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England, extracts from the Merchant Shipping Acts

England

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Rights: Copyright ©  1894 England


Extracts from the Merchant Shipping Acts [of England]


Merchant Shipping Act 1894  1  *

PART V. SAFETY

Dangerous Goods

446. Restrictions on carriage of dangerous goods.

447. Penalty for misdescription of dangerous goods.

448. Power to deal with goods suspected of being dangerous.

449. Forfeiture of dangerous goods improperly sent or carried.

450. Saving for other enactments relating to dangerous goods.

PART VII. DELIVERY OF GOODS

Delivery of goods and lien for freight.

492. Definitions under Part VII.

493. Power of a shipowner to enter and land goods on default by owner of goods.

494. Lien for freight on landing goods.

495. Discharge of lien.

496. Provisions as to deposits by owners of goods.

497. Sale of goods by warehouseman.

498. Application of proceeds of sale.

499. Warehouseman's rent and expenses.

500. Warehouseman's protection.

501. Saving for powers under local Acts.


The Merchant Shipping (Liability of Shipowners and Others) Act 1900

(63 & 64 Vict c 32)

3. Limitation of liability where several claims arise on one occasion.


Merchant Shipping Act 1979

(a) IN RELATION TO VESSELS OTHER THAN HOVERCRAFT

17. Limitation of liability.

18. Exclusion of liability.

19. Provisions supplementary to ss 17 and 18.

SCHEDULE 4


Convention On Limitation Of Liability For Maritime Claims 1976

PART 1

CHAPTER I. THE RIGHT OF LIMITATION

ARTICLE 1 - Persons entitled to limit liability

ARTICLE 2 - Claims subject to limitation

ARTICLE 3 - Claims excepted from limitation

ARTICLE 4 - Conduct barring limitation

ARTICLE 5 - Counterclaims

CHAPTER II. LIMITS OF LIABILITY

ARTICLE 6 - The general limits

ARTICLE 7 - The limit for passenger claims

ARTICLE 8 - Unit of account

ARTICLE 9 - Aggregation of claims

ARTICLE 10 - Limitation of liability without constitution of a limitation fund

CHAPTER III. THE LIMITATION FUND

ARTICLE 11 - Constitution of the fund

ARTICLE 12 - Distribution of the fund

ARTICLE 13 - Bar to other actions

ARTICLE 14 - Governing law

ARTICLE 15

PART II- PROVISIONS HAVING EFFECT IN CONNECTION WITH CONVENTION

1. Interpretation

2. Right to limit liability

3. Claims subject to limitation

4. Claims excluded from limitation

5. The general limits

6. Limit for passenger claims

7. Units of Account

8. Constitution of fund

9. Distribution of fund

10. Bar to other actions

11. Meaning of 'court'

12. Meaning of 'ship'

13. Meaning of 'State Party'

IN RELATION TO HOVERCRAFT

SCHEDULE 4

PART I

CHAPTER I. THE RIGHT OF LIMITATION

ARTICLE 1 - Persons entitled to limit liability

ARTICLE 2 - Claims subject to limitation

ARTICLE 3 - Claims excepted from limitation

ARTICLE 4 - Conduct barring limitation

ARTICLE 5 - Counterclaims

ARTICLE 6 - The limits

[Articles 7 & 8 omitted]

ARTICLE 9 - Aggregation of claims

ARTICLE 10 - Limitation of liability without constitution of a limitation fund

CHAPTER III. THE LIMITATION FUND

ARTICLE 11 - Constitution of the fund

ARTICLE 12 - Distribution of the fund

ARTICLE 13 - Bar to other actions

CHAPTER IV. SCOPE OF APPLICATION

ARTICLE 15

PART II. PROVISIONS HAVING EFFECT IN CONNECTION WITH PART I OF THIS SCHEDULE

Interpretation

Distribution of fund

Bar to other actions

Meaning of 'Court'


Merchant Shipping Act 1981

1. Substitution of special drawing rights in limitation provisions of Merchant Shipping Acts.

2. Substitution of special drawing rights in limitation provisions of Carriage of Goods by Sea Act 1971.

3. Conversion of special drawing rights into sterling.

4. Extent.

5. Short title, citation, repeals and commencement.

SCHEDULE

Section 5 (3)

REPEALS

Endnotes

Endnotes


(57 & 58 Vict c 60)

(1) A person shall not send or attempt to send by any vessel, British or foreign, and a person not being the master or owner of the vessel, shall not carry or attempt to carry in any such vessel, any dangerous goods, without distinctly marking their nature on the outside of the package containing the same, and giving written notice of the nature of those goods and of the name and address of the sender or carrier thereof to the master or owner of the vessel at or before the time of sending the same to be shipped or taking the same on board the vessel.

(2) If any person fails without reasonable cause to comply with this section he shall for each offence be liable on conviction on indictment to a fine or on summary conviction to a fine not exceeding the statutory maximum; but it shall be a defence to show that the accused was merely an agent in the shipment of any such goods as aforesaid, and was not aware and did not suspect and had no reason to suspect that the goods shipped by him were of a dangerous nature.

(3) For the purpose of this part of this Act the expression "dangerous goods" means aquafortis, vitriol, naphtha, benzine, gunpowder, lucifer matches, nitro-glycerine, petroleum, any explosives within the meaning of the Explosives Act 1875, and any other goods which are of a dangerous nature.

A person shall not knowingly send or attempt to send by, or carry or attempt to carry in, any vessel, British or foreign, any dangerous goods under a false description, and shall not falsely describe the sender or carrier thereof, and if he acts in contravention of this section he shall for each offence be liable on conviction on indictment to a fine or on summary conviction to a fine not exceeding the statutory maximum.

(1) The master or owner of any vessel, British or foreign, may refuse to take on board any package or parcel which he suspects to contain any dangerous goods, and may require it to be opened to ascertain the fact.

(2) When any dangerous goods, or any goods, which in the judgment of the master or owner of the vessel, are dangerous goods, have been sent or brought aboard any vessel, British or foreign, without being marked as aforesaid, or without such notice having been given as aforesaid, the master or owner of the vessel may cause those goods to be thrown overboard, together with any package or receptacle in which they are contained; and neither the master nor the owner of the vessel shall be subject to any liability, civil or criminal, in any court for so throwing the goods overboard.

