英国1992年海上货物运输法

发表日期:2017-06-26 12:43:17

英国1992年海上货物运输法


Carriage of Goods by Sea Act 1992

 [16th July 1992]

 


    An Act to replace the Bills of Lading Act 1855 with new provision with respect to bills of lading and certain other shipping documents.[16th July 1992] 
 
    Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Shipping documents etc. to which Act applies. 
 
        1.—(1) This Act applies to the following documents, that is to say—
 (a) any bill of lading;
 (b) any sea waybill; and
 (c) any ship’s delivery order.

    (2) References in this Act to a bill of lading—
 (a) do not include references to a document which is incapable of transfer either by indorsement or, as a bearer bill, by delivery without indorsement; but
 (b) subject to that, do include references to a received for shipment bill of lading.

    (3) References in this Act to a sea waybill are references to any document which is not a bill of lading but—
 (a) is such a receipt for goods as contains or evidences a contract for the carriage of goods by sea; and
 (b) identifies the person to whom delivery of the goods is to be made by the carrier in accordance with that contract.

    (4) References in this Act to a ship’s delivery order are references to any document which is neither a bill of lading nor a sea waybill but contains an undertaking which—
 (a) is given under or for the purposes of a contract for the carriage by sea of the goods to which the document relates, or of goods which include those goods; and
 (b) is an undertaking by the carrier to a person identified in the document to deliver the goods to which the document relates to that person.

    (5) The Secretary of State may by regulations make provision for the application of this Act to cases where a telecommunication system or any other information technology is used for effecting transactions corresponding to—
 (a) the issue of a document to which this Act applies;
 (b) the indorsement, delivery or other transfer of such a document; or
 (c) the doing of anything else in relation to such a document.

    (6) Regulations under subsection (5) above may—
 (a) make such modifications of the following provisions of this Act as the Secretary of State considers appropriate in connection with the application of this Act to any case mentioned in that subsection; and
 (b) contain supplemental, incidental, consequential and transitional provision;
and the power to make regulations under that subsection shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Rights under shipping documents. 
 
        2.—(1) Subject to the following provisions of this section, a person who becomes—
 (a) the lawful holder of a bill of lading;
 (b) the person who (without being an original party to the contract of carriage) is the person to whom delivery of the goods to which a sea waybill relates is to be made by the carrier in accordance with that contract; or
 (c) the person to whom delivery of the goods to which a ship’s delivery order relates is to be made in accordance with the undertaking contained in the order,
shall (by virtue of becoming the holder of the bill or, as the case may be, the person to whom delivery is to be made) have transferred to and vested in him all rights of suit under the contract of carriage as if he had been a party to that contract.

    (2) Where, when a person becomes the lawful holder of a bill of lading, possession of the bill no longer gives a right (as against the carrier) to possession of the goods to which the bill relates, that person shall not have any rights transferred to him by virtue of subsection (1) above unless he becomes the holder of the bill—
 (a) by virtue of a transaction effected in pursuance of any contractual or other arrangements made before the time when such a right to possession ceased to attach to possession of the bill; or
 (b) as a result of the rejection to that person by another person of goods or documents delivered to the other person in pursuance of any such arrangements.

    (3) The rights vested in any person by virtue of the operation of subsection (1) above in relation to a ship’s delivery order—
 (a) shall be so vested subject to the terms of the order; and
 (b) where the goods to which the order relates form a part only of the goods to which the contract of carriage relates, shall be confined to rights in respect of the goods to which the order relates.

    (4) Where, in the case of any document to which this Act applies—
 (a) a person with any interest or right in or in relation to goods to which the document relates sustains loss or damage in consequence of a breach of the contract of carriage; but
 (b) subsection (1) above operates in relation to that document so that rights of suit in respect of that breach are vested in another person,
the other person shall be entitled to exercise those rights for the benefit of the person who sustained the loss or damage to the same extent as they could have been exercised if they had been vested in the person for whose benefit they are exercised.

    (5) Where rights are transferred by virtue of the operation of subsection (1) above in relation to any document, the transfer for which that subsection provides shall extinguish any entitlement to those rights which derives—
 (a) where that document is a bill of lading, from a person’s having been an original party to the contract of carriage; or
 (b) in the case of any document to which this Act applies, from the previous operation of that subsection in relation to that document;
but the operation of that subsection shall be without prejudice to any rights which derive from a person’s having been an original party to the contract contained in, or evidenced by, a sea waybill and, in relation to a ship’s delivery order, shall be without prejudice to any rights deriving otherwise than from the previous operation of that subsection in relation to that order.

Liabilities under shipping documents. 
 
