Hovercraft (Application of Enactments) (Amendment) Order 2025

Lord Kirkhope of Harrogate Excerpts

Wednesday 10th September 2025 Grand Committee

[Lord Kirkhope of Harrogate (Con)]

My Lords, I shall intervene reasonably briefly on this matter and, in doing so, I declare my interest not as someone who has captained or flown a hovercraft but as a holder of a private pilot’s licence in aviation. In probing this matter, I first refer to the definition of a hovercraft, not from a maritime document but from Aviation World, which says:

“A hovercraft is a type of vehicle that is designed to travel over a variety of surfaces, including land, water, and ice, using a cushion of air. The vehicle is propelled by one or more fans, which create an air flow that lifts the hovercraft off the ground and allows it to ‘float’ on the surface”.


“One of the key features of a hovercraft is its versatility. Unlike boats, which are limited to water, and cars, which are limited to roads, a hovercraft can travel over a wide range of terrains”—


this is getting to my point—

“including mud, sand, grass, and even shallow water. This makes them ideal for rescue operations, transportation in marshy or wetland areas and for military uses”.

The Minister has rightly mentioned that, at the present time, there is very limited commercial use of hovercraft in this country. He referred to the Solent, where hovercraft are in use, but I point out to him that there is considerable and increasing use of hovercraft on the land and in the military, and their uses are always being looked at and developed. I am proud to say that this was a design patented by a UK citizen, Christopher Cockerell, in 1955. For a long time, we developed the commercial use of these craft, particularly in the channel and elsewhere. The world did not directly follow us in that way, but it then started to look at alternative uses.

I come to the points of probing that I would like to make to the Minister. First, these are inevitably maritime regulations. In fact, looking at the commercial use of hovercraft, I assume that they are always of the feminine gender, because they follow ships and boats, which tend to have that designation—it is not quite the same with the Army, which I do not think would do that. I would like a little explanation on the following. We are making maritime law apply to the use of hovercraft, yet the use of hovercraft in a maritime setting is diminishing while their use across land and other surfaces is increasing. Can the Minister help me understand how the regulations apply to hovercraft that are not on the sea or water?

Also, in relation to the issues he mentioned of pollution, casualties and safety requirements, what measures are there to protect people? What measures are there in relation to pollution in the environmental setting as they relate to these vehicles or crafts?

Finally, on insurance, it is interesting that in the maritime setting ships tend to be insured through Lloyd’s Register and tend to be insured specifically on a maritime basis. Is the insurance of hovercraft required to fit in with maritime law in this way, or is it covered in some other manner?

I hope that my short contribution has not confused anybody, but it seems to me that these narrower provisions before us today, which are drafted on a maritime basis, do not necessarily reflect the reality of the use of this wonderful invention of Christoper Cockerell.

--- Later in debate ---

[Lord Hendy of Richmond Hill (Lab)]

My Lords, I thank all noble Lords for their consideration of this draft order. I am grateful for the scrutiny and interest shown in ensuring our maritime legislation remains coherent and fit for purpose.

The noble Lord, Lord Kirkhope of Harrogate, spoke eloquently about the varied use of hovercraft other than in the circumstances in which they are currently principally used for marine purposes. My assurance is that these regulations cover the use of hovercraft in the sea and near the sea; the use of them on land is outside the scope of this legislation. I will write to him further about what I can tell him about the use of hovercraft on land. Of course, we have to, and should, take proper account of their use in commercial service in the remaining service within which they operate. It is important, therefore, that the regulations are up to date. The intention is to keep them up to date in order that that service can continue for as long as possible.

I note that the noble Lord, Lord Greenway, like the noble Lord, Lord Kirkhope, gave us a very clear understanding of the history of hovercraft. He referred to two serious accidents, which is, of course, the reason why these regulations should be kept up to date and that the hovercraft in service that the public are currently using are properly regulated.

We do not intend to withdraw the order, because it is necessary to ensure that we have continuous and proper regulation of hovercraft. This order is the means of doing that.

The noble Lord, Lord Moylan, asked about the fee calculation. The fees are calculated at a cost recovery level. There are no new fees or increases to fees. There would be full consultation before there were to be any new or increased fees. I believe that answers the point raised by the noble Lord.

As I said, there was no consultation because there was no material difference, but the department is in constant discussion with the operators of the remaining hovercraft service—principally, as noble Lords may know, about the controversy over the level and quality of all services to the Isle of Wight.