(1) Where any dangerous goods have been sent or carried, or attempted to be sent or carried, on board any vessel, British or foreign, without being marked as aforesaid, or without such notice having been given as aforesaid, or under a false description, or with a false description of the sender or carrier thereof, any court having Admiralty jurisdiction may declare those goods and any package or receptacle in which they are contained, to be, and they shall thereupon be, forfeited, and when forfeited, shall be disposed of as the court direct.

(2) The court shall have, and may exercise, the aforesaid powers of forfeiture and disposal notwithstanding that the owner of the goods has not committed any offence under the provisions of this Act relating to dangerous goods, and is not before the court, and has not notice of the proceedings, and notwithstanding that there is no evidence to show to whom the goods belong; nevertheless the court may in their discretion, require such notice as they may direct to be given to the owner or shipper of the goods before they are forfeited.

The provisions of this Part of this Act relating to the carriage of dangerous goods shall be deemed to be in addition to and not in substitution for, or in restraint of, any other enactment for the like object, so nevertheless that nothing in the said provisions shall be deemed to authorise any person to be sued or prosecuted twice in the same matter.

In this Part of this Act, unless the context otherwise requires:

The expression 'goods' includes every description of wares and merchandise;

The expression 'wharf' includes all wharves, quays, docks, and premises in or upon which any goods, when landed from ships, may be lawfully placed;

The expression 'warehouse' includes all warehouses, buildings and premises in which goods, when landed from ships, may be lawfully placed;

The expression 'report' means the report required by the customs or excise laws to be made by the master of an importing ship;

The expression 'entry' means the entry required by the customs or excise laws to be made for the landing or discharge of goods from an importing ship;

The expression 'shipowner' includes the master of the ship and every other person authorised to act as agent for the owner or entitled to receive the freight, demurrage, or other charges payable in respect of the ship;

The expression 'owner' used in relation to goods means every person who is for the time entitled, either as owner or agent for the owner, to the possession of the goods, subject in the case of a lien (if any), to that lien;

The expression 'wharfinger' means the occupier of a wharf as herein-before defined;

The expression 'warehouseman' means the occupier of a warehouse as herein-before defined.

(1) Where the owner of any goods imported in any ship from foreign parts into the United Kingdom fails to make entry thereof, or, having made entry thereof, to land the same or take delivery thereof, and to proceed therewith with all convenient speed, by the times severally herein-after mentioned, the shipowner may make entry of and land or unship the goods at the following times:

(a) If a time for the delivery of the goods is expressed in the charter-party, bill of lading, or agreement, then at any time after the time so expressed;

(b) If no time for the delivery of the goods is expressed in the charterparty, bill of lading, or agreement, then at any time after the expiration of seventy-two hours, exclusive of a Sunday or holiday, from the time of the report of the ship.

(2) Where a shipowner lands goods in pursuance of this section he shall place them, or cause them to be placed-

(a) if any wharf or warehouse is named in the charter-party, bill of lading, or agreement as the wharf or warehouse where the goods are to be placed and if they can be conveniently there received, on that wharf or in that warehouse, and

(b) in any other case on some wharf or in some warehouse on or in which goods of a like nature are usually placed; the wharf or warehouse being, if the goods are dutiable, a wharf or warehouse duly approved by the Commissioners of Customs and Excise for the landing of dutiable goods.

(3) If at any time before the goods are landed or unshipped the owner of the goods is ready and offers to land or take delivery of the same, he shall be allowed to do so, and his entry shall in that case be preferred to any entry which may have been made by the shipowner.

(4) If any goods are, for the purpose of convenience in assorting the same, landed at the wharf where the ship is discharged, and the owner of the goods at the time of that landing has made entry and is ready and offers to take delivery thereof, and to convey the same to some other wharf or warehouse, the goods shall be assorted at landing, and shall, if demanded, be delivered to the owner thereof within twenty-four hours after assortment; and the expense of and consequent on that landing and assortment shall be borne by the shipowner.

(5) If at any time before the goods are landed, or unshipped, the owner thereof has made entry for the landing and warehousing thereof at any particular wharf or warehouse other than that at which the ship is discharging, and has offered and been ready to take delivery thereof, and the shipowner has failed to make that delivery, and has also failed at the time of that offer to give the owner of the goods corrected information of the time at which the goods can be delivered, then the shipowner shall, before landing or unshipping the goods, in pursuance of this section, give to the owner of the goods or of such wharf or warehouse as last aforesaid twentyfour hours notice in writing of his readiness to deliver the goods, and shall, if he lands or unships the same without that notice, do so at his own risk and expense.

If at the time when any goods are landed from any ship, and placed in the custody of any person as a wharfinger or warehouseman, the shipowner gives to the wharfinger or warehouseman notice in writing that the goods are to remain subject to a lien for freight or other charges payable to the shipowner to an amount mentioned in the notice, the goods so landed shall, in the hands of the wharfinger or warehouseman, continue subject to the same lien, if any, for such charges as they were subject to before the landing thereof; and the wharfinger or warehouseman receiving those goods shall retain them until the lien is discharged as herein-after mentioned, and shall, if he fails so to do, make good to the shipowner any loss thereby occasioned to him.

The said lien for freight and other charges shall be discharged-

(1) upon the production to the wharfinger or warehouseman of a receipt for the amount claimed as due, and delivery to the wharfinger or warehouseman of a copy thereof or of a release of freight from the shipowner, and

(2) upon the deposit by the owner of the goods with the wharfinger or warehouseman of a sum of money equal in amount to the sum claimed as aforesaid by the shipowner;

but in the latter case the lien shall be discharged without prejudice to any other remedy which the shipowner may have for the recovery of the freight.

(1) When a deposit as aforesaid is made with the wharfinger or warehouseman, the person making the same may, within fifteen days after making it, stating in the notice the sums, if any, which he admits to be payable to the shipowner, or, as the case may be, that he does not admit any sum to be so payable, but if no such notice is given, the wharfinger or warehouseman may, at the expiration of the fifteen days, pay the sum deposited over to the shipowner.

