Merchant Shipping Act 1995

• (a) Except as otherwise provided in sub-paragraphs (b) and (c) of this paragraph, the aggregate amount of compensation payable by the Fund under this Article shall in respect of any one incident be limited, so that the total sum of that amount and the amount of compensation actually paid under the Liability Convention for pollution damage within the scope of application of this Convention as defined in Article 3 shall not exceed 203 million units of account.

• (b) Except as otherwise provided in sub-paragraph (c), the aggregate amount of compensation payable by the Fund under this Article for pollution damage resulting from a natural phenomenon of an exceptional, inevitable and irresistible character shall not exceed 203 million units of account.

• (c) The maximum amount of compensation referred to in sub-paragraphs (a) and (c) shall be 300.74 million units of account with respect to any incident occurring during any period when there are three Parties to this Convention in respect of which the combined relevant quantity of contributing oil received by persons in the territories of such Parties, during the preceding calendar year, equalled or exceeded 600 million tons.

• (d) Interest accrued on a fund constituted in accordance with Article V, paragraph 3, of the Liability Convention, if any, shall not be taken into account for the computation of the maximum compensation payable by the Fund under this Article.

• (e) he amounts mentioned in this Article shall be converted into national currency on the basis of the value of that currency by reference to the Special Drawing Right on the date of the decision of the Assembly of the Fund as to the first date of payment of compensation.

5

Where the amount of established claims against the Fund exceeds the aggregate amount of compensation payable under paragraph 4, the amount available shall be distributed in such a manner that the proportion between any established claim and the amount of compensation actually recovered by the claimant under this Convention shall be the same for all claimants.

Part II — Transitory Provision

Article 4 — paragraphs 4, 5 and 6

4

• (a) Except as otherwise provided in sub-paragraph (b) of this paragraph, the aggregate amount of compensation payable by the Fund under this Article shall in respect of any one incident be limited, so that the total sum of that amount and the amount of compensation actually paid under the Liability Convention for pollution damage caused in the territory of the Contracting States, including any sums in respect of which the Fund is under an obligation to indemnify the owner pursuant to Article 5, paragraph 1, of this Convention, shall not exceed 30 million special drawing rights,

• (b) The aggregate amount of compensation payable by the Fund under this Article for pollution damage resulting from a natural phenomenon of an exceptional, inevitable and irresistible character shall not exceed 30 million special drawing rights.

5

Where the amount of established claims against the Fund exceeds the aggregate amount of compensation payable under paragraph 4, the amount available shall be distributed in such manner that the proportion between any established claim and the amount of compensation actually recovered by the claimant under the Liability Convention and this Convention shall be the same for all claimants.

6

The Assembly of the Fund (hereinafter referred to as “the Assembly”) may, having regard to the experience of incidents which have occurred and in particular the amount of damage resulting therefrom and to changes in the monetary values, decide that the amount of 30 million special drawing rights referred to in paragraph 4, subparagraph (a) and (b), shall be changed; provided, however, that this amount shall in no case exceed 60 million special drawing rights or be lower than 30 million special drawing rights. The changed amount shall apply to incidents which occur after the date of the decision effecting the change.

SCHEDULE 6

Part I — Text of Convention

Article 1

Definitions

In this Convention the following expressions have the meaning hereby assigned to them:

1

• (a) “carrier” means a person by or on behalf of whom a contract of carriage has been concluded, whether the carriage is actually performed by him or by a performing carrier;

• (b) “performing carrier” means a person other than the carrier, being the owner, charterer or operator of a ship, who actually performs the whole or a part of the carriage;

2

“contract of carriage” means a contract made by or on behalf of a carrier for the carriage by sea of a passenger or of a passenger and his luggage, as the case may be;

3

“ship” means only a seagoing vessel, excluding an air-cushion vehicle;

4

“passenger” means any person carried in a ship,

• (a) under a contract of carriage, or

• (b) who, with the consent of the carrier, is accompanying a vehicle or live animals which are covered by a contract for the carriage of goods not governed by this Convention;

5

“luggage” means any article or vehicle carried by the carrier under a contract of carriage, excluding:

• (a) articles and vehicles carried under a charter party, bill of lading or other contract primarily concerned with the carriage of goods, and

• (b) live animals;

6

“cabin luggage” means luggage which the passenger has in his cabin or is otherwise in his possession, custody or control. Except for the application of paragraph 8 of this Article and Article 8, cabin luggage includes luggage which the passenger has in or on his vehicle.

7

“loss of or damage to luggage” includes pecuniary loss resulting from the luggage not having been re-delivered to the passenger within a reasonable time after the arrival of the ship on which the luggage has been or should have been carried, but does not include delays resulting from labour disputes;

8

“carriage” covers the following periods:

• (a) with regard to the passenger and his cabin luggage, the period during which the passenger and/or his cabin luggage are on board the ship or in the course of embarkation or disembarkation, and the period during which the passenger and his cabin luggage are transported by water from land to the ship or vice versa, if the cost of such transport is included in the fare or if the vessel used for the purpose of auxiliary transport has been put at the disposal of the passenger by the carrier. However, with regard to the passenger, carriage does not include the period during which he is in a marine terminal or station or on a quay or in or on any other port installation;

• (b) with regard to cabin luggage, also the period during which the passenger is in a marine terminal or station or on a quay or in or on any other port installation if that luggage has been taken over by the carrier or his servant or agent and has not been re-delivered to the passenger;

• (c) with regard to other luggage which is not cabin luggage, the period from the time of its taking over by the carrier or his servant or agent onshore or on board until the time of its re-delivery by the carrier or his servant or agent;

9

“international carriage” means any carriage in which, according to the contract of carriage, the place of departure and the place of destination are situated in two different States, or in a single State if, according to the contract of carriage or the scheduled itinerary, there is an intermediate port of call in another State.

Article 2

Application

1

This Convention shall apply to any international carriage if:

• (a) the ship is flying the flag of or is registered in a State Party to this Convention, or

• (b) the contract of carriage has been made in a State Party to this Convention, or

• (c) the place of departure or destination, according to the contract of carriage, is in a State Party to this Convention.

2

Notwithstanding paragraph 1 of this Article, this Convention shall not apply when the carriage is subject, under any other international convention concerning the carriage of passengers or luggage by another mode of transport, to a civil liability regime under the provisions of such convention, in so far as those provisions have mandatory application to carriage by sea.

Article 3

Liability of the carrier

1

The carrier shall be liable for the damage suffered as a result of the death of or personal injury to a passenger and the loss of or damage to luggage if the incident which caused the damage so suffered occurred in the course of the carriage and was due to the fault or neglect of the carrier or of his servants or agents acting within the scope of their employment.

2

The burden of proving that the incident which caused the loss or damage occurred in the course of the carriage, and the extent of the loss or damage, shall lie with the claimant.

3

Fault or neglect of the carrier or of his servants or agents acting within the scope of their employment shall be presumed, unless the contrary is proved, if the death of or personal injury to the passenger or the loss of or damage to cabin luggage arose from or in connection with the shipwreck, collision, stranding, explosion or fire, or defect in the ship. In respect of loss of or damage to other luggage, such fault or neglect shall be presumed, unless the contrary is proved, irrespective of the nature of the incident which caused the loss or damage. In all other cases the burden of proving fault or neglect shall lie with the claimant.

Article 4

Performing carrier

1

If the performance of the carriage or part thereof has been entrusted to a performing carrier, the carrier shall nevertheless remain liable for the entire carriage according to the provisions of this Convention. In addition, the performing carrier shall be subject and entitled to the provisions of this Convention for the part of the carriage performed by him.

