Journal de la 1117ème séance plénière du Conseil
S. 6 not in force at Royal Assent see s. 10(4); S. 6(1) (so far as relating to Pt. I of Sch. 3) and (2) in force at 1.10.1994 by S.I. 1994/1988, art. 3, Sch. 2 S. 10 not in force at Royal Assent see s. 10(4); S. 10(1)(2)(4)(5) in force at 28.7.1994 by S.I. 1994/1988, art. 2, Sch. 1; S. 10(3) in force in relation to certain repeals at 1.10.1994 by S.I. 1994/1988, art. 3, Sch. 2 and in relation to certain further repeals at 1.1.1995 by S.I. 1994/2971, art. 2, Sch. Sch. 3 not in force at Royal Assent see s. 10(4); Sch. 3 Pt. I in force at 1.10.1994 by S.I. 1994/1988, art. 3, Sch. 2 Sch. 4 not in force at Royal Assent see s. 10(4); Sch. 4 in force in relation to certain repeals at 1.10.1994 by S.I. 1994/1988, art. 3, Sch. 2; and in force in relation to certain further repeals at 1.1.1995 by S.I. 1994/2971, art. 2, Sch. Act repealed (1.1.1996) by 1995 c. 21, ss. 314(1), 316(2), Sch. 12 (with ss. 312(1), Sch. 14 para. 1) Act repealed (1.1.1996) by 1995 c. 21, ss. 314(1), 316(2), Sch. 12 (with ss. 312(1), Sch. 14 para. 1) 1979 c. 39. 1970 c. 36. 1979 c. 39. 1971 c. 59. 1974 c. 43. 1988 c. 12. 1993 c. 22. 1971 c. 59. 1988 c. 12. 1974 c. 43. 1971 c. 61. 1975 c. 74. 1964 c. 29. 1971 c. 60. 1894 c. 60. 1911 c. 57. 1947 c. 44. 1956 c. 46. 1979 c. 39. 1981 c. 54. 1984 c. 28. S. 10(4) power partly exercised (26.7.1994): 28.7.1994 and 1.10.1994 appointed for specified provisions by S.I. 1994/1988, arts. 2, 3, Schs. 1, 2 S. 10(4) power partly exercised (22.11.1994): 1.1.1995 appointed for specified provisions by S.I. 1994/2971, art. 2, Sch.
The provisions of the International Convention on Salvage, 1989 as set out in Part I of Schedule 1 to this Act (in this section and in Part II of that Schedule referred to as “the Convention”) shall have the force of law in the United Kingdom.
The provisions of Part II of that Schedule shall have effect in connection with the Convention, and subsection (1) above shall have effect subject to the provisions of that Part.
If it appears to Her Majesty in Council that the government of the United Kingdom has agreed to any revision of the Convention She may by Order in Council make such modifications of Parts I and II of Schedule 1 to this Act as She considers appropriate in consequence of the revision.
Nothing in subsection (1) or (2) above or in any modification made by virtue of subsection (3) above shall affect any rights or liabilities arising out of any salvage operations started or other acts done before the day on which this section or, as the case may be, the modification comes into force.
This section may be brought into force before the entry into force of the Convention and as respects any such period any reference in the Convention to a State Party to the Convention shall be read as a reference to the United Kingdom.
The provisions of Schedule 2 to this Act (which make amendments consequential on subsections (1) and (2) above) shall have effect; but nothing in any such amendment shall affect any rights or liabilities arising out of any salvage operations started or other acts done before the day on which the amendment comes into force.
A draft of an Order in Council proposed to be made by virtue of subsection (3) above shall not be submitted to Her Majesty in Council unless the draft has been approved by a resolution of each House of Parliament.
Section 20 of the Merchant Shipping Act 1979 (power by Order in Council to implement international conventions relating to pollution from ships, etc) shall have effect with the insertion in subsection (1), after paragraph (c), of the following paragraph—.
In consequence of the amendment made by subsection (1) above, in subsection (6) of that section for the words “(a) to (c)” there shall be substituted the words “ (a) to (cc) ”.
Section 20 of the Merchant Shipping Act 1979 (power by Order in Council to implement international conventions relating to pollution from ships, etc) shall be amended as follows.
In subsection (3)(a), in the list of enactments there specified, after the entry for the Merchant Shipping Act 1970, there shall be inserted the following entry— “ section 33 of the Merchant Shipping Act 1988 (which relates to investigations of marine accidents); ”.
In subsection (4), after paragraph (a), there shall be inserted the following paragraph—.
After subsection (4), there shall be inserted the following subsections—
After section 20 of the Merchant Shipping Act 1979 there shall be inserted the following section—
For the purpose of enabling effect to be given to the 1992 Protocols, the Merchant Shipping (Oil Pollution) Act 1971 and the Merchant Shipping Act 1974 shall have effect subject to the amendments contained in Parts I and II respectively of Schedule 4 to the Merchant Shipping Act 1988 with the substitution, in the definition in section 19(1) of the1971 Act of “the Convention” and in the definitions in section 1(1) of the1974 Act of “the Liability Convention” and “the Fund Convention”, of “1992” for “1984”.
