British Caribbean Shipping (Agreement) Act

Link to law: http://laws.gov.ag/acts/chapters/cap-57.pdf
Published: 1955

British Caribbean Shipping (CAP. 57 1
(Agreement)

CHAPTER 57

THE BRITISH CARIBBEAN SHIPPING
(AGREEMENT) ACT

Arrangement of Sections
Section

1. Short title.
2. Interpretation.
3 . Fulfilment of Agreement.
4. Contribution to subsidy.
5. Duration of Agreement for purposes of Act.

SCHEDULE.

BRITISH CARIBBEAN SHIPPING (AGREEMENT)

(15th November, 1955.) 1211955.
1811989.

S . I . 3911989.

WHEREAS the Governments of Barbados, British
Guiana, Jamaica, Antigua, Montserrat, St. Kitts-Nevis-
Anguilla, Trinidad and Tobago, Dominica, Grenada,
St. Lucia and St. Vincent (hereinafter called "the Govern-
ments'') have agreed with the West Indian Navigation Com-
pany Limited, a company incorporated in Trinidad under
the provisions of the Companies Ordinance, Chapter 31
No. 1 of the Laws of Trinidad and Tobago that the Com-
pany shall provide a regular inter-island shipping service to
serve the territories of the Governments in accordance with
the terms and conditions of the Agreement set out in the
Schedule:

LAWS OF ANTIGUA AND BARBUDA

Short title.

Interpretation.

Fulfilment of
Agreement.

Contribution to
subsidy.

Duration of
Agreement for
purposes of Act.

CAP. 57) British Caribbean Shipping
(Agreement)

AND WHEREAS the Governor and Commander-in-Chief
of Trinidad and Tobago was by a Power of Attorney dated
the 1st day of November, 1954, nominated and constituted
and appointed the lawful attorney of the Government of
Antigua for it and on its behalf to execute the said Agreement:

AND WHEREAS the said Governor and Commander-in
Chief of Trinidad and Tobago has by virtue of the powers
conferred on and vested in him by the said Power of Attorney
executed the said Agreement for and on behalf of the Govern-
ment of Antigua:

AND WHEREAS the Government of Antigua having
agreed and undertaken to ratify and confirm the said Agree-
ment as executed for it and on its behalf it is expedient to
make provision in Antigua and Barbuda to ratify and give
effect to the said Agreement.

1. This Act may be cited as the British Caribbean
Shipping (Agreement) Act.

2. In this Act-

"the Agreement" means the Agreement set out in the
Schedule;

"the Company" means the West Indies Navigation
Company Limited referred to in the Agreement.

3. With a view to the fulfilment of the Agreement in
and by Antigua and Barbuda the terms and conditions of
the Agreement are hereby ratified and the provisions thereof
insofar as they relate to Antigua and Barbuda shall have
the force of law as if enacted in this Act.

4. The Accountant-General shall, on the warrant of
the Minister of Finance, pay out of the revenue and other
funds of Antigua and Barbuda, in accordance with the terms
and conditions of the Agreement, the proportion of the annual
sum specified in the Third Schedule to the Agreement as
being payable by the Government to the Company.

5 . (1) For the purposes of this Act the agreement shall
be deemed to be in force unless and until the Cabinet by

LAWS OF ANTIGUA AND BARBUDA

British Caribbean Shipping (CAP. 57 3
(Agreement)

order declares that the Agreement has ceased or is for the
purposes of this Act to be deemed to have ceased, to be in
force.

(2) An Order may be made under this section declar-
ing that the Agreement has ceased to be in force if the Cabinet
is satisfied that the Agreement has been determined in
accordance with the terms thereof.

SCHEDULE

Approved on behalf of the

Governments.

(Sgd.) C. DE. L. INNIS

Attorney-General.

Approved on behalf of the

Company

(Sgd.) STANLEY S. STONE

Conveyancer.

AGREEMENT

An AGREEMENT made the First day of November
1954 between His Excellency Major-General Sir HUBERT
ELVIN RANCE, G.C .M.G., G.B.E., C .B., Governor and
Commander-in-Chief of the Colony of Trinidad and Tobago
acting herein for and on behalf of the Governments of
Barbados, British Guiana, Jamaica, Antigua, Montserrat,
St. Kitts-Nevis-Anguilla, Trinidad and Tobago, Dominica,
Grenada, St. Lucia and St. Vincent (hereinafter called "the
Governments") having been duly authorized for the pur-
pose by the Governments of the one part and WEST INDIES
NAVIGATION COMPANY LIMITED a company incorporated in
Trinidad under the provisions of the Companies Ordinance
Chapter 31 No. 1, of the Laws of the Colony of Trinidad
and Tobago and having its registered office at 72/74, South
Quay, in the City of Port-of-Spain in the Island of Trinidad
(hereinafter called "the Company") of the other part.

