Part VI Prevention of Pollution

Chapter III Liability for Oil Pollution

Liability

154 Liability for oil pollution F1in other cases.

(1)

F2Subject to subsection (2A), where, as a result of any occurrence, any oil is discharged or escapes from a ship F3..., then (except as otherwise provided by this Chapter) the F4registered owner of the ship shall be liable—

(a)

for any damage caused outside the ship in the territory of the United Kingdom by contamination resulting from the discharge or escape; and

(b)

for the cost of any measures reasonably taken after the discharge or escape for the purpose of preventing or minimising any damage so caused in the territory of the United Kingdom by contamination resulting from the discharge or escape; and

(c)

for any damage so caused in the territory of the United Kingdom by any measures so taken.

(2)

F2Subject to subsection (2A), where, as a result of any occurrence, there arises a grave and imminent threat of damage being caused outside a ship F3... by the contamination which might result if there were a discharge or escape of oil from the ship, then (except as otherwise provided by this Chapter) the F4registered owner of the ship shall be liable—

(a)

for the cost of any measures reasonably taken for the purpose of preventing or minimising any such damage in the territory of the United Kingdom; and

(b)

for any damage caused outside the ship in the territory of the United Kingdom by any measures so taken;

F5...

F6(2A)

No liability shall be incurred under this section by reason of—

(a)

a discharge or escape of oil from a ship to which section 153 applies or a relevant threat of contamination falling within subsection (2) of that section;

(b)

a discharge or escape of bunker oil falling within section 153A(1) or a relevant threat of contamination falling within section 153A(2).

(2B)

In the subsequent provisions of this Chapter—

(a)

a discharge or escape of oil from a ship, other than one excluded by subsection (2A), is referred to as a discharge or escape of oil falling within subsection (1) of this section; and

(b)

a threat mentioned in subsection (2), other than one excluded by subsection (2A), is referred to as a relevant threat of contamination falling within subsection (2) of this section.

(3)

Where—

(a)

as a result of any occurrence, a liability is incurred under this section by the F4registered owner of each of two or more ships, but

(b)

the damage or cost for which each of the F4registered owners would be liable cannot reasonably be separated from that for which the other or others would be liable,

each of the F4registered owners shall be liable, jointly with the other or others, for the whole of the damage or cost for which the F4registered owners together would be liable under this section.

(4)

The M1Law Reform (Contributory Negligence) Act 1945 and, in Northern Ireland, the M2Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1948 shall apply in relation to any damage or cost for which a person is liable under this section, but which is not due to his fault, as if it were due to his fault.

(5)

In this section F7(apart from subsection (2A)) “ship” includes a vessel which is not seagoing.