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Carriage Of Goods By Sea Act 1971 [of England]

Article 1 - Application of Hague Rules as amended.

Article 2. - Contracting States, etc

Article 3. - Absolute warranty of seaworthiness not to be implied in contracts to which Rules apply

Article 4. - Application of Act to British possessions, etc.

Article 5. -Extension of application of Rules to carriage from ports in British possessions, etc

Article 6 - Supplemental

[In Force]

Schedule The Hague-Visby Rules.

Metadata

SiSU Metadata, document information

Manifest

SiSU Manifest, alternative outputs etc.

England, Carriage of Goods by Sea Act 1971

England

copy @ Lex Mercatoria

Carriage Of Goods By Sea Act 1971 [of England]

Article 1 - Application of Hague Rules as amended.

1. In this Act, 'the Rules' means the International Convention for the unification of certain rule 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.

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. The Secretary of State may from time to time by order made by statutory instrument specify the respective amounts which for the purposes of paragraph 5 of Article IV of the Rules and of Article IV bis of the Rules are to be taken as equivalent to the sums expressed in francs which are mentioned in sub-paragraph (a) of that paragraph.

6. Without prejudice to Article X (c) of the Rules, the Rules shall have the force of law in relation to:

(a) any bill of lading if the contract contained in or evidenced by it expressly provides that the Rules shall govern the contract,

and

(b) any 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,

but subject, where paragraph (b) applies, to any necessary modifications and in particular with the omission in Article III of the Rules of the second sentence of paragraph 4 and of paragraph 7.

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 and 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.


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