The Merchant Shipping (Oil Pollution) (Bunkers Convention) Regulations 2006

Further liability for oil pollution

6.—(1) Section 154 (liability for pollution in case of other ships) is amended as follows.

(2) In the heading, for “in case of other ships” there is substituted “in other cases”.

(3) For “owner” and “owners” (in each place), there is substituted respectively “registered owner” and “registered owners”.

(4) In subsections (1) and (2), at the beginning there is inserted “Subject to subsection (2A),” and the words “other than a ship to which section 153 applies” are omitted.

(5) In subsection (2), the words after paragraph (b) are omitted.

(6) After subsection (2), there is inserted—

“(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.”.

(7) In subsection (5), after “section”, there is inserted “(apart from subsection (2A))”.