Harbours Act 1964

18 Harbour reorganisation schemes. E+W+S

(1)With a view to securing the efficient and economical development of a group of harbours each of which is being improved, maintained or managed by a harbour authority in the exercise and performance of statutory powers and duties, a scheme (in this Act referred to as a “harbour reorganisation scheme”) with respect to the group, providing for all or any of the matters mentioned in subsection (2) below, may be submitted to the Minister . . . F1 by all or any of the authorities who between them are engaged, in the exercise and performance of statutory powers and duties, in improving, maintaining or managing the several harbours comprised in the group (hereafter in this section referred to as “the relevant authorities”).

[F2(1A)If the Secretary of State is of opinion that, with a view to securing the efficient and economical development of any such group of harbours as is mentioned in subsection (1) of this section, a harbour reorganisation scheme ought to be made providing for all or any of the matters for which provision may be made by such a scheme, he may by order make a harbour reorganisation scheme providing for those matters.]

(2)The said matters are the following, that is to say,—

(a)transferring powers or duties conferred or imposed by a statutory provision of local application on any of the relevant authorities for the purpose of, or in connection with, the improvement, maintenance or management of a harbour comprised in the group to another of those authorities or to a body constituted by the scheme;

(b)transferring interests of any of the relevant authorities in fixed or movable property used by them for the purposes of the harbour in question and rights or liabilities enjoyed or incurred by them for those purposes to another of those authorities or to such a body as aforesaid;

(c)transferring powers or duties conferred or imposed by a statutory provision of local application on any of the relevant authorities (other than powers or duties falling within paragraph (a) above), or powers or duties so conferred or imposed in relation to a harbour comprised in the group on a local lighthouse authority who are not one of the relevant authorities, to another person (whether one of those authorities or not) or to such a body as aforesaid;

(d)transferring interests of any of the relevant authorities or of a local lighthouse authority in fixed or movable property used by them for the purposes of, or in connection with, the exercise or performance of any powers or duties transferred by a provision of the scheme having effect by virtue of paragraph (c) above to the person to whom the powers or duties are transferred, and transferring to that person rights or liabilities enjoyed or incurred by the authority from whom the powers or duties are transferred in, or in connection with, the exercise or performance of the transferred powers or duties;

(e)transferring to any of the relevant authorities or to a body constituted by the scheme interests of a person in fixed or movable property used by him for carrying out harbour operations at a harbour that is comprised in the group or is adjacent to any of the harbours so comprised, not being a person engaged in improving, maintaining or managing that harbour in the exercise and performance of statutory powers and duties;

(f)transferring to the service of a person or body to whom any powers, duties, interests, rights or liabilities are transferred by a provision of the scheme having effect by virtue of any of the foregoing paragraphs officers or servants employed by the person from whom the powers, duties, interests, rights or liabilities are transferred;

(g)dissolving any body of constables maintained by any of the relevant authorities, and transferring—

(i)the members of that body to another such body or bodies (whether or not maintained by another or other of those authorities or by a body constituted by the scheme);

(ii)property, rights or liabilities vested for the purposes of the dissolved body in the authority by whom it was maintained to an authority by whom is or is to be maintained a body of constables to which any of the members of the dissolved body are transferred;

(h)preserving (with or without adjustment) [F3or otherwise securing] the rights, as respects pensions, gratuities or other like benefits, of persons transferred by the scheme and their spouses[F4, civil partners] and dependents and of persons who are determined in accordance with the scheme to be such as would have been transferred thereby had they been serving when it comes into operation and their spouses[F4, civil partners] and dependents;

(i)making such provision as appears to the Minister necessary of expedient for rendering of full effect any provision of the scheme having effect by virtue of any of the foregoing paragraphs and such other [F5supplementary, consequential or incidental] provision as appears to him necessary or expedient for any of the purposes of the scheme, including, but without prejudice to the generality of the foregoing words, provision for repealing or amending any statutory provision of local application affecting the group or any of the harbours comprised therein.

(3)Where a harbour reorganisation scheme provides for transferring interests in land, there must, in the case of each parcel of land interests in which are proposed to be transferred, be annexed to the scheme a [F6map of a scale not less than 1:2500] on which the boundaries of that parcel are plainly delineated.

[F7(4)The provisions of Schedule 4 to this Act shall have effect as follows with respect to the procedure for confirming and making harbour reorganisation schemes—

(a)Part I of that Schedule shall have effect with respect to the procedure for confirming schemes submitted to the Secretary of State;

(b)Part 1 of that Schedule shall, subject to the modifications specified in Part II thereof, have effect with respect to the procedure for the making of schemes by the Secretary of State of his own motion;

[F8and a harbour reorganisation scheme as confirmed or made by the Secretary of State shall be subject to special parliamentary procedure].]

(5)The Minister shall not confirm [F9or make] a harbour reorganisation scheme containing such provision as is authorised by subsection (2)(e) above unless it also includes provision for the payment of compensation in respect of the transfer of the interests in question.

(6)The Minister shall not confirm [F9or make] a harbour reorganisation scheme if any harbour comprised in the group to which the scheme relates is a fishery harbour or marine work.

(7)If at any time it appears to the Minister that any such provision of a harbour reorganisation scheme having effect by virtue of subsection (2)(h) above as adjusts the rights of a person operates or is likely to operate so as to put that person in a worse position than he would have been in had the provision not been included in the scheme, he may by order amend the scheme in such manner as appears to him to secure that that person is or will be in no such worse position.

Textual Amendments

F6Words in s. 18(3) substituted (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(1), Sch. 3 para.4; S.I. 1992/1347, art. 2, Sch. (subject as mentioned in art. 3)

F8Words in s. 18(4) repealed (S.) (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), s. 30(4), Sch. 3; S.S.I. 2007/516, art. 2

Modifications etc. (not altering text)

C3S. 18(2)(i) extended by Docks and Harbours Act 1966 (c. 28, SIF 58), ss. 42(4)(a), 43(3); explained by ibid; s. 45