(2) If a notice is given as aforesaid the wharfinger or warehouseman shall immediately apprize the shipowner of it, and shall pay or tender to him out of the sum deposited the sum, if any, admitted by the notice to be payable, and shall retain the balance, or if no sum is admitted to be payable, the whole of the sum deposited, for thirty days from the date of the notice.

(3) At the expiration of those thirty days unless legal proceedings have in the meantime been instituted by the shipowner against the owner of the goods to recover the said balance or sum, or otherwise for the settlement of any disputes which may have arisen between them concerning the freight or other charges as aforesaid, and notice in writing of those proceedings has been served on the wharfinger or warehouseman, the wharfinger or warehouseman shall pay the balance or sum to the owner of the goods.

(4) A wharfinger or warehouseman shall by any payment under this section be discharged from all liability in respect thereof.

(1) If the lien is not discharged, and no deposit is made as aforesaid, the wharfinger or warehouseman may, and, if required by the shipowner, shall, at the expiration of ninety days from the time when the goods were placed in his custody or, if the goods are of a perishable nature, at such earlier period as in his discretion he thinks fit, sell by public auction, either for home use or for exportation, the goods or so much thereof as may be necessary to satisfy the charges herein-after mentioned.

(2) Before making the sale the wharfinger or warehouseman shall give notice thereof by advertisement in two local newspapers circulating in the neighbourhood, or in one daily newspaper published in London, and in one local newspaper, and also, if the address of the owner of the goods has been stated on the manifest or the cargo, or on any of the documents which have come into the possession of the wharfinger or warehouseman, or is otherwise known to him, send notice of the sale to the owner of the goods by post.

(3) The title of a bona fide purchaser of the goods shall not be invalidated by reason of the omission to send the notice required by this section, nor shall any such purchaser be bound to inquire whether the notice has been sent.

The proceeds of sale shall be applied by the wharfinger or warehouseman as follows, and in the following order:

(i) first, if the goods are sold for home use, in payment of any customs and excise duties owing in respect thereof; then

(ii) in payment of the expenses of the sale; then

(iii) in payment of the charges of the wharfinger or warehouseman and the shipowner according to such priority as may be determined by the terms of the agreement (if any) in that behalf between them; or, if there is no such agreement--

(a) in payment of the rent, rates, and other charges due to the wharfinger or warehouseman in respect of the said goods; and then

(b) in payment of the amount claimed by the shipowner as due for freight or other charges in respect of the said goods; and the surplus, if any, shall be paid to the owner of the goods.

Whenever any goods are placed in the custody of a wharfinger or warehouseman, under the authority of this Part of this Act, the wharfinger or warehouseman shall be entitled to rent in respect of the same, and shall also have power, at the expense of the owner of the goods, to do all such reasonable acts as in the judgment of the wharfinger or warehouseman are necessary for the proper custody and preservation of the goods, and shall have a lien on the goods for the rent and expenses.

Nothing in this Part of this Act shall compel any wharfinger or warehouseman to take charge of any goods which he would not have been liable to take charge of if this Act had not been passed; nor shall he be bound to see the validity of any lien claimed by any shipowner under this Part of this Act.

Nothing in this Part of this Act shall take away or abridge any powers given by any local Act to any harbour authority, body corporate, or persons, whereby they are enabled to expedite the discharge of ships or the landing or delivery of goods; nor shall anything in this Part of this Act take away or diminish any rights or remedies given to any shipowner or wharfinger or warehouseman by any local Act.

The limitation of liability under this Act shall relate to the whole of any losses and damages, which may arise upon any one distinct occasion, although such losses and damages may be sustained by more than one person, and shall apply whether the liability arises at common law or under any general or private Act of Parliament, and notwithstanding anything contained in such Act.

Liability of shipowners and salvors

(1) The provisions of the Convention on Limitation of Liability for Maritime Claims 1976 as set out in Part I of Schedule 4 to this Act (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 the preceding subsection shall have effect subject to the provisions of that Part.

(1) Subject to subsection (3) of this section, the owner of a British ship shall not be liable for any loss or damage in the following cases, namely-

(a) where any property on board the ship is lost or damaged by reason of fire on board the ship; or

(b) where any gold, silver, watches, jewels or precious stones on board the ship are lost or damaged by reason of theft, robbery or other dishonest conduct and their nature and value were not at the time of shipment declared by their owner or shipper to the owner or master of the ship in the bill of lading or otherwise in writing.

(2) Subject to subsection (3) of this section, where the loss or damage arises from anything done or omitted by any person in his capacity as master or member of the crew or (otherwise than in that capacity) in the course of his employment as a servant of the owner of the ship, the preceding subsection shall also exclude the liability of--

(a) the master, member of the crew or servant; and

(b) in a case where the master or member of the crew is the servant of a person whose liability would not be excluded by that subsection apart from this paragraph, the person whose servant he is.

(3) This section does not exclude the liability of any person for any loss or damage resulting from any such personal act or omission of his as is mentioned in article 4 of the Convention in Part I of Schedule 4 to this Act.

(4) In this section 'owner', in relation to a ship, includes any part owner and any charterer, manager or operator of the ship.

(1) The enactments mentioned in Schedule 5 to this Act shall have effect with the amendments there specified (which are consequential on sections 17 and 18 of this Act).

(2) Her Majesty may by Order in Council provide that the said sections 17 and 18, the preceding subsection and Schedules 4 and 5 to this Act shall extend, with such modifications, if any, as are specified in the Order, to any of the following countries, namely-

(a) the Isle of Man;

(b) any of the Channel Islands;

(c) any colony;

(d) any country outside Her Majesty's dominions in which Her Majesty has jurisdiction in right of the government of the United Kingdom.

(3) Any statutory instrument made by virtue of the preceding subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) Nothing in the said sections 17 and 18 or the said Schedule 4 shall apply in relation to any liability arising out of an occurrence which took place before the coming into force of those sections, and subsection (1) of this section and Schedule 5 to this Act shall not affect the operation of any enactment in relation to such an occurrence.

Sections 17, 18,19, 49, 51(2)

1. Shipowners and salvors, as hereinafter defined, may limit their liability in accordance with the rules of this Convention for claims set out in Article 2.

