S. 9 repealed by Ports (Finance) Act 1985 (c. 30, SIF 58), s. 6(1)(2), Sch.
S. 10 repealed by Ports (Finance) Act 1985 (c. 30, SIF 58), s. 6(2), Sch.
Words repealed by Transport Act 1981 (c. 56, SIF 58), Sch. 12 Pt. II
Words substituted by National Loans Act 1968 (c. 13, SIF 99:3), Sch. 1
S. 13(1) repealed by Harbours (Amendment) Act 1970 (c. 53), s. 1(2)
Words repealed, except in relation to any loans made before 1.4.1968, by National Loans Act 1968 (c. 13,SIF 99:3), Sch. 6 Pt. II
S. 13(2)(b) repealed, except in relation to any loans made before 1.4.1968, by National Loans Act 1968 (c. 13, SIF 99:3), Sch. 6 Pt. II
Words in s. 14(2)(b) added (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(1), Sch. 3 para. 1(2); S.I. 1992/1347, art. 2,Sch. (subject as mentioned in art. 3)
S. 14(2A) inserted by Transport Act 1981 (c. 56, SIF 58), Sch. 6 para. 2
S. 14(2B) inserted (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(1), Sch. 3 para. 1(3); S.I. 1992/1347, art. 2,Sch. (subject as mentioned in art. 3)
Words in s. 14(3) substituted (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(1), Sch. 3 para. 1(4)(a); S.I. 1992/1347, art. 2,Sch. (subject as mentioned in art. 3)
Words substituted by Transport Act 1981 (c. 56, SIF 58), Sch. 6 para. 3.
Words in s. 14(3) inserted (15.7.1992) by Transport and Works 1992 (c. 42), s. 63(1), Sch. 3 para. 1(4)(b); S.I. 1992/1347, art. 2,Sch. (subject as mentioned in art. 3)
Words in s. 14(3) expressed to be substituted (15.7.1992) for the words 'repealing and amending' by Transport and Works Act 1992 (c. 42), s. 63(1), Sch. 3 para. 1(4)(c); S.I. 1992/1347, art. 2,Sch. (subject as mentioned in art. 3)
Words substituted by Transport Act 1981 (c. 56, SIF 58), Sch. 6 para. 14(2)
Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G (as inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s.54)
Words substituted by Transport Act 1981 (c. 56, SIF 58), Sch. 6 para. 14(3)
S. 14(4A) inserted (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(1), Sch. 3 para. 1(5); S.I. 1992/1347, art. 2,Sch. (subject as mentioned in art. 3)
Words in s. 14(5) substituted (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(1), Sch. 3 para. 1(6); S.I. 1992/1347, art. 2,Sch. (subject as mentioned in art. 3)
S. 14(5A) inserted (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(1), Sch. 3 para. 1(7); S.I. 1992/1347, art. 2,Sch. (subject as mentioned in art. 3)
Words in s. 14(5A) substituted (E.W.) (2.5.2006 for E., 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), reg. 1(2)(4), Sch. Pt. I (see S.I. 2006/1172, art. 2(a)-(d) (with art. 3) and S.I. 2006/1279,
S. 14(6) repealed by Transport Act 1981 (c. 56, SIF 58), Sch. 6 para. 4(1)(8), Sch. 12 Pt. II except as to a harbour revision or empowerment order in relation to which the notices required by para. 3(a) or 7(a) of Sch. 3 to this Act have been published before 1.10.1981
Words repealed by Transport Act 1981 (c. 56, SIF 58), Sch. 12 Pt. II
S. 15(2) repealed by Transport Act 1981 (c. 56, SIF 58), Sch. 12 Pt. II
S. 15A inserted by Transport Act 1981 (c. 56, SIF 58), Sch. 6 para. 5(1)
Words in s. 16(5) added (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(1), Sch. 3 para. 2(2); S.I. 1992/1347, art. 2,Sch. (subject as mentioned in art. 3)
Words substituted by Transport Act 1981 (c. 56, SIF 58), Sch. 6 para. 3
Words in s. 16(6) inserted (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(1), Sch. 3 para. 2(3); S.I. 1992/1347, art. 2,Sch. (subject as mentioned in art. 3)
Words substituted by Transport Act 1981 (c. 56, SIF 58), Sch. 6 para. 14(2)
Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G (as inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s.54)
Words substituted by Transport Act 1981 (c. 56, SIF 58), Sch. 6 para. 14(3)
Words in s. 16(7) substituted (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(1), Sch. 3 para. 2(4); S.I. 1992/1347, art. 2,Sch. (subject as mentioned in art. 3)
S. 16(7A) inserted (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(1), Sch. 3 para. 2(5); S.I. 1992/1347, art. 2, Sch. (subject as mentioned in art. 3)
Words in s. 16(7A) substituted (E.W.) (2.5.2006 for E., 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), reg. 1(2)(4), Sch. Pt. I (see S.I. 2006/1172, art. 2(a)-(d) (with art. 3) and S.I. 2006/1279,
