| 1994 c. 28
- continued
Back
to Schedule
1 |
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SCHEDULE 2 |
| Section
1(6). |
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Salvage:
Consequential and Related Amendments |
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Merchant Shipping Act 1894 |
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1.—(1) The
[1894 c. 60.] Merchant Shipping Act
1894 shall be amended as follows.
(2) Sections 544, 545
and 546 shall cease to have effect.
(3) In section
552(4), for "two hundred pounds" there
shall be substituted "£5,000".
(4) In section 555,
after subsection (2), there shall be inserted the
following subsection—
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"(2A) Any
decision by the receiver under subsection
(2) above shall be made on the basis of
the criteria contained in article 13 of
the International Convention on Salvage,
1989 as set out in Part I of Schedule 1 to
the Merchant Shipping (Salvage and
Pollution) Act 1994." |
(5) In section 556,
at the end, there shall be inserted the following
paragraph—
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"Any decision
by the court under the foregoing
provisions of this section shall be made
on the basis of the criteria contained in
article 13 of the International Convention
on Salvage, 1989 as set out in Part I of
Schedule 1 to the Merchant Shipping
(Salvage and Pollution) Act 1994." |
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Maritime Conventions Act 1911 |
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2.—(1) The
[1911 c. 57.] Maritime Conventions Act
1911 shall be amended as follows.
(2) Sections 6 and 7
shall cease to have effect.
(3) In section 8 the
words "or in respect of any salvage
services" and "or the salvage services
were rendered" shall be omitted. |
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Crown Proceedings Act 1947 |
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3. In
section 8(1) of the [1947 c. 44.]
Crown Proceedings Act 1947, for the words
"the provisions of this Act" there shall
be substituted the words "section 29 (so far
as consistent with the International Convention on
Salvage, 1989 as set out in Schedule 1 to the
Merchant Shipping (Salvage and Pollution) Act
1994)" and for the words "five hundred
and fifty-four" there shall be substituted
the words "five hundred and
fifty-three". |
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Administration of Justice Act 1956 |
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4.—(1) The
[1956 c. 46.] Administration of
Justice Act 1956 shall be amended as follows.
(2) In section 47—
(a) in
subsection (2) for paragraph (c) there shall be
substituted the following paragraphs—
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" (c) the
Salvage Convention, 1989; |
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(ca) any
contract for or in relation to salvage
services;" |
; and
(b) after
subsection (7) there shall be added the
following subsection—
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"(8) In—
(a) paragraph
(c) of subsection (2) above, the
"Salvage Convention, 1989"
means the International Convention on
Salvage 1989 as it has effect under
section 1 of the Merchant Shipping
(Salvage and Pollution) Act 1994;
(b) paragraph
(ca) of that subsection, the reference
to salvage services includes services
rendered in saving life from a ship
and the reference to any claim arising
out of any contract for or in relation
to salvage services includes any claim
arising out of such a contract whether
or not arising during the provision of
such services,
and the claims
mentioned in subsections (2)(c) and (ca)
shall be construed as including claims
available by virtue of section 87 of the
Civil Aviation Act 1982." |
(3) In
section 48, paragraph (e) shall be omitted. |
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Merchant Shipping Act 1979 |
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5. In
Schedule 4 to the [1979 c. 39.]
Merchant Shipping Act 1979, in Part II, in
paragraph 4, there shall be inserted the following
as sub-paragraph (1)—
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"(1) The
claims excluded from the Convention by
paragraph (a) of article 3 include claims
under article 14 of the International
Convention on Salvage, 1989 as set out in
Part I of Schedule 1 to the Merchant
Shipping (Salvage and Pollution) Act 1994
and corresponding claims under a
contract." |
; and sub-paragraphs (1) and
(2) shall become sub-paragraphs (2) and (3) of
that paragraph. |
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Supreme Court Act 1981 |
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6.—(1) Section
20 of the [1981 c. 54.] Supreme Court
Act 1981 shall be amended as follows.
(2) In subsection
(2), for paragraph (j) there shall be substituted
the following paragraph—
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" (j) any
claim—
(i) under the Salvage
Convention 1989;
(ii) under any contract for or
in relation to salvage services; or
(iii) in the nature of salvage
not falling within (i) or (ii) above;
or any corresponding claim in connection
with an aircraft;" |
.
(3) For subsection
(6), there shall be substituted the following
subsection—
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"(6) In
subsection (2)(j)—
(a) the
"Salvage Convention 1989"
means the International Convention on
Salvage, 1989 as it has effect under
section 1 of the Merchant Shipping
(Salvage and Pollution) Act 1994;
(b) the
reference to salvage services includes
services rendered in saving life from a
ship and the reference to any claim
under any contract for or in relation to
salvage services includes any claim
arising out of such a contract whether
or not arising during the provision of
the services;
(c) the
reference to a corresponding claim in
connection with an aircraft is a
reference to any claim corresponding to
any claim mentioned in sub-paragraph (i)
or (ii) of paragraph (j) which is
available under section 87 of the Civil
Aviation Act 1982.
" |
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County Courts Act 1984 |
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7.—(1) Section
27 of the [1984 c. 28.] County Courts
Act 1984 shall be amended as follows.
(2) In subsection
(1), for paragraph (f) there shall be substituted
the following paragraph—
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" (f) any
claim—
(i) under the Salvage
Convention 1989;
(ii) under any contract for or
in relation to salvage services; or
(iii) in the nature of salvage
not falling within (i) or (ii) above;
or any corresponding claim in connection
with an aircraft;" |
.
(3) In subsection
(2), for the words "in the nature of
salvage" there shall be substituted the words
"falling within paragraph (f) of that
subsection".
(4) For subsection
(3), there shall be substituted the following
subsection—
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"(3) In
subsection (1)(f)—
(a) the
"Salvage Convention 1989"
means the International Convention on
Salvage, 1989 as it has effect under
section 1 of the Merchant Shipping
(Salvage and Pollution) Act 1994;
(b) the
reference to salvage services includes
services rendered in saving life from a
ship and the reference to any claim
under any contract for or in relation to
salvage services includes any claim
arising out of such a contract whether
or not arising during the provision of
the services;
(c) the
reference to a corresponding claim in
connection with an aircraft is a
reference to any claim corresponding to
any claim mentioned in sub-paragraph (i)
or (ii) of paragraph (f) which is
available under section 87 of the Civil
Aviation Act 1982.
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