864
1976 c. 34.
Modifications
consequent on
revision of Code, etc.
c. 37
Merchant Shipping (Liner Conferences) Act 1982
(4) For the purposes of paragraph (a), (b) or (c) of subsection (2) it is immaterial that there are other parties to an agreement in addition to those mentioned in that paragraph, except that paragraph (c) does not apply where the parties to an agreement include more than one such supplier as is mentioned in that paragraph.
(5) If provision with respect to any such service as is men- tioned in subsection (2) is made by order under section 11 or 12 of the Restrictive Trade Practices Act 1976 (under which pro- vision may be made as respects the application of the Act to restrictive agreements or information agreements as to services), provision may also be made by order under that section for such consequential modifications of this section as appear to the Secretary of State to be appropriate.
(6) Without prejudice to subsection (5), this section shall, so far as it relates to the Restrictive Trade Practices Act 1976, be construed as one with that Act.
12.--(1) Her Majesty may by Order in Council make such provision as she considers appropriate for the purpose of giving i effect in the United Kingdom to—
(a) any revision of the Code which has been agreed to by Her Majesty's Government in the United Kingdom or is to be treated as agreed to by virtue of Article 51 (amendments circulated without objection);
(b) any further international agreement which has been agreed to by Her Majesty's Government in the United Kingdom relating to any of the matters dealt with in the Code;
(c) any revision of any such further agreement which has been agreed to by Her Majesty's Government in the United Kingdom or is to be treated as agreed to by virtue of any provision similar in effect to Article 51.
(2) Without prejudice to the generality of subsection (1), an Order under that subsection may in particular include provi- sion--
(a) for making such modifications of any provision of this Act or any other statutory provision, whenever passed or made, as appear to Her Majesty to be appropriate; (b) for creating criminal offences punishable on summary
conviction with a fine not exceeding £1,000.
(3) In this section “revision ", in relation to the Code or any other international agreement, means an omission from, addition to or alteration of the agreement, and includes the replacement of the agreement to any extent by another agreement.
Merchant Shipping (Liner Conferences) Act 1982
c. 37
865
13.-(1) Where the Secretary of State proposes to make any Regulations regulations under section 2(1), he shall consult such persons and orders: in the United Kingdom as he considers will be affected by the consultation proposed regulations.
(2) The following shall be subject to affirmative resolution—
(a) regulations under section 2(1) made before the expiry of the period of three months beginning with the date on which this Act comes into force;
(b) any Order in Council under section 12.
(3) The following shall be subject to negative resolution--
(á) regulations under section 2(1) made after the expiry of
the period mentioned in subsection (2)(a);
(b) any regulations under section 4.
""
(4) In subsection (2) subject to affirmative resolution" means that the instrument in question shall not be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament; and in subsection (3) subject to negative resolution means that the instrument in question shall be subject to annulment in pursuance of a resolution of either House of Parliament.
14.-(1) In this Act-
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64
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General
Article means Article of the Code;
the Code " has the meaning given by section 1(1); conciliation means international mandatory conciliation under Chapter VI of the Code, and references to the institution or completion of conciliation proceedings shall be construed in accordance with subsection (2); "conference" has the meaning given by Chapter I of the
Code;
"judgment", in relation to proceedings arising out of the Code, means any judgment, decree, order, award, recommendation or determination of any description given or made in such proceedings, and references to the giving of a judgment shall be construed accord- ingly;
*
44
mandatory provision ", in relation to the Code, means a provision identified as such by regulations as mentioned in section 2(2)(b);
modifications includes additions, omissions and altera-
tions;
proceedings arising out of the Code means legal pro- ceedings, conciliation proceedings, arbitration proceed-
PART I
2 E
and
Parliamentary control.
Interpretation.