Merchant Shipping (Liner Conferences) Act 1982
| Year | 1982 |
Merchant Shipping (Liner Conferences) Act 1982
1982 CHAPTER 37
An Act to provide for the implementation in the United Kingdom of the Convention on a Code of Conduct for Liner Conferences signed at Geneva on 6th April 1974; and for connected purposes.
[23rd July 1982]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, on this present Parliament assembled, and by the authority of the same, as follows:—
Main implementing provisions
1 Introductory provisions: the Code and the ContractingParties to it.
(1) In this Act ‘the Code’ means the Convention on a Code of Conduct for Liner Conferences signed at Geneva on 6th April 1974.
(2) The text of the Code is set out in the Schedule to this Act.
(3) Her Majesty may by Order in Council certify which states are Contracting Parties to the Code, and in respect of what countries they are parties, and an Order in Council under this subsection shall be conclusive evidence of the matters certified by it.
2 Implementing regulations: the general scheme.
(1) The Secretary of State may by regulations made by statutory instrument make such provision as appears to him appropriate for giving effect to the Code in the United Kingdom, having regard in particular to the reservations made by the United Kingdom when acceding to the Code.
(2) The general scheme of regulations under subsection (1) shall be—
(a ) that the provisions of Chapters I to V of the Code shall apply—
(i) to a conference which has its seat in the United Kingdom, so far as it serves the trade between states which are Contracting Parties to the Code, and
(ii) to a conference which does not have its seat in the United Kingdom, so far as it serves the trade between the United Kingdom and another state which is a Contracting Party to the Code;
(b ) that only such of those provisions as are identified by the regulations as mandatory provisions shall give rise to enforceable duties;
(c ) that compliance with those mandatory provisions may be enforced by civil proceedings and not otherwise.
(3) For the purposes of paragraph (a ) of subsection (2) a conference has its seat in the United Kingdom if, and only if—
(a ) it is incorporated or formed under the law of a part of the United Kingdom, or
(b ) its central management and control is exercised in the United Kingdom.
(4) Provisions of regulations under subsection (1) to the effect described in paragraph (a ) of subsection (2) shall apply as mentioned in that paragraph whether or not the law of a part of the United Kingdom would fall to be applied in accordance with the ordinary rules of private international law.
3 Matters which may be provided for by regulations.
(1) In this section ‘regulations’ means regulations under section 2(1) and the specific mention of any matter in this section shall not be construed as restricting the generality of that provision.
(2) Regulations may—
(a ) clarify the meaning of the provisions of the Code;
(b ) supplement the provisions of the Code; and
(c ) make different provision for different cases and circumstances, as for example for different trades or according to the nationality of the parties involved.
(3) Regulations may specify with respect to any mandatory provision of the Code—
(a ) the content of the duties expressly or impliedly imposed by that provision; and
(b ) the persons owing those duties and the persons to whom those duties are owed.
(4) Regulations may provide that a duty imposed by a mandatory provision of the Code is a statutory duty enforceable at the suit of a person to whom the duty is owed.
(5) Where a duty imposed by a mandatory provision of the Code has effect as between parties to a contract, regulations may provide that it has effect as an implied term of that contract and where a term is so implied—
(a ) any agreed terms which are to any extent inconsistent with that term shall to that extent be of no effect; and
(b ) without prejudice to paragraph (a ), any agreed provision for the settlement of disputes arising out of the contract shall apply to disputes arising out of that term only if—
(i) the parties to the contract have expressly agreed that that provision shall apply to such disputes; or
(ii) the parties to the dispute in question agree that it should apply to that dispute.
(6) Regulations may provide with respect to any mandatory provision of the Code that the duties imposed by that provision are owed by or to a conference as such, whether it be incorporated or unincorporated, and where regulations provide that any such duties are owed by an incorporated conference they may also provide that the members of the conference owe to the persons to whom the duties are owed a duty to take all reasonable steps to secure that the conference fulfils its duties.
(7) Regulations may provide for excluding or restricting, in proceedings for the enforcement of a duty arising under a mandatory provision of the Code, liabilities or remedies of any description specified in the regulations.
(8) Regulations may specify—
(a ) the conditions for recognition as a United Kingdom shipping line for the purpose of the Code, and
(b ) the conditions for recognition of a shippers' organisation by the Secretary of State for the purposes of the Code,
and may empower the Secretary of State to designate for the purposes of Article 11 (consultation machinery) such persons or organisations as are mentioned in paragraph 1 of that Article.
4 Power to exclude or restrict operation of theCode for lack of reciprocity.
4. Where it appears to the Secretary of State that—
he may by regulations made by statutory instrument exclude or restrict the operation of all or any of the provisions of Chapters I to V of the Code, as they apply by virtue of regulations under section 2(1), in relation to trade with that state or in relation to persons having any such connection with that state as may be specified in the regulations.
Proceedings arising out of the Code
5 Liability of members of conference to be inproportion to their responsibility.
(1) Where proceedings arising out of the Code are brought against a member of a conference in respect of damage or loss suffered by any person and other members of the conference are also liable (whether jointly or otherwise) in respect of the same damage or loss, the liability of that member to make good that damage or loss shall be in proportion to his responsibility.
The reference above to the liability of other members of the conference is to any such liability which has been or could be established in proceedings brought before the same court or other tribunal by or on behalf of the person suffering the damage or loss; and for the purposes of this subsection it is immaterial by reference to what law the issue of liability was or would be determined.
(2) In ascertaining the responsibility of a member of a conference for the purposes of subsection (1), regard shall be had not only to the member's part (if any) in the particular matters giving rise to the proceedings but also to his general involvement in the affairs of the conference as shown, for example, by his share of the conference trade, the nature of pooling arrangements to which he is a party and the extent to which he contributes to the administrative expenses of the conference.
(3) Subsections (1) and (2) apply to any proceedings in the United Kingdom and to proceedings elsewhere in which the extent of the liability of a member of a conference falls to be determined by reference to the law of a part of the United Kingdom.
(4) Where in proceedings arising out of the Code—
(a ) judgment is given against a member of a conference in respect of damage or loss caused to any person, and
(b ) the extent of the member's liability is not determined by reference to subsections (1) and (2),
the member shall not, if it is sought to enforce the judgment in the United Kingdom, be liable to make good any greater proportion of that damage or loss than if the extent of his liability had been determined by reference to those subsections.
(5) A member of an unincorporated conference against which judgment is given, whether in the United Kingdom or elsewhere, in proceedings arising out of the Code in respect of damage or loss caused by any person by a...
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