Merchant Shipping (Oil Pollution) Act 1971 (repealed 1.1.1996)

15 Liability for cost of preventive measures where s. 1 does not apply. U.K.

(1) Where,—

[F1 (a) after an escape or discharge of . . . F2 oil from a ship, measures are reasonably taken for the purpose of preventing or reducing damage in the area of the United Kingdom which may be caused by contamination resulting from the discharge or escape; and]

[F1 (a) after a discharge or escape of oil from a ship, measures are reasonably taken for the purpose of preventing or minimising damage in the area of the United Kingdom which may be caused outside the ship by contamination resulting from the discharge or escape; and]

(b) any person incurs, or might but for the measures have incurred, a liability, otherwise than under section 1 of this Act, for any such damage;

then, notwithstanding that subsection (1)(b) of that section does not apply, he shall be liable for the cost of the measures, whether or not the person taking them does so for the protection of his interests or in the performance of a duty.

[F3 (1A) Where—

(a) after there has arisen 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, measures are reasonably taken for the purpose of preventing or minimising any such damage in the area of the United Kingdom, but

(b) section 1(2) of this Act does not apply,

the owner of the ship shall be liable for the cost of the measures, whether or not the person taking them does so for the protection of his interests or in the performance of a duty.

(1B) Where a person is, by virtue of subsection (1) or (1A) of this section, liable for the cost of any measures, he shall also be liable for any damage caused in the area of the United Kingdom by those measures.]

[F4 (2) For the purposes of section 17 of the M1 Merchant Shipping Act 1979 (limitation of liability) any liability incurred under this section shall be deemed to be a liability 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 4 to that Act.]

Textual Amendments

F1 S. 15(1)(a) commencing “after a discharge” substituted (prosp.) for s. 15(1)(a) commencing “after an escape” by Merchant Shipping Act 1988 (c. 12, SIF 111), ss. 34, 58(2), Sch. 4 Pt. I para. 12(a), (with s. 58(4), Sch. 8 para. 1) (which (prosp.) substitution fell (1.5.1994) by the repeal of 1998 c. 12 s. 34, Sch. 4 by 1993 c. 22, s. 8(4), Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2), Sch.2)

F2 Word repealed (prosp.) by Merchant Shipping Act 1988 (c. 12, SIF 111), ss. 57(5), 58(2), Sch. 7, (with s. 58(4), Sch. 8 para. 1) (which (prosp.) repeal fell (1.5.1994) by the repeal of 1998 c. 12 s. 34, Sch. 4 by 1993 c. 22, s. 8(4), Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2), Sch.2)

F3 s. 15(1A)(1B) inserted (prosp.) by Merchant Shipping Act 1988 (c. 12, SIF 111), ss. 34, 58(2), Sch. 4 Pt. I para. 12(b), (with s. 58(4), Sch. 8 para. 1) (which (prosp.) insertion fell (1.5.1994) by the repeal of 1998 c. 12 s. 34, Sch. 4 by 1993 c. 22, s. 8(4), Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2), Sch. 2)

F4 S. 15(2) substituted by Merchant Shipping Act 1979 (c. 39), ss. 19(4), 52(2), Sch. 5 para. 6(2)

Marginal Citations

M1 1979 c. 39.