Hovercraft (Civil Liability) Order 1986

Publication Date:January 01, 1986
 
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1986No. 1305

HOVERCRAFT

The Hovercraft (Civil Liability) Order 1986

25thJuly1986

1stDecember1986

ARRANGEMENT OF ORDER

Article
 1. Citation and operation
 2. Interpretation and revocation
 3. Liability for carriage of passengers and baggage
 4. Liability for goods on board hovercraft
 5. Vehicles not to be treated as baggage
 6. Overall limitation of liability
 7. Application of the Maritime Conventions Act 1911
 8. Crown hovercraft
 9. Previous occurrences
10. Schedule for convenience of reference

SCHEDULES

Schedule

1. Liability for Carriage of Passengers and Baggage

Part I— A. Modifications of the Carriage by Air Act 1961

B. Modifications of the Carriage by Air Act 1961, Schedules

Part II—A. Modifications of the Carriage by Air (Supplementary Provisions) Act 1962

B. Modifications of the Carriage by Air (Supplementary Provisions) Act 1962, Schedule

2. Liability for Goods on board Hovercraft

A. Modifications of the Carriage of Goods by Sea Act 1971

B. Modifications of the Carriage of Goods by Sea Act 1971, Schedule

3. Overall limitation of liability

A. Modifications of sections 17 and 18 of the Merchant Shipping Act 1979

B. Modifications of Schedule 4 to the Merchant Shipping Act 1979

4. The modified enactments set out for convenience of reference:

(1) The Statutes applied and modified by Schedule 1

(2) The Statutes applied and modified by Schedule 2

(3) The Statutes applied and modified by Schedule 3

At the Court at Buckingham Palace, the 25th day of July 1986

Present,

The Queen's Most Excellent Majesty in Council

Whereas a draft of this Order has been laid before Parliament and has been approved by a resolution of each House of Parliament in accordance with section 1(4) of the Hovercraft Act 1968(a).

Now, therefore, Her Majesty, in exercise of the powers conferred upon Her by section 1(1)(h) and (i), and section 1(3)(f) and (g) of the Hovercraft Act 1968, and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

Citation and operation

1. This Order may be cited as the Hovercraft (Civil Liability) Order 1986 and shall come into operation on 1st December 1986.

Interpretation and revocation

2.—(1) In this Order, unless the context otherwise requires, "navigable water" means any water which is in fact navigable by ships or vessels, whether or not the tide ebbs and flows there, and whether or not there is a public right of navigation in that water.

(2) The Hovercraft (Civil Liability) Order 1979 (b) is hereby revoked.

Liability for carriage of passengers and baggage

3. The Carriage by Air Act 1961 (c), and the Carriage by Air (Supplementary Provisions) Act 1962 (d) shall apply subject to the modifications set out in Schedule 1 to this Order in relation to the carriage of passengers and their baggage by hovercraft as they apply in relation to the carriage of passengers and their baggage by air.

Liability for goods on board hovercraft

4. Subject to article 6, the Carriage of Goods by Sea Act 1971 (e) shall apply, subject to the modifications set out in Schedule 2 to this Order, in relation to the carriage of goods by hovercraft (other than passengers' baggage) as it applies in relation to goods on board or carried by ship.

(a) 1968 c.59; section 1(1)(h) was amended by the Merchant Shipping Act 1979 (c.39), section 48, and section 1(1)(i) was amended by the Carriage of Goods by Sea Act 1971 (c.19), section 6(3).

(b) S.I. 1979/305.

(c) 1961 c.27, amended by 1963 c.47, 1964 c.1. (N.I.), 1978 c.47 and 1979 c.28.

(d) 1962 c.43, amended by 1978 c.47.

(e) 1971 c.19, amended by 1979 c.39 and 1981 c.10.

Vehicles not to be treated as baggage

5. The enactments applied by this Order shall apply with the further modifications that—

(a) a vehicle and its contents shall not be treated as baggage; and

(b) subject to the foregoing, any property of which the passenger takes charge himself shall be treated as baggage.

Overall limitation of liability

6.—(1) Subject to paragraph (2) below, sections 17 and 18 of, and Schedule 4 to, the Merchant Shipping Act 1979 (a) shall apply, subject to the modifications set out in Schedule 3 to this Order, in relation to:

(a) loss of life or personal injury connected with a hovercraft which is caused to persons not carried by the hovercraft;

(b) loss or damage connected with a hovercraft which is caused to property; and

(c) infringements of rights through acts or omissions connected with a hovercraft;

if and only if at the time of the incident causing the damage the hovercraft was on or over navigable water, or on or over the foreshore, or was proceeding between navigable water and a hoverport, or was on or over a hoverport either preparing for or after such transit.

(2) This article shall not apply to claims in respect of:

(i) loss or damage to passengers' baggage carried by the hovercraft; or

(ii) loss of or damage to crew's property carried by the hovercraft.

