Ports Act 1991

1. Introductory Text

2. Part I Transfer of Statutory Port Undertakings

   1. Transfer of Port Undertakings

      1. 1. Formation of companies for purposes of transfer of certain statutory port undertakings.

      2. 2. Transfer of undertakings.

   2. Disposal of ownership of the successor company

      1. 3. Initial issue of securities of the successor company.

      2. 4. Disposal by the authority of their holding in the successor company.

      3. 5. Control by appropriate Minister over exercise of authority’s functions under sections 3 and 4.

      4. 6. Supplementary provisions as to authority’s functions.

      5. 7. Dissolution of the authority.

      6. 8. Treatment of net proceeds of disposal of ownership.

   3. Procedure for schemes

      1. 9. Schemes made by a relevant port authority.

      2. 10. Schemes initiated by the Secretary of State.

      3. 11. The annual turnover requirement for the purposes of section 10.

      4. 12. Schemes made by the Secretary of State.

   4. Levy on initial disposals of securities of successor companies

      1. 13. Levy on initial disposals of securities of successor companies.

      2. 14. Payment of levy.

      3. 15. Information for purposes of levy.

      4. 15A. Notice of assessment: supplementary provisions.

      5. 16. Supplementary and consequential provisions relating to levy.

   5. Levy on disposals of land, etc.

      1. 17. Levy on disposals of land, etc.

      2. 18. Supplementary and consequential provisions relating to levy under section 17.

   6. Supplementary

      1. 19. Financial assistance for proposals to maximise employee participation in equity of successor companies.

      2. 20. Interpretation of Part I.

3. PART II Disposal by Port of London Authority of the Port of Tilbury

   1. Disposal of the Port of Tilbury

      1. 21. Power of Port of London Authority to form a company to operate the port of Tilbury.

      2. 22. Transfer to the company of relevant property, etc., of the Port Authority.

      3. 23. Supplementary provisions relating to the transfer under section 22.

      4. 24. The required provision for the protection of pension rights.

      5. 25. Special provision with respect to works licences.

      6. 26. Powers of disposal in relation to the company.

      7. 27. Power of Secretary of State to require exercise of Port Authority’s powers under sections 21 and 22.

   2. Supplementary

      1. 28. Financial assistance for proposal to maximise employee participation in equity of the company.

      2. 29. Rateable values of relevant hereditaments during transitional period.

      3. 30. Interpretation of Part II.

4. Part III Miscellaneous and Supplementary

   1. Lighthouses

      1. 31. Responsibility for local lighthouses.

      2. 32. General transfer of local lighthouses from general lighthouse authorities to harbour authorities.

      3. 33. Individual transfers of local lighthouses.

      4. 34. Provisions supplementary to sections 31 to 33.

   2. Supplementary

      1. 35. Corporation tax and taxation of company distributions.

      2. 36. Stamp duty.

      3. 36A. Stamp duty land tax

      4. 37. Orders and regulations.

      5. 38. Directions.

      6. 39. Expenses.

      7. 40. General interpretation.

      8. 41. Northern Ireland.

      9. 42. Short title, commencement and extent.

5. SCHEDULES

   1. SCHEDULE 1

      Supplementary Provisions with respect to Transfers under section 2

      1. Part I Supplementary Provisions of General Application

         1. Construction of agreements, statutory provisions and documents

            1. 1. (1) Where any transferred rights or liabilities are rights or...

            2. 2. (1) Paragraph 1 above (except sub-paragraph (1)(a)) shall apply in...

            3. 3. (1) The transferee and any other person shall, as from...

            4. 4. Paragraphs 1 to 3 above have effect for the interpretation...

         2. Transfer of rights and liabilities relating to employment

            1. 5. For the purposes of the Transfer of Undertakings (Protection of...

         3. Interpretation of Part I

            1. 6. In this Part of this Schedule— “the transfer date” means...

      2. Part II Supplementary Provisions which may be included in Schemes

         1. Description of provisions

            1. 7. Provision altering the constitution of the authority.

            2. 8. Provision imposing obligations on the authority with respect to—

            3. 9. (1) Provision that— (a) for the purposes of any statutory...

            4. 10. (1) Provision requiring the successor company either—

            5. 11. (1) Provision for applying sections 836 to 840 of the...

            6. 12. Such supplementary, incidental or consequential provision as appears to the...

         2. Interpretation of Part II

            1. 13. References in this Part of this Schedule to the statutory...

            2. 14. References in this Part of this Schedule to the last...

   2. SCHEDULE 2

      General Supplementary Provisions with respect to Transfer under section 22

      1. Division and apportionment of property etc.

         1. 1. (1) This paragraph applies where the transfer is or includes...

      2. Identification of property, rights and liabilities

         1. 2. (1) It shall be the duty of the Port Authority...

         2. 3. (1) If the Port Authority or the company represents to...

      3. Right to production of documents of title

         1. 4. Where on the transfer the Port Authority are entitled to...

      4. Proof of title by certificate

         1. 5. (1) The Port Authority and the company may issue a...

      5. Construction of agreements, statutory provisions and documents

         1. 6. (1) Where any transferred rights or liabilities are rights or...

         2. 7. (1) Paragraph 6 above (except sub-paragraph (1)(a)) shall apply in...

         3. 8. (1) The company and any other person shall, as from...

         4. 9. Paragraphs 6 to 8 above have effect for the interpretation...

      6. Transfer of rights and liabilities relating to employment

         1. 10. (1) For the purposes of the Transfer of Undertakings (Protection...

      7. Third parties affected by vesting provisions

         1. 11. (1) Without prejudice to the generality of paragraphs 6 to...

      8. Interpretation

         1. 12. In this Schedule— (a) “transfer date” means the date on...