General Pier and Harbour Act 1861, Amendment Act 1862 (c. 19)

[F1 II.—Future or pending Applications for Provisional Orders U.K.

Textual Amendments

F1 Act repealed (E.W.S.) (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 68(1), Sch. 4 Pt. 2; S.I. 1992/1347, art. 2, Sch. (with art. 3)

Works U.K.

7 Approval of works by Admiralty. U.K.

Before commencing the construction of any part of the works authorized by a provisional order, the undertakers shall deposit at the Admiralty Office working drawings of the whole works for the approval of the Admiralty: The works shall not be constructed otherwise than in accordance with such approval. After the same are commenced or constructed the undertakers shall not alter or extend the same without first obtaining the like approval. If any work be commenced, constructed, altered, or extended contrary to this provision, the Admiralty may, at the expense of the undertakers, abate and remove it, or any part of it, and restore the site thereof to its former condition.

Modifications etc. (not altering text)

C1 Functions of Admiralty under ss. 7–11 (except so far as they relate to navigation) now exercisable by Secretary of State concurrently with Board of Trade: Harbours Transfer Act 1862 (c. 69), s. 14, Ministry of Transport Act 1919 (c. 50), s. 2(1), S.R. & O. 1919/1440 (Rev. XV, p. 211: 1919 II, p. 849), S.I. 1965/145, arts. 2, 3, Sch. 1 and 1970/1537, art. 2(1)

8 Abandonment, disuse, &c. of works. U.K.

If any work authorized by any provisional order be abandoned or suffered to fall into disuse or decay, the Admiralty may, if and as they think fit, at the expense of the undertakers, either repair and restore such work or any part of it, or abate and remove it or any part of it, and restore the site thereof to its former condition.

Modifications etc. (not altering text)

C2 Functions of Admiralty under ss. 7–11 (except so far as they relate to navigation) now exercisable by Secretary of State concurrently with Board of Trade: Harbours Transfer Act 1862 (c. 69), s. 14, Ministry of Transport Act 1919 (c. 50), s. 2(1), S.R. & O. 1919/1440 (Rev. XV, p. 211: 1919 II, p. 849), S.I. 1965/145, arts. 2, 3, Sch. 1 and 1970/1537, art. 2(1)

9 Power to Admiralty to cause local survey to be made. U.K.

The Admiralty may at any time, at the expense of the undertakers, cause to be made a local survey and examination of the works authorized by any provisional order, or of the site thereof.

Modifications etc. (not altering text)

C3 Functions of Admiralty under ss. 7–11 (except so far as they relate to navigation) now exercisable by Secretary of State concurrently with Board of Trade: Harbours Transfer Act 1862 (c. 69), s. 14, Ministry of Transport Act 1919 (c. 50), s. 2(1), S.R. & O. 1919/1440 (Rev. XV, p. 211: 1919 II, p. 849), S.I. 1965/145, arts. 2, 3, Sch. 1 and 1970/1537, art. 2(1)

10 Recovery of expenses from undertakers. U.K.

Whenever the Admiralty, under the authority of this Act, do any act or thing in relation to any works authorized by any provisional order, which they are by this Act authorized to do at the expense of the undertakers, the amount of such expense shall be a debt to the Crown from the undertakers, and shall be recoverable as such, with costs; or the same may be recovered with costs as a penalty is or may be recoverable from the undertakers.

Modifications etc. (not altering text)

C4 Functions of Admiralty under ss. 7–11 (except so far as they relate to navigation) now exercisable by Secretary of State concurrently with Board of Trade: Harbours Transfer Act 1862 (c. 69), s. 14, Ministry of Transport Act 1919 (c. 50), s. 2(1), S.R. & O. 1919/1440 (Rev. XV, p. 211: 1919 II, p. 849), S.I. 1965/145, arts. 2, 3, Sch. 1 and 1970/1537, art. 2(1)

11 Lights to be exhibited at night during construction of works. U.K.

During the construction of the works the undertakers shall, at their own expense, exhibit and keep burning every night from sunset to sunrise such lights for the guidance of vessels as the Admiralty shall from time to time require or approve of: If the undertakers refuse or neglect to comply with this provision, they shall for each offence be liable to a penalty not exceeding [F2 level 1 on the standard scale].

Textual Amendments

F2 Words substituted (E.W.S.) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G

Modifications etc. (not altering text)

C5 Functions of Admiralty under ss. 7–11 (except so far as they relate to navigation) now exercisable by Secretary of State concurrently with Board of Trade: Harbours Transfer Act 1862 (c. 69), s. 14, Ministry of Transport Act 1919 (c. 50), s. 2(1), S.R. & O. 1919/1440 (Rev. XV, p. 211: 1919 II, p. 849), S.I. 1965/145, arts. 2, 3, Sch. 1 and 1970/1537, art. 2(1)

12 Limitation of time for completion of works. U.K.

The works authorised by any provisional order shall be completed within five years after the passing of an Act confirming the provisional order, or within such other time as the provisional order may direct; and on the expiration of that period the powers by the order given to the undertakers for executing the same, or otherwise in relation thereto, shall cease to be exercised, except as to so much thereof as is then completed.]