The Merchant Shipping (Liability and Compensation for Oil Pollution Damage) (Transitional Provisions) Order 1996

• Citation: S.I. 1996/1143
• Sections: 22

Section 1

This Order may be cited as the Merchant Shipping (Liability and Compensation for Oil Pollution Damage) (Transitional Provisions) Order 1996, and shall come into force on 30th May 1996.

Section 2

In this Order, unless the context otherwise requires:—

“ the Act ” means the Merchant Shipping Act 1995;

“the 1969 Liability Convention ” means the International Convention on Civil Liability for Oil Pollution Damage signed in Brussels in 1969, as amended by the Protocol signed in London in 1976;

“the 1992 Liability Convention ” means the 1969 Liability Convention as amended by the 1992 Liability Protocol ;

“the 1992 Liability Protocol” means the Protocol of 1992 to amend the 1969 Liability Convention signed in London in 1992;

“the 1971 Fund Convention ” means the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage opened for signature in Brussels on 18th December 1971, as amended by the Protocol signed in London in 1976;

“the 1992 Fund Convention ” means the 1971 Fund Convention as amended by the 1992 Fund Protocol ; and

“the 1992 Fund Protocol” means the Protocol of 1992 to amend the 1971 Fund Convention signed in London in 1992.

Section 3

(1) Notwithstanding the coming into force of Chapters III and IV of Part VI of the Act (and the consequent ceasing to have effect of Schedule 4 and Part II of Schedule 5 to that Act), the provisions mentioned in paragraph (2) below and set out in Schedule 1 to this Order (being transitional provisions) shall have the force of law in the United Kingdom, subject to the modifications in Schedule 2 to this Order, and for this purpose the provisions of Schedule 4 and Part II of Schedule 5 to the Act shall continue to have effect.

(2) The provisions are:

(i) Article XII bis of the 1969 Liability Convention, inserted by Article 9 of the 1992 Liability Protocol;

(ii) Article 36 bis of the 1971 Fund Convention, inserted by Article 26 of the 1992 Fund Protocol.

Section 4

During the period while the United Kingdom remains a Party to the 1969 Liability Convention, references in sections 163 and 164 of the Act to the “Liability Convention” shall, in respect of ships registered in a State Party to the 1969 Liability Convention but not the 1992 Liability Convention, be references to the 1969 Liability Convention.

Section 5

In section 173(7) of the Act the reference to “Article 12 of the Fund Convention” shall have effect as a reference to Article 12 subject to Article 36 ter of that Convention.

Section 6

For convenience of reference Article XII bis of the 1992 Liability Convention, and Article 36 bis of the 1992 Fund Convention, as modified by Schedule 2 to this Order, are set out in Schedule 3.

Section 1

References to a State shall be references to the United Kingdom.

Section 1

The “transitional period” means the period from the date of entry into force of this Order to the date on which the Order ceases to have effect.

Section 2

In the chapeau, the reference to “this Convention” shall be a reference to the 1992 Liability Convention.

Section 2

“The Fund” shall have the same meaning as in section 172 of the Act.

Section 3

In sub-paragraph (a) of Article XII bis references to “this Convention” shall be references to sections 152 to 170 of the Act, and the reference to “the 1969 Liability Convention” shall be as a reference to sections 152 to 170 in Schedule 4 to the Act.

Section 3

Except for the second reference in sub-paragraph (b), references to the “1971 Fund Convention” shall be references to sections 172 to 181 of the Act as set out in Schedule 4 to the Act.

Section 4

In sub-paragraph (b) of Article XII bis the first and third references to “this Convention” shall be references to sections 152 to 170 of the Act, and the second to the 1992 Liability Convention; and the reference to “the said 1971 Convention” shall be a reference to sections 172 to 181 in Schedule 4 to the Act.

Section 4

Except for the third reference in sub-paragraph (b) references to “this Convention” shall be references to sections 172 to 181 of the Act.

Section 5

For sub-paragraph (c) of Article XII bis there shall be substituted “subsection (1)(i) of section 156 of the Act refers to liability under section 153 of the Act or under section 153 in Schedule 4 to the Act, as appropriate, and subsection (1)(ii) of section 156 of the Act applies to the persons referred to in section 156(2) of the Act or section 156(b) in Schedule 4 to the Act, as appropriate”.

Section 5

References to “the 1969 Liability Convention” shall be references to sections 152 to 170 of the Act as set out in Schedule 4 to the Act.

Section 6

In sub-paragraph (d) of Article XII bis, the reference to “Article V, paragraph 3, of this Convention” shall be a reference to section 158 of the Act.

Section 6

References to “the 1992 Liability Convention” shall be references to sections 152 to 170 of the Act.

Section 7

Sub-paragraph (a) of Article 36 bis shall be omitted.

Section 8

In sub-paragraph (b) of Article 36 bis for “the above-mentioned Conventions” there shall be substituted “the 1969 Liability Convention, the 1992 Liability Convention and the 1971 Fund Convention”.

Section 9

In sub-paragraph (c) of Article 36 bis, the reference to “Article 4 of this Convention” shall be a reference to Part I of Schedule 5 to the Act.

Section 10

In sub-paragraph (d) of Article 36 bis, the reference to “paragraph 1 of Article 9 of this Convention” shall be a reference to section 179(1) of the Act.