Merchant Shipping (Transitional Provisions-Fishing Vessels) Order 1988
| Jurisdiction | UK Non-devolved |
| Citation | SI 1988/1911 |
1988 No. 1911
MERCHANT SHIPPING
The Merchant Shipping (Transitional Provisions — Fishing Vessels) Order 1988
Made 2nd November 1988
Whereas it appears to the Secretary of State for Transport that in connection with the coming into force of Part II of the Merchant Shipping Act 19881(hereinafter called“the principal Act”) it is necessary or expedient to make the transitional, incidental, supplemental and consequential provisions hereinafter appearing;
And whereas the said Part II comes into force on 1st December 1988 (“the commencement date”);
Now the Secretary of State for Transport, in exercise of powers conferred on him by section 58(4) of and paragraph 3 of Schedule 8 to the principal Act and of all other powers enabling him in that behalf, hereby orders as follows:
1. This Order may be cited as the Merchant Shipping (Transitional Provisions — Fishing Vessels) Order 1988 and shall come into force on 1st December 1988 except for article 4, which shall come into force on 17th November 1988.
2. Any reference, however worded, in a share agreement, mortgage, bill of sale or other document relating to a fishing vessel, to a share in a fishing vessel which, at the time the document was created, was in accordance with the law then applying divided into 16 shares, shall on and after the commencement date be construed as a reference to 4/64th shares in that vessel.
3. Any reference, however worded, in any mortgage or other document by which a fishing vessel was made security for the repayment of a loan or discharge of any other obligation, to registration of the vessel under Part I or Part IV of the Merchant Shipping Act 18942(hereinafter called“the 1894 Act”) shall on and after the commencement date be construed as follows:—
(a) if it is a reference to registration under Part I of that Act it shall be construed as a reference to registration of the vessel under Part II of the principal Act as a vessel to which the provisions of the said Part II relating to transfers by bill of sale and the registration of mortgages apply; and
(b) if it is a reference to registration under Part IV of the 1894 Act it shall be construed as a reference to registration under Part II of the principal Act as a vessel to which those provisions...
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