HC Deb 15 April 1994 vol 241 c539

3A.—(1) Where, as a result of any occurrence—

  1. (a) any oil is discharged or escapes from a ship to which section 1A of this Act applies, or
  2. (b) there arises a relevant threat of contamination,
then, whether or not the owner of the ship in question incurs a liability under section 1A of this Act—
  1. (i) he shall not be liable otherwise than under that section for any such damage or cost as is mentioned in it, and
  2. (ii) no person to whom this paragraph applies shall be liable for any such damage or cost unless it resulted from anything done or omitted to be done by him either with intent by him to cause any such damage or cost or recklessly and in the knowledge that any such damage or cost would probably result.

(2) Subsection (1)(ii) of this section applies to—

  1. (a) any servant or agent of the owner of the ship;
  2. (b) any person not falling within paragraph (a) above but employed or engaged in any capacity on board the ship or to perform any service for the ship;
  3. (c) any charterer of the ship (however described and including a bareboat charterer), and any manager or operator of the ship;
  4. (d) any person performing salvage operations with the consent of the owner of the ship or on the instructions of a competent public authority;
  5. (e) any person taking any such measures as are mentioned in subsection (1)(b) or (2)(a) of section lA of this Act;
  6. (f) any servant or agent of a person falling within paragraph (c), (d) or (e) above.

(3) The liability of the owner of a ship under section lA of this Act for any impairment of the environment shall be taken to be a liability only in respect of—

  1. (a) any resulting loss of profits, and
  2. (b) the cost of any reasonable measures of reinstatement actually taken or to be taken."

4. In section 9 (extinguishment of claims), after the words "section 1" there shall be inserted the words "or 1A."

5. In section 15 (liability for cost of preventive measures where section 1 does not apply)—

  1. (a) subsection (1) shall be omitted; and
  2. (b) in subsection (2), for the words "this section" there shall be substituted the words "section 1A of this Act."

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