Merchant Shipping Act 1995

184 Application of Schedule 6 to carriage within British Islands. U.K.

(1) Her Majesty may by Order in Council provide that Part I of Schedule 6—

(a) shall have the force of law in the United Kingdom, with such modifications as are specified in the Order, in relation to, and to matters connected with, a contract of carriage where the places of departure and destination under the contract are within the British Islands and under the contract there is no intermediate port of call outside those Islands; and

(b) shall, as modified in pursuance of paragraph (a) above, have effect in relation to, and to matters connected with, any such contract subject to the provisions of Part II of that Schedule or to those provisions with such modifications as are specified in the Order.

(2) An Order in Council made by virtue of subsection (1) above may contain such provisions, including provisions modifying section 28 of the M1 Unfair Contract Terms Act 1977 (which relates to certain contracts as respects which the Convention mentioned in section 183(1) does not have the force of law in the United Kingdom), as the Secretary of State considers appropriate for the purpose of dealing with matters arising in connection with any contract to which the said section 28 applies before the Order is made.

(3) An Order in Council made by virtue of subsection (1) above may provide that the Order or specified provisions of it shall bind the Crown.

(4) A draft of an Order in Council proposed to be made by virtue of subsection (1) above shall not be submitted to Her Majesty in Council unless the draft of the Order in Council has been approved by a resolution of each House of Parliament.

(5) In subsection (1) above expressions to which meanings are assigned by article 1 of the Convention set out in Part I of Schedule 6 have those meanings but any reference to a contract of carriage excludes such a contract which is not for reward.

Marginal Citations

M1 1977 c. 50.