S.I. No. 255/1937 - Merchant Shipping (Spanish Civil War) (No. 3) Order, 1937.

SAORSTÁT EIREANN. STATUTORY RULES AND ORDERS. 1937. No. 255.

MERCHANT SHIPPING (SPANISH CIVIL WAR) (No. 3) ORDER, 1937.

WHEREAS the Merchant Shipping (Spanish Civil War) Act, 1937 (No. 9 of 1937) came into operation on the 20th day of March, 1937, by virtue of the Merchant Shipping (Spanish Civil War) Act, 1937 (Commencement) Order, 1937 (Statutory Rules and Orders, No. 51 of 1937), and the operation of the said Act was continued until the expiration of the 19th day of March, 1938, by virtue of the Merchant Shipping) Spanish Civil War) Act, 1937 (Continuation) Order, 1937 (Statutory Rules and Orders, No 245 of 1937):

AND WHEREAS it is enacted by sub-section (3) of section 4 of the said Merchant Shipping (Spanish Civil War) Act, 1937 , that the Minister for Industry and Commerce may by order revoke or amend any order previously made by him under the said section 4:

AND WHEREAS the Merchant Shipping (Spanish Civil War) Order, 1937 (Statutory Rules and Orders, No. 76 of 1937), and the Merchant Shipping (Spanish Civil War) (No. 2) Order, 1937 (Statutory Rules and Orders, No. 104 of 1937), were made by the said Minister under the said section:

NOW, I, SEÁN F. LEMASS, Minister for Industry and Commerce, in exercise of the powers conferred on me by sub-section (3) of section 4 of the Merchant Shipping (Spanish Civil War) Act, 1937 (No. 9 of 1937), and of every and any other power me in this behalf enabling, hereby order as follows, that is to say:—

1 Short title.

1. This Order may be cited as the Merchant Shipping (Spanish Civil War) (No. 3) Order, 1937.

2 Interpretation.

2. The Interpretation Act, 1923 (No. 46 of 1923), applies to the interpretation of this Order in like manner as it applies to the interpretation of an Act of the Oireachtas.

3 "The Principal Order."

3. In this Order the expression "the Principal Order" means the Merchant Shipping (Spanish Civil War) Order, 1937 (Statutory Rules and Orders, No. 76 of 1937).

4 Amendment of Article 5 of the Principal Order.

4. (1) Article 5 of the Principal Order is hereby amended by the deletion of sub-article (3) and the substitution therefor of the following sub-article, that is to say:—

"(3) In this Article the expression "the appropriate port" used in relation to a Saorstát Eireann merchant ship proceeding to Spain—

(a) in case such ship is passing in either direction through the Straits of Gibraltar before calling at any Spanish port, means Gibraltar, and

(b) in case such ship is not passing in either direction through the Straits of Gibraltar before calling at any Spanish port, means—

(i) if such ship is passing through the English Channel on her way to a Spanish port from a port lying to the north of Dover and provided that neither sub-paragraph (xii) nor sub-paragraph (xiii) of this paragraph applies to such ship—Dover,

(ii) if such ship is proceeding to a Spanish port from a port in the English Channel South of Dover and provided that neither sub-paragraph (i) nor sub-paragraph (xii) nor sub-paragraph (xiii) nor sub-paragraph (xiv) of this paragraph applies to such ship—Dover or Falmouth,

(iii) if such ship is proceeding from Saorstát Eireann or from Northern Ireland or from the west coast of Scotland or from the Irish and Bristol Channels and provided that neither sub-paragraph (xii) nor sub-paragraph (xiii) of this paragraph applies to such ship—Falmouth,

(iv) if such ship is proceeding from a French Atlantic or Biscayan port south of Brest and provided that sub-paragraph (i) of this paragraph does not apply to such ship—Le Verdon,

(v) if such ship is proceeding westward through the Mediterranean Sea or from a port therein east of longtitude 12° East—Palermo or Marseille,

(vi) if such ship is proceeding from a North African port west of longitude 12° East and provided that sub-paragraph (v) of this paragraph does not apply to such ship—Oran,

(vii) if such ship is proceedings from a port on the French or Italian coast between Marseille and longitude 12° East or from Corsica or Sardinia and provided that sub-paragraph (v) of this paragraph does not apply to such ship—Marseille,

(viii) if such ship is proceeding from a French Mediterranean port west of Marseille and provided that sub-paragraph (v) of this paragraph does not apply to such ship—Cette,

(ix) if such ship is proceeding from the west of longitude 15° West or is proceeding in the Atlantic from the southward of latitude 28° North—Madeira, Gibraltar or Lisbon,

(x) if such ship is proceeding from a port on the Atlantic seaboard of Morocco—Gibraltar or, in case such ship is proceeding to a Spanish port north of Portugal, Lisbon,

(xi) if such ship is proceeding from a Portuguese port—Lisbon,

(xii) if such ship is proceeding—

I. through the English Channel from a port lying to north of Dover, or

II. from a port in the English Channel lying south of Dover, or

III. from Saorstát Eireann or Northern Ireland or the west coast of Scotland or the Irish or Bristol Channels, or

IV. from a port between Cherbourg and Brest, but before calling at a Spanish port calls at a Portuguese port—Lisbon,

(xiii) if such ship is proceeding—

I. through the English Channel from a port lying to the north of Dover, or

II. from a port in the English Channel lying south of Dover, or

III. from Saorstát Eireann or Northern Ireland or the west coast of Scotland or the Irish or Bristol Channels, or

IV. from a port between Cherbourg and Brest, but before calling at a Spanish port calls at a French port—Dover, Falmouth or Le Verdon,

(xiv) if such ship is proceeding from a port between Cherbourg and Brest and provided that neither sub-paragraph (xii) nor sub-paragraph (xiii) of this paragraph applies to such ship—Falmouth or Le Verdon, and

(c) in any special case as specified by the administrator in charge of any of the following ports, that is to say, Dover, Lisbon, Gibraltar, Marseille, Palermo, Madeira, or in any case of a special class as so specified, means such port as the administrator in question shall, having regard as far as possible to commercial convenience, direct."

(2) This Article shall come into operation on the 1st day of October, 1937, but until the expiration of the 14th day of October, 1937, every reference in this Article to Falmouth shall be construed as a reference to Brest.

5 Revocation of Article 16 of the Principal Order.

5. Article 16 of the Principal Order is hereby revoked.

6 Amendment of Article 18 of the Principal Order.

6. Article 18 of the Principal Order is hereby amended by the deletion of the words "observing officer or officer commanding a vessel of the naval forces of Great Britain and Northern Ireland, France, Germany or Italy" and the substitution therefor of the words "or observing officer".

7 Revocation of the Merchant Shipping (Spanish Civil War) (No. 2) Order, 1937.

7. The Merchant Shipping (Spanish Civil War) (No. 2) Order, 1937 (Statutory Rules and Orders, No. 104 of 1937), is hereby revoked.

Given under my Seal of Office, this 30th day of September, 1937.

(Signed) SEÁN F. LEMASS,

Minister for Industry and Commerce.