Search Legislation

Merchant Shipping Act 1995

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

Merchant Shipping Act 1995, Part II is up to date with all changes known to be in force on or before 28 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Part IIU.K. Provisions having effect in connection with Convention

InterpretationU.K.

1U.K.In this Part of this Schedule any reference to a numbered article is a reference to the article of the Convention which is so numbered.

Right to limit liabilityU.K.

2U.K.[F1Subject to paragraph 6 below,]the right to limit liability under the Convention shall apply in relation to any ship whether seagoing or not, and the definition of “shipowner” in paragraph 2 of article 1 shall be construed accordingly.

Textual Amendments

F1Words in Sch. 7 Pt. II para. 2 inserted (with effect in accordance with art. 1 of the amending S.I.) by S.I. 1998/1258, arts. 7(a), 8, Sch.

F2[F32A]U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3Sch. 7 Pt. II para. 2A inserted (with effect in accordance with art. 1 of the amending S.I.) by S.I. 1998/1258, arts. 7(b), 8, Sch.

Claims subject to limitationU.K.

3(1)Paragraph 1(d) of article 2 shall not apply unless provision has been made by an order of the Secretary of State for the setting up and management of a fund to be used for the making to harbour or conservancy authorities of payments needed to compensate them for the reduction, in consequence of the said paragraph 1(d), of amounts recoverable by them in claims of the kind there mentioned, and to be maintained by contributions from such authorities raised and collected by them in respect of vessels in like manner as other sums so raised by them.U.K.

(2)Any order under sub-paragraph (1) above may contain such incidental and supplemental provisions as appear to the Secretary of State to be necessary or expedient.

Claims excluded from limitationU.K.

4F4[(1)Claims for Damages within the meaning of the international Convention on Liability and compensation for Damage in connection with the carraiage of Hazardous and Noxious Subsatances by Sea 1996(b), or any amendment of or Protocal to the Convention, which arise from occurences which take place after the coming into force of the first Order in Council made by Her Majesty under section 182B of this Act shall by excluded from the convention.].U.K.

(2)The claims excluded from the Convention by paragraph (b) of article 3 are claims in respect of any liability incurred under section 153 of this Act.

(3)The claims excluded from the Convention by paragraph (c) of article 3 are claims made by virtue of any of sections 7 to 11 of the M1Nuclear Installations Act 1965.

Textual Amendments

F4Sch. 7 Pt. II para. 4(1) substituted (with effect in accordance with art. 1 of the amending S.I.) by S.I. 1998/1258, arts. 7(C), 8, Sch.

Marginal Citations

The general limitsU.K.

5(1)In the application of article 6 to a ship with a tonnage less than 300 tons that article shall have effect as if—U.K.

(a)paragraph 1(a)(i) referred to [F51,000,000] Units of Account; and

(b)paragraph 1(b)(i) referred to [F5500,000] Units of Account.

(2)For the purposes of article 6 and this paragraph a ship’s tonnage shall be its gross tonnage calculated in such manner as may be prescribed by an order made by the Secretary of State.

(3)Any order under this paragraph shall, so far as appears to the Secretary of State to be practicable, give effect to the regulations in Annex I of the International Convention on Tonnage Measurement of Ships 1969.

Textual Amendments

F5Words in s. 5(1)(a)(b) substituted (with effect in accordance with art. 1 of the amending S.I.) by S.I. 1998/1258, arts. 7(d), 8, Sch.

Limit for passenger claimsU.K.

6[F6(1) Article 7 shall not apply in respect of any sea going ship and shall have effect in respect of any ship which is not as if in paragraph 1 of that article.U.K.

(a)after “thereof” there were inserted “in respect of each passenger,”;

(b)the words from “multiplied” onwards were omitted.]

(2)In paragraph 2 of article 7 the reference to claims brought on behalf of a person includes a reference to any claim in respect of the death of a person under the M2Fatal Accidents Act 1976, the M3Fatal Accidents (Northern Ireland) Order 1977 or the [F7Damages (Scotland) Act 2011].

Textual Amendments

F6Sch. 7 Pt. 2 para. 6(1)(a)(b) substituted for Sch. 7 para. 6(1) (with effect in accordance with art. 1 of the amending S.I.) by S.I. 1998/1258, arts. 7(e), 8, Sch.

F7Words in Sch. 7 Pt. 2 para. 6 substituted (7.7.2011) by Damages (Scotland) Act 2011 (asp 7), s. 19(3), sch. 1 para. 6 (with ss. 17, 19(2)); S.S.I. 2011/268, art. 3 (with art. 4)

Marginal Citations

Units of AccountU.K.

7(1)For the purpose of converting the amounts mentioned in articles 6 and 7 from special drawing rights into sterling one special drawing right shall be treated as equal to such a sum in sterling as the International Monetary Fund have fixed as being the equivalent of one special drawing right for—U.K.

(a)the relevant date under paragraph 1 of article 8; or

(b)if no sum has been so fixed for that date, the last preceding date for which a sum has been so fixed.

(2)A certificate given by or on behalf of the Treasury stating—

(a)that a particular sum in sterling has been fixed as mentioned in sub-paragraph (1) above for a particular date; or

(b)that no sum has been so fixed for that date and that a particular sum in sterling has been so fixed for a date which is the last preceding date for which a sum has been so fixed,

shall be conclusive evidence of those matters for the purposes of those articles; and a document purporting to be such a certificate shall, in any proceedings, be received in evidence and, unless the contrary is proved, be deemed to be such a certificate.

Constitution of fundU.K.

8(1)The Secretary of State may, with the concurrence of the Treasury, by order prescribe the rate of interest to be applied for the purposes of paragraph 1 of article 11.U.K.

(2)Any statutory instrument containing an order under sub-paragraph (1) above shall be laid before Parliament after being made.

(3)Where a fund is constituted with the court in accordance with article 11 for the payment of claims arising out of any occurrence, the court may stay any proceedings relating to any claim arising out of that occurrence which are pending against the person by whom the fund has been constituted.

Distribution of fundU.K.

9U.K.No lien or other right in respect of any ship or property shall affect the proportions in which under article 12 the fund is distributed among several claimants.

Bar to other actionsU.K.

10U.K.Where the release of a ship or other property is ordered under paragraph 2 of article 13 the person on whose application it is ordered to be released shall be deemed to have submitted to (or, in Scotland, prorogated) the jurisdiction of the court to adjudicate on the claim for which the ship or property was arrested or attached.

Meaning of “court”U.K.

11U.K.References in the Convention and the preceding provisions of this Part of this Schedule to the court are references to the High Court or, in relation to Scotland, the Court of Session.

Meaning of “ship”U.K.

12U.K.References in the Convention and in the preceding provisions of this Part of this Schedule to a ship include references to any structure (whether completed or in course of completion) launched and intended for use in navigation as a ship or part of a ship.

Meaning of “State Party”U.K.

[F813U.K.An Order in Council made for the purposes of this paragraph and declaring that any State specified in the Order is a party to the Convention as amended by the 1996 Protocol shall, subject to the provisions of any subsequent Order made for those purposes, be conclusive evidence that the State is a party to the Convention as amended by the 1996 Protocol.]

Textual Amendments

F8Sch. 7 Pt. II para. 13 substituted (with effect in accordance with art. 1 of the amending S.I.) by S.I. 1998/1258, arts. 7(f), 8, Sch.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources