The Mersey Docks and Harbour Revision Order 2009

Citation and commencement

1.—(1) This Order may be cited as the Mersey Docks and Harbour Revision Order 2009 and comes into force on 30th September 2009.

(2) Subject to the repeals referred to in article 8, the Mersey Docks and Harbour Acts and Orders 1857 to 2007 and this Order may be cited together as the Mersey Docks and Harbour Acts and Orders 1857 to 2009.

Interpretation

2.  In this Order—

“the Company” means the Mersey Docks and Harbour Company, including that company under any name to which its name may be changed;

“the directors” means the directors of the Company;

“the docks” means the docks, jetties and other facilities for the berthing of vessels and the loading and unloading of goods on and from vessels, for the time being belonging to the Company; and

“the port” means the port of Liverpool as defined in the Mersey Docks and Harbour Act 1971(1) (including all land within the ring ownership boundary as defined in section 11 of the Mersey Docks and Harbour Board Act 1971(2)), and references to “the port” include references to any other harbour on or adjoining the River Mersey owned or managed by the Company or any of its subsidiaries.

Application of the Companies Act 1985

3.  The Company may register as a private company limited by shares under Chapter II of Part XXII of the Companies Act 1985(3), which shall have effect in relation to the Company even if the Company would not be treated as a joint stock company for the purposes of that Chapter apart from this paragraph.

4.  Any registration of the Company under the Companies Act 1985 shall not derogate from the obligations (whether express or implied) of the Company under the Harbours Act 1964(4) and the Mersey Docks and Harbour Acts and Orders 1857 to 1992 to take such action as it considers necessary or desirable for or incidental to—

(a) the maintenance, operation and improvement of the docks, and

(b) the conservancy of the port (other than the docks) and the approaches to it.

5.  Upon any registration of the Company under the Companies Act 1985 becoming effective, the Companies Clauses Consolidation Act 1845(5) and the Companies Clauses Consolidation Act 1888(6) shall not apply to the Company.

Company’s powers

6.  Upon the registration of the Company under the Companies Act 1985 becoming effective, and without prejudice to and in addition to the existing powers of the Company, the Company shall have the powers specified in Schedule 1.

7.  Upon the registration of the Company under the Companies Act 1985 becoming effective, and despite anything contained in any enactment or other instrument constituting or regulating the Company, the Company may adopt articles of association and may from time to time amend or adopt substituted articles of association, provided that nothing in such articles is repugnant to or inconsistent with the provisions of the Mersey Docks and Harbour Acts and Orders 1857 to 1992 or any other enactment or legislation applying to the Company by virtue of it being a harbour authority.

Repeals

8.  Upon any registration of the Company under the Companies Act 1985 becoming effective, the enactments specified in Schedule 2 shall be repealed to the extent specified in the third column of that Schedule.

Signed by authority of the Secretary of State for Transport

R C Bennett

Head of Ports Division

22nd September 2009

Department for Transport