Statutory Instruments
1988 No. 1907 (C.71)

MERCHANT SHIPPING
The Merchant Shipping Act 1988 (Commencement No. 2) Order 1988

Made
2nd November 1988

The Secretary of State for Transport, in exercise of powers conferred on him by section 58(2) of the Merchant Shipping Act 1988(1) hereby makes the following Order:—

1.  This Order may be cited as the Merchant Shipping Act 1988 (Commencement No. 2) 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 1st December 1988.

Signed by authority of the Secretary of State

Michael Portillo
Minister of State
Department of Transport
2nd November 1988

SCHEDULEPROVISIONS COMING INTO FORCE ON 1ST DECEMBER 1988

Provisions of the Act
Subject matter of provisions

Section 4(6)
Fishing vessels not to be registered under Part I of the Merchant Shipping Act 1894

Section 54 so far as it relates to notices under Part II of the Act
Services of documents

Section 57(4) so far as it relates to the provisions of Schedule 6 set out below in this Schedule
Consequential amendments

Section 57(5) so far as it brings into effect the provisions of Schedule 7 set out below in this Schedule
Repeals

Section 58(4) except so far as it relates to paragraphs 2 and 5 of Schedule 8
Transitional provisions and savings

In Schedule 6:—
Minor and consequential amendments

The entry for the Sea Fisheries Act 1868
Fishing vessels to have official papers

The entry for the Contracts Employment and Redundancy Payments Act (Northern Ireland) 1965
Excluded categories of employees

The entry for the Sea Fish (Conservation) Act 1967

Size limits, etc for fish

The entry for the Sea Fisheries Act 1968
Definition of "British fishing boat"

The entry for the Fishing Vessels (Safety Provisions) Act 1970
Definition of "fishing vessel"

The entry for the Merchant Shipping Act 1970 so far as it is not already in force
Application of the Act to fishing vessels

The entry for the Fishery Limits Act 1976
Definition of "foreign fishing boat"

The entry for the Employment Protection (Consolidation) Act 1978
Mariners

The entry for the Customs and Excise Management Act 1979
Power to regulate small craft

The entry for the British Fishing Boats Act 1983
Definition of "British fishing boat"

Sub-paragraph (b) of paragraph 1 of the entry for the Merchant Shipping Act 1983
Definition of "fishing vessel"

The entry for the Inshore Fishing (Scotland) Act 1984
Definition of "British fishing boat"

The entry for the Safety at Sea Act 1986
Definition of "fishing vessel"

Schedule 7 so far as it relates to the repeals set out in the Appendix to this Schedule
Enactments repealed

In Schedule 8 paragraph 4
Operation of section 4(6) of the Act

APPENDIXRepeals taking effect on 1st December 1988

Chapter
Short Title
Extent of Repeal

1886 c. 53.
Sea Fishing Boats (Scotland) Act 1986.
The whole Act.

1894 c. 60.
Merchant Shipping Act 1894.
Sections 370 and 372 to 374.

1968 c. 77.
Sea Fisheries Act 1968.
In Schedule 1, paragraphs 23, 32 and 33.

1976 c. 86.
Fishery Limits Act 1976.
Section 2(8)(b). In Schedule 2, paragraph 3.

1983 c. 8.
British Fishing Boats Act 1983
Section 11(2).

1984 c. 26.
Inshore Fishing (Scotland) Act 1984.
In Schedule 1, the entry relating

Explanatory Note

(This note is not part of the Order)
By virtue of section 58(3) of the Merchant Shipping Act 1988, Part II thereof comes into force when the Merchant Shipping (Registration of Fishing Vessels) Regulations 1988 (S.I. 1988/1926) come into force which is on 1st December 1988. This Order brings into force on the same date related provisions of the Act which are set out in the Schedule to the Order. It also effects the repeals set out in the Appendix to the Schedule which are consequential on the coming into force of Part II.
Note as to Earlier Commencement Orders

(This note is not part of the Order)
The following provisions of the Act were brought into force on 4th July by an earlier commencement order, S.I. No. 1988/1010.
Provisions of the Act

Section 11

Section 26

Sections 28 and 29

Section 30

Sections 31 to 33

Section 35 to 47

Section 48 and Schedule 5 partially

Section 49 to 51

Section 53

Sections 55 and 56

Section 57 partially

Section 58

Schedule 5 partially

Schedule 6 partially

Schedule 7 partially

In Schedule 8, paragraphs 1 and 3

(1)
1988 c. 12.