 to this Order, the Merchant Shipping Act 1965 as extended to that territory;
"Governor" means the Governor of the territory and includes any person or persons administering the government of the territory;
"the principal Act" means the Merchant Shipping Act 1894(b);
"the territory" means, in relation to any of the territories mentioned in Schedule 2 to this Order, that territory.
(2) If under the law in force in the territory another authority has been substituted for the Exchequer as respects that territory in section 83 of the principal Act, the reference to the Exchequer in section 1(4) of the Act shall be construed in relation to that territory as a reference to such substituted authority; and if under such law another authority has been substituted for the Board of Trade as respects the territory in section 84 of the principal Act, the reference to the Board of Trade in item 1 in Schedule 1 to the Act shall be construed in relation to that territory as a reference to such substituted authority.
(3) The Interpretation Act 1889(c) shall apply, with the necessary adaptations, for the purpose of interpreting this Order and otherwise in relation thereto as it applies for the purpose of interpreting, and in relation to, Acts of Parliament.
(a) 1965 c. 47
(b) 1894 c. 60.
(c) 1889 c. 63.
3. The provisions of sections 1, 7 and 8(2) and (4) of, and Schedules 1 and 2 to, the Merchant Shipping Act 1965, modified and adapted as in Schedule 1 to this Order, shall extend to the territories mentioned in Schedule 2 to this Order.
4. The Merchant Shipping (Colonies etc.) Tonnage Measurement Order 1956(a) is hereby revoked.
W. G. Agnew
Article 3
SCHEDULE 1 TO THE ORDER
Tonnage regulations.
1.—(1) The tonnage of any ship to be registered under Part I of the principal Act shall be ascertained in accordance with regulations made by the Governor; and those regulations shall, as respects anything done after the commencement of this Act, be taken to be the provisions referred to in the principal Act as the tonnage regulations of that Act.
(2) Regulations under this section—
(a) may make different provision for different descriptions of ships or for the same description of ships in different circumstances;
(b) may make any provision thereof dependent on compliance with such conditions, to be evidenced in such manner, as may be specified in the regulations;
(c) may provide for the ascertainment of any space to be taken into account...
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