The Merchant Shipping Act 1988 (Amendment) Order 1989

• Citation: S.I. 1989/2006
• Sections: 3

Section 1 Citation and commencement

This Order may be cited as the Merchant Shipping Act 1988 (Amendment) Order 1989 and shall come into force on 2nd November 1989.

Section 2 Application

(1) This Order applies to any fishing vessel which—

(a) immediately before 1st April 1989—

(i) was by virtue of section 13(3) of the Merchant Shipping Act 1988 registered under Part I of the Merchant Shipping Act 1894 , under section 373 of that Act (registry of British fishing boats) or under the Sea Fishing Boats (Scotland) Act 1886 , and

(ii) was used for sea fishing as a British fishing boat pursuant to a licence granted under section 4 of the Sea Fish (Conservation) Act 1967 ; and

(b) on 1st April 1989 was ineligible for registry under Part II of the Merchant Shipping Act 1988 by reason only of the requirement of British citizenship imposed by virtue of section 14(7) of that Act.

(2) In this Order “fishing vessel” has the same meaning as in Part II of the Merchant Shipping Act 1988.

Section 3 Modification of Merchant Shipping Act 1988 for certain fishing vessels

In relation to a fishing vessel to which this Order applies, section 14 of the Merchant Shipping Act 1988 shall, so long as this Order remains in force, have effect as if—

(a) for “British-owned” in paragraph (a) of subsection (1) and in subsection (2) there was substituted “Community-owned”; and

(b) in the definition of “qualified person” in subsection (7), after “British citizen” there were inserted “or a national of a member State other than the United Kingdom and in either case”.