Bermuda Consolidated Legislation

 

UNITED KINGDOM STATUTORY INSTRUMENT

1971 No. 383

THE MERCHANT SHIPPING (TONNAGE) (OVERSEAS
TERRI TORIES) ORDER 1971

[made by Her Majesty in Council under section 6 of the Merchant Shipping Act 1965 and brought into operation on 18 March 1971]

 

1 (1) This Order may be cited as the Merchant Shipping (Tonnage) (Overseas Territories) Order 1971.

(2) This Order shall come into operation on 18th March, 1971.

2 (1) In this Order, except in so far as the context otherwise re quires:—

"the Act" or "this Act" means, in relation to any of the territories mentioned in Schedule 2 to this Order, the Merchant Ship ping Act 1965 as extended to that territory;

"Governor" means the Governor of the territory and includes any person or persons administering the government of the terri tory;

"the principal Act" means the Merchant Shipping Act 1894;

"the territory" means, in relation to any of the territories men tioned in Schedule 2 to this Order, that territory.

(2) If under the law in force in the territory another authority has been substituted for the Exchequer as respects that territory in sec tion 83 of the principal Act, the reference to the Exchequer in section 1 (4) of the Act shall be construed in relation to that territory as a reference to such substituted authority; and if under such law another authority has been substituted for the Board of Trade as respects the territory in section 84 of the principal Act, the reference to the Board of Trade in item 1 in Schedule to the Act shall be construed in relation to that terri tory as a reference to such substituted authority.

(3) The Interpretation Act 1889 shall apply, with the necessary adaptations, for the purpose of interpreting this Order and otherwise in relation thereto as it applies for the purpose of interpreting, and in rela tion to, Acts of Parliament.

3 The provisions of sections 1, 7 and 8(2) and (4) of, and Schedules 1 and 2 to, the Merchant Shipping Act 1965, modified and adapted as in Schedule 1 to this Order, shall extend to the territories mentioned in Schedule 2 to this Order.

4 [omitted]

Article 3 SCHEDULE 1 TO THE ORDER

Tonnage requirements

(1) The tonnage of any ship to be registered under Part I of the prin cipal Act shall be ascertained in accordance with regulations made by the Governor and those regulations shall, as respects anything done af ter the commencement of this Act, be taken to be the provisions referred to in the principal Act as the tonnage regulations of that Act.

(2) Regulations under this section —

(a) may make different provision for different descriptions of ships or for the same description of ships in different circumstances;

(b) may make any provision thereof dependent on compli ance with such conditions to be evidenced in such man ner, as may be specified in the regulations;

(c) may provide for the ascertainment of any space to be taken into account for the purposes of section 85 of the principal Act (payment of dues where goods carried in spaces not forming part of registered tonnage) and may exempt any space from being taken into account for those purposes; and

(d) may prohibit or restrict the carriage of goods or stores in spaces not included in the registered tonnage of a
ship and may provide for making the master and the owner each liable to a fine not exceeding one hundred pounds where such a prohibition or restriction is contravened.

(3) Regulations under this section may make provision for assigning to a ship, either instead of or as an alternative to the tonnage ascertained in accordance with the other provisions of the regulations, a lower ton nage applicable where the ship is not loaded to the full depth to which it can be safely loaded and for indicating on the ship, by such mark as may be specified in the regulations, that such a lower tonnage has been as signed to it and, where it has been assigned to it as an alternative, the depth to which the ship may be loaded for the lower tonnage to be appli cable,

(4) Regulations under this section may provide for the measurement and survey of ships to be undertaken, in such circumstances as may be specified in the regulations and notwithstanding sections 6 and 86 of the principal Act, by persons appointed by such organizations as may be authorized in that behalf by the Governor; and so much of section 83 of the principal Act and section 1 of the Merchant Shipping (Mercantile Ma rine Fund) Act 1898 as requires the payment of fees into the Exchequer shall not apply to fees payable under the said section 83 to persons ap pointed in pursuance of this subsection.

(5) Regulations under this section may make provision for the alter ation (notwithstanding section 82 of the principal Act) of the particulars relating to the registered tonnage of a ship.

(6) Regulations under this section may provide for the issue by the Governor or by persons appointed by such organizations as may be au thorized in that behalf by the Governor of certificates of the registered tonnage of any ship or of the tonnage which is to be taken for any pur pose specified in the regulations as the tonnage of a ship not registered in Bermuda, and for the cancellation and delivery up of such certificates in such circumstances as may be prescribed by the regulations.

