Statutory Instrument 1987 No. 1263

The Admiralty Jurisdiction (Gibraltar) Order 1987

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© Crown Copyright 1987

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1987 No. 1263

OVERSEAS TERRITORIES

The Admiralty Jurisdiction (Gibraltar) Order 1987

At the Court at Buckingham Palace, the 21st day of July 1987

Present,

The Queen's Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by section 150 of the Supreme Court Act 1981^[1], section 18(1) of the Merchant Shipping (Oil Pollution) Act 1971^[2], section 20(1) of the Merchant Shipping Act 1974^[3] and section 738(1) of the Merchant Shipping Act 1894^[4], and all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

Citation, Commencement and Revocation
    1.—(1)  This Order may be cited as the Admiralty Jurisdiction (Gibraltar) Order 1987 and shall come into force on 19th August 1987.

    (2)  The Admiralty Jurisdiction (Gibraltar) Order in Council, 1961^[5] is hereby revoked.

Admiralty jurisdiction of the Supreme Court of Gibraltar
    2.    The Colonial Courts of Admiralty Act 1890^[6] shall, in relation to the Supreme Court of Gibraltar, have effect as if for the reference in section 2(2) thereof to the Admiralty jurisdiction of the High Court in England there were substituted a reference to the Admiralty jurisdiction of that court as defined by section 20 of the Supreme Court Act 1981, subject to the adaptations and modifications of the said section 20 that are specified in Schedule 1 to this Order.

Application of provisions of the Supreme Court Act 1981 to Gibraltar
    3.    The provisions of sections 21, 22, 23 and 24 of Part II of the Supreme Court Act 1981 shall extend to Gibraltar with the adaptations and modifications that are specified in Column 2 of Schedule 2 to this Order.

Consequential and General
    4.    Section 13(1) of the Merchant Shipping (Oil Pollution) Act 1971 and section 6(1) of the Merchant Shipping Act 1974, as extended to Gibraltar by the Merchant Shipping (Oil Pollution) (Gibraltar) Order 1976^[7], are hereby repealed.

    5.    Save as is expressly provided otherwise in the Schedules to this Order, any reference therein, or in section 20, 21, 22, 23 or 24 of the Supreme Court Act 1981, to any enactment of the United Kingdom shall be construed for the purposes of this Order as a reference to that enactment as applying or extended to Gibraltar.

G. I. de Deney

Clerk of the Privy Council

[1] 1981 c. 54. back

[2] 1971 c. 59. back

[3] 1974 c. 43. back

[4] 1894 c. 60. back

[5] S.I. 1961/2031. back

[6] 1890 c. 27. back

[7] S.I. 1976/53. back

Explanatory Note