Merchant Shipping (Civil Liability and Compensation for Oil Pollution) Act · 2024 Revised Edition · Part 2
9. Concurrent liabilities of owners and others
Official textFrom Attorney General's Chambers, unchanged
Where, as a result of any discharge or escape of oil from a ship or as a result of any relevant threat of contamination, the owner of the ship incurs a liability under section 3 and any other person incurs a liability, otherwise than under that section, for any such damage or cost as is mentioned in subsection (1) or (2) of that section, then, if —
discharge or escape
“discharge or escape”, in relation to pollution damage, means the discharge or escape of oil from a ship;
the owner has been found, in proceedings under section 7, to be entitled to limit his liability to any amount and has paid into Court a sum not less than that amount; and
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;
that other person is entitled to limit his liability in connection with the ship by virtue of section 141 of the
Merchant Shipping Order, 2002 (S 27/2002), no proceedings shall be taken against that other person in respect of his liability, and if any such proceedings were commenced before the owner paid the sum into Court, no further steps shall be taken in those proceedings except in relation to costs.
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;
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;
Part
International Oil Pollution Compensation Fund
Part