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 Brusls on 25th August 1924, as amended by the Protocol signed at Brusls on 23rd February 1968.
2. The provisions of the Rules, as t out in the Schedule to this Act, shall have the force of law.
3. Without prejudice to subction (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 a 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 subction (6) below, nothing in this ction shall be taken as applying anything in the Rules to any contract for the carriage of goods by a, unless the contract expressly or by implication provides for the issue of a bill of lading or any similar document of title.
5. [Repealed].
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,
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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 a 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 cond ntence 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 subction (6) above applies to deck cargo and live animals, the
Rules as given the force of law by that subction shall have effect as if Article I (c) did not exclude deck cargo and live animals.
In this subction ‘deck cargo’ means cargo which by the contract of carriage is stated as being carried on deck and is so carried.
Article 1A. – Conversion of special drawing rights into sterling
(1) For the purpos of Article IV of the Rules 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 fixed 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
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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 tho matters for the purpo of subction (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 subction (2) above, and any fee received by the Treasury by virtue of this subction shall be paid into the Consolidated Fund.
Article 2. - Contracting States, etc
2. (1) If Her Majesty by Order in Council certifies to the following effect, that is to say, that for the purpos of the Rules:
(a) a State specified in the Order is a contracting State, or is a contracting State in
respect of any place or territory so specified; or
(b) any place or territory specified in the Order forms part of a State so specified
(whether a contracting State or not),
the Order shall, except so far as it has been superded by a subquent Order, be conclusive evidence of the matters so certified.
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2. (2) An Order in Council under this ction may be varied or revoked by a subquent Order in Council.
Article 3. - Absolute warranty of aworthiness not to be implied in contracts to which Rules apply
3. There shall not be implied in any contract for the carriage of goods by a to which the Rules apply by virtue of this Act any absolute undertaking by the carrier of the goods to provide a aworthy ship.
Article 4. - Application of Act to British posssions, etc.
4. (1) Her Majesty may by Order in Council direct that this Act shall extend, subject to such exceptions, adaptations and modifications as may be specified in the Order, to all or any of the following territories, that is:
(a) any colony (not being a colony for who external relations a country other than the
United Kingdom is responsible);
(b) any country outside Her Majesty’s dominions in which Her Majesty has jurisdiction
overallsin right of Her Majesty’s Government of the United Kingdom.
4. (2) An Order in Counl under this ction may contain such transitional and other conquential and incidental provisions as appear to Her Majesty to be expedient, including provisions amending or repealing any legislation about the carriage of goods by a forming part of the law of any of the territories mentioned in paragraphs (a) and (b) above.
4. (3) An Order in Council under this ction may be varied or revoked by a subquent Order in Council.
Article 5. -Extension of application of Rules to carriage from ports in British posssions, etc
5. (1) Her Majesty may by Order in Council provide that ction 1(3) of this Act shall have effect as if the reference therein to the United Kingdom included a reference to all or any of
the following territories, that is:
(a) the Isle of Man;
(b) any of the Channel Islands specified in the Order;
(c) any colony specified in the Order (not being a colony for who external relations a
country other than the United Kingdom is responsible);
(d) any associated state (as defined by ction 1(3) of theWest Indies Act 1967)
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(e) any country specified in the Order, being a country outside Her Majesty’s dominions
in which Her Majesty has jurisdiction in right of Her Majesty’s Government of the United Kingdom.
5. (2) An Order in Council under this ction may be varied or revoked by a subquent Order in Council.
Article 6 - Supplemental
6. (1) This Act may be cited as the Carriage of Goods by Sea Act 1971.
6. (2) It is hereby declared that this Act extends to Northern Ireland.
6. (3) The following enactments shall be repealed, that is: a) The Carriage of Goods by Sea Act 1924; b) ction 12 (4) (a) of the Nuclear Installations Act 1965, and without prejudice to ction 38 (1) of the Interpretation Act 1889, the reference to the said Act of 1924 in ction I (l) (i) (ii) of the Hovercraft Act 1968 shall include a reference to this Act.
6. (4) It is hereby declared that for the purpos of Article VIII of the Rules ction 502 of the Merchant Shipping Act 1894 (which, as amended by the Merchant Shipping (Liability of Shipowner and Others) Act 1958, entirely exempts shipowner and others in certain circumstances from liability for loss of, or damage to, goods) is a provision relating to limitation of liability.
6. (5) This Act shall come into force on such day as her Majesty may by Order in Council appoint* and, for the purpos of the transition from the law in force immediately before the day appointed under this subction to the provisions of this Act, the Order appointing the day may provide that tho provisions shall have effect subject to such transitional provisions as may be contained in the Order.
SCHEDULE
THE HAGUE RULES AS AMENDED BY THE BRUSSELS PROTOCOL 1968
Article I
In the Rules the following words are employed, with the meanings t out below:
(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 a, including any bill of lading or any similar document as aforesaid issued under or pursuant to a charter party 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, merchandi, 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.
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(d) ‘Ship’ means any vesl ud for the carriage of goods by a.
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(e) ‘Carriage of goods’ covers the period from the time when the goods are loaded on to
the time they are discharged from the ship.
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Article II
Subject to the provisions of Article VI, under every contract of carriage of goods by a 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 t forth.
Article III
1. The carrier shall be bound before and at the beginning of the voyage to exerci due diligence to:
(a) Make the ship aworthy;
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(b) Properly man, equip and supply the ship;
