The Merchant Shipping (Indemnification of Shipowners) Order 1987

Made: 17th February 1987

Laid before Parliament: 27th February 1987

Coming into force: 1st May 1987

The Secretary of State for Transport, in exercise of powers conferred on him by section 5(4)(a) and (6) of the Merchant Shipping Act 1974[^f00001] (hereinafter called“the Act”) and of all other powers enabling him in that behalf, hereby makes the following Order:

1

• (1) This Order may be cited as the Merchant Shipping (Indemnification of Shipowners) Order 1987 and shall come into force on 1st May 1987.

• (2) The Merchant Shipping (Indemnification of Shipowners) Order 1985[^f00002] and the Merchant Shipping (Indemnification of Shipowners) (Amendment) Order 1986[^f00003] are hereby revoked.

2

The requirements prescribed for the purpose of section 5(4) of the Act, being those which appear to the Secretary of State appropriate to implement the provisions of Article 5(3) of the Fund Convention, are those contained in:

• (a) Chapters II and III of Annex I to the International Convention for the Prevention of Pollution from Ships 1973[^f00004] as amended by the Protocol of 1978 relating thereto[^f00005];

• (b) Chapters II—1, II—2, IV and V of the Annex to the International Convention for the Safety of Life at Sea 1974[^f00006] (“SOLAS”) as amended by the Protocol of 1978 relating thereto[^f00007] and as amended by the amendments adopted on 20th November 1981 and 17th June 1983 respectively by the Maritime Safety Committee of the International Maritime Organization at its 45th and 48th Sessions[^f00008];

• (c) Annex I to the International Convention on Load Lines 1966[^f00009];

• (d) the International Regulations for Preventing Collisions at Sea 1972[^f00010] (“the Collision Regulations”).

3

The requirements of the amendments to the Collision Regulations adopted on 19th November 1981 by the Assembly of the International Maritime Organization at its Twelfth Session by resolution A464[^f00011] are prescribed as alternatives to the requirements of the Collision Regulations prescribed in article 2.

Signed

Signed by the authority of the Secretary of State

Michael Spicer — Parliamentary Under-Secretary of State, — Department of Transport — 17th February 1987

Explanatory note

(This note is not part of the Order)

This Order revokes, and replaces with an amendment, the Merchant Shipping (Indemnification of Shipowners) Order 1985, as amended.

The amendment (which appears in article 2(b) of the Order) is to include the amendments made in 1983 to the Safety of Life at Sea Convention 1974, among the Conventions with which a shipowner must comply if he is to get indemnification in the circumstances set out in article 5 of the Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1971.

Footnotes

[^f00001]: 1974 c. 43.

[^f00002]: S.I. 1985/1665, amended by S.I. 1986/296.

[^f00003]: S.I. 1986/296.

[^f00004]: Cmnd. 5748.

[^f00005]: Cmnd. 7347.

[^f00006]: Cmnd. 7874.

[^f00007]: Cmnd. 7346.

[^f00008]: Set out in the IMO Publications “Amendments to the International Convention for the Safety of Life at Sea” (Sales No. 092 82.01.E) and “The 1983 Amendments to the International Convention for the Safety of Life at Sea: Volume 1” (Sales No. 096 83.10.E).

[^f00009]: Cmnd. 3070.

[^f00010]: Cmnd. 5471.

[^f00011]: Cmnd. 8500.