For the purpose of this paragraph "crew" means a person who is on board a hovercraft or employed in connection with that hovercraft or with salvage operations, if he was so on board or employed under a contract of service governed by the law of any part of the United Kingdom, and in this sentence "salvage operations" has the same meaning as in Schedule 4 to the Merchant Shipping Act 1979 as modified by this Order.

Application of the Maritime Conventions Act 1911

7. Sections 1, 2, 3, 8 and 9(4) of the Maritime Conventions Act 1911 (b) shall apply as if references therein to vessels included references to hovercraft.

Crown hovercraft

8.—(1) Article 6 above and Schedule 3 below shall apply in relation to Her Majesty's hovercraft as they apply in relation to other hovercraft.

(2) Sections 6 and 30 of the Crown Proceedings Act 1947 (c), and those sections as extended to Northern Ireland by virtue of the Northern Ireland (Crown Proceedings) Order 1949 (d) shall apply in the case of hovercraft as they apply in the case of vessels.

Previous occurrences

9. This Order shall not affect rights or liabilities arising out of an occurrence before it comes into operation.

(a) 1979 c.39.

(b) 1911 c.57.

(c) 1947 c.44.

(d) S.I. 1949/1836.

Schedule for convenience of reference

10. For convenience of reference the enactments applied by articles 3, 4 and 6 of this Order are set out in Schedule 4 to this Order with the modifications made in them by this Order.

G. I. de Deney, Clerk of the Privy Council.

Article 3

SCHEDULE 1

LIABILITY FOR CARRIAGE OF PASSENGERS AND BAGGAGE

PART I

MODIFICATIONS OF THE CARRIAGE BY AIR ACT 1961

The following are the modifications of the Carriage by Air Act 1961 referred to in article 3 of this Order.

A. The Act, other than the Schedules

(1) The following shall be substituted for section 1(1):

"The First Schedule to this Act shall, subject to the provisions of this Act, have effect in respect of the carriage of passengers and their baggage by hovercraft.".

(2) Section 1, sub-sections (2), (3) and (4) shall not apply.

(3) Section 2 shall not apply.

(4) The following shall be substituted for section 3:—

"3. References in section 1 of the Fatal Accidents Act 1976 (a), as it applies in England and Wales, and in Article 3(1) of the Fatal Accidents (Northern Ireland) Order 1977 (b) , to a wrongful act, neglect or default shall include references to any occurrence which gives rise to a liability under Article 17 in the First Schedule to this Act.".

(5) Section 4(1)(a) (which applies only to Scotland (c) ) shall not apply.

(6) Section 4(4) shall not apply.

(7) In section 4A(1) The words "or cargo" shall be omitted.

(8) In sections 5(1) and 5(2) for "the Convention" there shall be substituted "the First Schedule to this Act", and for "aircraft" there shall be substituted "hovercraft".

(9) Section 5(2) in its application to Scotland shall have effect in the same form as it applies in England and Wales and Northern Ireland (d).

(10) Sections 7 to 10 shall not apply.

(11) Section 11(a)(ii) shall not apply.

(a) 1976 c.30 (which repeals and re-enacts section 1 of the Fatal Accidents Act 1846 (c.93)).

(b) See S.I. 1977/1251, Schedule 1, paragraph 5.

(c) See 1978 c.47, Schedule 1, paragraph 5(1).

(d) See 1978 c.47, Schedule 1, paragraph 5(2).

(12) Section 14(1) shall not apply.

(13) In section 14(2) the words in brackets shall be omitted.

(14) Section 14(3) shall not apply.

B. The Schedules to the Act

(1) For "this Convention", wherever it appears, there shall be substituted "this Schedule".

(2) For "air" and "aircraft", wherever they appear, there shall be substituted "hovercraft".

(3) For "aerodrome", wherever it appears, there shall be substituted "hover-port".

(4) For "passengers, baggage or cargo", wherever it appears, there shall be substituted "passengers or baggage"; and from the expression "baggage or cargo", wherever it appears, "or cargo" shall be omitted.

(5) In article 1(1), "international" shall be omitted.

(6) Article 1(2) and (3) shall not apply.

(7) In article 2(1) for "by the State or by legally constituted public bodies" there shall be substituted "by the crown".

(8) Article 2(2) shall not apply.

(9) Chapter II shall not apply.

(10) In article 18(1) for "any registered baggage or any cargo" there shall be substituted "any baggage, other than that which the passenger takes charge of himself,".

(11) Article 18(2) shall not apply.

(12) In article 18(3), after "carriage" where it secondly appears, for "by land, by sea or by river", there shall be substituted "not by hovercraft".

(13) In article 20 for "necessary" there shall be substituted "reasonable".

(14) In article 22(1), for "two hundred and fifty thousand francs", wherever they appear, there shall be substituted "£34,412" and the second sentence shall be omitted.

(15) In article 22(2)(a) for "In the carriage of registered baggage and of cargo," there shall be substituted "In the carriage of baggage, other than that which the passenger takes charge of...

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