UKPGA-1994-28 Merchant Shipping (Salvage and Pollution) Act 1994 (repealed 1.1.1996) UK

the word “1984” shall be omitted from the section 4A(1) of the 1974 Act and the paragraph 4(a) and (d) constituting Schedule 1 to the 1974 Act as respectively inserted and substituted by Part II of Schedule 4 to the 1988 Act; and

paragraph 18 of Schedule 4 to the Merchant Shipping (Registration, etc.) Act 1993 (which provides that section 34 of and Schedule 4 to the 1988 Act shall not have effect) is hereby repealed and the entry for Schedule 4 to the 1988 Act shall be deemed not to have been included in Part II of Schedule 5 to the 1993 Act (pre-consolidation repeals).

for provisions of the1971 Act or the1974 Act to have effect—

for any such provisions to have effect (whether as amended by that Schedule or not) subject to such modifications as are so specified.

the Protocol of 1992 to amend the International Convention on Civil Liability for Oil Pollution Damage 1969 signed in London on 27th November 1992; and

the Protocol of 1992 to amend the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1971 signed in London on 27th November 1992.

for subsection (1), there shall be inserted the following subsection—; and

subsection (3) shall be omitted.

the acquisition, maintenance, use and disposal of ships, aircraft, equipment and other property;

the provision of services, including research, training and advice;

the giving of assistance to any other State or international institution under any international agreement relating to the prevention, reduction or control of marine pollution; and

any other functions exercisable on his behalf at the commencement of this section by the Marine Pollution Control Unit.

any expenses incurred by the Secretary of State under this Act; and

any increase attributable to this Act in the sums payable out of money so provided under any other Act.

For the purpose of this Convention—(a) Salvage operation means any act or activity undertaken to assist a vessel or any other property in danger in navigable waters or in any other waters whatsoever.(b) Vessel means any ship or craft, or any structure capable of navigation.(c) Property means any property not permanently and intentionally attached to the shoreline and includes freight at risk.(d) Damage to the environment means substantial physical damage to human health or to marine life or resources in coastal or inland waters or areas adjacent thereto, caused by pollution, contamination, fire, explosion or similar major incidents.(e) Payment means any reward, remuneration or compensation due under this Convention.(f) Organisation means the International Maritime Organisation.(g) Secretary-General means the Secretary-General of the Organisation.

This Convention shall apply whenever judicial or arbitral proceedings relating to matters dealt with in this Convention are brought in a State Party.

This Convention shall not apply to fixed or floating platforms or to mobile offshore drilling units when such platforms or units are on location engaged in the exploration, exploitation or production of sea-bed mineral resources.

Without prejudice to article 5, this Convention shall not apply to warships or other non-commercial vessels owned or operated by a State and entitled, at the time of salvage operations, to sovereign immunity under generally recognised principles of international law unless that State decides otherwise.

Where a State Party decides to apply the Convention to its warships or other vessels described in paragraph 1, it shall notify the Secretary-General thereof specifying the terms and conditions of such application.

This Convention shall not affect any provisions of national law or any international convention relating to salvage operations by or under the control of public authorities.

Nevertheless, salvors carrying out such salvage operations shall be entitled to avail themselves of the rights and remedies provided for in this Convention in respect of salvage operations.

This Convention shall apply to any salvage operations save to the extent that a contract otherwise provides expressly or by implication.

The master shall have the authority to conclude contracts for salvage operations on behalf of the owner of the vessel. The master or the owner of the vessel shall have the authority to conclude such contracts on behalf of the owner of the property on board the vessel.

A contract or any terms thereof may be annulled or modified if—(a) the contract has been entered into under undue influence or the influence of danger and its terms are inequitable; or(b) the payment under the contract is in an excessive degree too large or too small for the services actually rendered.

The salvor shall owe a duty to the owner of the vessel or other property in danger—

to carry out the salvage operations with due care;

in performing the duty specified in subparagraph (a), to exercise due care to prevent or minimise damage to the environment;

whenever circumstances reasonably require, to seek assistance from other salvors; and

to accept the intervention of other salvors when reasonably requested to do so by the owner or master of the vessel or other property in danger; provided however that the amount of his reward shall not be prejudiced should it be found that such a request was unreasonable.

The owner and master of the vessel or the owner of other property in danger shall owe a duty to the salvor—

to co-operate fully with him during the course of the salvage operations;

in so doing, to exercise due care to prevent or minimise damage to the environment; and

when the vessel or other property has been brought to a place of safety, to accept redelivery when reasonably requested by the salvor to do so.

Nothing in this Convention shall affect the right of the coastal State concerned to take measures in accordance with generally recognised principles of international law to protect its coastline or related interests from pollution or the threat of pollution following upon a maritime casualty or acts relating to such a casualty which may reasonably be expected to result in major harmful consequences, including the right of a coastal State to give directions in relation to salvage operations.

Every master is bound, so far as he can do so without serious danger to his vessel and persons thereon, to render assistance to any person in danger of being lost at sea.