2

The carrier shall, in relation to the carriage performed by the performing carrier, be liable for the acts and omissions of the performing carrier and of his servants and agents acting within the scope of their employment.

3

Any special agreement under which the carrier assumes obligations not imposed by this Convention or any waiver of rights conferred by this Convention shall affect the performing carrier only if agreed by him expressly and in writing.

4

Where and to the extent that both the carrier and the performing carrier are liable, their liability shall be joint and several.

5

Nothing in this Article shall prejudice any right of recourse as between the carrier and the performing carrier.

Article 5

Valuables

The carrier shall not be liable for the loss of or damage to monies, negotiable securities, gold, silverware, jewellery, ornaments, works of art, or other valuables, except where such valuables have been deposited with the carrier for the agreed purpose of safe-keeping in which case the carrier shall be liable up to the limit provided for in paragraph 3 of Article 8 unless a higher limit is agreed upon in accordance with paragraph 1 of Article 10.

Article 6

Contributory fault

If the carrier proves that the death of or personal injury to a passenger or the loss of or damage to his luggage was caused or contributed to by the fault or neglect of the passenger, the court seized of the case may exonerate the carrier wholly or partly from his liability in accordance with the provisions of the law of that court.

Article 7

Limit of liability for personal injury

1

The liability of the carrier for the death of or personal injury to a passenger shall in no case exceed 46,666 units of account per carriage. Where in accordance with the law of the court seized of the case damages are awarded in the form of periodical income payments, the equivalent capital value of those payments shall not exceed the said limit.

2

Notwithstanding paragraph 1 of this Article, the national law of any State Party to this Convention may fix, as far as carriers who are nationals of such State are concerned, a higherper capita limit of liability.

Article 8

Limit of liability for loss of or damage to luggage

1

The liability of the carrier for the loss of or damage to cabin luggage shall in no case exceed 833 units of account per passenger, per carriage.

2

The liability of the carrier for the loss of or damage to vehicles including all luggage carried in or on the vehicle shall in no case exceed 3,333 units of account per vehicle, per carriage.

3

The liability of the carrier for the loss of or damage to luggage other than that mentioned in paragraphs 1 and 2 of this Article shall in no case exceed 1,200 units of account per passenger, per carriage.

4

The carrier and the passenger may agree that the liability of the carrier shall be subject to a deduction not exceeding 117 units of account in the case of damage to a vehicle and not exceeding 13 units of account per passenger in the case of loss of or damage to other luggage, such sum to be deducted from the loss or damage.

Article 9

Unit of account and conversion

The Unit of Account mentioned in this Convention is the special drawing right as defined by the International Monetary Fund. The amounts mentioned in Articles 7 and 8 shall be converted into the national currency of the State of the court seized of the case on the basis of the value of that currency on the date of the judgment or the date agreed upon by the Parties.

Article 10

Supplementary provisions on limits of liability

1

The carrier and the passenger may agree, expressly and in writing, to higher limits of liability than those prescribed in Articles 7 and 8.

2

Interest on damages and legal costs shall not be included in the limits of liability prescribed in Articles 7 and 8.

Article 11

Defences and limits for carriers’ servants

If an action is brought against a servant or agent of the carrier or of the performing carrier arising out of damage covered by this Convention, such servant or agent, if he proves that he acted within the scope of his employment, shall be entitled to avail himself of the defences and limits of liability which the carrier or the performing carrier is entitled to invoke under this Convention.

Article 12

Aggregation of claims

1

Where the limits of liability prescribed in Articles 7 and 8 take effect, they shall apply to the aggregate of the amounts recoverable in all claims arising out of the death of or personal injury to any one passenger or the loss of or damage to his luggage.

2

In relation to the carriage performed by a performing carrier, the aggregate of the amounts recoverable from the carrier and the performing carrier and from their servants and agents acting within the scope of their employment shall not exceed the highest amount which could be awarded against either the carrier or the performing carrier under this Convention, but none of the persons mentioned shall be liable for a sum in excess of the limit applicable to him.

3

In any case where a servant or agent of the carrier or of the performing carrier is entitled under Article 11 of this Convention to avail himself of the limits of liability prescribed in Articles 7 and 8, the aggregate of the amounts recoverable from the carrier, or the performing carrier as the case may be, and from that servant or agent, shall not exceed those limits.

Article 13

Loss of right to limit liability

1

The carrier shall not be entitled to the benefit of the limits of liability prescribed in Articles 7 and 8 and paragraph 1 of Article 10, if it is proved that the damage resulted from an act or omission of the carrier done with the intent to cause such damage, or recklessly and with knowledge that such damage would probably result.

2

The servant or agent of the carrier or of the performing carrier shall not be entitled to the benefit of those limits if it is proved that the damage resulted from an act or omission of that servant or agent done with the intent to cause such damage, or recklessly and with knowledge that such damage would probably result.

Article 14

Basis for claims

No action for damages for the death of or personal injury to a passenger, or for the loss of or damage to luggage, shall be brought against a carrier or performing carrier otherwise than in accordance with this Convention.

Article 15

Notice of loss or damage to luggage

1

The passenger shall give written notice to the carrier or his agent:

• (a) in the case of apparent damage to luggage:

• (i) for cabin luggage, before or at the time of disembarkation of the passenger;

• (ii) for all other luggage, before or at the time of its re-delivery;

• (b) in the case of damage to luggage which is not apparent, or loss of luggage, within 15 days from the date of disembarkation or re-delivery or from the time when such re-delivery should have taken place.

2

If the passenger fails to comply with this Article, he shall be presumed, unless the contrary is proved, to have received the luggage undamaged.

3

The notice in writing need not be given if the condition of the luggage has at the time of its receipt been the subject of joint survey or inspection.

Article 16

Time-bar for actions

1

Any action for damages arising out of the death of or personal injury to a passenger or for the loss of or damage to luggage shall be time-barred after a period of two years.

2

The limitation period shall be calculated as follows:

• (a) in the case of personal injury, from the date of disembarkation of the passenger;

• (b) in the case of death occurring during carriage, from the date when the passenger should have disembarked, and in the case of personal injury occurring during carriage and resulting in the death of the passenger after disembarkation, from the date of death, provided that this period shall not exceed three years from the date of disembarkation;

• (c) in the case of loss of or damage to luggage, from the date of disembarkation or from the date when disembarkation should have taken place, whichever is later.

3

The law of the court seized of the case shall govern the grounds of suspension and interruption of limitation periods, but in no case shall an action under this Convention be brought after the expiration of a period of three years from the date of disembarkation of the passenger or from the date when disembarkation should have taken place, whichever is later.

4

Notwithstanding paragraphs 1, 2 and 3 of this Article, the period of limitation may be extended by a declaration of the carrier or by agreement of the parties after the cause of action has arisen. The declaration or agreement shall be in writing.

Article 17

Competent jurisdiction

1

An action arising under this Convention shall, at the option of the claimant, be brought before one of the courts listed below, provided that the court is located in a State Party to this Convention:

• (a) the court of the place of permanent residence or principal place of business of the defendant, or

• (b) the court of the place of departure or that of the destination according to the contract of carriage, or

• (c) a court of the State of the domicile or permanent residence of the claimant, if the defendant has a place of business and is subject to jurisdiction in that State, or

• (d) a court of the State where the contract of carriage was made, if the defendant has a place of business and is subject to jurisdiction in that State.

2

After the occurrence of the incident which has caused the damage, the parties may agree that the claim for damages shall be submitted to any jurisdiction or to arbitration.

