Merchant Shipping Legislation

Page 829


Miscellaneous Provisions

20.1 Merchant Shipping Act 1995

Subordinate legislation

Regulations, rules and orders, etc

  • 306 – [(1) Subject to subsection (1A) below, any power of the Secretary of State to make regulations, orders or rules under this Act shall be exercisable by statutory instrument.
  • (1A) Subsection (1) above does not apply to –
    • (a) rules made under section 91; or
    • (b) any instrument made under section 128(4)(f) other than an instrument containing regulations.]
  • [(2) Subject to subsection (2A) below –
    • (a) any statutory instrument containing regulations under this Act (including such an instrument made by virtue of section 128(4)(f) or 182B(4)(e)), and
    • (b) any statutory instrument containing an order or rules made under this Act,
    shall be subject to annulment in pursuance of a resolution of either House of Parliament.
  • (2A) Subsection (2) above does not apply to –
    • (a) regulations made under section 130A, 259(8) or 260(3) or Schedule 11A;
    • (b) commencement orders;
    • (c) any order made under section 216(2), 223(3), paragraph 8 of Part II of Schedule 7, or any provision of Schedule 14.]
  • (3) Any statutory instrument containing an Order in Council under this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament but this subsection does not apply to Orders under section 2(4), 128, 129, 152(2), 172(2), [182B(1)] 183, 184, [185(2A) or (2B)] 224, 308 or 315(2) or … paragraph 10 of Part II of Schedule 6 or paragraph 13 of Part II of Schedule 7.
  • (4) Before making the following regulations, rules or orders, namely –
    • (a) regulations under Part III or under [section 108 or 130A];
    • (b) rules under Chapter II of Part V;
    • (c) an order under section 311;
    the Secretary of State shall consult with organisations in the United Kingdom appearing to him representative of persons who will be affected by the regulations, rules or orders.
  • (5) Any direction, notice, order or authorisation under this Act given or made by the Secretary of State shall be in writing.
  • (6) Any power to give a direction includes power to vary or revoke the direction by a subsequent direction.

20.2 Notes

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, click Log In button.

Copyright © 2024 Maritime Insights & Intelligence Limited. Maritime Insights & Intelligence Limited is registered in England and Wales with company number 13831625 and address 5th Floor, 10 St Bride Street, London, EC4A 4AD, United Kingdom. Lloyd's List Intelligence is a trading name of Maritime Insights & Intelligence Limited.

Lloyd's is the registered trademark of the Society Incorporated by the Lloyd's Act 1871 by the name of Lloyd's.