The States Parties shall adopt the measures necessary to enforce the duty set out in paragraph 1.

A State Party shall, whenever regulating or deciding upon matters relating to salvage operations such as admittance to ports of vessels in distress or the provision of facilities to salvors, take into account the need for co-operation between salvors, other interested parties and public authorities in order to ensure the efficient and successful performance of salvage operations for the purpose of saving life or property in danger as well as preventing damage to the environment in general.

Salvage operations which have had a useful result give right to a reward.

Except as otherwise provided, no payment is due under this Convention if the salvage operations have had no useful result.

The reward shall be fixed with a view to encouraging salvage operations, taking into account the following criteria without regard to the order in which they are presented below—

the salved value of the vessel and other property;

the skill and efforts of the salvors in preventing or minimising damage to the environment;

the measure of success obtained by the salvor;

the nature and degree of the danger;

the skill and efforts of the salvors in salving the vessel, other property and life;

the time used and expenses and losses incurred by the salvors;

the risk of liability and other risks run by the salvors or their equipment;

the promptness of the services rendered;

the availability and use of vessels or other equipment intended for salvage operations;

the state of readiness and efficiency of the salvor’s equipment and the value thereof.

Payment of a reward fixed according to paragraph 1 shall be made by all of the vessel and other property interests in proportion to their respective salved values. However, a State Party may in its national law provide that the payment of a reward has to be made by one of these interests, subject to a right of recourse of this interest against the other interests for their respective shares. Nothing in this article shall prevent any right of defence.

If the salvor has carried out salvage operations in respect of a vessel which by itself or its cargo threatened damage to the environment and has failed to earn a reward under article 13 at least equivalent to the special compensation assessable in accordance with this article, he shall be entitled to special compensation from the owner of that vessel equivalent to his expenses as herein defined.

If, in the circumstances set out in paragraph 1, the salvor by his salvage operations has prevented or minimised damage to the environment, the special compensation payable by the owner to the salvor under paragraph 1 may be increased up to a maximum of 30 per cent. of the expenses incurred by the salvor. However, the tribunal, if it deems it fair and just to do so and bearing in mind the relevant criteria set out in article 13, paragraph 1, may increase such special compensation further, but in no event shall the total increase be more than 100 per cent. of the expenses incurred by the salvor.

The total special compensation under this article shall be paid only if and to the extent that such compensation is greater than any reward recoverable by the salvor under article 13.

If the salvor has been negligent and has thereby failed to prevent or minimise damage to the environment, he may be deprived of the whole or part of any special compensation due under this article.

Nothing in this article shall affect any right of recourse on the part of the owner of the vessel.

The apportionment of a reward under article 13 between salvors shall be made on the basis of the criteria contained in that article.

The apportionment between the owner, master and other persons in the service of each salving vessel shall be determined by the law of the flag of that vessel. If the salvage has not been carried out from a vessel, the apportionment shall be determined by the law governing the contract between the salvor and his servants.

No remuneration is due from persons whose lives are saved, but nothing in this article shall affect the provisions of national law on this subject.

A salvor of human life, who has taken part in the services rendered on the occasion of the accident giving rise to salvage, is entitled to a fair share of the payment awarded to the salvor for salving the vessel or other property or preventing or minimising damage to the environment.

No payment is due under the provisions of this Convention unless the services rendered exceed what can be reasonably considered as due performance of a contract entered into before the danger arose.

A salvor may be deprived of the whole or part of the payment due under this Convention to the extent that the salvage operations have become necessary or more difficult because of fault or neglect on his part or if the salvor has been guilty of fraud or other dishonest conduct.

Services rendered notwithstanding the express and reasonable prohibition of the owner or master of the vessel or the owner of any other property in danger which is not and has not been on board the vessel shall not give rise to payment under this Convention.

Nothing in this Convention shall affect the salvor’s maritime lien under any international convention or national law.

The salvor may not enforce his maritime lien when satisfactory security for his claim, including interest and costs, has been duly tendered or provided.

Upon the request of the salvor a person liable for a payment due under this Convention shall provide satisfactory security for the claim, including interest and costs of the salvor.

Without prejudice to paragraph 1, the owner of the salved vessel shall use his best endeavours to ensure that the owners of the cargo provide satisfactory security for the claims against them including interest and costs before the cargo is released.

The salved vessel and other property shall not, without the consent of the salvor, be removed from the port or place at which they first arrive after the completion of the salvage operations until satisfactory security has been put up for the salvor’s claim against the relevant vessel or property.

The tribunal having jurisdiction over the claim of the salvor may, by interim decision, order that the salvor shall be paid on account such amount as seems fair and just, and on such terms including terms as to security where appropriate, as may be fair and just according to the circumstances of the case.

In the event of an interim payment under this article the security provided under article 21 shall be reduced accordingly.

Any action relating to payment under this Convention shall be time-barred if judicial or arbitral proceedings have not been instituted within a period of two years. The limitation period commences on the day on which the salvage operations are terminated.

