http://www.legislation.gov.uk/ukpga/1995/21/section/176/2012-10-05Merchant Shipping Act 1995An Act to consolidate the Merchant Shipping Acts 1894 to 1994 and other enactments relating to merchant shipping.1995-07-19texttext/xmlenStatute Law Database2026-06-29Expert Participation2012-10-05 Part VI Prevention of PollutionChapter IV International Oil PollutionCompensation Fund Compensation for persons suffering pollution damage Limitation of Fund’s liability under section 175.1761The Fund’s liability under section 175 shall be subject to the limits imposed by paragraphs 4 and 5 of Article 4 of the Fund Convention (which impose an overall limit on the liabilities of the Fund and the text of which is set out in Part I of Schedule 5), and in those provisions references to the Liability Convention are references to the Liability Convention within the meaning of this Chapter.2A certificate given by the Director of the Fund stating that sub-paragraph (c) of paragraph 4 of Article 4 of the Fund Convention is applicable to any claim under section 175 shall be conclusive evidence for the purposes of this Chapter that it is so applicable.3For the purpose of giving effect to paragraphs 4 and 5 of Article 4 of the Fund Convention a court giving judgment against the Fund in proceedings under section 175 shall notify the Fund, and—ano steps shall be taken to enforce the judgment unless and until the court gives leave to enforce it,bthat leave shall not be given unless and until the Fund notifies the court either that the amount of the claim is not to be reduced under those paragraphs, or that it is to be reduced to a specified amount, andcin the latter case the judgment shall be enforceable only for the reduced amount.4Any steps taken to obtain payment of an amount or a reduced amount in pursuance of such a judgment as is mentioned in subsection (3) above shall be steps to obtain payment in sterling; and—afor the purpose of converting such an amount from special drawing rights into sterling one special drawing right shall be treated as equal to such a sum in sterling as the International Monetary Fund have fixed as being the equivalent of one special drawing right for—ithe relevant day, namely the day on which the Assembly of the Fund decide the date for the first payment of compensation in respect of the incident, oriiif no sum has been so fixed for the relevant day, the last day before that day for which a sum has been so fixed; andba certificate given by or on behalf of the Treasury stating—ithat a particular sum in sterling has been so fixed for the relevant day, oriithat no sum has been so fixed for the relevant day and that a particular sum in sterling has been so fixed for a day which is the last day for which a sum has been so fixed before the relevant day,shall be conclusive evidence of those matters for the purposes of this Chapter.5The Secretary of State may by order make such amendments of this section and Part I of Schedule 5 as appear to him to be appropriate for the purpose of giving effect to the entry into force of any amendment of the provisions set out in that Schedule.6Any document purporting to be such a certificate as is mentioned in subsection (2) or (4)(b) above shall, in any legal proceedings, be received in evidence and, unless the contrary is proved, be deemed to be such a certificate.S. 176 extended (with modifications) to Anguilla (30.11.1997) by S.I. 1997/2580, art. 2, Sch.S. 176 extended (with modifications) to Bermuda (30.11.1997) by S.I. 1997/2581, art. 2, Sch.S. 176 extended (with modifications) to British Antarctic Territory (30.11.1997) by S.I. 1997/2582, art. 2, Sch.S. 176 extended (with modifications) to the British Indian Ocean Territory (30.11.1997) by S.I. 1997/2583, art. 2, Sch.S. 176 extended (with modifications) to the Falkland Islands (30.11.1997) by S.I. 1997/2584, art. 2, Sch.S. 176 extended (with modifications) to the Pitcairn, Henderson, Ducie and Oeno Islands (30.11.1997) by S.I. 1997/2585, arts. 2, 3, Sch.S. 176 extended (with modifications) to the Sovereign Base Areas of Akrotiri and Dhekelia (30.11.1997) by S.I. 1997/2587, art. 2, Sch.S. 176 extended (with modifications) to South Georgia and the South Sandwich Islands (30.11.1997) by S.I. 1997/2588, art. 2, Sch.S. 176 extended (with modifications) to the Turks and Caicos Islands (30.11.1997) by S.I. 1997/2589, art. 2, Sch.S. 176 extended (with modifications) to the Virgin Islands (30.11.1997) by S.I. 1997/2590, art. 2, Sch.S. 176 extended (with modifications) to Jersey (1.12.1997) by S.I. 1997/2598, arts. 2, 3, Sch. 1S. 176 extended (with modifications) to Guernsey (11.3.1998) by S.I. 1998/260, arts. 2, 3, Sch. 1S. 176 extended (with modifications) to the Cayman Islands (20.5.1998) by S.I. 1998/1261, art. 2, Sch.S. 176 extended (with modifications) to Montserrat (20.5.1998) by S.I. 1998/1262, art. 2, Sch.S. 176 extended (with modifications) to Saint Helena (20.5.1998) by S.I. 1998/1263, art. 2, Sch.