{
  "url": "https://openlegislation.uk/merchant-shipping-act-1995-amendment-order-2016/note",
  "json_url": "https://openlegislation.uk/merchant-shipping-act-1995-amendment-order-2016/note.json",
  "legislation": "uksi/2016/1061",
  "legislation_title": "The Merchant Shipping Act 1995 (Amendment) Order 2016",
  "legislation_url": "https://openlegislation.uk/merchant-shipping-act-1995-amendment-order-2016",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Order)\nThis Order amends the Merchant Shipping Act 1995 (c.21) (“the Act”).\nArticle 2 of the Order amends section 164(1A) of the Act, which makes provision for the issue by the Secretary of State of a certificate where there is in force insurance or other security satisfying Article 7 of the International Convention on Civil Liability for Bunker Oil Pollution Damage 2001. The effect of the amendment, which also inserts a new subsection (2A) into that section, is that the Secretary of State will have discretion as to the issue of such certificates to the owners of ships which are not United Kingdom ships.\nArticle 3 of the Order substitutes a new paragraph 1 into Article 6 in Part 1 of Schedule 7 to the Act. Schedule 7 sets out the provisions of the Convention on Limitation of Liability for Maritime Claims 1976 (“the LLMC Convention”) as amended by the Protocol of 1996 to amend the Convention on Limitation of Liability for Maritime Claims, 1976 (“the Protocol”).\nAmendments to increase the limits of liability under the LLMC Convention were adopted in 2012 in accordance with the procedure under article 8.4 of the Protocol and entered into force eighteen months later on 8th June 2015, as provided by article 8.7 of the Protocol.\nThe amended schedule incorporates the new higher general limits on claims for loss of life, personal injury and claims, other than passenger claims. Article 3 also adds new provisions which will have the effect that the limits will automatically be increased, but not reduced, when future changes to the limits in the LLMC Convention have effect.\nCopies of the International Convention on Civil Liability for Bunker Oil Pollution Damage 2001, the LLMC Convention and the Protocol can be obtained from the International Maritime Organization at 4 Albert Embankment, London SE1 7SR, www.imo.org/publications.\nAn impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is published with the Explanatory Memorandum alongside this instrument on www.legislation.gov.uk.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2016/1061/note",
    "retrieved_at": "2026-10-28T23:18:31.176866+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}