| SCHEDULE 3 |
| Section
6. |
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Extension
of Strict Liability for Oil Pollution by Ships |
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Part I |
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Amendments of the 1971
Act |
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1. After
section 1 of the 1971 Act there shall be
inserted the following section—
"Liability for oil
pollution in case of other ships.
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1A. — (1) Where,
as a result of any occurrence, any
persistent oil is discharged or
escapes from a ship other than a ship
to which section 1 of this Act applies
(that is to say a ship carrying a
cargo of persistent oil in bulk), then
(except as otherwise provided by this
Act) the owner of the ship shall be
liable—
(a) for
any damage caused outside the ship
in the area of the United Kingdom by
contamination resulting from the
discharge or escape; and
(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 area of the United Kingdom by
contamination resulting from the
discharge or escape; and
(c) for
any damage so caused in the area of
the United Kingdom 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 1
of this Act applies by the
contamination which might result if
there were a discharge or escape of
persistent oil from the ship, then
(except as otherwise provided by this
Act) the owner of the ship shall be
liable—
(a) 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; and
(b) for
any damage caused outside the ship
in the area of the United Kingdom by
any measures so taken;
and in the
subsequent provisions of this Act any
such threat is referred to as a
relevant threat of contamination.
(3) Where—
(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) 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 (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.
" |
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2. After
section 2 of the 1971 Act there shall be
inserted the following section—
"Exceptions from
liability under section 1A.
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2A. o
liability shall be incurred by the
owner of a ship under section 1A of
this Act by reason of any discharge or
escape of persistent 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.
" |
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3. After
section 3 of the 1971 Act there shall be
inserted the following section—
"Restriction of
liability for oil pollution.
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3A. — (1) Where,
as a result of any occurrence—
(a) any
persistent oil is discharged or
escapes from a ship to which section
1A of this Act applies, or
(b) there
arises a relevant threat of
contamination,
then, whether or
not the owner of the ship in question
incurs a liability under section 1A of
this Act—
(i) he
shall not be liable otherwise than
under that section for any such
damage or cost as is mentioned in
it, and
(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 by
him 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) of this section applies to—
(a) any
servant or agent of the owner of the
ship;
(b) any
person not falling within paragraph
(a) above but employed or engaged in
any capacity on board the ship or to
perform any service for the ship;
(c) any
charterer of the ship (however
described and including a bareboat
charterer), and any manager or
operator of the ship;
(d) any
person performing salvage operations
with the consent of the owner of the
ship or on the instructions of a
competent public authority;
(e) any
person taking any such measures as
are mentioned in subsection (1)(b)
or (2)(a) of section 1A of this Act;
(f) any
servant or agent of a person falling
within paragraph (c), (d) or (e)
above.
(3) The
liability of the owner of a ship under
section 1A of this Act for any
impairment of the environment shall be
taken to be a liability only in
respect of—
(a) any
resulting loss of profits, and
(b) the
cost of any reasonable measures of
reinstatement actually taken or to
be taken.
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4. In
section 9 (extinguishment of claims), after
the words "section 1" there shall be
inserted the words "or 1A". |
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5. In
section 15 (liability for cost of preventive
measures where section 1 does not apply)—
(a) subsection
(1) shall be omitted; and
(b) in
subsection (2), for the words "this
section" there shall be substituted the
words "section 1A of this Act".
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6. In
section 20(2) (interpretation of references to
the owner of a ship)—
(a) after
the words "in a ship" there shall
be inserted the words ", or from a
relevant threat of contamination," and
(b) at the
end, there shall be inserted the words
"or (as the case may be) in the threat
of contamination".
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Part II |
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Amendments of the
1971 Act as Amended by the 1988 Act |
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1. In
section 1(2) of the 1971 Act (liability
for threat of oil pollution), for the
words "contamination resulting
from" there shall be substituted the
words "the contamination which might
result if there were". |
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2. After
section 1 of the 1971 Act there shall be
inserted the following section—
"Liability for
oil pollution in case of other
ships.
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1A. — (1) Where,
as a result of any occurrence, any
oil is discharged or escapes from
a ship other than a ship to which
section 1 of this Act applies,
then (except as otherwise provided
by this Act) the owner of the ship
shall be liable—
(a) for
any damage caused outside the
ship in the area of the United
Kingdom by contamination
resulting from the discharge or
escape; and
(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 area of the United
Kingdom by contamination
resulting from the discharge or
escape; and
(c) for
any damage so caused in the area
of the United Kingdom 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 1 of this Act
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 Act)
the owner of the ship shall be
liable—
(a) 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; and
(b) for
any damage caused outside the
ship in the area of the United
Kingdom by any measures so
taken;
and in the
subsequent provisions of this Act
any such threat is referred to as
a relevant threat of
contamination.
(3) Where—
(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) 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 (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.
" |
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3. In
section 2 (exceptions from liability),
after the words "section 1"
there shall be inserted the words "or
1A". |
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4. In
section 3 (restriction of liability)—
(a) in
subsection (1)—
(i) for
the words "to which section 1 of
this Act applies" there shall be
substituted the words "(whether
one to which section 1 of this Act
applies or one to which section 1A of
this Act applies)" and
(ii) after
the words "under section 1"
there shall be inserted the words
"or 1A" and
(b) in
subsection (2)(e), after the words
"section 1" there shall be
inserted the words "or 1A".
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5. In
section 9 (extinguishment of claims),
after the words "section 1"
there shall be inserted the words "or
1A". |
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6. In
section 13 (jurisdiction of United Kingdom
courts, etc.)—
(a) in
subsection (2)(b), for the words from
"damage" to the end there
shall be substituted the words
"such damage in the area of the
United Kingdom" and
(b) in
subsection (2A)(b), for the words from
"damage" to the end there
shall be substituted the words
"such damage in the area of another
Convention country".
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7. In
section 15 (liability for cost of
preventive measures where section 1 does
not apply)—
(a) subsections
(1), (1A) and (1B) shall be omitted; and
(b) in
subsection (2), for the words "this
section" there shall be substituted
the words "section 1A of this
Act".
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8. In
section 20(1) (definitions), in the
definition of "ship", after the
word "ship" there shall by
inserted the words "(subject to
section 1A(5))". |
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Part III |
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Modifications
of Parts I and II |
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1. The
section 1A inserted by Part II shall
be substituted for the section 1A
inserted by Part I. |
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2. The
section 2A inserted by Part I shall
cease to have effect. |
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3. The
section 3A inserted by Part I shall
cease to have effect. |
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4. The
reference to section 1A inserted in
section 9 and in section 15 shall be
construed as referring to the section
1A substituted by Part II for the
section 1A inserted by Part I, and the
omission in section 15 of subsection
(1) by Part II shall be treated as
effected by the corresponding omission
by Part I. |