TNAG-2893-FCO40-4166-Hong-Kong-localisation-of-laws-merchant-shipping-and-carria-1993 — Page 42

1042

MERCHANT SHIPPING

and 17.2 of the Code and identified in the Schedule to these Regulations. "shipper" means such a shipper only if designated by the Secretary of State pursuant to the Merchant Shipping (Liner Conferences) (Conditions for Recognition) Regulations 1985;

"shippers' organisations" means organisations recognised under the Merchant Shipping (Liner Conferences) (Conditions for Recognition) Regulations 1985 or, as the case may be, designated by the Secretary of State pursuant to those Regulations;

"the Table" means the Table of mandatory provisions in the Schedule to these Regulations.

2. These Regulations (other than regulation 5) apply to any conference which-

(i) has its seat in the United Kingdom, so far as it serves the trade between states which are Contracting Parties to the Code, or

(ii) 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.

3.--(1) The provisions of Chapters I to V of the Code (whether articles, paragraphs or sentences as the case may be) listed in column i and column 8 of the Table are hereby identified as mandatory provisions, (the operation of certain of which has been modified by Council Regulation (EEC) No. 954/79 of 15th May 1979(a) concerning the ratification by Member States of, or their accession to, the United Nations Convention on a Code of Conduct for Liner Conferences, as indicated in column 7 of the Table).

(2) A mandatory provision listed in column 1 of the Table in relation to which there is an entry-

(a) "SD" in column 2 of the Table shall be a statutory duty enforceable only at the suit of any person mentioned in column 4 of the Table against any person listed in column 5;

(b) "IT"" in column 2 of the Table shall have effect as an implied term of

the contract or contracts referred to in column 6 of the Table.

(3) The duties imposed by mandatory provisions referred to in paragraph (2) above are supplemented by mandatory provisions identified in relation thereto in column 8 of the Table. Where a provision of the Code is identified as such a supplementary statutory duty, then that statutory duty is owed by the same. persons as the related statutory duty listed in column I, to which the duty in column 8 is supplementary.

(4) The provisions of the Code mentioned in columns 1 or 8 of the Table shall have effect subject to any entry made in column 9 of the Table.

4. Any reference to a conference in column 4 or 5 of the Table includes a reference to incorporated conferences as well as unincorporated conferences; and in the case of incorporated conferences referred to in column 5 the

(a) O.J. No. L.121, 17.5. 1979, p.1.