Status: This is the original version (as it was originally enacted).
Carriage of Goods by Sea Act 1992
1992 CHAPTER 50
An Act to replace the Bills of Lading Act 1855 with new provision with respect to bills of lading and certain other shipping documents.[16th July 1992] Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and connt of the Lords Spiritual and Temporal, and Commons, in this prent Parliament asmbled, and by the authority of the same, as follows:—
1Shipping documents etc. to which Act applies
(1)This Act applies to the following documents, that is to say—
(a)any bill of lading;
(b)any a waybill; and
(c)any ship’s delivery order.
(2)References in this Act to a bill of lading—
(a)do not include references to a document which is incapable of transfer either
by indorment or, as a bearer bill, by delivery without indorment; but
家里的小狗(b)subject to that, do include references to a received for shipment bill of lading.
(3)References in this Act to a a waybill are references to any document which is not a
bill of lading but—
(a)is such a receipt for goods as contains or evidences a contract for the carriage
of goods by a; and
(b)identifies the person to whom delivery of the goods is to be made by the carrier
in accordance with that contract.
(4)References in this Act to a ship’s delivery order are references to any document which
is neither a bill of lading nor a a waybill but contains an undertaking which—
(a)is given under or for the purpos of a contract for the carriage by a of the
goods to which the document relates, or of goods which include tho goods;
and
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(b)is an undertaking by the carrier to a person identified in the document to deliver
the goods to which the document relates to that person.
(5)The Secretary of State may by regulations make provision for the application of this
Act to cas where a telecommunication system or any other information technology is ud for effecting transactions corresponding to—
(a)the issue of a document to which this Act applies;
(b)the indorment, delivery or other transfer of such a document; or
(c)the doing of anything el in relation to such a document.
(6)Regulations under subction (5) above may—
(a)make such modifications of the following provisions of this Act as the Secretary
of State considers appropriate in connection with the application of this Act to
any ca mentioned in that subction; and
(b)contain supplemental, incidental, conquential and transitional provision;
and the power to make regulations under that subction shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either Hou of Parliament.
2Rights under shipping documents
(1)Subject to the following provisions of this ction, a person who becomes—
(a)the lawful holder of a bill of lading;
(b)the person who (without being an original party to the contract of carriage) is
基因测序技术the person to whom delivery of the goods to which a a waybill relates is to
be made by the carrier in accordance with that contract; or
(c)the person to whom delivery of the goods to which a ship’s delivery order relates
is to be made in accordance with the undertaking contained in the order, shall (by virtue of becoming the holder of the bill or, as the ca may be, the person to whom delivery is to be made) have transferred to and vested in him all rights of suit under the contract of carriage as if he had been a party to that contract.
(2)Where, when a person becomes the lawful holder of a bill of lading, posssion of the
bill no longer gives a right (as against the carrier) to posssion of the goods to which the bill relates, that person shall not have any rights transferred to him by virtue of subction (1) above unless he becomes the holder of the bill—
(a)by virtue of a transaction effected in pursuance of any contractual or other
arrangements made before the time when such a right to posssion cead to
繁茂的意思attach to posssion of the bill; or
(b)as a result of the rejection to that person by another person of goods or
documents delivered to the other person in pursuance of any such arrangements.
(3)The rights vested in any person by virtue of the operation of subction (1) above in
relation to a ship’s delivery order—
(a)shall be so vested subject to the terms of the order; and
(b)where the goods to which the order relates form a part only of the goods to
which the contract of carriage relates, shall be confined to rights in respect of
the goods to which the order relates.
(4)Where, in the ca of any document to which this Act applies—
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(a) a person with any interest or right in or in relation to goods to which the
document relates sustains loss or damage in conquence of a breach of the
contract of carriage; but
(b)subction (1) above operates in relation to that document so that rights of suit
in respect of that breach are vested in another person,
the other person shall be entitled to exerci tho rights for the benefit of the person who sustained the loss or damage to the same extent as they could have been exercid if they had been vested in the person for who benefit they are exercid.
(5)Where rights are transferred by virtue of the operation of subction (1) above in relation
to any document, the transfer for which that subction provides shall extinguish any entitlement to tho rights which derives—
(a)where that document is a bill of lading, from a person’s having been an original
party to the contract of carriage; or
(b)in the ca of any document to which this Act applies, from the previous
operation of that subction in relation to that document;
but the operation of that subction shall be without prejudice to any rights which derive from a person’s having been an original party to the contract contained in, or evidenced by, a a waybill and, in relation to a ship’s delivery order, shall be without prejudice to any rights deriving otherwi than from the previous operation of that subction in relation to that order.
