Merchant Shipping (Salvage and Pollution) Act 1994

1Salvage Convention, 1989 to have force of law

Marine Pollution

2Power to implement 1990 OPRC Convention

3Amendments as to powers of implementation

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

5Liability and compensation for oil pollution damage: 1992 Protocols

6Extension of strict liability for oil pollution by ships

7Extension of rights of Fund by subrogation

8Functions of Secretary of State in relation to marine pollution

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

SCHEDULE 1International Convention on Salvage, 1989

Part IText of Convention

Article 1Definitions

Article 2Application of the Convention

Article 3Platforms and drilling units

Article 4State-owned vessels

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

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

Article 5Salvage operations controlled by public authorities

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

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

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

Article 6Salvage contracts

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

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

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

Article 7Annulment and modification of contracts

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

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

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

Article 9Rights of coastal States

Article 10Duty to render assistance

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

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

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

Article 11Co-operation

Article 12Conditions for reward

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

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

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

Article 13Criteria for fixing the reward

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

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

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

Article 14Special compensation

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

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

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

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

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

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

Article 15Apportionment between salvors

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

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

Article 16Salvage of persons

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

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

Article 17Services rendered under existing contracts

Article 18The effect of salvor’s misconduct

Article 19Prohibition of salvage operations

Article 20Maritime lien

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

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

Article 21Duty to provide security

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

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

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

Article 22Interim payment

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

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

Article 23Limitation of actions

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

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

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

Article 24Interest

Article 25State-owned cargoes

Article 26Humanitarian cargoes

Article 27Publication of arbitral awards

Part IIProvisions having effect in connection with Convention

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

Claims excluded from Convention

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

Assistance to persons in danger at sea

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

The reward and special compensation: the common understanding

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

Recourse for life salvage payment

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

Meaning of “judicial proceedings”

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

Meaning of “State Party”

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

SCHEDULE 2Salvage: Consequential and Related Amendments

Merchant Shipping Act 1894

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

Maritime Conventions Act 1911

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

Crown Proceedings Act 1947

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

Administration of Justice Act 1956

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

Merchant Shipping Act 1979

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

Supreme Court Act 1981

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

County Courts Act 1984

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

SCHEDULE 3Extension of Strict Liability for Oil Pollution by Ships

Part IAmendments of the 1971 Act

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

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

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

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

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

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

Part IIAmendments of the 1971 Act as Amended by the 1988 Act

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

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

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

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

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

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

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

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

Part IIIModifications of Parts I and II

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

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

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

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

SCHEDULE 4Repeals

Merchant Shipping (Salvage and Pollution) Act 1994

1994 Chapter 28

An Act to make further provision in relation to marine salvage and marine pollution and the discharge of functions of the Secretary of State in connection therewith; and for purposes connected with those purposes.

[21st July 1994]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—