Chapter 15: Limitation of Liability

183 – (1) The provisions of the Convention relating to the Carriage of Passengers and their Luggage by Sea as set out in Part I of Schedule 6 (hereafter in this section and in Part II of that Schedule referred to as “the Convention”) shall have the force of law in the United Kingdom.

(2) The provisions of Part II of that Schedule shall have effect in connection with the Convention and subsection (1) above shall have effect subject to the provisions of that Part.

[(2A) But –

1. subsection (1) does not give the force of law in the United Kingdom to provisions to the extent that they apply to cases in which EC Regulation No 392/2009 applies; and

2. the provisions of Part 2 of that Schedule do not have effect in such cases.]

(3) If it appears to Her Majesty in Council that there is a conflict between the provisions of this section or of Part I or II of Schedule 6 and any provisions relating to the carriage of passengers or luggage for reward by land, sea or air in –

1. any convention which has been signed or ratified by or on behalf of the government of the United Kingdom before 4th April 1979 (excluding the Convention); or

2. any enactment of the Parliament of the United Kingdom giving effect to such a convention,

(4) If it appears to Her Majesty in Council that the government of the United Kingdom has agreed to any revision of the Convention She may by Order in Council make such modifications of Parts I and II of Schedule 6 as She considers appropriate in consequence of the revision.

(5) Nothing in subsection (1) [, (2) or (2A)] above or in any modification made by virtue of [the subsection] above shall affect any rights or liabilities arising out of an occurrence which took place before the day on which the subsection above, or as the case may be, the modification, comes into force.

(6) This section shall bind the Crown, and any Order in Council made by virtue of this section may provide that the Order or specified provisions of it shall bind the Crown.

(7) A draft of an Order in Council proposed to be made under subsection (3) or (4) above shall not be submitted to Her Majesty in Council unless the draft has been approved by a resolution of each House of Parliament.

[(8) In this section “EC Regulation No 392/2009” means Regulation (EC) No 329/2009 of the European Parliament and of the Council of 23 April 2009 on the liability of carriers of passengers by sea in the event of accidents.]

15.4 Notes

Subsections (2A) and (8) were inserted, and words in subsection (5) were substituted, by the Merchant Shipping (Carriage of Passengers by Sea) Regulations 2012, SI 2012/3152, regulation 14.

15.5 Commentary

Athens Convention Relating to the Carriage of Passengers and their Luggage by Sea, 1974. Sections 183 and 184 of, and Parts I and II of Schedule 6 to, the Merchant Shipping Act 1995 implement the International Convention Relating to the Carriage of Passengers and their Luggage by Sea (hereafter “the Athens Convention”), signed at Athens on 13 December 1974, which came into force internationally on 28 April 1987. The Protocol to the Athens Convention signed at London on 19 November 1976, which changed the units of account from gold francs to special drawing rights, came into force internationally on 30 April 1989. A further Protocol to the Athens Convention was done at London on 29 March 1990. The Protocol of 1990 did not ever come into force.

The 1974 Athens Convention was amended by the 2002 Protocol, which Protocol entered into force on 23 April 2014. The 2002 Protocol was implemented in the United Kingdom (in so far as it applies to UK ships of Class A and B engaged on domestic voyages) by the Merchant Shipping (Carriage of Passengers) Regulations 2012, SI 2012/3152.

The 1974 Athens Convention (as amended by the 2002 Protocol) was implemented as regards other UK ships by the Merchant Shipping (Convention Relating to the Carriage of Passengers and their Luggage by Sea) Order 2014, SI 2014/1361.

Part I of the Schedule to the 2014 Order substituted a new Convention text being the 1974 Athens Convention, as amended by the 2002 Protocol. Part II of Schedule 6 (Provisions having effect in connection with the Convention) has accordingly been amended to give effect to provisions of that Convention but, pursuant to powers in section 184 of the Merchant Shipping Act 1995 (Application of Schedule 6 to carriage within the British Islands) there is reserved the right for different rules to apply to UK ships engaged on domestic voyages which are dealt with by the Carriage of Passengers and their Luggage by Sea (Domestic Carriage) Order 1987/670.

15.6 Limitation of Liability for Maritime Claims and Carriage of Passengers and their Luggage by Sea (Parties to Convention) (Revocation) Order 2014. The states that were declared to be party to the Athens Convention Relating to the Carriage of Passengers and their Luggage by...