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Statutory Instruments

1990 No. 252

MERCHANT SHIPPING

SAFETY

The Collision Regulations (Seaplanes) (Guernsey) Order 1990

Made

14th February 1990

Laid before Parliament

22nd February 1990

Coming into force

16th March 1990

At the Court of Saint James, the 14th day of February 1990

Present,

The Counsellors of State in Council

Whereas Her Majesty in pursuance of the Regency Acts 1937 to 1953, was pleased, by Letters Patent dated the 18th day of January 1990 to delegate to the six Counsellors of State therein named or any two or more of them full power and authority during the period of Her Majesty's absence from the United Kingdom to summon and hold on Her Majesty's behalf Her Privy Council and to signify thereat Her Majesty's approval for anything for which Her Majesty's approval in Council is required:

Now, therefore, Her Majesty Queen Elizabeth The Queen Mother and His Royal Highness The Prince Charles, Prince of Wales, being authorised thereto by the said Letters Patent, and in pursuance of the powers conferred by section 418(1) of the Merchant Shipping Act 1894(1) as extended by section 97(1) of the Civil Aviation Act 1982(2) and by section 738 of the said Act of 1894 and of all other powers enabling Her Majesty, and on the joint recommendation of the Secretary of State for Defence and the Secretary of State for Transport, and by and with the advice of Her Privy Council, do on Her Majesty's behalf order, and it is hereby ordered, as follows:-�

1.-(1) This Order may be cited as the Collision Regulations (Seaplanes) (Guernsey) Order 1990 and shall come into force on 16th March 1990.

(2) In this Order, "the International Regulations" means the International Regulations for Preventing Collisions at Sea 1972(3) as amended by Resolution A.464(XII) of the International Maritime Organisation(4) and as further amended with effect from 19th November 1989 by Resolution A626(15) of that Organisation.

2. This Order shall apply to seaplanes on the surface of the water while they are within the Bailiwick of Guernsey or the territorial waters adjacent thereto.

3. The Collision Regulations (Seaplanes) (Guernsey) Order 1986(5) is hereby revoked.

4. The following provisions of the Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1989(6), as extended, with modifications, to the Bailiwick of Guernsey by the Merchant Shipping (Distress Signals and Prevention of Collisions) (Guernsey) Order 1989(7), namely-�

(a)regulation 1(2) (interpretation) with the modifications specified in the Schedule hereto, and

(b)the International Regulations set out in the Schedule thereto with the exception of Annex IV thereof (distress signals)

shall have effect as the collision regulations in relation to seaplanes to which this Order applies for the purposes of sections 418, 419 and 421 of the Merchant Shipping Act 1894 as extended by the Civil Aviation Act 1982.

G. I. de Deney

Clerk of the Privy Council

Article 4

SCHEDULEMODIFICATIONS TO REGULATION 1(2) OF THE MERCHANT SHIPPING (DISTRESS SIGNALS AND PREVENTION OF COLLISIONS) REGULATIONS 1989 AS EXTENDED TO THE BAILIWICK OF GUERNSEY

1. In sub-paragraph (a)-�

(a)in paragraph

(i)of the definition of "date of entry into force of these Regulations", for "United Kingdom vessels and Guernsey vessels" there shall be substituted "seaplanes registered in the United Kingdom";

(b)for paragraph (ii) of that definition there shall be substituted the following paragraph:

"(ii)in the case of a seaplane registered outside the United Kingdom, the date of entry into force of the International Regulations for the State in which the seaplane is registered;", and

(c)the definitions of "Guernsey vessel", "Merchant Shipping Notice" and "United Kingdom vessel" shall be omitted.

2. In sub-paragraph (b)-�

(a)in paragraph (i), after "Notice to Mariners No. 17" there shall be inserted "of 1989", and

(b)for paragraph (ii) there shall be substituted the following paragraph:

"(ii)"Notice to Mariners No. 17 of 1989" means Notice to Mariners No. 17 in the annual summary of Admiralty Notices to Mariners 1989.".

3. Sub-paragraph (d) shall be omitted.

Explanatory Note

(This note is not part of the Order)

This Order applies to seaplanes on the water while they are within the Bailiwick of Guernsey or the territorial waters adjacent thereto. It revokes the Collision Regulations (Seaplanes) (Guernsey) Order 1986 and provides that regulation 1(2) (interpretation) of, and the International Regulations set out in the Schedule to, the Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1989, as extended to the Bailiwick of Guernsey, shall have effect (with modifications) as the collision regulations for the purposes of sections 418, 419 and 421 of the Merchant Shipping Act 1894 as extended to seaplanes on the water to which the Order applies.

Copies of the Resolutions referred to are obtainable from the International Maritime Organization, 4 Albert Embankment, London SE1 7SR.

(2)

1982 c. 16; section 97(1) extends to the Bailiwick of Guernsey by virtue of the Civil Aviation Act 1982 (Guernsey) Order 1986 (S.I. 1986/1162).

(3)

Cmnd. 6962.

(4)

Cmnd. 8500.

(5)

S.I. 1986/1892.

(6)

S.I. 1989/1798.

(7)

S.I. 1989/2410.


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