Search Legislation

Antarctic Act 2013

Status:

This is the original version (as it was originally enacted).

2Liability to Parties to Annex VI

This section has no associated Explanatory Notes

(1)This section applies in a case where—

(a)activities carried out in Antarctica directly or indirectly give rise to an environmental emergency,

(b)the person organising the activities does not take reasonable, prompt and effective response action, and

(c)reasonable response action is taken pursuant to Article 5(2) of Annex VI (action by Parties to Annex VI).

(2)Where the reasonable response action referred to in subsection (1)(c) is taken by the Crown or a person specifically authorised by the Crown and—

(a)the person organising the activities is based in the United Kingdom, or

(b)the activities are connected with the United Kingdom,

the person organising the activities is (subject to this Part) liable to pay to Her Majesty’s Government an amount equal to the costs of the action.

(3)Where the reasonable response action referred to in subsection (1)(c) is taken by another Party to Annex VI or a person specifically authorised by such a Party and—

(a)the person organising the activities is based in the United Kingdom, or

(b)that person is based in a State which is not a Party to Annex VI but the activities are connected with the United Kingdom,

the person organising the activities is (subject to this Part) liable to pay to that Party an amount equal to the costs of the action.

(4)This section does not impose any liability on—

(a)the Crown or a contractor, sub-contractor or agent of the Crown, or

(b)another Party to Annex VI or a contractor, sub-contractor or agent of such a Party.

(5)Proceedings pursuant to this section may be brought by any Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975).

(6)Proceedings may not be brought pursuant to this section after—

(a)the end of the period of three years beginning with the day on which the reasonable response action referred to in subsection (1)(c) was commenced, or

(b)if later, the end of the period of three years beginning with the day on which Her Majesty’s Government or the Party to Annex VI (as the case may be) ascertained, or ought reasonably to have ascertained, the identity of the person organising the activities.

(7)Subsection (6)(b) does not permit the bringing of proceedings pursuant to this section after the end of the period of fifteen years beginning with the day on which the reasonable response action referred to in subsection (1)(c) was commenced.

(8)Proceedings pursuant to this section are not subject—

(a)in England and Wales, to section 9(1) of the Limitation Act 1980 (time limit for actions for sums recoverable by statute);

(b)in Scotland, to section 6 of the Prescription and Limitation (Scotland) Act 1973 (extinction of obligations by prescriptive periods of 5 years);

(c)in Northern Ireland, to Article 4(d) of the Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (N.I. 11)) (time limit for actions for sums recoverable by virtue of any statutory provision).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources