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Merchant Shipping Act 1974

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This is the original version (as it was originally enacted).

7Extinguishment of claims

(1)No action to enforce a claim against the Fund under this Part of this Act shall be entertained by a court in the United Kingdom unless—

(a)the action is commenced, or

(b)a third-party notice of an action to enforce a claim against the owner or his guarantor in respect of the same damage is given to the Fund,

not later than three years after the claim against the Fund arose. In this subsection " third party notice " means a notice of the kind described in subsections (2) and (3) of the last preceding section.

(2)No action to enforce a claim against the Fund under this Part of this Act shall be entertained by a court in the United Kingdom unless the action is commenced not later than six years after the occurrence, or first of the occurrences, resulting in the discharge or escape by reason of which the claim against the Fund arose.

(3)Notwithstanding the preceding provisions of this section, a person's right to bring an action under section 5 of this Act shall not be extinguished before six months from the date when that person first acquired knowledge of the bringing of an action against him under the Act of 1971 (that is to say an action to enforce a liability against which he seeks indemnity), or under the corresponding provisions of the law of any country outside the United Kingdom giving effect to the Liability Convention.

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