The Sealink (Transfer of Heysham Harbour) Harbour Revision Order 1991

PART II TRANSFER OF SEALINK'S UNDERTAKING AT HEYSHAM HARBOUR

Designation of Company as harbour authority

3.  On the day of transfer the Company shall become the harbourauthority for the transferred harbour and Sealink shall cease to be theharbour authority for that harbour.

Transfer of functions, property etc.

4.—(1) On the day of transfer all property and rights vested in Sealink andheld by it for the purposes of the transferred harbour and allliabilities incurred by it for the purposes of the transferred harbourshall be transferred to and vested in the Company.

(2) Subject to the provisions of this Order, on the day of transfer thepowers and duties conferred or imposed on Sealink by any statutoryprovision of local application applied in relation to it by the Schemedated 27th October 1981 made by Sealink U.K. Limited pursuant to section2 of the Transport Act 1981(1) and approved by the Secretary of State withmodifications on 5th July 1982 read with Schedule 4 to the Transport Act(2) as applied by the said section 2 (subject to any subsequentrepeal or amendment of any such statutory provision), or by anyenactment subsequent to that Scheme, for the purpose of, or inconnection with, the improvement, maintenance or management of thetransferred harbour shall be transferred to the Company and accordinglyas from that day any such statutory provision of local applicationshall, so far as it relates to the transferred harbour and with anynecessary modifications, apply in relation to the Company as if forreferences to Sealink there were substituted (unless the contextotherwise requires) references to the Company.

Saving of byelaws etc.

5.  As from the day of transfer any byelaw, regulation, licence orconsent made, issued or granted by Sealink in relation to thetransferred harbour and in force immediately before that day shallnotwithstanding the making of this Order continue in force and shall bedeemed to have been made, issued or granted by the Company.

Saving of agreements etc.

6.  All sales, conveyances, leases, grants, assurances, deeds,contracts, bonds, agreements, notices and demands affecting theundertaking of Sealink at the transferred harbour and in forceimmediately before the day of transfer (other than any lease or deed theparties to which include both Sealink and the Company) shall (in so faras they relate to that undertaking) on and from that day be as bindingand of as full force and effect in every respect and may be enforced asfully and effectively against or in favour of the Company as if (exceptin any case where the Company as agent for Sealink is already a partythereto, or bound thereby or entitled to the benefit thereof) theCompany instead of Sealink had been a party thereto or bound thereby orentitled to the benefit thereof.

Continuance of proceedings

7.  Nothing in this Order shall release, discharge or suspend anyaction, arbitration or other proceeding, or any cause of action,arbitration or other proceeding, pending or existing immediately beforethe day of transfer by or in favour of or against Sealink or by or infavour of or against the Company as agent for Sealink, in relation toSealink’s undertaking at the transferred harbour and any such action,arbitration or proceeding or cause of action, arbitration or proceeding(other than an action, arbitration or proceeding which is or may be anissue between Sealink and the Company or Sea Containers Ltd.) may bemaintained, prosecuted or continued by or in favour of or against theCompany and may be amended in such manner as may be necessary for thatpurpose.

Charges

8.—(1) On and after the day of transfer the Company shall in the exerciseof statutory powers and duties at the transferred harbour, have power tomake such reasonable charges for its services and facilities as itthinks fit.

(2) This article does not apply in relation to—

(a) ship, passenger and goods dues; or

(b) charges ascribable to the running of a ferry service in or from aharbour;

and does not authorise the making of any charge in a case where anenactment relating to the transferred harbour expressly provides forfreedom from charges or otherwise prohibits the making of any charge.

(3) The provisions of sections 27 to 48 of the Harbours, Docks and PiersClauses Act 1847(3) (which provide for various matters connected withliabilities for and collection of the rates to be taken by undertakers)as incorporated with or applied by any enactment relating to thetransferred harbour apply to charges under this article as if they wererates payable under that enactment.

(1)

1981 c. 56.

(2)

1968 c. 73.

(3)

1847 c. 27.