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Merchant Shipping Act 1995

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Point in time view as at 15/06/2023.

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Merchant Shipping Act 1995, Part VI is up to date with all changes known to be in force on or before 17 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Part VIU.K. Prevention of Pollution

Chapter IU.K. Pollution Generally

128 Prevention of pollution from ships etc.U.K.

(1)Her Majesty may by Order in Council make such provision as She considers appropriate for the purpose of giving effect to any provision of any of the following which have been ratified by the United Kingdom—

(a)the International Convention for the Prevention of Pollution from Ships (including its protocols, annexes and appendices) which constitutes attachment 1 to the final act of the International Conference on Marine Pollution signed in London on 2nd November 1973;

(b)the Protocol relating to Intervention on the High Seas in Cases of Marine Pollution by Substances other than Oil which constitutes attachment 2 to the final act aforesaid;

(c)the Protocol relating to the said Convention which constitutes attachment 2 to the final act of the International Conference on Tanker Safety and Pollution Prevention signed in London on 17th February 1978;

(d)the International Convention on Oil Pollution Preparedness, Response and Co-operation, 1990 (including the Final Act of the Conference and the attached resolutions) signed in London on 30th November 1990;

[F1(da)the Protocol to amend the Convention for the Prevention of Pollution from Ships signed in London on 26 September 1997 (which added to it Annex VI containing regulations for the prevention of air pollution from ships);]

(e)any international agreement not mentioned in paragraphs (a) to [F2(da)] above which relates to the prevention, reduction or control of pollution of the sea or other waters by matter from ships;

and in paragraph (e) above the reference to an agreement includes an agreement which provides for the modification of another agreement, including the modification of an agreement mentioned in paragraphs (a) to (c) above.

(2)The powers conferred by subsection (1) above to make provision for the purpose of giving effect to an agreement include power to provide for the provision to come into force although the agreement has not come into force.

(3)Without prejudice to the generality of subsection (1) above, an Order under that subsection may in particular include provision—

(a)for applying for the purpose mentioned in that subsection any enactment or instrument relating to the pollution of the sea or other waters and also any of sections 87, 268, 269 and 270;

(b)with respect to the carrying out of surveys and inspections for the purpose aforesaid and the issue, duration and recognition of certificates for that purpose;

(c)for repealing the provisions of any enactment or instrument so far as it appears to Her Majesty that those provisions are not required having regard to any provision made or proposed to be made by virtue of this section;

(d)with respect to the application of the Order to the Crown and the extra-territorial operation of any provision made by or under the Order;

(e)for the extension of any provisions of the Order, with or without modifications, to any relevant British possession;

(f)that a contravention of a provision made by or under the Order shall be an offence punishable on summary conviction by a fine not exceeding the statutory maximum and on conviction on indictment by imprisonment for a term not exceeding two years and a fine;

(g)that any such contravention shall be an offence punishable only on summary conviction by a maximum fine of an amount not exceeding level 5 on the standard scale or such less amount as is prescribed by the Order;

(h)in connection with offences created by or under the Order, corresponding to that made in connection with offences under section 131 by [F3sections 143(6), 144]and 146 (whether by applying, or making provision for the application of, any of those sections, subject to such modifications as may be specified by or under the Order, or otherwise);

(i)for detaining any ship in respect of which such a contravention is suspected to have occurred and, in relation to such a ship, for applying section 284 with such modifications, if any, as are prescribed by the Order;

and nothing in any of the preceding provisions of this subsection shall be construed as prejudicing the generality of any other of those provisions and in particular neither paragraph (f) nor (g) above shall prejudice paragraph (a) above.

F4[(3A)An order under subsection (1) above in pursuance of paragraph (d) of that subsection may include provision imposing on local authorities responsibilities in relation to the preparation, review and implementation of any plans required by the agreement mentioned in that paragraph.]

(4)An Order under subsection (1) above may—

(a)make different provision for different circumstances;

(b)make provision in terms of any document which the Secretary of State or any person considers relevant from time to time;

(c)provide for exemptions from any provisions of the Order;

(d)provide for the delegation of functions exercisable by virtue of the Order;

(e)include such incidental, supplemental and transitional provisions as appear to Her Majesty to be expedient for the purposes of the Order;

(f)authorise the making of regulations and other instruments for any of the purposes of this section (except the purposes of subsection (3)(a) and (c) above) F5. . .; and

(g)provide that any enactment or instrument applied by the Order shall have effect as so applied subject to such modifications as may be specified in the Order.

(5)Where an Order in Council under subsection (1) above authorises the making of regulations for the purpose of giving effect to an agreement mentioned in paragraphs (a) to [F6(da)] or falling within paragraph (e) of that subsection the Order also authorises the making of regulations for the purpose of giving effect to an agreement which provides for the modification of such an agreement.

This subsection applies in relation to Orders in Council and international agreements whenever made.

(6)Regulations made by virtue of paragraph (f) of subsection (4) above may make provision corresponding to the provision authorised for an Order by paragraphs (a) to (e) of subsection (4) above.

(7)An Order in Council in pursuance of subsection (1)(b) or (e) above may apply to areas of land or sea or other United Kingdom waters notwithstanding that the agreement in question does not relate to those areas.

(8)A draft of an Order in Council proposed to be made by virtue of subsection (1) above shall not be submitted to Her Majesty in Council unless—

(a)the draft has been approved by a resolution of each House of Parliament;

(b)the Order is to contain a statement that it is made only for any of the purposes specified in subsection (9) below; or

(c)the Order extends only to a possession mentioned in subsection (3)(e) above.

(9)The purposes referred to in subsection (8)(b) above are—

(a)giving effect to an agreement mentioned in subsection (1)(a) to [F7(da)] above;

(b)providing as authorised by subsection (2) above in relation to such an agreement and the purposes of subsection (5) above;

and a statutory instrument containing an Order which contains a statement that it is made only for any of those purposes shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F3Words in s. 128(3)(h) substituted (17.7.1997) by 1997 c. 28, s. 29(1), Sch. 6 para. 3(2); S.I. 1997/1539, art. 2, Sch.

F4S. 128(3A) inserted (19.3.1997) by 1997 c. 28, ss. 12, 31(4)

F5Words in s. 128(4)(f) repealed (17.7.1997) by 1997 c. 28, s. 29(1)(2), Sch. 6 para. 3(3), Sch. 7 Pt. I; S.I. 1997/1539, art. 2, Sch.

Modifications etc. (not altering text)

129 Further provision for prevention of pollution from ships.U.K.

(1)Her Majesty may by Order in Council make such provision as She considers appropriate for the purpose of giving effect to any provision of the United Nations Convention on the Law of the Sea 1982 (Cmnd 8941) for the protection and preservation of the marine environment from pollution by matter from ships.

(2)Without prejudice to the generality of subsection (1) above, an Order under that subsection may in particular include provision—

(a)corresponding to any provision that is authorised for the purposes of section 128 by subsections (3) and (4) of that section; and

(b)specifying areas of sea above any of the areas for the time being designated under section 1(7) of the M1Continental Shelf Act 1964 as waters within which the jurisdiction and rights of the United Kingdom are exercisable in accordance with Part XII of that Convention for the protection and preservation of the marine environment;

and provision authorising the making of regulations authorises the amendment or revocation of regulations made by virtue of paragraph (f) of the said subsection (4).

(3)A draft of an Order in Council proposed to be made by virtue of subsection (1) above shall not be submitted to Her Majesty in Council unless the draft has been approved by resolution of each House of Parliament.

Modifications etc. (not altering text)

Marginal Citations

130 Regulation of transfers between ships in territorial waters.U.K.

(1)The Secretary of State may by regulations make, in relation to the transfer of cargo, stores, bunker fuel or ballast between ships while within United Kingdom waters, such provision as he considers appropriate for preventing pollution, danger to health or to navigation, or hazards to the environment or to natural resources.

(2)Regulations under this section may, in particular, do any of the following things—

(a)prohibit transfers of any specified description or prohibit transfers if, or unless, carried out in specified areas, circumstances or ways;

(b)make provision about—

(i)the design of, and standards to be met by, ships and equipment,

(ii)the manning of ships, including the qualifications and experience to be possessed by persons of any specified description employed on board, and

(iii)the qualifications and experience to be possessed by persons (whether masters or not) controlling the carrying out of transfers or operations ancillary thereto;

(c)provide for proposed transfers to be notified to and approved by persons appointed by the Secretary of State or another person, and for the supervision of transfers, and the inspection of ships and equipment, by persons so appointed;

(d)provide—

(i)for the procedure to be followed in relation to the approval of transfers to be such as may be prescribed by any document specified in the regulations, and

(ii)for references in the regulations to any document so specified to operate as references to that document as revised or re-issued from time to time;

(e)provide for the making and keeping of records about ships and equipment, the issuing of certificates, and the furnishing of information;

(f)provide for the granting by the Secretary of State or another person of exemptions from specified provisions of the regulations, on such terms (if any) as the Secretary of State or that other person may specify, and for altering or cancelling exemptions;

(g)limit any provision of the regulations to specified cases or kinds of case.

(3)Regulations under this section may provide—

(a)that a contravention of the regulations shall be an offence punishable on summary conviction by [F8a fine not exceeding £25,000] [F8a fine, the amount of which may be limited by the regulations,] and on conviction on indictment by imprisonment for a term not exceeding two years or a fine or both;

(b)that any such contravention shall be an offence punishable only on summary conviction by [F9a fine not exceeding £25,000] [F9a fine, the amount of which may be limited by the regulations;] or such lower amount as is prescribed by the regulations;

(c)that, in such cases as are prescribed by the regulations, such persons as are so prescribed shall each be guilty of an offence created by virtue of paragraph (a) or (b) above.

(4)Regulations under this section may—

(a)make different provision for different classes or descriptions of ships and for different circumstances; and

(b)make such transitional, incidental or supplementary provision as appears to the Secretary of State to be necessary or expedient.

Textual Amendments

F10[Chapter IAU.K. Waste reception facilities at harbours

Textual Amendments

F10Pt. VI Ch. IA (ss. 130A-130E) inserted (19.3.1997) by 1997 c. 28, ss. 5, 31(4)

F11130A General.U.K.

(1)The Secretary of State may by regulations make such provision as he considers appropriate in relation to—

(a)the provision at harbours in the United Kingdom of facilities for the reception of waste from ships (in this Chapter referred to as “waste reception facilities”); and

(b)the use of waste reception facilities provided at such harbours.

(2)In making the regulations, the Secretary of State shall take into account the need to give effect to provisions—

(a)which are contained in any international agreement mentioned in section 128(1) which has been ratified by the United Kingdom; and

(b)which relate to waste reception facilities.

(3)Sections 130B to 130D make further provision with respect to the regulations that may be made under this section.

Textual Amendments

F11Pt. VI Ch. IA (ss. 130A-130E) inserted (19.3.1997) by 1997 c. 28, ss. 5, 31(4)

F12130B Waste management plans.U.K.

(1)The regulations may make provision requiring a harbour authority for a harbour in the United Kingdom—

(a)in such circumstances as may be prescribed, to prepare a plan with respect to the provision and use of waste reception facilities at the harbour; and

(b)to submit the plan to the Secretary of State for approval.

(2)The regulations may make provision requiring a person—

(a)if directed to do so by the Secretary of State, to prepare a plan with respect to the provision and use of waste reception facilities at any terminals operated by him within a harbour which is in the United Kingdom and is specified in the direction; and

(b)to submit the plan to the Secretary of State for approval.

(3)For the purposes of this Chapter—

(a)“terminal” means any terminal, jetty, pier, floating structure or other works within a harbour at which ships can obtain shelter or ship and unship goods or passengers; and

(b)a person operates a terminal if activities at the terminal are under his control.

(4)In the following provisions of this section, “waste management plan” means a plan of a description mentioned in subsection (1) or (2) above.

(5)The regulations may make provision with respect to the form and content of waste management plans and may in particular require such plans to include—

(a)proposals as to the information to be provided about waste reception facilities to those who are expected to use them;

(b)proposals designed to ensure that adequate provision will be made for the disposal of waste deposited in waste reception facilities; and

(c)proposals about how costs incurred in establishing and running waste reception facilities will be recovered.

(6)The regulations may require a person preparing a waste management plan to have regard to such matters as the Secretary of State may prescribe or in a particular case direct.

(7)The regulations may make provision as to the procedures to be followed in connection with waste management plans and may in particular—

(a)require a person preparing a waste management plan to consult such persons as the Secretary of State may prescribe or in a particular case direct;

(b)enable the Secretary of State to approve waste management plans with or without modification or to reject such plans;

(c)enable the Secretary of State, if he is satisfied that a person who is required to prepare a waste management plan is not taking any steps necessary in connection with the preparation of the plan, to prepare such a plan;

(d)require harbour authorities and persons operating terminals to implement waste management plans once approved, or to take such steps as the Secretary of State may in a particular case direct for the purpose of securing that approved plans are implemented;

(e)enable waste management plans, in such circumstances as may be prescribed, to be withdrawn, altered or replaced.

Textual Amendments

F12Pt. VI Ch. IA (ss. 130A-130E) inserted (19.3.1997) by 1997 c. 28, ss. 5, 31(4)

F13130C Charges for and use of waste reception facilities.U.K.

(1)The regulations may make provision enabling a statutory harbour authority, on levying ship, passenger and goods dues, to impose charges for the purpose of recovering the whole or a part of the costs of the provision by or on behalf of the authority of waste reception facilities at the harbour.

(2)The regulations may make provision requiring the master of a ship—

(a)if reasonably required to do so by a Departmental officer, or

(b)in such other circumstances as may be prescribed,

to deposit any waste carried by the ship, or any prescribed description of such waste, in waste reception facilities provided at a harbour in the United Kingdom.

(3)The regulations may make provision—

(a)for the reference to arbitration of questions as to whether requirements made under regulations made in pursuance of subsection (2)(a) above were reasonable, and

(b)for compensation to be payable by the Secretary of State where a requirement is found to have been unreasonable.

(4)The regulations may make—

(a)provision prohibiting the imposition by persons providing waste reception facilities at harbours in the United Kingdom of charges for the depositing of waste, or any prescribed description of waste, in the facilities; or

(b)provision authorising the imposition by such persons of such charges subject to such restrictions as may be prescribed.

(5)The regulations may provide for charges to be imposed by virtue of subsection (4)(b) above—

(a)even though the charges are for the depositing of waste in compliance with a requirement imposed by virtue of subsection (2) above; and

(b)even though charges are also imposed by virtue of subsection (1) above.

(6)Subsections (7) to (9) below apply if the regulations make provision enabling a statutory harbour authority to impose charges of a description mentioned in subsection (1) above.

(7)The regulations may require information about the charges to be published in a way that is designed to bring the charges to the notice of persons likely to be affected.

(8)The regulations may provide for the charges to be reduced at the instance of the Secretary of State following the making of an objection by a person of a prescribed description.

(9)Regulations made by virtue of subsection (8) above may in particular make provision which corresponds to that made by section 31(3) to (12) of the M2Harbours Act 1964.

(10)The regulations may make provision as to the recovery of any charges imposed by virtue of this section.

Textual Amendments

F13Pt. VI Ch. IA (ss. 130A-130E) inserted (19.3.1997) by 1997 c. 28, ss. 5, 31(4)

Marginal Citations

F14130D Supplementary.U.K.

(1)The regulations may provide that where a person contravenes a requirement under the regulations he is guilty of an offence and is liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum, and

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

(2)The regulations may—

(a)provide for exemptions from any provision of the regulations;

(b)provide for references in the regulations to any specified document to operate as references to that document as revised or re-issued from time to time;

(c)make different provision for different cases;

(d)include such incidental, supplemental and transitional provision as appears to the Secretary of State to be expedient.

(3)Regulations under section 130A which contain any provision of a description mentioned in section 130C (whether or not they also contain other provision) shall not be made unless a draft of the statutory instrument containing the regulations has been laid before and approved by a resolution of each House of Parliament.

(4)A statutory instrument containing regulations under section 130A to which subsection (3) above does not apply (including regulations which revoke provision of a description mentioned in section 130C but do not contain any other provision made by virtue of section 130C) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F14Pt. VI Ch. IA (ss. 130A-130E) inserted (19.3.1997) by 1997 c. 28, ss. 5, 31(4)

F15130E Interpretation of Chapter IA.U.K.

In this Chapter—

  • “prescribe” means prescribe by regulations;

  • “ship, passenger and goods dues” has the same meaning—

    (a)

    in relation to Great Britain, as in the M3Harbours Act 1964; and

    (b)

    in relation to Northern Ireland, as in the M4Harbours Act (Northern Ireland) 1970;

  • “waste reception facilities” has the meaning given by section 130A(1).]

Textual Amendments

F15Pt. VI Ch. IA (ss. 130A-130E) inserted (19.3.1997) by 1997 c. 28, ss. 5, 31(4)

Marginal Citations

Chapter IIU.K. Oil Pollution

General provisions for preventing pollutionU.K.

131 Discharge of oil from ships into certain United Kingdom waters.U.K.

[F16(A1)In this section “relevant discharge” means—

(a)a discharge of oil or a mixture containing oil which is made—

(i)from a ship which is an offshore installation, and

(ii)into United Kingdom national waters which are navigable by sea-going ships, or

(b)a discharge of oil or a mixture containing oil which is made—

(i)from a ship which is not an offshore installation, and

(ii)into United Kingdom national waters which are navigable by sea-going ships but which do not form part of the sea.]

(1)[F17If there is a relevant discharge], subject to the following provisions of this Chapter, the following shall be guilty of an offence, that is to say—

(a)F18...the owner or master of the ship, unless he proves that the discharge took place and was caused as mentioned in paragraph (b) below;

(b)if the discharge [F19from the ship] takes place in the course of a transfer of oil to or from another ship or a place on land and is caused by the act or omission of any person in charge of any apparatus in that other ship or that place, the owner or master of that other ship or, as the case may be, the occupier of that place.

(2)Subsection (1) above does not apply to any discharge [F20from an offshore installation] which—

(a)is made into the sea; and

(b)is of a kind or is made in circumstances for the time being prescribed by regulations made by the Secretary of State.

(3)A person guilty of an offence under this section shall be liable[F21—

(a)on summary conviction, to a fine not exceeding [F22£250,000];

(b)on conviction on indictment, to a fine]

[F21on summary conviction, or on conviction on indictment, to a fine].

[F23(3A)In this section “offshore installation” means any mobile or fixed drilling or production platform or any other platform used in connection with the exploration, exploitation or associated offshore processing of sea bed mineral resources.]

(4)In this section “sea” includes any estuary or arm of the sea.

(5)In this section “place on land” includes anything resting on the bed or shore of the sea, or of any other waters included in United Kingdom national waters, and also includes anything afloat (other than a ship) if it is anchored or attached to the bed or shore of the sea or any such waters.

(6)In this section “occupier”, in relation to any such thing as is mentioned in subsection (5) above, if it has no occupier, means the owner thereof.

Textual Amendments

F22Sum in s. 131(3)(a) substituted (17.7.1997) by 1997 c. 28, s. 7(1)(2) (with s. 7(5)); S.I. 1997/1539, art. 2, Sch.

Modifications etc. (not altering text)

C4S. 131(3) applied (28.2.1996) by S.I. 1996/282, art. 3

S. 131(3) applied (1.7.1998) by S.I. 1998/1377, reg. 14(2)

132 Defences of owner or master charged with offence under section 131.U.K.

(1)Where a person is charged with an offence under section 131 as the owner or master of a ship, it shall be a defence to prove that the oil or mixture was discharged for the purpose of—

(a)securing the safety of any ship;

(b)preventing damage to any ship or cargo, or

(c)saving life,

unless the court is satisfied that the discharge of the oil or mixture was not necessary for that purpose or was not a reasonable step to take in the circumstances.

(2)Where a person is charged with an offence under section 131 as the owner or master of a ship, it shall also be a defence to prove—

(a)that the oil or mixture escaped in consequence of damage to the ship, and that as soon as practicable after the damage occurred all reasonable steps were taken for preventing, or (if it could not be prevented) for stopping or reducing, the escape of the oil or mixture; or

(b)that the oil or mixture escaped by reason of leakage, that neither the leakage nor any delay in discovering it was due to any want of reasonable care, and that as soon as practicable after the escape was discovered all reasonable steps were taken for stopping or reducing it.

133 Defences of occupier charged with offence under section 131U.K.

Where a person is charged, in respect of the escape of any oil or mixture containing oil, with an offence under section 131 as the occupier of a place on land, it shall be a defence to prove that neither the escape nor any delay in discovering it was due to any want of reasonable care and that as soon as practicable after it was discovered all reasonable steps were taken for stopping or reducing it.

134 Protection for acts done in exercise of certain powers of harbour authorities, etc.U.K.

(1)Where any oil, or mixture containing oil, is discharged in consequence of—

(a)the exercise of any power conferred by section 252 or 253; or

(b)the exercise, for the purpose of preventing obstruction or danger to navigation, of any power to dispose of sunk, stranded or abandoned ships which is exercisable by a harbour authority under any local enactment;

and apart from this subsection the authority exercising the power, or a person employed by or acting on behalf of the authority, would be guilty of an offence under section 131 in respect of that discharge, the authority or person shall not be convicted unless it is shown that they or he failed to take such steps (if any) as were reasonable in the circumstances for preventing, stopping or reducing the discharge.

(2)Subsection (1) above shall apply to the exercise of any power conferred by section 13 of the M5Dockyard Ports Regulation Act 1865 (removal of obstructions to dockyard ports) as it applies to the exercise of the powers under sections 252 and 253, and shall, as so applying, have effect as if references to the authority exercising the power were references to the Queen’s harbour master for the port in question.

