Merchant Shipping Act 1979

40 Foreign action affecting shipping

(1) In section 14 of the [1974 c. 43.] Merchant Shipping Act 1974 (which relates to foreign action affecting shipping)—

(a) in subsection (3) (which among other things enables provision to be made for regulating matters mentioned in that subsection) after paragraph (d) there shall be inserted the words " and in this subsection ' regulating ', except in relation to the rates which may or must be charged for carrying goods, includes imposing a prohibition ";

(b) in subsection (8) (which prohibits the disclosure of information otherwise than with the informant's consent or for the purposes of the section) after paragraph (c) there shall be inserted the words or

(d) in pursuance of a Community obligation to a Community institution;

(c) in subsection (11) (which defines expressions used in that section) after the words " United Kingdom " there shall be inserted the words " and ' agency or authority of a foreign government' includes any undertaking appearing to the Secretary of State to be, or to be acting on behalf of, an undertaking which is in effect owned or controlled (directly or indirectly) by a State other than the United Kingdom "; and

(d) after that subsection there shall be inserted the following subsection—

(11A) A recital in an order under this section that the persons who have adopted, or propose to adopt, the measures or practices in question are a foreign government, or an agency or authority of a foreign government, shall be conclusive.

(2) In paragraph 2 of Schedule 4 to the said Act of 1974 (which relates to the making of orders under subsection (3)(d) of section 14) after sub-paragraph (3) there shall be inserted the following sub-paragraph—

(4) Nothing in this paragraph prejudices subsection (6) of the principal section..