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Merchant Shipping Act 1995
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- 1995 c. 21
- SCHEDULE 7
- Part I
- Article 2
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- Act power to modify or apply conferred by 2006 c. 8 s. 1(5)
- Blanket amendment text amended by S.I. 2011/1043 art. 3 6
- Act words substituted by 2005 c. 4 Sch. 11 para. 6
- Blanket Amendment words substituted by 2005 c. 4 Sch. 11 para. 1(2)
- Blanket Amendment words substituted by 2005 c. 4 Sch. 11 para. 5
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 9A inserted by 2011 c. 8 s. 1(2)
- s. 108A inserted by 2003 c. 16 s. 1(1)
- s. 153A inserted by S.I. 2006/1244 reg. 5
- s. 156A inserted by S.I. 2006/1244 reg. 9
- s. 163A inserted by S.I. 2006/1244 reg. 17
- s. 163A(8) words substituted by S.I. 2009/1941 Sch. 1 para. 152(3)
- s. 176A 176B inserted by S.I. 2006/1265 art. 6
- Sch. 3A inserted by 2003 c. 16 Sch. 1
- Sch. 3A para. 1(2)(da) inserted by S.I. 2004/2110 reg. 22(1)
- Sch. 3A para. 11 substituted by S.I. 2009/1941 Sch. 1 para. 152(5)
- Sch. 5ZA inserted by S.I. 2006/1265 art. 12 Sch.
- Sch. 11ZA inserted by 2011 c. 8 s. 1(4) Sch.
Commencement Orders yet to be applied to the Merchant Shipping Act 1995:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2003/3142 art. 2-4 commences (2002 c. 11 and 2003 c. 21)
- S.I. 2004/827 art. 2-4 commences (2003 c. 20)
- S.I. 2004/2304 art. 2 commences (2004 c. 21)
- S.I. 2004/2917 art. 2 commences (2004 c. 21)
- S.I. 2005/910 art. 3 commences (2003 c. 39)
- S.I. 2005/1126 art. 2 commences (2005 c. 11)
- S.I. 2006/1014 art. 2 Sch. 1 2 commences (2005 c. 4)
- S.I. 2007/204 art. 2-4 commences (2006 c. 28)
- S.I. 2007/499 art. 2 commences (2006 c. 45)
- S.I. 2007/1030 art. 2 commences (2006 c. 45)
- S.I. 2007/1375 art. 2 commences (2006 c. 28)
- S.I. 2008/1653 art. 2 commences (2007 c. 15)
- S.I. 2009/1604 art. 2 commences (2005 c. 4)
- S.I. 2009/3345 art. 2 commences (2009 c. 23)
- S.I. 2010/298 art. 2 Sch. commences (2009 c. 23)
- S.I. 2011/2329 art. 2 3 commences (2011 c. 5)
- S.S.I. 2005/392 art. 2 commences (2005 asp 5)
- S.S.I. 2011/268 art. 6 commences (2011 asp 7)
- S.R. 2006/257 art. 2 commences (S.I. 2006/1254 (N.I.))
Article 2E+W+S+N.I.
Claims subject to limitationE+W+S+N.I.
1Subject to Articles 3 and 4 the following claims, whatever the basis of liability may be, shall be subject to limitation of liability:E+W+S+N.I.
(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.
2Claims 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.E+W+S+N.I.
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