The Admiralty Jurisdiction (British Indian Ocean Territory) Order 1984

• Citation: S.I. 1984/540
• Sections: 12

Section 1 Citation and commencement

(1) This Order may be cited as the Admiralty Jurisdiction (British Indian Ocean Territory) Order 1984.

(2) This Order shall come into operation on 14th May 1984.

Section 2 Admiralty jurisdiction of the Supreme Court of the British Indian Ocean Territory

The Colonial Courts of Admiralty Act 1890 shall, in relation to the Supreme Court of the British Indian Ocean Territory (hereinafter referred to as “ the Territory ”), have effect as if for the reference in section 2(2) thereof to the Admiralty jurisdiction of the High Court in England there were substituted a reference to the Admiralty jurisdiction of that court as defined by section 20 of the Supreme Court Act 1981, subject to the adaptations and modifications of the said section 20 that are specified in Schedule 1 to this Order .

Section 3 Application of provisions of the Supreme Court Act 1981 to the Territory

The provisions of sections 21, 22, 23 and 24 of Part II of the Supreme Court Act 1981 shall extend to the Territory with the adaptations and modifications that are specified in Column 2 of Schedule 2 to this Order.

Section 4 Extension of section 2(2) of Hovercraft Act 1968

Section 2(2) of the Hovercraft Act 1968 shall extend to the Territory.

Section 5 Power of Supreme Court to exercise certain powers outside the Territory

The Supreme Court of the Territory may, in accordance with any directions issued from time to time by the Chief Justice of that court, exercise in the United Kingdom in any Admiralty proceeding any of the following powers, that is to say, the power—

(a) to seal and issue a writ in rem or in personam and to issue a warrant of arrest;

(b) to hear an application made ex parte and to make any appropriate order thereon;

(c) to hear an application inter parties and to make any appropriate order thereon, if, but only if, the parties to be heard on the application have agreed to its being heard in the United Kingdom:

Provided that where an order has been made on an application heard in the United Kingdom under paragraph (b) or (c), the party who obtained the order shall not be entitled to withhold consent to the hearing in the United Kingdom of any application by any other person or party for the variation or rescission of that order;

(d) to hear and determine an action in rem , if, but only if, the parties to the action have agreed to its being heard in the United Kingdom.

Section 6 Approval of Rules of Court

The rules of court made on 16th January 1984 by the Chief Justice of the Territory in exercise of the powers conferred on him by section 7 of the Colonial Courts of Admiralty Act 1890, and of all other powers there unto him enabling, and set out in Schedule 3 to this Order, are approved.

Section 1 Title and commencement

These rules may be cited as the Supreme Court (Admiralty Practice) Rules 1984 and shall come into force on a day to be appointed by the Commissioner.

Section 2 Application of English rules

Save as otherwise expressly provided in these rules, the Rules of the Supreme Court 1965, of England and Wales, as amended or replaced from time to time, shall apply to all Admiralty proceedings in the Supreme Court, so far as they may be applicable and with such modification as may be necessary.

Section 3 Sub-registry

There shall be a sub-registry of the Supreme Court at such place in the United Kingdom as the Commissioner shall from time to time prescribe.

Section 4 Filing, etc. , of documents in sub-registry

(1) The following documents may be filed or lodged in the sub-registry—

(a) an application for arrest under Order 75, rule 5;

(b) a praecipe against arrest under Order 75, rule 6;

(c) a praecipe against release under Order 75, rule 7;

(d) a preliminary act within the meaning of Order 75, rule 18;

(e) any other document with the consent of all parties or by direction of the Chief Justice.

(2) A document filed or lodged in the sub-registry shall take effect in the Territory when it is received in the registry or when a telex message embodying the substance of the document is received in the registry, whichever is the earlier.

Section 5 Use of telex messages when effecting arrest

In the application to the Territory of Order 75, rule 11, references to a warrant or writ shall, where it was issued in the United Kingdom, be deemed to include a telex message from the sub-registry embodying the substance of the warrant or writ.

Section 6 Allowances

The allowances to be paid to nautical and other assessors shall be determined by the court.