3Liabilities under shipping documents
(1)Where subction (1) of ction 2 of this Act operates in relation to any document
to which this Act applies and the person in whom rights are vested by virtue of that subction—格凸河
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(a)takes or demands delivery from the carrier of any of the goods to which the
document relates;
(b)makes a claim under the contract of carriage against the carrier in respect of
any of tho goods; or
(c)is a person who, at a time before tho rights were vested in him, took or
demanded delivery from the carrier of any of tho goods,
that person shall (by virtue of taking or demanding delivery or making the claim or, in
a ca falling within paragraph (c) above, of having the rights vested in him) become
subject to the same liabilities under that contract as if he had been a party to that contract.
(2)Where the goods to which a ship’s delivery order relates form a part only of the goods
to which the contract of carriage relates, the liabilities to which any person is subject by virtue of the operation of this ction in relation to that order shall exclude liabilities in respect of any goods to which the order does not relate.
(3)This ction, so far as it impos liabilities under any contract on any person, shall be
without prejudice to the liabilities under the contract of any person as an original party to the contract.
4Reprentations in bills of lading
A bill of lading which—
(a)reprents goods to have been shipped on board a vesl or to have been
received for shipment on board a vesl; and
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(b)has been signed by the master of the vesl or by a person who was not the
master but had the express, implied or apparent authority of the carrier to sign
bills of lading,
shall, in favour of a person who has become the lawful holder of the bill, be conclusive evidence against the carrier of the shipment of the goods or, as the ca may be, of their receipt for shipment.
5Interpretation etc有效的沟通
(1)In this Act—
“bill of lading”, “a waybill” and “ship’s delivery order” shall be construed
in accordance with ction 1 above;
“the contract of carriage”—
(a)in relation to a bill of lading or a waybill, means the contract contained
in or evidenced by that bill or waybill; and
(b)in relation to a ship’s delivery order, means the contract under or for the
purpos of which the undertaking contained in the order is given;
“holder”, in relation to a bill of lading, shall be construed in accordance with
subction (2) below;
“information technology” includes any computer or other technology by
means of which information or other matter may be recorded or communicated
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without being reduced to documentary form; and
“telecommunication system” has the same meaning as in the
Telecommunications Act 1984.
(2)References in this Act to the holder of a bill of lading are references to any of the
following persons, that is to say—
(a) a person with posssion of the bill who, by virtue of being the person identified
in the bill, is the consignee of the goods to which the bill relates;
(b) a person with posssion of the bill as a result of the completion, by delivery
of the bill, of any indorment of the bill or , in the ca of a bearer bill, of any
other transfer of the bill;
(c) a person with posssion of the bill as a result of any transaction by virtue of
which he would have become a holder falling within paragraph (a) or (b) above
had not the transaction been effected at a time when posssion of the bill no
longer gave a right (as against the carrier) to posssion of the goods to which
the bill relates;
and a person shall be regarded for the purpos of this Act as having become the lawful holder of a bill of lading wherever he has become the holder of the bill in good faith.
(3)References in this Act to a person’s being identified in a document include references
to his being identified by a description which allows for the identity of the person in question to be varied, in accordance with the terms of the document, after its issue; and the reference in ction 1(3)
(b) of this Act to a document’s identifying a person shall be construed accordingly.
(4)Without prejudice to ctions 2(2) and 4 above, nothing in this Act shall preclude its
operation in relation to a ca where the goods to which a document relates—
(a)cea to exist after the issue of the document; or
(b)cannot be identified (whether becau they are mixed with other goods or for
any other reason);
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and references in this Act to the goods to which a document relates shall be construed accordingly.
(5)The preceding provisions of this Act shall have effect without prejudice to the
application, in relation to any ca, of the rules (the Hague-Visby Rules) which for the time being have the force of law by virtue of ction 1 of the Carriage of Goods by Sea Act 1971.
6Short title, repeal, commencement and extent
(1)This Act may be cited as the Carriage of Goods by Sea Act 1992.
(2)The Bills of Lading Act 1855 is hereby repealed.
(3)This Act shall come into force at the end of the period of two months beginning with
the day on which it is pasd; but nothing in this Act shall have effect in relation to any document issued before the coming into force of this Act.
(4)This Act extends to Northern Ireland.
