SCHEDULES

SCHEDULE 8Carriers’ Liability

15

In section 43 (interpretation) (which becomes subsection (1))—

a

in the definition of “concealed” for “or aircraft” substitute “ , aircraft or rail freight wagon ”,

b

omit the definition of “court”,

c

after the definition of “equipment” insert—

“freight shuttle wagon” means a wagon which—

a

forms part of a shuttle-train, and

b

is designed to carry commercial goods vehicles;

“freight train” means any train other than—

a

a train engaged on a service for the carriage of passengers, or

b

a shuttle-train;

d

in the definition of “owner” omit paragraph (b) and the word “and” immediately preceding it,

e

for the definition of “rail freight wagon” substitute—

“rail freight wagon” means—

a

any rolling stock, other than a locomotive, which forms part of a freight train, or

b

a freight shuttle wagon,

and for the purpose of this definition, “rolling stock” and “locomotive” have the meanings given by section 83 of the Railways Act 1993 (c.43);

f

after the definition of “ship” insert—

“shuttle-train” has the meaning given by section 1(9) of the Channel Tunnel Act 1987 (c. 53);

g

in the definition of “transporter” for “or aircraft” substitute “ , aircraft or rail freight wagon ”, and

h

at the end insert—

2

A reference in this Part to “the court” is a reference—

a

in England and Wales, to a county court,

b

in Scotland, to the sheriff, and

c

in Northern Ireland, to a county court.

3

But—

a

a county court may transfer proceedings under this Part to the High Court, and

b

the sheriff may transfer proceedings under this Part to the Court of Session.