Merchant Shipping (Salvage and Pollution) Act 1994

1. Introductory Text

2. Salvage

   1. 1. Salvage Convention, 1989 to have force of law

3. Marine Pollution

   1. 2. Power to implement 1990 OPRC Convention

   2. 3. Amendments as to powers of implementation

   3. 4. Prevention of pollution from ships: further power to implement international agreements

   4. 5. Liability and compensation for oil pollution damage: 1992 Protocols

   5. 6. Extension of strict liability for oil pollution by ships

   6. 7. Extension of rights of Fund by subrogation

   7. 8. Functions of Secretary of State in relation to marine pollution

4. General

   1. 9. Expenses

   2. 10. Short title, citation, construction, repeals, commencement and extent

5. SCHEDULES

   1. SCHEDULE 1

      International Convention on Salvage, 1989

      1. Part I Text of Convention

         1. Article 1 Definitions

         2. Article 2 Application of the Convention

         3. Article 3 Platforms and drilling units

         4. Article 4 State-owned vessels

            1. 1. Without prejudice to article 5, this Convention shall not apply...

            2. 2. Where a State Party decides to apply the Convention to...

         5. Article 5 Salvage operations controlled by public authorities

            1. 1. This Convention shall not affect any provisions of national law...

            2. 2. Nevertheless, salvors carrying out such salvage operations shall be entitled...

            3. 3. The extent to which a public authority under a duty...

         6. Article 6 Salvage contracts

            1. 1. This Convention shall apply to any salvage operations save to...

            2. 2. The master shall have the authority to conclude contracts for...

            3. 3. Nothing in this article shall affect the application of article...

         7. Article 7 Annulment and modification of contracts

         8. Article 8 Duties of the salvor and of the owner and master

            1. 1. The salvor shall owe a duty to the owner of...

            2. 2. The owner and master of the vessel or the owner...

         9. Article 9 Rights of coastal States

         10. Article 10 Duty to render assistance

             1. 1. Every master is bound, so far as he can do...

             2. 2. The States Parties shall adopt the measures necessary to enforce...

             3. 3. The owner of the vessel shall incur no liability for...

         11. Article 11 Co-operation

         12. Article 12 Conditions for reward

             1. 1. Salvage operations which have had a useful result give right...

             2. 2. Except as otherwise provided, no payment is due under this...

             3. 3. This chapter shall apply, notwithstanding that the salved vessel and...

         13. Article 13 Criteria for fixing the reward

             1. 1. The reward shall be fixed with a view to encouraging...

             2. 2. Payment of a reward fixed according to paragraph 1 shall...

             3. 3. The rewards, exclusive of any interest and recoverable legal costs...

         14. Article 14 Special compensation

             1. 1. If the salvor has carried out salvage operations in respect...

             2. 2. If, in the circumstances set out in paragraph 1, the...

             3. 3. Salvor’s expenses for the purpose of paragraphs 1 and 2...

             4. 4. The total special compensation under this article shall be paid...

             5. 5. If the salvor has been negligent and has thereby failed...

             6. 6. Nothing in this article shall affect any right of recourse...

         15. Article 15 Apportionment between salvors

             1. 1. The apportionment of a reward under article 13 between salvors...

             2. 2. The apportionment between the owner, master and other persons in...

         16. Article 16 Salvage of persons

             1. 1. No remuneration is due from persons whose lives are saved,...

             2. 2. A salvor of human life, who has taken part in...

         17. Article 17 Services rendered under existing contracts

         18. Article 18 The effect of salvor’s misconduct

         19. Article 19 Prohibition of salvage operations

         20. Article 20 Maritime lien

             1. 1. Nothing in this Convention shall affect the salvor’s maritime lien...

             2. 2. The salvor may not enforce his maritime lien when satisfactory...

         21. Article 21 Duty to provide security

             1. 1. Upon the request of the salvor a person liable for...