Article 18

Invalidity of contractual provisions

Any contractual provision concluded before the occurrence of the incident which has caused the death of or personal injury to a passenger or the loss of or damage to his luggage, purporting to relieve the carrier of his liability towards the passenger or to prescribe a lower limit of liability than that fixed in this Convention except as provided in paragraph 4 of Article 8, and any such provision purporting to shift the burden of proof which rests on the carrier, or having the effect of restricting the option specified in paragraph 1 of Article 17, shall be null and void, but the nullity of that provision shall not render void the contract of carriage which shall remain subject to the provisions of this Convention.

Article 19

Other conventions on limitation of liability

This Convention shall not modify the rights or duties of the carrier, the performing carrier, and their servants or agents provided for in international conventions relating to the limitation of liability of owners of seagoing ships.

Article 20

Nuclear damage

No liability shall arise under this Convention for damage caused by a nuclear incident:

Article 21

Commercial carriage by public authorities

This Convention shall apply to commercial carriage undertaken by States or Public Authorities under contracts of carriage within the meaning of Article 1.

Part II — Provisions having effect in connection with Convention

Interpretation

1

In this Part of this Schedule any reference to a numbered article is a reference to the article of the Convention which is so numbered and any expression to which a meaning is assigned by article 1 of the Convention has that meaning.

Provisions adapting or supplementing specified articles of the Convention

2

For the purposes of paragraph 2 of article 2, provisions of such an international convention as is mentioned in that paragraph which apart from this paragraph do not have mandatory application to carriage by sea shall be treated as having mandatory application to carriage by sea if it is stated in the contract of carriage for the carriage in question that those provisions are to apply in connection with the carriage.

3

The reference to the law of the court in article 6 shall be construed as a reference to the Law Reform (Contributory Negligence) Act 1945 except that in relation to Northern Ireland it shall be construed as a reference to section 2 of the Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1948.

4

The Secretary of State may by order provide that, in relation to a carrier whose principal place of business is in the United Kingdom, paragraph 1 of article 7 shall have effect with the substitution for the limit for the time being specified in that paragraph of a different limit specified in the order (which shall not be lower than 400,000 units of account).

5

• (1) For the purpose of converting from special drawing rights into sterling the amounts mentioned in articles 7 and 8 of the Convention in respect of which a judgment is given, 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—

• (a) the day on which the judgment is given; or

• (b) if no sum has been so fixed for that day, the last day before that day for which a sum has been so fixed.

• (2) A certificate given by or on behalf of the Treasury stating—

• (a) that a particular sum in sterling has been fixed as mentioned in sub-paragraph (1) above for a particular day; or

• (b) that no sum has been so fixed for that day and a particular sum in sterling has been so fixed for a day which is the last day for which a sum has been so fixed before the particular day,

shall be conclusive evidence of those matters for the purposes of articles 7 to 9 of the Convention; and a document purporting to be such a certificate shall, in any proceedings, be received in evidence and, unless the contrary is proved, be deemed to be such a certificate.

6

It is hereby declared that by virtue of article 12 the limitations on liability there mentioned in respect of a passenger or his luggage apply to the aggregate liabilities of the persons in question in all proceedings for enforcing the liabilities or any of them which may be brought whether in the United Kingdom or elsewhere.

7

Article 16 shall apply to arbitral proceedings as it applies to an action; and, as respects England and Wales and Northern Ireland, the provisions of section 14 of the Arbitration Act 1996 apply to determine for the purposes of that Article when an arbitration is commenced.

8

The court before which proceedings are brought in pursuance of article 17 to enforce a liability which is limited by virtue of article 12 may at any stage of the proceedings make such orders as appear to the court to be just and equitable in view of the provisions of article 12 and of any other proceedings which have been or are likely to be begun in the United Kingdom or elsewhere to enforce the liability in whole or in part; and without prejudice to the generality of the preceding provisions of this paragraph such a court shall, where the liability is or may be partly enforceable in other proceedings in the United Kingdom or elsewhere, have jurisdiction to award an amount less than the court would have awarded if the limitation applied solely to the proceedings before the court or to make any part of its award conditional on the results of any other proceedings.

Other provisions adapting or supplementing the Convention

9

Any reference in the Convention to a contract of carriage excludes a contract of carriage which is not for reward.

10

If Her Majesty by Order in Council declares that any State specified in the Order is a party to the Convention in respect of a particular country the Order shall, subject to the provisions of any subsequent Order made by virtue of this paragraph, be conclusive evidence that the State is a party to the Convention in respect of that country.

11

The Secretary of State may by order make provision—

• (a) for requiring a person who is the carrier in relation to a passenger to give to the passenger, in a manner specified in the order, notice of such of the provisions of Part I of this Schedule as are so specified;

• (b) for a person who fails to comply with a requirement imposed on him by the order to be guilty of an offence and liable on summary conviction to a fine of an amount not exceeding level 4 on the standard scale or not exceeding a lesser amount.

Application of ss. 185 and 186 of this Act

12

It is hereby declared that nothing in the Convention affects the operation of section 185 of this Act (which limits a shipowner’s liability in certain cases of loss of life, injury or damage).

13

Nothing is section 186 of this Act (which among other things limits a shipowner’s liability for the loss or damage of goods in certain cases) shall relieve a person of any liability imposed on him by the Convention.

SCHEDULE 7

Part I — Text of Convention

Chapter I. — The Right of Limitation

Article 1 — Persons entitled to limit liability

1

Shipowners and salvors, as hereinafter defined, may limit their liability in accordance with the rules of this Convention for claims set out in Article 2.

2

The term “shipowner” shall mean the owner, charterer, manager or operator of a seagoing ship.

3

Salvor shall mean any person rendering services in direct connection with salvage operations. Salvage operations shall also include operations referred to in Article 2, paragraph 1(d), (e) and (f).

4

If any claims set out in Article 2 are made against any person for whose act, neglect or default the shipowner or salvor is responsible, such person shall be entitled to avail himself of the limitation of liability provided for in this Convention.

5

In this Convention the liability of a shipowner shall include liability in an action brought against the vessel herself.

6

An insurer of liability for claims subject to limitation in accordance with the rules of this Convention shall be entitled to the benefits of this Convention to the same extent as the assured himself.

7

The act of invoking limitation of liability shall not constitute an admission of liability.

Article 2 — Claims subject to limitation

1

Subject to Articles 3 and 4 the following claims, whatever the basis of liability may be, shall be subject to limitation of liability:

• (a) claims in respect of loss of life or personal injury or loss of or damage to property (including damage to harbour works, basins and waterways and aids to navigation), occurring on board or in direct connection with the operation of the ship or with salvage operations, and consequential loss resulting therefrom;

• (b) claims in respect of loss resulting from delay in the carriage by sea of cargo, passengers or their luggage;

• (c) claims in respect of other loss resulting from infringement of rights other than contractual rights, occurring in direct connection with the operation of the ship or salvage operations;

• (d) claims in respect of the raising, removal, destruction or the rendering harmless of a ship which is sunk, wrecked, stranded or abandoned, including anything that is or has been on board such ship;

• (e) claims in respect of the removal, destruction or the rendering harmless of the cargo of the ship;

• (f) claims of a person other than the person liable in respect of measures taken in order to avert or minimise loss for which the person liable may limit his liability in accordance with this Convention, and further loss caused by such measures.

2

Claims set out in paragraph 1 shall be subject to limitation of liability even if brought by way of recourse or for indemnity under a contract or otherwise. However, claims set out under paragraph 1(d), (e) and (f) shall not be subject to limitation of liability to the extent that they relate to remuneration under a contract with the person liable.

Article 3 — Claims excepted from limitation

The rules of this Convention shall not apply to:

Article 4 — Conduct barring limitation

A person liable shall not be entitled to limit his liability if it is proved that the loss resulted from his personal act or omission, committed with the intent to cause such loss, or recklessly and with knowledge that such loss would probably result.

