Paragraph 9 Modification of limitation of liability under Act of 1971

In the Act of 1971 after section 8 there shall be inserted the following section—

“Cases excluded from sections 4 to 8

8A

(1)

Sections 4 to 8 of this Act shall not apply to a ship which at the time of the discharge or escape was registered in a country—

(a)

which was not a Convention country, and

(b)

which was a country in respect of which the 1957 Convention was in force.

(2)

In this section ‘the 1957 Convention’ means the International Convention relating to the Limitation of the Liability of Owners of Seagoing Ships signed in Brussels on 10th October 1957.

(3)

If Her Majesty by Order in Council made under this subsection as it applies in the United Kingdom declares that any country—

(a)

is not a Convention country within the meaning of this Act, and

(b)

is a country in respect of which the 1957 Convention is in force,

or that it was such a country at a time specified in the Order, the Order shall, while in force, be conclusive evidence of the facts stated in the Order”