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The Merchant Shipping (Convention on Limitation of Liability for Maritime Claims) (Amendment) Order 1998

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This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Merchant Shipping (Convention on Limitation of Liability for Maritime Claims) (Amendment) Order 1998 No. 1258

ARTICLE 1Persons entitled to limit liability

1.  Shipowners and salvors, as hereinafter defined, may limit their liability in accordance with the rules of this Convention for claims set out in Article 2.

2.  The term “shipowner” shall mean the owner, charterer, manager or operator of a seagoing ship.

3.  Salvor shall mean any person rendering services in direct connection with salvage operations. Salvage operations shall also include operations referred to in Article 2, paragraph 1(d), (e) and (f).

4.  If any claims set out in Article 2 are made against any person for whose act, neglect or default the shipowner or salvor is responsible, such person shall be entitled to avail himself of the limitation of liability provided for in this Convention.

5.  In this Convention the liability of a shipowner shall include liability in an action brought against the vessel herself.

6.  An insurer of liability for claims subject to limitation accordance with the rules of this Convention shall be entitled to the benefits of this Convention to the same extent as the assured himself.

7.  The act of invoking limitation of liability shall not constitute an admission of liability.

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