Act of Parliament | |
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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 | |
Dates | |
Royal assent | 16 July 1992 |
Commencement | 16 September 1992 [d] |
Other legislation | |
Repeals/revokes | Bills of Lading Act 1855 |
Amended by | |
Relates to | Carriage of Goods by Sea Act 1971 |
Status: Amended | |
Text of statute as originally enacted | |
Revised text of statute as amended | |
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 [e] | |
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Act of Parliament | |
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Long title | An Act to amend the Law relating to Bills of Lading. |
Citation | 18 & 19 Vict. c. 111 |
Territorial extent | United Kingdom |
Dates | |
Royal assent | 14 August 1855 |
Commencement | 14 August 1855 [f] |
Repealed | 16 September 1992 |
Other legislation | |
Repealed by | Carriage of Goods by Sea Act 1992 |
Status: Repealed | |
Text of statute as originally enacted | |
Revised text of statute as amended | |
Text of the Bills of Lading Act 1855 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. |
Admiralty and maritime law |
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History |
Features |
Contract of carriage / charterparty |
Parties |
Judiciaries |
International organizations |
International conventions |
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International Codes |
The Carriage of Goods By Sea Act 1992 (c. 50) is an act of the Parliament of the United Kingdom regarding bills for the lading of goods onto ships. It repealed the Bills of Lading Act 1855 [1] (18 & 19 Vict. c. 111) and made new provisions.
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. [2] The English courts devised some ways round the problem: in Brandt v Liverpool (1924) [3] [4] the concept of implied contracts was developed, although the courts proved reluctant to use this concept. [5] Nevertheless, there were difficulties relating to passing of property and passing of risk. [6]
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". [7] [8] [9] The report contained a draft bill which Parliament adopted in full without amendment. [10]
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 statute makes provision for bills of lading and other documents of carriage, as follows:
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 the 1992 act cannot amend the Hague-Visby Rules, which are an International Convention, section 4 of the 1992 act upgrades the status of a bill of lading to be conclusive evidence of receipt for shipment.
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