[Lord Kirkhope of Harrogate (Con)]

I am sorry to interrupt the Minister mid flow. He very kindly suggested that he would write to me. I know that the maritime regulations are narrow, as he said, in that, according to this, they cover the operation of the hovercraft only on the sea or, presumably, on water. But a lot of the hovercraft now deployed, particularly military and others, combine running on water, land, across mud and across ice. That is the whole joy of the air cushion. They do not run on roads, so we cannot talk about Road Traffic Acts or anything like that. It is of great interest to me to know how these regulations are applied, particularly in a multi-use case such as that or, indeed, where they never go near water. That is what I am puzzled about. I realise that this measure is not about that, and I do not want to spoil it like that, but if the Minister could ask officials and so on to write to me about that, I would be so grateful.

[Lord Hendy of Richmond Hill (Lab)]

The noble Lord raises a valued point, and I will write to him fully. The intention of this order is only to cope with their maritime use and the marginal use of the slipway at each side of the Solent. I will write to the noble Lord separately about his valuable point, because it is clear that some regulation ought to apply. But I am assured that the intention of the order is to regulate these craft in respect of their use on and absolutely near the sea, on the slipways. So I completely understand his point. I will write to him as fully as I am able about what applies in the circumstances in which those craft are used on land.

Suffice it to say that, although safety and other environmental protections are absolutely needed, the primary intention of the order is to continue to regulate hovercraft in public service—on the remaining public service in which they are used—in an up-to-date manner. The noble Lord, Lord Greenway, referred to two serious incidents over the course of the years, and I am sure that noble Lords would agree with me that it is absolutely essential that the regulations are kept in order so that, were there to be any such incident, it would be properly dealt with.

The noble Lord, Lord Moylan, raised the question of ambulatory reference. I am not able to tell him whether this applies anywhere else, but I handily have some remarks about ambulatory reference in this particular circumstance. It is a reference in domestic legislation to an international instrument that is interpreted as a reference to the international instrument as modified from time to time and not simply the version of the instrument that exists at the time that the domestic legislation is made.

The Deregulation Act 2015 gave a power, through an amendment to the Merchant Shipping Act 1995 by inserting new Section 306A, to include ambulatory references in domestic maritime legislation implementing international agreements—namely, ones not derived from the European Union. Using ambulatory references in merchant shipping legislation is a useful means of ensuring that secondary legislation gives full effect to future technical amendments to existing international maritime conventions that are adopted by the International Maritime Organization—IMO—and that the UK has already implemented. These include, but are not limited to, the International Convention for the Safety of Life at Sea of 1974 and the International Convention for the Prevention of Pollution from Ships of 1973. These conventions are regularly updated.

It is to the benefit of the UK shipping industry to have a mechanism whereby domestic shipping legislation can remain up to date with the international standards. It maintains an international level playing field and ensures that UK shipping complies with the requirements of any other International Maritime Organization member state to which that UK shipping travels.

Although ambulatory reference provision in domestic law allows future amendments to international conventions to be incorporated automatically into domestic law, the United Kingdom will nevertheless be able to continue to scrutinise and, if necessary, object to proposed changes in the international arena in the International Maritime Organization and assess their impact well before any amendment is due to come into force, which will inform decision-making.

United Kingdom industry and worker stakeholders will also be involved at the stage that the United Kingdom negotiating strategy is formulated, and they will be able to influence it. Some principal stakeholders representing industry and workers are affiliated to non-government international organisations, which have been granted consultative status at the IMO and make substantial contributions to the work of the IMO, contributing sector knowledge, insight and expertise.

If an amendment is objected to by the United Kingdom, it will come into force internationally. The Secretary of State will make amending secondary legislation to prevent that amendment coming into force domestically. An amendment that is accepted will, before coming into force in UK law, be publicised by means of a parliamentary Statement to both Houses of Parliament and the subject of guidance issued by the Maritime and Coastguard Agency.

I am sure the noble Lord, Lord Moylan, would not want the UK’s shipping industry to be burdened by the failure to comply with the IMO. I believe that the statement I made in respect of ambulatory reference deals with the necessary scrutiny, both to amendments that are objected to by the United Kingdom and to those that are accepted.

I have attempted, at least, to deal with the points raised by noble Lords this afternoon. This order is necessary to ensure that hovercraft remain subject to the same safety and pollution prevention requirements as ships, where applicable. It strengthens our maritime regulatory regime and ensures consistency across vessel types. I will write to the noble Lord on the subject that he requests further information on—I am very happy to do so. I hope that noble Lords have found this informative and that they will join me in supporting these measures.