Merchant Shipping (Oil Pollution) Act 1971
| Jurisdiction | UK Non-devolved |
| Citation | 1971 c. 59 |
for any damage caused in the area of the United Kingdom by contamination resulting from the discharge or escape; andfor the cost of any measures reasonably taken after the discharge or escape for the purpose of preventing or reducing any such damage in the area of the United Kingdom; andfor any damage caused in the area of the United Kingdom by any measures so taken.(2) Where a person incurs a liability under subsection (1) of this section he shall also be liable for any damage or cost for which he would be liable under that subsection if the references therein to the area of the United Kingdom included the area of any other Convention country.a liability is incurred under this section by the owner of each of them; butthe damage or cost for which each of the owners would be liable cannot reasonably be separated from that for which the other or others would be liable;(4) For the purposes of this Act, where more than one discharge or escape results from the same occurrence or from a series of occurrences having the same origin, they shall be treated as one; but any measures taken after the first of them shall be deemed to have been taken after the discharge or escape.(5) The for any damage caused outside the ship in the area of the United Kingdom by contamination resulting from the discharge or escape; andfor the cost of any measures reasonably taken after the discharge or escape for the purpose of preventing or minimising any damage so caused in the area of the United Kingdom by contamination resulting from the discharge or escape; andfor any damage so caused in the area of the United Kingdom by any measures so taken.for the cost of any measures reasonably taken for the purpose of preventing or minimising any such damage in the area of the United Kingdom; andfor any damage caused outside the ship in the area of the United Kingdom by any measures so taken;as a result of any occurrence, a liability is incurred under this section by the owner of each of two or more ships, butthe damage or cost for which each of the owners would be liable cannot reasonably be separated from that for which the other or others would be liable,(4) The Law Reform (Contributory Negligence) Act 1945 and, in Northern Ireland, the Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1948 shall apply in relation to any damage or cost for which a person is liable under this section but which is not due to his fault, as if it were due to his fault.(5) In this section “ship” includes a vessel which is not sea-going.(a) resulted from an act of war, hostilities, civil war, insurrection or an exceptional, inevitable and irresistible natural phenomenon; or(b) was due wholly to anything done or left undone by another person, not being a servant or agent of the owner, with intent to do damage; or(c) was due wholly to the negligence or wrongful act of a government or other authority in exercising its function of maintaining lights or other navigational aids for the maintenance of which it was responsible.(a) resulted from an act of war, hostilities, civil war, insurrection or an exceptional, inevitable and irresistible natural phenomenon; or(b) was due wholly to anything done or omitted to be done by another person, not being a servant or agent of the owner, with intent to do damage;
To continue reading
Request your trial