S. 16(8) repealed by Transport Act 1981 (c. 56, SIF 58), Sch. 6 para. 4(1)(8), Sch. 12 Pt. II except as to a harbour revision or empowerment order in relation to which the notices required by para. 3(a) or 7(a) of Sch. 3 to this Act have been published before 1.10.1981
Words substituted by Transport Act 1981 (c. 56, SIF 58), Sch. 5 para. 14(2)
S. 17(1)(c)—(f) repealed by Transport Act 1981 (c. 56, SIF 58), Sch. 12 Pt. II
Words in s. 17(1) substituted (1.2.2000) by S.I. 1999/3445, reg. 15(1)(a)
S. 17(1)(h)(i) repealed by Transport Act 1981 (c. 56, SIF 58), Sch. 12 Pt. II
Words inserted by Transport Act 1981 (c. 56, SIF 58), Sch. 5 para. 14(1)(3)
Words in S. 17(1) omitted (1.2.2000) by S.I. 1999/3445, reg. 15(1)(b)
S. 17(2A)(2B) inserted (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(1), Sch. 3 para. 3; S.I. 1992/1347, art. 2, Sch. (subject as mentioned in art. 3)
Words in s. 17(2A)(2B) substituted (E.W.) (2.5.2006 for E., 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), reg. 1(2)(4), Sch. Pt. I (see S.I. 2006/1172, art. 2(a)-(d) (with art. 3) and S.I. 2006/1279,
S. 17(2C) added (1.2.2000) by S.I. 1999/3445, reg. 15(2)
S. 17(3)(4) repealed (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 68(1), Sch. 4 Pt. II; S.I. 1992/1347, art. 2, Sch. (subject as mentioned in art. 3)
Words repealed by Transport Act 1981 (c. 56, SIF 58), Sch. 12 Pt. II
S. 18(1A) inserted by Transport Act 1981 (c. 56, SIF 58), Sch. 6 para. 6(1)
Words inserted by Docks and Harbours Act 1966 (c. 28, SIF 58), s. 43(1)
Words substituted by Transport Act 1981 (c. 56, SIF 58), Sch. 6 para. 3
Words in s. 18(3) substituted (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(1), Sch. 3 para.4; S.I. 1992/1347, art. 2, Sch. (subject as mentioned in art. 3)
S. 18(4) substituted by Transport Act 1981 (c. 56, SIF 58), Sch. 6 para. 6(2)
Words in s. 18(4) repealed (S.) (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), s. 30(4), Sch. 3; S.S.I. 2007/516, art. 2
Words inserted by Transport Act 1981 (c. 56, SIF 58), Sch. 6 para. 6(3)
Words substituted by virtue of Interpretation Act 1978 (c. 30, SIF 115:1), s. 17(2)(a)
Words in s. 27(2)(c) substituted (E.W.) (1.12.1991) for the words "section 28 of the Salmon and Freshwater Fisheries Act 1975 by virtue of paragraph 1(a) of Schedule 3 to that Act" by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF:130), ss. 2(1), 4(2) Sch. 1 para. 13(2)(a)
Words substituted by virtue of Interpretation Act 1978 (c. 30, SIF:1), s. 17(2)(a)
Words in s. 27(2)(e) substituted (E.W.) (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF:130), ss. 2(1), 4(2), Sch. 1 para. 13(2)(b)
S. 27A inserted by Transport Act 1981 (c. 56, SIF 58), Sch. 6 para. 8(1)
Words repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI
Words repealed by Docks and Harbours Act 1966 (c. 28, SIF 58), s. 46(2)(4)(a)
S. 29(2)(3) repealed (1.1.1996) by 1995 c.21, ss. 314(1), 316(2), Sch. 12 (with s. 312(1), Sch. 14 para. 1)
S. 30(1)(b) substituted by Transport Act 1968 (c. 73, SIF 126), Sch. 16 para. 8(1)
Words repealed by Transport Act 1981 (c. 56, SIF 58), Sch. 12 Pt. I
Words in s. 30(1)(b) repealed (1.2.2001) by 2000 c. 38, s. 274, Sch. 31 Pt. IV; S.I. 2001/57, art. 3, Sch. 2 Pt. I
Words substituted by virtue of Decimal Currency Act 1969 (c. 19, SIF 10), s. 10(1)
S.30(2), and words in s.30(3) repealed (1.1.1996) by 1995 c.21, ss.314(1), 316(2), Sch. 12 (with s. 312(1), Sch. 14 para. 1)
Words repealed by Transport Act 1968 (c. 73, SIF 126), Sch. 18 Pt. III
Words substituted by Transport Act 1981 (c. 56, SIF 58), 10(1)(3)
Words inserted by S.I. 1978/272, art. 6, Sch. 5 para. 11
S. 30(5)(6) inserted by Transport Act 1981 (c. 56, SIF 58), Sch. 6 para. 8(2)
Words inserted by Transport Act 1981 (c. 56, SIF 58), Sch. 5 para. 10(3), Sch. 6 para. 8(3)
Words repealed by Transport Act 1981 (c. 56, SIF 58), Sch. 5 para. 10(3), Sch. 12 Pt. II
Words substituted by Transport Act 1981 (c. 56, SIF 58), Sch. 5 para. 10(2)(a)(3)
Words substituted by virtue of Transport Act 1981 (c. 56, SIF 58), Sch. 5 para. 10(3), Sch. 6 para. 13(2)(4) and (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G (as inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 54)
Words substituted by Fisheries Act 1981 (c. 29, SIF 52:1), Sch. 3 para. 8(1)(a)(2)(4)
