Shipping Legislation: Minor and Routine Amendments

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A decision made on 8 April 2010 regarding routine and minor amendments to shipping legislation

Decision Reference: MD-E-2010-0067
Decision Summary Title :	Minor and Routine Amendments to Shipping Legislation		Date of Decision Summary:	6 April 2010
Decision Summary Author:	Registrar of Shipping		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title :	Shipping Law Amendments		Date of Written Report:	18 March 2010
Written Report Author:	Registrar of Shipping		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Shipping (Jersey) Law 2002: Minor and Routine Amendments
Decision(s): The Minister agreed that the Shipping (Jersey) Law 2002, as amended, should be further amended – (i) to allow for the Registrar or other nominated officer to assist in enforcement should Jersey ships fly the incorrect ensign or flag; (ii) to extend the power to refuse or discontinue registration of a ship where it would not be in the Island’s interests or that of merchant shipping generally; and (iii) to modify the structure of relevant Regulations where they do not entirely reflect the relevant primary Law provision. The Minister requested the Law Draftsman to prepare the necessary amendment on the basis of a brief to be provided by the Department.
Reason(s) for Decision: These are minor and routine changes to ensure the maintenance of effective maritime legislation. The Law Draftsman has agreed that they can be undertaken within the allowance for such matters.
Resource Implications: There are no new financial, property, ICT or human resources issues arising.
Action required: Officers will ensure the submission of the Law Drafting Instructions.
Signature: Senator A.J.H.Maclean		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):

Shipping Legislation: Minor and Routine Amendments

Amendments to the Shipping Law and Registration Regulations

Background

Carrying of colours

The current provisions restrict the power to confiscate a ship’s flag or ensign (known generally as ‘colours’) to commissioned naval or military officers, customs officers or Consular officers.

For local enforcement, the effect is to place a burden on customs officers alone. In the context that the Island may introduce a new, specifically Jersey Red Ensign, it will be more straightforward and effective if the Registrar or other nominated officer can also carry out this function.

Refusal to register or to renew registration of a Jersey ship

These are important powers for maintaining safety and environmental standards.

Increasingly such powers are also seen as important for ‘know your customer’ issues, ship security and the international reputation of a Flag State. However, the current legal provision is too narrowly drafted to be of use in these areas. Without such powers and their appropriate use, a Flag State could soon be seen as a ‘Flag of Convenience’ and for that reason member jurisdictions of the Red Ensign Group are being encouraged to extend this provision. It is noted that other jurisdictions, such as the Isle of Man, already have this power.

An additional issue is that the structure and possibly the meaning of the relevant Regulations differ from that authorised by the primary Law. This difference has unintentionally limited in different ways the power to refuse registration or to terminate registration.

Core Aims

1. Draft amendments to the Shipping (Jersey) Law 2002:

(i) To add to the named persons who can enforce the correct wearing of colours and ensigns in Jersey ships.

(ii) To improve the ability of the Registrar to refuse to register or to terminate registration of a ship where such actions would be appropriate in the given circumstances.

2. Draft amendments to the Shipping (Registration) (Jersey) Regulations consequential to item 1. (ii) above.

Recommendation

The Minister is recommended to authorise the submission of Law Drafting Instructions to achieve the above aims.

Registrar of Shipping

18 March 2010