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Merchant Shipping (Oil Pollution and General Provisions) (Isle of Man) Order 2004

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Explanatory Note

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The International Convention on Civil Liability for Oil Pollution Damage 1969 (the CLC), which was extended to the Isle of Man by the Merchant Shipping (Oil Pollution) Act 1971 (Isle of Man) Order 1981 (the 1981 Liability Order), provides uniform rules and procedures for determining questions of liability and for awarding compensation when damage is caused by pollution resulting from the escape or discharge of oil from ships.

The International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1971 (the Fund Convention) which was extended to the Isle of Man by the Merchant Shipping Act 1974 (Isle of Man) Order 1981 (the 1981 Compensation Order), set up an international fund to provide a supplementary system for compensation and indemnification for such damage.

The 1992 Protocol to the CLC and the 1992 Protocol to the Fund Convention respectively created a new 1992 Civil Liability Convention and 1992 Fund Convention, which together provided for higher levels of compensation and more extensive liability. The 1992 Protocols were given effect in the Isle of Man by local legislation but the 1981 Liability Order and the 1981 Compensation Order were not revoked when the local legislation was enacted. This Order now revokes the 1981 Orders.

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