# The Merchant Shipping Act 1988 (Bermuda) Order 1989

S.I. 1989/1334 · made 2 August 1989

This Order extends to Bermuda certain provisions of the Merchant Shipping Act 1988, as amended. Its main purpose is to make fresh provision for the registration of entitled vessels in Bermuda, and it also makes provision with respect to the safety of navigation (sections 30–32, 35 and 50), prevention of oil pollution (sections 30, 31, 34, 35 and 50), inquiries (section 44) and crew agreements (section 46). Schedule 2 sets out Part I of the Merchant Shipping Act 1894 as it now applies in Bermuda.

Made under: Merchant Shipping Act 1988 (repealed) (Section 56)

PDFs: Printed copy https://openlegislation.uk/merchant-shipping-act-1988-bermuda-order-1989/pdf/uksi_19891334_en.pdf

## Introductory text

MERCHANT SHIPPING
Made 2nd August 1989
Laid before Parliament 10th August 1989
Coming into force 1st September 1989
At the Court at Buckingham Palace, the 2nd day of August 1989
Present,
The Queen’s Most Excellent Majesty in Council
Her Majesty, in exercise of the powers conferred upon Her by section 56 of the Merchant Shipping Act 1988, and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

## 1 

This Order may be cited as the Merchant Shipping Act 1988 (Bermuda) Order 1989 and shall come into force on 1st September 1989.

## 2 

Subject to the modifications specified in Schedule 1 to this Order, the provisions of sections 1–8, 30–32, 34–35, 44, 46, 48, 50, 51, 54, 57 and 58 of the Merchant Shipping Act 1988 and Schedule 4 to that Act shall extend to Bermuda as part of the law thereof.

## 3 

Subject to the modifications specified in Schedule 1 to this Order, Schedule 5 to the Merchant Shipping Act 1988 in so far as it relates to the Merchant Shipping Act 1894, and the Merchant Shipping (Oil Pollution) Act 1971 shall extend to Bermuda as part of the law thereof.

## 4 

Schedule 6 to the Merchant Shipping Act 1988 in so far as it relates to the Merchant Shipping Act 1894 shall extend to Bermuda as part of the law thereof.

## 5 

Subject to the modifications specified in Schedule 1 to this Order, Schedule 7 to the Merchant Shipping Act 1988 in so far as it relates to the Merchant Shipping Act 1894, the Merchant Shipping (Oil Pollution) Act 1971 and the Merchant Shipping Act 1974 shall extend to Bermuda as part of the law thereof.

## 6 

Subject to the modifications specified in Schedule 2 to this Order, section 10 of the Merchant Shipping Act 1988 and Schedule 1 to that Act shall extend to Bermuda as part of the law thereof.

## 7 

The provisions as extended and modified shall come into force on such day as the Governor in Council may appoint by order, and different days may be appointed for different provisions or for different purposes of the same provision.

## Signature

G. I. de Deney
Clerk of the Privy Council

## Schedule 1: MODIFICATIONS IN THE EXTENSION TO BERMUDA OF SECTIONS 1–8, 30–32, 34–35, 44, 46, 48, 50, 51, 54, 57 AND 58 OF AND SCHEDULE 4 AND PARTS OF SCHEDULES 5 AND 7 TO THE MERCHANT SHIPPING ACT 1988

## 1 General

Any reference to the Merchant Shipping Acts shall be construed as a reference to those Acts as they extend to or apply in Bermuda, including the Bermuda Shipping Act 1979 as amended, and any reference to the Merchant Shipping Act 1894 or to provisions thereof shall be construed as a reference to that Act or to those provisions as it extends or they extend to Bermuda as amended by the said Bermuda Merchant Shipping Act.

## 2 General

In any case for the words “British Islands” or “British” there shall be substituted the words “Bermuda”, with the following exceptions:–
(a) in section 1(1)(a) and (b);
(b) in section 3(1)(a) to (e);
(c) in section 20(3)(a) of the Merchant Shipping (Oil Pollution) Act 1971 as substituted by paragraph 14 of Part I of Schedule 4 and in section 15(6)(a) of the Merchant Shipping Act 1974 as substituted by paragraph 15 of Part II of Schedule 4.

## 3 General

For any reference to the Registrar General of Shipping and Seamen there shall be substituted a reference to the Registrar of Shipping.

