| Jurisdiction | UK Non-devolved |
| Citation | SI 1997/2586 |
1997 No. 2586
MERCHANT SHIPPING
The Merchant Shipping (Salvage Convention) (Overseas Territories) Order 1997
Made 30th October 1997
Coming into force 30th November 1997
At the Court at Buckingham Palace, the 30th day of October 1997
Present,
The Queen’s Most Excellent Majesty in Council
Her Majesty, in exercise of the powers conferred on Her by section 315(2) of the Merchant Shipping Act 19951and 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:—
Citation and commencement
1. This Order may be cited as the Merchant Shipping (Salvage Convention) (Overseas Territories) Order 1997 and shall come into force on 30th November 1997.
Implementation of the Salvage Convention
2. Sections 224 and 255(1) of and Schedule 11 to the Merchant Shipping Act 1995 shall extend to each of the territories listed in Schedule 1 to this Order subject to the exceptions, adaptations and modifications specified in Schedule 2 to this Order, and any instrument made, or to be made under paragraph 7 of part II of Schedule 2 to this Order shall also extend to each Territory.
Interpretation
3. In this Order “the Territory” means any of the territories listed in Schedule 1.
N. H. Nicholls
Clerk of the Privy Council
SCHEDULE 1 TO THE ORDER
Article 2
SCHEDULE 1 TO THE ORDER
Anguilla
British Antarctic Territory
British Indian Ocean Territory
Cayman Islands
Falkland Islands
Pitcairn, Henderson, Ducie and Oeno Islands and its Dependencies
Saint Helena
South Georgia and the South Sandwich Islands
Turks and Caicos Islands
Virgin Islands
SCHEDULE 2 TO THE ORDER
Article 2
SECTIONS 224 AND 255(1) OF THE MERCHANT SHIPPING ACT 1995
Salvage
Salvage Convention 1989 to have force of law
(224) (1)
(224) (1) The provisions of the International Convention on Salvage, 1989 as set out in Part I of Schedule 11 (in this Chapter referred to as “the Salvage Convention”) shall have the force of law in the Territory.
(2)
(2) The provisions of Part II of that Schedule shall have effect in connection with the Salvage Convention, and subsection (1) above shall have effect subject to the provisions of that Part.
…
(4)
(4) Nothing in subsection (1) or (2) above shall affect any rights or liabilities arising out of any salvage operations started or other acts done before the entry into force of this Order.
…
(255) (1)
(255) (1) In this Part—
…
“salvage” includes, subject to the Salvage Convention, all expenses properly incurred by the salvor in the performance of the salvage services;
…
“salvor” means, in the case of salvage services rendered by the officers or crew or part of the crew of any ship belonging to Her Majesty, the person in command of the ship;
…
“vessel” includes any ship or boat, or any other description of vessel used in navigation.
SCHEDULE 11 TO THE MERCHANT SHIPPING ACT 1995
INTERNATIONAL CONVENTION ON SALVAGE 1989
PART I
TEXT OF CONVENTION
CHAPTER I—
GENERAL PROVISIONS
ARTICLE 1
Definitions
For the purpose of this Convention—
(a) Salvage operation means any act or activity undertaken to assist a vessel or any other property in danger in navigable waters or in any other waters whatsoever.
(b) Vessel means any ship or craft, or any structure capable of navigation.
(c) Property means any property not permanently and intentionally attached to the shoreline and includes freight at risk.
(d) Damage to the environment means substantial physical damage to human health or to marine life or resources in coastal or inland waters or areas adjacent thereto, caused by pollution, contamination, fire, explosion or similar major incidents.
(e) Payment means any reward, remuneration or compensation due under this Convention.
(f) Organisation means the International Maritime Organisation.
(g) Secretary-General means the Secretary-General of the Organisation.
ARTICLE 2
Application of the Convention
This Convention shall apply whenever judicial or arbitral proceedings relating to matters dealt with in this Convention are brought in a State Party.
ARTICLE 3
Platforms and drilling units
This Convention shall not apply to fixed or floating platforms or to mobile off-shore drilling units when such platforms or units are on location engaged in the exploration, exploitation or production of sea-bed mineral resources.
