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2004 No. 3041
MERCHANT SHIPPING
Merchant Shipping (Oil Pollution and General Provisions) (Isle of Man) Order 2004
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Made |
17th November 2004 | |
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Coming into force |
17th December 2004 | |
At the Court at Buckingham Palace, the 17th day of November
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, in exercise of the powers conferred upon Her by section 315(2) of the Merchant Shipping Act 1995[1], is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:
Citation and commencement
1.
This Order may be cited as the Merchant Shipping (Oil Pollution and General Provisions) (Isle of Man) Order 2004 and shall come into force on 17th December 2004.
Revocations
2.
The following Orders are hereby revoked -
(a) The Merchant Shipping (Oil Pollution) Act 1971 (Isle of Man) Order 1981[2]; and
(b) The Merchant Shipping Act 1974 (Isle of Man) Order 1981[3].
A.K.Galloway
Clerk of the Privy Council
EXPLANATORY NOTE
(This note is not part of the Order)
The International Convention on Civil Liability for Oil Pollution Damage 1969 (the CLC), which was extended to the Isle of Man by the Merchant Shipping (Oil Pollution) Act 1971 (Isle of Man) Order 1981 (the 1981 Liability Order), provides uniform rules and procedures for determining questions of liability and for awarding compensation when damage is caused by pollution resulting from the escape or discharge of oil from ships.
The International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1971 (the Fund Convention) which was extended to the Isle of Man by the Merchant Shipping Act 1974 (Isle of Man) Order 1981 (the 1981 Compensation Order), set up an international fund to provide a supplementary system for compensation and indemnification for such damage.
The 1992 Protocol to the CLC and the 1992 Protocol to the Fund Convention respectively created a new 1992 Civil Liability Convention and 1992 Fund Convention, which together provided for higher levels of compensation and more extensive liability. The 1992 Protocols were given effect in the Isle of Man by local legislation but the 1981 Liability Order and the 1981 Compensation Order were not revoked when the local legislation was enacted. This Order now revokes the 1981 Orders.
Notes:
[1]
1995 c.21.back
[2]
S.I. 1981/433.back
[3]
S.I. 1981/1111.back
ISBN
0 11050356 2
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© Crown copyright 2004 |
Prepared
25 November 2004
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