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Merchant Shipping Act 1995

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235 Liability for damage in case of plundered vessel.E+W+S+N.I.

(1)Where, in circumstances in which this section applies by virtue of section 231 in relation to any vessel, the vessel or any part of its cargo and equipment is plundered, damaged or destroyed by persons in circumstances in which those persons commit the offence of riot or, in Scotland, of mobbing and rioting, compensation shall be made to the owner of the vessel, cargo or equipment in accordance with the following provisions of this section.

(2)Compensation under subsection (1) above in England and Wales shall be made by the compensation authority in the manner provided by the M1Riot (Damages) Act 1886 with respect to claims for compensation under that Act.

(3)Where the vessel, cargo or equipment is not within a police area, the plundering, damage or destruction shall be treated for the purposes of subsection (2) above as taking place within the nearest police area.

(4)Compensation under subsection (1) above in Scotland shall, as if entitlement to it arose under section 10 of the M2Riotous Assemblies (Scotland) Act 1822, be made by the council constituted under section 2 of the M3Local Government etc. (Scotland) Act 1994 within whose area, or nearest to whose area, the plundering, damage or destruction took place.

(5)Compensation under subsection (1) above in Northern Ireland shall be made in pursuance of an application under the M4Criminal Injuries to Property (Compensation) Act (Northern Ireland) 1971 as modified for the purposes of this section by the M5Transfer of Functions (Criminal Injuries to Vessels) (Northern Ireland) Order 1973.

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M5S.R. 1973 No. 56 (N.I.).

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