Merchant Shipping Act 1894

555 Apportionment of salvage under 200l. by receiver. U.K.

(1) Where the aggregate amount of salvage payable in respect of salvage services rendered in the United Kingdom has been finally determined, either summarily in manner provided by this Act or by agreement, [F1 or by a county court in England or Wales] and does not exceed [F2 £5,0], but a dispute arises as to the apportionment thereof among several claimants, the person liable to pay the amount may apply to the receiver for liberty to pay the same to him; and the receiver shall, if he thinks fit, receive the same accordingly, and shall grant to the person paying the amount a certificate of the amount paid and of the services in respect of which it is paid, and that certificate shall be a full discharge and indemnity to the person by whom the money is paid, and to his vessel, cargo, apparel, and effects against the claims of all persons whomsoever in respect of the services mentioned in the certificate.

(2) The receiver shall with all convenient speed distribute any amount received by him under this section among the persons entitled to the same on such evidence, and in such shares and proportions, as he thinks fit, and may retain any money which appears to him to be payable to any person who is absent.

[F3 (2A) Any decision by the receiver under subsection (2) above shall be made on the basis of the criteria contained in article 13 of the International Convention on Salvage, 1989 as set out in Part I of Schedule 1 to the Merchant Shipping (Salvage and Pollution) Act 1994.]

(3) A distribution made by a receiver in pursuance of this section shall be final and conclusive as against all persons claiming to be entitled to any portion of the amount distributed.

Textual Amendments

F1 Words inserted by County Courts Act 1984 (c. 28, SIF 34), s. 27(11)

F2 Words in s. 555(1) substituted (1.5.1994) by 1993 c. 22, s. 8(3), Sch. 4 para. 30; S.I. 1993/3137, art. 3(2)

F3 S. 555(2A) inserted (1.1.1995) by 1994 c. 28, s. 1(6), Sch. 2 para. 1(4); S.I. 1994/2971, art. 2, Sch