Part VS Admiralty Jurisdiction and Arrestment of Ships in Scotland

Modifications etc. (not altering text)

48 Interpretation of Part V.S

[F1(1)]In this Part of this Act, unless the context otherwise requires,—

(a)references to an action, a pursuer and a defender include respectively references to a counter-claim, the person making a counter-claim and the person against whom a counter-claim is made;

(b)any reference to a conclusion includes a reference to a crave, and “pecuniary conclusion” does not include a conclusion for expenses;

(c)any reference to a warrant to arrest property includes a reference to letters of arrestment and to a precept of arrestment;

(d)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)the following expressions have the meanings hereby assigned to them respectively, that is to say—

  • “collision regulations” means [F4safety regulations under section 85 of the Merchant Shipping Act 1995];

  • “goods” includes baggage;

  • “master” has the same meaning as in the [F4Merchant Shipping Act 1995], and accordingly includes every person (except a pilot) having command or charge of a ship;

  • “ship” includes any description of vessel used in navigation not propelled by oars;

  • “towage” and “pilotage” in relation to an aircraft, mean towage and pilotage while the aircraft is waterborne.

[F5(2)In this Act and in any other enactment (including an Act of the Scottish Parliament and any enactment comprised in subordinate legislation under such an Act), “maritime lien” means a hypothec over a ship, cargo or other maritime property.]

Textual Amendments

F3S. 48(e) repealed (1.1.1995) by 1994 c. 28, ss. 1(6). 10(3), Sch. 2 para. 4(3), Sch. 4; S.I. 1994/2971, art. 2, Sch.

F4Words in s. 48(f) substituted (1.1.1996) by 1995 c. 21, s. 314(2), Sch. 13 para. 29(3) (with s. 312(1))