Article 5 — Counterclaims

Where a person entitled to limitation of liability under the rules of this Convention has a claim against the claimant arising out of the same occurrence, their respective claims shall be set off against each other and the provisions of this Convention shall only apply to the balance, if any.

Chapter II. — Limits of Liability

Article 6 — The general limits

1

The limits of liability for claims other than those mentioned in Article 7, arising on any distinct occasion, shall be calculated as follows:

• (a) in respect of claims for loss of life or personal injury,

• (i) 333,000 Units of Account for a ship with a tonnage not exceeding 500 tons,

• (ii) for a ship with a tonnage in excess thereof, the following amount in addition to that mentioned in (i):

• for each ton from 501 to 3,000 tons, 500 Units of Account;

• for each ton from 3,001 to 30,000 tons, 333 Units of Account;

• for each ton from 30,001 to 70,000 tons, 250 Units of Account, and

• for each ton in excess of 70,000 tons, 167 Units of Account,

• (b) in respect of any other claims,

• (i) 167,000 Units of Account for a ship with a tonnage not exceeding 500 tons,

• (ii) for a ship with a tonnage in excess thereof the following amount in addition to that mentioned in (i):

• for each ton from 501 to 30,000 tons, 167 Units of Account;

• for each ton from 30,001 to 70,000 tons, 125 Units of Account; and

• for each ton in excess of 70,000 tons, 83 Units of Account.

2

Where the amount calculated in accordance with paragraph 1(a) is insufficient to pay the claims mentioned therein in full, the amount calculated in accordance with paragraph 1(b) shall be available for payment of the unpaid balance of claims under paragraph 1(a) and such unpaid balance shall rank rateably with claims mentioned under paragraph 1(b).

4

The limits of liability for any salvor not operating from any ship or for any salvor operating solely on the ship to, or in respect of which he is rendering salvage services, shall be calculated according to a tonnage of 1,500 tons.

Article 7 — The limit for passenger claims

1

In respect of claims arising on any distinct occasion for loss of life or personal injury to passengers of a ship, the limit of liability of the shipowner thereof shall be an amount of 46,666 Units of Account multiplied by the number of passengers which the ship is authorised to carry according to the ship’s certificate, but not exceeding 25 million Units of Account.

2

For the purpose of this Article “claims for loss of life or personal injury to passengers of a ship” shall mean any such claims brought by or on behalf of any person carried in that ship:

• (a) under a contract of passenger carriage, or

• (b) who, with the consent of the carrier, is accompanying a vehicle or live animals which are covered by a contract for the carriage of goods.

Article 8 — Unit of Account

The Unit of Account referred to in Articles 6 and 7 is the special drawing right as defined by the International Monetary Fund. The amounts mentioned in Articles 6 and 7 shall be converted into the national currency of the State in which limitation is sought, according to the value of that currency at the date the limitation fund shall have been constituted, payment is made, or security is given which under the law of that State is equivalent to such payment.

Article 9 — Aggregation of claims

1

The limits of liability determined in accordance with Article 6 shall apply to the aggregate of all claims which arise on any distinct occasion:

• (a) against the person or persons mentioned in paragraph 2 of Article 1 and any person for whose act, neglect or default he or they are responsible; or

• (b) against the shipowner of a ship rendering salvage services from that ship and the salvor or salvors operating from such ship and any person for whose act, neglect or default he or they are responsible; or

• (c) against the salvor or salvors who are not operating from a ship or who are operating solely on the ship to, or in respect of which, the salvage services are rendered and any person for whose act, neglect or default he or they are responsible.

2

The limits of liability determined in accordance with Article 7 shall apply to the aggregate of all claims subject thereto which may arise on any distinct occasion against the person or persons mentioned in paragraph 2 of Article 1 in respect of the ship referred to in Article 7 and any person for whose act, neglect or default he or they are responsible.

Article 10 — Limitation of liability without constitution of a limitation fund

1

Limitation of liability may be invoked notwithstanding that a limitation fund as mentioned in Article 11 has not been constituted.

2

If limitation of liability is invoked without the constitution of a limitation fund, the provisions of Article 12 shall apply correspondingly.

3

Questions of procedure arising under the rules of this Article shall be decided in accordance with the national law of the State Party in which action is brought.

Chapter III. — The Limitation Fund

Article 11 — Constitution of the Fund

1

Any person alleged to be liable may constitute a fund with the Court or other competent authority in any State Party in which legal proceedings are instituted in respect of claims subject to limitation. The fund shall be constituted in the sum of such of the amounts set out in Articles 6 and 7 as are applicable to claims for which that person may be liable, together with interest thereon from the date of the occurrence giving rise to the liability until the date of the constitution of the fund. Any fund thus constituted shall be available only for the payment of claims in respect of which limitation of liability can be invoked.

2

A fund may be constituted, either by depositing the sum, or by producing a guarantee acceptable under the legislation of the State Party where the fund is constituted and considered to be adequate by the Court or other competent authority.

3

A fund constituted by one of the persons mentioned in paragraph 1(a), (b) or (c) or paragraph 2 of Article 9 or his insurer shall be deemed constituted by all persons mentioned in paragraph 1(a), (b) or (c) or paragraph 2, respectively.

Article 12 — Distribution of the fund

1

Subject to the provisions of paragraphs 1 and 2 of Article 6 and of Article 7, the fund shall be distributed among the claimants in proportion to their established claims against the fund.

2

If, before the fund is distributed, the person liable, or his insurer, has settled a claim against the fund such person shall, up to the amount he has paid, acquire by subrogation the rights which the person so compensated would have enjoyed under this Convention.

3

The right of subrogation provided for in paragraph 2 may also be exercised by persons other than those therein mentioned in respect of any amount of compensation which they may have paid, but only to the extent that such subrogation is permitted under the applicable national law.

4

Where the person liable or any other person establishes that he may be compelled to pay, at a later date, in whole or in part any such amount of compensation with regard to which such person would have enjoyed a right of subrogation pursuant to paragraphs 2 and 3 had the compensation been paid before the fund was distributed, the Court or other competent authority of the State where the fund has been constituted may order that a sufficient sum shall be provisionally set aside to enable such person at such later date to enforce his claim against the fund.

Article 13 — Bar to other actions

1

Where a limitation fund has been constituted in accordance with Article 11, any person having made a claim against the fund shall be barred from exercising any right in respect of such a claim against any other assets of a person by or on behalf of whom the fund has been constituted.

2

After a limitation fund has been constituted in accordance with Article 11, any ship or other property, belonging to a person on behalf of whom the fund has been constituted, which has been arrested or attached within the jurisdiction of a State Party for a claim which may be raised against the fund, or any security given, may be released by order of the Court or other competent authority of such State. However, such release shall always be ordered if the limitation fund has been constituted:

• (a) at the port where the occurrence took place, or, if it took place out of port, at the first port of call thereafter; or

• (b) at the port of disembarkation in respect of claims for loss of life or personal injury; or

• (c) at the port of discharge in respect of damage to cargo; or

• (d) in the State where the arrest is made.

3

The rules of paragraphs 1 and 2 shall apply only if the claimant may bring a claim against the limitation fund before the Court administering that fund and the fund is actually available and freely transferable in respect of that claim.

Article 14 — Governing law

Subject to the provisions of this Chapter the rules relating to the constitution and distribution of a limitation fund, and all rules of procedure in connection therewith, shall be governed by the law of the State Party in which the fund is constituted.

Chapter IV. — Scope of Application

Article 15

This Convention shall apply whenever any person referred to in Article 1 seeks to limit his liability before the Court of a State Party or seeks to procure the release of a ship or other property or the discharge of any security given within the jurisdiction of any such State.

