SCHEDULE 4Modifications of enactments relating to admiralty actions and the arrestment of ships

9Factors affecting arrestments

After section 47B of the 1956 Act (as inserted by paragraph 8 above), insert—

47CCompetence of arresting cargo

1

It is not competent to execute an arrestment of cargo unless the cargo is on board a ship when the arrestment is executed.

2

For the avoidance of doubt, it is competent to execute an arrestment of cargo where it is in the possession of the defender or of a person acting on behalf of the defender.

47DArrestment of cargo: restriction on movement of ship

Where cargo is arrested, the ship is treated as if arrested until the cargo is unloaded.