The Carriage of Goods by Sea (Overseas Territories) Order 1982

• Citation: S.I. 1982/1664
• Sections: 12

Section 1

This Order may be cited as the Carriage of Goods by Sea (Overseas Territories) Order 1982 and shall come into operation on 1st December 1982.

Section 2

(a) The Carriage of Goods by Sea Act 1971, excluding any amendments to that Act made by the provisions of the Merchant Shipping Act 1981, and the provisions of the Merchant Shipping Act 1981 specified in paragraph (b) below, shall extend to the territories, any one of which is in this Order referred to as “the Territory”, specified in Schedule 1 to this Order, subject to the exceptions, adaptations and modifications specified in Schedule 2 to this Order.

(b) The provisions of the Merchant Shipping Act 1981 referred to in paragraph (a) above are section 2; section 3 in so far as it relates to section 2; section 5(3) and the Schedule in so far as they relate to the Carriage of Goods by Sea Act 1971; and section 5(4) and (5) in so far as those sub-sections relate to the provisions specified in this paragraph.

Section 1

Unless the context otherwise requires, any reference to an enactment shall be a reference to that enactment as it has effect in the Territory.

Section 1

Unless the context otherwise requires, any reference to the Carriage of Goods by Sea Act 1971 shall be to that enactment as it has effect in the Territory.

Section 2

In section 1(3) for the reference to the United Kingdom there shall be substituted a reference to the Territory.

Section 2

In section 3:

(a) for subsections (1) and (2) there shall be substituted in the case of the Cayman Islands and Montserrat the following subsections:

(1) For the purposes of Article IV of the Rules set out in the Schedule to the Carriage of Goods by Sea Act 1971 as amended by section 2 of this Act, the relevant authority may specify in dollars the respective amounts which are to be taken as equivalent for a particular day to the sums expressed in special drawing rights in that section.

(2) A certificate given by or on behalf of the relevant authority in pursuance of subsection (1) above shall be conclusive evidence of the matters stated therein for the purposes of subsection (1) above; and a document purporting to be such a certificate shall, in any proceedings, be received in evidence and, unless the contrary is proved, shall be deemed to be such a certificate.

(b) in subsections (1) and (2):

(i) for any reference to the Treasury there shall be substituted in the case of the British Antarctic Territory, the Falkland Islands and Dependencies, the Turks and Caicos Islands and the British Virgin Islands a reference to the relevant authority;

(ii) for any reference to sterling there shall be substituted in the case of the Turks and Caicos Islands and the British Virgin Islands a reference to dollars;

(c) in subsection (3) the words following “subsection 2 above” shall be omitted and for the reference to the Treasury there shall be substituted a reference to the relevant authority.

Section 3

In section 2(1) between the words “Council” and “certifies” there shall be inserted the words “under this Act as it applies in the United Kingdom” .

Section 3

In section 5(4) for the words “Her Majesty may by Order in Council” there shall be substituted:

(i) in the case of the British Antarctic Territory the words “the High Commissioner may by Order” ;

(ii) in the case of the Cayman Islands, Montserrat, the Turks and Caicos Islands and the British Virgin Islands the words “the Governor may by Order” ;

(iii) in the case of the Falkland Islands and Dependencies the words “the Civil Commissioner may by Order” .

Section 4

Sections 4, 5 and 6(2) and (3) shall be omitted.

Section 4

Any reference to “the relevant authority” shall be a reference in the case of:

(i) the British Antarctic Territory to the High Commissioner;

(ii) the Cayman Islands, the Falkland Islands and Dependencies and the Turks and Caicos Islands to the Financial Secretary;

(iii) Montserrat and the British Virgin Islands to the Minister of Finance.

Section 5

In section 6(5) for the words “Her Majesty may by Order in Council” there shall be substituted:

(i) in the case of the British Antarctic Territory the words “the High Commissioner may by Order” ;

(ii) in the case of the Cayman Islands, Montserrat, the Turks and Caicos Islands and the British Virgin Islands the words “the Governor may by Order” ;

(iii) in the case of the Falkland Islands and Dependencies the words “the Civil Commissioner may by Order” .

Section 5

Any reference to dollars shall be a reference in the case of:

(i) the Cayman Islands to Cayman Islands dollars;

(ii) Montserrat to East Caribbean dollars;

(iii) the Turks and Caicos Islands and the British Virgin Islands to United States dollars.