Next (PART I Preliminary and General)

35 1996

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Number 35 of 1996


MERCHANT SHIPPING (LIABILITY OF SHIPOWNERS AND OTHERS) ACT, 1996

ARRANGEMENT OF SECTIONS


PART I

Preliminary and General

Section

1.

Short title, commencement, collective citation and construction.

2.

Interpretation generally.

3.

Repeals.

4.

Orders.

5.

Expenses.

PART II

Convention on Limitation of Liability for Maritime Claims, 1976

6.

Interpretation (Part II).

7.

1976 Convention to have the force of law.

8.

Declarations as respects states which are parties to the 1976 Convention.

9.

Construction of references to ship in 1976 Convention.

10.

Right to limit liability extends to non-seagoing ships.

11.

Restriction on right to limit liability.

12.

Construction of reference to nuclear ship in Article 3 of 1976 Convention.

13.

Conversion of amounts in units of account into currency of the State for the purposes of 1976 Convention.

14.

Rate of interest to be applied for purposes of Article 11 of 1976 Convention.

15.

Power of court to stay proceedings where fund is constituted.

16.

Provision with respect to liens or other rights in respect of ship or property.

17.

Submission to jurisdiction of court deemed in certain circumstances.

PART III

Convention Relating to the Carriage of Passengers and Their Luggage by Sea, 1974

18.

Interpretation (Part III).

19.

1974 Convention and 1976 Protocol to have the force of law.

20.

Declarations as respects states which are parties to 1974 Convention and 1976 Protocol.

21.

Provision as respects non-application of 1974 Convention by Article 2 (2) thereof.

22.

Construction of reference in 1974 Convention to law of the court.

23.

Monetary limit under Article 7 of the 1974 Convention: power to increase as against certain carriers.

24.

Conversion of amounts in units of account into currency of the State for purposes of 1974 Convention.

25.

Application of 1974 Convention where defendant a national of non-Protocol state.

26.

Construction of reference in 1974 Convention to contract of carriage.

27.

Powers of court where liability limited under 1974 Convention.

28.

Action for damages under 1974 Convention deemed to be action founded on tort.

29.

Saving as respects operation of Part II.

PART IV

Carriage of Goods by Sea

30.

Interpretation (Part IV).

31.

Rules to have the force of law.

32.

Declarations as respects states which are Contracting States.

33.

Bills of lading and application of Rules.

34.

Application of Rules where port of shipment is a port in the State.

35.

Absolute warranty of seaworthiness not to be implied in contracts to which Rules apply.

36.

Conversion of amounts in units of account into currency of the State for purposes of Rules.

37.

Further saving as respects operation of Part II.

PART V

Miscellaneous

38.

Exclusion of liability in certain cases.

39.

Adaptation of certain references.


FIRST SCHEDULE

Convention on Limitation of Liability for Maritime Claims, 1976

SECOND SCHEDULE

Convention Relating to the Carriage of Passengers and Their Luggage by Sea, 1974 and Protocol thereto

PART I

Convention Relating to the Carriage of Passengers and Their Luggage by Sea, 1974

PART II

Protocol to the Convention Relating to the Carriage of Passengers and their Luggage by Sea, 1974

THIRD SCHEDULE

Articles ito xof the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading as Amended by the 1968 and 1979 Protocols

FOURTH SCHEDULE

Enactments Repealed

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Number 35 of 1996


MERCHANT SHIPPING (LIABILITY OF SHIPOWNERS AND OTHERS) ACT, 1996


AN ACT TO GIVE THE FORCE OF LAW TO THE CONVENTION ON LIMITATION OF LIABILITY FOR MARITIME CLAIMS, 1976, DONE AT LONDON ON THE 19th DAY OF NOVEMBER, 1976, THE CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA, 1974, DONE AT ATHENS ON THE 13th DAY OF DECEMBER, 1974, AS AMENDED BY THE PROTOCOL THERETO DONE AT LONDON ON THE 19th DAY OF NOVEMBER, 1976, THE INTERNATIONAL CONVENTION FOR THE UNIFICATION OF CERTAIN RULES OF LAW RELATING TO BILLS OF LADING DONE AT BRUSSELS ON THE 25th DAY OF AUGUST, 1924, AS AMENDED BY THE PROTOCOLS THERETO DONE AT BRUSSELS ON THE 23rd DAY OF FEBRUARY, 1968, AND THE 21st DAY OF DECEMBER, 1979, RESPECTIVELY, AND TO PROVIDE FOR RELATED MATTERS. [14th December, 1996]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: