An Act to amend the Merchant Shipping Act 1894, with respect to the Liability of Shipowners and others.
[6th August 1900]
Modifications etc. (not altering text)
C1Act applied by Crown Proceedings Act 1947 (c. 44), s. 5; explained by s. 7
C2Act modified by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 47(2)(b) (with s. 58(4), Sch. 8 para. 1) and by S.I. 1989/1991, art. 10
C3Act excluded by S.I. 1989/1991, arts. 11–14
Textual Amendments
(1)The owners of any dock or canal, or a harbour authority or a conservancy authority, as defined by the M1Merchant Shipping Act 1894, shall not, where without their actual fault or privity any loss or damage is caused to any vessel or vessels, or to any goods, merchandise, or other things whatsoever on board any vessel or vessels, be liable to damages beyond an aggregate amount [F2equivalent to one thousand gold francs] for each ton of the tonnage of the largest registered British ship which, at the time of such loss or damage occurring, is, or within the period of five years previous thereto has been, within the area over which such dock or canal owner, harbour authority, or conservancy authority, performs any duty or exercises any power. A ship shall not be deemed to have been within the area over which a harbour authority or a conservancy authority performs any duty, or exercises any powers, by reason only that it has been built or fitted out within such area, or that it has taken shelter within or passed through such area on a voyage between two places both situate outside that area, or that it has loaded or unloaded mails or passengers within that area.
(2)(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
(4)For the purpose of this section the term “dock” shall include wet docks and basins, tidal docks and basins, locks, cuts, entrances, dry docks, graving docks, gridirons, slips, quays, wharves, piers, stages, landing-places, and jetties.
(5)For the purposes of this section the term “owners of a dock or canal” shall include any person or authority having the control and management of any dock or canal, as the case may be.
(6)Nothing in this section shall impose any liability in respect of any such loss or damage on any such owners or authority in any case where no such liability would have existed if this Act had not passed.
Textual Amendments
F2Words substituted by virtue of Merchant Shipping (Liability of Shipowners and Others) Act 1958 (c. 62), s. 1(1)(b)(2)
F3S. 2(2)(3) repealed by Merchant Shipping Act 1979 (c. 39), ss. 50(4), 52(2), Sch. 7
Modifications etc. (not altering text)
C4S. 2 amended by Merchant Shipping Act 1981 (c. 10, SIF 111), s. 1(4)
C5Power to extend s. 2 conferred by Merchant Shipping (Liability of Shipowners and Others) Act 1958 (c. 62), s. 11
C6Power to apply s. 2 with modifications (N.I.) conferred by Harbours Act (Northern Ireland) 1970 (c. 1), s. 1, Sch. 2 Pt. II para. 7
C7S. 2(1) amended by Merchant Shipping Act 1979 (c. 39), s. 52(2), Sch. 5 para. 1
Marginal Citations
The limitation of liability under this Act shall relate to the whole of any losses and damages which may arise upon any one distinct occasion, although such losses and damages may be sustained by more than one person, and shall apply whether the liability arises at common law or under any general or private Act of Parliament, and notwithstanding anything contained in such Act.
This Act may be cited as the Merchant Shipping (Liability of Shipowners and others) Act 1900.
This Act shall be construed as one with the M2Merchant Shipping Act 1894, and that Act and the M3Merchant Shipping Act 1897, the M4Merchant Shipping (Exemption from Pilotage) Act 1897, the M5Merchant Shipping (Liability of Shipowners) Act 1898, the M6Merchant Shipping (Mercantile Marine Fund) Act 1898, and this Act, may be cited together as the Merchant Shipping Acts 1894 to 1900.