Administration of Justice Act 1956 (c. 46)

Part V S Admiralty Jurisdiction and Arrestment of Ships in Scotland

Modifications etc. (not altering text)

C1 Part V extended, with modifications, by Hovercraft Act 1968 (c. 59), s. 2

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 [F4 safety regulations under section 85 of the Merchant Shipping Act 1995];

• “goods” includes baggage;

• “master” has the same meaning as in the [F4 Merchant 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

F1 S. 48 renumbered as s. 48(1) (1.7.2010) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 213, 227(3), Sch. 4 para. 1(a) (with s. 223); S.S.I. 2010/249, art. 2

F2 S. 48(1)(d) repealed (1.7.2010) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 213, 227(3), Sch. 4 para. 1(b) (with s. 223); S.S.I. 2010/249, art. 2

F3 S. 48(e) repealed (1.1.1995) by 1994 c. 28, ss. 1(6). 10(3), Sch. 2 para. 4(3), Sch. 4; S.I. 1994/2971, art. 2, Sch.

F4 Words in s. 48(f) substituted (1.1.1996) by 1995 c. 21, s. 314(2), Sch. 13 para. 29(3) (with s. 312(1))

F5 S. 48(2) inserted (1.7.2010) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 213, 227(3), Sch. 4 para. 1(c) (with s. 223); S.S.I. 2010/249, art. 2