Merchant Shipping (Oil Pollution) Act 1994 · Updated to 1 Jun 2015 · Part III · The International Oil Pollution Compensation Fund
22. Subrogation and rights of recourse
Official textFrom Laws of Malaysia Online, unchanged
In respect of any sum paid under paragraph 19(1)(b) the Fund shall acquire by subrogation the rights of the recipient against the owner of a ship or his guarantor.
the Fund
“the Fund” means the International Oil Pollution Compensation Fund established by the Fund Convention;
(Deleted by Act A1248).
In respect of any sum paid under paragraph 19(1)(a) or (c), the
Fund shall acquire by subrogation any rights of recourse or subrogation which the owner of the ship or his guarantor or any other person has in respect of his liability for the damage in question.
guarantor
“guarantor” means any person providing insurance or other financial security to cover an owner’s liability of the kind described in section 11;
In respect of any sum paid by a public authority in Malaysia or other State as compensation for pollution damage, that public authority or State shall acquire by subrogation any rights which the recipient has against the Fund under this Part.
pollution damage
“pollution damage” means— (a) loss or damage caused outside a ship by contamination resulting from the discharge or escape of oil or bunker oil from the ship, wherever such discharge or escape may occur, provided that compensation for impairment of the environment other than loss of profit from such impairment shall be limited to costs and reasonable measures of reinstatement actually undertaken or to be undertaken; and (b) the costs of preventive measures and further loss or damage caused by preventive measures;
Terms defined in this Act
guarantor
Defined · s 15“guarantor” means any person providing insurance or other financial security to cover an owner’s liability of the kind described in section 11;
person
Defined · s 2“person” means any individual or partnership or any public or private body, whether corporate or not, including a State or any of its constituent subdivisions;
pollution damage
Defined · s 2“pollution damage” means— (a) loss or damage caused outside a ship by contamination resulting from the discharge or escape of oil or bunker oil from the ship, wherever such discharge or escape may occur, provided that compensation for impairment of the environment other than loss of profit from such impairment shall be limited to costs and reasonable measures of reinstatement actually undertaken or to be undertaken; and (b) the costs of preventive measures and further loss or damage caused by preventive measures;
the Fund
Defined · s 15“the Fund” means the International Oil Pollution Compensation Fund established by the Fund Convention;
Part IV
Jurisdiction and Effect of Judgements
Part V
Enforcement
Part VI