Harbours Act 1964

35 Application of sections 31, 32 and 34 to local light dues

Sections 31, 32 and 34 of this Act shall have effect for the purpose of securing to persons the like right of objection to charges exigible by virtue of section 29 of this Act, attended by the like consequences, as is secured to persons in relation to ship, passenger and goods dues and of securing that charges so exigible shall be subject to revision in like manner as such dues are subject to revision (and with the like consequences), subject to the following modifications:—

(a) section 31(1) shall be omitted ;

(b) in section 31(2), for the words from "a charge" to " maintaining or managing " (both inclusive) there shall be substituted the words " a charge imposed under section 29 of this Act by a local lighthouse authority ", and the words " passengers or goods" (in both places where they occur) shall be omitted;

(c) in section 31(6)(b), the reference to subsection (2) shall be construed as referring to that subsection as modified by the last foregoing paragraph;

(d) in section 31(8) for the reference to a harbour authority there shall be substituted a reference to a local lighthouse authority;

(e) in section 31(9), for the reference to the harbour authority concerned there shall be substituted a reference to the local lighthouse authority concerned;

(f) in section 31(10), for the words "a charge imposed at a harbour " there shall be substituted the words " a charge imposed by a local lighthouse authority who are not a harbour authority ";

(g) section 31(13) shall be omitted ;

(h) in section 32(1), for the words from the beginning to " all or any of them " (inclusive), there shall be substituted the words " Where the Council are satisfied that all or any of the charges imposed under section 29 of this Act by a local lighthouse authority ";

(i) in section 32(2), for the references to the authority engaged in improving, maintaining or managing the the harbour to which the scheme relates and to the harbour office there shall be substituted references respectively to the local lighthouse authority concerned and their office;

(j) in section 32(3), for references to the harbour to which the scheme relates and to the harbour office, there shall be substituted references respectively to the local lighthouse authority to which the scheme relates and their office;

(k) in section 32(4) and (5), for the references to the harbour authority concerned there shall be substituted references to the local lighthouse authority concerned ;

(l) for section 32(8) there shall be substituted the following subsection:—

“(8) Charges fixed by a scheme under this section in the case of a local lighthouse authority who are not a harbour authority shall be deemed to have been imposed under section 29 of this Act, and during the close period in relation to the scheme—

(a) that authority shall not demand or take, in respect of a matter or thing in respect of which a charge is fixed by the scheme, a charge other than that so fixed;

(b) subsections (3) to (6) of the last foregoing section shall not, in the case of a charge so fixed, have effect by virtue of the lodging of an objection thereto”;

(m) in section 32(9) and (10), for the references to a harbour authority and to subsection (8)(i) there shall be substituted respectively references to a local lighthouse authority who are not a harbour authority and to subsection (8)(a).

(n) in section 34(1) and (2), for the words " charges imposed at a harbour by a harbour authority " there shall be substituted the words " charges imposed under section 29 of this Act by a local lighthouse authority ", and for the words " a charge imposed at that harbour by that harbour authority " there shall be substituted the words " a charge so imposed by that authority "; and

(o) section 34(8) shall be omitted.