Carriage of Goods by Sea Act 1971
| Jurisdiction | UK Non-devolved |
(1) In this Act, “the Rules” means the International Convention for the unification of certain rules of law relating to bills of lading signed at Brussels on 25th August 1924, as amended by the Protocol signed at Brussels on 23rd February 1968 F1and by the Protocol signed at Brusels on 21st December 1979.(2) The provisions of the Rules, as set out in the Schedule to this Act, shall have the force of law.(3) Without prejudice to subsection (2) above, the said provisions shall have effect (and have the force of law) in relation to and in connection with the carriage of goods by sea in ships where the port of shipment is a port in the United Kingdom, whether or not the carriage is between ports in two different States within the meaning of Article X of the Rules.(4) Subject to subsection (6) below, nothing in this section shall be taken as applying anything in the Rules to any contract for the carriage of goods by sea, unless the contract expressly or by implication provides for the issue of a bill of lading or any similar document of title.(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . any bill of lading if the contract contained in or evidenced by it expressly provides that the Rules shall govern the contract, andany receipt which is a non-negotiable document marked as such if the contract contained in or evidenced by it is a contract for the carriage of goods by sea which expressly provides that the Rules are to govern the contract as if the receipt were a bill of lading,(7) If and so far as the contract contained in or evidenced by a bill of lading or receipt within paragraph (a) or (b) of subsection (6) above applies to deck cargo or live animals, the Rules as given the force of law by that subsection shall have effect as if Article I(c) did not exclude deck cargo and live animals.In this subsection “deck cargo” means cargo which by the contract of carriage is stated as being carried on deck and is so carried.for that day; orif no sum has been so fixed for that day, for the last day before that day for which a sum has been so fixed.that a particular sum in sterling has been fixed as aforesaid for a particular day; orthat no sum has been so fixed for a particular day and that a particular sum in sterling has been so fixed for a day which is the last day for which a sum has been so fixed before the particular day,(3) The Treasury may charge a reasonable fee for any certificate given in pursuance of subsection (2) above, and any fee received by the Treasury by virtue of this subsection shall be paid into the Consolidated Fund.a State specified in the Order is a contracting State, or is a contracting State in respect of any place or territory so specified; orany place or territory specified in the Order forms part of a State so specified (whether a contracting State or not) ,(2) An Order in Council under this Section may be varied or revoked by a subsequent Order in Council.There shall not be implied in any contract for the carriage of goods by sea to which the Rules apply by virtue of this Act any absolute undertaking by the carrier of the goods to provide a seaworthy ship. any colony (not being a colony for whose external relations a country other than the United Kingdom is responsible) ,any country outside Her Majesty’s dominions in which Her Majesty has jurisdiction in right of Her Majesty’s Government of the United Kingdom.(2) An Order in Council under this section may contain such transitional and other consequential and incidental provisions as appear to Her Majesty to be expedient, including provisions amending or repealing any legislation about the carriage of goods by sea forming part of the law of any of the territories mentioned in paragraphs (a) and (b) above.(3) An Order in Council under this Section may be varied or revoked by a subsequent Order in Council.the Isle of Man;any of the Channel Islands specified in the Order;any colony specified in the Order (not being a colony for whose external relations a country other than the United Kingdom is responsible) ;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . any country specified in the Order, being a country outside Her Majesty’s dominions in which Her Majesty has jurisdiction in right of Her Majesty’s Government of the United Kingdom.(2) An Order in Council under this section may be varied or revoked by a subsequent Order in Council.(1) This Act may be cited as the Carriage of Goods by Sea Act 1971.(2) It is hereby declared that this Act extends to Northern Ireland.the section 12(4) (a) of the (4) It is hereby declared that for the purposes of Article VIII of the Rules section 186 of the Merchant Shipping Act 1995 (which entirely exempts shipowners and others in certain circumstances for loss of, or damage to, goods) is a provision relating to limitation of liability.(5) This Act shall come into force on such day as Her Majesty may by Order in Council appoint, and, for the purposes of the
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