Commonwealth Consolidated Regulations

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PROTECTION OF THE SEA (1992 FUND) REGULATIONS 1994 - REG 3

Interpretation

  (1)   In these regulations, unless the contrary intention appears:

Act means the Protection of the Sea (Oil Pollution Compensation Funds ) Act 1993 .

compensation for pollution damage means compensation for which provision is made under Article 4 of the 1992 Convention.

Court means a court that is invested or conferred with jurisdiction under regulation   4 for matters arising under Part   2.

judgment means a judgment or order given or made by a court against the Fund for compensation for pollution damage in a foreign country to which the 1992 Convention applies.

judgment creditor :

  (a)   means the person in whose favour a judgment was given; and

  (b)   includes a person in whom the rights under a judgment are vested by succession, assignment or otherwise.

judgment debtor :

  (a)   means the person against whom a judgment was given; and

  (b)   includes a person against whom a judgment is enforceable under the law of the country in which the original court is situated.

original court , in relation to a judgment, means the court by which the judgment is given.

registered means registered under Part 2.

  (2)   Unless the contrary intention appears, an expression used in these regulations and in the 1992 Convention has the same meaning in these regulations, as they relate to the 1992 Convention, as in the 1992 Convention.

Note       Words and expressions used in these regulations that are defined in the Act have the same meaning in these regulations as they have in the Act (see Acts Interpretation Act 1901 , s. 46 (1) (a)). For example, section 3 of the Act contains definitions of the 1992 Convention and the 1992 Fund .


Part 2   Registration of foreign judgments

 


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