The person against whom a claim is made may at any time during the running of the limitation period extend that period by a declaration to the claimant. This period may in the like manner be further extended.

The right of the salvor to interest on any payment due under this Convention shall be determined according to the law of the State in which the tribunal seized of the case is situated.

Unless the State owner consents, no provision of this Convention shall be used as a basis for the seizure, arrest or detention by any legal process of, nor for any proceedings in rem against, non-commercial cargoes owned by a State and entitled, at the time of the salvage operations, to sovereign immunity under generally recognised principles of international law.

No provision of this Convention shall be used as a basis for the seizure, arrest or detention of humanitarian cargoes donated by a State, if such State has agreed to pay for salvage services rendered in respect of such humanitarian cargoes.

States Parties shall encourage, as far as possible and with the consent of the parties, the publication of arbitral awards made in salvage cases.

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.

to a salvage operation which takes place in inland waters of the United Kingdom and in which all the vessels involved are of inland navigation; and

to a salvage operation which takes place in inland waters of the United Kingdom and in which no vessel is involved.

In fixing a reward under article 13 and assessing special compensation under article 14 the court or arbitrator (or, in Scotland, arbiter) is under no duty to fix a reward under article 13 up to the maximum salved value of the vessel and other property before assessing the special compensation to be paid under article 14.

services are rendered wholly or in part in United Kingdom waters in saving life from a vessel of any nationality or elsewhere in saving life from any United Kingdom ship; and

either—

References in the Convention to judicial proceedings are references to proceedings—and any reference to the tribunal having jurisdiction (so far as it refers to judicial proceedings) shall be construed accordingly.

in England and Wales, in the High Court or the county court;

in Scotland, in the Court of Session or in the sheriff court;

in Northern Ireland, in the High Court;

In section 8(1) of the Crown Proceedings Act 1947, for the words “the provisions of this Act” there shall be substituted the words “ section 29 (so far as consistent with the International Convention on Salvage, 1989 as set out in Schedule 1 to the Merchant Shipping (Salvage and Pollution) Act 1994) ” and for the words “five hundred and fifty-four” there shall be substituted the words “ five hundred and fifty-three ”.

in subsection (2) for paragraph (c) there shall be substituted the following paragraphs—; and

after subsection (7) there shall be added the following subsection—

In Schedule 4 to the Merchant Shipping Act 1979, in Part II, in paragraph 4, there shall be inserted the following as sub-paragraph (1)—; and sub-paragraphs (1) and (2) shall become sub-paragraphs (2) and (3) of that paragraph.

After section 1 of the 1971 Act there shall be inserted the following section—

After section 2 of the 1971 Act there shall be inserted the following section—

After section 3 of the 1971 Act there shall be inserted the following section—

In section 9 (extinguishment of claims), after the words “section 1” there shall be inserted the words “ or 1A ”.

In section 15 (liability for cost of preventive measures where section 1 does not apply)—

subsection (1) shall be omitted; and

in subsection (2), for the words “this section” there shall be substituted the words “ section 1A of this Act ”.

In section 20(2) (interpretation of references to the owner of a ship)—

after the words “in a ship” there shall be inserted the words “ , or from a relevant threat of contamination, ”; and

at the end, there shall be inserted the words “ or (as the case may be) in the threat of contamination ”.

In section 1(2) of the 1971 Act (liability for threat of oil pollution), for the words “contamination resulting from” there shall be substituted the words “ the contamination which might result if there were ”.

After section 1 of the 1971 Act there shall be inserted the following section—

In section 2 (exceptions from liability), after the words “section 1” there shall be inserted the words “ or 1A ”.

In section 3 (restriction of liability)—

in subsection (1)—

in subsection (2)(e), after the words “section 1” there shall be inserted the words “ or 1A ”; and

in subsection (3), after the words “section 1” there shall be inserted the words “ or 1A ”

In section 9 (extinguishment of claims), after the words “section 1” there shall be inserted the words “ or 1A ”.

In section 13 (jurisdiction of United Kingdom courts, etc.)—

in subsection (2)(b), for the words from “damage” to the end there shall be substituted the words “ such damage in the area of the United Kingdom ”; and

in subsection (2A)(b), for the words from “damage” to the end there shall be substituted the words “ such damage in the area of another Convention country ”.

In section 15 (liability for cost of preventive measures where section 1 does not apply)—

subsections (1), (1A) and (1B) shall be omitted; and

in subsection (2), for the words “this section” there shall be substituted the words “ section 1A of this Act ”.

In section 20(1) (definitions), in the definition of “ship”, after the word “ship” there shall by inserted the words “ (subject to section 1A(5)) ”.

The section 1A inserted by Part II shall be substituted for the section 1A inserted by Part I.

The section 2A inserted by Part I shall cease to have effect.

The section 3A inserted by Part I shall cease to have effect.

The reference to section 1A inserted in section 9 and in section 15 shall be construed as referring to the section 1A substituted by Part II for the section 1A inserted by Part I, and the omission in section 15 of subsection (1) by Part II shall be treated as effected by the corresponding omission by Part I.