Sea Pollution (Miscellaneous Provisions) Act 2006

Limitation regime.

8.— (1) In this section—

“ 1976 Convention ” means the Convention on Limitation of Liability for Maritime Claims, done at London on 19 November 1976;

“ 1996 Protocol ” means the Protocol to the 1976 Convention, done at London on 2 May 1996.

(2) Where the State has jurisdiction under the Convention, then Articles 6 to 9 of the 1976 Convention (as amended by Articles 3, 4 and 5 of the 1996 Protocol) shall apply.

(3) Where, pursuant to Article 8 of the 1996 Protocol, the limits of liability (including any one or more of the amounts specified in the relevant Articles) are duly amended by increasing the limits, then the Minister shall, if satisfied that the limits of liability have been duly increased, make an order giving the new, increased limits of liability the force of law. The Minister shall specify in the order a date, not earlier than their entering into force internationally in accordance with the 1996 Protocol, when the new limits come into force in the State.

(4) (a) For the purpose of the limits of liability specified in Articles 6 and 7 (as amended) of the 1976 Convention, the value in the currency of the State of the unit of account specified in that Convention shall be taken to be the value, ascertained in accordance with Article 8 (as amended) of that Convention, in that currency of such a unit of account on the relevant day specified in that said Article or, if its value on that day cannot be so ascertained, its value in that currency on the latest day before such day on which it can be so ascertained.

(b) For the purposes of this section a certificate purporting to be signed by an officer of the Central Bank and Financial Services Authority of Ireland and stating that—

(i) a specified amount in the currency of the State is the value of such a unit of account on a specified day, or

(ii) the value in the currency of the State of such a unit of account on a specified day cannot be ascertained in accordance with the 1976 Convention (as amended) and that a specified amount in the currency of the State is the value, calculated in accordance with that Convention, of such a unit of account on a specified day (being the latest day before the first-mentioned specified day on which such value can be ascertained as aforesaid),

shall be admissible as evidence of the facts stated in the certificate.