Merchant Shipping Amendment Act 2009
MERCHANT SHIPPING AMENDMENT ACT 2 0 0 9



1





BERMUDA

2009 : 24

MERCHANT SHIPPING AMENDMENT ACT 2009

[Date of Assent: 19 June 2009]

[Operative Date: 19 June 2009]

WHEREAS it is expedient to amend the Merchant Shipping Act

2002:

Be it enacted by The Queen's Most Excellent Majesty, by and

with the advice and consent of the Senate and the House of Assembly of

Bermuda, and by the authority of the same, as follows:

Short title

1 This Act may be cited as the Merchant Shipping Amendment Act

2009.

Amends section 161A

2 Section 161A of the principal Act is amended—

(a) by repealing subsection (8) and substituting the

following subsection—

“(8) Section 147(2) of the Companies Act 1981 which

deals with service of process on an overseas company

shall not apply to this section and any document

required or authorised, by virtue of any statutory

MERCHANT SHIPPING AMENDMENT ACT 2 0 0 9



2



provision, to be served on an overseas company for the

purposes of the institution of or in connection with

proceedings for an offence under subsection (5) against

the company as registered owner of the ship shall be

treated as duly served on the company if the document

is served on the master of the ship.”; and

(b) by inserting the following subsection next after

subsection (9)—

“(9A) In this section “overseas company” has the same

meaning as “overseas company” under section 2(1) of the

Companies Act 1981.”.

Amends section 162

3 Section 162 of the principal Act is amended in subsection (1A) by

deleting “163A(2)” and substituting “161A(2)”.

Amends section 163

4 Section 163 of the principal Act is amended by repealing

subsection (3) and substituting the following subsection—

“(3) The insurer may limit his liability in respect of claims

in respect of liability under section 151 which are made against

him by virtue of this section in like manner and to the same

extent as the registered owner may limit his liability under

section 155 but the insurer may do so whether or not the

discharge or escape, or (as the case may be) the threat of

contamination, resulted from anything done or omitted to be

done by the registered owner as mentioned in section 155(3).”.

Amends section 164

5 Section 164 of the principal Act is amended by repealing

subsections (4) and (5) and substituting the following subsections—

“(4) The Judgments (Reciprocal Enforcement) Act 1958

shall apply in respect of the enforcement of any judgment of a

court in the UK or a court in a jurisdiction specified in an Order

made by the Governor under the Judgments (Reciprocal

Enforcement) Act 1958 as a court to which that Act shall apply

in respect of any liability incurred under section 151 or 151A or

any provision corresponding to section 151 or 151A.

(5) A judgment given by a court in a Liability Convention

country or a Bunkers Convention country other than the UK or a

court in a jurisdiction specified in an Order made by the

Governor under the Judgments (Reciprocal Enforcement) Act

1958, in respect of any liability incurred by a Liability

MERCHANT SHIPPING AMENDMENT ACT 2 0 0 9



3



Convention country or a Bunkers Convention country under

section 151 or 151A or any provision corresponding to section

151 or 151A which is enforceable in the State of origin and is no

longer subject to ordinary forms of review, shall be recognised in

Bermuda unless—

(a) the judgment was obtained by fraud; or

(b) the defendant was not given reasonable notice

and a fair opportunity to present his or her case.

(6) A judgment recognised by Bermuda under subsection

(5), shall be enforceable in Bermuda as soon as the formalities

required in that State (which shall not permit the merits of the

case to be re-opened) have been complied with.”.

Amends section 168

6 Section 168 of the principal Act is amended in subsection (1) by

inserting the following definition in its proper alphabetical position—

“registered owner” means the person registered as the owner of

the ship or in the absence of registration, the person owning

the ship, except that, in relation to a ship owned by a State,

which is operated by a person registered as the ship’s

operator, it means the person registered as its operator;.