Merchant Shipping Act 1995, section 224

Salvage Convention 1989 to have force of law

Part IX Salvage and Wreck

(1) The provisions of the International Convention on Salvage, 1989 as set out in Part I of Schedule 11 (in this Chapter referred to as “the Salvage Convention”) shall have the force of law in the United Kingdom.

(2)The provisions of Part II of that Schedule shall have effect in connection with the Salvage Convention, and subsection (1) above shall have effect subject to the provisions of that Part.

(3)If it appears to Her Majesty in Council that the Government of the United Kingdom has agreed to any revision of the Salvage Convention She may by Order in Council make such modifications of Parts I and II of Schedule 11 as She considers appropriate in consequence of the revision.

(4)Nothing in subsection (1) or (2) above shall affect any rights or liabilities arising out of any salvage operations started or other acts done before 1st January 1995.

(5)Nothing in any modification made by virtue of subsection (3) above shall affect any rights or liabilities arising out of any salvage operations started or other acts done before the day on which the modification comes into force.

(6)As respects any period before the entry into force of the Salvage Convention any reference in the Salvage Convention to a State Party to the Convention shall be read as a reference to the United Kingdom.

(7)A draft of an Order in Council proposed to be made by virtue of subsection (3) above shall not be submitted to Her Majesty in Council unless the draft has been approved by a resolution of each House of Parliament.

Definitions used in section 224 3

the Convention

(1) The provisions of the Convention on Limitation of Liability for Maritime Claims 1976 as set out in Part I of Schedule 7 (in this section and Part II of that Schedule referred to as “the Convention”) shall have the force of law in the United Kingdom.

Defined in s.185(1) · see it in the full Act

1 In this Part of this Schedule “the Convention” means the Convention as set out in Part I of this Schedule and any reference to a numbered article is a reference to the article of the Convention which is so numbered.

Defined in Sch.11 Pt.II · see it in the full Act

(1) The provisions of the Convention relating to the Carriage of Passengers and their Luggage by Sea as set out in Part I of Schedule 6 (hereafter in this section and in Part II of that Schedule referred to as “the Convention”) shall have the force of law in the United Kingdom.

Defined in s.183(1) · see it in the full Act
salvage

“salvage” includes, subject to the Salvage Convention, all expenses properly incurred by the salvor in the performance of the salvage services;

Defined in s.255(1) · see it in the full Act
the Salvage Convention

“the Salvage Convention” has the meaning given by section 224(1);

Defined in s.255(1) · see it in the full Act

Cases considering section 224 13

Argentum Exploration Limited v The Silver

[2022] EWCA Civ 1318 · 11 October 2022Limits

Forms part of the statutory incorporation of the Salvage Convention into United Kingdom law. Gives the Salvage Convention the force of law in the United Kingdom. Makes section 224(1) subject to Part II of Schedule 11, including the statutory treatment of references to judicial proceedings. Preserves rights and liabilities arising from salvage operations begun before 1 January 1995.

SD Rebel BV & Anor v Elise Tankschiffahrt KG

[2025] EWHC 376 (Admlty) · 27 February 2025

Confirms that the Salvage Convention has the force of law in the United Kingdom by virtue of section 224. The court therefore applied the Convention’s criteria in assessing the salvage award (see paras [25]; [33]–[48]).

Keynvor Morlift Ltd v The Vessel "Kuzma Minin"

[2019] EWHC 3557 (Admlty) · 19 December 2019

The court applied section 224 as incorporating the Salvage Convention 1989 for determining entitlement to and assessment of salvage remuneration. (see paras [1], [30], [36])

1 more judgment, and what each says about section 224, are in the case-law panel in the full Act.

Amendments and notes

1 notes from legislation.gov.uk

Modifications

  1. C223S. 224 extended (with modifications) to Jersey (22.8.1997) by S.I. 1997/1773, art. 2, Sch.