Last amended by Electronic Trade Documents Act 2023 in 2023. 2 recorded amendment effects (legislation.gov.uk changes data).
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Summary
The Carriage of Goods by Sea Act 1992 modernised the law on bills of lading, sea waybills, and ship's delivery orders. It replaced the Bills of Lading Act 1855 to resolve problems with containers and bulk cargo, allowing lawful holders of shipping documents to acquire contractual rights and liabilities under contracts of carriage.
Key Points
- Defines shipping documents: bills of lading, sea waybills, ship's delivery orders (s.1)
- Transfers rights of suit to lawful holder of bill of lading (s.2)
- Provides for liabilities to be imposed on persons who take or demand delivery (s.3)
- Extinguishes shipper's rights when they are transferred to another person (s.2(5))
- Applies to all carriage of goods by sea, not just UK voyages
Parts & Sections
Amendments History
2003 — Communications Act 2003
2 recorded amendment effects (legislation.gov.uk changes data).
2023 — Electronic Trade Documents Act 2023
2 recorded amendment effects (legislation.gov.uk changes data).
2002 — The Office of Communications Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2) Order 2003
1 commencement (coming-into-force) effect, including specified amended provision(s) (legislation.gov.uk changes data).
2003 — The Communications Act 2003 (Commencement No. 1) Order 2003
1 commencement (coming-into-force) effect, including specified amended provision(s) (legislation.gov.uk changes data).
1999 — Contracts (Rights of Third Parties) Act 1999
1 recorded amendment effect, including Act defn(s). (legislation.gov.uk changes data).
Frequently asked questions
- What is the main purpose of the Carriage of Goods by Sea Act 1992?
- The Act modernised the law on bills of lading, sea waybills, and ship's delivery orders. It replaced the Bills of Lading Act 1855 to address issues with containers and bulk cargo. Its primary purpose is to allow lawful holders of shipping documents to acquire contractual rights and liabilities under contracts of carriage.
- Who has the right to sue under a contract of carriage?
- Under the Act, rights of suit under a contract of carriage vest in three specific parties: the lawful holder of a bill of lading, the consignee identified in a sea waybill, and the person entitled to delivery under a ship's delivery order. These individuals are recognised as having the legal standing to bring claims under the contract.
- Who is liable under the contract of carriage?
- Liabilities under the contract of carriage attach to persons who take or demand delivery of the goods, make a claim under the contract, or take or demand delivery of a delivery order. This ensures that those who benefit from or interact with the shipping documents also assume the associated contractual obligations.
- Does the Act only apply to ships travelling within the UK?
- Yes, the Act applies to all carriage of goods by sea, not just voyages within the UK. It provides a comprehensive framework for maritime transport contracts regardless of the specific geographic route, ensuring consistent legal treatment for international and domestic sea freight.