The Merchant Shipping (Compulsory Insurance of Shipowners for Maritime Claims) Regulations 2012

Insurance

4.—(1) A United Kingdom ship may not enter or leave a port in the United Kingdom or elsewhere unless the shipowner has insurance in respect of that ship.

(2) A ship which is not a United Kingdom ship may not enter or leave a port in the United Kingdom unless the shipowner has insurance in respect of that ship.

(3) Subject to paragraphs (5) and (6) the insurance must cover at least maritime claims subject to limitation under the 1996 Convention.

(4) The amount of insurance for each and every ship per incident must be at least equal to the relevant maximum amount for the limitation of liability as laid down in the 1996 Convention.

(5) The amount of the insurance must cover maritime claims in respect of loss resulting from delay in the carriage by sea of cargo, but only where—

(a) the provisions of the Hague Visby Rules are incorporated into the contract for the carriage of goods, and

(b) that contract imposes liability for loss resulting from delay in the carriage by sea of cargo.

(6) The insurance must cover maritime claims in respect of loss resulting from delay in the carriage by sea of passengers or their luggage, but only where the delay is consequent upon—

(a) an incident involving a collision, stranding, explosion, fire or other cause affecting the physical condition of the ship so as to render it incapable of safe navigation to the intended destination of the passengers and their luggage; or

(b) any other incident involving a threat to the life, health or safety of passengers.

(7) In this regulation the “Hague Visby Rules” means the International Convention for the Unification of certain rules of law relating to bills of lading signed at Brussels on 25th August 1924(1), as amended by the Protocol signed at Brussels on 23rd February 1968(2) and by the Protocol signed at Brussels on 21st December 1979(3).

(1)

Cmnd 3806. The Hague Visby Rules are given effect by the Carriage of Goods by Sea Act 1971 (c.19), as amended by the Merchant Shipping Act 1995 (c.21), section 314(2) and Schedule 13.

(2)

Cmnd 6944.

(3)

Cmnd 9197.