Marginal Citations

135 Restrictions on transfer of oil at night.U.K.

(1)No oil shall be transferred between sunset and sunrise to or from a ship in any harbour in the United Kingdom unless the requisite notice has been given in accordance with this section or the transfer is for the purposes of a [F24fire and rescue authority or other [F25person who employs or engages fire-fighters]][F26the Scottish Fire and Rescue Service][F27the Northern Ireland Fire and Rescue Service Board or other [F25person who employs or engages fire-fighters]].

(2)A general notice may be given to the harbour master of a harbour that transfers of oil between sunset and sunrise will be frequently carried out at a place in the harbour within such period, not ending later than twelve months after the date on which the notice is given, as is specified in the notice; and if such a notice is given it shall be the requisite notice for the purposes of this section as regards transfers of oil at that place within the period specified in the notice.

(3)Subject to subsection (2) above, the requisite notice for the purposes of this section shall be a notice given to the harbour master not less than three hours nor more than 96 hours before the transfer of oil begins.

(4)In the case of a harbour which has no harbour master, references in this section to the harbour master shall be construed as references to the harbour authority.

(5)If any oil is transferred to or from a ship in contravention of this section, the master of the ship, and, if the oil is transferred from or to a place on land, the occupier of that place, shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Textual Amendments

F24Words in s. 135(1) substituted (E.W.) (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 87; S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F25Words in s. 135(1) substituted (12.7.2016) by Armed Forces Act 2016 (c. 21), ss. 17(4), 19(3)(b)

F26Words in s. 135(1) substituted (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 59; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

136 Duty to report discharge of oil into waters of harbours.U.K.

(1)If any oil or mixture containing oil—

(a)is discharged from a ship into the waters of a harbour in the United Kingdom; or

(b)is found to be escaping or to have escaped from a ship into any such waters;

the owner or master of the ship shall forthwith report the occurrence to the harbour master, or, if the harbour has no harbour master, to the harbour authority.

(2)A report made under subsection (1) above shall state whether the occurrence falls within subsection (1)(a) or (b) above.

(3)If a person fails to make a report as required by this section he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

[F28136A Discharges etc. authorised under other enactments.U.K.

The provisions of sections 131(1) and 136(1) shall not apply to any discharge which is made under, and the provisions of section 136(1) shall not apply to any escape which is authorised by, [F29an authorisation granted under Part I of the M6Environmental Protection Act 1990 or] a permit granted under regulations under section 2 of the Pollution Prevention and Control Act 1999 [F30or an authorisation under regulations under section 18 of the Regulatory Reform (Scotland) Act 2014] [F31or an authorisation or permit granted under any corresponding provisions of the law of Northern Ireland].]

Textual Amendments

F28S. 136A inserted (21.3.2000 for E.W., 1.4.2015 for S.) by 1999 c. 24, ss. 6(1), 7(3), Sch. 2 para. 13; S.I. 2000/800, art. 2; S.S.I. 2015/74, art. 2(1)

F31Words in s. 136A added (N.I.) (18.1.2003) by S.I. 2002/3153, art. 53(1), Sch. 5 para. 4

Marginal Citations

Shipping casualtiesU.K.

F32137 Shipping casualties.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F32Ss. 137-141 repealed (10.9.2003) by Marine Safety Act 2003 (c. 16), s. 4, Sch. 2 para. 2(b), Sch. 3

F32138 Right to recover in respect of unreasonable loss or damage.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F32Ss. 137-141 repealed (10.9.2003) by Marine Safety Act 2003 (c. 16), s. 4, Sch. 2 para. 2(b), Sch. 3

F32[138A]F33Application of sections 137 and 138 to pollution by substances other than oil.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F32Ss. 137-141 repealed (10.9.2003) by Marine Safety Act 2003 (c. 16), s. 4, Sch. 2 para. 2(b), Sch. 3

F33S. 138A inserted (17.7.1997) by 1997 c. 28, s. 3(1) (with s. 3(2)); S.I. 1997/1539, art. 2, Sch.

F32139 Offences in relation to section 137.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F32Ss. 137-141 repealed (10.9.2003) by Marine Safety Act 2003 (c. 16), s. 4, Sch. 2 para. 2(b), Sch. 3

F32140 Service of directions under section 137.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F32Ss. 137-141 repealed (10.9.2003) by Marine Safety Act 2003 (c. 16), s. 4, Sch. 2 para. 2(b), Sch. 3

F32141 Application of sections 137 to 140 to certain foreign and other ships.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F32Ss. 137-141 repealed (10.9.2003) by Marine Safety Act 2003 (c. 16), s. 4, Sch. 2 para. 2(b), Sch. 3

EnforcementU.K.

142 Oil records.U.K.

(1)The Secretary of State may make regulations requiring oil record books to be carried in United Kingdom ships and requiring the master of any such ship to record in the oil record book carried by it—

(a)the carrying out, on board or in connection with the ship, of such of the following operations as may be prescribed relating to—

(i)the loading of oil cargo,

(ii)the transfer of oil cargo during a voyage,

(iii)the discharge of oil cargo,

(iv)the ballasting of oil tanks (whether cargo or bunker fuel tanks) and the discharge of ballast from, and cleaning of, such tanks,

(v)the separation of oil from water, or from other substances, in any mixture containing oil,

(vi)the disposal of any oil or water, or any other substance, arising from operations relating to any of the matters specified in (i) to (v) above, or

(vii)the disposal of any other oil residues;

(b)any occasion on which oil or a mixture containing oil is discharged from the ship for the purpose of securing the safety of any ship, or of preventing damage to any ship or cargo, or of saving life;

(c)any occasion on which oil or a mixture containing oil is found to be escaping, or to have escaped, from the ship in consequence of damage to the ship, or by reason of leakage.

(2)The Secretary of State may make regulations requiring the keeping of records relating to the transfer of oil to and from ships while they are within United Kingdom waters; and the requirements of any regulations made under this subsection shall be in addition to the requirements of any regulations made under subsection (1) above.

(3)Any records required to be kept by regulations made under subsection (2) above shall, unless the ship is a barge, be kept by the master of the ship, and shall, if the ship is a barge, be kept, in so far as they relate to the transfer of oil to the barge, by the person supplying the oil and, in so far as they relate to the transfer of oil from the barge, by the person to whom the oil is delivered.

(4)Regulations under this section requiring the carrying of oil record books or the keeping of records may—

(a)prescribe the form of the oil record books or records and the nature of the entries to be made in them;

(b)require the person providing or keeping the books or records to retain them for a prescribed period;

(c)require that person, at the end of the prescribed period, to transmit the books or records to a place or person determined by or under the regulations;

(d)provide for the custody or disposal of the books or records after their transmission to such a place or person.

(5)Regulations under this section may—

(a)be made with respect to all or with respect to any one or more of the classes of ship or other matters to which this section relates;

(b)make different provision for different classes of ship or otherwise for different classes of case or different circumstances.

(6)If any ship fails to carry such an oil record book as it is required to carry under this section the owner or master shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(7)If any person fails to comply with any requirements imposed on him by or under this section, he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(8)If any person makes an entry in any oil record book carried or record kept under this section which is to his knowledge false or misleading in any material particular, he shall be liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum, or imprisonment for a term not exceeding six months, or both;

(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or both.

(9)In any proceedings under this Chapter—

(a)any oil record book carried or record kept in pursuance of regulations made under this section shall be admissible as evidence, and in Scotland shall be sufficient evidence, of the facts stated in it;

(b)any copy of an entry in such an oil record book or record which is certified by the master of the ship in which the book is carried or by the person by whom the record is required to be kept to be a true copy of the entry shall be admissible as evidence, and in Scotland shall be sufficient evidence, of the facts stated in the entry;

(c)any document purporting to be an oil record book carried or record kept in pursuance of regulations made under this section, or purporting to be such a certified copy as is mentioned in paragraph (b) above, shall, unless the contrary is proved, be presumed to be such a book, record or copy, as the case may be.

(10)In this section “barge” includes a lighter and any similar vessel.

143 Prosecutions and enforcement of fines.U.K.

(1)Proceedings for an offence under this Chapter may, in England and Wales be brought only—

(a)by or with the consent of the Attorney General, or

(b)if the offence is one to which subsection (4) below applies, by the harbour authority, or

(c)unless the offence is one mentioned in subsection (4)(b) or (c) below, by the Secretary of State or a person authorised by any general or special direction of the Secretary of State.

(2)Subject to subsection (3) below, proceedings for an offence under this Chapter may, in Northern Ireland, be brought only—

(a)by or with the consent of the Attorney General for Northern Ireland,

(b)if the offence is one to which subsection (4) below applies, by a harbour authority, or

(c)unless the offence is one mentioned in subsection (4)(b) or (c) below, by the Secretary of State or a person authorised by any general or special direction of the Secretary of State.

(3)Subsection (2) above shall have effect in relation to proceedings for an offence under section 131 relating to the discharge of oil or a mixture containing oil from a ship in a harbour in Northern Ireland as if the references in paragraph (c) to the Secretary of State were references to the Secretary of State or the Department of the Environment for Northern Ireland.

(4)This subsection applies to the following offences—

(a)any offence under section 131 which is alleged to have been committed by the discharge of oil, or a mixture containing oil, into the waters of a harbour in the United Kingdom;

(b)any offence in relation to a harbour in the United Kingdom under section 135 or 136; and

(c)any offence under section 142 relating to the keeping of records of the transfer of oil within such a harbour.

(5)The preceding provisions of this section shall apply in relation to any part of a dockyard port within the meaning of the M7Dockyard Ports Regulation Act 1865 as follows—

(a)if that part is comprised in a harbour in the United Kingdom, the reference to the harbour authority shall be construed as including a reference to the Queen’s harbour master for the port;

(b)if that part is not comprised in a harbour in the United Kingdom, the references to such a harbour shall be construed as references to such a dockyard port and the reference to the harbour authority as a reference to the Queen’s harbour master for the port.

(6)Any document required or authorised, by virtue of any statutory provision, to be served on a foreign company for the purposes of the institution of, or otherwise in connection with, proceedings for an offence under section 131 alleged to have been committed by the company as the owner of the ship shall be treated as duly served on that company if the document is served on the master of the ship.

[F34In this subsection “foreign company” means a company or body which is not one to which section 1139 of the Companies Act 2006 applies so as to authorise service of the document in question.]

(7)Any person authorised to serve any document for the purposes of the institution of, or otherwise in connection with, proceedings for an offence under this Chapter shall, for that purpose, have the right to go on board the ship in question.

Textual Amendments

Modifications etc. (not altering text)

C8S. 143(6) applied (with modifications) (1.7.1998) by S.I. 1998/1377, reg. 15(1)

C17S. 143(6): power to apply (with modifications) conferred (15.12.2022) by The Merchant Shipping (Control of Harmful Anti-Fouling Systems on Ships) Order 2022 (S.I. 2022/1334), arts. 1(1), 4(e)(i)

Marginal Citations

144 Power to detain ships for section 131 offences.U.K.

(1)Where a harbour master has reason to believe that the master or owner of a ship has committed an offence under section 131 by the discharge from the ship of oil, or a mixture containing oil, into the waters of the harbour, the harbour master may detain the ship.

(2)Section 284, in its application to the detention of a ship under this section, shall have effect with the omission of subsections (1), (6) and (7) and as if—

(a)in subsection (2), the reference to competent authority were a reference to the harbour authority; and

(b)in subsection (4), the persons in relation to whom that subsection applies were the harbour master or any person acting on his behalf.

(3)Where a harbour master detains a ship other than a United Kingdom ship under this section he shall immediately notify the Secretary of State, who shall then inform the consul or diplomatic representative of the State whose flag the ship is entitled to fly or the appropriate maritime authorities of that State.

In this subsection “United Kingdom ship” has the same meaning as in section 85.

(4)A harbour master who detains a ship under this section shall immediately release the ship—

(a)if no proceedings for the offence are instituted within the period of seven days beginning with the day on which the ship is detained;

(b)if proceedings for the offence, having been instituted within that period, are concluded without the master or owner being convicted;

(c)if either—

(i)the sum of [F35£255,000] is paid to the harbour authority by way of security, or

(ii)security which, in the opinion of the harbour authority, is satisfactory and is for an amount not less than [F35£255,000] is given to the harbour authority,

by or on behalf of the master or owner; or

(d)where the master or owner is convicted of the offence, if any costs or expenses ordered to be paid by him, and any fine imposed on him, have been paid.

(5)The harbour authority shall repay any sum paid in pursuance of subsection (4)(c) above or release any security so given—

(a)if no proceedings for the offence are instituted within the period of seven days beginning with the day on which the sum is paid; or

(b)if proceedings for the offence, having been instituted within that period, are concluded without the master or owner being convicted.

(6)Where a sum has been paid, or security has been given, by any person in pursuance of subsection (4)(c) above and the master or owner is convicted of the offence, the sum so paid or the amount made available under the security shall be applied as follows—

(a)first in payment of any costs or expenses ordered by the court to be paid by the master or owner; and

(b)next in payment of any fine imposed by the court;

and any balance shall be repaid to the first-mentioned person.

(7)Any reference in this section to a harbour master or a harbour authority shall, where the harbour in question consists of or includes the whole or any part of a dockyard port within the meaning of the M8Dockyard Ports Regulation Act 1865, be construed as including a reference to the Queen’s harbour master for the port.

(8)This section does not apply in relation to a ship of Her Majesty’s navy or any Government ship.

Textual Amendments

F35Sums in s. 144(4)(c)(i)(ii) substituted (17.7.1997) by 1997 c. 28, s. 7(3)(4) (with s. 7(5)); S.I. 1997/1539, art. 2, Sch.

Modifications etc. (not altering text)

Marginal Citations

145 Interpretation of section 144U.K.

(1)This section has effect for the interpretation of the references in section 144 to the institution of proceedings or their conclusion without the master or owner of a ship being convicted of an offence under section 131.

(2)For the purposes of section 144 in its application to England and Wales—

(a)proceedings for an offence under section 131 are instituted—

(i)when a justice of the peace issues a summons or warrant under section 1 of the M9Magistrates’ Courts Act 1980 in respect of the offence;

(ii)when a person is charged with the offence after being taken into custody without a warrant;

(iii)when a bill of indictment is preferred under section 2(2)(b) of the M10Administration of Justice (Miscellaneous Provisions) Act 1933; and

(b)proceedings for the offence are concluded without the master or owner being convicted on the occurrence of one of the following events—

(i)the discontinuance of the proceedings;

(ii)the acquittal of the master or owner;

(iii)the quashing of the master’s or owner’s conviction of the offence;

(iv)the grant of Her Majesty’s pardon in respect of the master’s or owner’s conviction of the offence.

(3)For the purposes of section 144 in its application to Northern Ireland—

(a)proceedings for an offence under section 131 are instituted—

(i)when a justice of the peace issues a summons or warrant under Article 20 of the M11Magistrates’ Courts (Northern Ireland) Order 1981;

(ii)when a person is charged with the offence after being taken into custody without a warrant;

(iii)when an indictment is presented under section 2(2)(c), (e) or (f) of the M12Grand Jury (Abolition) Act (Northern Ireland) 1969; and

(b)proceedings for an offence under section 131 are concluded without the master or owner being convicted on the occurrence of one of the following events—

(i)the discontinuance of the proceedings;

(ii)the acquittal of the master or owner;

(iii)the quashing of the master’s or owner’s conviction of the offence;

(iv)the grant of Her Majesty’s pardon in respect of the master’s or owner’s conviction of the offence.

(4)Where the application of subsection (2)(a) or (3)(a) above would result in there being more than one time for the institution of proceedings, they shall be taken to have been instituted at the earliest of those times.

(5)For the purposes of section 144 in its application to Scotland—

(a)proceedings for an offence under section 131 are instituted—

(i)on the granting by the sheriff of a warrant in respect of the offence on presentation of a petition under section 12 of the M13Criminal Procedure (Scotland) Act 1975;

(ii)when, in the absence of a warrant or citation, the master or owner is first brought before a court competent to deal with the case;

(iii)when, in a case where he is liberated upon a written undertaking in terms of section 18(2)(a), 294(2)(a) or 295(1)(a) of the Criminal Procedure (Scotland) Act 1975, the master or owner appears at the specified time;

(iv)when, in a case mentioned in (iii) above where the master or owner fails to appear at the specified court at the specified time, the court grants warrant for his apprehension;

(v)when summary proceedings are commenced in terms of section 331(3) of the Criminal Procedure (Scotland) Act 1975;

(b)proceedings for an offence under section 131 are concluded without the master or owner being convicted on the occurrence of one of the following events—

(i)the court makes a finding of not guilty or not proven against the master or owner in respect of the offence;

(ii)the proceedings are expressly abandoned (other thanpro loco et tempore) by the prosecutor or are deserted simpliciter;

(iii)the conviction is quashed;

(iv)the accused receives Her Majesty’s pardon in respect of the conviction.

Modifications etc. (not altering text)

C26S. 145 applied (with modifications) (with application in accordance with reg. 4 of the amending S.I.) by The Merchant Shipping and Fishing Vessels (Control of Vibration at Work) Regulations 2007 (S.I. 2007/3077), regs. 1, 16(7)

C27S. 145 applied (with modifications) (with application in accordance with reg. 4 of the amending S.I.) by The Merchant Shipping and Fishing Vessels (Control of Noise at Work) Regulations 2007 (S.I. 2007/3075), regs. 1, 17(7)

Marginal Citations

146 Enforcement and application of fines.U.K.

(1)Where a fine imposed by a court in proceedings against the owner or master of a ship for an offence under this Chapter is not paid, or any costs or expenses ordered to be paid by him are not paid, at the time ordered by the court, the court shall, in addition to any other powers of enforcing payment, have power—

(a)except in Scotland, to direct the amount remaining unpaid to be levied by distress,

(b)in Scotland, to grant warrant authorising the arrestment and sale,

of the ship and its equipment.

(2)Where a person is convicted of an offence under section 131, and the court imposes a fine in respect of the offence, then, if it appears to the court that any person has incurred, or will incur, expenses in removing any pollution, or making good any damage, which is attributable to the offence, the court may order the whole or part of the fine to be paid to that person for or towards defraying those expenses.

Modifications etc. (not altering text)

C58S. 146 applied (with modifications) (1.7.1998) by S.I. 1998/1377, reg. 15(2)

C67S. 146(1) applied (with modifications) (with application in accordance with reg. 4 of the amending S.I.) by The Merchant Shipping and Fishing Vessels (Control of Noise at Work) Regulations 2007 (S.I. 2007/3075), regs. 1, 14(6)

C68S. 146(1) applied (with modifications) (with application in accordance with reg. 4 of the amending S.I.) by The Merchant Shipping and Fishing Vessels (Control of Vibration at Work) Regulations 2007 (S.I. 2007/3077), regs. 1, 13(5)

147 Enforcement of Conventions relating to oil pollution.U.K.

(1)Her Majesty may by Order in Council empower such persons as may be designated by or under the Order to go on board any Convention ship while the ship is within a harbour in the United Kingdom, and to require production of any oil record book required to be carried in accordance with the Convention.

(2)An Order in Council under this section may, for the purposes of the Order, and with any necessary modifications, apply any of the provisions of this Chapter relating to the production and inspection of oil record books and the taking of copies of entries therein, and to the admissibility in evidence of such oil record books and copies, including any penal provisions of this Chapter in so far as they relate to those matters, and may also apply section 259.

(3)Her Majesty, if satisfied that the government of any country has accepted, or denounced, the Convention, or that the Convention extends, or has ceased to extend, to any territory, may by Order in Council make a declaration to that effect.

(4)In this section—

  • “the Convention” means any Convention accepted by Her Majesty’s Government in the United Kingdom in so far as it relates to the prevention of pollution of the sea by oil; and

  • “Convention ship” means a ship registered in—

(a)a country the government of which has been declared by an Order in Council under subsection (3) above to have accepted the Convention, and has not been so declared to have denounced it; or

(b)a territory to which it has been so declared that the Convention extends, not being a territory to which it has been so declared that the Convention has ceased to extend.

Miscellaneous and supplementaryU.K.

148 Power of Secretary of State to grant exemptions.U.K.

The Secretary of State may exempt from any of the provisions of this Chapter or of any regulations made thereunder, either absolutely or subject to such conditions as he thinks fit—

(a)any ship or classes of ships;

(b)any discharge of, or of a mixture containing, oil.

149 Application to Government ships.U.K.

(1)This Chapter does not apply to ships of Her Majesty’s navy, nor to Government ships in the service of the Secretary of State while employed for the purposes of Her Majesty’s navy.

(2)Subject to subsection (1) above and to section 141(4) and section 144(8)—

(a)provisions of this Chapter which are expressed to apply only to United Kingdom ships apply to Government ships registered in the United Kingdom and also to Government ships not so registered but held for the purposes of Her Majesty’s Government in the United Kingdom;

(b)provisions of this Chapter which are expressed to apply to ships generally apply to Government ships.

150 Annual Report.U.K.

(1)The Secretary of State shall, as soon as possible after the end of each calendar year, make a report on the exercise and performance of his functions under this Chapter during that year.

(2)Every such report shall include such observations as he may think fit to make on the operation during that year of this Chapter and of any Convention accepted by Her Majesty’s Government in the United Kingdom in so far as it relates to the prevention of pollution of the sea by oil.

(3)The Secretary of State shall lay a copy of every such report before each House of Parliament.

151 Interpretation.U.K.

(1)In this Chapter—

  • “harbour authority” means a person or body of persons empowered by an enactment to make charges in respect of ships entering a harbour in the United Kingdom or using facilities therein;

  • “harbour in the United Kingdom” means a port, estuary, haven, dock or other place the waters of which are within United Kingdom national waters and in respect of entry into or the use of which by ships a person or body of persons is empowered by an enactment (including a local enactment) to make any charges other than charges in respect of navigational aids or pilotage;

  • “harbour master” includes a dock master or pier master, and any person specially appointed by a harbour authority for the purpose of enforcing the provisions of this Chapter in relation to the harbour;

  • “local enactment” means a local or private Act, or an order confirmed by Parliament or brought into operation in accordance with special Parliamentary procedure;

  • “oil” means oil of any description and includes spirit produced from oil of any description, and also includes coal tar;

  • “oil residues” means any waste consisting of, or arising from, oil or a mixture containing oil;

  • “place on land” has the meaning given in section 131;

  • “transfer”, in relation to oil, means transfer in bulk.