Part II — Provisions having effect in connection with Convention

Interpretation

1

In this Part of this Schedule any reference to a numbered article is a reference to the article of the Convention which is so numbered.

Right to limit liability

2

Subject to paragraph 6 below,the right to limit liability under the Convention shall apply in relation to any ship whether seagoing or not, and the definition of “shipowner” in paragraph 2 of article 1 shall be construed accordingly.

Claims subject to limitation

3

• (1) Paragraph 1(d) of article 2 shall not apply unless provision has been made by an order of the Secretary of State for the setting up and management of a fund to be used for the making to harbour or conservancy authorities of payments needed to compensate them for the reduction, in consequence of the said paragraph 1(d), of amounts recoverable by them in claims of the kind there mentioned, and to be maintained by contributions from such authorities raised and collected by them in respect of vessels in like manner as other sums so raised by them.

• (2) Any order under sub-paragraph (1) above may contain such incidental and supplemental provisions as appear to the Secretary of State to be necessary or expedient.

Claims excluded from limitation

4

• (1) Claims for Damages within the meaning of the international Convention on Liability and compensation for Damage in connection with the carraiage of Hazardous and Noxious Subsatances by Sea 1996(b), or any amendment of or Protocal to the Convention, which arise from occurences which take place after the coming into force of the first Order in Council made by Her Majesty under section 182B of this Act shall by excluded from the convention..

• (2) The claims excluded from the Convention by paragraph (b) of article 3 are claims in respect of any liability incurred under section 153 of this Act.

• (3) The claims excluded from the Convention by paragraph (c) of article 3 are claims made by virtue of any of sections 7 to 11 of the Nuclear Installations Act 1965.

The general limits

5

• (1) In the application of article 6 to a ship with a tonnage less than 300 tons that article shall have effect as if—

• (a) paragraph 1(a)(i) referred to 1,000,000 Units of Account; and

• (b) paragraph 1(b)(i) referred to 500,000 Units of Account.

• (2) For the purposes of article 6 and this paragraph a ship’s tonnage shall be its gross tonnage calculated in such manner as may be prescribed by an order made by the Secretary of State.

• (3) Any order under this paragraph shall, so far as appears to the Secretary of State to be practicable, give effect to the regulations in Annex I of the International Convention on Tonnage Measurement of Ships 1969.

Limit for passenger claims

6

• (1) Article 7 shall not apply in respect of any sea going ship and shall have effect in respect of any ship which is not as if in paragraph 1 of that article.

• (a) after “thereof” there were inserted “in respect of each passenger,”;

• (b) the words from “multiplied” onwards were omitted.

• (2) In paragraph 2 of article 7 the reference to claims brought on behalf of a person includes a reference to any claim in respect of the death of a person under the Fatal Accidents Act 1976, the Fatal Accidents (Northern Ireland) Order 1977 or the Damages (Scotland) Act 2011.

Units of Account

7

• (1) For the purpose of converting the amounts mentioned in articles 6 and 7 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—

• (a) the relevant date under paragraph 1 of article 8; or

• (b) if no sum has been so fixed for that date, the last preceding date for which a sum has been so fixed.

• (2) A certificate given by or on behalf of the Treasury stating—

• (a) that a particular sum in sterling has been fixed as mentioned in sub-paragraph (1) above for a particular date; or

• (b) that no sum has been so fixed for that date and that a particular sum in sterling has been so fixed for a date which is the last preceding date for which a sum has been so fixed,

shall be conclusive evidence of those matters for the purposes of those articles; and a document purporting to be such a certificate shall, in any proceedings, be received in evidence and, unless the contrary is proved, be deemed to be such a certificate.

Constitution of fund

8

• (1) The Secretary of State may, with the concurrence of the Treasury, by order prescribe the rate of interest to be applied for the purposes of paragraph 1 of article 11.

• (2) Any statutory instrument containing an order under sub-paragraph (1) above shall be laid before Parliament after being made.

• (3) Where a fund is constituted with the court in accordance with article 11 for the payment of claims arising out of any occurrence, the court may stay any proceedings relating to any claim arising out of that occurrence which are pending against the person by whom the fund has been constituted.

Distribution of fund

9

No lien or other right in respect of any ship or property shall affect the proportions in which under article 12 the fund is distributed among several claimants.

Bar to other actions

10

Where the release of a ship or other property is ordered under paragraph 2 of article 13 the person on whose application it is ordered to be released shall be deemed to have submitted to (or, in Scotland, prorogated) the jurisdiction of the court to adjudicate on the claim for which the ship or property was arrested or attached.

Meaning of “court”

11

References in the Convention and the preceding provisions of this Part of this Schedule to the court are references to the High Court or, in relation to Scotland, the Court of Session.

Meaning of “ship”

12

References in the Convention and in the preceding provisions of this Part of this Schedule to a ship include references to any structure (whether completed or in course of completion) launched and intended for use in navigation as a ship or part of a ship.

Meaning of “State Party”

13

An Order in Council made for the purposes of this paragraph and declaring that any State specified in the Order is a party to the Convention as amended by the 1996 Protocol shall, subject to the provisions of any subsequent Order made for those purposes, be conclusive evidence that the State is a party to the Convention as amended by the 1996 Protocol.

SCHEDULE 8

1

• (1) The Commissioners of Northern Lighthouses shall continue to exist under that name as a body corporate constituted as follows.

• (2) The following persons holding the following offices constitute the Commissioners of Northern Lighthouses, that is to say—

• (a) the Lord Advocate and the Solicitor-General for Scotland;

• (b) the lords provosts of Edinburgh, Glasgow and Aberdeen, and the conveners of the councils for Highland and Argyll and Bute;

• (c) the sheriffs principal of all the sheriffdoms in Scotland;

• (d) a person nominated by the Lieutenant Governor of the Isle of Man and appointed by the Secretary of State;

• (e) any person elected under paragraph 2 below;

• (f) a person appointed by the Secretary of State (in addition to the person nominated under paragraph (d));

• (g) a person appointed by the Scottish Ministers.

2

• (1) The Commissioners may elect, as members of their body, the convener of any council whose area includes any part of the coasts of Scotland.

• (2) The Commissioners may elect, as members of their body, not more than three other persons; but a person shall not be elected in pursuance of this sub-paragraph unless either he appears to the Commissioners to have special knowledge and experience of nautical matters or three persons who so appear are members of that body.

3

A person appointed by the Secretary of State under paragraph 1(2)(d) above, or a person appointed by the Commissioners under paragraph 2(2) above, shall hold office for three years, but shall be eligible for re-appointment.

4

• (1) Any five of the Commissioners shall constitute a quorum.

• (2) The Commissioners constituting a quorum shall have power to do all such matters and things as might be done by the whole body.

5

In this Schedule “council” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

SCHEDULE 9

1

• (1) Before such date as may be specified in a direction given by the Secretary of State to each of the general lighthouse authorities, each of those authorities shall submit to the Secretary of State proposals in writing for the transfer under this Schedule to the appropriate harbour authorities of such of the lighthouses, buoys and beacons held by the general lighthouse authority concerned as—

• (a) are situated in the area of any harbour authority or on land adjacent to the area, or any part of the area, of such an authority; and

• (b) appear to the general lighthouse authority concerned to be of benefit solely or mainly to ships within, or entering or leaving, that harbour authority’s area.

• (2) For the purposes of this Schedule, a harbour authority are the appropriate harbour authority in relation to any such lighthouse, buoy or beacon if the lighthouse, buoy or beacon is situated in that authority’s area or on land adjacent to that area or any part of it.

