Section 2 of the The Carriage of Goods by Sea Act 2025 Definitions

Section 2 of the The Carriage of Goods by Sea Act 2025 Definitions

Visual Summary

Executive Summary

This section acts as the dictionary for the entire Act. It defines three crucial terms to ensure everyone understands them consistently: ‘applicable rules’ (the main regulations in the Schedule), ‘notification’ (an official government announcement), and ‘Schedule’ (the appendix containing the detailed rules). Understanding these definitions is the first step to correctly interpreting the rest of the law.

In-Depth Analysis of the Section

Introduction
Every law has its own language, and Section 2 is the key to understanding it. By clearly defining important terms right at the beginning, the Act avoids confusion and ensures that its rules are applied uniformly. This section defines the foundational concepts upon which the entire framework of the Carriage of Goods by Sea Act is built.

Breakdown of Definitions

• (a) Applicable Rules: This term simply refers to the main set of regulations that govern the transport of goods by sea. Instead of listing all the rules in the main body of the Act, they are neatly organized in a separate section called the ‘Schedule’. So, whenever the Act mentions ‘applicable rules’, it’s telling you to look at the Schedule for the specific details.
• (b) Notification: This is the official method the government uses to make public announcements related to this Act. These announcements aren’t just posted online or in newspapers; they are published in the ‘Official Gazette’, which is the government’s official journal. This makes the announcement legally valid.
• (c) Schedule: Think of the Schedule as an appendix or an attachment to the main Act. It contains the detailed, technical rules (the ‘applicable rules’) about the responsibilities and rights of carriers and shippers. This separation keeps the main body of the Act concise and easier to read.

Practical Example
Imagine a shipping company needs to know its exact responsibilities when loading cargo. The Act might say, ‘The carrier must follow the applicable rules for loading.’ According to Section 2, the company knows that ‘applicable rules’ means they must open the Act’s ‘Schedule’ to find the precise regulations. If the government later decides to update one of these rules, it will issue a ‘notification’ in the Official Gazette, which then legally changes the rule in the Schedule.

Conclusion
Section 2 is short but powerful. It provides the essential vocabulary needed to navigate the Act. By defining ‘applicable rules’, ‘notification’, and ‘Schedule’, it creates a clear and unambiguous foundation, ensuring that all parties involved in maritime trade understand their rights and obligations as intended by the law.

Related Provisions

The definitions in Section 2 are fundamental and connect to several other parts of the Act. Understanding these terms is essential for interpreting the following sections correctly:

• Section 3: Application of Schedule – This section directly uses the term ‘Schedule’ (defined here) to specify when and where the ‘applicable rules’ apply.
• Section 5: Statement as to application of Schedule to be included in bills of lading – This provision mandates that shipping documents must explicitly state that they are subject to the ‘applicable rules’ found in the ‘Schedule’, reinforcing the importance of these defined terms.
• Section 9: Power of Central Government to amend Schedule – This section explains how the ‘Schedule’ can be changed by the government, which is done through a ‘notification’, another term defined in Section 2.

Learning Aids

Mnemonics

• Remember the three key terms with the acronym ANS:
  • Applicable rules
  • Notification
  • Schedule

Mind Map

Frequently Asked Questions

Test Your Knowledge