             2. 2. Without prejudice to paragraph 1, the owner of the salved...

             3. 3. The salved vessel and other property shall not, without the...

         22. Article 22 Interim payment

             1. 1. The tribunal having jurisdiction over the claim of the salvor...

             2. 2. In the event of an interim payment under this article...

         23. Article 23 Limitation of actions

             1. 1. Any action relating to payment under this Convention shall be...

             2. 2. The person against whom a claim is made may at...

             3. 3. An action for indemnity by a person liable may be...

         24. Article 24 Interest

         25. Article 25 State-owned cargoes

         26. Article 26 Humanitarian cargoes

         27. Article 27 Publication of arbitral awards

      2. Part II Provisions having effect in connection with Convention

         1. Interpretation

            1. 1. In this Part of this Schedule any reference to a...

         2. Claims excluded from Convention

            1. 2. (1) The provisions of the Convention do not apply—

         3. Assistance to persons in danger at sea

            1. 3. (1) The master of a vessel who fails to comply...

         4. The reward and special compensation: the common understanding

            1. 4. In fixing a reward under article 13 and assessing special...

         5. Recourse for life salvage payment

            1. 5. (1) This paragraph applies where— (a) services are rendered wholly...

         6. Meaning of “judicial proceedings”

            1. 6. References in the Convention to judicial proceedings are references to...

         7. Meaning of “State Party”

            1. 7. (1) An Order in Council made for the purposes of...

   2. SCHEDULE 2

      Salvage: Consequential and Related Amendments

      1. Merchant Shipping Act 1894

         1. 1. (1) The Merchant Shipping Act 1894 shall be amended as...

      2. Maritime Conventions Act 1911

         1. 2. (1) The Maritime Conventions Act 1911 shall be amended as...

      3. Crown Proceedings Act 1947

         1. 3. In section 8(1) of the Crown Proceedings Act 1947, for...

      4. Administration of Justice Act 1956

         1. 4. (1) The Administration of Justice Act 1956 shall be amended...

      5. Merchant Shipping Act 1979

         1. 5. In Schedule 4 to the Merchant Shipping Act 1979, in...

      6. Supreme Court Act 1981

         1. 6. (1) Section 20 of the Supreme Court Act 1981 shall...

      7. County Courts Act 1984

         1. 7. (1) Section 27 of the County Courts Act 1984 shall...

   3. SCHEDULE 3

      Extension of Strict Liability for Oil Pollution by Ships

      1. Part I Amendments of the 1971 Act

         1. 1. After section 1 of the 1971 Act there shall be...

         2. 2. After section 2 of the 1971 Act there shall be...

         3. 3. After section 3 of the 1971 Act there shall be...

         4. 4. In section 9 (extinguishment of claims), after the words “section...

         5. 5. In section 15 (liability for cost of preventive measures where...

         6. 6. In section 20(2) (interpretation of references to the owner of...

      2. Part II Amendments of the 1971 Act as Amended by the 1988 Act

         1. 1. In section 1(2) of the 1971 Act (liability for threat...

         2. 2. After section 1 of the 1971 Act there shall be...

         3. 3. In section 2 (exceptions from liability), after the words “section...

         4. 4. In section 3 (restriction of liability)— (a) in subsection (1)—...

         5. 5. In section 9 (extinguishment of claims), after the words “section...

         6. 6. In section 13 (jurisdiction of United Kingdom courts, etc.)—

         7. 7. In section 15 (liability for cost of preventive measures where...

         8. 8. In section 20(1) (definitions), in the definition of “ship”, after...

      3. Part III Modifications of Parts I and II

         1. 1. The section 1A inserted by Part II shall be substituted...

         2. 2. The section 2A inserted by Part I shall cease to...

         3. 3. The section 3A inserted by Part I shall cease to...

         4. 4. The reference to section 1A inserted in section 9 and...

   4. SCHEDULE 4

      Repeals