HC Deb 23 July 1958 vol 592 cc603-4

Lords Amendment: After the Amendment last inserted, insert new Clause "G": (1) In section five hundred and two of the Merchant Shipping Act. 1894, the word "seagoing" shall be omitted. (2) For subsection (3) of section five hundred and three of the Merchant Shipping Act, 1894, there shall be substituted the following subsection— (3) The limits set by this section to the liabilities mentioned therein shall apply to the aggregate of such liabilities which are incurred on any distinct occasion, and shall so apply in respect of each distinct occasion without regard to any liability incurred on another occasion. (3) In section five hundred and four of the Merchant Shipping Act. 1894, for the words "in respect of loss of life, personal injury or loss of or damage to vessels or goods" there shall be substituted the words "in respect of any occurrence in respect of which his liability is limited under section five hundred and three of this Act". (4) In Part VIII of the Merchant Shipping Act, 1894, the expression "owner" shall be construed as including, where it occurs in section five hundred and two, every person whose liability is excluded by section three of this Act, and elsewhere, except in the second place where it occurs in section five hundred and five, every person whose liability is limited by that section. (5) In section five of the Crown Proceedings Act, 1947, the following shall be substituted for paragraph (a) of subsection (6)— (a) any structure to which Part VIII of that Act is applied by section four of the Merchant Shipping (Liability of Shipowners and Others) Act, 1958; and and in subsection (8) for the reference to the Merchant Shipping (Liability of Shipowners) Act, 1898, there shall be substituted a reference to sections three and four of this Act. (6) The enactments mentioned in the Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule

Mr. Neave

I beg to move, That this House doth agree with the Lords in the said Amendment.

This relates to minor and consequential amendments and repeals, upon which I do not think I need say anything except on subsection (1), which removes an anomaly in our existing law under which exclusion of liability for fire and theft of valuables is restricted to sea-going ships; but limitation of liability applies to all ships.

Question put and agreed to.