Section 157 Limitation of liability under section 153.C1

United Kingdom

(1)

Where, as a result of any occurrence, the F1registered owner of a ship incurs liability under section 153 by reason of a discharge or escape or by reason of any relevant threat of contamination F2falling within subsection (2) of that section, then (subject to subsection (3) below)—

(a)

he may limit that liability in accordance with the provisions of this Chapter, and

(b)

if he does so, his liability (being the aggregate of his liabilities under section 153 resulting from the occurrence) shall not exceed the relevant amount.

(2)

In subsection (1) above, “the relevant amount” means—

(a)

in relation to a ship not exceeding 5,000 tons, F34.51 million special drawing rights;

(b)

in relation to a ship exceeding 5,000 tons, F44.51 million special drawing rights together with an additional F5631 special drawing rights for each ton of its tonnage in excess of 5,000 tons up to a maximum amount of F689.77 million special drawing rights;

but the Secretary of State may by order make such amendments of paragraphs (a) and (b) above as appear to him to be appropriate for the purpose of giving effect to the entry into force of any amendment of the limits of liability laid down in paragraph 1 of Article V of the Liability Convention.

(3)

Subsection (1) above shall not apply in a case where it is proved that the discharge or escape, or (as the case may be) the relevant threat of contamination, resulted from anything done or omitted to be done by the F7registered owner either with intent to cause any such damage or cost as is mentioned in section 153 or recklessly and in the knowledge that any such damage or cost would probably result.

(4)

For the purposes of this section a ship’s tonnage shall be its gross tonnage calculated in such manner as may be prescribed by an order made by the Secretary of State.

(5)

Any such order shall, so far as it appears to the Secretary of State to be practicable, give effect to the regulations in Annex 1 of the International Convention on Tonnage Measurement of Ships 1969.

Annotations

Textual amendments

F1: Words in s. 157(1) substituted (21.11.2008) by The Merchant Shipping (Oil Pollution) (Bunkers Convention) Regulations 2006 (S.I. 2006/1244), regs. 1(2), 11(a) (with reg. 1(5))
F2: Words in s. 157(1) inserted (21.11.2008) by The Merchant Shipping (Oil Pollution) (Bunkers Convention) Regulations 2006 (S.I. 2006/1244), regs. 1(2), 11(a) (with reg. 1(5))
F3: Words in s. 157(2)(a) substituted (1.11.2003) by The Merchant Shipping (Oil Pollution Compensation Limits) Order 2003 (S.I. 2003/2559), arts. 1, 2(2)(a)
F4: Words in s. 157(2)(b) substituted (1.11.2003) by The Merchant Shipping (Oil Pollution Compensation Limits) Order 2003 (S.I. 2003/2559), arts. 1, 2(2)(b)(i)
F5: Word in s. 157(2)(b) substituted (1.11.2003) by The Merchant Shipping (Oil Pollution Compensation Limits) Order 2003 (S.I. 2003/2559), arts. 1, 2(2)(b)(ii)
F6: Words in s. 157(2)(b) substituted (1.11.2003) by The Merchant Shipping (Oil Pollution Compensation Limits) Order 2003 (S.I. 2003/2559), arts. 1, 2(2)(b)(iii)
F7: Words in s. 157(3) substituted (21.11.2008) by The Merchant Shipping (Oil Pollution) (Bunkers Convention) Regulations 2006 (S.I. 2006/1244), regs. 1(2), 11(b) (with reg. 1(5))

Modifications

C1

S. 157 extended (with modifications) to Anguilla (30.11.1997) by S.I. 1997/2580, art. 2, Sch.

S. 157 extended (with modifications) to Bermuda (30.11.1997) by S.I. 1997/2581, art. 2, Sch.

S. 157 extended (with modifications) to the British Antarctic Territory (30.11.1997) by S.I. 1997/2582, art. 2, Sch.

S. 157 extended (with modifications) to the British Indian Ocean Territory (30.11.1997) by S.I. 1997/2583, art. 2, Sch.

S. 157 extended (with modifications) to the Falkland Islands (30.11.1997) by S.I. 1997/2584, art. 2, Sch.

s. 157 extended (with modifications) to the Pitcairn, Henderson, Ducie, and Oneo Islands (30.11.1997) by S.I. 1997/2585, arts. 2, 3, Sch.

s. 157 extended (with modifications) to the Sovereign Base Areas of Akrotiri and Dhekelia (30.11.1997) by S.I. 1997/2587, art. 2, Sch.

s. 157 extended (with modifications) to the South Georgia and the South Sandwich Islands (30.11.1997) by S.I. 1997/2588, art. 2, Sch.

s. 157 extended (with modifications) to the Turks and Caicos Islands (30.11.1997) by S.I. 1997/2589, art. 2, Sch.

s. 157 extended (with modifications) to the Virgin Islands (30.11.1997) by S.I. 1997/2590, art. 2, Sch.

S. 157 extended (with modifications) to Jersey (1.12.1997) by S.I. 1997/2598, arts. 2, 3, Sch. 1

S. 157 extended (with modifications) to Guernsey (11.3.1998) by S.I. 1998/260, arts. 2, 3, Sch. 1

S. 157 extended (with modifications) to the Cayman Islands (20.5.1998) by S.I. 1998/1261, art. 2, Sch.

S. 157 extended (with modifications) to Montserrat (20.5.1998) by S.I. 1998/1262, art. 2, Sch.

S. 157 extended (with modifications) to Saint Helena (20.5.1998) by S.I. 1998/1263, art. 2, Sch.

Notes on Limitation of liability under section 153

Textual amendments

F1: Words in s. 157 cross-heading inserted (21.11.2008) by The Merchant Shipping (Oil Pollution) (Bunkers Convention) Regulations 2006 (S.I. 2006/1244), regs. 1(2), 10 (with reg. 1(5))