# The Merchant Shipping Act 1988 (Commencement No. 1) Order 1988

S.I. 1988/1010 · made 6 June 1988

This Order brings into force on 4th July 1988 the provisions of the Merchant Shipping Act 1988 specified in the Schedule to the Order, and also effects the repeals set out in the Appendix to the Schedule.

Made under: Merchant Shipping Act 1988 (repealed) (Section 58)

PDFs: Printed copy https://openlegislation.uk/merchant-shipping-act-1988-commencement-no-1-order-1988/pdf/uksi_19881010_en.pdf

## Introductory text

MERCHANT SHIPPING
Made 6th June 1988
The Secretary of State of Transport, in exercise of powers conferred on him by section 58(2) of the Merchant Shipping Act 1988 and of all other powers enabling him in that behalf, hereby makes the following Order:—

## 1 

This Order may be cited as the Merchant Shipping Act 1988 (Commencement No. 1) Order 1988.

## 2 

The provisions of the Merchant Shipping Act 1988 specified in the first column of the Schedule to this Order (which relate to the matters specified in the second column of that Schedule) shall come into force on 4th July 1988.

## Signature

Signed by authority of the Secretary of State
David B. Mitchell
Minister of State,
Department of Transport
6th June 1988

## PROVISIONS COMING INTO FORCE ON 4TH JULY1988

Provisions of the Act
Subject matter of provisions
Section 11
Categorisation of dependent territory registries
Section 26
Assistance for training
Section 27
Assistance for crew relief costs
Sections 28 and 29
Merchant Navy Reserve
Section 30
Owner and master liable in respect of dangerously unsafe ship
Section 31
Owner liable for unsafe operation of ships
Section 32
Conduct endangering ship, structures or individuals
Section 33
Marine Accident Investigation Branch
Section 35
Ship to ship transfers
Section 36
Amendments of Coast Protection Act 1949 relating to safety of navigation
Section 37
Licensing of tidal works by harbour authorities
Section 38
Powers to take retaliatory action
Sections 39 and 40
Restrictions on access to UK cabotage
Sections 41 to 43
Financing and administration of lighthouse service
Sections 44 and 45
Inquiries
Section 46
Payment of seamen’s wages
Section 47
Application of Merchant Shipping Acts to ships chartered by the Crown
Section 48 so far as it relates to the provisions of Schedule 5 set out below in this Schedule
Miscellaneous amendments of the Merchant Shipping Acts
Section 49
Application to hovercraft
Section 50
Application to unregistered ships
Section 51
Offences by bodies corporate
Section 53
Regulations
Section 55
Financial provisions
Section 56
Extension of Act to overseas territories
In section 57, subsections (1), (2) (3) and (4) so far as it relates to the provisions of Schedule 6 set out below in this Schedule and subsection (5) so far as it relates to the provisions of Schedule 7 set out below in this Schedule
Interpretation, minor and consquential amendments and repeals
In sections 58 subsections (1), (2), (3) and (5) and subsection (4) so far as it relates to the provisions of Schedule 8 set out below in this Schedule
Citation, commencement, transitional provisions and extent
Schedule 5 except for:
(i) paragraph 4 of the entry for Merchant Shipping Act 1894 (amendment to s.634(1)(a))
(ii) entry for Merchant Shipping Act 1906 (omission of s.52)
(iii) paragraph 7 of the entry for the Merchant Shipping Act 1970 (omission of section 89).
Miscellaneous amendments to the Merchant Shipping Acts
In Schedule 6:—
Minor and consequential amendments to or in respect of:
Paragraph 1 of the entry for the Merchant Shipping Act 1894
Power to detain unsafe ships
Paragraph 2 of the entry for the Merchant Shipping Act 1894
Application to foreign ships of provisions as to detention
Paragraph 3 of the entry for the Merchant Shipping Act 1894
Enforcing detention of ship
The entry for the Merchant Shipping (Amendment) Act 1920
Amendment of section 659 of the 1894 Act
The entry for the Merchant Shipping Act 1965
Tonnage regulations
Paragraph 1 of the entry for the Merchant Shipping Act 1970
Defence of drug taken for medical purposes
Paragraph 2 of the entry for the Merchant Shipping Act 1970
Formal investigation into shipping casualty
Paragraph 3 of the entry for the Merchant Shipping Act 1970
Rules as to inquiries etc.
Paragraph 4 of the entry for the Merchant Shipping Act 1970
Application of sections 62 to 66 to Masters
Sub-paragraph (a) of paragraph 5 of the entry for the Merchant Shipping Act 1970
Section 95 (fishing vessels)
Paragraph 1 of the entry for the Merchant Shipping Act 1979
Prevention of pollution from ships etc
Paragraph 2 of the entry for the Merchant Shipping Act 1979
Supplementary provisions about inspectors
Paragraph 3 of the entry for the Merchant Shipping Act 1979
Power to extend Act to certain countries, etc
Paragraph 4 of the entry for the Merchant Shipping Act 1979
Miscellaneous penalties on summary conviction
The entry for the Supreme Court Act 1981
Admiralty jurisdiction of High Court
Paragraph 2 of the entry for the Merchant Shipping Act 1983
Small ships: amendments of Merchant Shipping Acts
The entry for the Merchant Shipping Act 1984
Statutory provisions which are relevant for the purpose of serving notices in connection with safety and other matters
Schedule 7, so far as it relates to the repeals set out in the Appendix to this Schedule
Enactments repealed
In Schedule 8, paragraphs 1 and 3
Transitional provisions and savings

