Statutory Instruments
2022 No. 844
Hovercraft
Marine Pollution
The Hovercraft (Application of Enactments) and Merchant Shipping (Prevention of Pollution) (Law of the Sea Convention) Amendment Order 2022
Made
19th July 2022
Coming into force
for the purposes of article 1 and 3
20th July 2022
for the purpose of article 2
21st July 2022
At the Court at Windsor Castle, the 19th day of July 2022
Present,
The Queen’s Most Excellent Majesty in Council
A draft of this Order has, in accordance with section 1(4) of the Hovercraft Act 1968( 1 ) and section 129(3) of the Merchant Shipping Act 1995( 2 ), been laid before Parliament and approved by a resolution of each House of Parliament.
Accordingly, Her Majesty, in exercise of the powers conferred by section 1(1)(h) and (3) of the Hovercraft Act 1968, and section 129(1) and (2)(a) of the Merchant Shipping Act 1995, is pleased, by and with the advice of Her Privy Council, to order as follows.
Citation, commencement and extent
1. —(1) This Order may be cited as the Hovercraft (Application of Enactments) and Merchant Shipping (Prevention of Pollution) (Law of the Sea Convention) Amendment Order 2022.
(2) Subject to paragraph (3), this Order comes into force on the day after the day on which it is made.
(3) Article 2 comes into force on the day after the day specified in paragraph (2).
(4) This Order extends to England and Wales, Scotland and Northern Ireland.
Amendment of the Hovercraft (Application of Enactments) Order 1989
2. —(1)The Hovercraft (Application of Enactments) Order 1989( 3 ) is amended as follows.
(2) In article 3 (prevention of pollution by hovercraft), at the end of the list of provisions, insert—
“ The Merchant Shipping Act 1995
Sections 128 ( 4 ) and 129
The Merchant Shipping (Prevention of Pollution) (Law of the Sea Convention) Order 1996 ( 5 )
The Whole Order ” .
(3) After article 4 (safety regulations), insert—
“ Manning
5. Section 47 of the Merchant Shipping Act 1995 ( 6 ) applies in relation to hovercraft and to persons connected with hovercraft as it applies in relation to ships and to persons connected with ships, and for that purpose has effect subject to the modification that for any reference to a ship, or to ships, there is respectively substituted a reference to a hovercraft and to hovercraft. ” .
Amendment of the Merchant Shipping (Prevention of Pollution) (Law of the Sea Convention) Order 1996
3. —(1) The Merchant Shipping (Prevention of Pollution) (Law of the Sea Convention) Order 1996 is amended as follows.
(2) In article 2, in paragraph (2), for sub-paragraphs (c) and (d) substitute—
“ (c) that a specified contravention of the regulations is to be an offence punishable—
(i) on summary conviction—
(aa) in England and Wales by a fine;
(bb) in Scotland or Northern Ireland by a fine not exceeding the statutory maximum; or
(ii) on conviction on indictment by imprisonment for a term not exceeding two years, or a fine, or both;
(d) that a specified contravention of the regulations is to be an offence punishable only on summary conviction—
(i) in England and Wales by a fine;
(ii) in Scotland or Northern Ireland by a fine not exceeding level 5 on the standard scale; ” .
Richard Tilbrook
Clerk of the Privy Council
1968 c. 59 . Section 1(1)(h) was amended by the Supreme Court Act 1981 (c. 54) , section 152(1) and Schedule 5, and the Constitutional Reform Act 2005 (c. 4) , section 59(5), Schedule 11, Part 1, paragraph 1(2). There are other amendments to the Act but none is relevant.
1995 c. 21 . There are amendments to the Act but none is relevant.
S.I. 1989/1350 , to which there are amendments not relevant to this Order.
1995 c. 21 . Section 128 was amended by the Merchant Shipping and Maritime Security Act 1997 (c. 28) , sections 12 and 29, Schedule 6, paragraph 3 and Schedule 7 and the Merchant Shipping (Pollution) Act 2006 (c. 8) , section 2.
S.I. 1996/282 , amended by this Order. There are other amendments not relevant to this Order.
Section 47 was amended by the Marine Navigation Act 2013 (c. 23) , section 10.