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Regulations to implement the 2002 Protocol to the Athens Convention relating to the carriage of passengers and their luggage by sea: Law drafting instructions

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A decision made 28 October 2016:

Decision Reference: MD-E-2016-0049

Decision Summary Title :

Athens Protocol

Date of Decision Summary:

21 October 2016

Decision Summary Author:

 

Head of Maritime Administration

Decision Summary:

Public or Exempt?

 

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/a

Written Report

Title :

Law Drafting Instructions – Regulations to implement the 2002 Athens Protocol

Date of Written Report:

21 October 2016

Written Report Author:

Head of Maritime Administration

Written Report :

Public or Exempt?

 

Report – public

 

Instructions - Exempt article 36(1)

Subject: Law Drafting Instructions – Regulations to implement the 2002 Protocol to the Athens Convention relating to the carriage of passengers and their luggage by sea.

 

Decision(s):

The Minister approved the law drafting instructions aimed at increasing the limits of liability for carriers and introducing compulsory insurance.

 

Reason(s) for Decision:

The current Convention, dating from 1989, applies to Jersey. The liability levels are well out-of-date. After resolution of protracted issues concerning insurance and the workability of new procedures, the UK ratified the protocol in 2014. International voyages are already affected and UK domestic voyages will be affected from December 2016.

The Island has indicated its wish to follow suit and this is in the interests of sea passengers travelling to and from Jersey as well as potentially for those in Jersey vessels overseas. The authority to implement the changes rests with the Shipping (Jersey) Law 2002 and it is therefore now time to act.

 

Resource Implications: There are no new financial, property, ICT or human resources issues arising.

 

Action required: The Law Draftsman is requested to develop the appropriate Regulations and Order.

 

Signature: Senator L J Farnham

Position:

Minister for Economic Development, Tourism, Sport and Culture

Date Signed:

Date of Decision (If different from Date Signed):

 

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