The Carriage of Goods by Road (Isle of Man) Order 1981

Article 4

SCHEDULE

PART IEXCEPTIONS, ADAPTATIONS AND MODIFICATIONS IN THE EXTENSION OF THE CARRIAGE OF GOODS BY ROAD ACT 1965 TO THE ISLE OF MAN

1.  In section 1 for the words “United Kingdom” there shall be substituted the words “Isle of Man”.

2.  At the end of section 2 there shall be added the following subsection:—

“(3) An Order in Council made under this section as it has effect in the United Kingdom shall also have effect in the Isle of Man.”.

3.  In section 3(1) and (2) for the words “United Kingdom” there shall be substituted the words “Isle of Man”.

4.—(1) In section 4(1) for the words “Foreign Judgments (Reciprocal Enforcement) Act 1933” there shall be substituted the words “Judgments (Reciprocal Enforcement) (Isle of Man) Act 1968 (an Act of Tynwald)” and for the words “the Act of 1933” there shall be substituted the words “the Act of 1968”.

(2) In section 4(2) and (3) for the words “the Act of 1933” there shall be substituted the words “the Act of 1968”.

5.  In section 5(1) for the words from “nothing” to “1940” there shall be substituted the words “nothing in Part II of the Law Reform (Married Women and Tortfeasors) Act 1936 (an Act of Tynwald)”.

6.  In section 6 for the words “United Kingdom” there shall be substituted the words “Isle of Man” and the words “or in Scotland the execution of diligence” shall be omitted.

7.  Section 7(2) shall be omitted.

8.  For section 8(2) there shall be substituted the following provision:—

“(2) An Order in Council made under this section as it has effect in the United Kingdom shall also have effect in the Isle of Man insofar as the enactment modified extends to the Isle of Man.”.

9.  For section 8A(3)(1), there shall be substituted the following subsection:—

“(3) An Order in Council made under this section as it has effect in the United Kingdom shall also have effect in the Isle of Man provided that Tynwald has by resolution approved its having effect there.”.

10.  Sections 9, 10, 11, 12 and 14(4) shall be omitted.

PART IITRANSITIONAL AND SUPPLEMENTARY PROVISIONS

11.  If judgment in respect of a liability limited by Article 23 in the Schedule to the Act of 1965 is given after the coming into operation of this Order, then notwithstanding that the liability arose before the coming into operation of this Order, the judgment shall be in accordance with Article 23 as amended by section 4(2) of the Act of 1979.

12.  For the purposes of Article 23 in the Schedule to the Act of 1965, as amended by section 4(2) of the Act of 1979, the value on a particular day of one special drawing right shall be treated as equal to such a sum in sterling as the International Monetary Fund have fixed as being the equivalent of one special drawing right:—

(a)for that day; or

(b)if no sum has been so fixed for that day, for the last day before that for which a sum has been so fixed.

13.  Any reference in this Schedule to an enactment of Tynwald shall be construed as a reference to that enactment as amended or replaced by or under any other enactment of Tynwald.