10. New section 5A

The principal Act is amended by inserting after section 5 the following section:

s 5A"Restriction of liability for bunker oil pollution damage under section 3A

(1)

Where an incident occurs and pollution damage results from the incident, whether or not the owner of the ship incurs a liability under section 3A, the owner of the ship shall not be liable for such pollution damage otherwise than under that section.

(2)

The liability for pollution damage shall not apply to—

(a)

any servant or agent of the owner of the ship or any member of the crew;

(b)

the pilot or any other person who, not being a member of the crew, performs services for the ship;

(c)

any charterer, howsoever described, but not including a bareboat charterer;

(d)

any person performing salvage operations with the consent of the owner of the ship or on the instructions of a competent public authority;

(e)

any person taking preventive measures;

(f)

all servants or agents of the persons mentioned in paragraphs (c), (d) and (e), unless the pollution damage resulted from their own act or omission, committed with the intent to cause such damage, or recklessly and with the knowledge that such damage would probably result.".

Report

Read on from s 5A