(2)For the purposes of the definition of “harbour in the United Kingdom” “charges in respect of navigational aids” means general light dues, local light dues and any other charges payable in respect of lighthouses, buoys or beacons.

(3)Any reference in any provision of this Chapter to a mixture containing oil shall be construed as a reference to any mixture of oil (or, as the case may be, of oil of a description referred to in that provision) with water or with any other substance.

(4)Any reference in this Chapter, other than in section 136, to the discharge of oil or a mixture containing oil, or to its being discharged, from a ship, place or thing, except where the reference is to its being discharged for a specific purpose, includes a reference to the escape of oil or mixture, or (as the case may be) to its escaping, from that ship, place or thing.

(5)For the purposes of any provision of this Chapter relating to the discharge of oil or a mixture containing oil from a ship, any floating craft (other than a ship) which is attached to a ship shall be treated as part of the ship.

(6)Any power conferred by section 259 in its application to this Chapter to test any equipment on board a ship shall be construed as including a power to require persons on board the ship to carry out such work as may be requisite for the purpose of testing the equipment; and any provision of that section as to submitting equipment for testing shall be construed accordingly.

(7)Subject to section 18 of the M14Interpretation Act 1978 (offence under two or more laws) nothing in this Chapter shall—

(a)affect any restriction imposed by or under any other enactment, whether contained in a public general Act or a local or private Act; or

(b)derogate from any right of action or other remedy (whether civil or criminal) in proceedings instituted otherwise than under this Chapter.

Marginal Citations

Chapter IIIU.K. Liability for Oil Pollution

PreliminaryU.K.

152 Meaning of [F36“the Bunkers Convention”,] “the Liability Convention” and related expressions.U.K.

(1)In this Chapter—

  • [F37“the Bunkers Convention” means the International Convention on Civil Liability for Bunker Oil Pollution Damage 2001;

  • “Bunkers Convention country” means a country in respect of which the Bunkers Convention is in force;

  • “Bunkers Convention State” means a State which is a party to the Bunkers Convention;]

  • “the Liability Convention” means the International Convention on Civil Liability for Oil Pollution Damage 1992;

  • “Liability Convention country” means a country in respect of which the Liability Convention is in force; and

  • “Liability Convention State” means a State which is a party to the [F38Liability] Convention.

(2)If Her Majesty by Order in Council declares that any State specified in the Order is a party to the Liability Convention [F39or the Bunkers Convention] in respect of any country so specified the Order shall, while in force, be conclusive evidence that that State is a party to [F40that Convention] in respect of that country.

Textual Amendments

Modifications etc. (not altering text)

C76S. 152 extended (with modifications) to Anguilla (30.11.1997) by S.I. 1997/2580, art. 2, Sch.

S. 152 extended (with modifications) to Bermuda (30.11.1997) by S.I. 1997/2581, art. 2, Sch.

S. 152 extended (with modifications) to the British Antarctic Territory (30.11.1997) by S.I. 1997/2582, art. 2, Sch.

S. 152 extended (with modifications) to the British Indian Ocean Territory (30.11.1997) by S.I. 1997/2583, art. 2, Sch.

S. 152 extended (with modifications) to the Falkland Islands (30.11.1997) by S.I. 1997/2584, art. 2, Sch.

S. 152 extended (with modifications) to the Pitcairn, Henderson, Ducies and Oeno Islands (30.11.1997) by S.I. 1997/2585, arts. 2, 3, Sch.

S. 152 extended (with modifications) to the Sovereign Base Areas of Akrotiri and Dhekelia (30.11.1997) by S.I. 1997/2587, art. 2, Sch.

S. 152 extended (with modifications) to the South Georgia and the South Sandwich Islands (30.11.1997) by S.I. 1997/2588, art. 2, Sch.

S. 152 extended (with modifications) to the Turks and Caicos Islands (30.11.1997) by S.I. 1997/2589, art. 2, Sch.

S. 152 extended (with modifications) to the Virgin Islands (30.11.1997) by S.I. 1997/2590, art. 2, Sch.

S. 152 extended (with modifications) to Jersey (1.12.1997) by S.I. 1997/2598, arts. 2, 3, Sch. 1

S. 152 extended (with modifications) to Guernsey (11.3.1998) by S.I. 1998/260, arts. 2, 3, Sch. 1

S. 152 extended (with modifications) to the Cayman Islands (20.5.1998) by S.I. 1998/1261, art. 2, Sch.

S. 152 extended (with modifications) to Montserrat (20.5.1998) by S.I. 1998/1262, art. 2, Sch.

S. 152 extended (with modifications) to Saint Helena (20.5.1998) by S.I. 1998/1263, art. 2, Sch.

LiabilityU.K.

153 Liability for oil pollution in case of tankers.U.K.

(1)Where, as a result of any occurrence, any oil is discharged or escapes from a ship to which this section applies, then (except as otherwise provided by this Chapter) the [F41registered owner] of the ship shall be liable—

(a)for any damage caused outside the ship in the territory of the United Kingdom by contamination resulting from the discharge or escape; and

(b)for the cost of any measures reasonably taken after the discharge or escape for the purpose of preventing or minimising any damage so caused in the territory of the United Kingdom by contamination resulting from the discharge or escape; and

(c)for any damage caused in the territory of the United Kingdom by any measures so taken.

(2)Where, as a result of any occurrence, there arises a grave and imminent threat of damage being caused outside a ship to which this section applies by the contamination that might result if there were a discharge or escape of oil from the ship, then (except as otherwise provided by this Chapter) the [F41registered owner] of the ship shall be liable—

(a)for the cost of any measures reasonably taken for the purpose of preventing or minimising any such damage in the territory of the United Kingdom; and

(b)for any damage caused outside the ship in the territory of the United Kingdom by any measures so taken;

F42...

[F43(2A)In this Chapter, such a threat is referred to as a relevant threat of contamination falling within subsection (2) of this section.]

(3)Subject to subsection (4) below, this section applies to any ship constructed or adapted for carrying oil in bulk as cargo.

(4)Where any ship so constructed or adapted is capable of carrying other cargoes besides oil, this section shall apply to any such ship—

(a)while it is carrying oil in bulk as cargo; and

(b)unless it is proved that no residues from the carriage of any such oil remain in the ship, while it is on any voyage following the carriage of any such oil,

but not otherwise.

(5)Where a person incurs a liability under subsection (1) or (2) above he shall also be liable for any damage or cost for which he would be liable under that subsection if the references in it to the territory of the United Kingdom included the territory of any other Liability Convention country.

(6)Where—

(a)as a result of any occurrence, a liability is incurred under this section by the [F41registered owner] of each of two or more ships, but

(b)the damage or cost for which each of the [F41registered owners] would be liable cannot reasonably be separated from that for which the other or others would be liable,

each of the [F41registered owners] shall be liable, jointly with the other or others, for the whole of the damage or cost for which the [F41registered owners] together would be liable under this section.

F44(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F44(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

C77S. 153 extended (with modifications) to Anguilla (30.11.1997) by S.I. 1997/2580, art. 2, Sch.

S. 153 extended (with modifications) to Bermuda (30.11.1997) by S.I. 1997/2581, art. 2, Sch.

S. 153 extended (with modifications) to the British Antarctic Territory (30.11.1997) by S.I. 1997/2582, art. 2, Sch.

S. 153 extended (with modifications) to the British Indian Ocean Territory (30.11.1997) by S.I. 1997/2583, art. 2, Sch.

S. 153 extended (with modifications) to the Falkland Islands (30.11.1997) by S.I. 1997/2584, art. 2, Sch.

S. 153 extended (with modifications) to the Pitcairn, Henderson, Ducie, and Oeno Islands (30.11.1997) by S.I. 1997/2585, arts. 2, 3, Sch.

S. 153 extended (with modifications) to the Sovereign Base Areas of Akrotiri and Dhekelia (30.11.1997) by S.I. 1997/2587, art. 2, Sch.

S. 153 extended (with modifications) to South Georgia and the South Sandwich Islands (30.11.1997) by S.I. 1997/2588, art. 2, Sch.

S. 153 extended (with modifications) to the Turks and Caicos Islands (30.11.1997) by S.I. 1997/2589, art. 2, Sch.

S. 153 extended (with modifications) to the Virgin Islands (30.11.1997) by S.I. 1997/2590, art. 2, Sch.

S. 153 extended (with modifications) to Jersey (1.12.1997) by S.I. 1997/2598, arts. 2, 3, Sch. 1

S. 153 extended (with modifications) to Guernsey (11.3.1998) by S.I. 1998/260, arts. 2, 3, Sch. 1

S. 153 extended (with modifications) to the Cayman Islands (20.5.1998) by S.I. 1998/1261, art. 2, Sch.

S. 153 extended (with modifications) to Montserrat (20.5.1998) by S.I. 1998/1262, art. 2, Sch.

S. 153 extended (with modifications) to Saint Helena (20.5.1998) by S.I. 1998/1263, art. 2, Sch.

[F45153ALiability for pollution by bunker oilU.K.

(1)Subject to subsection (3), where, as a result of any occurrence, any bunker oil is discharged or escapes from a ship then (except as otherwise provided by this Chapter) the owner of the ship shall be liable—

(a)for any damage caused outside the ship in the territory of the United Kingdom by contamination resulting from the discharge or escape; and

(b)for the cost of any measures reasonably taken after the discharge or escape for the purpose of preventing or minimising any damage so caused in the territory of the United Kingdom by contamination resulting from the discharge or escape; and

(c)for any damage caused in the territory of the United Kingdom by any measures so taken.

(2)Subject to subsection (3), where, as a result of any occurrence, there arises a grave and imminent threat of damage being caused outside a ship by the contamination that might result if there were a discharge or escape of bunker oil from the ship then (except as otherwise provided by this Chapter) the owner of the ship shall be liable—

(a)for the cost of any measures reasonably taken for the purpose of preventing or minimising any such damage in the territory of the United Kingdom; and

(b)for any damage caused outside the ship in the territory of the United Kingdom by any measures so taken.

(3)There shall be no liability under this section in relation to —

(a)a discharge or escape of bunker oil from a ship to which section 153 applies, or

(b)a threat mentioned in subsection (2) arising in relation to a potential discharge or escape of bunker oil from such a ship,

where that bunker oil is also persistent hydrocarbon mineral oil.

(4)In the subsequent provisions of this Chapter—

(a)a discharge or escape of bunker oil from a ship, other than a discharge or escape of oil excluded by subsection (3), is referred to as a discharge or escape of bunker oil falling within subsection (1) of this section; and

(b)a threat mentioned in subsection (2), other than one excluded by subsection (3), is referred to as a relevant threat of contamination falling within subsection (2) of this section.

(5)Where a person incurs a liability under subsection (1) or (2) he shall also be liable for any damage or cost for which he would be liable under that subsection if the references in it to the territory of the United Kingdom included the territory of any other Bunkers Convention country.

(6)Where—

(a)as a result of any occurrence, a liability is incurred under this section by the owner of each of two or more ships, but

(b)the damage or cost for which each of the owners would be liable cannot reasonably be separated from that for which the other or others would be liable,

each of the owners shall be liable, jointly with the other or others, for the whole of the damage or cost for which the owners together would be liable under this section.

(7)In this Chapter (except in section 170(1)) “owner”, except when used in the term “registered owner”, means the registered owner, bareboat charterer, manager and operator of the ship.]

Textual Amendments

154 Liability for oil pollution [F46in other cases].U.K.

(1)[F47Subject to subsection (2A),] where, as a result of any occurrence, any oil is discharged or escapes from a ship F48..., then (except as otherwise provided by this Chapter) the [F49registered owner] of the ship shall be liable—

(a)for any damage caused outside the ship in the territory of the United Kingdom by contamination resulting from the discharge or escape; and

(b)for the cost of any measures reasonably taken after the discharge or escape for the purpose of preventing or minimising any damage so caused in the territory of the United Kingdom by contamination resulting from the discharge or escape; and

(c)for any damage so caused in the territory of the United Kingdom by any measures so taken.

(2)[F47Subject to subsection (2A),] where, as a result of any occurrence, there arises a grave and imminent threat of damage being caused outside a ship F48... by the contamination which might result if there were a discharge or escape of oil from the ship, then (except as otherwise provided by this Chapter) the [F49registered owner] of the ship shall be liable—

(a)for the cost of any measures reasonably taken for the purpose of preventing or minimising any such damage in the territory of the United Kingdom; and

(b)for any damage caused outside the ship in the territory of the United Kingdom by any measures so taken;

F50...

[F51(2A)No liability shall be incurred under this section by reason of—

(a)a discharge or escape of oil from a ship to which section 153 applies or a relevant threat of contamination falling within subsection (2) of that section;

(b)a discharge or escape of bunker oil falling within section 153A(1) or a relevant threat of contamination falling within section 153A(2).

(2B)In the subsequent provisions of this Chapter—

(a)a discharge or escape of oil from a ship, other than one excluded by subsection (2A), is referred to as a discharge or escape of oil falling within subsection (1) of this section; and

(b)a threat mentioned in subsection (2), other than one excluded by subsection (2A), is referred to as a relevant threat of contamination falling within subsection (2) of this section.]

(3)Where—

(a)as a result of any occurrence, a liability is incurred under this section by the [F49registered owner] of each of two or more ships, but

(b)the damage or cost for which each of the [F49registered owners] would be liable cannot reasonably be separated from that for which the other or others would be liable,

each of the [F49registered owners] shall be liable, jointly with the other or others, for the whole of the damage or cost for which the [F49registered owners] together would be liable under this section.

(4)The M15Law Reform (Contributory Negligence) Act 1945 and, in Northern Ireland, the M16Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1948 shall apply in relation to any damage or cost for which a person is liable under this section, but which is not due to his fault, as if it were due to his fault.

(5)In this section [F52(apart from subsection (2A))] “ship” includes a vessel which is not seagoing.

Textual Amendments

Modifications etc. (not altering text)

C78S. 154 extended (with modifications) to Anguilla (30.11.1997) by S.I. 1997/2580, art. 2, Sch.

S. 154 extended (with modifications) to Bermuda (30.11.1997) by S.I. 1997/2581, art. 2, Sch.

S. 154 extended (with modifications) to the British Antarctic Territory (30.11.1997) by S.I. 1997/2582, art. 2, Sch.

S. 154 extended (with modifications) to the British Indian Ocean Territory (30.11.1997) by S.I. 1997/2583, art. 2, Sch.

S. 154 extended (with modifications) to the Falkland Islands (30.11.1997) by S.I. 1997/2584, art. 2, Sch.

S. 154 extended (with modifications) to the Pitcairn, Henderson, Ducie, and Oeno Islands (30.11.1997) by S.I. 1997/2585, art. 2, Sch.

S. 154 extended (with modifications) to the Sovereign Base Islands of Akrotiri and Dhekelia (30.11.1997) by S.I. 1997/2587, art. 2, Sch.

S. 154 extended (with modifications) to the South Georgia and the South Sandwich Islands (30.11.1997) by S.I. 1997/2588, art. 2, Sch.

S. 154 extended (with modifications) to the Turks and Caicos Islands (30.11.1997) by S.I. 1997/2589, art. 2, Sch.

S. 154 extended (with modifications) to the Virgin Islands (30.11.1997) by S.I. 1997/2590, art. 2, Sch.

S. 154 extended (with modifications) to Jersey (1.12.1997) by S.I. 1997/2598, arts. 2, 3, Sch.

S. 154 extended (with modifications) to Guernsey (11.3.1998) by S.I. 1998/260, arts. 2, 3, Sch. 1

S. 154 extended (with modifications) to the Cayman Islands (20.5.1998) by S.I. 1998/1261, art. 2, Sch.

S. 154 extended (with modifications) to Montserrat (20.5.1998) by S.I. 1998/1262, art. 2, Sch.

S. 154 extended (with modifications) to Saint Helena (20.5.1998) by S.I. 1998/1263, art. 2, Sch.

Marginal Citations

155 Exceptions from liability under sections 153 [F53, 153A] and 154.U.K.

[F54(1)No liability shall be incurred by a person (“the defendant”) under section 153, 153A or 154 by reason of a discharge or escape of oil or bunker oil from a ship, or of a relevant threat of contamination, if the defendant proves that subsection (2) applies.

(2)This subsection applies if the discharge or escape or the relevant threat of contamination (as the case may be) —]

(a)resulted from an act of war, hostilities, civil war, insurrection or an exceptional, inevitable and irresistible natural phenomenon; or

(b)was due wholly to anything done or omitted to be done by another person, not being a servant or agent of the [F55defendant], with intent to do damage; or

(c)was due wholly to the negligence or wrongful act of a government or other authority in exercising its function of maintaining lights or other navigational aids for the maintenance of which it was responsible.

Textual Amendments

Modifications etc. (not altering text)

C79S. 155 extended (with modifications) to Anguilla (30.11.1997) by S.I. 1997/2580, art. 2, Sch.

S. 155 extended (with modifications) to Bermuda (30.11.1997) by S.I. 1997/2581 art. 2, Sch.

S. 155 extended (with modifications) to the British Antarctic Territory (30.11.1997) by S.I. 1997/2582, art. 2, Sch.

S. 155 extended (with modifications) to the British Indian Ocean Territory (30.11.1997) by S.I. 1997/2583, art. 2, Sch.

S. 155 extended (with modifications) to the Falkland Islands (30.11.1997) by S.I. 1997/2584, art. 2, Sch.

S. 155 extended (with modifications) to the Pitcairn, Henderson, Ducie, and Oneo Islands (30.11.1997) by S.I. 1997/2585, art. 2, Sch.

S. 155 extended (with modifications) to the Sovereign Base Areas of Akrotiri and Dhekelia (30.11.1997) by S.I. 1997/2587, art. 2, Sch.

S. 155 extended (with modifications) to the South Georgia and the South Sandwich Islands (30.11.1997) by S.I. 1997/2588, art. 2, Sch.

S. 155 extended (with modifications) to the Turks and Caicos Islands (30.11.1997) by S.I. 1997/2589, art. 2, Sch.

S. 155 extended (with modifications) to the Virgin Islands (30.11.1997) by S.I. 1997/2590, art. 2, Sch.

S. 155 extended (with modifications) to Jersey (1.12.1997) by S.I. 1997/2598, arts. 2, 3, Sch.

S. 155 extended (with modifications) to Guernsey (11.3.1998) by S.I. 1998/260, arts. 2, 3, Sch. 1

S. 155 extended (with modifications) to the Cayman Islands (20.5.1998) by S.I. 1998/1261, art. 2, Sch.

S. 155 extended (with modifications) to Montserrat (20.5.1998) by S.I. 1998/1262, art. 2, Sch.

S. 155 extended (with modifications) to Saint Helena (20.5.1998) by S.I. 1998/1263, art. 2, Sch.

156 Restriction of liability for [F56pollution from oil or bunker oil].U.K.

(1)Where, as a result of any occurrence—

[F57(a)there is a discharge or escape of oil from a ship to which section 153 applies or there arises a relevant threat of contamination falling within subsection (2) of that section, or]

[F57(b)there is a discharge or escape of oil falling within section 154(1) or there arises a relevant threat of contamination falling within section 154(2),]

then, whether or not the [F58registered owner] of the ship in question incurs a liability under section 153 or 154—

(i)he shall not be liable otherwise than under that section for any such damage or cost as is mentioned in it, and

(ii)no person to whom this paragraph applies shall be liable for any such damage or cost unless it resulted from anything done or omitted to be done by him either with intent to cause any such damage or cost or recklessly and in the knowledge that any such damage or cost would probably result.

(2)Subsection (1)(ii) above applies to—

(a)any servant or agent of the [F59registered owner] of the ship;

(b)any person not falling within paragraph (a) above but employed or engaged in any capacity on board the ship or to perform any service for the ship;

(c)any charterer of the ship (however described and including a bareboat charterer), and any manager or operator of the ship;

(d)any person performing salvage operations with the consent of the [F59registered owner] of the ship or on the instructions of a competent public authority;

(e)any person taking any such measures as are mentioned in subsection (1)(b) or (2)(a) of section 153 or 154;

(f)any servant or agent of a person falling within paragraph (c), (d) or (e) above.

[F60(2A)Where, as a result of any occurrence—

(a)there is a discharge or escape of bunker oil falling within section 153A(1), or

(b)there arises a relevant threat of contamination falling within section 153A(2),

then, whether or not the owner of the ship in question incurs any liability under section 153A—

(i)he shall not be liable otherwise than under that section for any such damage or cost as is mentioned in it; and

(ii)no person to whom this paragraph applies shall be liable for any such damage or cost unless it resulted from anything done or omitted to be done by him either with intent to cause any such damage or cost or recklessly and in the knowledge that any such damage or cost would probably result.

(2B)Subsection (2A)(ii) applies to—

(a)any servant or agent of the owner;

(b)any person not falling within paragraph (a) above but engaged in any capacity on board the ship or to perform any service for the ship;

(c)any person performing salvage operations with the consent of the owner of the ship or on the instructions of a competent public authority;

(d)any person taking any such measures as are mentioned in subsection (1)(b) or (2)(a) of section 153A;

(e)any servant or agent of a person falling within paragraph (c) or (d).]

(3)The liability of [F61a person under section 153, 153A or 154] for any impairment of the environment shall be taken to be a liability only in respect of—

(a)any resulting loss of profits, and

(b)the cost of any reasonable measures of reinstatement actually taken or to be taken.