Ss. 32–34 repealed by Transport Act 1981 (c. 56), Sch. 12 Pt. II (both as originally enacted and as applied by any enactment)
S.35 repealed (1.1.1996) by 1995 c. 21, ss.314(1), 316(2), Sch. 12 (with s. 312(1), Sch. 14 para. 1)
Words repealed by Transport Act 1981 (c. 56, SIF 58), Sch. 12 Pt. II
Words substituted by Transport Act 1968 (c. 73, SIF 126), Sch. 16 para. 8(1)
Words repealed by Transport Act 1981 (c. 56, SIF 58), Sch. 12 Pt. I
Words in s. 36(a) repealed (1.2.2001) by 2000 c. 38, s. 274, Sch. 31 Pt. IV; S.I. 2001/57, art. 3, Sch. 2 Pt. I
Words in s. 36(c) inserted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. 1 para. 34
Words substituted by Civil Aviation Act 1982 (c. 16, SIF 9), Sch. 15 para. 4
Words repealed by Transport Act 1981 (c. 56, SIF 58), Sch. 12 Pt. II
S. 38(1)(a) repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI
Words repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI
S. 38(3) repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI
Words in s. 39(4) substituted (3.12.2001) by S.I. 2001/3503, art. 5, Sch. para. 2
S. 39(5) repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI
Words substituted by Transport Act 1981 (c. 56, SIF 58), Sch. 5 para. 11
Words repealed by Docks and Harbours Act 1966 (c. 28, SIF 58), s. 48
S. 41(2) repealed by Transport Act 1981 (c. 56, SIF 58), Sch. 12 Pt. II
Words substituted by virtue of Transport Act 1981 (c. 56, SIF 58), Sch. 6 para. 13(3)(4) and (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G (as inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 54)
S. 42 substituted by Transport Act 1981 (c. 56, SIF 58), Sch. 6 para. 10
S. 42(2) substituted by Companies Act 1989 (c. 40, SIF 27), s. 23, Sch. 10 para. 26(2) (subject to savings in S.I. 1990/355, art. 8, Sch. 3 para. 1)
Words in s. 42(6) omitted (6.4.2008) by virtue of The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 39(a) (with arts. 6, 11, 12)
Words in s. 42(6) inserted (1.10.2007) by The Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/2194), art. 1(3)(a), Sch. 4 para. 28 (with art. 12)
Words substituted by Companies Consolidation (Consequential Provisions) Act 1985 (c. 9, SIF 27), s. 30, Sch. 2
Words substituted by Companies Act 1989 (c. 40, SIF 27), s. 23, Sch. 10 para. 26(3)(a), (subject to savings in S.I. 1990/355, art. 8, Sch. 3 para. 1)
Words repealed (subject to savings in S.I. 1990/355, arts. 5, 8, Sch. 3 para. 1) by Companies Act 1989 (c. 40, SIF 27), ss. 23, 212, Sch. 10 para. 26(3)(b), Sch. 24
Words in s. 42(7)(a) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 39(b) (with arts. 6, 11, 12)
Definitions substituted by Companies Act 1989 (c. 40, SIF 27), s. 23, Sch. 10 para. 26(4) (subject to savings in S.I. 1990/355, art. 8, Sch. 3, para. 1)
Words in s. 42(9) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 39(c) (with arts. 6, 11, 12)
Words repealed by Transport Act 1981 (c. 56, SIF 58), Sch. 12 Pt. II
Words substituted by National Loans Act 1968 (c. 13, SIF 99:3), Sch. 1
S. 43(3) repealed by National Loans Act 1968 (c. 13, SIF 99:3), Sch. 6 Pt. I but not so as to affect any money borrowed before 1.4.1968, or any requirement as respects any account or statement for the year ending on 31.3.1968 or any earlier year
Words repealed by National Loans Act 1968 (c. 13, SIF 99:3), Sch. 6 Pt. I but not so as to affect any money borrowed before 1.4.1968 or any requirement as respects any account statement for the year ending on 31.3.1968 or any earlier year
S. 44 substituted by virtue of Docks and Harbours Act 1966 (c. 28, SIF 58), s. 44, Sch. 2
Words in s. 44(1) repealed (S.) (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), s. 30(4), Sch. 3; S.S.I. 2007/516, art. 2
Words inserted by Transport Act 1981 (c. 56, SIF 58), Sch. 6 para. 5(2)(a)
Words repealed by Transport Act 1981 (c. 56, SIF 58), Sch. 12 Pt. II
S. 44(2) repealed by Transport Act 1981 (c. 56, SIF 58), Sch. 12 Pt. II
Words inserted by Transport Act 1981 (c. 56, SIF 58), Sch. 6 para. 5(2)(b)
Words inserted by Transport Act 1981 (c. 56, SIF 58), Sch. 6 para. 6(4)
S. 44(6)-(8) added (S.) (14.5.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(2), 30(3) (with s. 30(5))
Words repealed by Ports (Finance) Act 1985 (c. 30, SIF 58), s. 6(2), Sch.
