Carriage of Goods by Sea (Amendment) Act 1981

Link to law: https://legislation.gov.im/cms/images/LEGISLATION/PRINCIPAL/1981/1981-0028/CarriageofGoodsbySeaAmendmentAct1981_1.pdf
Published: 2012-09-01

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Carriage of Goods by Sea (Amendment) Act 1981c i e
AT 28 of 1981

CARRIAGE OF GOODS BY SEA

(AMENDMENT) ACT 1981

Carriage of Goods by Sea (Amendment) Act 1981 Index


c AT 28 of 1981 Page 3

c i e
CARRIAGE OF GOODS BY SEA (AMENDMENT) ACT

1981

Index Section Page

1 Substitution of special drawing rights in limitation provisions of Carriage
of Goods by Sea Act 1974 ............................................................................................... 5
2 Conversion of special drawing rights into sterling .................................................... 6
3 Short title, citation, repeal and commencement ......................................................... 6
ENDNOTES 7

TABLE OF LEGISLATION HISTORY 7
TABLE OF RENUMBERED PROVISIONS 7
TABLE OF ENDNOTE REFERENCES 7

Carriage of Goods by Sea (Amendment) Act 1981 Section 1


c AT 28 of 1981 Page 5

c i e
CARRIAGE OF GOODS BY SEA (AMENDMENT) ACT

1981

Received Royal Assent: 24 November 1981
Passed: 15 December 1981
Commenced: 14 February 1984
AN ACT
to replace by amounts equivalent to special drawing rights of the
International Monetary Fund the amounts in gold francs specified in certain
provisions limiting the liability of shipowners and others; and for connected
purposes.
1 Substitution of special drawing rights in limitation provisions of

Carriage of Goods by Sea Act 1974

[P1981/10/2]
(1) [Amends section 1 of the Carriage of Goods by Sea Act 1974 by adding a
reference to the Protocol signed at Brussels on 21st December 1979.]1

(2) In consequence of the said Protocol of 1979 Article IV of the Rules set out
in the Schedule to that Act shall be amended in accordance with the
following provisions.
(3) and (4) [Amend paragraph 5 of Article IV of the Rules set out in the
Schedule to the Carriage of Goods by Sea Act 1974.]
(5) In its application by virtue of the said Act of 1974 paragraph 5(d) of the
said Article IV shall have effect as if the date there mentioned were the
date of the judgment in question.
(6) In its application by virtue of the said Act of 1974 Article X of the Rules
set out in the Schedule to that Act shall have effect as if references to a
contracting State included references to a State that is a contracting State
in respect of the Rules without the amendments made by the said
Protocol of 1979 as well as to one that is a contracting State in respect of
the Rules as so amended, and section 2 of that Act (certification of
contracting States) shall have effect accordingly.
Section 2 Carriage of Goods by Sea (Amendment) Act 1981


Page 6 AT 28 of 1981 c

2 Conversion of special drawing rights into sterling

[P1981/10/3]
(1) For the purposes of Article IV of the Rules set out in the Schedule to the
Carriage of Goods by Sea Act 1974 as amended by section 1, the value on a
particular day of one special drawing right shall be treated as equal to
such a sum in sterling as the International Monetary Fund have fixed as
being the equivalent of one special drawing right —
(a) for that day; or
(b) if no sum has been so fixed for that day, for the last day before
that day for which a sum has been so fixed.
(2) A certificate given by or on behalf of the Treasury stating —
(a) that a particular sum in sterling has been fixed as aforesaid for a
particular day; or
(b) that no sum has been so fixed for a particular day and that a
particular sum in sterling has been so fixed for a day which is the
last day for which a sum has been so fixed before the particular
day,
shall be conclusive evidence of those matters for the purposes of
subsection (1); and a document purporting to be such a certificate shall in
any proceedings be received in evidence and, unless the contrary is
proved, be deemed to be such a certificate.2

(3) The Treasury may charge a reasonable fee for any certificate given in
pursuance of subsection (2), and any fee received by the Treasury by
virtue of this subsection shall be paid into the General Revenue.3

3 Short title, citation, repeal and commencement

[P1981/10/5]
(1) This Act may be cited as the Carriage of Goods by Sea (Amendment) Act
1981.
(2) This Act shall be construed as one with the Carriage of Goods by Sea Act
1974 and may be cited with that Act as the Carriage of Goods by Sea Acts
1974 and 1981.
(3) [Repealed]4

(4) This Act shall come into force on such day as the Governor in Council
may by order appoint and different days may be appointed for different
provisions or different purposes of the same provision.5

(5) An order under subsection (4) may contain transitional provisions.
(6) Any judgment in respect of a liability limited by a provision amended by
this Act shall, if given after the coming into force of the amendment, be
given in accordance with the amended provision irrespective of when
the liability arose.
Carriage of Goods by Sea (Amendment) Act 1981 Endnotes


c AT 28 of 1981 Page 7

ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
Subs (1) amended by Statute Law Revision Act 1989 Sch 1. 2
Subs (2) amended by Treasury Act 1985 Sch 2. 3
Subs (3) amended by Treasury Act 1985 Sch 2. 4
Subs (3) repealed by Statute Law Revision Act 1992 Sch 2. 5
ADO (whole Act) 14/2/1984 (GC21/84).