Ministry of Transport Act 1919

4 Saving for statutory harbour, dock and pier authorities

Except where any harbour, clock, or pier forms part of a railway undertaking, nothing in section three of this Act shall apply to any harbour, dock, or pier undertaking established by Act of Parliament, including the Manchester Ship Canal, or to the owners of any such undertaking, without the consent of such owners, but, if at any time during the two years after the passing of this Act, the Minister shall consider that it is desirable in the national interest that the transport facilities and accommodation at the harbour, or at any dock or pier of the owners, should be improved or extended, or that the method of working should be altered, the Minister may by order, for the purposes aforesaid, require the owners to execute or do, within a reasonable time, such improvement or extension or alteration in the method of working as the order may prescribe, and may, for that purpose by order, confer on the owners any such powers of acquiring land or easements or constructing works as are mentioned in paragraph (d) of subsection (1) of that section : and the provisions of this Act relating to orders made under that paragraph shall apply to orders conferring such powers as aforesaid :

Provided that, if the owners of such undertaking consider that any such requirements are likely to be seriously injurious to the undertaking, or to the trade of the port, they may, within thirty days of receiving notice of such requirements from the Minister, appeal, in the case of an undertaking situate in England or Wales, to the Lord Chief Justice of England, or, in the case of an undertaking situate in Scotland, to the Lord President of the Court of Session, or, in the case of an undertaking situate in Ireland, to the Lord Chief Justice of Ireland, and, if it appears to such Lord Chief Justice or Lord President that a prima facie case is made out that the requirements of the Minister would be so injurious as aforesaid, he shall forthwith appoint an arbitrator to hold an immediate inquiry, and, if the arbitrator reports that the carrying out of the requirements of the Minister will be so injurious as aforesaid, the Minister shall revoke his requirements, without prejudice to the power of the Minister to issue a new order.