SEA-CARRIAGE DOCUMENTS ACT 1998 - SECT 4
SEA-CARRIAGE DOCUMENTS ACT 1998 - SECT 4
In this Act, unless the contrary intention appears—
"bill of lading" means a bill of lading (including a received for shipment
bill of lading) which is capable of transfer—
(a) by
endorsement; or
(b) as a
bearer bill, by delivery without endorsement;
"contract of carriage", in relation to a sea-carriage document, means—
(a) in
the case of a bill of lading or a sea waybill—the contract of carriage
contained in, or evidenced by, the document; or
(b) in
the case of a ship's delivery order—the contract of carriage in
association with which the order is given;
"data message" means information generated, stored or communicated by
electronic, optical or analogous means including, but not limited to,
electronic data interchange, electronic mail, telegram, telex and telecopy;
"goods", in relation to a sea-carriage document, means the goods to which the
document relates;
"identification", in relation to the identification of a person in a
sea-carriage document, includes the identification of the person by a
description which allows for the person's identity to be varied, in accordance
with the document, after its issue;
"lawful holder", in relation to a bill of lading, means a person who—
(a) has
come into possession of the bill, in good faith, as the consignee of the
goods, by virtue of being identified in the bill; or
(b) has
come into possession of the bill, in good faith, as a result of the
completion, by delivery of the bill—
(i)
of any endorsement of the bill; or
(ii)
in the case of a bearer bill—of any other transfer
of the bill; or
(c)
would be the lawful holder of the bill under paragraph (a) or (b) had not
the person come into possession of the bill as the result of a transaction
effected at a time when possession of the bill no longer gave a right (as
against the carrier) to possession of the goods;
"sea-carriage document" means a bill of lading, a sea waybill or a ship's
delivery order;
"sea waybill" means a document other than a bill of lading which—
(a) is
issued by the carrier of the goods; and
(b) is a
receipt for the goods; and
(c)
contains or evidences a contract for the carriage of the goods by sea; and
(d)
identifies the person to whom delivery of the goods is to be made by the
carrier in accordance with the contract;
"ship's delivery order" means a document other than a bill of lading or a sea
waybill which—
(a) is
given in association with a contract for the carriage of goods by sea
including those to which the document relates; and
(b)
contains an undertaking by the carrier to deliver the goods to which the
document relates to a person identified in the document.