2. The term 'shipowner' shall mean the owner, charterer, manager or operator of a seagoing ship.

3. Salvor shall mean any person rendering services in direct connexion with salvage operations. Salvage operations shall also include operations referred to in Article 2, paragraph l(d), (e) and (f).

4. If any claims set out in Article 2 are made against any person for whose act, neglect or default the shipowner or salvor is responsible, such person shall be entitled to avail himself of the limitation of liability provided for in this Convention.

5. In this Convention the liability of a shipowner shall include liability in an action brought against the vessel herself.

6. An insurer of liability for claims subject to limitation in accordance with the rules of this Convention shall be entitled to the benefits of this Convention to the same extent as the assured himself.

7. The act of invoking limitation of liability shall not constitute an admission of liability.

1. Subject to Articles 3 and 4 the following claims, whatever the basis of liability may be, shall be subject to limitation of liability:

(a) claims in respect of loss of life or personal injury or loss of or damage to property (including damage to harbour works, basins and waterways and aids to navigation), occurring on board or in direct connexion with the operation of the ship or with salvage operations, and consequential loss resulting therefrom;

(b) claims in respect of loss resulting from delay in the carriage by sea of cargo, passengers or their luggage;

(c) claims in respect of other loss resulting from infringement of rights other than contractual rights, occurring in direct connexion with the operation of the ship or salvage operations;

(d) claims in respect of the raising, removal, destruction or the rendering harmless of a ship which is sunk, wrecked, stranded or abandoned, including anything that is or has been on board such ship;

(e) claims in respect of the removal, destruction or the rendering harmless of the cargo of the ship

(f) claims of a person other than the person liable in respect of measures taken in order to avert or minimize loss for which the person liable may limit his liability in accordance with this Convention, and further loss caused by such measures.

2. Claims set out in paragraph I shall be subject to limitation of liability even if brought by way of recourse or for indemnity under a contract or otherwise. However, claims set out under paragraph l(d), (e) and (f) shall not be subject to limitation of liability to the extent that they relate to remuneration under a contract with the person liable.

The rules of this Convention shall not apply to:

(a) claims for salvage or contribution in general average;

(b) claims for oil pollution damage within the meaning of the International Convention on Civil Liability for Oil Pollution Damage dated 29 November 1969 or of any amendment or Protocol thereto which is in force;

(c) claims subject to any international convention or national legislation governing or prohibiting limitation of liability for nuclear damage;

(d) claims against the shipowner of a nuclear ship for nuclear damage;

(e) claims by servants of the shipowner or salvor whose duties are connected with the ship or the salvage operations, including claims of their heirs, dependants or other persons entitled to make such claims, if under the law governing the contract of service between the shipowner or salvor and such servants the shipowner or salvor is not entitled to limit his liability in respect of such claims, or if he is by such law only permitted to limit his liability to an amount greater than that provided for in Article 6.

A person liable shall not be entitled to limit his liability if it is proved that the loss resulted from his personal act or omission, committed with the intent to cause such loss, or recklessly and with knowledge that such loss would probably result.

Where a person entitled to limitation under the rules of this Convention has a claim against the claimant arising out of the same occurrence, their respective claims shall be set off against each other and the provisions of this Convention shall only apply to the balance, if any.

1. The limits of liability for claims other than those mentioned in Article 7, arising on any distinct occasion, shall be calculated as follows:

(a) in respect of claims for loss of life or personal injury,

(i) 333,000 Units of Account for a ship with a tonnage not exceedings 500 tons,

(ii) for a ship with a tonnage in excess thereof, the following amount in addition to that mentioned in (i): for each ton from 501 to 3,000 tons, 500 Units of Account; for each ton from 3,001 to 30,000 tons, 333 Units of Account; for each ton from 30,001 to 70,000 tons, 250 Units of Account, and for each ton in excess of 70,000 tons, 167 Units of Account,

(b) in respect of any other claims,

(i) 167,000 Units of Account for a ship with a tonnage not exceeding 500 tons,

(ii) for a ship with a tonnage in excess thereof the following amount in addition to that mentioned in (i): for each ton from 501 to 30,000 tons, 167 Units of Account; for each ton from 30,301 to 70,000 tons, 125 Units of Account; and for each ton in excess of 70,000 tons, 83 Units of Account,

2. Where the amount calculated in accordance with paragraph 1(a) is insufficient to pay the claims mentioned therein in full, the amount calculated in accordance with paragraph 1(b) shall be available for payment of the unpaid balance of claims under paragraph 1(a) and such unpaid balance shall rank rateably with claims mentioned under paragraph 1 (b).

4. The limits of liability for any salvor not operating from any ship or for any salvor operating solely on the ship to, or in respect of which he is rendering salvage services, shall be calculated according to a tonnage of 1,500 tons.

1. In respect of claims arising on any distinct occasion for loss of life or personal injury to passengers of a ship, the limit of liability of the shipowner thereof shall be an amount of 46,666 Units of Account multiplied by the number of passengers which the ship is authorised to carry according to the ship's certificate, but not exceeding 25 million Units of Account.

2. For the purpose of this Article 'claims for loss of life or personal injury to passengers of a ship' shall mean any such claims brought by or on behalf of any person carried in that ship:

(a) under a contract of passenger carriage, or

(b) who, with the consent of the carrier, is accompanying a vehicle or live animals which are covered by a contract for the carriage of goods.

1. The Unit of Account referred to in Articles 6 and 7 is the Special Drawing Right as defined by the International Monetary Fund. The amounts mentioned in Articles 6 and 7 shall be converted into the national currency of the State in which limitation is sought, according to the value of that currency at the date the limitation fund shall have been constituted, payment is made, or security is given which under the law of that State is equivalent to such payment.

1. The limits of liability determined in accordance with Article 6 shall apply to the aggregate of all claims which arise on any distinct occasion:

(a) against the person or persons mentioned in paragraph 2 of Article 1 and any person for whose act, neglect or default he or they are responsible, or

(b) against the shipowner of a ship rendering salvage services from that ship and the salvor or salvors operating from such ship and any person for whose act, neglect or default he or they are responsible; or

(c) against the salvor or salvors who are not operating from a ship or who are operating solely on the ship to, or in respect of which, the salvage services are rendered and any person for whose act, neglect or default he or they are responsible.

