Carriage of Goods by Sea Act 1971
| Act of Parliament | |
| Long title | An Act to amend the law with respect to the carriage of goods by sea. |
|---|---|
| Citation | 1971 c. 19 |
| Territorial extent | United Kingdom |
| Dates | |
| Royal assent | 8 April 1971 |
| Commencement | 23 June 1977 |
| Other legislation | |
| Amended by |
|
| Relates to | Carriage of Goods by Sea Act 1992 |
Status: Amended | |
| Text of statute as originally enacted | |
| Revised text of statute as amended | |
| Text of the Carriage of Goods by Sea Act 1971 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. | |
The Carriage of Goods by Sea Act 1971 (c. 19) is a United Kingdom act of the Parliament of the United Kingdom. It incorporates into English Law the Hague-Visby Rules which are to be found as the Schedule to the act. The act does not use the term "Hague-Visby Rules" as such; instead, the Rules are referred to in that act as the "Hague Rules As Amended".
Under Article X, the Rules apply if:
- (a) the bill of lading is issued in a contracting State, or
- (b) the carriage is from a port in a contracting State, or
- (c) the contract (of carriage) provides that (the) Rules ... are to govern the contract".
If the Rules apply, the entire text of Rules is incorporated into the contract of carriage as a "statutory contract", and any attempt to exclude the Rules is void under Article III (8).
Section 3 of the act provides that there is no strict (or absolute) duty to provide a seaworthy ship. Under the Rules, the carrier must merely exercise due diligence, before and at the start of the voyage, to provide a seaworthy ship.
The Hague-Visby Rules were amended by a protocol in 1979, but not all signatories to the Rules have adopted the amendments.