Textual Amendments

Modifications etc. (not altering text)

C80S. 156 extended (with modifications) to Anguilla (30.11.1997) by S.I. 1997/2580 art. 2, Sch.

S. 156 extended (with modifications) to Bermuda (30.11.1997) by S.I. 1997/2581, art. 2, Sch.

S. 156 extended (with modifications) to the British Antarctic Territory (30.11.1997) by S.I. 1997/2582, art. 2, Sch.

S. 156 extended (with modifications) to the British Indian Ocean Territory (30.11.1997) by S.I. 1997/2583, art. 2, Sch.

S. 156 extended (with modifications) to the Falkland Islands (30.11.1997) by S.I. 1997/2584, art. 2, Sch.

S. 156 extended (with modifications) to the Pitcairn, Henderson, Ducie and Oneo Islands (30.11.1997) by S.I. 1997/2585, art. 2, Sch.

S. 156 extended (with modifications) to the Sovereign Base Areas of Akrotiri and Dhekelia (30.11.1997) by S.I. 1997/2587, art. 2, Sch.

S. 156 extended (with modifications) to the South Georgia and the South Sandwich Islands (30.11.1997) by S.I. 1997/2588, art. 2, Sch.

S. 156 extended (with modifications) to the Turks and Caicos Islands (30.11.1997) by S.I. 1997/2589, art. 2, Sch.

S. 156 extended (with modifications) to the Virgin Islands (30.11.1997) by S.I. 1997/2590, art. 2, Sch.

S. 156 extended (with modifications) to Jersey (1.12.1997) by S.I. 1997/2598, arts. 2, 3, Sch. 1

S. 156 extended (with modifications) to Guernsey (11.3.1998) by S.I. 1998/260, arts. 2, 3, Sch. 1

S. 156 extended (with modifications) to the Cayman Islands (20.5.1998) by S.I. 1998/1261, art. 2, Sch.

S. 156 extended (with modifications) to Montserrat (20.5.1998) by S.I. 1998/1262, art. 2, Sch.

S. 156 extended (with modifications) to Saint Helena (20.5.1998) by S.I. 1998/1262, art. 2, Sch.

[F62156ALiability under section 153, 153A or 154: supplementary provisionsU.K.

(1)For the purposes of this Chapter —

(a)references to a discharge or escape of oil or bunker oil from a ship are references to such a discharge or escape wherever it may occur;

(b)references to a discharge or escape of oil from a ship include a discharge or escape of oil carried in the bunkers of the ship;

(c)where more than one discharge or escape of oil or bunker oil results from the same occurrence or from a series of occurrences having the same origin, they shall be treated as one, but any measures taken after the first of them shall be deemed to have been taken after the discharge or escape; and

(d)where a relevant threat of contamination results from a series of occurrences having the same origin, they shall be treated as a single occurrence.

(2)The Law Reform (Contributory Negligence) Act 1945F63 and, in Northern Ireland, the Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1948F64 shall apply in relation to any damage or cost for which a person is liable under section 153, 153A or 154, but which is not due to his fault, as if it were due to his fault.]

Textual Amendments

Limitation of liability [F65under section 153] U.K.

Textual Amendments

157 Limitation of liability under section 153.U.K.

(1)Where, as a result of any occurrence, the [F66registered owner] of a ship incurs liability under section 153 by reason of a discharge or escape or by reason of any relevant threat of contamination [F67falling within subsection (2) of that section], then (subject to subsection (3) below)—

(a)he may limit that liability in accordance with the provisions of this Chapter, and

(b)if he does so, his liability (being the aggregate of his liabilities under section 153 resulting from the occurrence) shall not exceed the relevant amount.

(2)In subsection (1) above, “the relevant amount” means—

(a)in relation to a ship not exceeding 5,000 tons, [F684.51 million] special drawing rights;

(b)in relation to a ship exceeding 5,000 tons, [F694.51 million] special drawing rights together with an additional [F70631] special drawing rights for each ton of its tonnage in excess of 5,000 tons up to a maximum amount of [F7189.77 million] special drawing rights;

but the Secretary of State may by order make such amendments of paragraphs (a) and (b) above as appear to him to be appropriate for the purpose of giving effect to the entry into force of any amendment of the limits of liability laid down in paragraph 1 of Article V of the Liability Convention.

(3)Subsection (1) above shall not apply in a case where it is proved that the discharge or escape, or (as the case may be) the relevant threat of contamination, resulted from anything done or omitted to be done by the [F72registered owner] either with intent to cause any such damage or cost as is mentioned in section 153 or recklessly and in the knowledge that any such damage or cost would probably result.

(4)For the purposes of this section a ship’s tonnage shall be its gross tonnage calculated in such manner as may be prescribed by an order made by the Secretary of State.

(5)Any such order shall, so far as it appears to the Secretary of State to be practicable, give effect to the regulations in Annex 1 of the International Convention on Tonnage Measurement of Ships 1969.

Textual Amendments

Modifications etc. (not altering text)

C81S. 157 extended (with modifications) to Anguilla (30.11.1997) by S.I. 1997/2580, art. 2, Sch.

S. 157 extended (with modifications) to Bermuda (30.11.1997) by S.I. 1997/2581, art. 2, Sch.

S. 157 extended (with modifications) to the British Antarctic Territory (30.11.1997) by S.I. 1997/2582, art. 2, Sch.

S. 157 extended (with modifications) to the British Indian Ocean Territory (30.11.1997) by S.I. 1997/2583, art. 2, Sch.

S. 157 extended (with modifications) to the Falkland Islands (30.11.1997) by S.I. 1997/2584, art. 2, Sch.

s. 157 extended (with modifications) to the Pitcairn, Henderson, Ducie, and Oneo Islands (30.11.1997) by S.I. 1997/2585, arts. 2, 3, Sch.

s. 157 extended (with modifications) to the Sovereign Base Areas of Akrotiri and Dhekelia (30.11.1997) by S.I. 1997/2587, art. 2, Sch.

s. 157 extended (with modifications) to the South Georgia and the South Sandwich Islands (30.11.1997) by S.I. 1997/2588, art. 2, Sch.

s. 157 extended (with modifications) to the Turks and Caicos Islands (30.11.1997) by S.I. 1997/2589, art. 2, Sch.

s. 157 extended (with modifications) to the Virgin Islands (30.11.1997) by S.I. 1997/2590, art. 2, Sch.

S. 157 extended (with modifications) to Jersey (1.12.1997) by S.I. 1997/2598, arts. 2, 3, Sch. 1

S. 157 extended (with modifications) to Guernsey (11.3.1998) by S.I. 1998/260, arts. 2, 3, Sch. 1

S. 157 extended (with modifications) to the Cayman Islands (20.5.1998) by S.I. 1998/1261, art. 2, Sch.

S. 157 extended (with modifications) to Montserrat (20.5.1998) by S.I. 1998/1262, art. 2, Sch.

S. 157 extended (with modifications) to Saint Helena (20.5.1998) by S.I. 1998/1263, art. 2, Sch.

158 Limitation actions.U.K.

(1)Where the [F73registered owner] of a ship has or is alleged to have incurred a liability under section 153 he may apply to the court for the limitation of that liability to an amount determined in accordance with section 157.

(2)If on such an application the court finds that the applicant has incurred such a liability [F74but has not found that he is not entitled to limit it], the court shall, after determining [F75the limit which would apply to the applicant’s liability if he were entitled to limit it] and directing payment into court of the amount of that limit—

(a)determine the amounts that would, apart from the limit, be due in respect of the liability to the several persons making claims in the proceedings; and

(b)direct the distribution of the amount paid into court (or, as the case may be, so much of it as does not exceed the liability) among those persons in proportion to their claims, subject to the following provisions of this section.

F76[(2A)Where—

(a)a distribution is made under subsection (2)(b) above without the court having found that the applicant is entitled to limit his liability, and

(b)the court subsequently finds that the applicant is not so entitled,

the making of the distribution is not to be regarded as affecting the applicant’s liability in excess of the amount distributed.]

(3)A payment into court of the amount of a limit determined in pursuance of this section shall be made in sterling; and

(a)for the purpose of converting such an amount from special drawing rights into sterling one special drawing right shall be treated as equal to such a sum in sterling as the International Monetary Fund have fixed as being the equivalent of one special drawing right for—

(i)the day on which the determination is made; or

(ii)if no sum has been so fixed for that day, the last day before that day for which a sum has been so fixed;

(b)a certificate given by or on behalf of the Treasury stating—

(i)that a particular sum in sterling has been so fixed for the day on which the determination was made, or

(ii)that no sum has been so fixed for that day and that a particular sum in sterling has been so fixed for a day which is the last day for which a sum has been so fixed before the day on which the determination was made,

shall be conclusive evidence of those matters for the purposes of this Chapter;

(c)a document purporting to be such a certificate shall, in any proceedings, be received in evidence and, unless the contrary is proved, be deemed to be such a certificate.

(4)No claim shall be admitted in proceedings under this section unless it is made within such time as the court may direct or such further time as the court may allow.

(5)Where any sum has been paid in or towards satisfaction of any claim in respect of the damage or cost to which the liability extends—

(a)by the [F77registered owner] or the persons referred to in section 165 as “the insurer” [F78(in relation to any insurance or other security provided as mentioned in subsection (1) of that section)]; or

(b)by a person who has or is alleged to have incurred a liability, otherwise than under section 153, for the damage or cost and who is entitled to limit his liability in connection with the ship by virtue of section 185 or 186;

the person who paid the sum shall, to the extent of that sum, be in the same position with respect to any distribution made in proceedings under this section as the person to whom it was paid would have been.

(6)Where the person who incurred the liability has voluntarily made any reasonable sacrifice or taken any other reasonable measures to prevent or reduce damage to which the liability extends or might have extended he shall be in the same position with respect to any distribution made in proceedings under this section as if he had a claim in respect of the liability equal to the cost of the sacrifice or other measures.

(7)The court may, if it thinks fit, postpone the distribution of such part of the amount to be distributed as it deems appropriate having regard to any claims that may later be established before a court of any country outside the United Kingdom.

(8)No lien or other right in respect of any ship or other property shall affect the proportions in which any amount is distributed in accordance with subsection (2)(b) above.

Textual Amendments

F74Words in s. 158(2) substituted (17.7.1997) by 1997 c. 28, s. 29(1), Sch. 6 para. 4(2)(a); S.I. 1997/1539, art. 2, Sch.

F75Words in s. 158(2) substituted (17.7.1997) by 1997 c. 28, s. 29(1), Sch. 6 para. 4(2)(b); S.I. 1997/1539, art. 2, Sch.

F76S. 158(2A) inserted (17.7.1997) by 1997 c. 28, s. 29(1), Sch. 6 para. 4(3); S.I. 1997/1539, art. 2, Sch.

Modifications etc. (not altering text)

C82s. 158 extended (with modifications) to Anguilla (30.11.1997) by S.I. 1997/2580, art. 2, Sch.

s. 158 extended (with modifications) to Bermuda (30.11.1997) by S.I. 1997/2581, art. 2, Sch.

s. 158 extended (with modifications) to the British Antarctic Territory (30.11.1997) by S.I. 1997/2582, art. 2, Sch.

s. 158 extended (with modifications) to the British Indian Ocean Territory (30.11.1997) by S.I. 1997/2583, art. 2, Sch.

s. 158 extended (with modifications) to the Falkland Islands (30.11.1997) by S.I. 1997/2584, art. 2, Sch.

s. 158 extended (with modifications) to the Pitcairn, Henderson, Ducie and Oneo Islands (30.11.1997) by S.I. 1997/2585, arts. 2, 3, Sch.

s. 158 extended (with modifications) to the Sovereign Base Areas of Akrotiri and Dhekelia (30.11.1997) by S.I. 1997/2587, art. 2, Sch.

s. 158 extended (with modifications) to the South Georgia and the South Sandwich Islands (30.11.1997) by S.I. 1997/2588, art. 2, Sch.

s. 158 extended (with modifications) to the Turks and Caicos Islands (30.11.1997) by S.I. 1997/2589, art. 2, Sch.

s. 158 extended (with modifications) to the Virgin Islands (30.11.1997) by S.I. 1997/2590, art. 2, Sch.

S. 158 extended (with modifications) to Jersey (1.12.1997) by S.I. 1997/2598, arts. 2, 3, Sch. 1

S. 158 extended (with modifications) to Guernsey (11.3.1998) by S.I. 1998/260, arts. 2, 3, Sch. 1

S. 158 extended (with modifications) to the Cayman Islands (20.5.1998) by S.I. 1998/1261, art. 2, Sch.

S. 158 extended (with modifications) to Montserrat (20.5.1998) by S.I. 1998/1262, art. 2, Sch.

S. 158 extended (with modifications) to Saint Helena (20.5.1998) by S.I. 1998/1263, art. 2, Sch.

159 Restriction on enforcement after establishment of limitation fund.U.K.

(1)Where the court has found that a person who has incurred a liability under section 153 is entitled to limit that liability to any amount and he has paid into court a sum not less than that amount—

(a)the court shall order the release of any ship or other property arrested in connection with a claim in respect of that liability or any security given to prevent or obtain release from such an arrest; and

(b)no judgment or decree for any such claim shall be enforced, except so far as it is for costs (or, in Scotland, expenses);

if the sum paid into court, or such part thereof as corresponds to the claim, will be actually available to the claimant or would have been available to him if the proper steps in the proceedings under section 158 had been taken.

(2)In the application of this section to Scotland, any reference (however expressed) to release from arrest shall be construed as a reference to the recall of an arrestment.

Modifications etc. (not altering text)

C83s. 159 extended (with modifications) to Anguilla (30.11.1997) by S.I. 1997/2580, art. 2, Sch.

s. 159 extended (with modifications) to Bermuda (30.11.1997) by S.I. 1997/2581, art. 2, Sch.

s. 159 extended (with modifications) to the British Antarctic Territory (30.11.1997) by S.I. 1997/2582, art. 2, Sch.

s. 159 extended (with modifications) to the British Indian Ocean Territory (30.11.1997) by S.I. 1997/2583, art. 2, Sch.

s. 159 extended (with modifications) to the Falkland Islands (30.11.1997) by S.I. 1997/2584, art. 2, Sch.

s. 159 extended (with modifications) to the Pitcairn, Henderson, Ducie, and Oneo Islands (30.11.1997) by S.I. 1997/2585, arts. 2, 3, Sch.

s. 159 extended (with modifications) to the Sovereign Base Areas of Akrotiri and Dhekelia (30.11.1997) by S.I. 1997/2587, art. 2, Sch.

s. 159 extended (with modifications) to the South Georgia and the South Sandwich Islands (30.11.1997) by S.I. 1997/2588, art. 2, Sch.

s. 159 extended (with modifications) to the Turks and Caicos Islands (30.11.1997) by S.I. 1997/2589, art. 2, Sch.

s. 159 extended (with modifications) to the Virgin Islands (30.11.1997) by S.I. 1997/2590, art. 2, Sch.

S. 159 extended (with modifications) to Jersey (1.12.1997) by S.I. 1997/2598, arts. 2, 3, Sch. 1

S. 159 extended (with modifications) to Guernsey (11.3.1998) by S.I. 1998/260, arts. 2, 3, Sch. 1

S. 159 extended (with modifications) to the Cayman Islands (20.5.1998) by S.I. 1998/1261, art. 2, Sch.

S. 159 extended (with modifications) to Montserrat (20.5.1998) by S.I. 1998/1262, art. 2, Sch.

S. 159 extended (with modifications) to Saint Helena (20.5.1998) by S.I. 1998/1263, art. 2, Sch.

160 Concurrent liabilities of owners and others.U.K.

Where, as a result of any discharge or escape of oil from a ship or as a result of any relevant threat of contamination, the [F79registered owner] of the ship incurs a liability under section 153 and any other person incurs a liability, otherwise than under that section, for any such damage or cost as is mentioned in subsection (1) or (2) of that section then, if—

(a)the [F79registered owner] has been found, in proceedings under section 158 to be entitled to limit his liability to any amount and has paid into court a sum not less than that amount; and

(b)the other person is entitled to limit his liability in connection with the ship by virtue of section 185 or 186;

no proceedings shall be taken against the other person in respect of his liability, and if any such proceedings were commenced before the [F79registered owner] paid the sum into court, no further steps shall be taken in the proceedings except in relation to costs.

Textual Amendments

Modifications etc. (not altering text)

C84s. 160 extended (with modifications) to Anguilla (30.11.1997) by S.I. 1997/2580, art. 2, Sch.

s. 160 extended (with modifications) to Bermuda (30.11.1997) by S.I. 1997/2581, art. 2, Sch.

s. 160 extended (with modifications) to the British Antarctic Territory (30.11.1997) by S.I. 1997/2582, art. 2, Sch.

s. 160 extended (with modifications) to the British Indian Ocean Territory (30.11.1997) by S.I. 1997/2583, art. 2, Sch.

s. 160 extended (with modifications) to the Falkland Islands (30.11.1997) by S.I. 1997/2584, art. 2, Sch.

s. 160 extended (with modifications) to the Pitcairn, Henderson, Ducie, and Oneo Islands (30.11.1997) by S.I. 1997/2585, arts. 2, 3, Sch.

s. 160 extended (with modifications) to the Sovereign Base Areas of Akrottiri and Dhekelia (30.11.1997) by S.I. 1997/2587, art. 2, Sch.

s. 160 extended (with modifications) to the South Georgia and the South Sandwich Islands (30.11.1997) by S.I. 1997/2588, art. 2, Sch.

s. 160 extended (with modifications) to the Turks and Caicos Islands (30.11.1997) by S.I. 1997/2589, art. 2, Sch.

s. 160 extended (with modifications) to the Virgin Islands (30.11.1997) by S.I. 1997/2590, art. 2, Sch.

S. 160 extended (with modifications) to Jersey (1.12.1997) by S.I. 1997/2598, arts. 2, 3, Sch. 1

S. 160 extended (with modifications) to Guernsey (11.3.1998) by S.I. 1998/260, arts. 2, 3, Sch. 1

S. 160 extended (with modifications) to the Cayman Islands (20.5.1998) by S.I. 1998/1261, art. 2, Sch.

S. 160 extended (with modifications) to Montserrat (20.5.1998) by S.I. 1998/1262, art. 2, Sch.

S. 160 extended (with modifications) to Saint Helena (20.5.1998) by S.I. 1998/1263, art. 2, Sch.

161 Establishment of limitation fund outside United Kingdom.U.K.

Where the events resulting in the liability of any person under section 153 also resulted in a corresponding liability under the law of another Liability Convention country sections 159 and 160 shall apply as if the references to sections 153 and 158 included references to the corresponding provisions of that law and the references to sums paid into court included references to any sums secured under those provisions in respect of the liability.

Modifications etc. (not altering text)

C85s. 161 extended (with modifications) to Anguilla (30.11.1997) by S.I. 1997/2580, art. 2, Sch.

s. 161 extended (with modifications) to Bermuda (30.11.1997) by S.I. 1997/2581, art. 2, Sch.

s. 161 extended (with modifications) to the British Antarctic Territory (30.11.1997) by S.I. 1997/2582, art. 2, Sch.

s. 161 extended (with modifications) to the British Indian Ocean Territory (30.11.1997) by S.I. 1997/2583, art. 2, Sch.

s. 161 extended (with modifications) to the Falkland Islands (30.11.1997) by S.I. 1997/2584, art. 2, Sch.

s. 161 extended (with modifications) to the Pitcairn, Henderson, Ducie and Oneo Islands (30.11.1997) by S.I. 1997/2585, arts. 2, 3, Sch.

s. 161 extended (with modifications) to the Sovereign Base Areas of Akrotiri and Dhekelia (30.11.1997) by S.I. 1997/2587, art. 2, Sch.

s. 161 extended (with modifications) to the South Georgia and South Sandwich Islands (30.11.1997) by S.I. 1997/2588, art. 2, Sch.

s. 161 extended (with modifications) to the Turks and Caicos Islands (30.11.1997) by S.I. 1997/2589, art. 2, Sch.

s. 161 extended (with modifications) to the Virgin Islands (30.11.1997) by S.I. 1997/2590, art. 2, Sch.

S. 161 extended (with modifications) to Jersey (1.12.1997) by S.I. 1997/2598, arts. 2, 3, Sch. 1

S. 161 extended (with modifications) to Guernsey (11.3.1998) by S.I. 1998/260, arts. 2, 3, Sch. 1

S. 161 extended (with modifications) to the Cayman Islands (20.5.1998) by S.I. 1998/1261, art. 2, Sch.

S. 161 extended (with modifications) to Montserrat (20.5.1998) by S.I. 1998/1262, art. 2, Sch.

S. 161 extended (with modifications) to Saint Helena (20.5.1998) by S.I. 1998/1263, art. 2, Sch.

[F80Limitation period for claims under this Chapter]U.K.

Textual Amendments

162 Extinguishment of claims.U.K.

No action to enforce a claim in respect of a liability incurred under section 153 [F81, 153A] or 154 shall be entertained by any court in the United Kingdom unless the action is commenced not later than three years after the claim arose nor later than six years after the occurrence or first of the occurrences resulting in the discharge or escape, or (as the case may be) in the relevant threat of contamination, by reason of which the liability was incurred.

