Her Majesty, in exercise of the powers conferred upon Her by section 4(4) of the Territorial Sea Act 1987(1), 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 Territorial Sea Act 1987 (Jersey) Order 1997 and shall come into force on 31st March 1997.

2.  The Territorial Sea Act 1987 shall extend to the Bailiwick of Jersey with the exceptions, adaptations and modifications specified in the Schedule to this Order.

N. H. Nicholls
Clerk of the Privy Council

Article 2

SCHEDULEEXCEPTIONS, ADAPTATIONS AND MODIFICATIONS IN THE EXTENSION OF THE TERRITORIAL SEA ACT 1987 TO THE BAILIWICK OF JERSEY

1.  Any reference to an enactment shall be construed, unless the contrary intention appears, as a reference to it as it has effect in the Bailiwick of Jersey.

2.  In section 1—

(a)in subsections (1)(a), (2), (5) and (6), for “United Kingdom” there shall be substituted “Bailiwick of Jersey”;

(b)in subsection (1) there shall be added at the end the following provision:

“Provided that—

(i)the seaward limit of the territorial sea adjacent to the Bailiwick of Jersey between Point 1 and Point 13 indicated in Schedule 3 to this Act shall consist of a series of straight lines joining, in the sequence given, Points 1 to 13 indicated in Schedule 3 to this Act; and

(ii)the seaward limit of the territorial sea adjacent to the Bailiwick of Jersey shall be the median line where the baselines from which the breadth of the territorial sea adjacent to the Bailiwick of Jersey is measured are less than 24 nautical miles from the baselines from which the breadth of the territorial sea adjacent to the French Republic is measured”;

(c)in subsection (3), for “Secretary of State” there shall be substituted “Lieutenant Governor”;

(d)in subsections (4) and (5), for “coming into force of this section” there shall be substituted “extension of this section to the Bailiwick of Jersey”;

(e)in subsections (5) and (6), after “enactment” there shall be inserted “contained in an Act of Parliament”;

(f)in subsection (7) there shall be inserted after “In this section”,

“and in Schedule 3 to this Act—

(a)“median line” is a line every point of which is equidistant from the nearest points of the baselines from which the breadth of the territorial sea adjacent to the Bailiwick of Jersey and the French Republic respectively is measured; (b)”,

and there shall be added at the end of the subsection:

“(c)“straight line” means a loxodromic line; and

(d)all positions given by means of co-ordinates are defined on European Datum (1st adjustment 1950)”.

3.  For section 2 there shall be substituted the following section:

“2.    Enactments and provisions not affected

Nothing in section 1 above, or in any Order in Council made under that section, shall affect the operation of any enactment contained in an Act of Parliament, or any provision made under such an enactment, which relates to sea fisheries and which is passed or made before the extension of section 1 above to the Bailiwick of Jersey or the date on which such Order comes into force.”.

4.  In section 3, subsections (1) to (3) shall be omitted.

5.  In section 4, subsections (2) to (4) shall be omitted.

6.  Schedule 1 shall be omitted.

7.  In Schedule 2, the entries relating to the Customs and Excise Management Act 1979(2) and the Alcoholic Liquor Duties Act 1979(3) shall be omitted.

8.  At the end of Schedule 2 there shall be added—

Section 1(1)(i)

“SCHEDULE 3LIST OF POINTS

Point
Position of Point

1
49°13'15"N
02°33'33"W

2
49°14'55"N
02°31'21"W

3
49°16'34"N
02°28'53"W

4
49°18'30"N
02°22'03"W

5
49°18'53"N
02°20'56"W

6
49°20'16"N
02°18'41"W

7
49°21'20"N
02°16'54"W

8
49°22'19"N
02°15'02"W

9
49°22'23"N
02°14'57"W

10
49°23'01"N
02°13'43"W

11
49°24'26"N
02°10'17"W

12
49°25'24"N
02°08'00"W

13
49°27'38"N
02°05'51"W”.

Explanatory Note

(This note is not part of the Order)
This Order extends the Territorial Sea Act 1987 to the Bailiwick of Jersey with the exceptions, adaptations and modifications specified in the Schedule to the Order. By section 1(1)(i) of and Schedule 3 to the Act as extended, the seaward limit of the territorial sea adjacent to Jersey and towards Guernsey is constituted by straight lines joining the points indicated in Schedule 3. By section 1(1)(ii), the limit towards the French Republic is constituted by the median line.


(1)
1987 c. 49.

(2)
1979 c. 2.

(3)
1979 c. 4.