The Merchant Shipping (Convention on Limitation of Liability for Maritime Claims) (Amendment) Order 1998
1Citation and commencement
2Interpretation
3Claims excepted from limitation
4Limits of Liability
5Scope of application of Convention
6Reservations permitted under the Convention
7Amendments to provisions which have effect in connection with the Convention
8The Schedule to this Order contains the text of Schedule...
SCHEDULESCHEDULE 7 TO THE MERCHANT SHIPPING ACT 1995 AS AMENDED
PART ITEXT OF CONVENTION
CHAPTER I.THE RIGHT OF LIMITATION
ARTICLE 1Persons entitled to limit liability
1Shipowners and salvors, as hereinafter defined, may limit their liability...
2The term “shipowner” shall mean the owner, charterer, manager or...
3Salvor shall mean any person rendering services in direct connection...
4If any claims set out in Article 2 are made...
5In this Convention the liability of a shipowner shall include...
6An insurer of liability for claims subject to limitation accordance...
7The act of invoking limitation of liability shall not constitute...
ARTICLE 2Claims subject to limitation
1Subject to Articles 3 and 4 the following claims, whatever...
2Claims set out in paragraph 1 shall be subject to...
ARTICLE 3Claims excepted from limitation
ARTICLE 4Conduct barring Limitation
ARTICLE 5Counterclaims
CHAPTER II.LIMITS OF LIABILITY
ARTICLE 6The general limits
1The limits of liability for claims other than those mentioned...
2Where the amount calculated in accordance with paragraph 1(a) is...
3The limits of liability for any salvor not operating from...
ARTICLE 7The limit for passenger claims
1In respect of claims arising on any distinct occasion for...
2For the purpose of this Article “claims for loss of...
ARTICLE 8Unit of Account
ARTICLE 9Aggregation of claims
1The limits of liability determined in accordance with Article 6...
2The limits of liability determined in accordance with Article 7...
ARTICLE 10Limitation of liability without constitution of a limitation fund
1Limitation of liability may be invoked notwithstanding that a limitation...
2If limitation of liability is invoked without the constitution of...
3Questions of procedure arising under the rules of this Article...
CHAPTER III.THE LIMITATION FUND
ARTICLE 11Constitution of the Fund
1Any person alleged to be liable may constitute a fund...
2A fund may be constituted, either by depositing the sum,...
3A fund constituted by one of the persons mentioned in...
ARTICLE 12Distribution of the fund
1Subject to the provisions of paragraphs 1 and 2 of...
2If, before the fund is distributed, the person liable, or...
3The right of subrogation provided for in paragraph 2 may...
4Where the person liable or any other person establishes that...
ARTICLE 13Bar to other actions
1Where a limitation fund has been constituted in accordance with...
2After a limitation fund has been constituted in accordance with...
3The rules of paragraphs 1 and 2 shall apply only...
ARTICLE 14Governing law
CHAPTER IV.SCOPE OF APPLICATION
ARTICLE 15
1This Convention shall apply whenever any person referred to in...
2A State Party may regulate by specific provisions of national...
ARTICLE 18Reservations
1Any State may, at the time of signature, ratification, acceptance,...
PART IIPROVISIONS HAVING EFFECT IN CONNECTION WITH CONVENTION
Interpretation
1In this Part of this Schedule any reference to a...
Right to limit liability
2Subject to paragraph 6 below, the right to limit liability...
Claims subject to limitation
2AParagraph 1(a) of article 2 shall have effect as if...
3(1) Paragraph 1(d) of article 2 shall not apply unless...
Claims excluded from limitation
4(1) Claims for damage within the meaning of the International...
The general limits
5(1) In the application of article 6 to a ship...
Limit for passenger claims
6(1) Article 7 shall not apply in respect of any...
Units of Account
7(1) For the purpose of converting the amounts mentioned in...
Constitution of fund
8(1) The Secretary of State may, with the concurrence of...
Distribution of fund
9No lien or other right in respect of any ship...
Bar to other actions
10Where the release of a ship or other property is...
Meaning of “court”
11References in the Convention and the preceding provisions of this...
Meaning of “ship”
12References in the Convention and in the preceding provisions of...
Meaning of “State Party”
13An Order in Council made for the purposes of this...

1998 No. 1258

MERCHANT SHIPPING

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

Made

Coming into force in accordance with Article 1

At the Court of Buckingham Palace, the 19th day of May 1998

Present,

The Queen’s Most Excellent Majesty in Council

Whereas a draft of this Order has, in pursuance of section 185(5) of the Merchant Shipping Act 19951, been laid before Parliament and approved by a resolution of each House of Parliament:

Now, therefore, Her Majesty, by virtue and in exercise of the powers conferred on her by section 185(2A) of the Merchant Shipping Act 1995, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: