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Statutory Instruments

2018 No. 1159

Merchant Shipping

The Merchant Shipping (Confirmation of Legislation) (Falkland Islands) Order 2018

Made

7th November 2018

Laid before Parliament

14th November 2018

Coming into force in accordance with article 1

At the Court at Buckingham Palace, the 7th day of November 2018

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred by section 735(1)(1) of the Merchant Shipping Act 1894(2), is pleased by and with the advice of Her Privy Council, to order as follows:

Citation and commencement

1.  This Order may be cited as the Merchant Shipping (Confirmation of Legislation) (Falkland Islands) Order 2018 and comes into force on such date as the approval of Her Majesty is proclaimed by the Governor of the Falkland Islands in the Falkland Islands Gazette(3).

Confirmation of legislation

2.  The Maritime Ordinance 2017(4), enacted by the Legislature of the Falkland Islands, is confirmed in so far as it repeals provisions of the following legislation relating to ships registered in the Falkland Islands, and which have effect in the Falkland Islands—

(a)Merchant Shipping Act 1894 (other than provisions in Part 3 relating to emigrant ships);

(b)Merchant Shipping Act 1906(5);

(c)Merchant Shipping Act 1921(6);

(d)Merchant Shipping Act 1965(7);

(e)Merchant Shipping Act 1970(8);

(f)Merchant Shipping Act 1981(9).

Richard Tilbrook

Clerk of the Privy Council

EXPLANATORY NOTE

(This note is not part of the Order)

This Order confirms the Maritime Ordinance 2017 (No. 20 of 2017) (“the Ordinance”) enacted by the Legislature of the Falkland Islands, in so far as the Ordinance repeals provisions of the Merchant Shipping Act 1894 (c. 60) (other than provisions in Part 3 relating to emigrant ships), the Merchant Shipping Act 1906 (c. 48), the Merchant Shipping Act 1921 (c. 28), the Merchant Shipping Act 1965 (c. 47), the Merchant Shipping Act 1970 (c. 36) and the Merchant Shipping Act 1981 (c. 10) relating to ships registered in the Falkland Islands and which continue to apply to the Falkland Islands. The Ordinance replaces the repealed extended legislation with local legislation.

The Ordinance can be accessed on the Falkland Islands Statute Law Database at https://www.legislation.gov.fk or on request from the Maritime & Coastguard Agency of Spring Place, 105 Commercial Road, Southampton SO15 1EG.

An impact assessment has not been produced for this instrument as no impact on the private, voluntary or public sectors is foreseen. An Explanatory Memorandum is available alongside this instrument on www.legislation.gov.uk.

(1)

Section 735 of the Merchant Shipping Act 1894 was repealed by section 314(1) of, and Schedule 12 to, the Merchant Shipping Act 1995 (c. 21), and was saved by paragraph 1(2) of Schedule 14 to the Act, in relation to the Falkland Islands.

(3)

The Order comes into force in accordance with section 735(1) of the Merchant Shipping Act 1894.

(4)

No. 20 of 2017.