Merchant Shipping (Civil Liability and Compensation for Oil Pollution) Act · 2024 Revised Edition · Part 2
14. Rights of third parties against insurers
Official textFrom Attorney General's Chambers, unchanged
Where it is alleged that the owner of a ship has incurred a liability under section 3 as a result of any discharge or escape of oil occurring, or as a result of any relevant threat of contamination arising, while there was in force a contract of insurance or other security to which a certificate referred to in section 12 is related, proceedings to enforce a claim in respect of that liability may be brought against the person who provided the insurance or other security (referred to in this Act as the insurer).
owner
“owner”, in relation to a ship, means the person registered as the owner of the ship or, in the absence of registration, the person owning the ship, except that, in relation to a ship owned by a State which is operated by a person registered in that State as the ship’s operator, it means the person registered as its operator;
In any proceedings brought against the insurer by virtue of this section, it shall be a defence (in addition to any defence affecting the owner’s liability) to prove that the discharge or escape, or the relevant threat of contamination, as the case may be, was due to the wilful misconduct of the owner himself.
discharge or escape
“discharge or escape”, in relation to pollution damage, means the discharge or escape of oil from a ship;
Merchant Shipping
(Civil Liability and Compensation for Oil Pollution)
oil
“oil” means any persistent hydrocarbon mineral oil such as crude oil, fuel oil, heavy diesel oil and lubricating oil, whether carried on board a ship as cargo or in the bunkers of ship;
The insurer may limit his liability in respect of claims made against him by virtue of this section in like manner and to the same extent as the owner may limit his liability, but the insurer may do so whether or not the discharge or escape, or the relevant threat of contamination, as the case may be, resulted from any thing done or omitted to be done by the owner as mentioned in section 6(4).
Where the owner and the insurer each apply to the Court for the limitation of his liability, any sum paid into Court in pursuance of either application shall be treated as paid also in pursuance of the other.
Supplementary
Terms defined in this Act
discharge or escape
Defined · s 22“discharge or escape”, in relation to pollution damage, means the discharge or escape of oil from a ship;
oil
Defined · s 2“oil” means any persistent hydrocarbon mineral oil such as crude oil, fuel oil, heavy diesel oil and lubricating oil, whether carried on board a ship as cargo or in the bunkers of ship;
owner
Defined · s 2“owner”, in relation to a ship, means the person registered as the owner of the ship or, in the absence of registration, the person owning the ship, except that, in relation to a ship owned by a State which is operated by a person registered in that State as the ship’s operator, it means the person registered as its operator;
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International Oil Pollution Compensation Fund
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