175 Liability of the Fund
Merchant Shipping Act 1995 (1995 c 21) | Legislation

Compensation for persons suffering pollution damage

175  Liability of the Fund

(1)     The Fund shall be liable for pollution damage in the territory of the United Kingdom if the person suffering the damage has been unable to obtain full compensation under section 153—

(a)     because the discharge or escape, or the relevant threat of contamination, by reason of which the damage was caused—

(i)     resulted from an exceptional, inevitable and irresistible phenomenon, or

(ii)     was due wholly to anything done or omitted to be done by another person (not being a servant or agent of the owner) with intent to do damage, or

(iii)     was due wholly to the negligence or wrongful act of a government or other authority in exercising its function of maintaining lights or other navigational aids for the maintenance of which it was responsible,

(and because liability is accordingly wholly displaced by section 155), or

(b)     because the owner or guarantor liable for the damage cannot meet his obligations in full, or

(c)     because the damage exceeds the liability under section

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