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Section 7 Concurrent liabilities of owners and others.

United Kingdom

F1Where, as a result of any discharge or escape of persistent oil from a ship, the owner of the ship incurs a liability under section 1 of this Act and any other person incurs a liability, otherwise than under that section, for any such damage or cost as is mentioned in subsection (1) of that section,Where, as a result of any discharge or escape of oil from a ship or as a result of any relevant threat of contamination, the owner of a ship incurs a liability under section 1 of this Act and any other person incurs a liability, otherwise than under that section, for any such damage or cost as is mentioned in subsection (1) or (2) of that section, then, if—

(a)

the owner has been found, in proceedings under section 5 of this Act, to be entitled to limit his liability to any amount and has paid into court a sum not less than that amount; and

(b)

the other person is entitled to limit his liability in connection with the ship by virtue of F2the M1Merchant Shipping Act 1979;

no proceedings shall be taken against the other person in respect of his liability, and if any such proceedings were commenced before the owner paid the sum into court, no further steps shall be taken in the proceedings except in relation to costs.

Annotations

Textual amendments

F1

Words commencing “Where, as a result of any discharge or escape of oil” substituted (prosp.) for words commencing “Where, as a result of any discharge or escape of any persistent oil” by Merchant Shipping Act 1988 (c. 12, SIF 111), ss. 34, 58(2), Sch. 4 Pt. I para. 6, (with s. 58(4), Sch. 8 para. 1) (which (prosp.) substitution fell (1.5.1994) by the repeal of 1988 c. 12, s. 34, Sch. 4 by 1993 c. 22, s. 8(4), Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2), Sch.2)

F2

Words substituted by Merchant Shipping Act 1979 (c. 39), ss. 19(4), 52(2), Sch. 5 para. 6(1)

Marginal citations

M1

1979 c. 39.

Notes on the whole Act

Textual amendments

F1

Act repealed (1.1.1996) by 1995 c. 21, ss. 314(1), 316(2), Sch. 12; (with s. 312(1), Sch. 14 para. 1)