The Newlyn Pier and Harbour Revision Order 1987

Incorporation of provisions of the Act of 1847

3.  The provisions of the Act of 1847 (except sections 6 to 13, 16 to 19, 25 to 27, 30 to 32, 48, 49, 50, 66, 67, 79 to 82, 84 to 90, 94, 95, 97, 98 and 101) are hereby incorporated with this Order, except as expressly varied thereby and in construing those provisions:

(a) the expression “the special Act” shall mean this Order and the expressions “the promoters of the undertaking” and “the undertakers” shall mean the Commissioners;

(b) the meaning of the word “vessel” as defined in this Order shall be substituted for the meaning assigned to that word by section 3 of the Act of 1847;

(c) section 15 of the Act of 1847 as incorporated with this Order shall have effect as if the words from “shall forfeit” to the end of the section were deleted and there were substituted therefor the words “without reasonable excuse shall be guilty of an offence and liable on summary conviction to a fine not exceeding one hundred pounds”;

(d) section 20 of the Act of 1847 as incorporated with this Order shall have effect as if the words “in addition to the lands authorised to be compulsorily taken by them under the powers of the special Act” were deleted and as if the words “may take or lease any lands” were inserted after the words “purchase of any lands”;

(e) section 23 of the Act of 1847 shall be read and have effect as if the words after “the same” were omitted;

(f) section 52 of the Act of 1847 in its application to the Authority and the harbour master shall extend to empower the harbour master to give directions prohibiting the mooring of vessels in any particular part or parts of the harbour;

(g) section 53 of the Act of 1847 shall not be construed to require the harbour master to serve a notice in writing of his directions upon the master of a vessel but such directions may be given orally or otherwise communicated to such master;

(h) section 63 of the Act of 1847 shall be read and have effect as if for the words from “penalty” to the end of the section there were substituted the words “penalty not exceeding four hundred pounds”.