The Hovercraft (General) Order 1972

Citation and Commencement

1.—(1) This Order may be cited as the Hovercraft (General) Order 1972.

(2) (a) Article 35 of this Order shall come into operation on 31st May 1972;

(b) The remainder of the Order shall come into operation on 26th June 1972.

Application

2.  This Order applies to hovercraft which are used—

(i) wholly or partly on or over the sea or navigable waters; or

(ii) on or over land to which the public have access or non-navigable waters to which the public have access; or

(iii) elsewhere for the carriage of passengers for reward:

Provided that this Order shall not:

(a) apply to hovertrains; nor

(b) prejudice the operation of section 19 of the Road Traffic Act 1962.

Interpretation

3.—(1) In this Order, unless the context otherwise requires—

“Authorised person” for the purposes of any provision of this Order means—

(a)

any constable; and

(b)

any person authorised in writing by the Secretary of State either generally or in relation to a particular case or class of cases;

“Beneficial interest” includes interests arising under contract and other equitable interests;

“The CAA” means the Civil Aviation Authority;

“Captain” means the person who is designated by the operator to be in charge of a hovercraft during any journey, or, failing such designation, the person who is for the time being lawfully in charge of the hovercraft;

“Hovertrains” means hovercraft which are at all times guided by tracks, rails or guides fixed to the ground;

“Military hovercraft” means the naval, military or air force hovercraft of any country and includes—

(a)

any hovercraft being constructed for the naval, military or air force of any country under a contract entered into by the Secretary of State; and

(b)

any hovercraft in respect of which there is in force a certificate issued by the Secretary of State that the hovercraft is to be treated for the purposes of this Order as a military hovercraft;

“Navigable water” means any water which is in fact navigable by ships or vessels, whether or not the tide ebbs and flows there, and whether or not there is a public right of navigation in that water;

“Operator” in relation to a hovercraft means the person for the time being having the management of the hovercraft;

“Passenger” means any person carried in a hovercraft, except a person employed or engaged in any capacity on board the hovercraft on the business of the hovercraft;

“Unladen weight” in relation to a hovercraft means the weight of a hovercraft ready for use, excluding the weight of usable fuel, occupants, baggage, cargo, stores, buoyant life-saving equipment, portable fire-fighting equipment, portable emergency equipment and non-permanent ballast;

“United Kingdom” includes the territorial waters adjacent to the United Kingdom;

“Unqualified person” means a person not qualified in accordance with Article 5(3) to be the holder of a legal or beneficial interest by way of ownership in the hovercraft.

(2) The Interpretation Act 1889 shall apply to the interpretation of this Order as it applies to the interpretation of an Act of Parliament.