Textual Amendments

Modifications etc. (not altering text)

C86s. 162 extended (with modifications) to Anguilla (30.11.1997) by S.I. 1997/2580, art. 2, Sch.

s. 162 extended (with modifications) to Bermuda (30.11.1997) by S.I. 1997/2581, art. 2, Sch.

s. 162 extended (with modifications) to the British Antarctic Territory (30.11.1997) by S.I. 1997/2582, art. 2, Sch.

s. 162 extended (with modifications) to the British Indian Ocean Territory (30.11.1997) by S.I. 1997/2583, art. 2, Sch.

s. 162 extended (with modifications) to the Falkland Islands (30.11.1997) by S.I. 1997/2584, art. 2, Sch.

s. 162 extended (with modifications) to the Pitcairn, Henderson, Ducie and Oneo Islands (30.11.1997) by S.I. 1997/2585, arts. 2, 3, Sch.

s. 162 extended (with modifications) to the Sovereign Base Areas of Akrotiri and Dhekelia (30.11.1997) by S.I. 1997/2587, art. 2, Sch.

s. 162 extended (with modifications) to the South Georgia and South Sandwich Islands (30.11.1997) by S.I. 1997/2588, art. 2, Sch.

s. 162 extended (with modifications) to the Turks and Caicos Islands (30.11.1997) by S.I. 1997/2589, art. 2, Sch.

s. 162 extended (with modifications) to the Virgin Islands (30.11.1997) by S.I. 1997/2590, art. 2, Sch.

S. 162 extended (with modifications) to Jersey (1.12.1997) by S.I. 1997/2598, arts. 2, 3, Sch. 1

S. 162 extended (with modifications) to Guernsey (11.3.1998) by S.I. 1998/260, arts. 2, 3, Sch. 1

S. 162 extended (with modifications) to the Cayman Islands (20.5.1998) by S.I. 1998/1261, art. 2, Sch.

S. 162 extended (with modifications) to Montserrat (20.5.1998) by S.I. 1998/1262, art. 2, Sch.

S. 162 extended (with modifications) to Saint Helena (20.5.1998) by S.I. 1998/1263, art. 2, Sch.

Compulsory insuranceU.K.

163 Compulsory insurance against liability for pollution.U.K.

(1)Subject to the provisions of this Chapter relating to Government ships, subsection (2) below shall apply to any ship carrying in bulk a cargo of more than 2,000 tons of oil of a description specified in regulations made by the Secretary of State.

(2)The ship shall not enter or leave a port in the United Kingdom or arrive at or leave a terminal in the territorial sea of the United Kingdom nor, if the ship is a United Kingdom ship, a port in any other country or a terminal in the territorial sea of any other country, unless there is in force a certificate complying with the provisions of subsection (3) below and showing that there is in force in respect of the ship a contract of insurance or other security satisfying the requirements of Article VII of the Liability Convention (cover for owner’s liability).

(3)The certificate must be—

(a)if the ship is a United Kingdom ship, a certificate issued by the Secretary of State;

(b)if the ship is registered in a Liability Convention country other than the United Kingdom, a certificate issued by or under the authority of the government of the other Liability Convention country; and

(c)if the ship is registered in a country which is not a Liability Convention country, a certificate issued by the Secretary of State or by or under the authority of the government of any Liability Convention country other than the United Kingdom.

(4)Any certificate required by this section to be in force in respect of a ship shall be carried in the ship and shall, on demand, be produced by the master to any officer of customs and excise or of the Secretary of State and, if the ship is a United Kingdom ship, to any proper officer.

(5)If a ship enters or leaves, or attempts to enter or leave, a port or arrives at or leaves, or attempts to arrive at or leave, a terminal in contravention of subsection (2) above, the master or [F82registered owner] shall be liable [F83on conviction on indictment to a fine, or on summary conviction to a fine not exceeding £50,000] [F83on summary conviction, or on conviction on indictment, to a fine].

(6)If a ship fails to carry, or the master of a ship fails to produce, a certificate as required by subsection (4) above, the master shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(7)If a ship attempts to leave a port in the United Kingdom in contravention of this section the ship may be detained.

Textual Amendments

Modifications etc. (not altering text)

C87s. 163 extended (with modifications) to Anguilla (30.11.1997) by S.I. 1997/2580, art. 2, Sch.

s. 163 extended (with modifications) to Bermuda (30.11.1997) by S.I. 1997/2581, art. 2, Sch.

s. 163 extended (with modifications) to the British Antarctic Territory (30.11.1997) by S.I. 1997/2582, art. 2, Sch.

s. 163 extended (with modifications) to the British Indian Ocean Territory (30.11.1997) by S.I. 1997/2583, art. 2, Sch.

s. 163 extended (with modifications) to the Falkland Islands (30.11.1997) by S.I. 1997/2584, art. 2, Sch.

s. 163 extended (with modifications) to the Pitcairn, Henderson, Ducie and Oneo Islands (30.11.1997) by S.I. 1997/2585, arts. 2, 3, Sch.

s. 163 extended (with modifications) to the Sovereign Base Areas of Akrotiri and Dhekelia (30.11.1997) by S.I. 1997/2587, art. 2, Sch.

s. 163 extended (with modifications) to the South Georgia and the South Sandwich Islands (30.11.1997) by S.I. 1997/2588, art. 2, Sch.

s. 163 extended (with modifications) to the Turks and Caicos Islands (30.11.1997) by S.I. 1997/2589, art. 2, Sch.

s. 163 extended (with modifications) to the Virgin Islands (30.11.1997) by S.I. 1997/2590, art. 2, Sch.

S. 163 extended (with modifications) to Jersey (1.12.1997) by S.I. 1997/2598, arts. 2, 3, Sch. 1

S. 163 extended (with modifications) to Guernsey (11.3.1998) by S.I. 1998/260, arts. 2, 3, Sch. 1

S. 163 extended (with modifications) to the Cayman Islands (20.5.1998) by S.I. 1998/1261, art. 2, Sch.

S. 163 extended (with modifications) to Montserrat (20.5.1998) by S.I. 1998/1262, art. 2, Sch.

S. 163 extended (with modifications) to Saint Helena (20.5.1998) by S.I. 1998/1263, art. 2, Sch.

[F84163ACompulsory insurance against liability for pollution from bunker oilU.K.

(1)Subject to the provisions of this Chapter relating to Government ships, subsection (2) below shall apply to any ship having a gross tonnage greater than 1,000 tons calculated in the manner prescribed by an order made by the Secretary of State under paragraph 5(2) of Part II of Schedule 7.

(2)The ship shall not enter or leave a port in the United Kingdom or arrive at or leave a terminal in the territorial sea of the United Kingdom nor, if the ship is a United Kingdom ship, a port in any other country or a terminal in the territorial sea of any other country, unless there is in force—

(a)a contract of insurance or other security in respect of the ship satisfying the requirements of Article 7 of the Bunkers Convention; and

(b)a certificate complying with the provisions of subsection (3) showing that there is in force in respect of the ship a contract of insurance or other security satisfying those requirements.

(3)The certificate must be—

(a)if the ship is a United Kingdom ship, a certificate issued by the Secretary of State;

(b)if the ship is registered in a Bunkers Convention country other than the United Kingdom, a certificate issued by or under the authority of the government of the other Bunkers Convention country; and

(c)if the ship is registered in a country which is not a Bunkers Convention country, a certificate issued by the Secretary of State or by or under the authority of the government of any Bunkers Convention country other than the United Kingdom.

(4)Any certificate required by this section to be in force in respect of a ship shall be carried in the ship and shall, on demand, be produced by the master to any officer of Revenue and Customs or of the Secretary of State and, if the ship is a United Kingdom ship, to any proper officer.

(5)If a ship enters or leaves, or attempts to enter or leave, a port or arrives at or leaves, or attempts to arrive at or leave, a terminal in contravention of subsection (2) by reason of there being no certificate in force as mentioned in that subsection, the master or registered owner shall be liable on conviction on indictment to a fine, or on summary conviction to a fine not exceeding the statutory maximum.

(6)If a ship fails to carry, or the master of a ship fails to produce, a certificate as required by subsection (4), the master shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(7)If a ship attempts to leave a port in the United Kingdom in contravention of subsection (2), the ship may be detained.

(8)Any document required or authorised, by virtue of any statutory provision, to be served on a foreign company for the purposes of the institution of (or otherwise in connection with) proceedings for an offence under subsection (5) against the company as registered owner of the ship shall be treated as duly served on the company if the document is served on the master of the ship.

[F85In this subsection “foreign company” means a company or body which is not one to which section 1139 of the Companies Act 2006 applies so as to authorise service of the document in question.]

(9)Any person authorised to serve any document for the purposes of the institution of (or otherwise in connection with) the institution of proceedings for an offence under this section shall, for that purpose, have the right to go on board the ship in question.

(10)In the case of a ship of which, at any relevant time, the tonnage has not been and cannot be ascertained in the manner set out in subsection (1), the best available evidence shall be used in calculating the tonnage of the ship in accordance with any order under paragraph 5(2) of Part II of Schedule 7.]

Textual Amendments

164 Issue of certificate by Secretary of State.U.K.

(1)Subject to subsection (2) below, if the Secretary of State is satisfied, on the application for such a certificate as is mentioned in [F86section 163(2)] in respect of a United Kingdom ship or a ship registered in any country which is not a Liability Convention country, that there will be in force in respect of the ship, throughout the period for which the certificate is to be issued, a contract of insurance or other security satisfying the requirements of Article VII of the Liability Convention, the Secretary of State shall issue such a certificate to the [F87registered owner].

[F88(1A)Subject to subsection (2) below, if the Secretary of State is satisfied, on the application for such a certificate as is mentioned in section 163A(2) in respect of a United Kingdom ship F89..., that there will be in force in respect of the ship, throughout the period for which the certificate is to be issued, a contract of insurance or other security satisfying the requirements of Article 7 of the Bunkers Convention, the Secretary of State shall issue such a certificate to the registered owner.]

[F90(2)The Secretary of State may refuse the certificate if he is of the opinion that there is a doubt whether—

(a)the person providing the insurance or other security will be able to meet his obligations thereunder; or

(b)the insurance or other security will cover the registered owner’s liability under section 153, or the owner’s liability under section 153A, as the case may be.]

[F91(2A)If the Secretary of State is satisfied, on the application for such a certificate as is mentioned in section 163A(2) in respect of a ship registered in any country which is not a Bunkers Convention country, that there will be in force in respect of the ship, throughout the period for which the certificate is to be issued, a contract of insurance or other security satisfying the requirements of Article 7 of the Bunkers Convention, the Secretary of State may issue such a certificate to the registered owner.]

(3)The Secretary of State may make regulations providing for the cancellation and delivery up of a certificate under this section in such circumstances as may be prescribed by the regulations.

(4)If a person required by regulations under subsection (3) above to deliver up a certificate fails to do so he shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(5)The Secretary of State shall send a copy of any certificate issued by him under this section in respect of a United Kingdom ship to the Registrar General of Shipping and Seamen, and the Registrar shall make the copy available for public inspection.

Textual Amendments

F88S. 164(1A) inserted (15.7.2006 for specified purposes, 21.11.2008 in so far as not already in force) by The Merchant Shipping (Oil Pollution) (Bunkers Convention) Regulations 2006 (S.I. 2006/1244), regs. 1(2)(4), 18(3) (with reg. 1(5))

Modifications etc. (not altering text)

C88s. 164 extended (with modifications) to Anguilla (30.11.1997) by S.I. 1997/2580, art. 2, Sch.

s. 164 extended (with modifications) to Bermuda (30.11.1997) by S.I. 1997/2581, art. 2, Sch.

s. 164 extended (with modifications) to the British Antarctic Territory (30.11.1997) by S.I. 1997/2582, art. 2, Sch.

s. 164 extended (with modifications) to the British Indian Ocean Territory (30.11.1997) by S.I. 1997/2583, art. 2, Sch.

s. 164 extended (with modifications) to the Falkland Islands (30.11.1997) by S.I. 1997/2584, art. 2, Sch.

s. 164 extended (with modifications) to the Pitcairn, Henderson, Ducie and Oneo Islands (30.11.1997) by S.I. 1997/2585, arts. 2, 3, Sch.

s. 164 extended (with modifications) to the Sovereign Base Areas of Akrotiri and Dhekelia (30.11.1997) by S.I. 1997/2587, art. 2, Sch.

s. 164 extended (with modifications) to the South Georgia and the South Sandwich Islands (30.11.1997) by S.I. 1997/2588, art. 2, Sch.

s. 164 extended (with modifications) to the Turks and Caicos Islands (30.11.1997) by S.I. 1997/2589, art. 2, Sch.

s. 164 extended (with modifications) to the Virgin Islands (30.11.1997) by S.I. 1997/2590, art. 2, Sch.

S. 164 extended (with modifications) to Jersey (1.12.1997) by S.I. 1997/2598, arts. 2, 3, Sch. 1

S. 164 extended (with modifications) to Guernsey (11.3.1998) by S.I. 1998/260, arts. 2, 3, Sch. 1

S. 164 extended (with modifications) to the Cayman Islands (20.5.1998) by S.I. 1998/1261, art. 2, Sch.

S. 164 extended (with modifications) to Montserrat (20.5.1998) by S.I. 1998/1262, art. 2, Sch.

S. 164 extended (with modifications) to Saint Helena (20.5.1998) by S.I. 1998/1263, art. 2, Sch.

165 Rights of third parties against insurers.U.K.

(1)Where it is alleged that the [F92registered owner] of a ship has incurred a liability under section 153 as a result of any discharge or escape of oil occurring, or as a result of any relevant threat of contamination arising, while there was in force a contract of insurance or other security to which such a certificate as is mentioned in section [F93163(2)] related, proceedings to enforce a claim in respect of the liability may be brought against the person who provided the insurance or other security F94....

[F95(1A)Where it is alleged that the owner of a ship has incurred a liability under section 153A as a result of any discharge or escape of bunker oil occurring, or as a result of any relevant threat of contamination arising, while there was in force a contract of insurance or other security to which such a certificate as is mentioned in section 163A(2) related, proceedings to enforce a claim in respect of the liability may be brought against the person who provided the insurance or other security.

(1B)In the following provisions of this section, “the insurer” means the person who provided the insurance or other security referred to in subsection (1) or subsection (1A), as the case may be.]

(2)In any proceedings brought against the insurer by virtue of this section [F96in respect of liability under section 153] it shall be a defence (in addition to any defence affecting the [F97registered owner's] liability) to prove that the discharge or escape, or (as the case may be) the threat of contamination, was due to the wilful misconduct of the [F98registered owner] himself.

(3)The insurer may limit his liability in respect of claims [F99in respect of liability under section 153 which are] made against him by virtue of this section in like manner and to the same extent as the [F100registered owner] may limit his liability [F101under section 157] but the insurer may do so whether or not the discharge or escape, or (as the case may be) the threat of contamination, resulted from anything done or omitted to be done by the [F100registered owner] as mentioned in section 157(3).

(4)Where the [F102registered owner] and the insurer each apply to the court for the limitation of his liability [F103(in relation to liability under section 153)] any sum paid into court in pursuance of either application shall be treated as paid also in pursuance of the other.

[F104(4A)In any proceedings brought against the insurer by virtue of this section in respect of liability under section 153A it shall be a defence (in addition to any defence affecting the owner’s liability) to prove that the discharge or escape, or (as the case may be) the threat of contamination, was due to the wilful misconduct of the owner himself.

(4B)The insurer may limit his liability in respect of claims in respect of liability under section 153A which are made against him by virtue of this section in like manner and to the same extent as the owner may limit his liability by virtue of section 185; but the insurer may do so whether or not the discharge or escape, or (as the case may be) the threat of contamination, resulted from any act or omission mentioned in Article 4 of the Convention set out in Part I of Schedule 7.

(4C)Where the owner and the insurer each apply to the court for the limitation of his liability (in relation to liability under section 153A) any sum paid into court in pursuance of either application shall be treated as paid also in pursuance of the other.]

(5)The [F105Third Parties (Rights against Insurers) Act 2010] shall not apply in relation to any contract of insurance to which such a certificate as is mentioned in section 163 [F106or 163A] relates.

Textual Amendments

Modifications etc. (not altering text)

C89s. 165 extended (with modifications) to Anguilla (30.11.1997) by S.I. 1997/2580, art. 2, Sch.

s. 165 extended (with modifications) to Bermuda (30.11.1997) by S.I. 1997/2581, art. 2, Sch.

s. 165 extended (with modifications) to the British Antarctic Territory (30.11.1997) by S.I. 1997/2582, art. 2, Sch.

s. 165 extended (with modifications) to the British Indian Ocean Territory (30.11.1997) by S.I. 1997/2583, art. 2, Sch.

s. 165 extended (with modifications) to the Falkland Islands (30.11.1997) by S.I. 1997/2584, art. 2, Sch.

s. 165 extended (with modifications) to the Pitcairn, Henderson, Ducie and Oneo Islands (30.11.1997) by S.I. 1997/2585, arts. 2, 3, Sch.

s. 165 extended (with modifications) to the Sovereign Base Areas of Akrotiri and Dhekelia (30.11.1997) by S.I. 1997/2587, art. 2, Sch.

s. 165 extended (with modifications) to the South Georgia and the South Sandwich Islands (30.11.1997) by S.I. 1997/2588, art. 2, Sch.

s. 165 extended (with modifications) to the Turks and Caicos Islands (30.11.1997) by S.I. 1997/2589, art. 2, Sch.

s. 165 extended (with modifications) to the Virgin Islands (30.11.1997) by S.I. 1997/2590, art. 2, Sch.

S. 165 extended (with modifications) to Jersey (1.12.1997) by S.I. 1997/2598, arts. 2, 3, Sch. 1

S. 165 extended (with modifications) to Guernsey (11.3.1998) by S.I. 1998/260, arts. 2, 3, Sch. 1

S. 165 extended (with modifications) to the Cayman Islands (20.5.1998) by S.I. 1998/1261, art. 2, Sch.

S. 165 extended (with modifications) to Montserrat (20.5.1998) by S.I. 1998/1262, art. 2, Sch.

S. 165 extended (with modifications) to Saint Helena (20.5.1998) by S.I. 1998/1263, art. 2, Sch.

SupplementaryU.K.

166 Jurisdiction of United Kingdom courts and registration of foreign judgments.U.K.

(1)Paragraph 1(1)(d) of Schedule 1 to the M17Administration of Justice Act 1956 (Admiralty jurisdiction in claims for damage done by ships) shall be construed as extending to any claim in respect of a liability incurred under this Chapter, and the Admiralty jurisdiction of the Court of Session shall extend to any case arising out of any such claim.

(2)Where—

(a)[F107there is a discharge or escape of oil from a ship to which section 153 applies, or a discharge or escape of oil falling within section 154(1), which] does not result in any damage caused by contamination in the territory of the United Kingdom and no measures are reasonably taken to prevent or minimise such damage in that territory, or

(b)any relevant threat of contamination [F108falling within section 153(2) or 154(2)] arises but no measures are reasonably taken to prevent or minimise such damage in the territory of the United Kingdom,

no court in the United Kingdom shall entertain any action (whether in rem or in personam) to enforce a claim arising from any relevant damage or cost—

(i)against the [F109registered owner] of the ship, or

(ii)against any person to whom section 156(1)(ii) applies, unless any such damage or cost resulted from anything done or omitted to be done as mentioned in that provision.

(3)In subsection (2) above, “relevant damage or cost” means—

(a)in relation to any such discharge or escape as is mentioned in paragraph (a) of that subsection, any damage caused in the territory of another Liability Convention country by contamination resulting from the discharge or escape, or any cost incurred in taking measures to prevent or minimise such damage in the territory of another Liability Convention country,

(b)in relation to any such threat of contamination as is mentioned in paragraph (b) of that subsection, any cost incurred in taking measures to prevent or minimise such damage in the territory of another Liability Convention country; or

(c)any damage caused by any measures taken as mentioned in paragraph (a) or (b) above;

and section 156(2)(e) shall have effect for the purposes of subsection (2)(ii) above as if it referred to any person taking any such measures as are mentioned in paragraph (a) or (b) above.

[F110(3A)Where—

(a)there is a discharge or escape of bunker oil falling within section 153A(1) which does not result in any damage caused by contamination in the territory of the United Kingdom and no measures are reasonably taken to prevent or minimise such damage in that territory, or

(b)any relevant threat of contamination falling within section 153A(2) arises but no measures are reasonably taken to prevent or minimise such damage in the territory of the United Kingdom,

no court in the United Kingdom shall entertain any action (whether in rem or in personam) to enforce a claim arising from any relevant damage or cost—

(i)against the owner of the ship, or

(ii)against any person to whom section 156(2A)(ii) applies, unless any such damage or cost resulted from anything done or omitted to be done as mentioned in that provision.

(3B)In subsection (3A) above, “relevant damage or cost” means—

(a)in relation to any such discharge or escape as is mentioned in paragraph (a) of that subsection, any damage caused in the territory of another Bunkers Convention country by contamination resulting from the discharge or escape, or any cost incurred in taking measures to prevent or minimise such damage in the territory of another Bunkers Convention country;

(b)in relation to any such threat of contamination as is mentioned in paragraph (b) of that subsection, any cost incurred in taking measures to prevent or minimise such damage in the territory of another Bunkers Convention country; or

(c)any damage caused by any measures taken as mentioned in paragraph (a) or (b) above;

and section 156(2B)(d) shall have effect for the purpose of subsection (3A)(ii) above as if it referred to any person taking any such measures as are mentioned in paragraph (a) or (b) above.]

[F111(4)Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933 shall apply, whether or not it would so apply apart from this section, to—

(a)any judgment given by a court in a Liability Convention country to enforce a claim in respect of a liability incurred under any provision corresponding to section 153; and

(b)any judgment given by a court in a Bunkers Convention country to enforce a claim in respect of a liability incurred under any provision corresponding to section 153A;

and in its application to any such judgment that Part shall have effect with the omission of section 4(2) and (3) of that Act.]