        3.—(1) Where subsection (1) of section 2 of this Act operates in relation to any document to which this Act applies and the person in whom rights are vested by virtue of that subsection—
 (a) takes or demands delivery from the carrier of any of the goods to which the document relates;
 (b) makes a claim under the contract of carriage against the carrier in respect of any of those goods; or
 (c) is a person who, at a time before those rights were vested in him, took or demanded delivery from the carrier of any of those goods,
that person shall (by virtue of taking or demanding delivery or making the claim or, in a case falling within paragraph (c) above, of having the rights vested in him) become subject to the same liabilities under that contract as if he had been a party to that contract.

    (2) Where the goods to which a ship’s delivery order relates form a part only of the goods to which the contract of carriage relates, the liabilities to which any person is subject by virtue of the operation of this section in relation to that order shall exclude liabilities in respect of any goods to which the order does not relate.

    (3) This section, so far as it imposes liabilities under any contract on any person, shall be without prejudice to the liabilities under the contract of any person as an original party to the contract.

Representations in bills of lading. 
 
        4. A bill of lading which—
 (a) represents goods to have been shipped on board a vessel or to have been received for shipment on board a vessel; and
 (b) has been signed by the master of the vessel or by a person who was not the master but had the express, implied or apparent authority of the carrier to sign bills of lading,
shall, in favour of a person who has become the lawful holder of the bill, be conclusive evidence against the carrier of the shipment of the goods or, as the case may be, of their receipt for shipment.

Interpretation etc. 
 
        5.—(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”—
 (a) in relation to a bill of lading or sea waybill, means the contract contained in or evidenced by that bill or waybill; and
 (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; and
“telecommunication system” has the same meaning as in the [1984 c. 12.] Telecommunications Act 1984.

    (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 [1971 c. 19.] Carriage of Goods by Sea Act 1971.

Short title, repeal, commencement and extent. 
 
        6.—(1) This Act may be cited as the Carriage of Goods by Sea Act 1992.

    (2) The [1855 c. 111.] Bills of Lading Act 1855 is hereby repealed.

    (3) This Act shall come into force at the end of the period of two months beginning with the day on which it is passed; but nothing in this Act shall have effect in relation to any document issued before the coming into force of this Act.

    (4) This Act extends to Northern Ireland.

 

 

 

1992年海上货物运输法


本法取代1855年提单法,并就提单及某些其他航运单证做出新规定。

本法由上院贵族议员和下院议员于本次议会审议通过,并经女王陛下批准,兹经其授权颁布如下: 

第1条 适用本法的有关航运单证
(1) 本法适用于下列单证:
(a) 任何提单;
(b) 任何海运单;以及
(c) 任何船舶交货单。
(2) 本法所称提单:
(a) 不包括那些不能以背书方式予以转让的单证,也不包括不能以非背书转手方式予以转让的无记名单证,但
(b) 在符合上述情况的条件下,包括收货待运提单。
(3) 本法所称海运单是指不是提单的任何单证,但它: 
(a) 是一种包含或证明海上货物运输合同的货物收据,而且
(b) 载明了承运人根据该项运输合同向其交付货物的人。
(4) 本法所称船舶交货单是指不能被称之为提单或海运单的任何单斑点,但是该单证应包含一项保证,该保证:
(a) 是按照或为了与这一单证有关的货物或其中部分货物的海上运输合同而做出的。
(b) 是一项承运人向这一单证所载明的人交付该单证项下货物的保证。
(5) 国务大臣可以制订规定使本法也适用于采用电传系统或任何其他信息技术进行交易的下述有关事项:
(a) 签发适用本法的单证;
(b) 上述单证的背书、转手或其他转让方式;或 
(c) 为有关上述单证而做的任何其他事项。
(6) 上述第(5)款所述的规定可以:
(a) 由国务大臣,就本法适用于该款所述事项,对本法本条以下的条款作出该大臣认为适当的修正。
(b) 包括补充、附属性以及过渡性规定。
同时,该分款赋予的制订规定的权力应以成文法予以实施,除非该规定按上、下两院或其中之一的决议被宣布为无效。

