Paragraph 2

Not yet in force

(1)

Sub-paragraphs (2) and (3) have effect in any case where—

(a)

paragraph 1, and

(b)

the provisions set out in Schedule 7 to the Merchant Shipping Act 1995 (Convention on Limitation of Liability for Maritime Claims 1976),

would apply in relation to any liability under section 2 or 3.

(2)

If the application of paragraph 1 would produce the result that the amount for which a person is liable under sections 2 and 3 is lower than that for which the person would otherwise be liable, paragraph 1 does not apply.

(3)

If the application of the provisions referred to in sub-paragraph (1)(b) would produce the result that the amount for which a person is liable under sections 2 and 3 is lower than that for which the person would otherwise be liable, those provisions do not apply.