Merchant Shipping (Pollution) Act 2006

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Merchant Shipping (Pollution) Act 2006 [1]
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Long title An Act to enable effect to be given to the Supplementary Fund Protocol 2003 and to future revisions of the international arrangements relating to compensation for oil pollution from ships; to enable effect to be given to Annex VI of the MARPOL Convention; and to amend section 178(1) of the Merchant Shipping Act 1995.
Citation 2006 c 8
Dates
Royal assent 30 March 2006
History of passage through Parliament
Text of statute as originally enacted
Revised text of statute as amended

The Merchant Shipping (Pollution) Act 2006 (c 8) is an Act of the Parliament of the United Kingdom. It has three main purposes: to give effect to the Supplementary Fund Protocol 2003, to give effect to Annex IV of the MARPOL Convention, and to amend section 178(1) of the Merchant Shipping Act 1995.

Parliament of the United Kingdom supreme legislative body of the United Kingdom

The Parliament of the United Kingdom of Great Britain and Northern Ireland, commonly known internationally as the UK Parliament, British Parliament, or Westminster Parliament, and domestically simply as Parliament, is the supreme legislative body of the United Kingdom, the Crown dependencies and the British Overseas Territories. It alone possesses legislative supremacy and thereby ultimate power over all other political bodies in the UK and the overseas territories. Parliament is bicameral but has three parts, consisting of the Sovereign, the House of Lords, and the House of Commons. The two houses meet in the Palace of Westminster in the City of Westminster, one of the inner boroughs of the capital city, London.

Merchant Shipping Act 1995

The Merchant Shipping Act 1995 is an Act of Parliament passed in the United Kingdom in 1995. It consolidated much of the UK's maritime legislation, repealing several Acts in their entirety and provisions in many more, some dating back to the mid-nineteenth century. It appoints several officers of Admiralty Jurisdiction such as the Receiver of Wreck. The Act of 1995 updates the prior Merchant Shipping Act 1894. The lead part on British ships was impacted by the outcome of the Factortame case, as the Merchant Shipping Act 1988 was impugned by the Common Fisheries Policy.

Contents

Supplementary Fund Protocol

Section 1 of the Act allows the government to enact provisions giving effect to the 2003 Protocol by affirmative Order in Council. The protocol, drawn up under the auspices of the International Maritime Organization establishes an international fund which will pay out up to $1 billion in International Monetary Fund special drawing rights in cases of oil slicks and other environmental pollution.

An Order in Council is a type of legislation in many countries, especially the Commonwealth realms. In the United Kingdom this legislation is formally made in the name of the Queen by and with the advice and consent of the Privy Council (Queen-in-Council), but in other countries the terminology may vary. The term should not be confused with Order of Council, which is made in the name of the Council without royal assent.

International Maritime Organization Specialised agency of the United Nations

The International Maritime Organization (IMO), known as the Inter-Governmental Maritime Consultative Organization (IMCO) until 1982, is a specialised agency of the United Nations responsible for regulating shipping. The IMO was established following agreement at a UN conference held in Geneva in 1948 and the IMO came into existence ten years later, meeting for the first time in 1959. Headquartered in London, United Kingdom, the IMO currently has 174 member states and three associate members.

International Monetary Fund International organisation

The International Monetary Fund (IMF) is an international organization headquartered in Washington, D.C., consisting of "189 countries working to foster global monetary cooperation, secure financial stability, facilitate international trade, promote high employment and sustainable economic growth, and reduce poverty around the world." Formed in 1944 at the Bretton Woods Conference primarily by the ideas of Harry Dexter White and John Maynard Keynes, it came into formal existence in 1945 with 29 member countries and the goal of reconstructing the international payment system. It now plays a central role in the management of balance of payments difficulties and international financial crises. Countries contribute funds to a pool through a quota system from which countries experiencing balance of payments problems can borrow money. As of 2016, the fund had SDR477 billion.

MARPOL Convention

Section 2 of the Act amends section 128(1) of the Merchant Shipping Act 1995 by inserting an extra paragraph extending the government's power to make provisions by Order in Council to include giving effecttion to the convention.

Merchant Shipping Act 1995

Section 3 of the Act amends section 178(1) of the Merchant Shipping Act 1995 to restrict claims to being enforced within three years of the damage occurring, whereas previously it had been restricted to within three years after "the claim against the Fund arose", and within six years of the damage occurring.

See also

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References

  1. The citation of this Act by this short title is authorised by section 4(1) of this Act.
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