Hovercraft Act 1968

2 Admiralty jurisdiction etc. U.K.

(1) Subject to subsection (3) of this section, the following enactments, that is to say, [F1 Part V] of the M1 Administration of Justice Act 1956, Part I of Schedule 1 to that Act and [F2 sections F3 ... 30(1) and 31 of the County Courts Act 1984] (which among other things relate to Admiralty jurisdiction) shall have effect as if references to ships (except references to Her Majesty’s ships and [F1 the reference in paragraph 4(1) of the said Part I and the second reference in paragraph 8(1) of that Part)] included references to hovercraft and as if references to Her Majesty’s ships included references to hovercraft belonging to the Crown in right of the Government of the United Kingdom or the Government of Northern Ireland; and [F4 section 4 of the M2 Sheriff Courts (Scotland) Act 1907 ][F4 sections 38(2)(j) and 40 of the Courts Reform (Scotland) Act 2014] (which relates to the jurisdiction of the sheriffs) shall apply in relation to hovercraft as it applies in relation to ships.

(2) Subject to subsection (3) of this section, the law relating to maritime liens shall apply in relation to hovercraft and property connected with hovercraft as it applies in relation to ships and property connected with ships, and shall so apply notwithstanding that the hovercraft is on land at any relevant time.

(3) Her Majesty may by Order in Council provide that the enactments mentioned in subsection (1) and the law mentioned in subsection (2) of this section as extended by those subsections shall not apply in relation to hovercraft in such circumstances as may be specified in the Order or shall have effect, in all circumstances involving hovercraft or such circumstances involving hovercraft as may be specified in the Order, subject to such modifications as may be so specified; and subsection (3) of section 1 of this Act shall apply to an Order under this subsection as it applies to an Order under that section but as if paragraphs (c), (e) and (f) were omitted.

[F5 (3A) Subsection (3) of this section shall have effect as if the reference to the enactments mentioned in subsection (1) as extended by that subsection included a reference to sections 20 to 24 of the [F6 Senior Courts Act 1981].]

(4) No recommendation shall be made to Her Majesty in Council to make an Order under this section unless a draft of the Order has been approved by a resolution of each House of Parliament.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

(6) Subsection (1) of this section shall apply for the purposes of any proceedings begun on or after the date of the coming into operation of this section, whenever the cause of action arose, but shall not affect any proceedings begun before that date.

Textual Amendments

F1 Words substituted by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(1), Sch. 5

F2 Words substituted by County Courts Act 1984 (c. 28, SIF 34), s. 148(1), Sch. 2 para. 32

F3 Words in s. 2(1) repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 141; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F4 Words in s. 2(1) substituted (S.) (1.4.2015) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions) Order 2015 (S.S.I. 2015/150), art. 1, Sch. para. 2

F5 S. 2(3A) inserted by Supreme Court Act 1981 (c. 54), s. 152(1), Sch. 5

F6 Words in Act substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)

F7 S. 2(5) repealed by Supreme Court Act 1981 (c.54, SIF 37), s. 152(4), Sch. 7

Marginal Citations

M1 1956 c. 46.

M2 1907 c. 51.