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STATUTORY INSTRUMENTS
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S.I. No. 402 of 2000
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Oil Pollution Of The Sea (Civil
Liability And Compensation) (Insurance Of Ships) Regulations, 2000
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I, Frank Fahey, Minister for the Marine and
Natural Resources, in exercise of the powers conferred on me by sections 16
and 45 of the Oil Pollution of the Sea (Civil Liability and Compensation)
Act, 1988 (No. 11 of 1988) (as amended by the Oil Pollution of the Sea
(Civil Liability and Compensation) (Amendment) Act, 1998 (No. 13 of 1998)
and as adapted by the Marine (Alteration of Name of Department and Title of
Minister) Order, 1997 ( S.I. No. 301 of 1997 )), hereby make the following
Regulations:
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1.
(1) These Regulations may be cited as
the Oil Pollution of the Sea (Civil Liability and Compensation) (Insurance
of Ships) Regulations, 2000.
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(2) These
Regulations shall come into operation on the 11th day of October
2000.
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2. In
these Regulations -
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“the Act of 1998” means the Oil Pollution of the Sea (Civil
Liability and Compensation) (Amendment) Act, 1998 (No. 13 of 1998) ; and
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“the Principal Act” means the Oil Pollution of the Sea (Civil
Liability and Compensation) Act, 1988 (No. 11 of 1988) .
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3. A
contract of insurance or other financial security to which section 16(1) of
the Principal Act applies shall contain a provision indemnifying the owner
of a ship registered in the State for an amount being not less than the
amount that the owner of the ship concerned would be liable to pay in
respect of any single incident involving such ship if he limited his
liability in respect thereof in accordance with section 10 of the Principal
Act as amended by section 6 of the Act of 1998.
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4. There shall
be in force in respect of a ship to which subparagraph (ii) of section
16(3)(b) applies, a contract of insurance or other financial security
containing a provision indemnifying the owner of the ship concerned for an
amount being not less than the amount that the said owner would be liable to
pay in respect of any single incident involving such ship if he limited his
liability in respect thereof in accordance with section 10 of the Principal
Act as amended by section 6 of the Act of 1998.
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5. The owner
of a ship shall, on the issuing under section 16(2) of the Principal Act of
a certificate in respect thereof, pay to the Minister a fee of £30.
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6. The Oil
Pollution of the Sea (Civil Liability and Compensation) Act, 1988 (Insurance
of Ships) Regulations, 1992 ( S.I. No. 403 of 1992 ) are hereby revoked.
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GIVEN under my Official Seal,
this 10th day of October
2000.
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Mr Frank Fahey, TD
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Minister for the Marine and Natural
Resources
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EXPLANATORY NOTE
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(This note is not part of the Instrument
and does not purport to be a legal interpretation).
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These regulations provide that ships
specified in section 16 of the 1988 Act i.e. those which carry 2,000 tonnes
or more of crude or fuel oil shall have insurance against pollution damage
which will meet the requirements of the Minister in accordance with section
10 of the 1988 Act as amended by section 6 of the Act of 1998 (i.e. the
revised levels set out in the 1992 Protocol to the Civil Liability Convention)
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