Article 2 Amendment of the Hovercraft (Application of Enactments) Order 1989

The Hovercraft (Application of Enactments) Order 1989^f1 is amended as follows.

For article 2 (inquiries and investigations into hovercraft casualties), substitute—

“2.

(1)

Subject to paragraph (2)—

(a)

the Merchant Shipping (Formal Investigations) Rules 1985^f2;

(b)

sections 267 to 270 of the Merchant Shipping Act 1995^f3; and

(c)

the Merchant Shipping (Accident Reporting and Investigation) Regulations 2012^f4;

apply in relation to hovercraft and to persons connected with hovercraft as they apply in relation to ships and to persons connected with ships, and for that purpose have effect subject to the modification that for any reference to a ship, or to ships, there is respectively substituted a reference to a hovercraft and to hovercraft.

(2)

For the purposes of paragraph (1)(a), the Merchant Shipping (Formal Investigations) Rules 1985 have effect subject to the modifications set out in Part C of Schedule 1 to this Order.”.

In article 3 (prevention of pollution by hovercraft)—

In article 4 (safety regulations), for “Sections 21 and 22 of the Merchant Shipping Act 1979 shall” substitute “Sections 85 and 86 of the Merchant Shipping Act 1995”.

After article 5 (manning), insert—

“Fees

6.

Section 302 of the Merchant Shipping Act 1995 applies in relation to hovercraft and to persons connected with hovercraft as it applies in relation to ships and to persons connected with ships, and for that purpose has effect subject to the modification that for the reference to a ship, there is substituted a reference to a hovercraft.

Power to make ambulatory references to international instruments

7.

Section 306A of the Merchant Shipping Act 1995 applies in relation to hovercraft and to persons connected with hovercraft as it applies in relation to ships and to persons connected with ships, and for that purpose has the effect that, where subordinate legislation made under that Act—

(a)

includes ambulatory provision within the meaning of subsection (4) of that section; and

(b)

applies, by virtue of this Order, in relation to hovercraft and to persons connected with hovercraft,

such ambulatory provision applies in relation to the application of that subordinate legislation in relation to hovercraft and to persons connected with hovercraft as it applies in relation to the application of that subordinate legislation in relation to ships and to persons connected with ships.”.

For Part C of Schedule 1, substitute—

“Modifications of the Merchant Shipping (Formal Investigations) Rules 1985 applied by Article 2

1.

In rule 2(1)—

(a)

for the definition of “accident”, substitute the following—

• ““accident” has the meaning given in regulation 3 of the Merchant Shipping (Accident Reporting and Investigation) Regulations 2012;”;

(b)

omit the definition of “officer”.

2.

In rule 4, omit paragraphs (3) and (4).

3.

In rule 10, omit the second sentence.

4.

For rule 12 substitute—

“Result of Formal Investigation

12.

At the end of the formal investigation the wreck commissioner must give a brief summary of his findings in public and make a report on the case to the Secretary of State including his and the assessor’s, or assessors’, findings as to the reasons for the hovercraft casualty or incident or as to any particular matters relating to the casualty or incident, or as to the conduct of any person implicated in the casualty or incident.”.”

Omit—