Merchant Shipping Act 1979

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 M1 Merchant 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 . . . F1 unless a draft of the order . . . F1 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), . . . F2 , 22(3), 23(1), 25(4) or 30(2) of this Act . . . F2 shall be subject to annulment in pursuance of a resolution by either House of Parliament.

[F3 (4A) [F4 Except 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.]

[F5 (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.

Textual Amendments

F1 Words repealed by Safety at Sea Act 1986 (c. 23, SIF 111), s. 11(4)(c)

F2 Words repealed by Safety at Sea Act 1986 (c. 23, SIF 111), s. 11(4)(d)

F3 S. 49(4A) inserted by Safety at Sea Act 1986 (c. 23, SIF 111), s. 11(3)

F4 Words inserted by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 48, Sch. 5, (with s. 58(4), Sch. 8 para. 1)

F5 S. 49(4B) inserted Merchant Shipping Act 1988 (c. 12, SIF 111), s. 48, Sch. 5, (with s. 58(4), Sch. 8 para. 1)

Marginal Citations

M1 1894 c. 60.