Harbours, Piers and Ferries (Scotland) Act 1937

Part II S Construction of Works

F1 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F1 S. 4 repealed (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 68(1), Sch. 4 Pt.II; S.I. 1992/1347, art. 2,Sch. (subject as mentioned in art. 3 of that S.I.)

F2 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F2 S. 5 repealed (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 68(1), Sch. 4 Pt. II; S.I. 1992/1347, art. 2,Sch. (subject as mentioned in art. 3 of that S.I.)

6 Adaptation of 24 & 25 Vict. c. 47. S

Section three of the M1 Harbours and Passing Tolls, &c., Act 1861, shall, as regards any works authorised by a provisional order under this Part of this Act, be read and construed as if for any reference to the Board of Trade there were substituted a reference to the [F3 Secretary of State for Scotland], and for any reference to a secretary or assistant secretary there were substituted a reference to any person authorised by the [F3 Secretary of State for Scotland].

Textual Amendments

F3 Words substituted by virtue of S.I. 1970/1537, art. 6 Sch. 2 para. 2

Marginal Citations

M1 1861 c. 47.

7 Minor works. S

(1) Where,—

(a) a local or harbour authority in whom a marine work to which Part III of this Act applies is vested are desirous of undertaking the construction, reconstruction, extension or improvement of any works, machinery or conveniences ancillary to, or in connection with, the marine work; or

(b) a local authority are desirous of undertaking the construction, reconstruction, extension or improvement of a marine work within [F4 the Highland Region, the islands areas of Orkney, Shetland or the Western Isles or the Argyll district other than the former burgh of Rothesay and the former district of Bute].

and in either case it is shown to the satisfaction of the [F5 Secretary of State for Scotland] that the cost of the necessary operations will not exceed [F6 six hundred thousand pounds] the [F5 Secretary of State for Scotland] may authorise such authority to undertake the same, subject to and in accordance with the procedure laid down in the Second Schedule to this Act.

(2) Any works constructed under the foregoing subsection which are ancillary to, or in connection with, a marine work shall, for the purposes of this Act or of any other Act relating to the marine work, be deemed to be part thereof.

[F7 (3) If it appears to the Secretary of State that the sum of two hundred thousand pounds specified in subsection (1) above (or such other sum as may for the time being be so specified by virtue of an order made under this subsection) should be varied, he may by an order made by statutory instrument amend subsection (1) above by substituting for that sum such other sum as may be specified in the order.

(4) Any order made under subsection (3) above may be revoked by a subsequent order thereunder which substitutes another sum for the sum specified in the order which is thereby revoked.

(5) No order shall be made under subsection (3) above unless a draft of the order has been laid before Parliament and approved by resolution of each House of Parliament.]

Textual Amendments

F4 Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 19 para. 9

F5 Words substituted by virtue of S.I. 1970/1537, art. 6 Sch. 2 para. 2

F6 Words substituted by virtue of S.I. 1980/2038, art. 2

F7 S. 7(3)-(5) added by Harbours, Piers and Ferries (Scotland) Act 1972 (c. 29), s. 1(2)