## 4 General

In any case for the words “United Kingdom” there shall be substituted the word “Bermuda”, with the following exceptions:–
(a) in section 3(1)(f) where, after the words “United Kingdom”, in both cases where they occur, there shall instead be substituted the words “or in Bermuda”;
(b) in section 20(3)(a) of the Merchant Shipping (Oil Pollution) Act 1971 as substituted by paragraph 14 of Part I of Schedule 4 and in section 15(6)(a) of the Merchant Shipping Act 1974 as substituted by paragraph 15 of Part II of Schedule 4.

## 5 General

For any reference to the “Secretary of State” or to the “Treasury” there shall be substituted a reference to the “Governor in Council”.

## 6 Fines

In section 5(6) for the words “the third level on the standard scale”, there shall be substituted the words “seven hundred and fifty dollars”.

## 7 Fines

In section 8(1)(i) and in section 27(5)(a) of the Merchant Shipping Act 1970 as substituted by section 32 for the words “the statutory maximum”, there shall be substituted the words “three thousand, five hundred dollars”.

## 8 Fines

In sections 30(4)(a) and 31(3)(a) and in section 10(6) of the Merchant Shipping (Oil Pollution) Act 1971 as amended by Schedule 5 for the words “£50,000”, there shall be substituted the words “eighty-five thousand dollars”.

## 9 Fines

In section 35(3) for the words “£25,000”, in each case there shall be substituted the words “forty-five thousand dollars”.

## 10 Fines

In section 44(3)(b) for the words “£1,000”, there shall be substituted the words “one thousand, seven hundred and fifty dollars”.

## 11 Other Modifications

For section 2, there shall be substituted the following provision:–
“2 A ship shall be a Bermudan ship for the purposes of the Merchant Shipping Acts if the ship is registered in Bermuda under Part I of the 1894 Act.”

## 12 Other Modifications

In section 3:
(a) in subsection (2) the words “Subject to subsection (3) below,” shall be omitted; and
(b) subsection (3) shall be omitted.

## 13 Other Modifications

In section 4, subsections (6) and (8) shall be omitted.

## 14 Other Modifications

In section 5:
(a) subsection (3) shall be omitted; and
(b) in subsection (4) for the words “registrar to whom the application is made”, “registrar of the ship’s port of registry” and “registrar in question” there shall be substituted in each case the words “Registrar of Shipping”.

## 15 Other Modifications

In section 6, in subsections (2) and (3) for the words “registrars of British ships generally a direction requiring them” there shall be substituted in each case the words “the Registrar of Shipping a direction requiring him”.

## 16 Other Modifications

In section 7:
(a) in subsection (5) for the words “registrar of the ship’s port of registry” there shall be substituted the words “Registrar of Shipping”; and
(b) in subsection (6) for the words “registrar of the ship’s former port of registry” there shall be substituted the words “Registrar of Shipping”.

## 17 Other Modifications

In section 30(5)(a) the words “(or, in Scotland, which are libelled in the complaint, petition or indictment)” shall be omitted.

## 18 Other Modifications

In sections 30(8) and 31(5) for all after the word “instituted” there shall be substituted in each case the words “except by or with the consent of the Attorney-General”.

## 19 Other Modifications

In section 34(2) for the references to Her Majesty and to an Order in Council there shall be substituted references to the Governor and to an order.

## 20 Other Modifications

In section 44:
(a) in subsection (4) for the words “clerk of the court”, there shall be substituted the words “Magistrates Court Clerk”; and
(b) subsection (5) shall be omitted.

## 21 Other Modifications

For section 48, there shall be substituted the following provision:–
“48 Schedule 5 to this Act in so far as it relates to the Merchant Shipping Act 1894 and the Merchant Shipping (Oil Pollution) Act 1971 shall have effect.”

## 22 Other Modifications

In section 50:
(a) in subsection (1) for the words “30, 31 and 33”, there shall be substituted the words “30 and 31”; and
(b) in subsection (2) the words “or section 33(2)(a)(ii)” shall be omitted.

## 23 Other Modifications

In section 54:
(a) in subsections (1) and (2) the words “or II” shall be omitted in each case;
(b) in subsection (2) the words “or registered fishing vessel” and the words between “served” and “on any” exclusive shall be omitted;
(c) subsection (3) shall be omitted; and
(d) in subsection (4) the definitions of “the appropriate register” and of “registered fishing vessel” and the words “or Part II of this Act” in the definition of “registered owner” shall be omitted.

## 24 Other Modifications

In section 57:
(a) in subsection (2) as it relates to the definition of “relevant overseas territory” for the words “any colony”, there shall be substituted the words “any other colony of the United Kingdom”, and the definition of “modifications” shall be omitted;
(b) subsection (3) shall be omitted;
(c) for subsection (4) there shall be substituted the following provision:–
“(4) The Merchant Shipping Act 1894 shall have effect subject to the minor and consequential amendments specified in Schedule 6;” and
(d) for subsection (5) there shall be substituted the following provision:–
“(5) The Merchant Shipping Acts 1894 and 1974 and the Merchant Shipping (Oil Pollution) Act 1971 are hereby repealed to the extent specified in the third column of Schedule 7.”

