PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) ACT 1983 - SECT 34 Orders

PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) ACT 1983 - SECT 34

  (1)   The Authority may, by legislative instrument, make orders ( Marine Orders ) with respect to any matter for or in relation to which provision may be made by the regulations, other than matters referred to in paragraph   33(1)(f).

Note:   Part   4 of Chapter   3 of the Legislation Act 2003 , which deals with sunsetting of legislative instruments, does not apply to an order under this subsection   (see regulations made for the purposes of subsection   54(2) of that Act).

  (4)   Unless the contrary intention appears, expressions used in orders have the same meanings as in this Act.

  (5)   Orders shall be read subject to this Act and the regulations and so as not to exceed the power conferred by this Act and the regulations to the intent that, where such orders would, but for this subsection, have been construed as being in excess of the power conferred by this Act and the regulations, they shall be deemed to be valid orders to the extent to which they are not in excess of that power.

  (6)   Where a provision of an order is inconsistent with a provision of this Act or the regulations, the latter shall prevail and the former shall, to the extent of the inconsistency, be of no force or effect.

  (8)   Despite section   14 of the Legislation Act 2003 , an order may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other document:

  (a)   as in force or existing at a particular time; or

  (b)   as in force or existing from time to time;

even if the instrument or other document does not exist when the order comes into operation.