LAWS OF ANTIGUA AND BARBUDA

4 CAP. 57) British Caribbean Shipping
(A,yreemnt)

WHEREAS it is desirable to improve the communications
between the territories of the British West Indies within the
jurisdiction of the Governments for the benefit of the citizens
thereof and their mutual trade and in particular to establish
a regular shipping service in addition to the sea communica-
tions already in existence:

AND WHEREAS the Governments have agreed between
themselves to contribute with the assistance for the time being
of Her Majesty's Government in the United Kingdom in
the proportions specified in the Third Schedule hereto towards
the annual sum payable as hereinafter provided by the
Governments to the Company:

NOW IT IS HEREBY AGREED as follows-

. This Agreement may be terminated by either party
giving to the other six months' notice in writing expiring
on or at any time after the third anniversary of a date fifteen
days prior to the first sailing from Port-of-Spain in accord-
ance with the First Schedule to this Agreement (hereinafter
called "the commencement date").

2. This Agreement shall not be assigned or sub-let
to any person or company without the previous consent in
writing of the Governments which consent shall not be
unreasonably withheld.

3. (1) The Company shall introduce provide and
maintain a regular service between the scheduled ports for
passengers and cargo (hereinafter called "the said services")
and shall prosecute the voyages with despatch and shall use
its best endeavours to complete fifteen and one half round
voyages per annum between the scheduled ports in accor-
dance with the time schedule prescribed by the First Schedule
hereto:

Provided that-

(i) The Company may at its discretion but sub-
ject to the said services being substantially
maintained route the ship or ships engaged
thereon (hereinafter called "the said ships")
to call at any unscheduled ports en route to

LAWS OF ANTIGUA AND BARBUDA

British Caribbean Shipping (CAP. 57 5
(Agreement)

embark or disembark passengers and/or to take
on or unload cargo;

(ii) for the purpose of dry docking or other
necessary measures to maintain the efficiency
of the said ships they may be diverted to any
unscheduled port;

(iii) the Company shall in an emergency or if the
best interests of the service as a whole so
require have full power as a temporary
measure to vary the route of the said ships
and to order or forbid them to enter any port.

In the event of any such variation of the
said services the Company shall inform the
Governments forthwith and shall so far as
is reasonably practicable operate feeder ser-
vices so as to mitigate any inconvenience to
users of the service caused by such variation
and shall use its best endeavours to restore
the normal service with the minimum delay;

(iv) in the event of the facilities of .any port of
call not enabling the said ships to be turned
round in accordance with the normal custom
of the port having regard to the nature of the
service, the Company while those cir-
cumstances continue may omit, interrupt or
modify the service to that port and the Com-
pany shall forthwith inform the Governments
of the circumstances.

(2) The Company shall be entitled, subject to the pro-
visions of Clause 9, to charge such passenger fares, freight
rates and other charges as may from time to time be
prescribed by the Company. In fixing such fares, rates and
charges the Company shall pay due regard to any represen-
tations from time to time made by the Governments with
respect thereto:

Provided that the Company shall be under no obliga-
tion to grant any special or concessionary rates for the
transport of passengers or cargo.

LAWS OF ANTIGUA AND BARBUDA

6 CAP. 57) British Caribbean Shipping
(A,?reement)

4. (1) The Company shall provide for the said ser-
vices s.s. "Wingsang" the specification of which is set out
in the Second Schedule hereto and shall take all practicable
measure to ensure that she and any ship or ships provided
by the Company in substitution for her for the purpose of
the said services are kept in the condition necessary for the
efficient performance thereof:

Provided that subject to the provisions of this Agree-
ment if for any reason other than marine casualty (howsoever
caused) or the consequences of any hostilities or warlike
operations s.s. "Wingsang" shall not be available for the
said services the Company shall substitute therefor to the
satisfaction of the Governments another ship or ships to pro-
vide as nearly as possible similar services and facilities.

(2) In the event of any suspension of the said services
arising from the failure to provide or delay in providing for
the said services s.s. "Wingsang" or another ship or ships
as provided by subclause (1) of this clause, the liability of
the Governments for payment of the annual sum payable
under the provisions of Clause 6 hereof shall be suspended
during the period of such suspension and the amount of such
annual sum shall abate pro rata. Suspension or abatement
of the annual payment in such circumstances shall not
prejudice the question whether the suspension of the said
services constitutes a contravention of this Agreement but
the amount by which the said annual payment shall have
been abated in pursuance of the foregoing provision of this
subclause shall be set off against any damages accruing to
the Governments by reason of such suspension.

(3) In the event of any of the said ships suffering a
marine casualty (howsoever caused) or being damaged in
consequence of any hostilities or warlike operations the Com-
pany shall use its best endeavours to procure her restoration
to such condition as aforesaid with the minimum delay.

(4) If in consequence of any such marine casualty or
of hostilities, warlike operations, revolution or civil commo-
tion the said services are interrupted or suspended the liability
of the Governments for payment of the annual sum payable
under the provisions of Clause 6 hereof shall be suspended
during the period of such interruption or suspension and

LAWS OF ANTIGUA AND BARBUDA

British Caribbean Shipping (CAP. 57 7
(A
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