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Collision Regulations (Ships and Seaplanes on the Water) and Signals of Distress (Ships) Order 1965

THE COLLISION REGULATIONS (SHIPS AND SEAPLANES ON THE WATER) AND SIGNALS OR DISTRESS (SHIPS) ORDER 1965

Made .... .... .... .... 3rd August, 1965

Laid before Parliament .... 11th August, 1965

Coming into Operation .... 1st September, 1965

AT THE COURT AT BUCKINGHAM PALACE,
the 3rd day of August, 1965.

PRESENT:

THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL

Whereas by virtue of Sections 418, 424 and 738 of the Merchant Shipping Act 1894 as amended by section 52 (1) of the Civil Aviation Act 1949, and of that Act as extended to the Isle of Man and the Channel Islands, Her Majesty may by Order in Council on the joint recommendation of the Secretary of State, the Minister of Aviation and the Board of Trade make Regulations for the prevention of collisions at sea (referred to in the said Acts as "the Collision Regulations") and may, if it appears to Her Majesty that the government of any foreign country is willing that those Regulations should apply to ships and seaplanes of that country while beyond the limits of British jurisdiction, direct that they shall so apply:

And whereas section 59 (2) of the Civil Aviation Act 1949 and of that Act as extended as aforesaid makes provision for the extension by Order in Council of the extraterritorial operation of the Collision Regulations to British aircraft registered in any country or territory mentioned in Section 66 (1) of the said Act or registered in the Isle of Man or the Channel Islands:

And whereas by virtue of Section 21 of the Merchant Shipping (Safety Convention) Act 1945 and Section 734 of the Merchant Shipping Act 1894 Her Majesty may by Order in Council prescribe what signals may be used by ships as signals of distress at sea and may at the request of the government of a foreign country extend the application of that section to ship of that country while not locally within the jurisdiction of that country:

And whereas the Secretary of State, the Minister of Aviation and the Board of Trade have recommended Her Majesty to give effect to the International Regulations for Preventing Collisions at Sea 1960 set out in Schedule 1 to this Order (other than Rule 31 thereof) as the Collision Regulations for the purposes of the above mentioned enactments:

And whereas it appears to Her Majesty that the governments of the foreign countries specified in Schedule 2 to this Order are willing that those Regulations should apply to ships and seaplanes of their respective countries while outside British jurisdiction and are desirous that the provisions of the said Section 21 should apply to such ships while not within their respective territorial jurisdictions:

Now, therefore, Her Majesty in pursuance of the aforesaid powers and all other powers enabling Her in that behalf is pleased, by and with the advice of Her Privy Council, to order and direct, and it is hereby ordered and directed, as follows:-

1. The International Regulations for Preventing Collisions at Sea 1960 set out in Schedule 1 to this Order shall, with the exception of Rule 31 thereof, have effect as the Collision Regulations for the purposes of the Merchant Shipping Act 1894 as amended by the Civil Aviation Act 1949 and by that Act as extended to the Isle of Man and the Channel Islands, and are hereinafter referred to as "the Collision Regulations".

2. The Collision Regulations shall apply to British seaplanes on the surface of the water which are registered in any country or territory mentioned in subsection (1) of Section 66 of the Civil Aviation Act 1949, or in the Isle of Man or the Channel Islands, wherever such seaplanes may be.

3. The Collision Regulations shall apply to all ships and to all seaplanes on the surface of the water which are ships or seaplanes of the foreign countries specified in Schedule 2 to this Order, whether such ships and seaplanes are within British jurisdiction or not, and such ships and seaplanes shall, for the purposes of the Collision Regulations, be treated as if they were British ships and British seaplanes respectively.

4. (1) The signals specified in Rule 31 (a) of the aforesaid International Regulations for Preventing Collisions at Sea 1960 and in the Note appended to that Rule are hereby prescribed for the purposes of Section 21 of the Merchant Shipping (Safety Convention) Act 1949 as the signals which are to be used by ships as signals of distress.

(2) The provisions of the said Section 21 shall apply to ships of the foreign countries specified in Schedule 2 to this Order, whether such ships are within British jurisdiction or not, as if those ships were British ships.

5. Nothing in the foregoing provisions of this Order shall be taken to authorise the prosecution of the master or owner of a foreign ship or the pilot or owner of a foreign seaplane for any offence consisting only of an act or omission outside British jurisdiction.

6. (1) The Interpretation Act 1889 shall apply to the interpretation of this Order as if this Order as if this Order and the Order hereby revoked were Acts of Parliament.

(2) The Collision Regulations (Ships and Seaplanes on the Water) and Signals of Distress (Ships) Order 1953 is hereby revolved.

(3) This Order may be cited as the Collision Regulations (Ships and Seaplanes on the Water) and Signals of Distress (Ships) Order 1965 and shall come into operation on 1st September 1965:

Provided that it shall not apply in relation to any ship or sea-planes until noon on that date by the local time in the area in which that ship or seaplane is situated.

W.G.Agnew

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