{
  "url": "https://openlegislation.uk/carriage-of-goods-by-sea-act-1992/section-5",
  "json_url": "https://openlegislation.uk/carriage-of-goods-by-sea-act-1992/section-5.json",
  "legislation": "ukpga/1992/50",
  "legislation_title": "Carriage of Goods by Sea Act 1992",
  "legislation_url": "https://openlegislation.uk/carriage-of-goods-by-sea-act-1992",
  "path": "section/5",
  "kind": "section",
  "number": "5",
  "heading": "Interpretation etc.",
  "text": "(1) In this Act—\n“bill of lading”, “sea waybill” and “ship’s delivery order” shall be construed in accordance with section 1 above;\n“the contract of carriage”—\n(a)in relation to a bill of lading or sea waybill, means the contract contained in or evidenced by that bill or waybill; and\n(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;\n“holder”, in relation to a bill of lading, shall be construed in accordance with subsection (2) below;\n“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; ...\n...\n(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—\n(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;\n(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;\n(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;\nand 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.\n(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.\n(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—\n(a) cease to exist after the issue of the document; or\n(b) cannot be identified (whether because they are mixed with other goods or for any other reason);\nand references in this Act to the goods to which a document relates shall be construed accordingly.\n(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 Carriage of Goods by Sea Act 1971.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    },
    {
      "type": "M",
      "label": "M1",
      "text": "1971 c. 19."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1992/50/section/5",
    "retrieved_at": "2026-10-29T09:35:36.547855+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}