Words repealed by Transport Act 1981 (c. 56, SIF 58), Sch. 12 Pt. II
Word repealed by Ports (Finance) Act 1985 (c. 30, SIF 58), s. 6(2), Sch.
S. 45(b) repealed by Ports (Finance) Act 1985 (c. 30, SIF 58), s. 6(2), Sch.
Words substituted by Transport Act 1981 (c. 56, SIF 58), Sch. 6 para. 15
Words repealed by Transport Act 1981 (c. 56, SIF 58), Sch. 12 Pt. II
Words repealed by Ports (Finance) Act 1985 (c. 30, SIF 58), s. 6(2), Sch.
Words substituted by Transport Act 1981 (c. 56, SIF 58), Sch. 6 para. 15
Words substituted by virtue of Local Government Act 1972 (c. 70, SIF 81:1), s. 272(2)
S. 47(1)(a)(i) repealed by Transport Act 1981 (c. 56, SIF 58), Sch. 12 Pt. II
Words repealed by Transport Act 1981 (c. 56, SIF 58), Sch. 12 Pt. II
S. 47(1)(b) repealed by Transport Act 1981 (c. 56, SIF 58), Sch. 12 Pt. II
S. 47(1A) inserted (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(1), Sch. 3 para. 5(2); S.I. 1992/1347, art. 2,Sch. (subject as mentioned in art. 3)
Words substituted by virtue of Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), s. 237(2)
S. 47(2)(a) repealed by Transport Act 1981 (c. 56, SIF 58), Sch. 12 Pt. II
S. 47(2A) inserted (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(1), Sch. 3 para. 5(3); S.I. 1992/1347, art. 2,Sch. (subject as mentioned in art. 3)
S. 47(3) repealed (S.) (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), s. 30(4), Sch. 3; S.S.I. 2007/516, art. 2
Words in s. 47(3) substituted (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(1), Sch. 3 para. 5(4); S.I. 1992/1347, art. 2,Sch. (subject as mentioned in art. 3)
Words inserted by Transport Act 1981 (c. 56, SIF 58), Sch. 6 para. 6(5)
Words substituted by virtue of Interpretation Act 1978 (c. 30, SIF 115:1), s. 25(2)
S. 48A inserted (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(1), Sch. 3 para. 6; S.I. 1992/1347, art. 2,Sch. (subject as mentioned in art. 3)
Words in s. 49 substituted (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 10(a); Instrument 2006 No. 2 made by the Archbishops
Words in s. 49(2) substituted (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 10(b); Instrument 2006 No. 2 made by the Archbishops
Words repealed by Transport Act 1981 (c. 56), Sch. 12 Pt. II
Words in s. 49(4) substituted (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 10(c); Instrument 2006 No. 2 made by the Archbishops
Words substituted by virtue of Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 11
S. 53 substituted by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 4 para. 43, Sch. 5 para. 45
Words in s. 53 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 30(a) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
Words in s. 53 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 30(b) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
Words repealed by Transport Act 1981 (c. 56, SIF 58), Sch. 12 Pt. II
Words inserted by Transport Act 1981 (c. 56, SIF 58), Sch. 6 para. 5(3)
S. 54A inserted (S.) (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(3), 30(4); S.S.I. 2007/516, art. 2
S. 56 repealed by Statutory Orders (Special Procedure) Act 1965 (c. 43, SIF 89), Sch.
Definitions repealed by Transport Act 1981 (c. 56), Sch. 12 Pt. II
Words in s. 57(1) inserted (S.) (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(4), 30(4); S.S.I. 2007/516, art. 2
Words repealed by Transport Act 1981 (c. 56), Sch. 12 Pt. I
S. 57(1): words in the definition of “the Boards” repealed (1.2.2001) by 2000 c. 38, s. 274, Sch. 31 Pt. IV; S.I. 2001/57, art. 3, Sch. 2 Pt. I
Words added by Transport Act 1968 (c. 73), Sch. 16 para. 8(1)(d)(i)
Words repealed by Transport Act 1980 (c. 34), Sch. 9 Pt. III
Definition in s. 57(1) inserted (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(1), Sch. 3 para. 7(2); S.I. 1992/1347, art. 2, Sch. (subject as mentioned in art. 3)
Definition in s. 57(1) omitted (1.2.2000) by virtue of S.I. 1999/3445, reg. 15(3)
Definition in s. 57(1) inserted (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(1), Sch. 3 para. 7(3); S.I. 1992/1347, art. 2, Sch. (subject as mentioned in art. 3)
Words repealed by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), Sch. 29
Words in definitions of “harbour” and “lighthouse” in s. 57(1) substituted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para.33 (with s. 312(1))
Definition in s. 57(1) repealed (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 68(1), Sch. 4 Pt. II; S.I. 1992/1347, art. 2, Sch. (subject as mentioned in art. 3)
Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 19 para. 16
Words substituted by Companies Act 1989 (c. 40), s. 144(4), Sch. 18 para. 5
Words substituted by virtue of S.I. 1981/238, arts. 2(2), 3(4)
Words in s. 57(1) repealed (S.) (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), Sch. 13 Pt. 1 (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2
Words in s. 57(1) inserted (E.W.) (2.5.2006 for E., 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), reg. 1(2)(4), Sch. Pt. I (see S.I. 2006/1172, art. 2(a)-(d) (with art. 3) and S.I. 2006/1279, art. 2(a)-(d) (with art. 3))
