586
c. 25
Energy Act 1983
PART II
(3) For subsection (4) of that section there shall be subst
tuted-
"(4) In relation to liability by virtue of any relevant foreign law, there shall be left out of account for the par poses of subsection (1) of this section any claim which, though made within the relevant period, was made after the expiration of any period of limitation imposed by that law and permitted by a relevant international agreement.
(4A) Where-
(a) a relevant foreign law provides in pursuance of a
relevant international agreement for sums addį. tional to those referred to in subsection (1)(a) of this section to be made available out of public funds, but
(b) the maximum aggregate amount of compensation for which it provides in respect of an occurrence in pursuance of that agreement is less than that specified in subsection (1A) of this section, then, in relation to liability by virtue of that law in respect of the occurrence, subsection (1) of this section shall have effect as if for the reference to the amount so specified there were substituted a reference to the maximum aggregate amount so provided.
(4B) Where a relevant foreign law does not make the provision mentioned in subsection (4A)(a) of this section, then in relation to liability by virtue of that law in respect of any occurrence---
(a) subsection (1) of this section shall not have effect unless the person (or one of the persons) liable is a licensee, the Authority or the Crown; and (b) if a licensee, the Authority or the Crown is liable, subsection (1) shall have effect as if for the refer ence to the amount specified in subsection (1A) there were substituted a reference to the amount which would be applicable to that person under section 16(1) of this Act in respect of the occur rence (or, if more than one such person is liable, to the aggregate of the amounts which would be so applicable) if it had constituted a breach of duty under section 7, 8 or 9 of this Act.”. (4) In section 17(3)(b) of the 1965 Act (which restricts the cover required under section 18 in cases of shared liability)-
(a) in sub-paragraph (i), for the words "of five million
pounds" there shall be substituted the words
equal to that applicable to the person in question under section 16(1) of this Act"; and
64
(b) in sub-paragraph (ii), the words "not being less than
£2,100,000" shall cease to have effect.
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