Article 16

In Order 75—

(1)

in the definition of “limitation action” in rule 1(2) for “1970” there shall be substituted “1971”;

(2)

rule 5 shall be amended as follows:—

(a)

in paragraph (4) for the words “and (9)” there shall be substituted the words “(9) and (11)”;

(b)

in paragraph (5) after the word “court” there shall be inserted the words “or where notice has been given under paragraph (11)”;

(c)

in paragraph (9) for the word “annexed” there shall be substituted the word “exhibited”;

(d)

the following paragraph shall be added after paragraph (10):—

“(11)

Where, by any convention or treaty, the United Kingdom has undertaken to minimise the possibility of arrest of ships of another State, no application shall be made for the issue of a warrant of arrest in an action in rem against a ship owned by that State until notice in Form No. 15 in Appendix B has been served on a consular officer at the consular office of that State in London or the port at which it is intended to cause the ship to be arrested.

In a case to which this paragraph applies the affidavit required by paragraph (4) shall state that the notice required by this paragraph has been served and a copy of the notice shall be exhibited to the affidavit.”;

(3)

in rule 8(3) for the words from “then, if the plaintiff” to “effected by the marshal, he” there shall be substituted the words “the plaintiff may request service of the writ to be effected by the marshal if, but only if, a warrant of arrest has been issued for service against the property or the property is under arrest, and in that case the plaintiff”.