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Merchant Shipping (Oil Pollution) Act 1971 (repealed 1.1.1996)

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Version Superseded: 01/05/1994

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  • 01/02/1991- Amendment
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  • Stop date 01/01/1996- Amendment

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14 Government ships.U.K.

(1)Nothing in the preceding provisions of this Act applies in relation to any warship or any ship for the time being used by the government of any State for other than commercial purposes.

(2)In relation to a ship owned by a State and for the time being used for commercial purposes it shall be a sufficient compliance with subsection (2) of section 10 of this Act if there is in force a certificate issued by the government of that State and showing that the ship is owned by that State and that any liability for pollution damage as defined in Article I of the Convention will be met up to the limit prescribed by [F1Article V of the Convention as amended by Article II of the protocol dated 19th November 1976 to the Convention].

(3)Every Convention State shall, for the purposes of any proceedings brought in a court in the United Kingdom to enforce a claim in respect of a liability incurred under section 1 of this Act, be deemed to have submitted to the jurisdiction of that court, and accordingly rules of court may provide for the manner in which such proceedings are to be commenced and carried on; but nothing in this subsection shall authorise the issue of execution, or in Scotland the execution of diligence, against the property of any State.

Textual Amendments

14 Government ships.U.K.

(1)Nothing in the preceding provisions of this Act applies in relation to any warship or any ship for the time being used by the government of any State for other than commercial purposes.

(2)In relation to a ship owned by a State and for the time being used for commercial purposes it shall be a sufficient compliance with subsection (2) of section 10 of this Act if there is in force a certificate issued by the government of that State and showing that the ship is owned by that State and that any liability for pollution damage as defined in Article I of the Convention will be met up to the limit prescribed by [F2[F3Article V of the Convention as amended by Article II of the protocol dated 19th November 1976 to the Convention]][F2Article V of the Convention].

(3)Every Convention State shall, for the purposes of any proceedings brought in a court in the United Kingdom to enforce a claim in respect of a liability incurred under section 1 of this Act, be deemed to have submitted to the jurisdiction of that court, and accordingly rules of court may provide for the manner in which such proceedings are to be commenced and carried on; but nothing in this subsection shall authorise the issue of execution, or in Scotland the execution of diligence, against the property of any State.

Textual Amendments

F2Words “Article V of the Convention” substituted (prosp.) for words commencing “Article V of the Convention as amended” by Merchant Shipping Act 1988 (c. 12, SIF 111), ss. 34, 58(2), Sch. 4 Pt. I para. 11, (with s. 58(4), Sch. 8 para. 1) (which (prosp.) substitution fell (1.5.1994) by the repeal of 1988 c. 12, s. 34, Sch. 4 by 1993 c. 22, s. 8(4), Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2), Sch.2)

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