Textual Amendments

Modifications etc. (not altering text)

C90s. 166 extended (with modifications) to Anguilla (30.11.1997) by S.I. 1997/2580, art. 2, Sch.

s. 166 extended (with modifications) to Bermuda (30.11.1997) by S.I. 1997/2581, art. 2, Sch.

s. 166 extended (with modifications) to the British Antarctic Territory (30.11.1997) by S.I. 1997/2582, art. 2, Sch.

s. 166 extended (with modifications) to the British Indian Ocean Territory (30.11.1997) by S.I. 1997/2583, art. 2, Sch.

s. 166 extended (with modifications) to the Falkland Islands (30.11.1997) by S.I. 1997/2584, art. 2, Sch.

s. 166 extended (with modifications) to the Pitcairn, Henderson, Ducie and Oneo Islands (30.11.1997) by S.I. 1997/2585, arts. 2, 3, Sch.

s. 166 extended (with modifications) to the Sovereign Bases Areas of Akrotiri and Dhekelia (30.11.1997) by S.I. 1997/2587, art. 2, Sch.

s. 166 extended (with modifications) to the South Georgia and the South Sandwich Islands (30.11.1997) by S.I. 1997/2588, art. 2, Sch.

s. 166 extended (with modifications) to the Turks and Caicos Islands (30.11.1997) by S.I. 1997/2589, art. 2, Sch.

s. 166 extended (with modifications) to the Virgin Islands (30.11.1997) by S.I. 1997/2590, art. 2, Sch.

S. 166 extended (with modifications) to Jersey (1.12.1997) by S.I. 1997/2598, arts. 2, 3, Sch. 1

S. 166 extended (with modifications) to Guernsey (11.3.1998) by S.I. 1998/260, arts. 2, 3, Sch. 1

S. 166 extended (with modifications) to the Cayman Islands (20.5.1998) by S.I. 1998/1261, art. 2, Sch.

S. 166 extended (with modifications) to Montserrat (20.5.1998) by S.I. 1998/1262, art. 2, Sch.

S. 166 extended (with modifications) to Saint Helena (20.5.1998) by S.I. 1998/1263, art. 2, Sch.

Marginal Citations

167 Government ships.U.K.

(1)Nothing in the preceding provisions of this Chapter applies in relation to any warship or any ship for the time being used by the government of any State for other than commercial purposes.

[F112(2)In relation to a ship owned by a State and for the time being used for commercial purposes—

(a)it shall be sufficient compliance with section 163(2) if there is in force a certificate issued by the government of that State and showing that the ship is owned by that State and that any liability for pollution damage as defined in Article I of the Liability Convention will be met up to the limit prescribed by Article V of that Convention; and

(b)it shall be sufficient compliance with section 163A(2) if there is in force a certificate issued by the government of that State and showing that the ship is owned by that State and that any liability for pollution damage as defined in Article 1 of the Bunkers Convention will be met up to the limits set out in Chapter II of the Convention in Part I of Schedule 7.]

(3)Every Liability Convention State shall, for the purposes of any proceedings brought in a court in the United Kingdom to enforce a claim in respect of a liability incurred under section 153, be deemed to have submitted to the jurisdiction of that court, and accordingly rules of court may provide for the manner in which such proceedings are to be commenced and carried on; but nothing in this subsection shall authorise the issue of execution, or in Scotland the execution of diligence, against the property of any State.

[F113(4)Every Bunkers Convention State shall, for the purposes of any proceedings brought in a court in the United Kingdom to enforce a claim in respect of a liability incurred under section 153A, be deemed to have submitted to the jurisdiction of that court, and accordingly rules of court may provide for the manner in which such proceedings are to be commenced and carried on; but nothing in this subsection shall authorise the issue of execution, or in Scotland, the execution of diligence, against the property of any State.]

Textual Amendments

Modifications etc. (not altering text)

C91s. 167 extended (with modifications) to Anguilla (30.11.1997) by S.I. 1997/2580, art. 2, Sch.

s. 167 extended (with modifications) to Bermuda (30.11.1997) by S.I. 1997/2581, art. 2, Sch.

s. 167 extended (with modifications) to the British Antarctic Territory (30.11.1997) by S.I. 1997/2582, art. 2, Sch.

s. 167 extended (with modifications) to the British Indian Ocean Territory (30.11.1997) by S.I. 1997/2583, art. 2, Sch.

s. 167 extended (with modifications) to the Falkland Islands (30.11.1997) by S.I. 1997/2584, art. 2, Sch.

s. 167 extended (with modifications) to the Pitcairn, Henderson, Ducie and Oneo Islands (30.11.1997) by S.I. 1997/2585, arts. 2, 3, Sch.

s. 167 extended (with modifications) to the Sovereign Base Areas of Akrotiri and Dhekelia (30.11.1997) by S.I. 1997/2587, art. 2, Sch.

s. 167 extended (with modifications) to the South Georgia and the South Sandwich Islands (30.11.1997) by S.I. 1997/2588, art. 2, Sch.

s. 167 extended (with modifications) to the Turks and Caicos Islands (30.11.1997) by S.I. 1997/2589, art. 2, Sch.

s. 167 extended (with modifications) to the Virgin Islands (30.11.1997) by S.I. 1997/2590, art. 2, Sch.

S. 167 extended (with modifications) to Jersey (1.12.1997) by S.I. 1997/2598, arts. 2, 3, Sch. 1

S. 167 extended (with modifications) to Guernsey (11.3.1998) by S.I. 1998/260, arts. 2, 3, Sch. 1

S. 167 extended (with modifications) to the Cayman Islands (20.5.1998) by S.I. 1998/1261, art. 2, Sch.

S. 167 extended (with modifications) to Montserrat (20.5.1998) by S.I. 1998/1262, art. 2, Sch.

S. 167 extended (with modifications) to Saint Helena (20.5.1998) by S.I. 1998/1262, art. 2, Sch.

168 Limitation of liability under section [F114153A or] 154.U.K.

For the purposes of section 185 any liability incurred under [F115section 153A or 154] shall be deemed to be a liability to damages in respect of such damage to property as is mentioned in paragraph 1(a) of Article 2 of the Convention in Part I of Schedule 7.

Textual Amendments

Modifications etc. (not altering text)

C92s. 168 extended (with modifications) to Anguilla (30.11.1997) by S.I. 1997/2580, art. 2, Sch.

s. 168 extended (with modifications) to Bermuda (30.11.1997) by S.I. 1997/2581, art. 2, Sch.

s. 168 extended (with modifications) to the British Antarctic Territory (30.11.1997) by S.I. 1997/2582, art. 2, Sch.

s. 168 extended (with modifications) to the British Indian Ocean Territory (30.11.1997) by S.I. 1997/2583, art. 2, Sch.

s. 168 extended (with modifications) to the Falkland Islands (30.11.1997) by S.I. 1997/2584, art. 2, Sch.

s. 168 extended (with modifications) to the Pitcairn, Henderson, Ducie and Oneo Islands (30.11.1997) by S.I. 1997/2585, arts. 2, 3, Sch.

s. 168 extended (with modifications) to the Sovereign Base Areas of Akrotiri and Dhekelia (30.11.1997) by S.I. 1997/2587, art. 2, Sch.

s. 168 extended (with modifications) to the South Georgia and South Sandwich Islands (30.11.1997) by S.I. 1997/2588, art. 2, Sch.

s. 168 extended (with modifications) to the Turks and Caicos Islands (30.11.1997) by S.I. 1997/2589, art. 2, Sch.

s. 168 extended (with modifications) to the Virgin Islands (30.11.1997) by S.I. 1997/2590, art. 2, Sch.

S. 168 extended (with modifications) to Jersey (1.12.1997) by S.I. 1997/2598, arts. 2, 3, Sch. 1

S. 168 extended (with modifications) to Guernsey (11.3.1998) by S.I. 1998/260, arts. 2, 3, Sch. 1

S. 168 extended (with modifications) to the Cayman Islands (20.5.1998) by S.I. 1998/1261, art. 2, Sch.

S. 168 extended (with modifications) to Montserrat (20.5.1998) by S.I. 1998/1262, art. 2, Sch.

S. 168 extended (with modifications) to Saint Helena (20.5.1998) by S.I. 1998/1263, art. 2, Sch.

169 Saving for recourse actions.U.K.

Nothing in this Chapter shall prejudice any claim, or the enforcement of any claim, a person incurring any liability under this Chapter may have against another person in respect of that liability.

Modifications etc. (not altering text)

C93s. 169 extended (with modifications) to Anguilla (30.11.1997) by S.I. 1997/2580, art. 2, Sch.

s. 169 extended (with modifications) to Bermuda (30.11.1997) by S.I. 1997/2581, art. 2, Sch.

s. 169 extended (with modifications) to the British Antarctic Territory (30.11.1997) by S.I. 1997/2582, art. 2, Sch.

s. 169 extended (with modifications) to the British Indian Ocean Territory (30.11.1997) by S.I. 1997/2583, art. 2, Sch.

s. 169 extended (with modifications) to the Falkland Islands (30.11.1997) by S.I. 1997/2584, art. 2, Sch.

s. 169 extended (with modifications) to the Pitcairn, Henderson, Ducie and Oneo Islands (30.11.1997) by S.I. 1997/2585, art. 2, Sch.

s. 169 extended (with modifications) to the Sovereign Base Areas of Akrotiri and Dhekelia (30.11.1997) by S.I. 1997/2587, arts. 2, 3, Sch.

s. 169 extended (with modifications) to the South Georgia and South Sandwich Islands (30.11.1997) by S.I. 1997/2588, art. 2, Sch.

s. 169 extended (with modifications) to the Turks and Caicos Islands (30.11.1997) by S.I. 1997/2589, art. 2, Sch.

s. 169 extended (with modifications) to the Virgin Islands (30.11.1997) by S.I. 1997/2590, art. 2, Sch.

S. 169 extended (with modifications) to Jersey (1.12.1997) by S.I. 1997/2598, arts. 2, 3, Sch. 1

S. 169 extended (with modifications) to Guernsey (11.3.1998) by S.I. 1998/260, arts. 2, 3, Sch. 1

S. 169 extended (with modifications) to the Cayman Islands (20.5.1998) by S.I. 1998/1261, art. 2, Sch.

S. 169 extended (with modifications) to Montserrat (20.5.1998) by S.I. 1998/1262, art. 2, Sch.

S. 169 extended (with modifications) to Saint Helena (20.5.1998) by S.I. 1998/1263, art. 2, Sch.

170 Interpretation.U.K.

(1)In this Chapter [F116(except this subsection)]—

  • [F117“bunker oil” means any hydrocarbon mineral oil (including lubricating oil) which is carried by a ship and used or intended to be used for the operation or propulsion of that ship and any residues of such oil;]

  • “the court” means the High Court or, in Scotland, the Court of Session;

  • “damage” includes loss;

  • “oil” means persistent hydrocarbon mineral oil [F118, except in the term “bunker oil”];

  • “owner” [F119has the meaning given by section 153A(7);

  • “registered owner” means] the person or persons registered as the owner of the ship or, in the absence of registration, the person or persons owning the ship, except that, in relation to a ship owned by a State which is operated by a person registered as the ship’s operator, it means the person registered as its operator;

  • “relevant threat of contamination” [F120includes (unless a contrary intention appears)—

    (a)

    a relevant threat of contamination falling within section 153(2) (as defined in section 153(2A));

    (b)

    a relevant threat of contamination falling within section 153A(2) (as defined in section 153A(4)); and

    (c)

    a relevant threat of contamination falling within section 154(2) (as defined in section 154(2B))]; and

  • “ship” (subject to section 154(5)) means any sea-going vessel or sea-borne craft of any type whatsoever.

(2)In relation to any damage or cost resulting from the discharge or escape of any oil [F121or bunker oil] from a ship, or from a relevant threat of contamination, references in this Chapter to the owner [F122or the registered owner] of the ship are references to the owner [F123or the registered owner (as the case may be)] at the time of the occurrence or first of the occurrences resulting in the discharge or escape or (as the case may be) in the threat of contamination.

(3)References in this Chapter in its application to Scotland—

(a)to payment into court, shall be construed as references to the payment to the Accountant of Court for Consignation (within the meaning of the Court of Session Consignations (Scotland) Act 1895; and

(b)to costs, shall be construed as references to expenses.

(4)References in this Chapter to the territory of any country include the territorial sea of that country and—

(a)in the case of the United Kingdom, any area [F124specified by virtue of section 129(2)(b)] and

(b)in the case of any other Liability Convention country [F125or Bunkers Convention country], the exclusive economic zone of that country established in accordance with international law, or, if such a zone has not been established, such area adjacent to the territorial sea of that country and extending not more that 200 nautical miles from the baselines from which the breadth of that sea is measured as may have been determined by that State in question in accordance with international law.

Textual Amendments

F124Words in s. 170(4)(a) substituted (17.7.1997) by 1997 c. 28, s. 29(1), Sch. 6 para. 5; S.I. 1997/1539, art. 2, Sch.

Modifications etc. (not altering text)

C94s. 170 extended (with modifications) to Anguilla (30.11.1997) by S.I. 1997/2580, art. 2, Sch.

s. 170 extended (with modifications) to Bermuda (30.11.1997) by S.I. 1997/2581, art. 2, Sch.

s. 170 extended (with modifications) to the British Antarctic Territory (30.11.1997) by S.I. 1997/2582, art. 2, Sch.

s. 170 extended (with modifications) to the British Indian Ocean Territory (30.11.1997) by S.I. 1997/2583, art. 2, Sch.

s. 170 extended (with modifications) to the Falkland Islands (30.11.1997) by S.I. 1997/2584, art. 2, Sch.

s. 170 extended (with modifications) to the Pitcairn, Henderson, Ducie and Oneo Islands (30.11.1997) by S.I. 1997/2585, arts. 2, 3, Sch.

s. 170 extended (with modifications) to the Sovereign Base Areas of Akrotiri and Dhekelia (30.11.1997) by S.I. 1997/2587, art. 2, Sch.

s. 170 extended (with modifications) to the South Georgia and South Sandwich Islands (30.11.1997) by S.I. 1997/2588, art. 2, Sch.

s. 170 extended (with modifications) to the Turks and Caicos Islands (30.11.1997) by S.I. 1997/2589, art. 2, Sch.

s. 170 extended (with modifications) to the Virgin Islands (30.11.1997) by S.I. 1997/2590, art. 2, Sch.

S. 170 extended (with modifications) to Jersey (1.12.1997) by S.I. 1997/2598, arts. 2, 3, Sch. 1

S. 170 extended (with modifications) to Guernsey (11.3.1998) by S.I. 1998/260, arts. 2, 3, Sch. 1

S. 170 extended (with modifications) to the Cayman Islands (20.5.1998) by S.I. 1998/1261, art. 2, Sch.

S. 170 extended (with modifications) to Montserrat (20.5.1998) by S.I. 1998/1262, art. 2, Sch.

S. 170 extended (with modifications) to Saint Helena (20.5.1998) by S.I. 1998/1263, art. 2, Sch.

171 Transitory text of this Chapter and power to make transitional provisions.U.K.

(1)Until such day as the Secretary of State may by order appoint, the provisions set out in Schedule 4 as Chapter III shall have effect instead of the foregoing provisions of this Chapter; and references in that Schedule to a section whose number is included in that Schedule is a reference to the section so included.

(2)Notwithstanding subsection (1) above, Her Majesty may by Order in Council make such provision as appears to Her Majesty to be appropriate in connection with the implementation of any transitional provisions contained in the 1992 Protocol or the Conventions which they amend; and any such Order may in particular provide, in relation to occurrences of any description specified in the Order—

(a)for specified provisions of this Chapter, whether as contained in this Chapter or in the Chapter III set out in Schedule 4, to have effect;

(b)for any such provisions to have effect subject to specified modifications.

(3)In subsection (2) above—

  • “the 1992 Protocol” means the Protocol of 1992 to amend the International Convention for Oil Pollution Damage 1969 signed in London on 27th November 1992; and

  • “specified” means specified in the Order.

Subordinate Legislation Made

P1S. 171(1) power exercised (30.5.1996) by S.I. 1996/1210, art. 2

Chapter IVU.K. International Oil PollutionCompensation Fund

PreliminaryU.K.

172 Meaning of the “Liability Convention”, “the Fund Convention” and related expressions.U.K.

(1)In this Chapter—

(a)“the Liability Convention” has the same meaning as in Chapter III of this Part;

(b)“the Fund Convention” means the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1992;

(c)“the Fund” means the International Fund established by the Fund Convention; F126...

(d)“Fund Convention country” means a country in respect of which the Fund Convention is in force.

[F127(e)“the Supplementary Fund Protocol” means the Protocol of 2003 to the Fund Convention;

(f)“the Supplementary Fund” means the International Supplementary Fund established by the Supplementary Fund Protocol; and

(g)“Supplementary Fund Protocol country” means a country in respect of which the Supplementary Fund Protocol is in force.]

(2)If Her Majesty by Order in Council declares that any State specified in the Order is a party to the Fund Convention in respect of any country so specified, the Order shall, while in force, be conclusive evidence that that State is a party to that Convention in respect of that country.

[F128(3)Subsection (2) applies in relation to the Supplementary Fund Protocol as it applies in relation to the Fund Convention.]

Textual Amendments

Modifications etc. (not altering text)

C95S. 172 extended (with modifications) to Anguilla (30.11.1997) by S.I. 1997/2580, art. 2, Sch.

S. 172 extended (with modifications) to Bermuda (30.11.1997) by S.I. 1997/2581, art. 2, Sch.

S. 172 extended (with modifications) to the British Antarctic Territory (30.11.1997) by S.I. 1997/2582, art. 2, Sch.

S. 172 extended (with modifications) to the British Indian Ocean Territory (30.11.1997) by S.I. 1997/2583, art. 2, Sch.

S. 172 extended (with modifications) to the Falkland Islands (30.11.1997) by S.I. 1997/2584, art. 2, Sch.

S. 172 extended (with modifications) to the Pitcairn, Henderson, Ducie and Oneo Islands (30.11.1997) by S.I. 1997/2585, arts. 2, 3, Sch.

S. 172 extended (with modifications) to the Sovereign Base Areas of Akrotiri and Dhekelia (30.11.1997) by S.I. 1997/2587, art. 2, Sch.

S. 172 extended (with modifications) to South Georgia and the South Sandwich Islands (30.11.1997) by S.I. 1997/2588, art. 2, Sch.

S. 172 extended (with modifications) to the Turks and Caicos Islands (30.11.1997) by S.I. 1997/2589, art. 2, Sch.

S. 172 extended (with modifications) to the Virgin Islands (30.11.1997) by S.I. 1997/2590, art. 2, Sch.

S. 172 extended (with modifications) to Jersey (1.12.1997) by S.I. 1997/2598, arts. 2, 3, Sch. 1

S. 172 extended (with modification) to Guernsey (11.3.1998) by S.I. 1998/260, arts. 2, 3, Sch. 1

S. 172 extended (with modifications) to the Cayman Islands (20.5.1998) by S.I. 1998/1261, art. 2, Sch.

S. 172 extended (with modifications) to Montserrat (20.5.1998) by S.I. 1998/1262, art. 2, Sch.

S. 172 extended (with modifications) to Saint Helena (20.5.1998) by S.I. 1998/1263, art. 2, Sch.

Contributions to FundU.K.

173 Contributions by importers of oil and others.U.K.

(1)Contributions shall be payable to the Fund [F129and to the Supplementary Fund] in respect of oil carried by sea to ports or terminal installations in the United Kingdom otherwise than on a voyage only within its national waters.

(2)Subsection (1) above applies whether or not the oil is being imported, and applies even if contributions are payable in respect of carriage of the same oil on a previous voyage.

(3)Contributions shall also be payable [F130—

(a)]to the Fund in respect of oil when first received in any installation in the United Kingdom after having been carried by sea and discharged in a port or terminal installation in a country which is not a Fund Convention country[F131; and

(b)to the Supplementary Fund in respect of oil when first received in any installation in the United Kingdom after having been carried by sea and discharged in a port or terminal installation in a country which is not a Supplementary Fund Protocol country.]

(4)The person liable to pay contributions is—

(a)in the case of oil which is being imported into the United Kingdom, the importer, and

(b)otherwise, the person by whom the oil is received.

(5)A person shall not be liable to make contributions in respect of the oil imported or received by him in any year if the oil so imported or received in the year does not exceed 150,000 tonnes.

(6)For the purpose of subsection (5) above—

(a)all the members of a group of companies shall be treated as a single person, and

(b)any two or more companies which have been amalgamated into a single company shall be treated as the same person as that single company.

(7)The contributions payable by a person for any year shall—

(a)be of such amount as may be determined [F132—

(i)] by the Director of the Fund under Article 12 of the Fund Convention and notified to that person by the Fund

(ii)[F133in the case of contributions to the Supplementary Fund, by the Director of the Supplementary Fund under Article 11 of the Supplementary Fund Protocol and notified to that person by the Supplementary Fund;]

(b)be payable in such instalments, becoming due at such times, as may be so notified to him;

and if any amount due from him remains unpaid after the date on which it became due, it shall from then on bear interest, at a rate determined from time to time by the Assembly of the Fund [F134or the Assembly of the Supplementary Fund (as the case may be)] , until it is paid.

(8)The Secretary of State may by regulations impose on persons who are or may be liable to pay contributions under this section obligations to give security for payment to the Secretary of State, or the Fund.

(9)Regulations under subsubsection (8) above—

(a)may contain such supplemental or incidental provisions as appear to the Secretary of State expedient, and

(b)may impose penalties for contravention of the regulations punishable on summary conviction by a fine not exceeding level 5 on the standard scale, or such lower limit as may be specified in the regulations.