2

• (1) The proposals submitted by each general lighthouse authority shall—

• (a) specify the lighthouses, buoys and beacons which the authority consider are required by paragraph 1 above to be covered by the proposals;

• (b) specify in relation to each lighthouse, buoy or beacon specified in the proposals the harbour authority who are the appropriate harbour authority in relation to it; and

• (c) specify in relation to each harbour authority so specified any property of the general lighthouse authority which has been used up to the date of the proposals exclusively in connection with the exercise by that authority of their functions in relation to lighthouses, buoys or beacons so specified which are situated in that harbour authority’s area or on land adjacent to that area or any part of it.

• (2) The proposals may specify in relation to any harbour authority so specified any property of the general lighthouse authority—

• (a) which has been used up to the date of the proposals substantially but not exclusively as mentioned in sub-paragraph (1)(c) above; and

• (b) which the general lighthouse authority consider it would be appropriate to transfer to that harbour authority.

3

Before submitting any proposals under paragraph 1 above a general lighthouse authority shall consult each harbour authority specified in the proposals.

4

• (1) The Secretary of State may make such modifications of any proposals submitted to him in accordance with the foregoing provisions of this Schedule as he thinks fit after consulting the general lighthouse authority who submitted the proposals; and if he does so, references in paragraph 5 below to any proposals under this Schedule are references to the proposals as modified.

• (2) Before deciding whether to make any such modifications—

• (a) affecting any harbour authority specified in the proposals; or

• (b) by virtue of which provision would be included in the proposals for the transfer to a harbour authority under this Schedule of any lighthouse, buoy or beacon;

the Secretary of State shall consult the harbour authority concerned.

5

On such day as the Secretary of State may by order appoint as the transfer date for the purposes of this Schedule—

• (a) all lighthouses, buoys and beacons specified in any proposals under this Schedule; and

• (b) any other property of a general lighthouse authority so specified;

shall be transferred and vest in accordance with the proposals.

SCHEDULE 10

The modifications to which section 31 of the Harbours Act 1964 is subject in its application in relation to local light dues by virtue of section 210 are as follows—

SCHEDULE 11

Part I — Text of Convention

Chapter I — General Provisions

Article 1 — Definitions

For the purpose of this Convention—

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 offshore 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—

Article 1

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 co-operate 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 — Co-operation

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 co-operation 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.

Article 2

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 useful result.

3

This chapter shall apply, notwithstanding that the salved vessel and the vessel undertaking the salvage operations belong to the same owner.

Article 13 — Criteria for fixing the reward

1

The reward shall be fixed with a view to encouraging salvage operations, taking into account the following criteria without regard to the order in which they are presented below—

• (a) the salved value of the vessel and other property;

• (b) the skill and efforts of the salvors in preventing or minimising damage to the environment;

• (c) the measure of success obtained by the salvor;

• (d) the nature and degree of the danger;

• (e) the skill and efforts of the salvors in salving the vessel, other property and life;

• (f) the time used and expenses and losses incurred by the salvors;

• (g) the risk of liability and other risks run by the salvors or their equipment;

• (h) the promptness of the services rendered;

• (i) the availability and use of vessels or other equipment intended for salvage operations;

• (j) the state of readiness and efficiency of the salvor’s equipment and the value thereof.

2

Payment of a reward fixed according to paragraph 1 shall be made by all of the vessel and other property interests in proportion to their respective salved values. However, a State Party may in its national law provide that the payment of a reward has to be made by one of these interests, subject to a right of recourse of this interest against the other interests for their respective shares. Nothing in this article shall prevent any right of defence.

3

The rewards, exclusive of any interest and recoverable legal costs that may be payable thereon, shall not exceed the salved value of the vessel and other property.

Article 14 — Special compensation

1

If the salvor has carried out salvage operations in respect of a vessel which by itself or its cargo threatened damage to the environment and has failed to earn a reward under article 13 at least equivalent to the special compensation assessable in accordance with this article, he shall be entitled to special compensation from the owner of that vessel equivalent to his expenses as herein defined.

2

If, in the circumstances set out in paragraph 1, the salvor by his salvage operations has prevented or minimised damage to the environment, the special compensation payable by the owner to the salvor under paragraph 1 may be increased up to a maximum of 30 per cent. of the expenses incurred by the salvor. However, the tribunal, if it deems it fair and just to do so and bearing in mind the relevant criteria set out in article 13, paragraph 1, may increase such special compensation further, but in no event shall the total increase be more than 100 per cent. of the expenses incurred by the salvor.

3

Salvor’s expenses for the purpose of paragraphs 1 and 2 means the out-of-pocket expenses reasonably incurred by the salvor in the salvage operation and a fair rate for equipment and personnel actually and reasonably used in the salvage operation, taking into consideration the criteria set out in article 13, paragraph 1(h), (i) and (j).

4

The total special compensation under this article shall be paid only if and to the extent that such compensation is greater than any reward recoverable by the salvor under article 13.

5

If the salvor has been negligent and has thereby failed to prevent or minimise damage to the environment, he may be deprived of the whole or part of any special compensation due under this article.

6

Nothing in this article shall affect any right of recourse on the part of the owner of the vessel.

Article 15 — Apportionment between salvors

1

The apportionment of a reward under article 13 between salvors shall be made on the basis of the criteria contained in that article.

2

The apportionment between the owner, master and other persons in the service of each salving vessel shall be determined by the law of the flag of that vessel. If the salvage has not been carried out from a vessel, the apportionment shall be determined by the law governing the contract between the salvor and his servants.

Article 16 — Salvage of persons

1

No remuneration is due from persons whose lives are saved, but nothing in this article shall affect the provisions of national law on this subject.

2

A salvor of human life, who has taken part in the services rendered on the occasion of the accident giving rise to salvage, is entitled to a fair share of the payment awarded to the salvor for salving the vessel or other property or preventing or minimising damage to the environment.

Article 17 — Services rendered under existing contracts

No payment is due under the provisions of this Convention unless the services rendered exceed what can be reasonably considered as due performance of a contract entered into before the danger arose.

Article 18 — The effect of salvor’s misconduct

A salvor may be deprived of the whole or part of the payment due under this Convention to the extent that the salvage operations have become necessary or more difficult because of fault or neglect on his part or if the salvor has been guilty of fraud or other dishonest conduct.

Article 19 — Prohibition of salvage operations

Services rendered notwithstanding the express and reasonable prohibition of the owner or master of the vessel or the owner of any other property in danger which is not and has not been on board the vessel shall not give rise to payment under this Convention.

Article 3

Article 20 — Maritime lien

1

Nothing in this Convention shall affect the salvor’s maritime lien under any international convention or national law.

2

The salvor may not enforce his maritime lien when satisfactory security for his claim, including interest and costs, has been duly tendered or provided.

Article 21 — Duty to provide security

1

Upon the request of the salvor a person liable for a payment due under this Convention shall provide satisfactory security for the claim, including interest and costs of the salvor.

2

Without prejudice to paragraph 1, the owner of the salved vessel shall use his best endeavours to ensure that the owners of the cargo provide satisfactory security for the claims against them including interest and costs before the cargo is released.

3

The salved vessel and other property shall not, without the consent of the salvor, be removed from the port or place at which they first arrive after the completion of the salvage operations until satisfactory security has been put up for the salvor’s claim against the relevant vessel or property.

Article 22 — Interim payment

1

The tribunal having jurisdiction over the claim of the salvor may, by interim decision, order that the salvor shall be paid on account such amount as seems fair and just, and on such terms including terms as to security where appropriate, as may be fair and just according to the circumstances of the case.

