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[NOTE:
The words marked in bold type were inserted by the Lords to avoid
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Enable
effect to be given to the Supplementary Fund Protocol 2003 and
to |
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future revisions of the international
arrangements relating to compensation |
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for oil pollution from ships;
to enable effect to be given to Annex VI of the |
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MARPOL Convention; and to
amend section 178(1) of the Merchant Shipping |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled, and
by the authority of the same, as follows:— |
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1 |
Power
to give effect to revisions of the international arrangements
relating to |
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compensation for oil pollution
from ships |
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(a) |
“the Supplementary
Fund Protocol” means the Protocol of 2003 to the |
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Fund Convention (which among
other things establishes the |
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Supplementary Fund for pollution
damage claims and provides for |
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contributions to, and payments
of compensation by, that Fund); and |
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(b) |
“the Liability Convention”
and “the Fund Convention” have the same |
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meaning as in section 172
of the Merchant Shipping Act 1995
(c. 21). |
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(2) |
Her Majesty may by Order
in Council make such provision as She considers |
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appropriate for the purpose
of giving effect to— |
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(a) |
the Supplementary Fund Protocol; |
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(b) |
any international agreement
relating to compensation for oil pollution |
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from ships which modifies,
or replaces the whole or any part of, the |
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Liability Convention, the
Fund Convention or the Supplementary Fund |
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(3) |
An Order in Council may
not make provision taking effect before ratification |
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by the United Kingdom of
the international agreement to which it relates |
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unless the provision appears
to Her Majesty to be necessary to enable the |
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United Kingdom to meet a
requirement imposed on a state wishing to ratify |
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(4) |
Without
prejudice to the generality of subsection (2), an Order in Council
may |
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(a) |
require contributions to
be paid to an international compensation fund |
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in accordance with the international
agreement to which the Order |
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(b) |
authorise the Secretary of
State to make an order by statutory |
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(c) |
provide for the delegation
of functions exercisable by virtue of the |
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(d) |
create summary offences or
offences triable either way (but subject to |
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the limitation that the Order
may not authorise the imposition, on |
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conviction on indictment,
of a term of imprisonment exceeding two |
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(e) |
make provision with respect
to the extra-territorial operation of the |
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(f) |
make provision with respect
to the application of the Order in relation |
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(5) |
An Order in Council may— |
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(a) |
make different provision for
different circumstances; |
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(b) |
modify or apply (with or
without modifications) provisions of the |
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Merchant
Shipping Act 1995 (c. 21) or any other enactment or
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(c) |
make incidental, supplemental,
consequential or transitional provision; |
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(d) |
make provision extending
to any relevant British possession (within |
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the meaning of the Merchant
Shipping Act 1995). |
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(6) |
No recommendation may be
made to Her Majesty to make an Order in Council |
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(a) |
a draft of the Order has
been laid before and approved by a resolution |
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of each House of Parliament; |
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(b) |
the Order relates only to
the Supplementary Fund Protocol; or |
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(c) |
the Order extends only to
a possession mentioned in subsection (5)(d). |
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(7) |
A statutory instrument containing— |
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(a) |
an Order in Council which
relates only to the Supplementary Fund |
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Protocol (not being an Order
which extends only to a possession |
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mentioned in subsection (5)(d)),
or |
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(b) |
an order made by virtue of
subsection (4)(b), |
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is
subject to annulment in pursuance of a resolution of either House
of |
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(8) |
In this section “Order
in Council” means an Order in Council under subsection |
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40 |
2 |
Power
to give effect to Annex VI of the MARPOL Convention |
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(1) |
Section 128 of the Merchant
Shipping Act 1995 (prevention of pollution from |
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ships etc) is amended as
follows. |
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(2) |
In subsection (1), after
paragraph (d) there is inserted— |
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“(da) |
the Protocol to amend the
Convention for the Prevention of |
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Pollution
from Ships signed in London on 26 September 1997 |
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(which
added to it Annex VI containing regulations for the |
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prevention
of air pollution from ships);”. |
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(3) |
In subsections (1)(e), (5)
and (9)(a) for “(d)” there is substituted “(da)”. |
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3 |
Limitation
period for claims against the International Fund |
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In section 178(1) of the
Merchant Shipping Act 1995 (c. 21)
(extinguishment of |
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claims), for “claim
against the Fund arose” there is substituted “damage
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4 |
Short
title, commencement and extent |
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(1) |
This Act may be cited as
the Merchant Shipping (Pollution) Act 2005. |
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(2) |
Sections 1(2)(b)
and 3
come into force at the end of the period of two months |
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beginning with the day on
which this Act is passed. |
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(3) |
The amendment made by section
3
is capable of being extended to any relevant |
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British possession under
section 315 of the Merchant Shipping
Act 1995. |
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(4) |
Nothing
in this Act shall impose any charge on the people or on public
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funds,
or vary the amount or incidence of or otherwise alter any such
charge |
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in
any manner, or affect the assessment, levying, administration
or |
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application
of any money raised by any such charge. |
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