Definition of "river purification authority" in s. 57(1) ceases to have effect (S.) (1.4.1996) by virtue of S.I. 1996/973, reg. 2, Sch. para. 2(2)
Words substituted by virtue of Interpretation Act 1978 (c. 30, SIF 115:1), s. 17(2)(a)
Words repealed (E.W.) by Water Act 1989 (c. 15), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163,
Words in s. 57 omitted (S.) (1.4.2006) by virtue of The Water Environment (Consequential and Savings Provisions) (Scotland) Order 2006 (S.S.I. 2006/181), art. 1, Sch. Pt. IV para. 2(2)(a)
Words in s. 57 omitted (S.) (1.4.2006) by virtue of The Water Environment (Consequential and Savings Provisions) (Scotland) Order 2006 (S.S.I. 2006/181), art. 1, Sch. Pt. IV para. 2(2)(b)
Words substituted by Hovercraft Act 1968 (c. 59), Sch. para. 5
Words substituted by virtue of Interpretation Act 1978 (c. 30, SIF 115:1), s. 17(2)(a)
Words substituted by Water Act 1973 (c. 37, SIF 130), Sch. 8 para. 87
Words substituted (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163,
Words in s. 58 substituted (S.) (1.4.1996) by S.I. 1996/973, reg. 2, Sch. para. 2(3)
S. 59 repealed by Northern Ireland Constitution Act 1973 (c. 36, SIF 29:3), Sch. 6 Pt. I
S. 62 repealed (15.7.1992) by Transport and Works Act 1992 (c. 42), ss. 63(1), 68(1), Sch. 3 para.8, Sch. 4 Pt.II; S.I. 1992/1347, art. 2,Sch.(with art. 4) (subject as mentioned in art. 3)
Words repealed by Northern Ireland Constitution Act 1973 (c. 36, SIF 29:3), Sch. 6 Pt. I and House of Commons Disqualification Act 1975 (c. 24, SIF 89), Sch. 3
S. 63(3) repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI
S. 11 amended by Harbours (Loans) Act 1972 (c. 16, SIF 58), s. 4(1)
S. 11(1) extended by Docks and Harbours Act 1966 (c. 28, SIF 58), s. 40(5)
S. 14 amended by Docks and Harbours Act 1966 (c. 28, SIF 58), s. 36(4)
Functions of Minister of Agriculture, Fisheries and Food under s. 14 now exercisable (W.) by Secretary of State or by Minister of Agriculture, Fisheries and Food and Secretary of State for Wales jointly: S.I. 1969/388, art. 3, Sch. 2 and 1978/272, art. 2 Sch. 1
S. 14 applied (E.W.) (2.5.2006 for E., 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), reg. 1(2)(4), 2(1), Sch. Pt. I (see S.I. 2006/1172, art. 2(a)-(d) (with art. 3) and S.I. 2006/1279,
S. 14(2)(b) excluded by Docks and Harbours Act 1966 (c. 28, SIF 58), s. 36(2)
S. 14(3) extended by Docks and Harbours Act 1966 (c. 28, SIF 58), s. 43(3); explained by Docks and Harbours Act 1966 (c. 28, SIF 58), s. 45
Functions of Minister of Agriculture, Fisheries and Food under s. 15 now exercisable (W.) by Secretary of State or by Minister of Agriculture, Fisheries and Food and Secretary of State for Wales jointly: S.I. 1969/388, art. 3, Sch. 2 and 1978/272, art. 2 Sch. 1
S. 15: transfer of certain functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1
S. 15A: transfer of certain functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1
Functions of Minister of Agriculture, Fisheries and Food under s. 16 now exercisable (W.) by Secretary of State or by Minister of Agriculture, Fisheries and Food and Secretary of State for Wales jointly: S.I. 1969/388, art. 3, Sch. 2 and 1978/272, art.2, Sch. 1
S. 16: transfer of certain functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1
S. 16 applied (E.W.) (2.5.2006 for E., 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), reg. 1(2)(4), 2(1), Sch. Pt. I (see S.I. 2006/1172, art. 2(a)-(d) (with art. 3) and S.I. 2006/1279,
References in s. 16(1)(b), (3)(b) to Minister and Secretary of State to have effect as references to Secretary of State for the time being concerned with harbours generally and Secretary of State for Scotland: S.I. 1970/1681, Sch. 3 para. 11(1)
S. 16(5) excluded by Docks and Harbours Act 1966 (c. 28, SIF 58), s. 36(2)
S. 16(6) explained by Docks and Harbours Act 1966 (c. 28, SIF 58), s. 45
S. 17 applied (E.W.) (2.5.2006 for E., 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), reg. 1(2)(4), 2(1), Sch. Pt. I (see S.I. 2006/1172, art. 2(a)-(d) (with art. 3) and S.I. 2006/1279,
S. 18 amended by Docks and Harbours Act 1966 (c. 28, SIF 58), s. 36(4)
S. 18(2)(h) amended by Docks and Harbours Act 1966 (c. 28, SIF 58), s. 43(2)
S. 18(2)(i) extended by Docks and Harbours Act 1966 (c. 28, SIF 58), ss. 42(4)(a), 43(3); explained by ibid; s. 45
S. 18(3) amended by Docks and Harbours Act 1966 (c. 28, SIF 58), s. 42(2)
S. 19 amended by Docks and Harbours Act 1966 (c. 28, SIF 58), s. 43(2)
S. 26 extended by Transport Act 1981 (c. 56, SIF 58), Sch. 4 para. 1(2)(a)
S. 27 extended by Transport Act 1981 (c. 56, SIF 58), Sch. 4 para. 1(2)(a)
S. 27(1) explained by Docks and Harbours Act 1966 (c. 28, SIF 58), s. 46(1)
S. 30 extended by Transport Act 1981 (c. 56), Sch. 4 para. 1(2)(a)
Functions of Minister of Agriculture, Fisheries and Food under s. 30 now exercisable (W.) by Secretary of State or by Minister of Agriculture, Fisheries and Food and Secretary of State for Wales jointly: S.I. 1978/272, art. 2, Sch. 1
S. 30 applied (with modifications) (25.7.1991) by Highland Regional Council (Harbours) Order Confirmation Act 1991 (c. ii), s. 39(1).
S. 30 applied (with modifications) (12.6.1993) by S.I. 1993/1592, arts. 1(1), 6.
S. 30: transfer of certain functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1
S. 30 restricted (S.)(23.12.1999) by S.S.I. 1999/202, art. 27(2)
S. 30 excluded (10.7.2001) by S.S.I. 2001/262, art. 32(2)
S. 30 applied (with modifications) (S.) (30.9.2004) by The Dunbar Harbour Revision (Transfer) Order 2004 (S.S.I. 2004/421), arts. 1, 4(7)
S. 30 excluded (31.12.2004) by The Falmouth Harbour Revision (Constitution) Order 2004 (S.I. 2004/3400), arts. 1(1), 19(3)
S. 30 applied (16.8.2006) by The Dover Harbour Revision Order 2006 (S.I. 2006/2167), arts. 1(1), 20
S. 30 excluded (29.12.2007) by The Maryport Harbour Revision Order 2007 (S.I. 2007/3463), arts. 1(1), 48 (with arts. 78, 80, 81)
S. 30 applied (with modifications) (29.12.2007) by The Maryport Harbour Revision Order 2007 (S.I. 2007/3463), arts. 1(1), 45 (with arts. 78, 80, 81)
S. 30 excluded (S.) (23.5.2008) by The Dumfries and Galloway Council (Isle of Whithorn) Harbour Empowerment Order 2008 (S.S.I. 2008/189), arts. 1, 41(2) (with
S. 30 excluded (S.) (23.5.2008) by The Dumfries and Galloway Council (Garlieston) Harbour Empowerment Order 2008 (S.S.I. 2008/190), arts. 1, 41(2) (with arts. 53(1),
S. 30 excluded (S.) (23.5.2008) by The Dumfries and Galloway Council (Port William) Harbour Empowerment Order 2008 (S.S.I. 2008/188), arts. 1, 41(2) (with
S. 30 applied (with modifications) (S.) (23.5.2008) by The Dumfries and Galloway Council (Garlieston) Harbour Empowerment Order 2008 (S.S.I. 2008/190), arts. 1, 39(1) (with arts. 53(1),
Functions of Minister of Agriculture, Fisheries and Food under s. 31 now exercisable (W.) by Secretary of State or by Minister of Agriculture, Fisheries and Food and Secretary of State for Wales jointly: S.I. 1969/388, art. 3, Sch. 2 and 1978/272, art. 2, Sch. 1
S. 31 applied (with modifications) (25.07.1991) by Highland Regional Council (Harbours) Order Confirmation Act 1991 (c. ii, SIF 200), s. 39(1).
