Merchant Shipping Act 1988 (repealed)

Part IV U.K. General

49 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 M1 Hovercraft Act 1968 shall include this Act and any instrument made under it.

Marginal Citations

M1 1968 c. 59.

F1 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F1 Ss. 50,51,54,56 repealed (1.5.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2), Sch.2.

F2 51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F2 Ss. 50,51,54,56 repealed (1.5.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2), Sch.2.

52 Disclosure of information to Secretary of State by other government departments. U.K.

(1) No obligation as to secrecy or other restriction on the disclosure of information (whether imposed by statute or otherwise) shall preclude any of the persons mentioned in subsection (2) from disclosing—

(a) to the Secretary of State, or

[F3 (aa) to the registrar of British ships (within the meaning of the Merchant Shipping (Registration, etc.) Act 1993), or]

(b) to an authorised officer of the Secretary of State,

information for the purpose of assisting the Secretary of State in the performance of his functions under [F4 the Merchant Shipping (Registration, etc.) Act 1993].

(2) The persons referred to in subsection (1) are—

(a) the Minister of Agriculture, Fisheries and Food,

(b) the Secretaries of State respectively concerned with sea fishing in Scotland, Wales and Northern Ireland,

(c) the Department of Agriculture for Northern Ireland,

(d) the Commissioners of Customs and Excise, and

(e) an authorised officer of any of the persons falling within paragraphs (a) to (d) above.

(3) Information obtained by any person in pursuance of subsection (1) shall not be disclosed by him to any other person except where the disclosure is made—

(a) to a person to whom the information could have been disclosed by any of the persons mentioned in subsection (2) in accordance with subsection (1), or

(b) for the purposes of any legal proceedings arising out of [F4 the Merchant Shipping (Registration, etc.) Act 1993].

Textual Amendments

F3 S. 52(1)(aa) inserted (21.3.1994) by 1993 c. 22, s. 8(1), Sch. 2 para. 15(4)(a); S.I. 1993/3137, art. 3(1), Sch.1.

F4 Words in s. 52(1)(3) substituted (21.3.1994) by 1993 c. 22, s. 8(1), Sch. 2 para. 15(4)(b); S.I. 1993/3137, art. 3(1), Sch.1.

53 Regulations. U.K.

(1) Any power of the Secretary of State to make regulations under this Act shall be exercisable by statutory instrument subject to annulment by a resolution of either House of Parliament.

(2) Regulations under this Act may—

(a) make different provision for different classes or descriptions of ships and for different circumstances; and

(b) make such transitional, incidental or supplementary provision as appears to the Secretary of State to be necessary or expedient.

F5 54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F5 Ss. 50,51,54,56 repealed (1.5.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2), Sch.2.

55 Financial provisions. U.K.

(1) There shall be paid out of money provided by Parliament any expenses incurred by the Secretary of State in consequence of the provisions of this Act.

(2) Any sums received by the Secretary of State by virtue of this Act shall (subject to subsection (3)) be paid into the Consolidated Fund.

(3) Subsection (2) does not apply to—

(a) any sums required by virtue of any other provision of this Act to be paid into the General Lighthouse Fund, or

(b) any sums paid to the Secretary of State out of that fund under section 2A(1) of the M2 Merchant Shipping (Mercantile Marine Fund) Act 1898.

Marginal Citations

M2 1898 c. 44.

F6 56 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F6 Ss. 50,51,54,56 repealed (1.5.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2), Sch.2.

57 Interpretation, minor and consequential amendments and repeals. U.K.

(1) This Act shall be construed as one with the Merchant Shipping Acts 1894 to 1986.

(2) In this Act—

• “the 1894 Act” means the M3 Merchant Shipping Act 1894;

• “country” includes any territory;

• “the Merchant Shipping Acts” means the Merchant Shipping Acts 1894 to 1986 and this Act;

• “modifications” includes additions, omissions and alterations;

• “relevant overseas territory” means—

(a) the Isle of Man,

(b) any of the Channel Islands, or

(c) any colony;

“statutory provision” means any provision contained in or having effect under any enactment.

(3) In the application of this Act to Scotland any reference to a defendant shall be construed as a reference to a defender.

(4) The enactments mentioned in Schedule 6 shall have effect subject to the minor and consequential amendments specified in that Schedule.

(5) The enactments mentioned in Schedule 7 are hereby repealed to the extent specified in the third column of that Schedule.

Commencement Information

I1 S. 57 partly in force; s. 57 not in force at Royal Assent see s. 58 ; s. 57(1)-(6) in force for specified provisions at 4.7.1988 by S.I. 1988/1010, art. 2, Sch.; s. 57(5) in force for specified purposes at 1.6.1994 by S.I. 1994/1201, art. 2, Sch.

Marginal Citations

M3 1894 c. 60.

58 Citation, commencement, transitional provisions and extent. U.K.

(1) This Act may be cited as the Merchant Shipping Act 1988; and this Act and the Merchant Shipping Acts 1894 to 1986 may be cited together as the Merchant Shipping Acts 1894 to 1988.

(2) This Act, except Part II, shall come into force on such day as the Secretary of State may appoint by order made by statutory instrument, and different days may be appointed for different provisions or for different purposes.

(3) Part II of this Act shall come into force on the date of the coming into force of the first regulations made under section 13.

(4) The transitional provisions and savings contained in Schedule 8 to this Act shall have effect; and the Secretary of State may by order made by statutory instrument make such transitional, incidental, supplemental, consequential or saving provision as appears to him to be necessary or expedient in connection with the coming into force of any provision of this Act or the operation of any enactment which is repealed or amended by a provision of this Act during any period when the repeal or amendment is not wholly in force.

(5) With the exception of—

• sections 36 and 37,

• section 45, and

• section 57(4) and (5) and Schedules 6 and 7 so far as they amend or repeal any enactment which does not extend to Northern Ireland,

this Act extends to Northern Ireland.

Modifications etc. (not altering text)

C1 Power of appointment conferred by s. 58(2) partly exercised: S.I. 1988/1010, 1907, 1989/353