2

In the event of an interim payment under this article the security provided under article 21 shall be reduced accordingly.

Article 23 — Limitation of actions

1

Any action relating to payment under this Convention shall be time-barred if judicial or arbitral proceedings have not been instituted within a period of two years. The limitation period commences on the day on which the salvage operations are terminated.

2

The person against whom a claim is made may at any time during the running of the limitation period extend that period by a declaration to the claimant. This period may in the like manner be further extended.

3

An action for indemnity by a person liable may be instituted even after the expiration of the limitation period provided for in the preceding paragraphs, if brought within the time allowed by the law of the State where proceedings are instituted.

Article 24 — Interest

The right of the salvor to interest on any payment due under this Convention shall be determined according to the law of the State in which the tribunal seized of the case is situated.

Article 25 — State-owned cargoes

Unless the State owner consents, no provision of this Convention shall be used as a basis for the seizure, arrest or detention by any legal process of, nor for any proceedings in rem against, non-commercial cargoes owned by a State and entitled, at the time of the salvage operations, to sovereign immunity under generally recognised principles of international law.

Article 26 — Humanitarian cargoes

No provision of this Convention shall be used as a basis for the seizure, arrest or detention of humanitarian cargoes donated by a State, if such State has agreed to pay for salvage services rendered in respect of such humanitarian cargoes.

Article 27 — Publication of arbitral awards

States Parties shall encourage, as far as possible and with the consent of the parties, the publication of arbitral awards made in salvage cases.

Part II — Provisions having effect in connection with Convention

Interpretation

1

In this Part of this Schedule “the Convention” means the Convention as set out in Part I of this Schedule and any reference to a numbered article is a reference to the article of the Convention which is so numbered.

Claims excluded from Convention

2

• (1) The provisions of the Convention do not apply—

• (a) to a salvage operation which takes place in inland waters of the United Kingdom and in which all the vessels involved are of inland navigation; and

• (b) to a salvage operation which takes place in inland waters of the United Kingdom and in which no vessel is involved.

• (2) In this paragraph “inland waters” does not include any waters within the ebb and flow of the tide at ordinary spring tides or the waters of any dock which is directly or (by means of one or more other docks) indirectly, connected with such waters.

Assistance to persons in danger at sea

3

• (1) The master of a vessel who fails to comply with the duty imposed on him by article 10, paragraph 1 commits an offence and shall be liable—

• (a) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both;

• (b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both.

• (2) Compliance by the master of a vessel with that duty shall not affect his right or the right of any other person to a payment under the Convention or under any contract.

The reward and special compensation: the common understanding

4

In fixing a reward under article 13 and assessing special compensation under article 14 the court or arbitrator (or, in Scotland, arbiter) is under no duty to fix a reward under article 13 up to the maximum salved value of the vessel and other property before assessing the special compensation to be paid under article 14.

Recourse for life salvage payment

5

• (1) This paragraph applies where—

• (a) services are rendered wholly or in part in United Kingdom waters in saving life from a vessel of any nationality or elsewhere in saving life from any United Kingdom ship; and

• (b) either—

• (i) the vessel and other property are destroyed, or

• (ii) the sum to which the salvor is entitled under article 16, paragraph 2 is less than a reasonable amount for the services rendered in saving life.

• (2) Where this paragraph applies, the Secretary of State may, if he thinks fit, pay to the salvor such sum or, as the case may be, such additional sum as he thinks fit in respect of the services rendered in saving life.

Meaning of “judicial proceedings”

6

References in the Convention to judicial proceedings are references to proceedings—

• (a) in England and Wales, in the High Court or the county court;

• (b) in Scotland, in the Court of Session or in the sheriff court;

• (c) in Northern Ireland, in the High Court;

and any reference to the tribunal having jurisdiction (so far as it refers to judicial proceedings) shall be construed accordingly.

Meaning of “State Party”

7

• (1) An Order in Council made for the purposes of this paragraph and declaring that any State specified in the Order is a party to the Convention in respect of a specified country shall, subject to the provisions of any subsequent Order made for those purposes, be conclusive evidence that the State is a party to the Convention in respect of that country.

• (2) In this paragraph “country” includes “territory”.

SCHEDULE 12

SCHEDULE 13

General Pier and Harbour Act 1861 Amendment Act 1862 (c. 19)

1

In section 21 of the General Pier and Harbour Act 1861 Amendment Act 1862, for “Merchant Shipping Act 1854” substitute “ Merchant Shipping Act 1995 ”.

Sea Fisheries Act 1868 (c. 45)

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Lloyd’s Act 1871 (c. xxi)

3

In section 41 of the Lloyd’s Act 1871, for “Merchant Shipping Act 1854”, in both places where it occurs, substitute “ Merchant Shipping Act 1995 ”.

Slave Trade Act 1873 (c. 88)

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Explosives Act 1875 (c. 17)

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Explosive Substances Act 1883 (c. 3)

6

In section 8(2) of the Explosive Substances Act 1883, for “Merchant Shipping Act 1873” substitute “ safety regulations under section 85 of the Merchant Shipping Act 1995 ”

Submarine Telegraph Act 1885 (c. 49)

7

In the Submarine Telegraph Act 1885—

• (a) in section 5(1), for the words from the beginning to “collisions” substitute “ Safety regulations under section 85 of the Merchant Shipping Act 1995 ”; and

• (b) in section 7, for “Part X of the Merchant Shipping Act 1854 (which relates to legal procedure), and the enactments amending the same, so far as unrepealed,” substitute “ Part XII of the Merchant Shipping Act 1995 (legal proceedings) ”.

Foreign Jurisdiction Act 1890 (c. 37)

8

In Schedule 1 to the Foreign Jurisdiction Act 1890, at the end insert—

1995 c. 21.	Merchant Shipping Act 1995.	Chapter II of Part VI.

Fisheries Act 1891 (c. 37)

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Commissioners for Oaths Act 1891 (c. 50)

10

In section 1 of the Commissioners for Oaths Act 1891, for “Merchant Shipping Acts 1854 to 1889” substitute “ Merchant Shipping Act 1995 ”.

Seal Fisheries (North Pacific) Act 1895 (c. 21)

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Seal Fisheries (North Pacific) Act 1912 (c. 10)

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Trustee Act 1925 (c. 19)

13

In section 51(6) of the Trustee Act 1925, for “Acts relating to merchant shipping” substitute “ Merchant Shipping Act 1995 ”.

Whaling Industry (Regulations) Act 1934 (c. 49)

14

In section 17(1) of the Whaling Industry (Regulations) Act 1934, in the definition of “ship”, for “Merchant Shipping Act 1894” substitute “ Merchant Shipping Act 1995 ”.

Public Health Act 1936 (c. 49)

15

In section 343(1) of the Public Health Act 1936, in the definition of “vessel”, for “in the Merchant Shipping Act 1894” substitute “ ship ” in the Merchant Shipping Act 1995.

Public Health (Drainage of Trade Premises) Act 1937 (c. 40)

16

In section 14 of the Public Health (Drainage of Trade Premises) Act 1937, for “section seven hundred and forty-two of the Merchant Shipping Act 1894” substitute “ the Merchant Shipping Act 1995 ”.

Superannuation (Various Services) Act 1938 (c. 13)

17

In Part I of the Schedule to the Superannuation (Various Services) Act 1938, for “Merchant Shipping (Mercantile Marine Fund) Act 1898, section 1A, as inserted by section 17 of the Superannuation Act 1972” substitute “ Merchant Shipping Act 1995, section 214 ”.

