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

PART II PROVISIONS HAVING EFFECT IN CONNECTION WITH CONVENTION

Interpretation

1.  In this Part of this Schedule:

(a) “the Convention” means the Convention as set out in Part I of this Schedule and any reference to a numbered article is a reference to the article of the Convention which is so numbered;

(b) “the waters of the Territory” means the sea or other waters within the seaward limits of the territorial sea of the Territory.

Claims excluded from Convention

2.—(1) The provisions of the Convention do not apply—

(a) to a salvage operation which takes place in inland waters of the Territory and in which all the vessels involved are of inland navigation; and

(b) to a salvage operation which takes place in inland waters of the Territory and in which no vessel is involved.

(2) In this paragraph “inland waters” does not include any waters within the ebb and flow of the tide at ordinary spring tides or the waters of any dock which is directly or (by means of one or more other docks) indirectly, connected with such waters.

Assistance to persons in danger at sea

3.—(1) The master of a vessel who fails to comply with the duty imposed on him by article 10, paragraph 1 commits an offence and shall be liable—

(a) in Anguilla,

(i) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding 5000 East Caribbean dollars or both;

(ii) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both;

(b) in the British Antarctic Territory, to be tried by the Supreme Court and, if convicted, to imprisonment for a term not exceeding two years or a fine or both;

(c) in the British Indian Ocean Territory, to be tried by the Supreme Court, and, if convicted, to imprisonment for a term not exceeding two years or a fine, or both;

(d) in the Falkland Islands,

(i) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both;

(ii) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both;

(e) Pitcairn, Henderson, Ducie and Oeno Islands,

(i) on conviction by the Subordinate Court, to imprisonment for a term not exceeding six months, or a fine not exceeding two thousand five hundred pounds or its equivalent, or both;

(ii) on conviction by the Supreme Court, to imprisonment for a term not exceeding two years or a fine not exceeding ten thousand pounds or its equivalent, or both.

(f) in Saint Helena and its Dependencies,

(i) on summary conviction, to imprisonment for a term not exceeding two years or a fine not exceeding £1000 or both;

(ii) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both;

(g) in South Georgia and the South Sandwich Islands,

(i) on summary conviction, to imprisonment for a term not exceeding two years or a fine not exceeding the statutory maximum or both;

(ii) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both;

(h) in the Turks and Caicos Islands,

(i) on summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding 3000 United States dollars or both;

(ii) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both;

(i) in the Virgin Islands,

(i) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding 3000 United States dollars or both;

(ii) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both;

and in subparagraphs (d) and (g), “statutory maximum” means such sum as is for the time being the prescribed sum for the purposes of section 32 of the Magistrates' Courts Act 1980.

(2) Compliance by the master of a vessel with that duty shall not affect his right or the right of any other person to a payment under the Convention or under any contract.

The reward and special compensation: the common understanding

4.  In fixing a reward under article 13 and assessing special compensation under article 14 the court or arbitrator is under no duty to fix a reward under article 13 up to the maximum salved value of the vessel and other property before assessing the special compensation to be paid under article 14.

Recourse for life salvage payment

5.—(1) This paragraph applies where—

(a) services are rendered wholly or in part in the waters of the Territory in saving life from a vessel of any nationality or elsewhere in saving life from any ship registered in the Territory; and

(b) either—

(i) the vessel and other property are destroyed, or

(ii) the sum to which the salvor is entitled under article 16, paragraph 2 is less than a reasonable amount for the services rendered in saving life.

(2) Where this paragraph applies, the Authority may, if he thinks fit, pay to the salvor such sum or, as the case may be, such additional sum as he thinks fit in respect of the services rendered in saving life; and for the purposes of this paragraph, “the Authority” means—

(a) in Anguilla, the Governor;

(b) in the British Antarctic Territory, the Commissioner;

(c) in the British Indian Ocean Territory, the Commissioner;

(d) in the Cayman Islands, the Governor in Council;

(e) in Pitcairn, Henderson, Ducie and Oeno Islands, the Governor;

(f) in the Falkland Islands, the Governor;

(g) in Saint Helena, the Governor;

(h) in South Georgia and the South Sandwich Islands, the Commissioner;

(i) in the Turks and Caicos Islands, the Governor;

(j) in the Virgin Islands, the Governor in Council.

Meaning of “judicial proceedings”

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

(a) in Anguilla, in the High Court;

(b) in the British Antarctic Territory, in the Supreme Court;

(c) in the British Indian Ocean Territory, in the Supreme Court;

(d) in the Cayman Islands, in the Summary Court or the Grand Court;

(e) in Pitcairn, Henderson, Ducie and Oeno Islands, the Supreme Court;

(f) in the Falkland Islands, in the Supreme Court or the Magistrate’s Court;

(g) in Saint Helena in the Saint Helena Supreme Court;

(h) in South Georgia and the South Sandwich Islands, in the Supreme Court;

(i) in the Turks and Caicos Islands, in the Magistrate’s Court or the Supreme Court;

(j) in the Virgin Islands, in the High Court;

and any reference to the tribunal having jurisdiction (so far as it refers to judicial proceedings) shall be construed accordingly.

Meaning of “State Party”

7.—(1) An Order in Council made for the purposes of this paragraph and declaring that any State specified in the Order is a party to the Convention in respect of a specified country shall, subject to the provisions of any subsequent Order made for those purposes, be conclusive evidence that the State is a party to the Convention in respect of that country.

(2) In this paragraph “country” includes “territory”.