Territorial Sea Act 1987 (Jersey) (Amendment) Order 2002
THE
TERRITORIAL SEA ACT 1987 (JERSEY) (AMENDMENT) ORDER 2002
____________
(Registered
on the 8th day of March 2002)
____________
At
the Court at Buckingham
Palace
____________
12th February 2002
____________
PRESENT
The
Queen’s Most Excellent Majesty in Council
____________
HER MAJESTY, in exercise of the powers conferred upon Her by section 4(4) of the Territorial Sea Act 1987, is
pleased, by and with the advice of Her Privy Council, to order, and it is
hereby ordered, as follows -
1. This Order may be cited as
the Territorial Sea Act 1987 (Jersey) (Amendment) Order 2002 and may be cited,
together with the Territorial Sea
Act 1987 (Jersey) Order 1997, as the Territorial Sea
Act 1987 (Jersey) Orders 1997-2002. It
shall come into force on the date on which the Agreement between the United
Kingdom of Great Britain and Northern Ireland and the French
Republic concerning the Establishment
of a Maritime Boundary between France
and Jersey enters into force. That date will
be notified in the London, Edinburgh and Belfast Gazettes.
2. The Territorial Sea Act 1987 (Jersey) Order 19971 is amended as
follows -
(a) paragraph (ii) of the proviso
to section 1 of the Territorial
Sea Act 1987, as extended to the Bailiwick of Jersey with the exceptions,
adaptations and modifications specified in the Schedule to the said Order,
shall be deleted and the following substituted therefor -
“(ii) the seaward limit of the territorial sea
adjacent to the Bailiwick of Jersey between Point 13 and Point 1
indicated in Schedule 3 to this Act shall consist of a series of straight
lines joining, in the sequence given, those two points and Points 14 to 25
indicated in Schedule 4 to this Act.”;
(b) in section 1(7) of the said
Act of 1987, as so extended, for “Schedule 3” there shall be
substituted “Schedules 3 and 4” and paragraph (a) shall
be deleted; and
(c) at the end of Schedule 3 to
the said Act of 1987, as so extended, there shall be added -
“SCHEDULE
4
(Section 1(1)(ii))
LIST OF
POINTS
|
From Point 13 in Schedule 3 to:
|
|
Point
|
Position of Point
|
|
14
|
49°21’.88N
|
01°59’.55W
|
|
15
|
49°19’.00N
|
01°53’.50W
|
|
16
|
49°15’.05N
|
01°50’.00W
|
|
17
|
49°11’.00N
|
01°50’.00W
|
|
18
|
49°03’.95N
|
01°51’.55W
|
|
19
|
48°57’.88N
|
01°56’.57W
|
|
20
|
48°56’.50N
|
01°59’.00W
|
|
21
|
48°53’.00N
|
01°59’.00W
|
|
22
|
48°52’.33N
|
02°05’.00W
|
|
23
|
48°52’.33N
|
02°14’.50W
|
|
24
|
48°55’.67N
|
02°31’.52W
|
|
25
|
49°03’.57N
|
02°31’.52W
|
|
thence to Point 1 in Schedule 3.”.
|
A.K.
GALLOWAY
Clerk of the Privy Council.
ELIZABETH II
TERRITORIAL SEA ACT 1987
1987 CHAPTER 49
AN
ACT to provide for the extent of the territorial
sea adjacent to the British
Islands.
[15th May 1987]
BE
IT ENACTED by the Queen’s Most Excellent
Majesty, by and with the advice and consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assembled, and by the
authority of the same, as follows -
Extension of territorial sea
1.-(1) Subject
to the provisions of this Act -
(a) the breadth of the territorial sea
adjacent to the [Bailiwick of Jersey] shall for all purposes be
12 nautical miles; and
(b) the baselines from which the
breadth of that territorial sea is to be measured shall for all purposes be
those established by Her Majesty by Order in Council.
[Provided
that -
(i) the
seaward limit of the territorial sea adjacent to the Bailiwick of Jersey
between Point 1 and Point 13 indicated in Schedule 3 to this Act
shall consist of a series of straight lines joining, in the sequence given,
Points 1 to 13 indicated in Schedule 3 to this Act; and
[(ii) the seaward limit of the territorial sea
adjacent to the Bailiwick of Jersey between Point 13 and Point 1
indicated in Schedule 3 to this Act shall consist of a series of straight
lines joining, in the sequence given, those two points and Points 14 to 25
indicated in Schedule 4 to this Act.]]
(2) Her Majesty may, for the purpose of
implementing any international agreement or otherwise, by Order in Council
provide that any part of the territorial sea adjacent to the [Bailiwick of
Jersey] shall extend to such line other than that provided for by
subsection (1) above as may be specified in the Order.
(3) In any legal proceedings a
certificate issued by or under the authority of the [Lieutenant Governor]
stating the location of any baseline established under subsection (1)
above shall be conclusive of what is stated in the certificate.
(4) As from the [extension of this
section to the Bailiwick of Jersey] the Territorial Waters Order in Council
1964 and the Territorial Waters (Amendment) Order in Council 1979 shall have
effect for all purposes as if they were Orders in Council made by virtue of
subsection (1)(b) above; and subsection (5) below shall apply to
those Orders as it applies to any other instrument.
(5) Subject to the provisions of this
Act, any enactment [contained in an Act of Parliament] or instrument which
(whether passed or made before or after the [extension of this section to the
Bailiwick of Jersey] contains a reference (however worded) to the territorial
sea adjacent to, or to any part of, the [Bailiwick of Jersey] shall be
construed in accordance with this section and with any provision made, or
having effect as if made, under this section.
(6) Without prejudice to the operation
of subsection (5) above in relation to a reference to the baselines from
which the breadth of the territorial sea adjacent to the [Bailiwick of Jersey]
is measured, nothing in that subsection shall require any reference in any
enactment [contained in an Act of Parliament] or instrument to a specified
distance to be construed as a reference to a distance equal to the breadth of
that territorial sea.
(7) In this section [and in [Schedules 3
and 4] to this Act -
(a) *
*
*
*
*
(b)] “nautical miles” means
international nautical miles of 1,852 metres;
[(c) “straight line” means a
loxodromic line; and
(d) all positions given by means of
co-ordinates are defined on European Datum (1st adjustment 1950).]
[Enactments and provisions not affected
2. Nothing in section 1
above, or in any Order in Council made under that section, shall affect the
operation of any enactment contained in an Act of Parliament, or any provision
made under such an enactment, which relates to sea fisheries and which is passed
or made before the extension of section 1 above to the Bailiwick of Jersey
or the date on which such Order comes into force.]
Amendments and repeals
3.-(1) *
*
*
*
*
*
*
(2) *
*
*
*
*
*
*
(3) *
*
*
*
*
*
*
(4) The enactments mentioned in
Schedule 2 to this Act are hereby repealed to the extent specified in the
third column of that Schedule.
Short title, commencement and extent
4.-(1) This
Act may be cited as the Territorial
Sea Act 1987.
(2) *
*
*
*
*
* *
(3) This Act extends to Northern Ireland.
(4) *
*
*
*
*
*
*
SCHEDULES
SCHEDULE 1
*
*
*
*
*
*
*
SCHEDULE 2
(Section 3)
Repeals
|
Chapter
|
Short title
|
Extent of repeal
|
|
41 & 42 Vict c 73
|
The Territorial Waters Jurisdiction Act 1878
|
In section 7, the definition of “the territorial waters of
Her Majesty’s dominions”, including the words from “and for
the purpose of any offence” to “the territorial waters of Her
Majesty’s dominions”.
|
|
1967 c 41
|
The Marine, &c, Broadcasting Offences Act 1967
|
Section 9(2)
|
|
1967 c 72
|
The Wireless Telegraphy Act 1967
|
Section 9(1)
|
|
*
|
*
*
*
|
*
*
*
|
|
*
|
*
*
*
|
*
*
*
|
[SCHEDULE 3
(Section 1(1)(i))
LIST OF POINTS
[SCHEDULE 4
(Section 1(1)(ii))
LIST OF POINTS
|
From Point 13 in Schedule 3 to:
|
|
Point
|
Position
of Point
|
|
14
|
49°21’.88N
|
01°59’.55W
|
|
15
|
49°19’.00N
|
01°53’.50W
|
|
16
|
49°15’.05N
|
01°50’.00W
|
|
17
|
49°11’.00N
|
01°50’.00W
|
|
18
|
49°03’.95N
|
01°51’.55W
|
|
19
|
48°57’.88N
|
01°56’.57W
|
|
20
|
48°56’.50N
|
01°59’.00W
|
|
21
|
48°53’.00N
|
01°59’.00W
|
|
22
|
48°52’.33N
|
02°05’.00W
|
|
23
|
48°52’.33N
|
02°14’.50W
|
|
24
|
48°55’.67N
|
02°31’.52W
|
|
25
|
49°03’.57N
|
02°31’.52W
|
|
thence to Point 1 in Schedule 3.]
|