(10)In this section and in section 174, unless the context otherwise requires—

  • “company” means a body incorporated under the law of the United Kingdom, or of any other country;

  • “group” in relation to companies, means a holding company and its subsidiaries as defined by [F135section 1159 of the Companies Act 2006], subject, in the case of a company incorporated outside the United Kingdom, to any necessary modifications of those definitions;

  • “importer” means the person by whom or on whose behalf the oil in question is entered for customs or excise purposes on importation, and “import” shall be construed accordingly;

  • “oil” means crude oil and fuel oil, and

(a)“crude oil” means any liquid hydrocarbon mixture occurring naturally in the earth whether or not treated to render it suitable for transportation, and includes—

(i)crude oils from which distillate fractions have been removed, and

(ii)crude oils to which distillate fractions have been added,

(b)“fuel oil” means heavy distillates or residues from crude oil or blends of such materials intended for use as a fuel for the production of heat or power of a quality equivalent to the “American Society for Testing and Materials’ Specification for Number Four Fuel Oil (Designation D396-69)”, or heavier,

“terminal installation” means any site for the storage of oil in bulk which is capable of receiving oil from waterborne transportation, including any facility situated offshore and linked to any such site.

Textual Amendments

Modifications etc. (not altering text)

C96S. 173 extended (with modifications) to Anguilla (30.11.1997) by S.I. 1997/2580, art. 2, Sch.

S. 173 extended (with modifications) to Bermuda (30.11.1997) by S.I. 1997/2581, art. 2, Sch.

S. 173 extended (with modifications) to the British Antarctic Territory (30.11.1997) by S.I. 1997/2582, art. 2, Sch.

S. 173 extended (with modifications) to the British Indian Ocean Territory (30.11.1997) by S.I. 1997/2583, art. 2, Sch.

S. 173 extended (with modifications) to the Falkland Islands (30.11.1997) by S.I. 1997/2584, art. 2, Sch.

S. 173 extended (with modifications) to the Pitcairn, Henderson, Ducie and Oneo Islands (30.11.1997) by S.I. 1997/2585, arts. 2, 3, Sch.

S. 173 extended (with modifications) to the Sovereign Base Areas of Akrotiri and Dhekelia (30.11.1997) by S.I. 1997/2587, art. 2, Sch.

S. 173 extended (with modifications) to South Georgia and the South Sandwich Islands (30.11.1997) by S.I. 1997/2588, art. 2, Sch.

S. 173 extended (with modifications) to the Turks and Caicos Islands (30.11.1997) by S.I. 1997/2589, art. 2, Sch.

S. 173 extended (with modifications) to the Virgin Islands (30.11.1997) by S.I. 1997/2590, art. 2, Sch.

S. 173 extended (with modifications) to Jersey (1.12.1997) by S.I. 1997/2598, arts. 2, 3, Sch. 1

S. 173 extended (with modifications) to Guernsey (11.3.1998) by S.I. 1998/260, arts. 2, 3, Sch. 1

S. 173 extended (with modifications) to the Cayman Islands (20.5.1998) by S.I. 1998/1261, art. 2, Sch.

S. 173 extended (with modifications) to Montserrat (20.5.1998) by S.I. 1998/1262, art. 2, Sch.

S. 173 extended (with modifications) to Saint Helena (20.5.1998) by S.I. 1998/1263, art. 2, Sch.

174 Power to obtain information.U.K.

(1)For the purpose of transmitting to the Fund [F136or the Supplementary Fund] the names and addresses of the persons who under section 173 are liable to make contributions to the Fund [F136or the Supplementary Fund] for any year, and the quantity of oil in respect of which they are so liable, the Secretary of State may by notice require any person engaged in producing, treating, distributing or transporting oil to furnish such information as may be specified in the notice.

(2)A notice under this section may require a company to give such information as may be required to ascertain whether its liability is affected by section 173(6).

(3)A notice under this section may specify the way in which, and the time within which, it is to be complied with.

(4)In proceedings by the Fund [F137or the Supplementary Fund] against any person to recover any amount due under section 173, particulars contained in any list transmitted by the Secretary of State to [F138either of those Funds] shall, so far as those particulars are based on information obtained under this section, be admissible as evidence of the facts stated in the list; and so far as particulars which are so admissible are based on information given by the person against whom the proceedings are brought, those particulars shall be presumed to be accurate until the contrary is proved.

(5)If a person discloses any information which has been furnished to or obtained by him under this section, or in connection with the execution of this section, then, unless the disclosure is made—

(a)with the consent of the person from whom the information was obtained, or

(b)in connection with the execution of this section, or

(c)for the purposes of any legal proceedings arising out of this section or of any report of such proceedings,

he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(6)A person who—

(a)refuses or wilfully neglects to comply with a notice under this section, or

(b)in furnishing any information in compliance with a notice under this section makes any statement which he knows to be false in a material particular, or recklessly makes any statement which is false in a material particular,

shall be liable—

(i)on summary conviction, to a fine not exceeding level 4 on the standard scale in the case of an offence under paragraph (a) above and not exceeding the statutory maximum in the case of an offence under paragraph (b) above, and

(ii)on conviction on indictment, to a fine, or to imprisonment for a term not exceeding twelve months, or to both.

Textual Amendments

Modifications etc. (not altering text)

C97S. 174 extended (with modifications) to Anguilla (30.11.1997) by S.I. 1997/2580, art. 2, Sch.

S. 174 extended (with modifications) to Bermuda (30.11.1997) by S.I. 1997/2581, art. 2, Sch.

S. 174 extended (with modifications) to the British Antarctic Territory (30.11.1997) by S.I. 1997/2582, art. 2, Sch.

S. 174 extended (with modifications) to the British Indian Territory (30.11.1997) by S.I. 1997/2583, art. 2, Sch.

S. 174 extended (with modifications) to the Falkland Islands (30.11.1997) by S.I. 1997/2584, art. 2, Sch.

S. 174 extended (with modifications) to the Pitcairn, Henderson, Ducie and Oneo Islands (30.11.1997) by S.I. 1997/2585, arts. 2, 3, Sch. 1

S. 174 extended (with modifications) to the Sovereign Base Areas of Akrotiri and Dhekelia (30.11.1997) by S.I. 1997/2587, art. 2, Sch.

S. 174 extended (with modifications) to South Georgia and the South Sandwich Islands (30.11.1997) by S.I. 1997/2588, art. 2, Sch.

S. 174 extended (with modifications) to the Turks and Caicos Islands (30.11.1997) by S.I. 1997/2589, art. 2, Sch.

S. 174 extended (with modifications) to the Virgin Islands (30.11.1997) by S.I. 1997/2590, art. 2, Sch.

S. 174 extended (with modifications) to Jersey (1.12.1997) by S.I. 1997/2598, arts. 2, 3, Sch. 1

S. 174 extended (with modifications) to Guernsey (11.3.1998) by S.I. 1998/260, arts. 2, 3, Sch. 1

S. 174 extended (with modifications) to the Cayman Islands (20.5.1998) by S.I. 1998/1261, art. 2, Sch.

S. 174 extended (with modifications) to Montserrat (20.5.1998) by S.I. 1998/1262, art. 2, Sch.

S. 174 extended (with modifications) to Saint Helena (20.5.1998) by S.I. 1998/1263, art. 2, Sch.

Compensation for persons suffering pollution damageU.K.

175 Liability of the Fund.U.K.

(1)The Fund shall be liable for pollution damage in the territory of the United Kingdom if the person suffering the damage has been unable to obtain full compensation under section 153—

(a)because the discharge or escape, or the relevant threat of contamination, by reason of which the damage was caused—

(i)resulted from an exceptional, inevitable and irresistible phenomenon, or

(ii)was due wholly to anything done or omitted to be done by another person (not being a servant or agent of the owner) with intent to do damage, or

(iii)was due wholly to the negligence or wrongful act of a government or other authority in exercising its function of maintaining lights or other navigational aids for the maintenance of which it was responsible,

(and because liability is accordingly wholly displaced by section 155), or

(b)because the owner or guarantor liable for the damage cannot meet his obligations in full, or

(c)because the damage exceeds the liability under section 153 as limited by section 157.

(2)Subsection (1) above shall apply with the substitution for the words “United Kingdom” of the words “a Fund Convention country” where—

(a)the headquarters of the Fund is for the time being in the United Kingdom, and proceedings under the Liability Convention for compensation for the pollution damage have been brought in a country which is not a Fund Convention country, or

(b)the incident has caused pollution damage in the territory of the United Kingdom and of another Fund Convention country, and proceedings under the Liability Convention for compensation for the pollution damage have been brought in a country which is not a Fund Convention country or in the United Kingdom.

(3)Where the incident has caused pollution damage in the territory of the United Kingdom and of another country in respect of which the Liability Convention is in force, references in this section to the provisions of Chapter III of this Part shall include references to the corresponding provisions of the law of any country giving effect to the Liability Convention.

(4)Where proceedings under the Liability Convention for compensation for pollution damage have been brought in a country which is not a Fund Convention country and the Fund is liable for that pollution damage by virtue of subsection (2)(a) above, references in this section to the provisions of Chapter III of this Part shall be treated as references to the corresponding provisions of the law of the country in which those proceedings were brought.

(5)For the purposes of this section an owner or guarantor is to be treated as incapable of meeting his obligations if the obligations have not been met after all reasonable steps to pursue the legal remedies available have been taken.

(6)Expenses reasonably incurred, and sacrifices reasonably made, by the owner voluntarily to prevent or minimise pollution damage shall be treated as pollution damage for the purposes of this section, and accordingly he shall be in the same position with respect to claims against the Fund under this section as if he had a claim in respect of liability under section 153.

(7)The Fund shall incur no obligation under this section if—

(a)it proves that the pollution damage—

(i)resulted from an act of war, hostilities, civil war or insurrection, or

(ii)was caused by oil which has escaped or been discharged from a warship or other ship owned or operated by a State and used, at the time of the occurrence, only on Government non-commercial service, or

(b)the claimant cannot prove that the damage resulted from an occurrence involving a ship identified by him, or involving two or more ships one of which is identified by him.

(8)If the Fund proves that the pollution damage resulted wholly or partly—

(a)from anything done or omitted to be done with intent to cause damage by the person who suffered the damage, or

(b)from the negligence of that person,

the Fund may (subject to subsection (10) below) be exonerated wholly or partly from its obligations to pay compensation to that person.

(9)Where the liability under section 153 in respect of the pollution damage is limited to any extent by subsection (8) of that section, the Fund shall (subject to subsection (10) below) be exonerated to the same extent.

(10)Subsections (8) and (9) above shall not apply where the pollution damage consists of the costs of preventive measures or any damage caused by such measures.

Modifications etc. (not altering text)

C98S. 175 extended (with modifications) to Anguilla (30.11.1997) by S.I. 1997/2580, art. 2, Sch.

S. 175 extended (with modifications) to Bermuda (30.11.1997) by S.I. 1997/2581, art. 2, Sch.

S. 175 extended (with modifications) to the British Antarctic Territory (30.11.1997) by S.I. 1997/2582, art. 2, Sch.

S. 175 extended (with modifications) to the British Indian Ocean Territory (30.11.1997) by S.I. 1997/2583, art. 2, Sch.

S. 175 extended (with modifications) to the Pitcairn, Henderson, Ducie and Oneo Islands (30.11.1997) by S.I. 1997/2585, arts. 2, 3, Sch.

S. 175 extended (with modifications) to the Sovereign Base Areas of Akrotiri and Dhekelia (30.11.1997) by S.I. 1997/2587, art. 2, Sch.

S. 175 extended (with modifications) to South Georgia and the South Sandwich Islands (30.11.1997) by S.I. 1997/2588, art. 2, Sch.

S. 175 extended (with modifications) to the Turks and Caicos Islands (30.11.1997) by S.I. 1997/2589, art. 2, Sch.

S. 175 extended (with modifications) to the Virgin Islands (30.11.1997) by S.I. 1997/2590, art. 2, Sch.

S. 175 extended (with modifications) to Jersey (1.12.1997) by S.I. 1997/2598, arts. 2, 3, Sch. 1

S. 175 extended (with modifications) to Guernsey (11.3.1998) by S.I. 1998/260, arts. 2, 3, Sch. 1

S. 175 extended (with modifications) to the Cayman Islands (20.5.1998) by S.I. 1998/1261, art. 2, Sch.

S. 175 extended (with modifications) to Montserrat (20.5.1998) by S.I. 1998/1262, art. 2, Sch.

S. 175 extended (with modifications) to Saint Helena (20.5.1998) by S.I. 1998/1263, art. 2, Sch.

176 Limitation of Fund’s liability under section 175.U.K.

(1)The Fund’s liability under section 175 shall be subject to the limits imposed by paragraphs 4 and 5 of Article 4 of the Fund Convention (which impose an overall limit on the liabilities of the Fund and the text of which is set out in Part I of Schedule 5), and in those provisions references to the Liability Convention are references to the Liability Convention within the meaning of this Chapter.

(2)A certificate given by the Director of the Fund stating that sub-paragraph (c) of paragraph 4 of Article 4 of the Fund Convention is applicable to any claim under section 175 shall be conclusive evidence for the purposes of this Chapter that it is so applicable.

(3)For the purpose of giving effect to paragraphs 4 and 5 of Article 4 of the Fund Convention a court giving judgment against the Fund in proceedings under section 175 shall notify the Fund, and—

(a)no steps shall be taken to enforce the judgment unless and until the court gives leave to enforce it,

(b)that leave shall not be given unless and until the Fund notifies the court either that the amount of the claim is not to be reduced under those paragraphs, or that it is to be reduced to a specified amount, and

(c)in the latter case the judgment shall be enforceable only for the reduced amount.

(4)Any steps taken to obtain payment of an amount or a reduced amount in pursuance of such a judgment as is mentioned in subsection (3) above shall be steps to obtain payment in sterling; and—

(a)for the purpose of converting such an amount from special drawing rights into sterling one special drawing right shall be treated as equal to such a sum in sterling as the International Monetary Fund have fixed as being the equivalent of one special drawing right for—

(i)the relevant day, namely the day on which the Assembly of the Fund decide the date for the first payment of compensation in respect of the incident, or

(ii)if no sum has been so fixed for the relevant day, the last day before that day for which a sum has been so fixed; and

(b)a certificate given by or on behalf of the Treasury stating—

(i)that a particular sum in sterling has been so fixed for the relevant day, or

(ii)that no sum has been so fixed for the relevant day and that a particular sum in sterling has been so fixed for a day which is the last day for which a sum has been so fixed before the relevant day,

shall be conclusive evidence of those matters for the purposes of this Chapter.

(5)The Secretary of State may by order make such amendments of this section and Part I of Schedule 5 as appear to him to be appropriate for the purpose of giving effect to the entry into force of any amendment of the provisions set out in that Schedule.

(6)Any document purporting to be such a certificate as is mentioned in subsection (2) or (4)(b) above shall, in any legal proceedings, be received in evidence and, unless the contrary is proved, be deemed to be such a certificate.

Modifications etc. (not altering text)

C99S. 176 extended (with modifications) to Anguilla (30.11.1997) by S.I. 1997/2580, art. 2, Sch.

S. 176 extended (with modifications) to Bermuda (30.11.1997) by S.I. 1997/2581, art. 2, Sch.

S. 176 extended (with modifications) to British Antarctic Territory (30.11.1997) by S.I. 1997/2582, art. 2, Sch.

S. 176 extended (with modifications) to the British Indian Ocean Territory (30.11.1997) by S.I. 1997/2583, art. 2, Sch.

S. 176 extended (with modifications) to the Falkland Islands (30.11.1997) by S.I. 1997/2584, art. 2, Sch.

S. 176 extended (with modifications) to the Pitcairn, Henderson, Ducie and Oeno Islands (30.11.1997) by S.I. 1997/2585, arts. 2, 3, Sch.

S. 176 extended (with modifications) to the Sovereign Base Areas of Akrotiri and Dhekelia (30.11.1997) by S.I. 1997/2587, art. 2, Sch.

S. 176 extended (with modifications) to South Georgia and the South Sandwich Islands (30.11.1997) by S.I. 1997/2588, art. 2, Sch.

S. 176 extended (with modifications) to the Turks and Caicos Islands (30.11.1997) by S.I. 1997/2589, art. 2, Sch.

S. 176 extended (with modifications) to the Virgin Islands (30.11.1997) by S.I. 1997/2590, art. 2, Sch.

S. 176 extended (with modifications) to Jersey (1.12.1997) by S.I. 1997/2598, arts. 2, 3, Sch. 1

S. 176 extended (with modifications) to Guernsey (11.3.1998) by S.I. 1998/260, arts. 2, 3, Sch. 1

S. 176 extended (with modifications) to the Cayman Islands (20.5.1998) by S.I. 1998/1261, art. 2, Sch.

S. 176 extended (with modifications) to Montserrat (20.5.1998) by S.I. 1998/1262, art. 2, Sch.

S. 176 extended (with modifications) to Saint Helena (20.5.1998) by S.I. 1998/1263, art. 2, Sch.

[F139176ALiability of the Supplementary FundU.K.

(1)The Supplementary Fund shall be liable for pollution damage in the territory of the United Kingdom in accordance with the Supplementary Fund Protocol in the circumstances mentioned in paragraph 1 of Article 4 of that Protocol (cases where full compensation cannot be obtained because of the limit imposed by paragraph 4 of Article 4 of the Fund Convention).

The text of paragraph 1 of Article 4 of the Supplementary Fund Protocol is set out in Schedule 5ZA.

(2)Subsection (1) shall apply with the substitution for the words “the United Kingdom” of the words “a Supplementary Fund Protocol country” where—

(a)the headquarters of the Supplementary Fund is for the time being in the United Kingdom, and proceedings under the Liability Convention or the Fund Convention for compensation for the pollution damage have been brought in a country which is not a Supplementary Fund Protocol country, or

(b)the incident has caused pollution damage in the territory of the United Kingdom and of another Supplementary Fund Protocol country, and proceedings under the Liability Convention or the Fund Convention for compensation for the pollution damage have been brought in a country which is not a Supplementary Fund Protocol country or in the United Kingdom.

(3)Nothing in this section applies to pollution damage resulting from an incident if—

(a)in the case of a single occurrence, it took place before the day on which the Supplementary Fund Protocol enters into force as respects the United Kingdom; or

(b)in the case of a series of occurrences having the same origin, the first of those occurrences took place before that day.

Textual Amendments

176BLimitation of the Supplementary Fund’s liability under section 176AU.K.

(1)The Supplementary Fund’s liability under section 176A shall be subject to—

(a)paragraphs 2 and 3 of Article 4 of the Supplementary Fund Protocol (which impose an overall limit on the liabilities of the Supplementary Fund); and

(b)paragraphs 2 and 3 of Article 15 of the Supplementary Fund Protocol (which prevent the Supplementary Fund from paying compensation temporarily and permanently where obligations to communicate information to the Director under paragraph 1 of Article 13 and paragraph 1 of Article 15 have not been met).

The text of paragraphs 2 and 3 of Article 4, paragraph 1 of Article 13 and paragraphs 1, 2 and 3 of Article 15 of the Supplementary Fund Protocol is set out in Schedule 5ZA.

(2)For the purpose of giving effect to paragraphs 2 and 3 of Article 4 of the Supplementary Fund Protocol a court giving judgment against the Supplementary Fund in proceedings under section 176A shall notify the Supplementary Fund, and—

(a)no steps shall be taken to enforce the judgment unless and until the court gives leave to enforce it,

(b)that leave shall not be given unless and until the Supplementary Fund notifies the court either that the amount of the claim is not to be reduced under those paragraphs, or that it is to be reduced to a specified amount, and

(c)in the latter case the judgment shall be enforceable only for the reduced amount.

(3)Any steps taken to obtain payment of an amount or a reduced amount in pursuance of such a judgment as is mentioned in subsection (2) shall be steps to obtain payment in sterling; and—

(a)for the purpose of converting such an amount from special drawing rights into sterling, one special drawing right shall be treated as equal to such a sum in sterling as the International Monetary Fund have fixed as being the equivalent of one special drawing right for—

(i)the relevant date, namely the date referred to in paragraph 2(b) of Article 4 of the Supplementary Fund Protocol, or

(ii)if no sum has been so fixed for the relevant date, the last day before that date for which a sum has been so fixed; and

(b)a certificate given by or on behalf of the Treasury stating—

(i)that a particular sum in sterling has been so fixed for the relevant date, or

(ii)that no sum has been so fixed for the relevant date and that a particular sum in sterling has been so fixed for a day which is the last day for which a sum has been so fixed before the relevant date,

shall be conclusive evidence of those matters for the purposes of this Chapter.

(4)Any document purporting to be such a certificate as is mentioned in subsection (3)(b) shall, in any legal proceedings, be received in evidence and, unless the contrary is proved, be deemed to be such a certificate.]

Textual Amendments

SupplementalU.K. Extinguishment of claims.U.K.

177 Jurisdiction and effect of judgments.U.K.

(1)Paragraph 1(1)(d) of Schedule 1 to the M18Administration of Justice Act 1956 (Admiralty jurisdiction in claims for damage done by ships) shall be construed as extending to any claim in respect of a liability falling on the Fund [F140or the Supplementary Fund] under this Chapter; and the Admiralty jurisdiction of the Court of Session shall extend to any case arising out of any such claim.

(2)Where in accordance with rules of court made for the purposes of this subsection the Fund has been given notice of proceedings brought against an owner or guarantor in respect of liability under section 153F141...

(a)

[F141the notice shall be deemed to have been given to the Supplementary Fund as well; and

(b)

any judgment given in the proceedings shall, after it has become final and enforceable, become binding on the Fund and the Supplementary Fund in the sense that the facts and evidence in the judgment may not be disputed by the Fund or the Supplementary Fund even if it has not intervened in the proceedings]

(3)Where a person incurs a liability under the law of a Fund Convention country corresponding to Chapter III of this Part for damage which is partly in the territory of the United Kingdom, subsection (2) above shall, for the purpose of proceedings under this Chapter, apply with any necessary modifications to a judgment in proceedings under that law of the said country.

