UNITED KINGDOM STATUTORY INSTRUMENT
1996 No. 1143
MERCHANT SHIPPING
The Merchant Shipping (Liability and Compensation for Oil Pollution Damage) (Transitional Provisions) Order 1996
Made 24th April 1996
Laid before Parliament 7th May 1996
Coming into force 30th May 1996
At the Court at Windsor Castle, the 24th day of April 1996
Present,
The Queen’s Most Excellent Majesty in Council
Her Majesty, in exercise of the powers conferred by sections 171(2) and 182(2) of the Merchant Shipping Act 1995, and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
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This Order may be cited as the Merchant Shipping (Liability and...
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.
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In this Order, unless the context otherwise requires:— “ the...
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.
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Notwithstanding the coming into force of Chapters III and IV...
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)
(i) Article XII bis of the 1969 Liability Convention, inserted by Article 9 of the 1992 Liability Protocol;
(ii)
(ii) Article 36 bis of the 1971 Fund Convention, inserted by Article 26 of the 1992 Fund Protocol.
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During the period while the United Kingdom remains a Party to...
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.
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In section 173(7) of the Act the reference to “Article 12 of...
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.
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For convenience of reference Article XII bis of the 1992...
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.
N. H. Nicholls
Clerk of the Privy Council
SCHEDULE 1
Article 3
ARTICLE XII BIS OF THE 1992 LIABILITY CONVENTION AND ARTICLE 36 BIS OF THE 1992 FUND CONVENTION
1
Article XII bis of the 1992 Liability ConventionArticle XII bis of the 1992 Liability Convention
transitional provisions
The following transitional provisions shall apply in the case of a State which at the time of an incident is a Party both to this Convention and to the 1969 Liability Convention:
(a) where an incident has caused pollution damage within the scope of this Convention, liability under this Convention shall be deemed to be discharged if, and to the extent that, it also arises under the 1969 Liability Convention;
(b) where an incident has caused pollution damage within the scope of this Convention, and the State is a Party both to this Convention and to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971, liability remaining to be discharged after the application of sub-paragraph (a) of this Article shall arise under this Convention only to the extent that pollution damage remains uncompensated after application of the said 1971 Convention;
(c) in the application of Article III, paragraph 4, of this Convention the expression “this Convention” shall be interpreted as referring to this Convention or the 1969 Liability Convention, as appropriate;
(d) in the application of Article V, paragraph 3, of this Convention the total sum of the fund to be constituted shall be reduced by the amount by which liability has been deemed to be discharged in accordance with sub-paragraph (a) of this Article.
Article 36 bis of the 1992 Fund Convention
The following transitional provisions shall apply in the period, hereinafter referred to as the transitional period, commencing with the date of entry into force of this Convention and ending with the date on which the denunciations provided for in Article 31 of the 1992 Protocol to amend the 1971 Fund Convention take effect:
(a) In this application of paragraph 1(a) of Article 2 of this Convention, the reference to the 1992 Liability Convention shall include reference to the International Convention on Civil Liability for Oil Pollution Damage, 1969, either in its original version or as amended by the Protocol thereto of 1976 (referred to in this Article as “the 1969 Liability Convention”), and also the 1971 Fund Convention.
(b) Where an incident has caused pollution damage within the scope of this Convention, the Fund shall pay compensation to any person suffering pollution damage only if, and to the extent that, such person has been unable to obtain full and adequate compensation for the damage under the terms of the 1969 Liability Convention, the 1971 Fund Convention and the 1992 Liability Convention, provided that, in respect of pollution...
