Ports Act 1991

9 Schemes made by a relevant port authority. E+W+S

(1) Any relevant port authority may, with a view to securing the transfer under section 2 above of the property, rights, liabilities and functions of the authority to a company formed in pursuance of section 1 above, submit to the appropriate Minister a scheme prepared by the authority for the purposes of the proposed transfer.

(2) Together with any such scheme the authority submitting it shall submit to the appropriate Minister a copy of the [F1 articles] of the company.

The documents submitted under this subsection with any such scheme are referred to below in this section, in relation to the scheme, as the associated company documents.

(3) Where an authority have submitted such a scheme to the appropriate Minister, the authority shall—

(a) publish by Gazette and local advertisement the required notice relating to the scheme; and

(b) take such steps as are reasonably practicable to serve a copy of that notice on—

(i) every employee of the authority; and

(ii) every person who has power to appoint or nominate for appointment one or more members of the authority or who is required to be consulted in relation to any such appointment.

(4) The required notice relating to such a scheme is a notice—

(a) stating that the authority have submitted to the Minister a scheme prepared by the authority for the purposes of a proposed transfer under section 2 above to a company formed by the authority of the authority’s property, rights, liabilities and functions;

(b) naming a place where copies of the scheme and the associated company documents may be seen at all reasonable hours; and

(c) stating that any person who wishes to make representations to the Minister with respect to—

(i) the proposed transfer; or

(ii) any provisions of the scheme or of the associated company documents;

should do so in writing before the end of the period of forty-two days beginning with the date (specifying it) of the first local advertisement.

(5) Subsection (6) below only applies where—

(a) the requirements of subsections (3) and (4) above have been met in relation to a scheme submitted to the appropriate Minister under this section; and

(b) the period allowed for making representations to him with respect to the proposed transfer or any provisions of the scheme or of the associated company documents has expired.

(6) The Minister shall decide whether or not to confirm the scheme after considering any such representations duly made to him before the end of that period and not withdrawn; and if he decides to confirm the scheme—

(a) he may do so either without modifications or with such modifications as he thinks fit after consulting the authority who submitted the scheme; and

(b) he may first (if he thinks fit) give the authority a direction requiring them, before such date as may be specified in the direction, to secure that such alterations are made to the [F2 articles] of the company mentioned in subsection (1) above as may be specified in the direction.

(7) Confirmation of a scheme shall be given by an order made by the Minister; and a scheme so confirmed takes effect on the date on which the order confirming it comes into force or on such date as may be specified in that order.

Subordinate Legislation Made

P1 S. 9(7): s. 9(7) power exercised (18.12.1991) by S.I.1991/2908.

Textual Amendments

F1 Word in s. 9(2) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 124(4) (with art. 10)

F2 Word in s. 9(6)(b) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 124(4) (with art. 10)

Modifications etc. (not altering text)

C1 Pt. 1: transfer of functions in part (1.4.2018) by Wales Act 2017 (c. 4), ss. 29(2)(g), 71(4) (with Sch. 7 paras. 1, 6, 9); S.I. 2017/1179, reg. 3(g) (with transitional provisions and savings in S.I. 2018/278, reg. 2, Sch.)