ARTICLE 4
State-owned vessels
1. Without prejudice to article 5, this Convention shall not apply to warships or other non-commercial vessels owned or operated by a State and entitled, at the time of salvage operations, to sovereign immunity under generally recognised principles of international law unless that State decides otherwise.
2. Where a State Party decides to apply the Convention to its warships or other vessels described in paragraph 1, it shall notify the Secretary-General thereof specifying the terms and conditions of such application.
ARTICLE 5
Salvage operations controlled by public authorities
1. This Convention shall not affect any provisions of national law or any international convention relating to salvage operations by or under the control of public authorities.
2. Nevertheless, salvors carrying out such salvage operations shall be entitled to avail themselves of the rights and remedies provided for in this Convention in respect of salvage operations.
3. The extent to which a public authority under a duty to perform salvage operations may avail itself of the rights and remedies provided for in this Convention shall be determined by the law of the State where such authority is situated.
ARTICLE 6
Salvage contracts
1. This Convention shall apply to any salvage operations save to the extent that a contract otherwise provides expressly or by implication.
2. The master shall have the authority to conclude contracts for salvage operations on behalf of the owner of the vessel. The master or the owner of the vessel shall have the authority to conclude such contracts on behalf of the owner of the property on board the vessel.
3. Nothing in this article shall affect the application of article 7 nor duties to prevent or minimise damage to the environment.
ARTICLE 7
Annulment and modification of contracts
A contract or any terms thereof may be annulled or modified if—
(a) the contract has been entered into under undue influence or the influence of danger and its terms are inequitable; or
(b) the payment under the contract is in an excessive degree too large or too small for the services actually rendered.
CHAPTER II—
PERFORMANCE OF SALVAGE OPERATIONS
ARTICLE 8
Duties of the salvor and of the owner and master
1. The salvor shall owe a duty to the owner of the vessel or other property in danger—
(a) to carry out the salvage operations with due care;
(b) in performing the duty specified in subparagraph (a), to exercise due care to prevent or minimise damage to the environment;
(c) whenever circumstances reasonably require, to seek assistance from other salvors; and
(d) to accept the intervention of other salvors when reasonably requested to do so by the owner or master of the vessel or other property in danger; provided however that the amount of his reward shall not be prejudiced should it be found that such a request was unreasonable.
2. The owner and master of the vessel or the owner of other property in danger shall owe a duty to the salvor—
(a) to cooperate fully with him during the course of the salvage operations;
(b) in so doing, to exercise due care to prevent or minimise damage to the environment; and
(c) when the vessel or other property has been brought to a place of safety, to accept redelivery when reasonably requested by the salvor to do so.
ARTICLE 9
Rights of coastal States
Nothing in this Convention shall affect the right of the coastal State concerned to take measures in accordance with generally recognised principles of international law to protect its coastline or related interests from pollution or the threat of pollution following upon a maritime casualty or acts relating to such a casualty which may reasonably be expected to result in major harmful consequences, including the right of a coastal State to give directions in relation to salvage operations.
ARTICLE 10
Duty to render assistance
1. Every master is bound, so far as he can do so without serious danger to his vessel and persons thereon, to render assistance to any person in danger of being lost at sea.
2. The States Parties shall adopt the measures necessary to enforce the duty set out in paragraph 1.
3. The owner of the vessel shall incur no liability for a breach of the duty of the master under paragraph 1.
ARTICLE 11
Cooperation
A State Party shall, whenever regulating or deciding upon matters relating to salvage operations such as admittance to ports of vessels in distress or the provision of facilities to salvors, take into account the need for cooperation between salvors, other interested parties and public authorities in order to ensure the efficient and successful performance of salvage operations for the purpose of saving life or property in danger as well as preventing damage to the environment in general.
CHAPTER III—
RIGHTS OF SALVORS
ARTICLE 12
Conditions for reward
1. Salvage operations which have had a useful result give right to a reward.
2. Except as otherwise provided, no payment is due under this Convention if the salvage operations have had no...
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