S.I. 1985/406
EXPLANATORY NOTE
(This Note is not part of the Regulations.)
1053
These Regulations implement the Convention on a Code of Conduct for Liner Conferences, 1974 ("the Code"), (which is scheduled to the Merchant Shipping (Liner Conference) Act 1982 under which they are made). The Regulations come into force when the Code enters into force for the United Kingdom. This date, which will be six months after accession by the United Kingdom, will be published in the London and Edinburgh Gazettes. The Regulations (other than regulation 5) apply to liner conferences with their headquarters in the United Kingdom, so far as they serve the trade between Contracting Partics to the Code, and other Conferences serving the trade between the United Kingdom and another Contracting Party to the Code (regulation 2).
The Regulations identify the mandatory provisions contained in the Code and the persons to whom and by whom the duties are owed (regulation 3 and Schedule). Such mandatory provisions are either statutory duties or implied. terms of contract. The operation of the Code has been modified by Council Regulation (EEC) No. 954/79 concerning ratification by Member States of, or their accession to, the Code (O. J. No. L.121, 17.5.1979, p.1). Certain supplementary and clarificatory provisions for the Code are contained in columns 8 and 9 of the Table in the Schedule.
The Regulations cover incorporated conferences as well as unincorporated conferences: in the former case the members of the conference have a duty to take all reasonable steps to secure that the conference fulfils its duties (regulation 4).
Finally, two minor clarifications are made in respect of article 23 (disputes procedure) of the Code (regulation 5).
12