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

Factors affecting arrestments

9After 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.”.