2. The limits of liability determined in accordance with Article 7 shall apply to the aggregate of all claims subject thereto which may arise on any distinct occasion against the person or persons mentioned in paragraph 2 of Article 1 in respect of the ship referred to in Article 7 and any person for whose act, neglect or default he or they are responsible.

1. Limitation of liability may be invoked notwithstanding that a limitation fund as mentioned in Article 11 has not been constituted.

2. If limitation of liability is invoked without the constitution of a limitation fund, the provisions of Article 12 shall apply correspondingly.

3. Questions of procedure arising under the rules of this Article shall be decided in accordance with the national law of the State Party in which action is brought.

1. Any person alleged to be liable may constitute a fund with the Court or other competent authority in any State Party in which legal proceedings are instituted in respect of claims subject to limitation. The fund shall be constituted in the sum of such of the amounts set out in Articles 6 and 7 as are applicable to claims for which that person may be liable, together with interest thereon from the date of the occurrence giving rise to the liability until the date of the constitution of the fund. Any fund thus constituted shall be available only for the payment of claims in respect of which limitation of liability can be invoked.

2. A fund may be constituted, either by depositing the sum, or by producing a guarantee acceptable under the legislation of the State Party where the fund is constituted and considered to be adequate by the Court or other competent authority.

3. A fund constituted by one of the persons mentioned in paragraph 1(a),(b) or (c) or paragraph 2 of Article 9 or his insurer shall be deemed constituted by all persons mentioned in paragraph l(a), (b) or (c) or paragraph 2, respectively.

1. Subject to the provisions of paragraphs 1 and 2 of Article 6 and of Article 7, the fund shall be distributed among the claimants in proportion to their established claims against the fund.

2. If, before the fund is distributed, the person liable, or his insurer, has settled a claim against the fund such person shall, up to the amount he has paid, acquire by subrogation the rights which the person so compensated would have enjoyed under this Convention.

3. The right of subrogation provided for in paragraph 2 may also be exercised by persons other than those therein mentioned in respect of any amount of compensation which they may have paid, but only to the extent that such subrogation is permitted under the applicable national law.

4. Where the person liable or any other person establishes that he may be compelled to pay, at a later date, in whole or in part any such amount of compensation with regard to which such person would have enjoyed a right of subrogation pursuant to paragraphs 2 and 3 had the compensation been paid before the fund was distributed, the Court or other competent authority of the State where the fund has been constituted may order that a sufficient sum shall be provisionally set aside to enable such person at such later date to enforce his claim against the fund.

1. Where a limitation fund has been constituted in accordance with Article 11, any person having made a claim against the fund shall be barred from exercising any right in respect of such a claim against any other assets of a person by or on behalf of whom the fund has been constituted.

2. After a limitation fund has been constituted in accordance with Article 11, any ship or other property, belonging to a person on behalf of whom the fund has been constituted, which has been arrested or attached within the jurisdiction of a State Party for a claim which may be raised against the fund, or any security given, may be released by order of the court or other competent authority of such State. However, such release shall always be ordered if the limitation fund has been constituted:

(a) at the port where the occurrence took place, or, if it took place out of port, at the first port of call thereafter; or

(b) at the port of disembarkation in respect of claims for loss of life or personal injury; or

(c) at the port of discharge in respect of damage to cargo; or

(d) in the State where the arrest is made.

3. The rules of paragraphs 1 and 22 shall apply only if the claimant may bring a claim against the limitation fund before the Court administering that fund and the fund is actually available and freely transferable in respect of that claim.

Subject to the provisions of this Chapter the rules relating to the constitution and distribution of a limitation fund, and all rules of procedure in connection therewith, shall be governed by the law of the State Party in which the fund is constituted.

This Convention shall apply whenever any person referred to in Article 1 seeks to limit his liability before the Court of a State Party or seeks to procure the release of a ship or other property or the discharge of any security given within the jurisdiction of any such State.

In this Part of this Schedule any reference to a numbered article is a reference to the article of the Convention which is so numbered.

The right to limit liability under the Convention shall apply in relation to any ship whether seagoing or not, and the definition of 'shipowner' in paragraph 2 of Article I shall be construed accordingly.

(1) Paragraph l(d) of Article 2 shall not apply unless provision has been made by an order of the Secretary of State for the setting up and management of a fund to be used for the making to harbour or conservancy authorities of payments needed to compensate them for the reduction, in consequence of the said paragraph l(d), of amounts recoverable by them in claims of the kind there mentioned, and to be maintained by contributions from such authorities raised and collected by them in respect of vessels in like manner as other sums so raised by them.

(2) Any order under sub-paragraph (1) above may contain such incidental and supplemental provisions as appear to the Secretary of State to be necessary or expedient.

(3) If immediately before the coming into force of section 17 of this Act an order is in force under section 2(6) of the Merchant Shipping (Liability of Shipowner and Others) Act 1958 (which contains provisions corresponding to those of this paragraph) that order shall have effect as if made under this paragraph.

(1) The claims excluded from the Convention by paragraph (b) of Article 3 are claims in respect of any liability incurred under section 1 of the Merchant Shipping (Oil Pollution) Act 1971.

(2) The claims excluded from the Convention by paragraph (c) of Article 3 are claims made by virtue of any of sections 7 to 11 of the Nuclear Installations Act 1965.

(1) In the application of Article 6 to a ship with a tonnage less than 300 tons that article shall have effect as if--

(a) paragraph (a)(i) referred to 166,667 Units of Account; and

(b) paragraph (b)(i) referred to 83,333 Units of Account.

(2) For the purposes of Article 6 and this paragraph a ship's tonnage shall be its gross tonnage calculated in such manner as may be prescribed by an order made by the Secretary of State.

(3) Any order under this paragraph shall, so far as appears to the Secretary of State to be practicable, give effect to the regulations in Annex I of the International Convention on Tonnage Measurement of Ships 1969.

