The Merchant Shipping (Liability and Compensation for Oil Pollution Damage) (Transitional Provisions) Order 1996 No. 1143

Article 3

SCHEDULE 2

PART A The following are the modifications to Article XII bis of the 1992 Liability Convention:

1.  References to a State shall be references to the United Kingdom.

2.  In the chapeau, the reference to “this Convention” shall be a reference to the 1992 Liability Convention.

3.  In sub-paragraph (a) of Article XII bis references to “this Convention” shall be references to sections 152 to 170 of the Act, and the reference to “the 1969 Liability Convention” shall be as a reference to sections 152 to 170 in Schedule 4 to the Act.

4.  In sub-paragraph (b) of Article XII bis the first and third references to “this Convention” shall be references to sections 152 to 170 of the Act, and the second to the 1992 Liability Convention; and the reference to “the said 1971 Convention” shall be a reference to sections 172 to 181 in Schedule 4 to the Act.

5.  For sub-paragraph (c) of Article XII bis there shall be substituted “subsection (1)(i) of section 156 of the Act refers to liability under section 153 of the Act or under section 153 in Schedule 4 to the Act, as appropriate, and subsection (1)(ii) of section 156 of the Act applies to the persons referred to in section 156(2) of the Act or section 156(b) in Schedule 4 to the Act, as appropriate”.

6.  In sub-paragraph (d) of Article XII bis, the reference to “Article V, paragraph 3, of this Convention” shall be a reference to section 158 of the Act.

PART B The following are the modifications to Article 36 bis of the 1992 Fund Convention:

1.  The “transitional period” means the period from the date of entry into force of this Order to the date on which the Order ceases to have effect.

2.  “The Fund” shall have the same meaning as in section 172 of the Act.

3.  Except for the second reference in sub-paragraph (b), references to the “1971 Fund Convention” shall be references to sections 172 to 181 of the Act as set out in Schedule 4 to the Act.

4.  Except for the third reference in sub-paragraph (b) references to “this Convention” shall be references to sections 172 to 181 of the Act.

5.  References to “the 1969 Liability Convention” shall be references to sections 152 to 170 of the Act as set out in Schedule 4 to the Act.

6.  References to “the 1992 Liability Convention” shall be references to sections 152 to 170 of the Act.

7.  Sub-paragraph (a) of Article 36 bis shall be omitted.

8.  In sub-paragraph (b) of Article 36 bis for “the above-mentioned Conventions” there shall be substituted “the 1969 Liability Convention, the 1992 Liability Convention and the 1971 Fund Convention”.

9.  In sub-paragraph (c) of Article 36 bis, the reference to “Article 4 of this Convention” shall be a reference to Part I of Schedule 5 to the Act.

10.  In sub-paragraph (d) of Article 36 bis, the reference to “paragraph 1 of Article 9 of this Convention” shall be a reference to section 179(1) of the Act.