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A LAW to amend the Shipping (Jersey) Law 2002, the Shipping (Oil Pollution) (Liability and Compensation) (Jersey) Law 2015 and the Employment (Jersey) Law 2003 in relation to the implementation of International Maritime Organization conventions, and for connected purposes.

THE STATES, subject to the sanction of His Most Excellent Majesty in Council, have adopted the following Law –

(1)     The States may by Regulations –

(a)     give effect to –

(i)      the Convention on or after its ratification by the United Kingdom; and

(ii)      a revision of the Convention –

(A)    that appears to the Minister to have been agreed to by the Government of the United Kingdom; and

(B)     if the Convention is amended by a procedure for tacit acceptance of revisions (the “tacit acceptance procedure”), that appears to the Minister to have been recognised by the Government of the United Kingdom as having effect (regardless of whether the Government of the United Kingdom objected to that revision under the tacit acceptance procedure); and

(b)     provide that, if the Convention is replaced by another international agreement, a reference to it in the Regulations is construed as a reference to that other international agreement.

(1A)  If Regulations make provision in exercise of the power in paragraph (1), they   may make provision about when the revision, or other international agreement, is treated as having effect in Jersey.

(1B)   For the purposes of paragraphs (1) and (1A), “international agreement” means an international convention or treaty issued by the International Maritime Organization that has been ratified by the United Kingdom on behalf of Jersey, or an agreement made under such a convention or treaty.

“offshore installation” has the meaning given in regulation 3 of the Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995 of the United Kingdom (S.I. 1995/738);

“pipeline” has the meaning given in article 6(2) of the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2013 of the United Kingdom (S.I. 2013/240), but excluding the words “but not including a pipeline of which no initial or terminal point is situated in the United Kingdom, within the territorial sea adjacent to the United Kingdom, or within a designated area”;

(1A)  If Regulations make provision in exercise of the power in paragraph (1)(a), they may make provision for the application of the instrument as it has effect in the United Kingdom from time to time.

(1B)   The States may by Regulations provide that if an Order makes provision in exercise of the power in paragraph (1)(a), it may make provision for the application of the instrument as it has effect in the United Kingdom from time to time.

(4)     The States may by Regulations provide for the Minister to have a power or duty to make, by Order, any provision that the States may make by Regulations under this Law (other than provision that may be made by Regulations under paragraph (1A) or (1B) or this paragraph).

196A Implementation of international agreements

(1)     In this Article, “international agreement” means an international convention or treaty issued by the International Maritime Organization that has been ratified by the United Kingdom on behalf of Jersey, or an agreement made under such a convention or treaty.

(2)     The States may by Regulations make provision that appears to them to be necessary or expedient for the purposes of –

(a)     implementing an international agreement; and

(b)     dealing with matters arising out of or related to an international agreement.

(3)     Regulations under paragraph (2) may amend any enactment and make any other provision that may be made by a Law.

(4)     Paragraph (5) applies if Regulations or an Order made under this Law (“subordinate legislation”) give effect to, or otherwise refer to, an international agreement.

(5)     The subordinate legislation may –

(a)     refer to the international agreement as amended –

(i)      by any revision that appears to the Minister to have been agreed to by the Government of the United Kingdom; and

(ii)      if the international agreement may be amended by a procedure for tacit acceptance of revisions (the “tacit acceptance procedure”), by any revision that appears to the Minister to have been recognised by the Government of the United Kingdom as having effect (regardless of whether the Government of the United Kingdom objected to that revision under the tacit acceptance procedure); and

(b)     provide that, if the international agreement is replaced by another international agreement, a reference to it in that subordinate legislation is construed as a reference to that other international agreement.

(6)     If subordinate legislation makes provision in exercise of the power in paragraph (5), it may make provision about when the revision, or other international agreement, is treated as having effect in Jersey.

(7)     Nothing in this Law affects the duties of the Minister under the Treaties (Jersey) Law 202-.

(3)     Article 5 of the Legislation (Jersey) Law 2021 applies to an Act or subordinate legislation of the United Kingdom that applies to Jersey, by virtue of its own provision or by Order in Council and of being registered in the Royal Court, as it applies to Jersey legislation.

35      Implementation of international agreements

(1)     In this Article, “international agreement” means –

(a)     the Fund Convention;

(b)     the Liability Convention;

(c)     the Supplementary Fund Protocol;

(d)     the International Convention on Tonnage Measurement of Ships 1969; and

(e)     any other international convention or treaty issued by the International Maritime Organization that has been ratified by the United Kingdom on behalf of Jersey, or an agreement made under such a convention or treaty.

(2)     The States may by Regulations make provision that appears to them to be necessary or expedient for the purposes of –

(a)     implementing an international agreement; and

(b)     dealing with matters arising out of or related to an international agreement.

(3)     Regulations under paragraph (2) may amend any enactment and make any other provision that may be made by a Law.

(4)     Regulations under paragraph (2) may in particular amend this Law to provide that –

(a)     a reference in this Law, or in Regulations or an Order made under it, to an international agreement –

(i)      is to that international agreement as amended –

(A)    by any revision that appears to the Minister to have been agreed to by the Government of the United Kingdom; and

(B)     if the international agreement may be amended by a procedure for tacit acceptance of revisions (the “tacit acceptance procedure”), by any revision that appears to the Minister to have been recognised by the Government of the United Kingdom as having effect (regardless of whether the Government of the United Kingdom objected to that revision under the tacit acceptance procedure); and

(ii)      if that international agreement is replaced by another international agreement, is construed as a reference to that other international agreement; and

(b)     Regulations or an Order made under this Law may make reference to an international agreement as described in sub-paragraph (a).

(5)     If Regulations or an Order make provision as described in paragraph (4), they may make provision about when the revision, or other international agreement, is treated as having effect in Jersey.

(6)     Nothing in this Law affects the duties of the Minister under the Treaties (Jersey) Law 202-.

(5A)  But if Article 34 (fitness for duty) of the Shipping (Standards of Training, Certification and Watchkeeping) (Jersey) Order 2021 (the “2021 Order”) applies to an employee –

(a)     paragraphs (1) to (2B) and (3) to (5) do not apply in relation to the employee; and

(b)     paragraph (2C) applies in relation to the employee with the following modifications –

(i)      for “the entitlement conferred by paragraph (1) or (2)” there is substituted “the entitlement conferred by Article 34 of the 2021 Order”; and

(ii)      for “in accordance with paragraph (2B)” there is substituted “in accordance with Article 34(9) of the 2021 Order”.