## 25 Other Modifications

In section 58:
(a) subsections (2), (3) and (5) shall be omitted; and
(b) in subsection (4) the words “The transitional provisions and savings contained in Schedule 8 to this Act shall have effect; and” and “made by statutory instrument” shall be omitted.

## 26 Other Modifications

In Schedule 4 in section 1(8) of the Merchant Shipping (Oil Pollution) Act 1971 as substituted by paragraph 1 of Part I for the words between “Act” where it first appears and “1948” inclusive there shall be substituted the words “Section 3 of the Law Reform (Liability in Tort) Act 1951.”

## 27 Other Modifications

In Schedule 4 of section 4 of the Merchant Shipping (Oil Pollution) Act 1971 as substituted by paragraph 4 of Part I:
(a) in subsection (2) the words “made by statutory instrument” shall be omitted; and
(b) in subsection (4) the words “by statutory instrument” onwards shall be omitted.

## 28 Other Modifications

In Schedule 4 in section 20 of the Merchant Shipping (Oil Pollution) Act 1971 as substituted by paragraph 14 of Part I:
(a) in subsection (1) for the definition of “the court” there shall be substituted the words ““the court” means the Supreme Court;”
(b) in subsection (3) there shall be inserted before paragraph (a) a paragraph as follows:–
“(aa) in the case of Bermuda, any area within the fishery limits set by the Proclamation Extending the Limits of the Fishery Zone of Bermuda 1977;”

## 29 Other Modifications

In Schedule 4 in section 1(6) of the Merchant Shipping Act 1974 as substituted by paragraph 15 of Part II there shall be inserted before paragraph (a) a paragraph as follows:–
“(aa) in the case of Bermuda any area within the fishery limits set by the Proclamation Extending the Limits of the Fishery Zone of Bermuda 1977;”

## 30 Other Modifications

In Schedule 5 as it relates to the Merchant Shipping Act 1894 paragraphs 2 to 12 shall be omitted.

## 31 Other Modifications

In the third column of Schedule 7:
(a) in the entry relating to the Merchant Shipping Act 1894 all the references shall be omitted except that to section 695(2)(a), and there shall be added a reference to section 457;
(b) in the entry relating to the Merchant Shipping Act 1974 the reference to section 23(2) shall be omitted.

## Schedule 2: MODIFICATIONS IN THE EXTENSION TO BERMUDA OF SECTION 10 OF AND SCHEDULE 1 TO THE MERCHANT SHIPPING ACT 1988

## 1 

In section 10:
(a) for subsection (1) there shall be substituted the following provision:–
“10 (1) Part I of the Merchant Shipping Act 1894 and Part II of the First Schedule thereto shall have effect as modified and set out in Schedule 1 to this Act.”;
(b) in subsection (2):
(i) for the words “1894 Act” and “United Kingdom” there shall be substituted respectively the words “Merchant Shipping Act 1894” and “Bermuda”; and
(ii) paragraph (b) shall be omitted.

## 2 

For Schedule 1 there shall be substituted the following provisions:–

### Part: PART II

## Documents of which the forms are to be prescribed by the Governor in Council

Certificate of surveyor.
Declaration of ownership by individual owner.
Declaration of ownership on behalf of a corporation as owner.
Certificate of registry.
Declaration of ownership by individual transferee.
Declaration of ownership on behalf of a corporation as transferee.
Provisional certificate.
Declaration of owner taking by transmission.
Declaration by mortgagee taking by transmission.
Bill of Sale.
Mortgage.
Transfer of mortgage.

## Explanatory note

(This note is not part of the Order)
This Order extends to Bermuda certain provisions of the Merchant Shipping Act 1988, as amended. Its main purpose is to make fresh provision for the registration of entitled vessels in Bermuda, and it also makes provision with respect to the safety of navigation (sections 30–32, 35 and 50), prevention of oil pollution (sections 30, 31, 34, 35 and 50), inquiries (section 44) and crew agreements (section 46). Schedule 2 sets out Part I of the Merchant Shipping Act 1894 as it now applies in Bermuda.

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Source: https://www.legislation.gov.uk/uksi/1989/1334 (the official version)
Page: https://openlegislation.uk/merchant-shipping-act-1988-bermuda-order-1989
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.