The Port of Weston Harbour Revision Order 2008

Duties and powers of Company in respect of the Port

5.—(1) On and from the operative date the Company shall have in respect of the Port all the duties and powers imposed or conferred on BW in respect of the Port by any provision of the River Weaver Navigation Acts 1721 to 1945 relating to the Port and in force immediately before that date, and on that date BW shall cease to have any such duties or powers in respect of the Port.

(2) In consequence of paragraph (1), on and from the operative date any statutory provision of local application or document whatsoever (other than a document referred to in article 7(1)) shall, so far as it relates to the Port, have effect (except where the context otherwise requires and subject to any necessary modifications) as if, for any reference however worded and whether express or implied—

(a) to BW, there were substituted a reference to the Company; and

(b) to any officer or servant of BW, there were substituted a reference to the officer or servant of the Company who corresponds as nearly as may be to the first-mentioned officer or servant.

(3) Paragraph (2) does not apply to any provision of the British Waterways Acts 1963 to 1995.

(4) Without prejudice to the generality of paragraph (2), on and from the operative date any provision in the Manchester Ship Canal Acts and Orders 1885 to 1992 for the protection or benefit of BW or any predecessor of BW shall, so far as it relates to the Port, have effect as if, for any reference to BW or any predecessor of BW, there were substituted a reference to the Company.

(5) Paragraphs (2) and (4) do not apply to paragraphs (10) and (22) of section 71 (for the protection of the Trustees of the River Weaver Navigation) of the Manchester Ship Canal Act 1885(1) which on the operative date shall cease to apply to the Port; but nothing in this Order shall affect the application of the said paragraphs (10) and (22) in relation to the navigation or any part of the undertaking of BW which is not transferred by this Order to the Company.

(6) On and from the operative date section 50 of, and Schedule 9 to, the Transport Act 1962(2)shall cease to apply to the Port.

(1)

1885 c. clxxxviii.

(2)

1962 c.46.