S. 31 applied (with modifications) (12.6.1993) by S.I. 1993/1592, arts. 1(1),6.
S. 31 applied (5.11.1993) by 1993 c. 42, s. 15(4).
S.31 applied (with modifications)(1.1.1996) by 1995 c. 21, s. 210(8), 216(2) (with s. 132(1))
S.31 modified (1.1.1996) by 1995 c. 21, ss. 210, 216(2) Sch. 10 (with s. 132(1))
S. 31: transfer of certain functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1
S. 31 applied (with modifications) (30.9.2004) by The Dunbar Harbour Revision (Transfer) Order 2004 (S.S.I. 2004/421), arts. 1, 4(7)
S. 31 applied (16.8.2006) by The Dover Harbour Revision Order 2006 (S.I. 2006/2167), arts. 1(1), 20
S. 31 applied (with modifications) (29.12.2007) by The Maryport Harbour Revision Order 2007 (S.I. 2007/3463), arts. 1(1), 45 (with arts. 78, 80, 81)
S. 31 applied (with modifications) (23.5.2008) by The Dumfries and Galloway Council (Garlieston) Harbour Empowerment Order 2008 (S.S.I. 2008/190), arts. 1, 39(1) (with arts. 53(1),
S. 31(2)–(11) extended with modifications by Greater London Council (General Powers) Act 1973 (c. xxx), s. 8(5)(a)(b)
S. 31(2)–(12) applied (with modifications) by Pilotage Act 1987 (c. 21, SIF 111), s. 10(6)
S. 31(2)-(12) applied (with modifications) (15.7.2003) by The Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 2003 (S.I. 2003/1809), regs. 1(1), 14(6) (with reg. 3)
S. 31(2)-(12) applied (with modifications) (15.7.2003) by The Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 2003 (S.I. 2003/1809), regs. 1(1), 14(5) (with reg. 3)
S. 32 applied (with modifications) (S.) (30.9.2004) by The Dunbar Harbour Revision (Transfer) Order 2004 (S.S.I. 2004/421), arts. 1, 4(7)
The “said section 47” means Harbours, Docks and Piers Clauses Act 1847 (c. 27, SIF 58), s. 47
The text of s. 39(1)(2)(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991
S. 40 extended by Transport Act 1981 (c. 56, SIF 58), Sch. 4 para. 1(2)(a)
S. 40 applied (with modifications) (S.) (30.9.2004) by The Dunbar Harbour Revision (Transfer) Order 2004 (S.S.I. 2004/421), arts. 1, 4(7)
S. 42 extended by Transport Act 1981 (c. 56, SIF 58), Sch. 4 para. 1(2)(3)
S. 42 extended by Pilotage Act 1987 (c. 21, SIF 111), s. 14(1)
S. 42(2)-(9) applied (with modifications) (6.3.1992) by S.I. 1992/546, arts. 1, 2, Sch. para. 4(3)
S. 42(2)-(9) applied (25.3.1997) by S.I. 1997/948, art. 2(2), Sch. para. 5(3)
S. 43(1) amended by National Loans Act 1968 (c. 13, SIF 99:3), Sch. 1
S. 46(1): disclosure powers extended (14.12.2001) by 2001 c. 24, s. 17, Sch. 4 Pt. 1 para. 2
The text of s. 51(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991
S. 52 amended by Docks and Harbours Act 1966 (c. 28, SIF 58), s. 42(4)(b)
S. 53 amended by Docks and Harbours Act 1966 (c. 28, SIF 58), s. 42(4)(b)
S. 57 extended by Highland Regional Council (Harbours) Order Confirmation Act 1991 (c. xii), s. 3(1)
References to Minister and Secretary of State in definition of “marine work” to have effect as references to Secretary of State for the time being concerned with harbours generally and Secretary of State for Scotland: S.I. 1970/1681, Sch. 3 para. 11(1)
Functions of Minister of Agriculture, Fisheries and Food under s. 60 now exercisable (W.) by Secretary of State or by Minister of Agriculture, Fisheries and Food and Secretary of State for Wales jointly: S.I. 1978/272, art. 2, Sch. 1
S. 60: transfer of certain functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1
Unreliable marginal note
Power of appointment under s. 63(4) fully exercised: 1.10.1964 appointed under s. 63(4) by S.I. 1964/1424
1919 c. 50 (126).
1861 c. 47 (58).
1980 c. 43 (82).
1975 c. 21 (39:1).
1980 c. 43 (82).
1975 c. 21 (39:1).
1847 c. 27 (58).
1962 c. 46 (126).
1915 c. 48 (58).
1975 c. 51 (52:2).
1963 c. 38 (130).
1962 c. 46 (126).
1962 c. 46. (126).
1982 c. 16 (9).
1951 c. 30. (58).
1945 c. 18. (9 & 10 Geo. 6) (89).
1972 c. 70 (81:1).
1973 c. 65 (81:2).
1936 c. 52 (89).
1978 c. 30 (115:1).
1937 c. 28 (58).
1976 c. 70 (73:1).
Subject to the provisions of this section, the Minister, with the approval of the Treasury . . .
in respect of expenses incurred by them—
in executing, at a harbour which in the exercise and performance of statutory powers and duties they are engaged in improving, maintaining or managing, works for the improvement, maintenance or management of the harbour;
in acquiring plant or equipment required for the carrying out at the harbour of harbour operations;
in acquiring land required for the purposes of the harbour or an extension thereof;
to enable them to repay the whole or part of the principal of, or to pay the whole or part of a sum due by way of the payment of interest on, a loan made to them by virtue of the foregoing paragraph,
provided that, in the case of assistance in respect of expenses incurred, he is satisfied that the expenses are such as ought properly to be regarded as being of a capital nature.
Assistance given under the foregoing subsection in respect of expenses incurred in the execution of any works may include a sum in respect of costs in, or in connection with, the preparation of plans and specifications of the works, reports with respect thereto and estimates of the expenses to be incurred for the purposes of the execution thereof and a sum in respect of the remuneration of any architect, engineer or other person employed in an advisory or supervisory capacity in connection with the execution of the works.
