Statutory Instruments
2014 No. 1361
Merchant Shipping
The Merchant Shipping (Convention Relating to the Carriage of Passengers and their Luggage by Sea) Order 2014
Made
27th May 2014
Coming into force in accordance with article 1(1)
At the Court at Buckingham Palace, the 27th day of May 2014
Present,
The Queen’s Most Excellent Majesty in Council
It appears to Her Majesty in Council that the government of the United Kingdom has agreed to the Protocol of 2002( 1 ) to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974 and that the Protocol revises the Convention. In consequence of those revisions She considers that modifications should be made to Parts I and II of Schedule 6 to the Merchant Shipping Act 1995( 2 ).
A draft of this Order has, in accordance with sections 183(7) and 184(4) of the Merchant Shipping Act 1995, been laid before Parliament and approved by a resolution of each House of Parliament.
Her Majesty, in exercise of the powers conferred by sections 183(4) and (6) and 184(1) and (3) of the Merchant Shipping Act 1995, is pleased, by and with the advice of Her Privy Council, to order as follows:—
Citation, commencement and interpretation
1. —(1) This Order may be cited as the Merchant Shipping (Convention Relating to the Carriage of Passengers and their Luggage by Sea) Order 2014 and comes into force on the day after the date on which it is made.
(2) In this Order—
“the Act” means the Merchant Shipping Act 1995; and
“the Protocol of 2002” means the Protocol of 2002 to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974.
Amendment of Schedule 6 to the Act
2. —(1) In Schedule 6 to the Act, for Part I (text of Convention) substitute the Part I set out in the Schedule to this Order.
(2) In paragraph 4 of Part II (provisions having effect in connection with the Convention) of Schedule 6 to the Act, for “46,666” substitute “400,000”.
(3) After paragraph 9 of Part II of Schedule 6 to the Act insert—
“ 9A. The provisions of the Convention in Part I of this Schedule have effect subject to the reservation made by the United Kingdom (see the reservation set out in the Annex II to Regulation (EC) No 392/2009 of 23 April 2009 of the European Parliament and of the Council of 23 April 2009 on the liability of carriers of passengers by sea in the event of accidents). ” ( 3 ).
Application of the Convention within the British Islands
3. The provision made by article 2 of this Order does not affect the operation of the Carriage of Passengers and their Luggage by Sea (Domestic Carriage) Order 1987( 4 ), and accordingly references in that Order to Schedule 6 to the Act are to be read as references to that Schedule as it had effect immediately before the coming into force of this Order.
Revocation
4.The Carriage of Passengers and their Luggage by Sea (Interim Provisions) Order 1980( 5 ) is revoked.
Application to the Crown.
5. This Order shall bind the Crown.
Geri King
Deputy Clerk of the Privy Council
Article 2
SCHEDULE New Part I to be substituted in Schedule 6 to the Act
Cm 8760.
O. J.No. L.131, 28.5.2009, p.24.
S.I.1987/670 . Following the repeal and re-enactment of section 16 of the Merchant Shipping Act 1979 (c.39) this order has effect as if made under section 184 of the Act.