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Section 5 Interpretation etc.

F1(1)

In this Act—

  • “bill of lading”, “sea waybill” and “ship’s delivery order” shall be construed in accordance with section 1 above;

  • “the contract of carriage”—

    1. (a)

      in relation to a bill of lading or sea waybill, means the contract contained in or evidenced by that bill or waybill; and

    2. (b)

      in relation to a ship’s delivery order, means the contract under or for the purposes of which the undertaking contained in the order is given;

  • “holder”, in relation to a bill of lading, shall be construed in accordance with subsection (2) below;

  • “information technology” includes any computer or other technology by means of which information or other matter may be recorded or communicated without being reduced to documentary form; ...

  • ...

(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 possession 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 possession of the bill as a result of the completion, by delivery of the bill, of any indorsement of the bill or , in the case of a bearer bill, of any other transfer of the bill;

(c)

a person with possession 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 possession of the bill no longer gave a right (as against the carrier) to possession of the goods to which the bill relates;

and a person shall be regarded for the purposes 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 section 1(3)(b) of this Act to a document’s identifying a person shall be construed accordingly.

(4)

Without prejudice to sections 2(2) and 4 above, nothing in this Act shall preclude its operation in relation to a case where the goods to which a document relates—

(a)

cease to exist after the issue of the document; or

(b)

cannot be identified (whether because they are mixed with other goods or for any other reason);

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 case, of the rules (the Hague-Visby Rules) which for the time being have the force of law by virtue of section 1 of the M1Carriage of Goods by Sea Act 1971.

Annotations

Textual amendments

F1

Words in s. 5(1) repealed (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Schs. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

Marginal citations

M1

1971 c. 19.