[F142(4)Subject to subsections (5) and (6), Part 1 of the Foreign Judgments (Reciprocal Enforcement) Act 1933 shall apply, whether or not it would so apply apart from this subsection, to—

(a)any judgment given by a court in a Fund Convention country to enforce a claim in respect of liability incurred under any provision corresponding to section 175; and

(b)any judgment given by a court in a Supplementary Fund Protocol country to enforce a claim in respect of liability incurred under any provision corresponding to section 176A,

and in its application to such a judgment the said Part 1 shall have effect with the omission of sections 4(2) and (3).

(5)No steps shall be taken to enforce such a judgment unless and until the court in which it is registered under Part 1 of the Act of 1933 gives leave to enforce it; and that leave shall not be given unless and until—

(a)in the case of a judgment within subsection (4)(a), the Fund notifies the court either that the amount of the claim is not to be reduced under paragraphs 4 and 5 of Article 4 of the Fund Convention (as set out in Part 1 of Schedule 5 to this Act) or that it is to be reduced to a specified amount; or

(b)in the case of a judgment within subsection (4)(b), the Supplementary Fund notifies the court either that the amount of the claim is not to be reduced under paragraphs 2 and 3 of Article 4 of the Supplementary Fund Protocol (as set out in Schedule 5ZA to this Act) or that it is to be reduced to a specified amount.

[F142(6)Where the court is so notified that a claim is to be reduced to a specified amount, the judgment shall be enforceable only for the reduced amount.]]

Textual Amendments

Modifications etc. (not altering text)

C100S. 177 extended (with modifications) to Anguilla (30.11.1997) by S.I. 1997/2580, art. 2, Sch.

S. 177 extended (with modifications) to Bermuda (30.11.1997) by S.I. 1997/2581, art. 2, Sch.

S. 177 extended (with modifications) to the British Antarctic Territory (30.11.1997) by S.I. 1997/2582, art. 2, Sch.

S. 177 extended (with modifications) to the British Indian Ocean Territory (30.11.1997) by S.I. 1997/2583, art. 2, Sch.

S. 177 extended (with modifications) to the Falkland Islands (30.11.1997) by S.I. 1997/2584, art. 2, Sch.

S. 177 extended (with modifications) to the Pitcairn, Henderson, Ducie and Oneo Islands (30.11.1997) by S.I. 1997/2585, arts. 2, 3, Sch.

S. 177 extended (with modifications) to the Sovereign Base Areas of Akrotiri and Dhekelia (30.11.1997) by S.I. 1997/2587, art. 2, Sch.

S. 177 extended (with modifications) to South Georgia and the South Sandwich Islands (30.11.1997) by S.I. 1997/2588, art. 2, Sch.

S. 177 extended (with modifications) to the Turks and Caicos Islands (30.11.1997) by S.I. 1997/2589, art. 2, Sch.

S. 177 extended (with modifications) to the Virgin Islands (30.11.1997) by S.I. 1997/2590, art. 2, Sch.

S.177 extended (with modifications) to Jersey (1.12.1997) by S.I. 1997/2598, arts. 2, 3, Sch. 1

S. 177 extended (with modifications) to Guernsey (11.3.1998) by S.I. 1998/260, arts. 2, 3, Sch. 1

S. 177 extended (with modifications) to the Cayman Islands (20.5.1998) by S.I. 1998/1261, art. 2, Sch.

S. 177 extended (with modifications) to Montserrat (20.5.1998) by S.I. 1998/1262, art. 2, Sch.

S. 177 extended (with modifications) to Saint Helena (20.5.1998) by S.I. 1998/1263, art. 2, Sch.

Marginal Citations

178(1)No action to enforce a claim against the Fund under this Chapter shall be entertained by a court in the United Kingdom unless—U.K.

(a)the action is commenced, or

(b)a third party notice of an action to enforce a claim against the owner or his guarantor in respect of the same damage is given to the Fund,

not later than three years after the [F143damage occurred] .

In this subsection “third party notice” means a notice of the kind described in section 177(2) and (3).

(2)No action to enforce a claim against the Fund under this Chapter shall be entertained by a court in the United Kingdom unless the action is commenced not later than six years after the occurrence, or first of the occurrences, resulting in the discharge or escape, or (as the case may be) in the relevant threat of contamination, by reason of which the claim against the Fund arose.

[F144(3)Subsections (1) and (2) apply in relation to claims against the Supplementary Fund as they apply in relation to claims against the Fund (with the substitution for the reference to the Fund in subsection (1)(b) of a reference to the Supplementary Fund).

(4)For the purposes of this section—

(a)a person who commences an action to enforce a claim against the Fund in relation to any damage shall be deemed to have also commenced an action to enforce any claim he may have against the Supplementary Fund in relation to that damage; and

(b)a person who gives a third party notice to the Fund in relation to any damage as mentioned in subsection (1)(b) shall be deemed to have also given a notice to the Supplementary Fund in relation to that damage.]

Textual Amendments

F143Words in s. 178(1) substituted (30.5.2006) by Merchant Shipping (Pollution) Act 2006 (c. 8), ss. 3, 4(2)(3)

Modifications etc. (not altering text)

C101S. 178 extended (with modifications) to Anguilla (30.11.1997) by S.I. 1997/2580, art. 2, Sch.

S. 178 extended (with modifications) to Bermuda (30.11.1997) by S.I. 1997/2581, art. 2, Sch.

S. 178 extended (with modifications) to the British Antarctic Territory (30.11.1997) by S.I. 1997/2582, art. 2, Sch.

S. 178 extended (with modifications) to the British Indian Ocean Territory (30.11.1997) by S.I. 1997/2583, art. 2, Sch.

S. 178 extended (with modifications) to the Falkland Islands (30.11.1997) by S.I. 1997/2584, art. 2, Sch.

S. 178 extended (with modifications) to the Pitcairn, Henderson, Ducie and Oneo Islands (30.11.1997) by S.I. 1997/2585, arts. 2, 3, Sch.

S. 178 extended (with modifications) to the Sovereign Base Areas of Akrotiri and Dhekelia (30.11.1997) by S.I. 1997/2587, art. 2, Sch.

S. 178 extended (with modifications) to South Georgia and the South Sandwich Islands (30.11.1997) by S.I. 1997/2588, art. 2, Sch.

S. 178 extended (with modifications) to the Turks and Caicos Islands (30.11.1997) by S.I. 1997/2589, art. 2, Sch.

S. 178 extended (with modifications) to the Virgin Islands (30.11.1997) by S.I. 1997/2590, art. 2, Sch.

S. 178 extended (with modifications) to Jersey (1.12.1997) by S.I. 1997/2598, arts. 2, Sch. 1

S. 178 extended (with modifications) to Guernsey (11.3.1998) by S.I. 1998/260, arts. 2, 3, Sch. 1

S. 178 extended (with modifications) to the Cayman Islands (20.5.1998) by S.I. 1998/1261, art. 2, Sch.

S. 178 extended (with modifications) to Montserrat (20.5.1998) by S.I. 1998/1262, art. 2, Sch.

S. 178 extended (with modifications) to Saint Helena (20.5.1998) by S.I. 1998/1263, art. 2, Sch.

179 Subrogation.U.K.

(1)In respect of any sum paid by the Fund as compensation for pollution damage the Fund shall acquire by subrogation any rights in respect of the damage which the recipient has (or but for the payment would have) against any other person.

[F145(1A)In respect of any sum paid by the Supplementary Fund as compensation for pollution damage the Supplementary Fund shall acquire by subrogation any rights in respect of the damage which the recipient has (or but for the payment would have) against any other person.]

(2)In respect of any sum paid by a public authority in the United Kingdom as compensation for pollution damage, that authority shall acquire by subrogation any rights which the recipient has against the Fund [F146or the Supplementary Fund] under this Chapter.

Textual Amendments

Modifications etc. (not altering text)

C102S. 179 extended (with modifications) to Anguilla (30.11.1997) by S.I. 1997/2580, art. 2, Sch.

S. 179 extended (with modifications) to Bermuda (30.11.1997) by S.I. 1997/2581, art. 2, Sch.

S. 179 extended (with modifications) to the British Antarctic Territory (30.11.1997) by S.I. 1997/2582, art. 2, Sch.

S. 179 extended (with modifications) to the British Indian Territory (30.11.1997) by S.I. 1997/2583, art. 2, Sch.

S. 179 extended (with modifications) to the Falkland Islands (30.11.1997) by S.I. 1997/2584, art. 2, Sch.

S. 179 extended (with modifications) to the Pitcairn, Henderson, Ducie and Oneo Islands (30.11.1997) by S.I. 1997/2585, arts. 2, 3, Sch.

S. 179 extended (with modifications) to the Sovereign Base Areas of Akrotiri and Dhekelia (30.11.1997) by S.I. 1997/2587, art. 2, Sch.

S. 179 extended (with modifications) to South Georgia and the South Sandwich Islands (30.11.1997) by S.I. 1997/2588, art. 2, Sch.

S. 179 extended (with modifications) to the Turks and Caicos Islands (30.11.1997) by S.I. 1997/2589, art. 2, Sch.

S. 179 extended (with modifications) to the Virgin Islands (30.11.1997) by S.I. 1997/2590, art. 2, Sch.

S. 179 extended (with modifications) to Jersey (1.12.1997) by S.I. 1997/2598, arts. 2, 3, Sch. 1

S. 179 extended (with modifications) to Guernsey (11.3.1998) by S.I. 1998/260, arts. 2, 3, Sch. 1

S. 179 extended (with modifications) to the Cayman Islands (20.5.1998) by S.I. 1998/1261, art. 2, Sch.

S. 179 extended (with modifications) to Montserrat (20.5.1998) by S.I. 1998/1262, art. 2, Sch.

S. 179 extended (with modifications) to Saint Helena (20.5.1998) by S.I. 1998/1263, art. 2, Sch.

180 Supplementary provisions as to proceedings involving the Fund.U.K.

(1)Any proceedings by or against the Fund may either be instituted by or against the Fund in its own name or be instituted by or against the Director of the Fund as the Fund’s representative.

(2)Evidence of any instrument issued by any organ of the Fund or of any document in the custody of the Fund, or any entry in or extract from such a document, may be given in any legal proceedings by production of a copy certified as a true copy by an official of the Fund; and any document purporting to be such a copy shall, in any such proceedings, be received in evidence without proof of the official position or handwriting of the person signing the certificate.

[F147(3)Subsections (1) and (2) apply in relation to the Supplementary Fund as they apply in relation to the Fund (with the substitution for references to the Director, any organ or an official of the Fund of references to the Director, any organ or an official of the Supplementary Fund).]

Textual Amendments

Modifications etc. (not altering text)

C103 S. 180 extended (with modifications) to Anguilla (30.11.1997) by S.I. 1997/2580, art. 2, Sch.

S. 180 extended (with modifications) to Bermuda (30.11.1997) by S.I. 1997/2581, art. 2, Sch.

S. 180 extended (with modifications) to the British Antarctic Territory (30.11.1997) by S.I. 1997/2582, art. 2, Sch.

S. 180 extended (with modifications) to the British Indian Ocean Territory (30.11.1997) by S.I. 1997/2583, art. 2, Sch.

S. 180 extended (with modifications) to the Falkland Islands (30.11.1997) by S.I. 1997/2584, art. 2, Sch.

S. 180 extended (with modifications) to the Pitcairn, Henderson, Ducie and Oneo Islands (30.11.1997) by S.I. 1997/2585, arts. 2, 3, Sch.

S. 180 extended (with modifications) to the Sovereign Base Areas of Akrotiri and Dhekelia (30.11.1997) by S.I. 1997/2587, art. 2, Sch.

S. 180 extended (with modifications) to South Georgia and the South Sandwich Islands (30.11.1997) by S.I. 1997/2588, art. 2, Sch.

S. 180 extended (with modifications) to the Turks and Caicos Islands (30.11.1997) by S.I. 1997/2589, art. 2, Sch.

S. 180 extended (with modifications) to the Virgin Islands (30.11.1997) by S.I. 1997/2590, art. 2, Sch.

S. 180 extended (with modifications) to Jersey (1.12.1997) by S.I. 1997/2598, arts. 2, 3, Sch. 1

S. 180 extended (with modifications) to Guernsey (11.3.1998) by S.I. 1998/260, arts. 2, 3, Sch. 1

S. 180 extended (with modifications) to the Cayman Islands (20.5.1998) by S.I. 1998/1261, art. 2, Sch.

S. 180 extended (with modifications) to Montserrat (20.5.1998) by S.I. 1998/1262, art. 2, Sch.

S. 180 extended (with modifications) to Saint Helena (20.5.1998) by S.I. 1998/1263, art. 2, Sch.

181 Interpretation.U.K.

(1)In this Chapter, unless the context otherwise requires—

  • “damage” includes loss;

  • “discharge or escape”, in relation to pollution damage, means the discharge or escape of oil from the ship;

  • “guarantor” means any person providing insurance or other financial security to cover the owner’s liability of the kind described in section 163;

  • “incident” means any occurrence, or series of occurrences having the same origin, resulting in a discharge or escape of oil from a ship or in a relevant threat of contamination;

  • “oil”, except in sections 173 and 174, means persistent hydrocarbon mineral oil;

  • “owner” means the person or persons registered as the owner of the ship or, in the absence of registration, the person or persons owning the ship, except that, in relation to a ship owned by a State which is operated by a person registered as the ship’s operator, it means the person registered as its operator;

  • “pollution damage” means—

(a)damage caused outside a ship by contamination resulting from a discharge or escape of oil from the ship,

(b)the cost of preventive measures, and

(c)further damage caused by preventive measures,

but does not include any damage attributable to any impairment of the environment except to the extent that any such damage consists of—

(i)any loss of profits, or

(ii)the cost of any reasonable measures of reinstatement actually taken or to be taken;

  • “preventive measures” means any reasonable measures taken by any person to prevent or minimise pollution damage, being measures taken—

(a)after an incident has occurred, or

(b)in the case of an incident consisting of a series of occurrences, after the first of those occurrences;

  • “relevant threat of contamination” means a grave and imminent threat of damage being caused outside a ship by contamination resulting from a discharge or escape of oil from the ship; and

  • “ship” means any ship (within the meaning of Chapter III of this Part) to which section 153 applies.

(2)For the purposes of this Chapter—

(a)references to a discharge or escape of oil from a ship are references to such a discharge or escape wherever it may occur, and whether it is of oil carried in a cargo tank or of oil carried in a bunker fuel tank; and

(b)where more than one discharge or escape results from the same occurrence or from a series of occurrences having the same origin, they shall be treated as one.

(3)References in this Chapter to the territory of any country shall be construed in accordance with section 170(4) reading the reference to a Liability Convention country as a reference to a Fund Convention country [F148or a Supplementary Fund Protocol country (as the case may be)] .

Textual Amendments

Modifications etc. (not altering text)

C104S. 181 extended (with modifications) to Anguilla (30.11.1997) by S.I. 1997/2580, art. 2, Sch.

S. 181 extended (with modifications) to Bermuda (30.11.1997) by S.I. 1997/2581, art. 2, Sch.

S. 181 extended (with modifications) to the British Antarctic Territory (30.11.1997) by S.I. 1997/2582, art. 2, Sch.

S. 181 extended (with modifications) to the British Indian Ocean Territory (30.11.1997) by S.I. 1997/2583, art. 2, Sch.

S. 181 extended (with modifications) to the Falkland Islands (30.11.1997) by S.I. 1997/2584, art. 2, Sch.

S. 181 extended (with modifications) to the Pitcairn, Henderson, Ducie and Oneo Islands (30.11.1997) by S.I. 1997/2585, arts. 2, 3, Sch.

S. 181 extended (with modifications) to the Sovereign Base Areas of Akrotiri and Dhekelia (30.11.1997) by S.I. 1997/2587, art. 2, Sch.

S. 181 extended (with modifications) to South Georgia and the South Sandwich Islands (30.11.1997) by S.I. 1997/2588, art. 2, Sch.

S. 181 extended (with modifications) to the Turks and Caicos Islands (30.11.1997) by S.I. 1997/2589, art. 2, Sch.

S. 181 extended (with modifications) to the Virgin Islands (30.11.1997) by S.I. 1997/2590, art. 2, Sch.

S. 181 extended (with modifications) to Jersey (1.12.1997) by S.I. 1997/2598, arts. 2, 3, Sch. 1

S. 181 extended (with modifications) to Guernsey (11.3.1998) by S.I. 1998/260, arts. 2, 3, Sch. 1

S. 181 extended (with modifications) to the Cayman Islands (20.5.1998) by S.I. 1998/1261, art. 2, Sch.

S. 181 extended (with modifications) to Montserrat (20.5.1998) by S.I. 1998/1262, art. 2, Sch.

S. 181 extended (with modifications) to Saint Helena (20.5.1998) by S.I. 1998/1263, art. 2, Sch.

182 Transitory text of this Chapter and power to make transitional provisions.U.K.

(1)Until such day as the Secretary of State may by order appoint the provisions set out in Schedule 4 as Chapter IV shall have effect instead of the foregoing provisions of this Chapter; and references in that Schedule to a section whose number is included in that Schedule is a reference to the section so included.

(2)Notwithstanding subsection (1) above, Her Majesty may by Order in Council make such provision as appears to Her Majesty to be appropriate in connection with the implementation of any transitional provisions contained in the 1992 Protocol or the Conventions which they amend; and any such Order may in particular provide, in relation to occurrences of any description specified in the Order—

(a)for specified provisions of this Chapter, whether as contained in this Chapter or in the Chapter IV set out in Schedule 4, to have effect;

(b)for any such provisions to have effect subject to specified modifications.

(3)In subsection (2) above—

  • “the 1992 Protocol” means the Protocol of 1992 to amend the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1971 signed in London on 27th November 1992; and

  • “specified” means specified in the Order.

Subordinate Legislation Made

P2S. 182(1) power exercised (30.5.1996) by S.I. 1996/1210, art. 2

F149[Chapter VU.K. Carriage of hazardous and noxious substances

Textual Amendments

F149Pt. VI Ch. V (ss. 182A-182C) and heading inserted (17.7.1997) by 1997 c. 28, s. 14(1); S.I. 1997/1539, art. 2, Sch.

F150182A Introductory.U.K.

(1)In this Chapter, unless the context otherwise requires, “the Convention” means the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea 1996.

(2)The text of the Convention, excluding the annexes, is set out in Schedule 5A.

(3)In interpreting the definition of “hazardous and noxious substances” in Article 1, paragraph 5 of the Convention, any reference in that paragraph to a particular convention or code as amended shall be taken to be a reference to that convention or code as amended from time to time (whether before or after the commencement of this Chapter).

Textual Amendments

F150Pt. VI Ch. V (ss. 182A-182C) inserted (17.7.1997) by 1997 c. 28, s. 14(1); S.I. 1997/1539, art. 2, Sch.

F151182B Power to give effect to Convention.U.K.

(1)Her Majesty may by Order in Council make such provision as She considers appropriate for the purpose of giving effect to—

(a)the Convention on or after its ratification by the United Kingdom; or

(b)any revision of the Convention which appears to Her Majesty in Council to have been agreed to by the Government of the United Kingdom.

(2)The power conferred by subsection (1) above to make provision for the purpose of giving effect to the Convention or an agreement revising the Convention includes power to provide for the provision to come into force even though the Convention or the agreement has not come into force.

(3)Without prejudice to the generality of subsection (1) above, an Order under that subsection may include provision—

(a)requiring contributions to be paid in accordance with the Convention to the International Hazardous and Noxious Substances Fund established under the Convention;

(b)for applying for the purpose mentioned in subsection (1) above any enactment or instrument relating to the pollution of the sea or other waters (including provisions creating offences) with such modifications, if any, as may be prescribed by the Order;

(c)making such modifications of any enactment or instrument (including, where the Order is made under paragraph (b) of that subsection, modifications of Schedule 5A and section 182C) as appear to Her Majesty to be appropriate for the purpose specified in that subsection;

(d)with respect to the application of the Order to the Crown;

(e)for detaining any ship in respect of which a contravention of a provision made by or under the Order is suspected to have occurred and, in relation to such a ship, for applying section 284 with such modifications, if any, as are prescribed by the Order;

(f)for a certificate issued by or on behalf of the Secretary of State and stating that at a particular time a particular substance was, or was not, a hazardous or noxious substance for the purposes of the Convention to be conclusive evidence of that matter.

(4)An Order under subsection (1) above may—

(a)make different provision for different circumstances;

(b)make provision for references in the Order to any specified document to operate as references to that document as revised or re-issued from time to time;

(c)provide for the delegation of functions exercisable by virtue of the Order;

(d)include such incidental, supplemental and transitional provisions as appear to Her Majesty to be expedient for the purposes of the Order; and

(e)authorise the making of regulations for the purposes of this section (except the purposes of subsection (3)(a), (b) and (c) above).

(5)A draft of an Order in Council proposed to be made by virtue of this section shall not be submitted to Her Majesty in Council unless it has been approved by a resolution of each House of Parliament.

Textual Amendments

F151Pt. VI Ch. V (ss. 182A-182C) inserted (17.7.1997) by 1997 c. 28, s. 14(1); S.I. 1997/1539, art. 2, Sch.

F152182C Power of Secretary of State to make orders.U.K.

(1)The Secretary of State may by order make such amendments of Schedule 5A and any Order in Council under section 182B(1) as appear to him to be appropriate for the purpose of giving effect to any amendment of a relevant limit which is adopted in accordance with article 48 of the Convention.

(2)In subsection (1) above, “a relevant limit” means any of the limits for the time being specified in article 9, paragraph 1 and article 14, paragraph 5 of the Convention.]

Textual Amendments

F152Pt. VI Ch. V (ss. 182A-182C) inserted (17.7.1997) by 1997 c. 28, s. 14(1); S.I. 1997/1539, art. 2, Sch.

Yn ôl i’r brig

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