Merchant Shipping (Oil Pollution) (Bermuda) Order 1997

JurisdictionUK Non-devolved
CitationSI 1997/2581

1997 No. 2581

MERCHANT SHIPPING

The Merchant Shipping (Oil Pollution) (Bermuda) 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:—

S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Merchant Shipping (Oil Pollution) (Bermuda) Order 1997 and shall come into force on 30th November 1997.

S-2 Implementation of the Liability and Fund Convention

Implementation of the Liability and Fund Convention

2. Sections 152 to 1702and 172 to 181 of, and Schedule 5 to, the Merchant Shipping Act 1995, subject to the exceptions, adaptations and modifications specified in the Schedule to this Order, shall extend to Bermuda, and any instrument made, or to be made, under section 152(2), 157(2), 157(4), 172(2) or 176(5) shall also extend to Bermuda.

S-3 Revocations

Revocations

3. The following Orders are hereby revoked—

(a) The Merchant Shipping (Oil Pollution) (Bermuda) Order 19753;

(b) The Merchant Shipping (Oil Pollution) (Bermuda) (Amendment) Order 19814.

N. H. Nicholls

Clerk of the Privy Council

SCHEDULE TO THE ORDER

Article 2

THE MERCHANT SHIPPING ACT 1995

6 PREVENTION OF POLLUTION

PART VI

PREVENTION OF POLLUTION

CHAPTER III

LIABILITY FOR OIL POLLUTION

Preliminary

Preliminary

SCH-1.152

152. Meaning of “the Liability Convention”and related expressions.

(1) In this Chapter—

“the Liability Convention” means the International Convention on Civil Liability for Oil Pollution Damage 1992;

“Liability Convention country” means a country in respect of which the Liability Convention is in force and includes the United Kingdom and any relevant British possession to which the Liability Convention has been extended; and

“Liability Convention State” means a State which is a party to the Convention.

(2) If Her Majesty by Order in Council declares that any State specified in the Order is a party to the Liability Convention in respect of any country so specified the Order shall, while in force, be conclusive evidence that that State is a party to the Liability Convention in respect of that country.

Liability

Liability

SCH-1.153

153. Liability for oil pollution in case of tankers.

(1) Where, as a result of any occurrence, any oil is discharged or escapes from a ship to which this section applies, then (except as otherwise provided by this Chapter) the owner of the ship shall be liable—

(a)

(a) for any damage caused outside the ship in the territory of Bermuda by contamination resulting from the discharge or escape; and

(b)

(b) for 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 territory of Bermuda by contamination resulting from the discharge or escape; and

(c)

(c) for any damage caused in the territory of Bermuda by any measures so taken.

(2) Where, as a result of any occurrence, there arises a grave and imminent threat of damage being caused outside a ship to which this section applies by the contamination that might result if there were a discharge or escape of oil from the ship, then (except as otherwise provided by this Chapter) the owner of the ship shall be liable—

(a)

(a) for the cost of any measures reasonably taken for the purpose of preventing or minimising any such damage in the territory of Bermuda, and

(b)

(b) for any damage caused outside the ship in the territory of Bermuda by any measures so taken;

and in this Chapter any such threat is referred to as a relevant threat of contamination.

(3) Subject to subsection (4) below, this section applies to any ship constructed or adapted for carrying oil in bulk as cargo.

(4) Where any ship so constructed or adapted is capable of carrying other cargoes besides oil, this section shall apply to any such ship—

(a)

(a) while it is carrying oil in bulk as cargo; and

(b)

(b) unless it is proved that no residues from the carriage of any such oil remain in the ship, while it is on any voyage following the carriage of any such oil,

but not otherwise.

(5) Where a person incurs a liability under subsection (1) or (2) above he shall also be liable for any damage or cost for which he would be liable under that subsection if the references in it to the territory of Bermuda included the territory of any other Liability Convention country.

(6) Where—

(a)

(a) as a result of any occurrence, a liability is incurred under this section by the owner of each of two or more ships, but

(b)

(b) the 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,

each of the owners shall be liable, jointly with the other or others, for the whole of the damage or cost for which the owners together would be liable under this section.

(7) For the purposes of this Chapter—

(a)

(a) references to a discharge or escape of oil from a ship are references to such a discharge or escape wherever it may occur, and whether it is of oil carried in a cargo tank or of oil carried in a bunker fuel tank;

(b)

(b) 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; and

(c)

(c) where a relevant threat of contamination results from a series of occurrences having the same origin, they shall be treated as a single occurrence.

(8) The Law Reform (Liability in Tort) Act 19515shall 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.

SCH-1.154

154. Liability for oil pollution in case of other ships.

(1) Where, as a result of any occurrence, any oil is discharged or escapes from a ship other than a ship to which section 153 applies, then (except as otherwise provided by this Chapter) the owner of the ship shall be liable—

(a)

(a) for any damage caused outside the ship in the territory of Bermuda by contamination resulting from the discharge or escape; and

(b)

(b) for 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 territory of Bermuda by contamination resulting from the discharge or escape; and

(c)

(c) for any damage so caused in the territory of Bermuda by any measures so taken.

(2) Where, as a result of any occurrence, there arises a grave and imminent threat of damage being caused outside a ship other than a ship to which section 153 applies by the contamination which might result if there were a discharge or escape of oil from the ship, then (except as otherwise provided by this Chapter) the owner of the ship shall be liable—

(a)

(a) for the cost of any measures reasonably taken for the purpose of preventing or minimising any such damage in the territory of Bermuda; and

(b)

(b) for any damage caused outside the ship in the territory of Bermuda by any measures so taken;

and in the subsequent provisions of this Chapter any such threat is referred to as a relevant threat of contamination.

(3) Where—

(a)

(a) as a result of any occurrence, a liability is incurred under this section by the owner of each of two or more ships, but

(b)

(b) the 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,

each of the owners shall be liable, jointly with the other or others, for the whole of the damage or cost for which the owners together would be liable under this section.

(4) The Law Reform (Liability in Tort) Act 1951 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 seagoing.

SCH-1.155

155. Exceptions from liability under sections 153 and 154.

No liability shall be incurred by the owner of a ship under section 153 or 154 by reason of any discharge or escape of oil from the ship, or by reason of any relevant threat of contamination, if he proves that the discharge or escape, or (as the case may be) the threat of contamination—

(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; 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.

SCH-1.156

156. Restriction of liability for oil pollution.

(1) Where, as a result of any occurrence—

(a)

(a) any oil is discharged or escapes from a ship (whether one to which section 153 or one to which section 154 applies), or

(b)

(b) there arises a relevant threat of contamination,

then, whether or not the owner of the ship in question incurs a liability under section 153 or 154—

(i)

(i) he shall not be liable otherwise than under that section for any such damage or cost as is mentioned in it, and

(ii)

(ii) no person to whom this paragraph applies shall be liable for any such damage or cost unless it resulted from anything done or omitted to be done by him either with intent to cause any such damage or cost or recklessly and in the knowledge that any such damage or cost would probably result.

(2) Subsection (1)(ii) above applies to—

(a)

(a)...

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