Merchant Shipping (Liner Conferences) Act 1982

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.