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United Kingdom legislation From Wikipedia, the free encyclopedia
The Carriage of Goods By Sea Act 1992 (c. 50) is a UK statute regarding bills for the lading of goods onto ships. It repealed the Bills of Lading Act 1855[2] (18 & 19 Vict. c. 111) and made new provisions.
Act of Parliament | |
Long title | An Act to replace the Bills of Lading Act 1855 with new provision with respect to bills of lading and certain other shipping documents. |
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Citation | 1992 c. 50 |
Territorial extent | England and Wales, Scotland, Northern Ireland Singapore[1] |
Dates | |
Royal assent | 16 July 1992 |
Commencement | 16 September 1992 |
Other legislation | |
Repeals/revokes | Bills of Lading Act 1855 |
Status: Amended | |
Text of statute as originally enacted | |
Text of the Carriage of Goods By Sea Act 1992 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. |
Bills of Lading Act 1855 | |
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Act of Parliament | |
Long title | An Act to amend the Law relating to Bills of Lading. |
Citation | 18 & 19 Vict. c. 111 |
Dates | |
Royal assent | 14 August 1855 |
Repealed | 16 September 1992 |
Other legislation | |
Repealed by | Carriage of Goods by Sea Act 1992 |
Status: Repealed | |
Text of statute as originally enacted |
The Bills of Lading Act 1855 (18 & 19 Vict. c. 111) was commendably brief and proved useful, but as time went by certain defects became apparent.[3] The English courts devised some ways round the problem: in Brandt v Liverpool (1924) [4][5] the concept of implied contracts was developed, although the courts proved reluctant to use this concept.[6] Nevertheless, there were difficulties relating to passing of property and passing of risk.[7]
The Law Commission and the Scottish Law Commission addressed the issue in a report, "Rights of Suit in respect of Carriage of Goods by Sea".[8][9][10] The Report contained a draft bill which Parliament adopted in full without amendment.[11]
The statute makes provision for Bills of Lading and other documents of carriage, as follows:
A bill of lading serves three main functions:
Although the term "bill of lading" is well known and well understood, it may become obsolete. Articles 1:15 and 1:16 of the Rotterdam Rules create the new term "transport document"; but (assuming the Rules come into force) it remains to be seen whether shippers, carriers and "maritime performing parties" (another new Rotterdam Rules coinage) will abandon the long-established and familiar term, "bill of lading".
The Carriage of Goods by Sea Act 1971 incorporates the Hague-Visby Rules into English Law. These rules require (where the Article X invokes the Rules) that, on demand, the carrier must provide the shipper with a bill of lading that meets the requirements of Article III. Although CoGSA 1992 cannot amend the Hague-Visby Rules, which are an International Convention, s.4 of the 1992 Act (above) upgrades the status of a bill of lading to be conclusive evidence of receipt for shipment.
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