# The Merchant Shipping (Liability and Compensation for Oil Pollution Damage) (Transitional Provisions) Order 1996, Chapter Article 36 bis


The following transitional provisions shall apply from the date of entry into force of the Merchant Shipping (Liability and Compensation for Oil Pollution Damage) (Transitional Provisions) Order 1996 to the date on which the Order ceases to have effect:
(b) Where an incident has caused pollution damage within the scope of sections 172 to 181 of the Act, the Fund shall pay compensation to any person suffering pollution damage only if, and to the extent that, such person has been unable to obtain full and adequate compensation for the damage under the terms of sections 152 to 170 of the Act as set out in Schedule 4 to the Act, sections 172 to 181 of the Act as set out in the said Schedule 4 and sections 152 to 170 of the Act, provided that, in respect of a Party to this Convention but not a Party to the 1971 Fund Convention, the Fund shall pay compensation to any person suffering pollution damage only if, and to the extent that, such person would have been unable to obtain full and adequate compensation had that State been Party to each of the 1969 Liability Convention, the 1992 Liability Convention and the 1971 Fund Convention.
(c) In the application of Part I of Schedule 5 to the Act the amount to be taken into account in determining the aggregate amount of compensation payable by the Fund shall also include the amount of compensation actually paid under the sections 152 to 170 of the Act as set out in Schedule 4 to the Act, if any, and the amount of compensation actually paid or deemed to have been paid under sections 172 to 181 of the Act as set out in Schedule 4.
(d) Section 179(1) of the Act shall also apply to the rights enjoyed under sections 152 to 170 of the Act as set out in Schedule 4 to the Act.

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Source: https://www.legislation.gov.uk/uksi/1996/1143/schedule/3/part/1/chapter/2 (the official version)
Page: https://openlegislation.uk/merchant-shipping-liability-and-compensation-for-oil-pollution-damage-transitional-provisions-order-1996/schedule-3/part-1/chapter-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.