(1) In the case of a passenger steamer within the meaning of Part III of the Merchant Shipping Act 1894 the ship's certificate mentioned in paragraph 1 of the Article 7 shall be the passenger steamer's certificate issued under section 274 of that Act.

(2) In paragraph 2 of Article 7 the reference to claims brought on behalf of a person includes a reference to any claim in respect of the death of a person under the Fatal Accidents Act 1976, the Fatal Accidents (Northern Ireland) Order 1977 or the Damages (Scotland) Act 1976.

(1) For the purpose of converting the amounts mentioned in Articles 6 and 7 from special drawing rights into sterling one special drawing right shall be treated as equal to such a sum in sterling as the International Monetary Fund have fixed as being the equivalent of one special drawing right for--

(a) the relevant date under paragraph 1 of Article 8; or

(b) if no sum has been so fixed for that date, the last preceding date for which a sum has been so fixed.

(2) A certificate given by or on behalf of the Treasury stating--

(a) that a particular sum in sterling has been fixed as mentioned in the preceding sub-paragraph for a particular date; or

(b) that no sum has been so fixed for that date and that a particular sum in sterling has been so fixed for a date which is the last preceding date for which a sum has been so fixed.

shall be conclusive evidence of those matters for the purposes of those Articles; and a document purporting to be such a certificate shall, in any proceedings, be received in evidence and, unless the contrary is proved, be deemed to be such a certificate.

(1) The Secretary of State may from time to time, with the concurrence of the Treasury, by order prescribe the rate of interest to be applied for the purposes of paragraph 1 of Article 11.

(2) Where a fund is constituted with the court in accordance with Article 11 for the payment of claims arising out of any occurrence, the court may stay any proceedings relating to any claim arising out of that occurrence which are pending against the person by whom the fund has been constituted.

No lien or other right in respect of any ship or property shall affect the proportions in which under Article 12 the fund is distributed among several claimants.

Where the release of a ship or other property is ordered under paragraph 2 of Article 13 the person on whose application it is ordered to be released shall be deemed to have submitted to (or, in Scotland, prorogated) the jurisdiction of the court to adjudicate on the claim for which the ship or property was arrested or attached.

References in the Convention and the preceding provisions of this Part of this Schedule to the court are--

(a) in relation to England and Wales, references to the High Court;

(b) in relation to Scotland, references to the Court of Session;

(c) in relation to Northern Ireland, references to the High Court of Justice in Northern Ireland.

References in the Convention and in the preceding provisions of this Part of this Schedule to a ship include references to any structure (whether completed or in course of completion) launched and intended for use in navigation as a ship or part of a ship.

An Order in Council made for the purposes of this paragraph and declaring that any State specified in the Order is a party to the Convention shall, subject to the provisions of any subsequent Order made for those purposes, be conclusive evidence that the State is a party to the Convention.

17. The Fourth Schedule to this Act shall have effect in relation to the limitation of liability for claims in respect of hovercraft.

18.

(1) Subject to subsection (3) of this section, the owner of a hovercraft registered in the United Kingdom shall not be liable for any loss or damage in the following cases, namely--

(a) where any property on board the hovercraft is lost or damaged by reason of fire on board the hovercraft; or

(b) where any gold, silver, watches, jewels or precious stones on board the hovercraft are lost or damaged by reason of theft, robbery or other dishonest conduct and their nature and value were not at the time of shipment declared by their owner or shipper to the owner or captain of the hovercraft in the bill of lading or otherwise in writing.

(2) Subject to subsection (3) of this section, where the loss or damage arises from anything done or omitted by any person in his capacity as captain or member of the crew or (otherwise than in that capacity) in the course of his employment as a servant of the owner of the hovercraft, the preceding subsection shall also exclude the liability of--

(a) the captain, member of the crew or servant; and

(b) in a case where the captain or member of the crew is the servant of a person whose liability would not be excluded by that subsection apart from this paragraph, the person whose servant he is.

(3) This section does not exclude the liability of any person for any loss or damage resulting from any such personal act or omission of his as is mentioned in article 4 of Part I of Schedule 4 to this Act.

(4) In this section 'owner', in relation to hovercraft, includes any part owner and any charterer, manager or operator of the hovercraft.

1. Owners and salvors, as hereinafter defined, may limit their liability in accordance with the rules of this Part of this Schedule for claims set out in article 2.

2. The term 'owner' shall mean the owner, charterer, manager or operator of a hovercraft.

3. Salvor shall mean any person rendering services in direct connection with salvage operations. Salvage operations shall also include operations referred to in article 2, paragraph l (d), (e) and (f). 'Salvage operations' are limited to salvage operations to or from a hovercraft, and do not include any such operations to or from a ship.

4. If any claims set out in article 2 are made against any person for whose act, neglect or default the owner or salvor is responsible, such person shall be entitled to avail himself of the limitation of liability provided for in this Part of this Schedule.

5. In this Part of this Schedule the liability of an owner shall include liability in an action brought against the hovercraft herself.

6. An insurer of liability for claims subject to limitation in accordance with the rules of this Part of this Schedule shall be entitled to the benefits of this Part of this Schedule to the same extent as the assured himself.

7. The act of invoking limitation of liability shall not constitute an admission of liability.

1. Subject to Articles 3 and 4 the following claims, whatever the basis of liability may be, shall be subject to limitation of liability:

(a) claims in respect of loss of life or personal injury or loss of or damage to property (including damage to harbour works, basins and waterways and aids to navigation), occurring on board or in direct connection with the operation of the hovercraft or with salvage operations, and consequential loss resulting therefrom;

(b) claims in respect of loss resulting from delay in the carriage of cargo;

(c) claims in respect of other loss resulting from infringement of rights other than contractual rights, occurring in direct connection with the operation of the hovercraft or salvage operations;

(e) claims in respect of the removal, destruction or the rendering harmless of the cargo of the hovercraft;

(f) claims of a person other than the person liable in respect of measures taken in order to avert or minimize loss for which the person liable may limit his liability in accordance with this Part of this Schedule, and further loss caused by such measures.

2. Claims set out in paragraph 1 shall be subject to limitation of liability even if brought by way of recourse or for indemnity under a contract or otherwise. However, claims set out under paragraph l(e) and (f) shall not be subject to limitation of liability to the extent that they relate to remuneration under a contract with the person liable.

