The Carriage of Passengers and their Luggage by Sea (United Kingdom Carriers) Order 1998

Statutory Instruments

1998 No. 2917

MERCHANT SHIPPING

The Carriage of Passengers and their Luggage by Sea (United Kingdom Carriers) Order 1998

Made

25th November 1998

Coming into force

1st January 1999

The Secretary of State for the Environment, Transport and the Regions, in exercise of the powers conferred by paragraph 4 of Part II of Schedule 6 to the Merchant Shipping Act 1995(1) and of all other powers enabling him in that behalf hereby, makes the following Order:–

1.  This Order may be cited as the Carriage of Passengers and their Luggage by Sea (United Kingdom Carriers) Order 1998 and shall come into force on 1st January 1999.

2.  The following instruments are hereby revoked:–

(a) the Carriage of Passengers and their Luggage by Sea (United Kingdom Carriers) Order 1987(2);

(b) the Carriage of Passengers and their Luggage by Sea (United Kingdom Carriers) (Amendment) Order 1989(3).

3.  In relation to any carrier whose principal place of business is in the United Kingdom, paragraph 1 of Article 7 to the Convention Relating to the Carriage of Passengers and their Luggage by Sea, set out in Part I of Schedule 6 to the Merchant Shipping Act 1995, (including that paragraph as applied to domestic carriage by the Carriage of Passengers and their Luggage by Sea (Domestic Carriage) Order 1987(4)) shall have effect as if for the limit of 46,666 units of account there specified there were substituted a limit of 300,000 units of account.

4.  This Order does not apply in relation to any liability arising out of an occurrence which took place before the coming into force of the Order.

Signed by authority of the Secretary of State

Glenda Jackson

Parliamentary Under Secretary of State,

Department of the Environment, Transport and the Regions

25th November 1998

Explanatory Note

(This note is not part of the Order)

This Order increases the limit of liability of carriers whose principal place of business is in the United Kingdom for death or injury of passengers carried by them by sea to the amount of 300,000 units of account per passenger per carriage (from 100,000).

The limit for other carriers remains that specified in the Convention Relating to the Carriage of Passengers and their Luggage by Sea (set out in Schedule 6 to the Merchant Shipping Act 1995), namely 46,666 units of account.

(1)

1995 c. 21; Schedule 6 was applied to domestic carriage by S.I. 1987/670.

(2)

S.I. 1987/855; amended by S.I. 1989/1880.

(3)

S.I. 1989/1880.

(4)

S.I. 1987/670.