LAw drafting instructions
Regulations to be made under the Shipping (Jersey) Law 2002
1976 Convention on Limitation of Liability for Maritime Claims (LLMC) - Limits of liability for shipping
Background
The 1976 Convention and it subsequent 1996 Protocol have the force of law in Jersey. The limits of liability are modified from time to time by the Legal Committee of the IMO and new limits were adopted on 19 April 2012.
Under article 8(7) of the Protocol such changes are deemed to have been accepted after a period of 18 months from notification of the changes and a further 18 months is required before they come into force. The changes will enter into force on 8 June 2015.
Amendments to the limits may be brought into force in Jersey by Regulations made by the States under article 119 (4) (b) of the Shipping (Jersey) Law 2002.
The matter has been discussed informally with officials at the UK’s Department of Transport. The extent of their interest is limited to ensuring that those Crown Dependencies and UK Overseas Territories who have the Protocol extended to them already do in fact seek to adopt the new limits.
Detailed Amendments
The limits that are to be amended are the general limits stated in Article 6 of the original Convention, as subsequently amended by article 3 of the Protocol. The relevant text is reproduced in the extract of the Convention in Schedule 6 of the Shipping Law –
http://www.jerseylaw.je/Law/display.aspx?url=lawsinforce%2fconsolidated%2f19%2f19.885_ShippingLaw2002_RevisedEdition_1January2013.htm#ID4443
The new limits are stated in the IMO Resolution LEG. 5(99) –
www.imo.org/KnowledgeCentre/IndexofIMOResolutions/Documents/LEG%20-%20Legal%20Committee/LEG%205(99).pdf
[See table overleaf
Table 1 Extract from LEG. 5/14 Article 3 of the 1996 LLMC protocol is amended as follows: in respect of claims for loss of life or personal injury, the reference to: - "2 million Units of Account" shall read "3.02 million Units of Account"; - "800 Units of Account" shall read "1,208 Units of Account"; - "600 Units of Account" shall read "906 Units of Account"; - "400 Units of Account" shall read "604 Units of Account"; in respect of any other claims, the reference to: - "1 million Units of Account" shall read "1.51 million Units of Account"; - "400 Units of Account" shall read "604 Units of Account"; - "300 Units of Account" shall read "453 Units of Account"; - "200 Units of Account" shall read "302 Units of Account". |
It is noted that the Resolution increases the limits by amending article 3 of the 1996 Protocol rather than amending article 6 of the original Convention. As mentioned above, this is because the Protocol itself has already amended article 6 of the Convention.
The Law Draftsman is requested to prepare Regulations that amend Schedule 6 of the Shipping Law, so that Article 6 paragraphs 1(a) and 1(b) are replaced to show the new limits as detailed in table 1, above.
Commencement
The Regulations should come into force on the date that the new limits enter into force internationally (8 June 2015) or if debated later than that, they should come into force on the day they are made.
Legal Adviser - Advocate Steven Meiklejohn. LOD reference 201-19-02.20150003
Instructing Officer – P Baker
11 March 2015
Registrar of Shipping - Jersey Maritime Administration