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Paragraph 7

Original text. Later amendments are not shown.

In Part II of Schedule 4:—

(i)

in paragraph 3:—

  1. (a)

    for the words “Secretary of State”, wherever they occur, there shall be substituted the words “States Advisory and Finance Committee”, and

  2. (b)

    sub-paragraph (3) shall be omitted;

(ii)

in paragraph 4:—

  1. (a)

    at the end of sub-paragraph (1), there shall be inserted the words “(as extended to the Bailiwick by the Merchant Shipping (Oil Pollution) Act 1971 (Guernsey) Order 1975)”; and

  2. (b)

    at the end of sub-paragraph (2), there shall be inserted the words “(as extended to the Bailiwick by the Nuclear Installations (Guernsey) Order 1978).”;

(iii)

for paragraph 6, there shall be substituted the following provision:—

“6
(1)

In the case of a passenger steamer within the meaning of Part II of the Law entitled “Loi relative à la Marine Marchande dans le Bailliage de l'lle de Guernesey” registered on 6th June 1916, the ship's certificate mentioned in paragraph 1 of article 7 shall be the passenger steamer's certificate issued under section 8 of that Law.

(2)

In paragraph 2 of article 7 the reference to claims brought on behalf of a person includes a reference to any claim in respect of the death of a person under the Law entitled “Loi relative à la Compensation qui pourra être accordée aux familles de personnes dont la mort aura été causée par accident” registered on 28th December, 1900 and the Fatal Accidents (Guernsey) Law, 1960, and as extended to the Island of Alderney and the Island of Sark by the Fatal Accidents and Law Reform (Miscellaneous Provisions) (Bailiwick of Guernsey) Law, 1965.”;

(iv)

after paragraph 7, there shall be inserted the following provision:—

“7A

Where an action is brought in the Bailiwick, the reference in paragraph 3 of article 10 to the national law of the State Party shall be construed as a reference to the law of the Bailiwick.”;

(v)

in paragraph 8(1), for the words “The Secretary of State may from time to time, with the concurrence of the Treasury,” there shall be substituted the words “The States Advisory and Finance Committee may, from time to time,”;

(vi)

after paragraph 10, there shall be inserted the following provision:—

“10A

In article 14, the reference to the law of the State Party shall, where the fund is constituted in the Bailiwick, be construed as a reference to the law of the Bailiwick.”;

(vii)

for paragraph 11, there shall be substituted the following provision:—

“11

Reference in the Convention and the preceding provisions of this Part of this Schedule to the court are—

(a)

in relation to the Island of Guernsey, references to the Royal Court sitting as an Ordinary Court;

(b)

in relation to the Island of Alderney, references to the Court of Alderney, and

(c)

in relation to the Island of Sark, references to the Court of the Seneschal of Sark.”,

and

(viii)

after paragraph 13, there shall be inserted the following provision:—

“14

Any Order in Council or any order of the Secretary of State made under this Schedule, as it has effect in the United Kingdom, shall have effect in the Bailiwick if registered in the Royal Court and from the date of such registration.”.