## 

Repeals taking effect on 4th July 1988
Chapter
Short Title
Extent of Repeal
1894 c. 60.
Merchant Shipping Act 1894.
Section 463.
Section 648(1).
In section 652(4) the words from “; and those reports” onwards.
Section 663.
In section 676(1), paragraph (i).
In section 677, paragraph (i).
In section 731, the words “or by the Board of Trade” and “or of the Board of Trade”.
Section 744.
1897 c. 59.
Merchant Shipping Act 1897.
In section 1, in subsection (1) the words from “as if” (where first occurring) to ““machinery”, and”, and subsection (2).
1898 c. 44.
Merchant Shipping (Mercantile Marine Fund) Act 1898.
Section 2(4).
1906 c. 48.
Merchant Shipping Act 1906.
In section 2, paragraph (1) and the “(2)” immediately following it.
Section 83.
1950 c. 9.
Merchant Shipping Act 1950.
Section 4.
1968 c. 13.
National Loans Act 1968.
In Schedule 4, in paragraph 2, the words from “Section 663” onwards.
1970 c. 36.
Merchant Shipping Act 1970.
Section 23.
In section 30, paragraphs (a) and (b).
In section 32, “30(b)”.
Section 42(2).
In sections 52(3) and 54(2), the words from “and the persons” onwards.
Section 55.
Sections 65 and 66.
In section 92, the word “British”.
1974 c. 52.
Trade Union and Labour Relations Act 1974.
In Schedule 3, in paragraph 14 the words from “in subsection (2)” to ““1974)” and”.
1979 c. 39.
Merchant Shipping Act 1979.
In section 28(7)(a), “463(5),”.
Section 32(2) and (3).
In section 37, subsection (4), and in subsection (6) the word “British”.
In section 40, in subsection (1)paragraphs (a), (c) and (d), and subsection (2).
Section 44.
Section 45(1).
In Schedule 6—
in Part II, the entry relating to section 23(3) of the Merchant Shipping Act 1970.
in Part IV, the entry relating to section 73(2) of that Act.
in Part VII, paragraph 19.
1983 c. 13.
Merchant Shipping Act 1983.
Sections 1 to 4.
In section 9(1), the words “any registered ship measured for length or”.

## Explanatory note

(This note is not part of the Order)
This Order brings into force on 4th July 1988 the provisions of the Merchant Shipping Act 1988 specified in the Schedule to the Order, and also effects the repeals set out in the Appendix to the Schedule.
In general the whole Act, which made a variety of amendments to the Merchant Shipping Acts, is brought into force, except Part I (Registration of British ships) (other than section 11, Regulation of registration in overseas territories by reference to categories of registries) and Part II (Registration of British Fishing Vessels), and the provisions consequential on those Parts, and except also a few other minor amendments.

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Source: https://www.legislation.gov.uk/uksi/1988/1010 (the official version)
Page: https://openlegislation.uk/merchant-shipping-act-1988-commencement-no-1-order-1988
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