第2条 航运单证所赋予的权利

(1) 依照本条后述规定,成为下列之一者:
(a) 合法的提单持有人;
(b) 承运人按货物运输合同应将有关海运单项下的货物向其交付的人(该人不是货物运输合同的原缔约一方);
(c) 按照船舶交货单所包含的保证,应将与该交货单有关的货物向其交付的人;
则应(由于其成为提单持有人,或根据具体情况,成为提取货物者)被视为已成为货物运输合同的缔约一方,从而被转让和赋予该合同项下的一切诉讼权利。
(2) 一旦有人成为合法的提单持有人,而此时持有提单已不再授予持有人拥有与该提单有关货物(对承运人而言)的权利,该持有人则不能获得本条第(1)款规定的任何权利的转让,除非他因下列原因成为提单持有人:
(a) 有拥有货物的权利不再附属于对单证的占有之前,已按照合同或其他安排达成交易者;或 
(b) 由于其他人拒绝按照任何此类安排从该提单人处接受货物或单证。
(3) 按照本条第(1)款规定,就船舶交货单而赋予任何人的权利:
(a) 应是按照交货单条款内容而赋予的权利,和
(b) 当交货单项下的货物仅为运输合同项下货物的一部分时,应仅限于与交货单有关的货物的权利。
(4) 对适用本法的任何单证,如:
(a) 与该单证项下货物具有利益或权利,或与之有关的人因违背货物运输合同致使其遭受损害,但
(b) 本条第(1)款已对该单证生效,从而有关上述违约的诉讼权利被转让他人,
则,该他人有权为受害方的利益行使诉讼权利,但该权利的行使范围,应与倘若这此权利是由受害方为其利益自行行使时所享有的权限范围相一致。 
(5) 如权利之转让是因本条第(1)款对任何单证的生效而产生,则该项由该款所规定之转让将废除因下述事项而产生的权利:
(a)如果提单,作为运输契约原缔约一方所具有的权利;
(b)如是本法所适用的任何单证,基于第(1)款对有关单证的前手转让的的生效所产生的权利;
但,该款的实施,就以海运单所包含或体现的合同而言,不得损及作为该合同原缔约一方所具有的任何权利;就船舶交货单而言,不得损及非由于第(1)款对该交货单先前生效所产生的任何权利。

第3条 航运单证项下的责任:
(1) 当本法第2条第(1)款对本法所适用的任何单证生效时且按该款被赋予权利的任何人:
(a) 向承运人提取或要求提取任何该单证项下的货物时;
(b) 就任何此项货物向承运人按运输合同提出索赔时;或
(c) 在其被赋予这些权利之前,即是向承运人提取或要求提取任何此项货物的人时,
则该(因其提货或要求提货或提起索赔,或在上述C段范围内,因其被赋予了权利)须象该合同原缔约人一样,承担该合同项下的同样责任。
(2) 当船舶交货单项下货物仅是运输合同项下货物的一部分时,因本条对该交货单的生效而致任何人所承担的责任,将不包括任何不属于该货单项下的货物。
(3) 本条一旦按其规定使任何人承担了任何合同项下之责任,均不得妨碍做为该合同项下原缔约方的任何人所承担的责任。

第4条 提单的记载事项
一份提单,当其
(a)记载了已装船或已收妥待运的货物;并
(c) 业经船长签署,或虽经非船长但已由承运人以明示,默示或明显方式授权的人签署,
则该提单,为保护合法提单持有人的利益,对承运人构成货已装船,或视具体情况,货已收妥待运的最终证据。

第5条 定义与解释
(1) 在本法中,
“提单”、”海运单”与”船舶交货单”就按上述第1条予以解释;
“运输合同”
(a) 涉及提单和海运单时,是指该提单或海运单所包含或证明的合同;而
(b) 涉及船舶交货单时,是指一项合同,包含在交货单中的保证是按照或为了该合同而做出的。
“持有人”,就提单而言,应按下述第(2)款予以解释;
“信息技术”包括任何计算机或其他技术手段,通过这些手段,信息或其他事项可无需采用单证形式即可记录或传输。
“电子传输系统”,具有与”1984年电讯法”所规定的相同含义。(1984年第12号法令)
(2) 本法所称提单持有人是指下述任何人:
(a) 持有单证的人,因其名称在该单证中已予指明从而成为该单证项下货物的收货人; 
(b) 通过递交单证的方式完成任何单证背书,或在无记名单证情况下以任何其它方式转让单证,;因而成为持有单证的人;
(c) 因进行任何交易致使其成为持有单证的人,但使之成为上述(a)或(b)段规定之持单人的此类任何交易不应是在下述时间达成,即:(对承运人而言)持有该单证已不再具有拥有该单证项下货物的权利之时;
此外,只要是出于善意而成为持单者,均可被视为本法所指的合法提单持有人。
(3) 本法所称的人在单证中之载明,包括在该单证签发之后,按该单证规定的允许更改该人身份之记载方式,对该人所做的载明;而且本法第1条(3)款(b)项所称的单证对有关人之载明,亦应据此予以解释。
(4) 在不违背上述第2条第(2)款及第4条规定的的条件下,本法中的任何规定均不得妨碍本法对有关单证项下的货物已处于下列状态的情况下的适用:
(a) 货物在单证签发后不复存在;或
(b) 货物无法辩认(无论是否起因于货物混票或其他任何原因);
同时,本法所称与单证有关的货物亦应据此予以解释。
(5) 本法前述规定的效力,在任何情况下,均不得影响按《1971年海上货物运输法》第一章和目前产生法律效力的规则(即:海牙/威斯比规则)的适用。

第6条 简称、废除、生效及适用范围
(1) 本法可称为1992年海上货物运输法。
(2) 1855年提单法兹予以废除。
(3) 本法将于被通过之日起2个月后生效;但本法的任何规定均不得对于本法生效前签发的单证产生效力。
(4) 本法延伸适用于北爱尔兰。

 


访问人数:1579