Shipping (Amendment
No. 2) (Jersey) Law 2009
A LAW to amend further the Shipping (Jersey) Law 2002.
Adopted by the
States 16th July 2008
Sanctioned by Order of Her Majesty in
Council 10th December 2008
Registered by the
Royal Court 2nd
January 2009
THE STATES, subject to the sanction of Her
Most Excellent Majesty in Council, have adopted the following Law –
1 Interpretation
In this Law, “the principal
Law” means the Shipping (Jersey) Law 2002[1].
2 Article
117 amended
In Article 117 of the
principal Law, in paragraphs (1)(a) and (b), “on behalf of Jersey”
is deleted.
3 Article
119 amended
In Article 119 of the
principal Law, in paragraphs (4)(a) and (b), “on behalf of Jersey”
is deleted.
4 Schedule
6 amended
(1) In
Schedule 6 of the principal Law, in Part 1 –
(a) in the heading, for “CONVENTION”
there is substituted “EXTRACT FROM CONVENTION AS MODIFIED BY THE PROTOCOL
OF 1996”;
(b) in Article 3, for paragraph (a)
there is substituted the following paragraph –
“(a) claims for salvage,
including, if applicable, any claim for special compensation under
Article 14 of the International Convention on Salvage 1989, as amended, or
contribution in general average;”;
(c) in Article 6, for paragraph 1
there is substituted the following paragraph –
“1. The limits of liability
for claims other than those mentioned in Article 7, arising on any
distinct occasion, shall be calculated as follows:
(a) in respect of claims
for loss of life or personal injury,
(i) 2 million
Units of Account for a ship with a tonnage not exceeding 2,000 tons,
(ii) for a ship with a
tonnage in excess thereof, the following amount in addition to that mentioned
in (i):
for
each ton from 2,001 to 30,000 tons, 800 Units of Account;
for
each ton from 30,001 to 70,000 tons, 600 Units of Account; and
for
each ton in excess of 70,000 tons, 400 Units of Account,
(b) in respect of any other
claims,
(i) 1 million
Units of Account for a ship with a tonnage not exceeding 2,000 tons,
(ii) for a ship with a
tonnage in excess thereof the following amount in addition to that mentioned in
(i):
for
each ton from 2,001 to 30,000 tons, 400 Units of Account;
for
each ton from 30,001 to 70,000 tons, 300 Units of Account; and
for
each ton in excess of 70,000 tons, 200 Units of Account.”;
(d) in Article 7, for paragraph 1
there is substituted the following paragraph –
“1. In respect of claims
arising on any distinct occasion for loss of life or personal injury to
passengers of a ship, the limit of liability of the shipowner thereof shall be
an amount of 175,000 Units of Account multiplied by the number of
passengers which the ship is authorised to carry according to the ship's
certificate.”;
(e) in Article 15 –
(i) the
existing text is numbered 1, and
(ii) at
the end there is added the following paragraphs –
2. A State
Party may regulate by specific provisions of national law the system of
limitation of liability to be applied to vessels which are:
(a) according to the law of
that State, ships intended for navigation on inland waterways;
(b) ships of less than
300 tons.
A
State Party which makes use of the option provided for in this paragraph shall
inform the depositary of the limits of liability adopted in its national
legislation or of the fact that there are none.
3bis.
Notwithstanding the limit of liability prescribed in paragraph 1 of
article 7, a State Party may regulate by specific provisions of national
law the system of liability to be applied to claims for loss of life or
personal injury to passengers of a ship, provided that the limit of liability
is not lower than that prescribed in paragraph 1 of article 7. A
State Party which makes use of the option provided for in this paragraph shall
inform the Secretary-General of the limits of liability adopted or of the fact
that there are none.”;
(f) before Part 2, there is inserted
the following Chapter –
“Chapter V
FINAL CLAUSES
ARTICLE 18
Reservations
1. Any State
may, at the time of signature, ratification, acceptance, approval or accession,
or at any time thereafter, reserve the right:
(a) to exclude the
application of article 2, paragraphs 1(d) and (e);
(b) to exclude claims for
damage within the meaning of the International Convention on Liability and
Compensation for Damage in Connection with the Carriage of Hazardous and
Noxious Substances by Sea, 1996 or of any amendment or Protocol thereto.
No
other reservations shall be admissible to the substantive provisions of this
Convention.”.
(2) In
Schedule 6 of the principal Law, in Part 2 –
(a) in paragraph 2, after
“paragraph 6” there is inserted “below”;
(b) in paragraph 3 –
(i) sub-paragraph (1)
is deleted,
(ii) for
“(2) Paragraph” there is substituted “Paragraph”.
5 Citation
This Law may be cited as the
Shipping (Amendment No. 2) (Jersey) Law 2009.
6 Commencement
(1) Except
as provided by paragraph (2), this Law shall come into force 7 days after
it is registered.
(2) Article 4
shall come into force on the day the 1996 Protocol to the International
Convention on Limitation of Liability for Maritime Claims, 1976 enters into
force in respect of Jersey.
m.n. de la haye
Greffier of the States