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The Merchant Shipping Act 1988 (c. 12) was an Act of Parliament of the United Kingdom. It aimed to prevent foreign fishing fleets from fishing in British territorial waters. In the Factortame case, its provisions in Parts I and II, Registration of British Ships, were disapplied by the Judicial functions of the European court of justice when they were found to conflict with European Community law and the
Common Fisheries Policy The Common Fisheries Policy (CFP) is the fishery, fisheries policy of the European Union (EU). It sets quotas for which Member state of the European Union, member states are allowed to catch each type of fish, as well as encouraging the fishin ...
which stated British waters were the EUs too. Part II dealt only with fishing vessels and was found to be repugnant by the
European Court of Justice The European Court of Justice (ECJ), officially the Court of Justice (), is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Union, it is tasked with interpreting ...
. The subsequent definition of British Ships is found in the
Merchant Shipping Act 1995 The Merchant Shipping Act 1995 (c. 21) is an act of Parliament passed in the United Kingdom in 1995. It consolidated much of the UK's maritime legislation, repealing several acts in their entirety and provisions in many more, some dating back t ...
.


See also

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Merchant Shipping Act Merchant Shipping Act (with its variations) is a stock short title used in Malaysia and the United Kingdom for legislation relating to merchant shipping. Merchant shipping acts and regulations also exist as well in other countries, and they are so ...


External links


The text of the statute as amended and (not) in force today from the Statute Law Database
{{Authority control United Kingdom Acts of Parliament 1988 Merchant Shipping Acts Fisheries law