Accordingly—
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).
Her Majesty may by Order in Council make such provision as appears to Her Majesty to be appropriate i n connection with the implementation of any transitional provisions contained in the 1992 Protocols or the Conventions which they amend; and any such Order may in particular provide, in relation to occurrences of any description specified in the Order—
for provisions of the1971 Act or the1974 Act to have effect—
to such extent as is so specified, as if Schedule 4 to the 1988 Act were not in force, and
to such extent as is so specified, as if that Schedule were in force;
for any such provisions to have effect (whether as amended by that Schedule or not) subject to such modifications as are so specified.
In this section “the 1992 Protocols” means—
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.
The Merchant Shipping (Oil Pollution) Act 1971 shall be amended as provided in Schedule 3 (amendments imposing on other ships liability for oil pollution corresponding to that imposed on tankers).
In Part I of that Schedule “the 1971 Act” means the Merchant Shipping (Oil Pollution) Act 1971 without the amendments made by Part I of Schedule 4 to the Merchant Shipping Act 1988.
In Part II of that Schedule “the 1971 Act” means the Merchant Shipping (Oil Pollution) Act 1971 as amended by Part I of Schedule 4 to the Merchant Shipping Act 1988 (“the 1988 Act”) and section 5 of this Act.
Where the amendments of the 1971 Act made by Part II of Schedule 3 to this Act come into force after the 1971 Act has been amended by Part I of the said Schedule 3, Parts I and II of that Schedule shall have effect with the modifications specified in Part III of that Schedule.
In section 8 of the Merchant Shipping Act 1974 (Acquisition by International Fund of rights of recipients of payments made by the Fund in cases of oil pollution damage)—
for subsection (1), there shall be inserted the following subsection—; and
subsection (3) shall be omitted.
The amendments made by subsection (1) above apply in relation to payments made by the Fund after this section comes into force.
The Secretary of State shall continue to have the functions of taking, or co-ordinating, measures to prevent, reduce and minimise the effects of, marine pollution.
Without prejudice to the generality of subsection (1) above, the functions of the Secretary of State under that subsection include—
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.
Assistance under subsection (2)(c) above shall be given on such terms as will secure reimbursement of the cost of giving the assistance if and to the extent that reimbursement will be practicable in the circumstances.
The Secretary of State may make reasonable charges for the supply of goods or services.
In this section— but no restriction as to the seas to which functions under this section extend is implied as regards the functions mentioned in subsection (2)(c) above.
“marine pollution” means pollution caused by ships, offshore installations or submarine pipelines affecting or likely to affect the United Kingdom or United Kingdom waters or controlled waters;
“marine pollution” means pollution caused by ships, offshore installations or submarine pipelines affecting or likely to affect the United Kingdom or United Kingdom waters or controlled waters;
“offshore installation” means any installation which is maintained for underwater exploitation or exploration to which the Mineral Working (Offshore Installations) Act 1971 applies;
“offshore installation” means any installation which is maintained for underwater exploitation or exploration to which the Mineral Working (Offshore Installations) Act 1971 applies;
“pipeline” has the same meaning as in Part III of the Petroleum and Submarine Pipelines Act 1975 and “submarine” means in, under or over United Kingdom waters or controlled waters;
“United Kingdom waters” means any part of the sea within the seaward limits of United Kingdom territorial waters and “United Kingdom controlled waters” means any part of the sea within the limits of any area designated under section 1(7) of the Continental Shelf Act 1964;
“owner”, in relation to the ship to or in which an accident has occurred, includes its owner at the time of the accident; and
There shall be paid out of money provided by Parliament—
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.
This Act may be cited as the Merchant Shipping (Salvage and Pollution) Act 1994 and the Merchant Shipping Acts 1894 to 1993 and this Act may be cited as the Merchant Shipping Acts 1894 to 1994.
This Act shall be construed as one with the Merchant Shipping Acts 1894 to 1993.
The enactments mentioned in Schedule 4 to this Act are repealed to the extent specified in the third column of that Schedule.
This Act shall come into force on such day as the Secretary of State may appoint by order made by statutory instrument, and different days may be appointed for different provisions.
This Act extends to England and Wales, Scotland and Northern Ireland.
Section 1(1).
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.
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—
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;
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.
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 proceedingsin 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.
The provisions of the Convention do not apply— In this paragraph “inland waters” does not include any waters within the ebb and flow of the tide at ordinary spring tides or the waters of any dock which is directly or (by means of one or more other docks) indirectly, connected with such waters.
The master of a vessel who fails to comply with the duty imposed on him by article 10 paragraph 1 commits an offence and shall be liable— Compliance by the master of a vessel with that duty shall not affect his right or the right of any other person to a payment under the Convention or under any contract.
