The Merchant Shipping (Oil Pollution) (Supplementary Fund Protocol) Order 2006
| Jurisdiction | UK Non-devolved |
| Citation | SI 2006/1265 |
2006 No. 1265
MERCHANT SHIPPING
The Merchant Shipping (Oil Pollution) (Supplementary Fund Protocol) Order 2006
Made 9th May 2006
Laid before Parliament 19th May 2006
Coming into force in accordance with article 1(2)
At the Court at Buckingham Palace, the 9th day of May 2006
Present,
The Queen’s Most Excellent Majesty in Council
For the purposes of section 1(6) of the Merchant Shipping (Pollution) Act 20061this Order relates only to the Supplementary Fund Protocol.
Accordingly, Her Majesty, in exercise of the powers conferred by subsections (2)(a) and (4) to (6) of section 1 of the Merchant Shipping (Pollution) Act 2006, is pleased, by and with the advice of Her Privy Council, to order, and it is ordered, as follows:
Citation and commencement
1.—(1) This Order may be cited as the Merchant Shipping (Oil Pollution) (Supplementary Fund Protocol) Order 2006.
(2) This Order comes into force on the day on which the Supplementary Fund Protocol enters into force in respect of the United Kingdom.
(3) The date this Order comes into force shall be notified by the Secretary of State in the London, Edinburgh and Belfast Gazettes.
Amendment of the Merchant Shipping Act 1995
2. The Merchant Shipping Act 19952is amended as provided for in articles 3 to 12.
3. In section 172 (meaning of the “Liability Convention”, “the Fund Convention” and related expressions)—
(a) in subsection (1), after paragraph (d) insert—
“(e)
“(e) “the Supplementary Fund Protocol” means the Protocol of 2003 to the Fund Convention3;
(f)
(f) “the Supplementary Fund” means the International Supplementary Fund established by the Supplementary Fund Protocol; and
(g)
(g) “Supplementary Fund Protocol country” means a country in respect of which the Supplementary Fund Protocol is in force.”;
and the word “and” at the end of paragraph (c) is repealed; and
(b) after subsection (2) insert—
“3 Subsection (2) applies in relation to the Supplementary Fund Protocol as it applies in relation to the Fund Convention.”.
4.—(1) Section 173 (contributions by importers of oil and others) is amended as follows.
(2) In subsection (1) after “the Fund” insert “and to the Supplementary Fund”.
(3) In subsection (3)—
(a)
(a) after “payable” insert
“—
(a)
(a) ”; and
(b)
(b) at the end insert
“; and
(b)
(b) to the Supplementary Fund in respect of oil when first received in any installation in the United Kingdom after having been carried by sea and discharged in a port or terminal installation in a country which is not a Supplementary Fund Protocol country.”.
(4) In subsection (7)—
(a)
(a) in paragraph (a), after “determined” insert
“—
(i)
(i) in the case of contributions to the Fund,”;
(b)
(b) at the end of paragraph (a) insert—
“(ii)
“(ii) in the case of contributions to the Supplementary Fund, by the Director of the Supplementary Fund under Article 11 of the Supplementary Fund Protocol and notified to that person by the Supplementary Fund;”; and
(c)
(c) after “Assembly of the Fund” insert “or the Assembly of the Supplementary Fund (as the case may be)”.
5.—(1) Section 174 (power to obtain information) is amended as follows.
(2) In subsection (1), after each reference to “the Fund” insert “or the Supplementary Fund”.
(3) In subsection (4)—
(a)
(a) after the first reference to “the Fund” insert “or the Supplementary Fund”; and
(b)
(b) for the second reference to “the Fund” substitute “either of those Funds”.
6. After section 176 (limitation of Fund’s liability under section 175) insert—
“Liability of the Supplementary Fund
176A.—(1) The Supplementary Fund shall be liable for pollution damage in the territory of the United Kingdom in accordance with the Supplementary Fund Protocol in the circumstances mentioned in paragraph 1 of Article 4 of that Protocol (cases where full compensation cannot be obtained because of the limit imposed by paragraph 4 of Article 4 of the Fund Convention).
The text of paragraph 1 of Article 4 of the Supplementary Fund Protocol is set out in Schedule 5ZA.
(2) Subsection (1) shall apply with the substitution for the words “the United Kingdom” of the words “a Supplementary Fund Protocol country” where—
(a)
(a) the headquarters of the Supplementary Fund is for the time being in the United Kingdom, and proceedings under the Liability Convention or the Fund Convention for compensation for the pollution damage have been brought in a country which is not a Supplementary Fund Protocol country, or
(b)
(b) the incident has caused pollution damage in the territory of the United Kingdom and of another Supplementary Fund Protocol country, and proceedings under the Liability Convention or the Fund Convention for compensation for the pollution damage have been brought in a country which is not a Supplementary Fund Protocol country or in the United Kingdom.
(3) Nothing in this section applies to pollution damage resulting from an incident if—
(a)
(a) in the case of a single occurrence, it took place before the day on which the Supplementary Fund Protocol enters into force as respects the United Kingdom; or
(b)
(b) in the case of a series of occurrences having the same origin, the first of those occurrences took place before that day.
Limitation of the Supplementary Fund’s liability under section 176A
176B.—(1) The Supplementary Fund’s liability under section 176A shall be subject to—
(a)
(a) paragraphs 2 and 3 of Article 4 of the Supplementary Fund Protocol (which impose an overall limit on the liabilities of the Supplementary Fund); and
(b)
(b) paragraphs 2 and 3 of Article 15 of the Supplementary Fund Protocol (which prevent the Supplementary Fund from paying compensation temporarily and permanently where obligations to communicate information to the Director under paragraph 1 of Article 13 and paragraph 1 of Article 15 have not been met).
The text of paragraphs 2 and 3 of Article 4, paragraph 1 of Article 13 and paragraphs 1, 2 and 3 of Article 15 of the Supplementary Fund Protocol is set out in Schedule 5ZA.
(2) For the purpose of giving effect to paragraphs 2 and 3 of Article 4 of the Supplementary Fund Protocol a court giving judgment against the Supplementary Fund in proceedings under section 176A shall notify the Supplementary Fund, and—
(a)
(a) no steps shall be taken to enforce the judgment unless and until the court gives leave to enforce it,
(b)
(b) that leave shall not be given unless and until the Supplementary Fund notifies the court either that the amount of the claim is not to be reduced under those paragraphs, or that it is to be reduced to a specified amount, and
(c)
(c) in the latter case the judgment shall be enforceable only for the reduced amount.
(3) Any steps taken to obtain payment of an amount or a reduced amount in pursuance of such a judgment as is mentioned in subsection (2) shall be steps to obtain payment in sterling; and—
(a)
(a) for the purpose of converting such an amount from special drawing rights into sterling, one special drawing right shall be treated as equal to such a sum in sterling as the International Monetary Fund have fixed as being the equivalent of one special drawing right for—
(i) the relevant date, namely the date referred to in paragraph 2(b) of Article 4 of the Supplementary Fund Protocol, or
(ii) if no sum has been so fixed for the relevant date, the last day before that date for which a sum has been so fixed; and
(b)
(b) a certificate given by or on behalf of the Treasury stating—
(i) that a particular sum...
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