Act of Sederunt (Rules of the Court of Session 1994) 1994

International Oil Pollution Compensation Fund

46.9.—(1) In this rule–

“the Act of 1974” means the Merchant Shipping Act 1974(1);

“the Fund” means the International Oil Pollution Compensation Fund referred to in section 1(1) of the Act of 1974.

(2) In an action in respect of liability under section 1 of the Merchant Shipping (Oil Pollution) Act 1971(2), intimation of the action under section 6(2) of the Act of 1974 to the Fund shall be given by the pursuer in accordance with paragraphs (3) and (4) of this rule.

(3) Where intimation is to be made under paragraph (1), the pursuer shall insert a warrant for intimation in the summons in the following terms:– “Warrant to intimate to the International Oil Pollution Compensation Fund (address) as a person having an interest in this action.”.

(4) Intimation under paragraph (2) shall be given by a notice of intimation in Form 46.9 attached to a copy of the summons.

(5) Where the Fund is not a party to an action to which this rule applies, a defender may apply by motion for warrant to serve a third party notice on the Fund.

(6) Where, in an action under section 4 of the Act of 1974(3) (compensation from Fund for persons suffering pollution damage), the court grants decree against the Fund, the clerk of court shall, within 14 days after the date of the decree, send a copy of it by first class post to the fund.

(7) Any notice under section 4A(3)(b) of the Act of 1974(4) (notification of whether amount of claim to be reduced) by the Fund to the court shall be sent to the Deputy Principal Clerk.

(8) An application by virtue of section 4A(3)(a) of the Act of 1974 for leave to enforce a decree against the Fund shall be made by motion.

(1)

1974 c. 43.

(2)

1971 c. 59; section 1 was substituted by the Merchant Shipping Act 1988 (c. 12), Schedule 4, paragraph 1.

(3)

Section 4 of the Act of 1974 was amended by the Merchant Shipping Act 1979 (c. 39), section 38 and Schedule 7 and by the Merchant Shipping Act 1988, section 34 and Schedule 4, paragraph 17.

(4)

Section 4A of the Act of 1974 was inserted by the Merchant Shipping Act 1988 (c. 12), Schedule 4, paragraph 17(5).