Merchant Shipping Act 1995

170 Interpretation. U.K.

(1) In this Chapter [F1 (except this subsection)]—

• [F2 “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 [F3 , except in the term “bunker oil”];

• “owner” [F4 has 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” [F5 includes (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 [F6 or bunker oil] from a ship, or from a relevant threat of contamination, references in this Chapter to the owner [F7 or the registered owner] of the ship are references to the owner [F8 or 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 [F9 specified by virtue of section 129(2)(b)] and

(b) in the case of any other Liability Convention country [F10 or 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

F1 Words in s. 170(1) inserted (21.11.2008) by The Merchant Shipping (Oil Pollution) (Bunkers Convention) Regulations 2006 (S.I. 2006/1244), regs. 1(2), 23(2)(a) (with reg. 1(5))

F2 Words in s. 170(1) inserted (21.11.2008) by The Merchant Shipping (Oil Pollution) (Bunkers Convention) Regulations 2006 (S.I. 2006/1244), regs. 1(2), 23(2)(b) (with reg. 1(5))

F3 Words in s. 170(1) inserted (21.11.2008) by The Merchant Shipping (Oil Pollution) (Bunkers Convention) Regulations 2006 (S.I. 2006/1244), regs. 1(2), 23(2)(c) (with reg. 1(5))

F4 Words in s. 170(1) substituted (21.11.2008) by The Merchant Shipping (Oil Pollution) (Bunkers Convention) Regulations 2006 (S.I. 2006/1244), regs. 1(2), 23(2)(d) (with reg. 1(5))

F5 Words in s. 170(1) substituted (21.11.2008) by The Merchant Shipping (Oil Pollution) (Bunkers Convention) Regulations 2006 (S.I. 2006/1244), regs. 1(2), 23(2)(e) (with reg. 1(5))

F6 Words in s. 170(2) inserted (21.11.2008) by The Merchant Shipping (Oil Pollution) (Bunkers Convention) Regulations 2006 (S.I. 2006/1244), regs. 1(2), 23(3)(a) (with reg. 1(5))

F7 Words in s. 170(2) inserted (21.11.2008) by The Merchant Shipping (Oil Pollution) (Bunkers Convention) Regulations 2006 (S.I. 2006/1244), regs. 1(2), 23(3)(b) (with reg. 1(5))

F8 Words in s. 170(2) inserted (21.11.2008) by The Merchant Shipping (Oil Pollution) (Bunkers Convention) Regulations 2006 (S.I. 2006/1244), regs. 1(2), 23(3)(c) (with reg. 1(5))

F9 Words 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.

F10 Words in s. 170(4)(b) inserted (21.11.2008) by The Merchant Shipping (Oil Pollution) (Bunkers Convention) Regulations 2006 (S.I. 2006/1244), regs. 1(2), 23(4) (with reg. 1(5))

Modifications etc. (not altering text)

C1 s. 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.