(6A) Regulations under this section requiring the delivery up of any certificate may make a failure to comply with the requirement an offence punishable on summary conviction with a fine not exceeding 200 Bermuda dollars.

(7) For the purposes of this Act and without prejudice to the gener ality of the powers therein contained, any tonnage regulations made (whether before or after the coming into operation of this Act in the ter ritory) by the Board of Trade or the Secretary of State under the provi sions of this Act as in force in the United Kingdom shall, in so far as they relate to ships to be registered under Part I of the principal Act, and un less varied by or repugnant to regulations made by the Governor under this Act as extended to the territory, be deemed to be regulations made under this Act. Such regulations shall be read subject to the modifica tions set out in the next following subsection and to any further modifi cations which may be made thereto by the Governor.

(8) The modifications hereinbefore referred to are that except where the context otherwise requires, references—

(a) to the United Kingdom shall be taken as references to the territory;

(b) to the Board of Trade, the Board or the Secretary of State shall be taken as references to the Governor;

(c) to any Act (including this Act) or to any rules or regula tions made under such an Act shall be taken as refer ences to that Act, or, as the case may be, those rules or regulations, as in force in the territory.

Amendments and repeals

7 (1) The enactments mentioned in Schedule 1 to this Act, in their application to the territory, and to ships registered in the territory shall have effect subject to the amendments specified in relation thereto in the second column of that Schedule, being minor amendments and amendments consequential on the foregoing provisions of this Act.

(2) The enactments mentioned in Schedule 2 to this Act, in their application to the territory, and to ships registered in the territory are hereby repealed to the extent specified in the third column of that Schedule.

Construction and commencement

8 (2) This Act shall be construed as one with the Merchant Ship ping Acts 1894 to 1964 as in force in the territory.

(4) This Act shall come into operation on such day as the Gov ernor may by order appoint.

[this Act was brought into operation on 1 April 1975 by SR&O 27/1975]

SCHEDULES TO THE ACT
SCHEDULE 1

Minor and Consequential Amendments

Enactment amended: The Merchant Shipping Act 1894 57 & 58 Vict. c.60.:

Amendment: in section 84, there shall be added at the end of subsec tion (1) the words "and any space shown by the certificate of registry or other national papers of any such ship as deducted from the tonnage shall, where a similar deduction in the case of a British ship depends on compliance with any conditions or on the compliance being evidenced in any manner, be deemed to comply with those conditions and to be so evidenced, unless a surveyor of ships certifies to the Board of Trade that the construction and the equipment of the ship as respects that space do not come up to the standard which would be required if the ship were a British ship registered in the United Kingdom".

In section 85, in subsection (1) after the words "forming the ship's regis tered tonnage" there shall be inserted the words "and not exempted by regulations under the Merchant Shipping Act 1965", and in subsection (3) for the words from "in manner directed" to "this Act" there shall be substituted the words "in accordance with regulations made under the merchant Shipping Act 1965".

At the end of Part II of Schedule 1 there shall be added the words "Bill of sale".

SCHEDULE 2

Enactments Repealed

[omitted]

[Note: by this Schedule the following repeals were made:

The Merchant Shipping Act 1894:

In section 24(2) the words from "and shall be in" to "permit".

Sections 77 to 81.

In section 84(1) the words from "and any space" to the end of the subsection.

In Schedule 1, in Part I, Form A - Bill of Sale.

Schedule 2.

In Schedule 6, paragraphs (2) to (5).

The Merchant Shipping Act 1906:

Sections 54 and 55

The Merchant Shipping Act 1907:

The whole Act]

Article 3 SCHEDULE 2 TO THE ORDER

Bahamas
Bermuda
British Honduras
British Solomon Islands Protectorate
Cayman Islands
Falkland Islands (Colony and Dependencies)
Gibraltar
Gilbert and Ellice Islands Colony
Seychelles
St. Helena and its Dependencies
Turks and Caicos Islands
Virgin Islands

EXPLANATORY NOTE

(This Note is not part of the Order)

This Order extends those provisions of the Merchant Shipping Act 1965 which relate to the ascertainment of the tonnage of ships, subject to ex ceptions, adaptations and modifications, to the territories specified in Schedule 2 thereto.

Tonnage Regulations may be made by the Governor, but any regulations made by the Board of Trade or the Secretary of State under the Act, in so far as they relate to ships to be registered under Part I of the Merchant Shipping Act 1894, are deemed to be such Regulations unless varied by or repugnant to regulations made by the Governor.