The rules of this Part of this Schedule shall not apply to:

(a) claims for salvage or contribution in general average;

(c) claims subject to any international convention or national legislation governing or prohibiting limitation of liability for nuclear damage.

A person liable shall not be entitled to limit his liability if it is proved that the loss resulted from his personal act or omission, committed with the intent to cause such loss, or recklessly and with knowledge that such loss would probably result.

Where a person entitled to limitation of liability under the rules of this Part of this Schedule has a claim against the claimant arising out of the same occurrence, their respective claims shall be set off against each other and the provisions of this Part of this Schedule shall only apply to the balance, if any.

1. The limits of liability for claims arising on any distinct occasion shall be calculated as follows:

(a) In respect of claims for loss of life or personal injury:

(i) 142,014 Pound Sterling for a hovercraft with a maximum operational weight not exceeding 8,000 kg,

(ii) 276,601 Pound Sterling for a hovercraft with a maximum operational weight in excess of 8,000 kg, but not exceeding 13,000 kg,

(iii) for a hovercraft with a maximum operational weight in excess thereof the following amount in addition to that mentioned in (ii):

--for each kg from 13,001 to 80,000 kg, 15-98 Pound Sterling.

--for each kg in excess of 80,000 kg, 10-64 Pound Sterling.

(b) In respect of any other claim,

(i) 59,560 Pound Sterling for a hovercraft with a maximum operational weight not exceeding 8,000 kg,

(ii) 116,378 Pound Sterling for a hovercraft with a maximum operational weight in excess of 8,000 kg, but not exceeding 13,000 kg,

(iii) for a hovercraft with a maximum operational weight in excess thereof, an amount in addition to that mentioned at (ii) which equals 4-48 Pound Sterling for each additional kg.

2. Where the amount calculated in accordance with paragraph 1(a) is insufficient to pay the claims mentioned therein in full, the amount calculated in accordance with paragraph 1(b) shall be available for payment of the unpaid balance of claims under paragraph 1(a) and such unpaid balance shall rank rateably with claims mentioned under paragraph 1(b).

1. The limits of liability determined in accordance with Article 6 shall apply to the aggregate of all claims which arise on any distinct occasion:

(a) against the person or persons mentioned in paragraph 2 of Article 1 and any person for whose act, neglect or default he or they are responsible; or

(b) against the owner of a hovercraft rendering salvage services from that hovercraft and the salvor or salvors operating from such hovercraft and any person for whose act, neglect or default he or they are responsible; or

(c) against the salvor or salvors who are not operating from a hovercraft or whose are operating solely on the hovercraft to, or in respect of which, the salvage services are rendered and any person for whose act, neglect or default he or they are responsible.

1. Limitation of liability may be invoked notwithstanding that a limitation fund as mentioned in Article 11 has not been constituted.

2. If limitation of liability is invoked without the constitution of a limitation fund, the provisions of Article 12 shall apply correspondingly.

1. Any person alleged to be liable may constitute a fund with the Court in respect of claims subject to limitation. The fund shall be constituted in the sum of such of the amounts set out in Article 6 as are applicable to claims for which that person may be liable, together with interest thereon from the date of the occurrence giving rise to the liability until the date of the constitution of the fund. Any fund thus constituted shall be available only for the payment of claims in respect of which limitation of liability can be invoked.

2. A fund may be constituted, either by depositing the sum, or by producing a guarantee considered to be adequate by the Court.

3. A fund constituted by one of the persons mentioned in paragraph l(a), (b) or (c) of Article 9 or his insurer shall be deemed constituted by all persons mentioned in paragraph I (a), (b) or (c), respectively.

1. Subject to the provisions of paragraphs I and 2 of Article 6, the fund shall be distributed among the claimants in proportion to their established claims against the fund.

2. If, before the fund is distributed, the person liable, or his insurer, has settled a claim against the fund such person shall, up to the amount he has paid, acquire by subrogation the rights which the person so compensated would have enjoyed under this Part of this Schedule.

3. The right of subrogation provided for in paragraph 2 may also be exercised by persons other than those therein mentioned in respect of any amount of compensation which they may have paid, but only to the extent that such subrogation is permitted under the applicable law.

4. Where the person liable or any other person establishes that he may be compelled to pay, at a later date, in whole or in part any such amount of compensation with regard to which such person would have enjoyed a right of subrogation pursuant to paragraphs 2 and 3 had the compensation been paid before the fund was distributed, the Court where the fund has been constituted may order that a sufficient sum shall be provisionally set aside to enable such person at such later date to enforce his claim against the fund.

1. Where a limitation fund has been constituted in accordance with Article 11, any person having made a claim against the fund shall be barred from exercising any right in respect of such a claim against any other assets of a person by or on behalf of whom the fund has been constituted.

2. After a limitation fund has been constituted in accordance with Article 11, any hovercraft or other property, belonging to a person on behalf of whom the fund has been constituted, which has been arrested for a claim which may be raised against the fund, or any security given, shall be released by order of the Court.

This part of this Schedule shall apply whenever any person referred to in Article 1 seeks to limit his liability before the Court or seeks to procure the release of a hovercraft or other property or the discharge of any security given within the jurisdiction of the Court.

1. In this part of this Schedule any reference to a numbered article is a reference to the article of Part I of this Schedule which is so numbered.

8. The rate of interest to be applied for the purposes of paragraph 1 of Article 11 shall be the rate prescribed for the time being in any order made by the Secretary of State in exercise of his powers under paragraph 8 of Part II of Schedule 4 to the Merchant Shipping Act 1979 as it applies in connection with ships.

9. No lien or other right in respect of any hovercraft or property shall affect the proportions in which under Article 12 the fund is distributed among several claimants.

10. Where the release of a hovercraft or other property is ordered under paragraph 2 of Article 13 the person on whose application it is ordered to be released shall be deemed to have submitted to (or, in Scotland, prorogated) the jurisdiction of the Court to adjudicate on the claim for which the hovercraft or property was arrested or attached.

