Statutory Instrument 1996 No. 1143

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

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1996 No. 1143

MERCHANT SHIPPING

The Merchant Shipping (Liability and Compensation for Oil Pollution Damage) (Transitional Provisions) Order 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^[1], 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:—

    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.

    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.

    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.

    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.

    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.

    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

[1] 1995 c. 21. back

Explanatory Note