Article 10 Proceedings concerning the International Oil Pollution Compensation Fund

In Rule 2(1), the word “and” at the end of sub-paragraph (a) shall be deleted and the following words shall be inserted after sub-paragraph (b):—

“and (c) every action to enforce a claim under section 1 of the Merchant Shipping (Oil Pollution) Act 1971^f1 or section 4 of the Merchant Shipping Act 1974^f2.”..

After rule 2, there shall be inserted the following rule:—

“Proceedings against, or concerning, the International Oil Pollution Compensation Fund

2A

(1)

All proceedings against the International Oil Pollution Compensation Fund (in this rule referred to as “the Fund”) under section 4 of the Merchant Shipping Act 1974 shall be commenced in the Admiralty Registry.

(2)

For the purposes of section 6(2) of the Merchant Shipping Act 1974, any party to proceedings brought against an owner or guarantor in respect of liability under section 1 of the Merchant Shipping (Oil Pollution) Act 1971 may give notice to the Fund of such proceedings by serving a notice in writing on the Fund together with a copy of the writ and copies of the pleadings (if any) served in the action.

(3)

The Court shall, on the application made ex parte by the Fund, grant leave to the Fund to intervene in any proceedings to which the preceding paragraph applies, whether notice of such proceedings has been served on the Fund or not, and paragraphs (3) and (4) of rule 17 shall apply to such an application.

(4)

Where judgment is given against the Fund in any proceedings under section 4 of the Merchant Shipping Act 1974, the registrar shall cause a stamped copy of the judgment to be sent by post to the Fund.

(5)

The Fund shall notify the registrar of the matters set out in section 4(12)(b) of the Merchant Shipping Act 1974 by a notice in writing, sent by post to, or delivered at, the registry.”.