Merchant Shipping Act 1979

SupplementalU.K.

F147. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

48 Application to hovercraft.U.K.

The enactments and instruments with respect to which provision may be made by Order in Council in pursuance of section 1(1)(h) of the M1Hovercraft Act 1968 shall include this Act and any instrument made under it.

49 Orders and regulations.U.K.

(1)Any power to make an order or regulations conferred on the Secretary of State by this Act shall be exercisable by statutory instrument.

(2)Section 738 of the M2Merchant Shipping Act 1894 (which among other things provides for the publication in the London Gazette, the laying before Parliament and the alteration and revocation of Orders in Council made under that Act or any Act amending that Act) shall not apply to an Order in Council made under this Act.

(3)No order shall be made in pursuance of section 3(1), 4(2), 8(5), 10(3) or 34(3) of this Act . . . F2 unless a draft of the order . . . F2 has been approved by resolution of each House of Parliament.

(4)Any statutory instrument containing an order made by virtue of section 2(3), 41(1) or 43(4) of this Act or paragraph 11 of Part II of Schedule 3 or paragraph 3 or 5 of Part II of Schedule 4 to this Act or containing regulations made by virtue of section 11(2)(a), . . . F3, 22(3), 23(1), 25(4) or 30(2) of this Act . . . F3 shall be subject to annulment in pursuance of a resolution by either House of Parliament.

[F4(4A)[F5Except where subsection (4B) of this section applies,] Regulations of the following descriptions under section 21(1) of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament—

(a)regulations under paragraph (a) of that subsection,

(b)regulations under paragraph (b) of that subsection which—

(i)relate to an international agreement laid before Parliament before 4th April 1979, or

(ii)relate to safety matters and give effect to amendments in force to an international agreement already implemented under that paragraph, and

(c)regulations under paragraph (c) of that subsection which contain a statement that they are made only for the purpose of applying to certain other ships the provisions of an international agreement implemented under paragraph (b) of that subsection;

and regulations of any other description under section 21(1) of this Act shall not be made unless a draft of the regulations has been approved by resolution of each House of Parliament.]

[F6(4B)Regulations falling within paragraphs (a) to (c) of subsection (4A) of this section, if contained in the same instrument as any regulations requiring to be approved in draft by virtue of that subsection, shall also require to be so approved.]

(5)Any statutory instrument containing an order made by virtue of paragraph 8(1) of Part II of Schedule 4 to this Act shall be laid before Parliament after being made.

50 Interpretation and repeals.U.K.

(1)This Act shall be construed as one with the Merchant Shipping Acts.

(2)In this Act—

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

• “contravention” includes failure to comply;

• “functions” includes powers and duties;

• “the Merchant Shipping Acts” means the Merchant Shipping Acts 1894 to 1977 . . . F8 and, except in sections 22(3)(a) and 37(5) of this Act and the preceding subsection, this Act; and

• “modifications” includes additions, omissions and alterations, and related expressions shall be construed accordingly.

(3)Section 4 of the M3Aliens restriction (Amendment) Act 1919 (which prohibits an alien from holding a pilotage certificate for a pilotage district in the United Kingdom except in certain cases) shall cease to have effect.

(4)The enactments mentioned in the first and second columns of Schedule 7 to this Act are hereby repealed to the extent specified in the third column of that Schedule. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .; but nothing in Part I of that Schedule shall affect the operation of any enactment in relation to such an occurrence as mentioned in section 19(4) of this Act.

51 Expenses etc.U.K.

(1)There shall be paid out of money provided by Parliament—

(a)any administrative expenses incurred by a Minister of the Crown or a government department under this Act; and

(b)any increase attributable to this Act in the sums which, under any other Act, are payable out of money so provided.

(2)The Treasury shall be entitled to charge a reasonable fee for any certificate given by or on behalf of the Treasury in pursuance of any provision contained in subsection (2) or (4)(c) of section 38 of this Act or paragraph 4 of Part III of Schedule 3 or paragraph 7 of Part II of Schedule 4 to this Act.

(3)Any fees received by a Minister of the Crown by virtue of this Act shall be paid into the Consolidated Fund.

52 Citation and commencement.U.K.

(1)This Act may be cited as the Merchant Shipping Act 1979 and this Act and the Merchant Shipping Acts 1894 to 1977 may be cited together as the Merchant Shipping Acts 1894 to 1979.

(2)This Act shall come into force on such day as the Secretary of State may appoint by order, and different days may be appointed in pursuance of this subsection for different provisions of this Act or for different purposes of the same provision.