Merchant Shipping Act 1995

[F1 255G Liability for costs U.K.

(1) This section applies where—

(a) a ship has been involved in an accident as a result of which it or anything from it has become a wreck in the United Kingdom's Convention area, and

(b) costs have been incurred complying with section 255C or 255F (locating and marking and removal of wrecks).

(2) The person who incurred the costs is entitled to recover them from the ship's registered owner unless the owner proves that an exception set out in paragraph 1(a), (b) or (c) of Article 10 of the Wrecks Convention applies.

(3) The owner is not liable for costs under this section if or to the extent that liability would conflict with—

(a) a convention listed in paragraph 1 of Article 11 of the Wrecks Convention (exceptions to liability),

(b) an enactment implementing such a convention, or

(c) any other provision specified by order made by the Secretary of State.

(4) Where the registered owner of each of two or more ships is liable for costs under this section but the costs for which each is liable cannot reasonably be separated, the registered owners shall be jointly liable for the total costs.

(5) This section does not prevent the exercise of the right (if any) to limit liability by virtue of section 185.

(6) An order under subsection (3)(c) may be made only if a draft has been laid before and approved by resolution of each House of Parliament.

(7) An order may include incidental, supplemental or transitional provision.]

Textual Amendments

F1 Pt. 9A inserted (5.2.2015 for the insertion of ss. 255A, 255J, 255N, 255R for specified purposes, 14.4.2015 in so far as not already in force) by Wreck Removal Convention Act 2011 (c. 8), ss. 1(2), 2(2); S.I. 2015/133, arts. 2, 3