SCHEDULES

SCHEDULE 8Carriers’ Liability

15

In section 43 (interpretation) (which becomes subsection (1))—

(a)

in the definition of “concealed” for “or aircraft” substitute “ , aircraft or rail freight wagon ”,

(b)

omit the definition of “court”,

(c)

after the definition of “equipment” insert—

““freight shuttle wagon” means a wagon which—

(a)

forms part of a shuttle-train, and

(b)

is designed to carry commercial goods vehicles;

“freight train” means any train other than—

(a)

a train engaged on a service for the carriage of passengers, or

(b)

a shuttle-train;”,

(d)

in the definition of “owner” omit paragraph (b) and the word “and” immediately preceding it,

(e)

for the definition of “rail freight wagon” substitute—

““rail freight wagon” means—

(a)

any rolling stock, other than a locomotive, which forms part of a freight train, or

(b)

a freight shuttle wagon,

and for the purpose of this definition, “rolling stock” and “locomotive” have the meanings given by section 83 of the Railways Act 1993 (c.43);”,

(f)

after the definition of “ship” insert—

““shuttle-train” has the meaning given by section 1(9) of the Channel Tunnel Act 1987 (c. 53);”,

(g)

in the definition of “transporter” for “or aircraft” substitute “ , aircraft or rail freight wagon ”, and

(h)

at the end insert—

“(2)

A reference in this Part to “the court” is a reference—

(a)

in England and Wales, to a county court,

(b)

in Scotland, to the sheriff, and

(c)

in Northern Ireland, to a county court.

(3)

But—

(a)

a county court may transfer proceedings under this Part to the High Court, and

(b)

the sheriff may transfer proceedings under this Part to the Court of Session.”