Paragraph 7

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

sch. para. 18A inserted by Nuclear Installations (Guernsey) (Variation) 1985
sch. para. 20 amended by Nuclear Installations (Guernsey) (Variation) 1985
sch. para. 20A inserted by Nuclear Installations (Guernsey) (Variation) 1985
sch. para. 23 amended by Nuclear Installations (Guernsey) (Variation) 1985
sch. para. 39A inserted by Nuclear Installations (Guernsey) (Variation) 1985
sch. para. 39B inserted by Nuclear Installations (Guernsey) (Variation) 1985

In section 13—

(a)

subsections (1) to (3) shall be omitted;

(b)

in subsection (4)—

(i)

the words “7, 8 and 9,” shall be omitted;

(ii)

in paragraph (a) for the words “the United Kingdom” there shall be substituted the word “Guernsey”;

(iii)

in paragraph (b) after the word “shall” there shall be inserted the words “subject to section 16(2) of this Act”;

(c)

for subsection (5) there shall be substituted the following subsection:—

“(5)

Where, in the case of an occurrence which constitutes a breach of the duty imposed by section 10 of this Act, a person other than the person subject to that duty makes any payment in respect of injury or damage caused by that occurrence and—

(a)

the payment is made in pursuance of any of the following five international Conventions, that is to say, the draft Convention (setting out rules relating to bills of lading) of the International Conference on Maritime Law held at Brussels in October 1922, as amended in October 1923, the Convention for the unification of certain rules relating to international carriage by air concluded at Warsaw on 12th October 1929, the Warsaw Convention as amended at the Hague in 1955, the Convention Supplementary to the Warsaw Convention held at Guadalajara in 1961 for the unification of certain rules relating to international carriage by air performed by a person other than the contracting carrier and the Convention on the Contract for the international carriage of goods by road signed at Geneva on 19th May 1956, or

(b)

the injury or damage was incurred in a country which is not a relevant territory and the payment is made by virtue of a law of that country and by a person who has his principal place of business in a relevant territory or is acting on behalf of such a person,

the person making the payment may make the like claim under this Act for compensation of the like amount, if any, not exceeding the amount of the payment made by him as would have been available to him if the injury in question had been suffered by him, or as the case may be, the property suffering the damage in question had been his.”;

(d)

in subsection (6) the words “7, 8, 9 or” shall be omitted.