Commentary on sections of the Act Section 7: Consequential provision
Section 7(1) provides for consequential amendments to section 89B(2) of the Bills of Exchange Act 1882 ("Instruments to which section 89A applies"). It effectively provides that section 89A of the Bills of Exchange Act 1882 ("Presentment of instruments by electronic means") does not apply to anything that is an electronic trade document within the meaning of the Act. Sections 89A and 89B of the Bills of Exchange Act 1882 envisage a different type of electronic presentment from that provided for by the Act, which does not involve a physical document. It is appropriate therefore that anything constituting an electronic trade document within the meaning of the Act is excluded from the scope of these provisions.
	Section 7(2) repeals sections 1(5) and 1(6) of the Carriage of Goods by Sea Act 1992 ("COGSA 1992"). Sections 1(5) and 1(6) of COGSA 1992 give a power to make regulations to enable bills of lading, sea waybills and ship’s delivery orders to be issued, indorsed, delivered or otherwise transferred by electronic means. Given that bills of lading and ship’s delivery orders fall within the scope of the Act, the powers provided for in these provisions become redundant with respect to those documents. In addition, even though the Act does not apply to sea waybills, sea waybills are not transferable, and possession of them is not (either as a matter of law or commercial practice) relevant to the determination of rights and entitlements. As such, the inability to possess sea waybills is not an obstacle to their use in electronic form. If it were ever the case that possession was relevant to a sea waybill in a particular situation, it would fall within the umbrella provision in section 1(1)(c) of the Act.