Carriage of Goods by Sea Act 1924

JurisdictionUK Non-devolved
Citation1924 c. 22


Carriage of Goods by Sea Act, 1924

(14 & 15 Geo. 5.) CHAPTER 22.

An Act to amend the law with respect to the carriage of goods by sea.

[1st August 1924]

W hereas at the International Conference on Maritime Law held at Brussels in October, 1922, the delegates at the Conference, including the delegates representing His Majesty, agreed unanimously to recommend their respective Governments to adopt as the basis of a convention a draft convention for the unification of certain rules relating to bills of lading:

And whereas at a meeting held at Brussels in October, 1923, the rules contained in the said draft convention were amended by the Committee appointed by the said Conference:

And whereas it is expedient that the said rules as so amended and as set out with modifications in the Schedule to this Act (in this Act referred to as ‘the Rules’) should, subject to the provisions of this Act, be given the force of law with a view to establishing the responsibilities, liabilities, rights and immunities attaching to carriers under bills of lading:

Be it therefore enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

S-1 Application of Rules in Schedule.

1 Application of Rules in Schedule.

Subject to the provisions of this Act, the Rules shall have effect in relation to and in connection with the carriage of goods by sea in ships carrying goods from any port in Great Britain or Northern Ireland to any other port whether in or outside Great Britain or Northern Ireland.

S-2 Absolute warranty of seaworthiness not to be implied in contracts to which Rules apply.

2 Absolute warranty of seaworthiness not to be implied in contracts to which Rules apply.

There shall not be implied in any contract for the carriage of goods by sea to which the Rules apply any absolute undertaking by the carrier of the goods to provide a seaworthy ship.

S-3 Statement as to application of Rules to be included in bills of lading.

3 Statement as to application of Rules to be included in bills of lading.

Every bill of lading, or similar document of title, issued in Great Britain or Northern Ireland which contains or is evidence of any contract to which the Rules apply shall contain an express statement that it is to have effect subject to the provisions of the said Rules as applied by this Act.

S-4 Modification of Article VI. of Rules in relation to coasting trade.

4 Modification of Article VI. of Rules in relation to coasting trade.

Article VI. of the Rules shall, in relation to the carriage of goods by sea in ships carrying goods from any port in Great Britain or Northern Ireland to any other port in Great Britain or Northern Ireland or to a port in the Irish Free State, have effect as though the said Article referred to goods of any class instead of to particular goods and as though the proviso to the second paragraph of the said Article were omitted.

S-5 Modification of Rules 4 and 5 of Article III. in relation to bulk cargoes.

5 Modification of Rules 4 and 5 of Article III. in relation to bulk cargoes.

Where under the custom of any trade the weight of any bulk cargo inserted in the bill of lading is a weight ascertained or accepted by a third party other than the carrier or the shipper and the fact that the weight is so ascertained or accepted is stated in the bill of lading, then, notwithstanding anything in the Rules, the bill of lading shall not be deemed to be prim facie evidence against the carrier of the receipt of goods of the weight so inserted in the bill of lading, and the accuracy thereof at the time of shipment shall not be deemed to have been guaranteed by the shipper.

S-6 Short title, saving, and operation.

6 Short title, saving, and operation.

(1) This Act may be cited as the Carriage of Goods by Sea Act, 1924 .

(2) Nothing in this Act shall affect the operation of sections four hundred and forty-six to four hundred and fifty, both inclusive, five hundred and two, and five hundred and three of the Merchant Shipping Act, 1894 , as amended by any subsequent enactment, or the operation of any other enactment for the time being in force limiting the liability of the owners of seagoing vessels.

(3) The Rules shall not by virtue of this Act apply to any contract for the carriage of goods by sea made before such day, not being earlier than the thirtieth day of June, nineteen hundred and twenty-four, as His Majesty may by Order in Council direct, nor to any bill of lading or similar document of title issued, whether before or after such day as aforesaid, in pursuance of any such contract as aforesaid.

S C H E D U L E.

Rules relating to Bills of Lading.

IArticle I.

Definitions.

In these Rules the following expressions have the meanings hereby assigned to them respectively, that is to say—

a ) ‘Carrier’ includes the owner or the charterer who enters into a contract of carriage with a shipper
b ) ‘Contract of carriage’ applies only to contracts of carriage covered by a bill of lading or any similar document of title, in so far as such document relates to the carriage of goods by sea including any bill of lading or any similar document as aforesaid issued under or pursuant to a charterparty from the moment at which such bill of lading or similar document of title regulates the relations between a carrier and a holder of the same
c ) ‘Goods’ includes goods, wares, merchandises, and articles of every kind whatsoever, except live animals and cargo which by the contract of carriage is stated as being carried on deck and is so carried
d ) ‘Ship’ means any vessel used for the carriage of goods by sea:
e ) ‘Carriage of goods’ covers the period from the time when the goods are loaded on to the time when they are discharged from the ship.

IIArticle II.

Risks.

Subject to the provisions of Article VI., under every contract of carriage of goods by sea the carrier, in relation to the loading, handling, stowage, carriage, custody, care, and discharge of such goods, shall be subject to the responsibilities and liabilities, and entitled to the rights and immunities hereinafter set forth.

IIIArticle III.

Responsibilities and Liabilities.

SCH-1.1

1. The carrier shall be bound, before and at the beginning of the voyage, to exercise due diligence to—

a ) Make the...

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