Harbours, Piers and Ferries (Scotland) Act 1937

10 Application of 10 & 11 Vict. c. 27, &c. S

(1) The M1 Harbours, Docks, and Piers Clauses Act 1847, with the exception of sections six to thirteen, sixteen to nineteen, thirty, forty-seven, forty-nine, fifty, eighty-four, and eighty-five, shall, except in so far as the [F1 Secretary of State for Scotland] may direct, apply to any marine work to which this Part of this Act applies in like manner as if the marine work had been constructed in pursuance of an Act incorporating those provisions, and for the purposes of the said provisions this Part of this Act shall be deemed to be the special Act and the authority in whom the marine work is vested shall be deemed to be the undertakers.

(2) Any reference to a vessel in the provisions of the M2 Harbours, Docks, and Piers Clauses Act 1847, as applied by the foregoing subsection, shall be deemed to include a reference to a seaplane when on the surface of the water, and in section twenty-eight of the said Act any reference to a vessel shall also include a floating dock and a vessel of exceptional construction or method of propulsion:

Provided that—

(i)

nothing in any of the aforesaid provisions shall, except in the case of a seaplane disabled by an accident, authorise a harbour master to require the dismantling of a seaplane or any part thereof or the making of any alterations whatever of the structure or equipment of a seaplane; and

(ii)

nothing in any of the aforesaid provisions or in any bye-law made in pursuance thereof shall prejudice any regulations for the investigation of accidents made under [F2 section ten of the M3 Civil Aviation Act 1949], as amended by any subsequent enactment.

(3) Where the proceeds of the sale of any wreck in pursuance of section fifty-six of the M4 Harbours, Docks, and Piers Clauses Act 1847, as applied by subsection (1) of this section shall not be sufficient to meet the expenses reasonably incurred in removing such wreck, the deficiency shall be recoverable from the person who was the registered owner of the vessel at the time it was wrecked.

(4) A harbour authority in whom any marine work to which this Part of this Act applies is vested shall every year within six months after the first day of January cause accounts to be prepared, in such form as may be prescribed by the [F1 Secretary of State for Scotland], of the total revenue and expenditure in respect of the work for the year ending the preceding thirty-first day of December and such accounts shall be duly audited by such person as may be appointed for the purpose by the [F1 Secretary of State for Scotland] and certified by the clerk or secretary of the authority, and a copy thereof shall be transmitted forthwith to the sheriff clerk of the county within which the marine work of the largest part thereof is situate, to the [F3 Secretary of State for Transport] and, if so required by the [F1 Secretary of State for Scotland] to [F1 him]. In the case of any harbour authority whose financial year begins on a day other than the first day of January, the foregoing provisions of this subsection shall have effect with the substitution of that other day for the first day of January, and of the day immediately preceding that other day for the thirty-first day of December.

(5) A local authority in whom a marine work to which this Part of this Act applies is vested shall, as soon as may be after receiving from the auditor, in pursuance of the [F4 section 101 of the M5 Local Government (Scotland) Act 1973], the certified duplicate abstract of accounts, cause a copy thereof, so far as relating to the marine work, to be sent to the [F3 Secretary of State for Transport] . . . F5

Textual Amendments

F1 Words substituted by virtue of S.I. 1970/1537, art. 6 Sch. 2 para. 2

F2 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2)(a)

F3 Words substituted by virtue of S.I. 1970/1681, art. 2(1), Sch. 1(a); 1976/1775, art. 2(1), Sch. 1; 1979/571, arts. 2(1), 3(5) and 1981/238, arts. 2(1)(a), 3(4)

F4 Words substituted by virtue of Local Government (Scotland) Act 1973 (c. 65), s. 237(2)

F5 Words repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

Modifications etc. (not altering text)

C1 S. 10 excluded by Highland Regional Council (Harbours) Order Confirmation Act 1991 (c. xii), s. 1, Sch., s.58

S. 10 excluded (1.12.1993) by S.I. 1993/2908, art.34

C2 S. 10 excluded (4.3.2021) by The Eyemouth Harbour Revision Order 2021 (S.S.I. 2021/118), arts. 1(1), 3(2) (with arts. 36, 37)

Marginal Citations

M1 1847 c. 27.

M2 1847 c. 27.

M3 1949 c. 67.

M4 1847 c. 27,

M5 1973 c. 65.