The Merchant Shipping (Salvage Convention) (Overseas Territories) Order 1997

1. Introductory Text

2. 1. Citation and commencement

3. 2. Implementation of the Salvage Convention

4. 3. Interpretation

5. Signature

6. 1. SCHEDULE 1 TO THE ORDER

      1. Anguilla British Antarctic Territory British Indian Ocean Territory Cayman Islands...

   2. SCHEDULE 2 TO THE ORDER

      SECTIONS 224 AND 255(1) OF THE MERCHANT SHIPPING ACT 1995

      1. Salvage

         1. 224. Salvage Convention 1989 to have force of law

         2. 255. (1) In this Part— … “salvage” includes, subject to the...

   3. SCHEDULE 11 TO THE MERCHANT SHIPPING ACT 1995

      INTERNATIONAL CONVENTION ON SALVAGE 1989

      1. PART I TEXT OF CONVENTION

         1. CHAPTER I— GENERAL PROVISIONS

            1. ARTICLE 1 Definitions

               1. For the purpose of this Convention— (a) Salvage operation means...

            2. ARTICLE 2 Application of the Convention

               1. This Convention shall apply whenever judicial or arbitral proceedings relating...

            3. ARTICLE 3 Platforms and drilling units

               1. This Convention shall not apply to fixed or floating platforms...

            4. ARTICLE 4 State-owned vessels

               1. 1. Without prejudice to article 5, this Convention shall not apply...

               2. 2. Where a State Party decides to apply the Convention to...

            5. ARTICLE 5 Salvage operations controlled by public authorities

               1. 1. This Convention shall not affect any provisions of national law...

               2. 2. Nevertheless, salvors carrying out such salvage operations shall be entitled...

               3. 3. The extent to which a public authority under a duty...

            6. ARTICLE 6 Salvage contracts

               1. 1. This Convention shall apply to any salvage operations save to...

               2. 2. The master shall have the authority to conclude contracts for...

               3. 3. Nothing in this article shall affect the application of article...

            7. ARTICLE 7 Annulment and modification of contracts

               1. A contract or any terms thereof may be annulled or...

         2. CHAPTER II— PERFORMANCE OF SALVAGE OPERATIONS

            1. ARTICLE 8 Duties of the salvor and of the owner and master

               1. 1. The salvor shall owe a duty to the owner of...

               2. 2. The owner and master of the vessel or the owner...

            2. ARTICLE 9 Rights of coastal States

               1. Nothing in this Convention shall affect the right of the...

            3. ARTICLE 10 Duty to render assistance

               1. 1. Every master is bound, so far as he can do...

               2. 2. The States Parties shall adopt the measures necessary to enforce...

               3. 3. The owner of the vessel shall incur no liability for...

            4. ARTICLE 11 Cooperation

               1. A State Party shall, whenever regulating or deciding upon matters...

         3. CHAPTER III— RIGHTS OF SALVORS

            1. ARTICLE 12 Conditions for reward

               1. 1. Salvage operations which have had a useful result give right...

               2. 2. Except as otherwise provided, no payment is due under this...

               3. 3. This chapter shall apply, notwithstanding that the salved vessel and...

            2. ARTICLE 13 Criteria for fixing the reward

               1. 1. The reward shall be fixed with a view to encouraging...

               2. 2. Payment of a reward fixed according to paragraph 1 shall...

               3. 3. The rewards, exclusive of any interest and recoverable legal costs...

            3. ARTICLE 14 Special compensation

               1. 1. If the salvor has carried out salvage operations in respect...

               2. 2. If, in the circumstances set out in paragraph 1, the...

               3. 3. Salvor’s expenses for the purpose of paragraphs 1 and 2...

               4. 4. The total special compensation under this article shall be paid...

               5. 5. If the salvor has been negligent and has thereby failed...

               6. 6. Nothing in this article shall affect any right of recourse...

            4. ARTICLE 15 Apportionment between salvors

               1. 1. The apportionment of a reward under article 13 between salvors...

               2. 2. The apportionment between the owner, master and other persons in...

            5. ARTICLE 16 Salvage of persons

               1. 1. No remuneration is due from persons whose lives are saved,...

               2. 2. A salvor of human life, who has taken part in...

            6. ARTICLE 17 Services rendered under existing contracts

               1. No payment is due under the provisions of this Convention...

            7. ARTICLE 18 The effect of salvor’s misconduct

               1. A salvor may be deprived of the whole or part...

            8. ARTICLE 19 Prohibition of salvage operations

               1. Services rendered notwithstanding the express and reasonable prohibition of the...

         4. CHAPTER IV— CLAIMS AND ACTIONS

            1. ARTICLE 20 Maritime lien

               1. 1. Nothing in this Convention shall affect the salvor’s maritime lien...

               2. 2. The salvor may not enforce his maritime lien when satisfactory...

            2. ARTICLE 21 Duty to provide security

               1. 1. Upon the request of the salvor a person liable for...

               2. 2. Without prejudice to paragraph 1, the owner of the salved...

               3. 3. The salved vessel and other property shall not, without the...

            3. ARTICLE 22 Interim payment

               1. 1. The tribunal having jurisdiction over the claim of the salvor...

               2. 2. In the event of an interim payment under this article...

            4. ARTICLE 23 Limitation of actions

               1. 1. Any action relating to payment under this Convention shall be...

               2. 2. The person against whom a claim is made may at...

               3. 3. An action for indemnity by a person liable may be...

            5. ARTICLE 24 Interest

               1. The right of the salvor to interest on any payment...

            6. ARTICLE 25 State-owned cargoes

               1. Unless the State owner consents, no provision of this Convention...

            7. ARTICLE 26 Humanitarian cargoes

               1. No provision of this Convention shall be used as a...

            8. ARTICLE 27 Publication of arbitral awards

               1. States Parties shall encourage, as far as possible and with...

      2. PART II PROVISIONS HAVING EFFECT IN CONNECTION WITH CONVENTION

         1. Interpretation

            1. 1. In this Part of this Schedule: (a) “the Convention” means...

            2. 2. Claims excluded from Convention

         2. Assistance to persons in danger at sea

            1. 3. (1) The master of a vessel who fails to comply...

         3. The reward and special compensation: the common understanding

            1. 4. In fixing a reward under article 13 and assessing special...

         4. Recourse for life salvage payment

            1. 5. (1) This paragraph applies where— (a) services are rendered wholly...

         5. Meaning of “judicial proceedings”

            1. 6. References in the Convention to judicial proceedings are references to...

         6. Meaning of “State Party”

            1. 7. (1) An Order in Council made for the purposes of...

7. Explanatory Note