Shipping
(Amendment) (Jersey) Law 2003
A LAW to amend the Shipping (Jersey)
Law 2002.[1]
Adopted by the
States 20th May 2003
Sanctioned by
Order of Her Majesty in Council 8th October 2003
Registered by the
Royal Court 7th
November 2003
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
1 Interpretation
In this Law “the
principal Law” means the Shipping (Jersey) Law 2002.[2]
2 Article 1
amended
In the principal Law in Article 1[3] –
(a) before
the definition “certificate” there shall be inserted the following
definition –
“ ‘British
connection’ has the meaning given in Article 10(1)(a);”;
(b) the
definition “Jersey connection” shall be deleted; and
(c) before
the definition “surveyor of ships” there shall be inserted the
following definition –
“ ‘small
ship’ means a ship that is less than 24 metres in length when its
‘length’ is determined in accordance with the Tonnage
Regulations;”.
3 Article 2
amended
(1) In Article 2(1)(b)(i)
of the principal Law[4] there shall be substituted
for the expression “British citizens” the expression “a
person”.
(2) Article 2(2)
of the principal Law[5] shall be repealed.
4 Article 11
amended
For Article 11(2)(a) of the principal Law[6] there shall be substituted
the following sub-paragraph –
“(a) shall so constitute the
register as to distinguish, in separate parts, registration of fishing vessels
and registration of small ships, and may otherwise divide the register into
parts so as to distinguish between classes or descriptions of ships;”.
5 “British
connection” substituted for “Jersey connection”
(1) In
the provisions of the principal Law mentioned in paragraph (2) there shall
be substituted for the expression “Jersey connection” the
expression “British connection”.
(2) Those
provisions are –
(a) the
heading to Article 17;[7]
(b) Articles 10(1)(a)
(where twice occurring), 12(2)(b), 12(3)(b), 13(1)(c), 13(1)(i), 13(2)(e), 17(1),
17(2) and 17(3);[8] and
(c) in Schedule 1
to the principal Law, paragraphs 3(1), 3(2)(b), 4(1) (where twice occurring)
and 5(1).[9]
6 Schedule
9 amended
Schedule 9 to the principal Law[10] is amended by adding at the
end the following heading and paragraph –
4.-(1) A ship that immediately
before the commencement of Part 3 of this Law was on a register maintained
in Jersey under the Merchant Shipping Acts 1894 to 1983 of the United
Kingdom, as those Acts at that time applied to Jersey (in this paragraph
referred to as “the 1894 to 1983 Acts”), is to be taken, on
that commencement, to have been registered under Part 3 of this Law.
(2) Likewise, if immediately before the
commencement of Part 3 of this Law a mortgage was registered in Jersey on
a ship in accordance with the 1894 to 1983 Acts, the mortgage is to be taken,
on that commencement, to have been registered in accordance with this Law and,
subject to sub-paragraph (3), shall have effect accordingly.
(3) Paragraph 9 of Schedule 1 (which
applies where two or more mortgages are registered in respect of the same ship)
shall apply where sub-paragraph (2) has effect as if the mortgages had
been registered on the date they were registered under the 1894 to 1983 Acts.
(4) For the purposes of the Registration
Regulations a ship to which sub-paragraph (1) applies is to be taken to
have been registered on the date on which it was registered under the 1894 to
1983 Acts.
(5) Despite sub-paragraph (1) –
(a) the Registrar may, in accordance with the
Registrar’s powers to do so under this Law or the Registration Regulations,
cancel the registration of a ship to which that sub-paragraph applies; and
(b) the Registrar shall cancel the registration
of a ship to which sub-paragraph (1) applies if the ship is not owned to
the prescribed extent by a person or persons qualified to own a Jersey
ship.”.
7 Schedule 10 amended
Paragraph 3(2) of Schedule 10 to the principal Law[11] is repealed
8 Citation
and commencement
(1) This
Law may be cited as the Shipping (Amendment) (Jersey) Law 2003.
(2) This
Law shall come into force on such day or days as the States may by Act appoint.
(3) Different
days may be appointed under paragraph (2) for different purposes or for
different provisions of this Law.
M.N. DE LA HAYE
Greffier of the States.
[1] Volume 2002, page 801.
[2] Volume 2002, page 801.
[3] Volume 2002, page 815.
[4] Volume 2002, page 820.
[5] Volume 2002, page 821.
[6] Volume 2002, page 827.
[7] Volume 2002, page 835.
[8] Volume 2002, pages 827, 829, 830, 831, 832 and 835.
[9] Volume 2002, pages 1027 and 1028.
[10] Volume 2002, page 1159.
[11] Volume 2002, page 1160.