Clause 2

by inserting, immediately after subsection (3AA), the following subsections:“(3AB) Despite subsection (3), a shipowner’s lien created by a company on or after the date of commencement of section 2 of the Companies (Amendment) Act 2018, whether as a charge on book debts of the company or a floating charge on the undertaking or property of the company, is not a charge to which this section applies.(3AC) Despite subsection (3) or (3AA), a shipowner’s lien created by a company before the date of commencement of section 2 of the Companies (Amendment) Act 2018, whether as a charge on book debts of the company or a floating charge on the undertaking or property of the company, is a charge to which this section applies only if, as at that date —

an order for the winding up of the company has been made; (b)a resolution has been passed for the voluntary winding up of the company; or

a creditor of the company has acquired a proprietary right to or an interest in the subject matter of the lien.”; and

by inserting, immediately after subsection (10), the following subsection:“(11) In this section, “shipowner’s lien” means a contractual lien on —

sub-freights;

sub-hires; or

bill of lading freight,created under a charter (or sub-charter) of a ship for any amount due under the charter (or sub-charter).”.