Compensation (Defence) Act 1939 (c. 75)

18

In section 17(1) of the Compensation (Defence) Act 1939, in the definitions of “ship” and “vessel”, for “have respectively the same meaning as in the Merchant Shipping Act 1894” substitute “ have the same meaning as “ship” in the Merchant Shipping Act 1995 ”.

Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939 (c. 83)

19

In the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939—

• (a) in section 4(4), in the definition of “lightship”, for “Merchant Shipping Act 1894” substitute “ Merchant Shipping Act 1995 ”; and

• (b) in section 10, in the definition of “ship”, for “Merchant Shipping Act 1894” substitute “ Merchant Shipping Act 1995 ”.

Public Health (Scotland) Act 1945 (c. 15)

20

In section 1(8) of the Public Health (Scotland) Act 1945, in the definition of “vessel”, for “in the Merchant Shipping Act 1894” substitute “ ship ” in the Merchant Shipping Act 1995.

Crown Proceedings Act 1947 (c. 44)

21

In section 38(2) of the Crown Proceedings Act 1947—

• (a) in the definition of “His Majesty’s ships”, for “Merchant Shipping Acts 1894 to 1940” substitute “ Merchant Shipping Act 1995 ”; and

• (b) in the definition of “ship”, for “meaning assigned to it by section seven hundred and forty-two of the Merchant Shipping Act 1894” substitute “ the same meaning as in the Merchant Shipping Act 1995 ”.

British Nationality Act 1948 (c. 56)

22

In section 3(1) of the British Nationality Act 1948, for “Merchant Shipping Acts 1894 to 1948” substitute “ Merchant Shipping Act 1995 ”.

Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1948 (c. 23 (N.I.))

23

In section 4(2) of the Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1948, for “section one of the Maritime Conventions Act, 1911,” substitute “ section 187 of the Merchant Shipping Act 1995 ”.

Wireless Telegraphy Act 1949 (c. 54)

24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Coast Protection Act 1949 (c. 74)

25

In section 49(1) of the Coast Protection Act 1949, in the definitions of “conservancy authority” and “harbour authority”, for “Merchant Shipping Act 1894” substitute “ Merchant Shipping Act 1995 ”.

Registered Designs Act 1949 (c. 88)

26

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rivers (Prevention of Pollution) (Scotland) Act 1951 (c. 66)

27

In section 29(4) of the Rivers (Prevention of Pollution) (Scotland) Act 1951 for “Merchant Shipping Act 1894” substitute “ Merchant Shipping Act 1995 ”.

Post Office Act 1953 (c. 36)

28

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Administration of Justice Act 1956 (c. 46)

29

• (1) The Administration of the Justice Act 1956 shall be amended as follows.

• (2) In section 47—

• (a) in subsection (2)(n), the words from “(including” to “way of wages)” shall cease to have effect; and

• (b) in subsection (8)(a) for “section 1 of the Merchant Shipping Salvage and Pollution Act 1994” substitute “ section 224 of the Merchant Shipping Act 1995 ”.

• (3) In section 48(f)—

• (a) in the definition of “collision regulations”, for the words from “regulations” to the end substitute “ safety regulations under section 85 of the Merchant Shipping Act 1995 ”; and

• (b) in the definition of “master”, for “Merchant Shipping Act 1894” substitute “ Merchant Shipping Act 1995 ”.

• (4) In Part I of Schedule 1—

• (a) in paragraph 1—

• (i) in sub-paragraph (l)(o), for “Merchant Shipping Acts 1894 to 1954” substitute “ Merchant Shipping Act 1995 ”; and

• (ii) in sub-paragraph (4), for “Merchant Shipping Acts 1894 to 1954” substitute “ Merchant Shipping Act 1995 ”.

• (b) in paragraph 7(1), for “five hundred and fifty-two of the Merchant Shipping Act 1894” substitute “ 226 of the Merchant Shipping Act 1995 ”; and

• (c) in paragraph 8(1)—

• (i) in the definition of “collision regulations”, for the words from “section 21” to the end substitute “ section 85 of the Merchant Shipping Act 1995 ”; and

• (ii) in the definition of “master”, for “Merchant Shipping Act 1894” substitute “ Merchant Shipping Act 1995 ”.

Trustee Act (Northern Ireland) 1958 (c. 23 (N.I.))

30

In section 51(7) of the Trustee Act (Northern Ireland) 1958, for “Acts relating to merchant shipping” substitute “ Merchant Shipping Act 1995 ”.

Factories Act 1961 (c. 34)

31

In section 176(1) of the Factories Act 1961, for the definitions of “ship”, “vessel” and “harbour” substitute “ “ship” and “vessel” have the same meaning as “ship” in the Merchant Shipping Act 1995, and “harbour” has the same meaning as in the Merchant Shipping Act 1995; ”.

Pipe-Lines Act 1962 (c. 58)

32

In section 39(4) of the Pipe-Lines Act 1962, for “section 8 of the Prevention of Oil Pollution Act 1971” substitute “ section 151 of the Merchant Shipping Act 1995 ”.

Harbours Act 1964 (c. 40)

33

In section 57(1) of the Harbours Act 1964—

• (a) in the definition of “harbour”, for “meaning assigned to it by section 742 of the Merchant Shipping Act 1894” substitute “ same meaning as in the Merchant Shipping Act 1995 ”; and

• (b) in the definition of “lighthouse”, for “meaning assigned to it by section 742 of the Merchant Shipping Act 1894” substitute “ same meaning as in the Merchant Shipping Act 1995 ”.

Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965 (c. 19 (N.I.))

34

In section 6(1)(c) of the Contracts of Employment and Redundancy Payments Act (Northern Ireland) (excluded categories of employees), for “Merchant Shipping (Registration, etc.) Act 1993” substitute “ Part II of the Merchant Shipping Act 1995 ”.

Factories Act (Northern Ireland) 1965 (c. 20 (N.I.))

35

In section 176(1) of the Factories Act (Northern Ireland) 1965, for the definitions of “ship”, “vessel” and “harbour” substitute “ship” and “vessel” have the same meaning as “ship” in the Merchant Shipping Act 1995, and “harbour” has the same meaning as in the Merchant Shipping Act 1995;

Fisheries Act (Northern Ireland) 1966 (c. 17 (N.I.))

36

In the Fisheries Act (Northern Ireland) 1966—

• (a) in section 163(3), for “Merchant Shipping (Registration, etc.) Act 1993” substitute “ Part II of the Merchant Shipping Act 1995 ”; and

• (b) in section 174(4), for “Merchant Shipping (Registration, etc.) Act 1993” substitute “ Part II of the Merchant Shipping Act 1995 ”.

Finance Act 1966 (c. 18)

37

In section 2(5)(a) of the Finance Act 1966, for “Merchant Shipping Acts 1894 to 1965” substitute “ Merchant Shipping Act 1995 ”, and for “those Acts” substitute “ that Act ”.

Sea Fish (Conservation) Act 1967 (c. 84)

38

In the Sea Fish (Conservation) Act 1967—

• (a) for section 1(9), substitute—

(9) In this section— - “British fishing boat” means a fishing boat which either is registered in the United Kingdom under Part II of the Merchant Shipping Act 1995 or is owned wholly by persons qualified to own British ships for the purposes of that Part of that Act; and - “foreign fishing boat” means any fishing boat other than a British fishing boat.

;

• (b) in section 5(8)(b), for “Merchant Shipping (Registration, etc.) Act 1993” substitute “ Merchant Shipping Act 1995 ”; and

• (c) in section 22(1), for the definition of “British-owned” substitute—

“British-owned”, in relation to a fishing boat, means owned by a person who is for the purposes of Part II of the Merchant Shipping Act 1995 a person qualified to own a British ship, or owned by two or more persons any one of whom is for those purposes a person so qualified;

.