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.
This paragraph applies where— Where this paragraph applies, the Secretary of State may, if he thinks fit, pay to the salvor such sum or, as the case may be, such additional sum as he thinks fit in respect of the services rendered in saving life. In this paragraph “United Kingdom ship” means a ship registered in the United Kingdom.
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;
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 in respect of a specified country 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 in respect of that country. In this paragraph “country” includes “territory”.
Section 1(6).
The Merchant Shipping Act 1894 shall be amended as follows. Sections 544, 545 and 546 shall cease to have effect. In section 552(4), for “two hundred pounds” there shall be substituted “ £5,0 ”. In section 555, after subsection (2), there shall be inserted the following subsection— Any decision by the court under the foregoing provisions of this section shall be made on the basis of the criteria contained in article 13 of the International Convention on Salvage, 1989 as set out in Part I of Schedule 1 to the Merchant Shipping (Salvage and Pollution) Act 1994.
The Maritime Conventions Act 1911 shall be amended as follows. Sections 6 and 7 shall cease to have effect. In section 8 the words “or in respect of any salvage services” and “or the salvage services were rendered” shall be omitted.
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 ”.
The Administration of Justice Act 1956 shall be amended as follows. In section 47— In section 48, paragraph (e) shall be omitted.
The claims excluded from the Convention by paragraph (a) of article 3 include claims under article 14 of the International Convention on Salvage, 1989 as set out in Part I of Schedule 1 to the Merchant Shipping (Salvage and Pollution) Act 1994 and corresponding claims under a contract.
Section 20 of the Supreme Court Act 1981 shall be amended as follows. In subsection (2), for paragraph (j) there shall be substituted the following paragraph—. For subsection (6), there shall be substituted the following subsection—
Section 27 of the County Courts Act 1984 shall be amended as follows. In subsection (1), for paragraph (f) there shall be substituted the following paragraph—. In subsection (2), for the words “in the nature of salvage” there shall be substituted the words “ falling within paragraph (f) of that subsection ”. For subsection (3), there shall be substituted the following subsection—
Section 6.
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)—
for the words “to which section 1 of this Act applies” there shall be substituted the words “ (whether one to which section 1 of this Act applies or one to which section 1A of this Act applies) ”; and
after the words “under section 1” there shall be inserted the words “ or 1A ”; and
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.
Section 10. Chapter Short title Extent of repeal 1894 c. 60. Merchant Shipping Act 1894. Sections 544, 545 and 546. 1911 c. 57. Maritime Conventions Act 1911. Sections 6 and 7 In section 8 the words “or in respect of any salvage services” and “or the salvage services were rendered”. 1947 c. 44. Crown Proceedings Act 1947. In section 30(1), the words “and the limitation of actions in respect of salvage services”. 1949 c. 43. Merchant Shipping (Safety Convention) Act 1949. In section 22(8), the words from the beginning to “; and”. 1956 c. 46. Administration of Justice Act 1956. In section 48, paragraph (e). 1971 c. 59. Merchant Shipping (Oil Pollution) Act 1971. Section 15(1). 1971 c. 60. Prevention of Oil Pollution Act 1971. In section 12(9), the word “and” at the end of the definition of “accident”. 1974 c. 43. Merchant Shipping Act 1974. Section 8(3). 1988 c. 12. Merchant Shipping Act 1988. In Schedule 4, paragraph 12. In Schedule 4, paragraph 21(b). In Schedule 5, the amendment of section 546 of the Merchant Shipping Act 1894. 1993 c. 22. Merchant Shipping (Registration, etc.) Act 1993. In Schedule 4— paragraph 2(3) the words from “and in section 544” to the end; in paragraph 6(1)(a), the words from “section 544” to “waters)”; in paragraph 6(2) the words from “section 6” to “1911; and”; and paragraph 18.
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.
The extent to which a public authority under a duty to perform salvage operations may avail itself of the rights and remedies provided for in this Convention shall be determined by the law of the State where such authority is situated.
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.
Nothing in this article shall affect the application of article 7 nor duties to prevent or minimise damage to the environment.
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.
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.
The owner of the vessel shall incur no liability for a breach of the duty of the master under paragraph 1.
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.
This chapter shall apply, notwithstanding that the salved vessel and the vessel undertaking the salvage operations belong to the same owner.
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.
The rewards, exclusive of any interest and recoverable legal costs that may be payable thereon, shall not exceed the salved value of the vessel and other property.
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.
Salvor’s expenses for the purpose of paragraphs 1 and 2 means the out-of-pocket expenses reasonably incurred by the salvor in the salvage operation and a fair rate for equipment and personnel actually and reasonably used in the salvage operation, taking into consideration the criteria set out in article 13, paragraph 1(h), (i) and (j).
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.
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.
An action for indemnity by a person liable may be instituted even after the expiration of the limitation period provided for in the preceding paragraphs, if brought within the time allowed by the law of the State where proceedings are instituted.