11. References in Part 1 of this Schedule and the preceding provisions of this Part of this Schedule to the Court are--

(a) in relation to England and Wales, references to the High Court;

(b) in relation to Scotland, references to the Court of Session;

(c) in relation to Northern Ireland, references to the High Court of Justice in Northern Ireland.

An Act to replace by amounts equivalent to special drawing rights of the International Monetary Fund the amounts in gold francs specified in certain provisions limiting the liability of shipowners and others. [15 April 1981]

(1) Section 503 of the Merchant Shipping Act 1894, as amended by the Merchant Shipping (Liability of Shipowners and Others) Act 1958, shall have effect subject to the provisions of subsections (2) and (3) below, being provisions consequential on a Protocol signed on 21st December 1979 amending the International Convention of 1957 relating to the limitation of the liability of owners of sea-going ships.

(2) The amounts per ton to be taken into account under subsection (1)(i) and (ii) of the said section 503 shall, instead of being amounts respectively equivalent to 3,100 and 1,000 golds francs, be amounts respectively equivalent to 206-67 and 66-67 special drawing rights.

(3) The special drawing rights referred to above are the special drawing rights as defined by the International Monetary Fund, and their equivalent shall be determined on the basis of the value of sterling--

(a) if a limitation action is brought, on the date on which the limitation fund is constituted; and

(b) in any other case, on the date of the judgment in question.

(4) The amount per ton to be taken into account under section 2 of the Merchant Shipping (Liability of Shipowners and Others) Act 1900, as amended by the said Act of 1958, shall, instead of being an amount equivalent to 1,000 gold francs, be an amount equivalent to 66-67 special drawing rights and subsection (3) above shall apply also for the purposes of this subsection.

(5) In section 1(1) of the said Act of 1958 (which is in part superseded by the foregoing provisions)-

(a) the words 'or section two' to the end of paragraph (b) shall be omitted; and

(b) for the words 'and the number by which the amount substituted by paragraph (a) of this subsection is to be multiplied' there shall be substituted the words 'the number by which the amount equivalent to 206-67 special drawing rights is to be multiplied'.

(6) In section 5 of the said Act of 1958 (release of ship where guarantee given in Convention country) 'the Convention' shall mean the Convention there mentioned with or without the amendments made by the Protocol referred to in subsection (1) above and 'Convention country' shall be construed accordingly.

(1) In section 1 of the Carriage of Goods by Sea Act 1971 (which gives effect to the International Convention for the unification of certain rules of law relating to bills of lading signed at Brussels on 25 August 1924 as amended by the Protocol signed at Brussels on 23 February 1968) after the words in subsection (1) 'as amended by the Protocol signed at Brussels on 23 February 1968' there shall be inserted the words 'and by the Protocol signed at Brussels on 21 December 1979'.

(2) In consequence of the said Protocol of 1979 Article IV of the Rules set out in the Schedule to that Act shall be amended in accordance with the following provisions.

(3) In paragraph 5(a) of that Article--

(a) for the words 'the equivalent of 10,000 francs' there shall be substituted the words '666-67 units of account';

(b) for the words '30 francs per kilo' there shall be substituted the words '2 units of account per kilogramme'.

(4) For paragraph 5(d) of that Article there shall be substituted-- '(d) The unit of account mentioned in this Article is the special drawing right as defined by the International Monetary Fund. The amounts mentioned in sub-paragraph (a) of this paragraph shall be converted into national currency on the basis of the value of that currency on a date to be determined by the law of the Court seized of the case'.

(5) In its application by virtue of the said Act of 1971 paragraph 5(d) of the said Article IV shall have effect as if the date there mentioned were the date of the judgment in question.

(6) In its application by virtue of the said Act of 1971 Article X of the Rules set out in the Schedule to that Act shall have effect as if references to a contracting State included references to a State that is a contracting State in respect of the Rules without the amendments made by the said Protocol of 1979 as well as to one that is a contracting State in respect of the Rules as so amended, and section 2 of that Act (certification of contracting States) shall have effect accordingly.

(1) For the purposes of section 1 above and of Article IV of the Rules set out in the Schedule to the Carriage of Goods by Sea Act 1971 as amended by section 2 above, the value on a particular day of one special drawing right shall be treated as equal to such a sum in sterling as the International Monetary Fund have fixed as being the equivalent of one special drawing right--

(a) for that day; or

(b) if no sum has been so fixd for that day, for the last day before that day for which a sum has been so fixed.

(2) A certificate given by or on behalf of the Treasury stating--

(a) that a particular sum in sterling has been fixed as aforesaid for a particular day; or

(b) that 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,

shall be conclusive evidence of those matters for the purposes of subsection (1) above; and a document purporting to be such a certificate shall in any proceedings be received in evidence and, unless the contrary is proved, be deemed to be such a certificate.

(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.

(1) This Act extends to Northern Ireland.

(2) The provisions to which section 11 of the Merchant Shipping (Liability of Shipowners and Others) Act 1958 applies (extension to British possessions etc) shall include section 1 above and so much of the other provisions of this Act as relates to that section; and the provisions to which section 4 of the Carriage of Goods by Sea Act 1971 applies (extension to British possessions etc) shall include section 2 above and so much of the other provisions of this Act as relates to that section.

(1) This Act may be cited as the Merchant Shipping Act 1981.

(2) This Act, except so far as it relates to the Carriage of Goods by Sea Act 1971, shall be construed as one with the Merchant Shipping Acts 1894 to 1979 and may be cited with those Acts as the Merchant Shipping Acts 1894 to 1981.

(3) The enactments mentioned in the Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.

(4) This Act shall come into force on such day as Her Majesty may by Order in Council appoint and different days may be appointed for different provisions or different purposes of the same provision.

(5) An Order under subsection (4) above may contain transitional provisions.

(6) Any judgment in respect of a liability limited by a provision amended by this Act shall, if given after the coming into force of the amendment, be given in accordance with the amended provision irrespective of when the liability arose.

1958 c 62. The Merchant Shipping (Liability of Shipowners and Others) Act 1958: In section 1, in subsection (1) the words from 'or section two' to the end of paragraph (b) and subsections (2), (3) and (4). 1971 c 19. The Carriage of Goods by Sea Act 1971: Section 1(5).

 1. The Act is printed as amended.


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