No assistance shall be given under subsection (1) of this section for the repayment of any such part of the principal of a loan as falls due for repayment more than five years from the date on which the loan was made or for the payment of interest on a loan for any period beginning more than five years from that date.
No assistance shall at any time be given under subsection (1) of this section by the Minister to a harbour authority in respect of expenses incurred by them in relation to a harbour or to enable them to repay the principal of, or to pay interest on, a loan unless at that time the harbour is neither a fishery harbour nor a marine work.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
No advance shall be made after the passing of this Act under section 17(1) of the
under section 3 of the
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
unless those Commissioners have agreed before the passing of this Act to make it.
Subject to the provisions of this section and to the following provisions of this Act, there may, in relation to a harbour which is being improved, maintained or managed by a harbour authority in the exercise and performance of statutory powers and duties, be made by the appropriate Minister an order (in this Act referred to as a “harbour revision order”) for achieving all or any of the objects specified in Schedule 2 to this Act.
Subject to the next following section, a harbour revision order shall not be made in relation to a harbour by the appropriate Minister—
except upon written application in that behalf made to him by the authority engaged in improving, maintaining or managing it or by a person appearing to him to have a substantial interest or body representative of persons appearing to him to have such an interest; and
unless the appropriate Minister is satisfied that the making of the order is desirable in the interests of securing the improvement, maintenance or management of the harbour in an efficient and economical manner or of facilitating the efficient and economic transport of goods or passengers by sea
The objects for achieving all or any of which a harbour revision order may be made in relation to a harbour include repealing superseded, obsolete or otherwise unnecessary statutory provisions of local application affecting the harbour, or consolidating any statutory provisions of local application affecting the harbour; and subsection (2)(b) of this section does not apply to an order in so far as it is made for objects mentioned in this subsection.
Nothing in subsection (2)(b) of this section shall prevent the making of an order for facilitating—
the closing of part of the harbour,
a reduction in the facilities available in the harbour, or
the disposal of property not required for the purposes of the harbour,
if the appropriate Minister is satisfied that the making of the order is desirable on grounds other than those specified in that subsection.
A harbour revision order may include all such provisions as appear to the appropriate Minister to be requisite or expedient for rendering of full effect
on his being summarily convicted, of the infliction on him of a penalty other than a fine or of
in the case of an offence triable either summarily or on indictment, the infliction on him of a fine exceeding the prescribed sum within the meaning of section 32 of the
in the case of an offence triable only summarily, the infliction on him of a fine exceeding
on his being convicted on indictment, of the infliction on him of
In the case of a harbour revision order that provides for the establishment of a body as the harbour authority for the harbour to which the order relates in lieu of the existing one, references in paragraphs 2 to 17 of Schedule 2 to this Act to the authority (except in the case of the reference in paragraph 3 the references, other than the second, in paragraph 5 and the second reference in paragraph 11) shall be construed as referring to the body established by the order as the harbour authority, and in the said excepted case shall be construed as referring to the existing one.
Where two or more harbours are being improved, maintained or managed by the same harbour authority or by harbour authorities which are members of the same group, a harbour revision order may relate to more than one of the harbours; and for this purpose two authorities are members of the same group if one is a subsidiary (within the meaning of the Companies Act 1985) of the other or both are subsidiaries of another company (within the meaning of that Act).
Where a harbour revision order includes provision for the compulsory acquisition of land, there must, in the case of each parcel of land proposed to be acquired compulsorily, be annexed to the order a
Where a harbour revision order includes provision for extinguishing or diverting a public right of way over a footpath
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In this section and in Schedule 2 to this Act “the appropriate Minister”, in the case of an order to be made in relation to a harbour not being a fishery harbour or a marine work means the Minister, in the case of an order to be made in relation to a fishery harbour means the Minister of Agriculture, Fisheries and Food, and in the case of an order to be made in relation to a marine work means the Secretary of State.
If, with respect to a harbour, the appropriate Minister is satisfied, . . .
reconstituting the harbour authority by whom the harbour is being improved, maintained or managed or altering their constitution; and
regulating (in whole or to a less extent) the procedure of, or of any committee of, the authority and fixing the quorum at a meeting of, or of any committee of, the authority;
he may, if he is satisfied as mentioned in subsection (2)(b) of the last foregoing section, make the order despite the fact that no application to him for the making of it is forthcoming from the authority engaged in improving, maintaining or managing the harbour or from any such person or representative body as is mentioned in subsection (2)(a) of that section.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In this section “
Each of the Ministers may, subject to subsection (2) of this section, by order vary the constitution of a harbour authority so far as it provides for the appointment by him of any member or members of the authority—
so as to abolish the power of appointment (except where the power is to appoint the chairman of the authority); or
so as to provide for the power of appointment to be exercised by such other person or persons as may be specified in the order.
No order under this section may be made by the Secretary of State with respect to the constitution of a harbour authority if under the constitution all the members of the authority, apart from ex officio and co-opted members, are appointed by him.
An order under this section—
may relate to more than one harbour authority; and
may contain such supplementary, incidental and consequential provisions as appear to the Minister making the order to be necessary or expedient;
and where the constitution of a harbour authority provides for the appointment by the Minister making the order of more than one member, an order under this section may make different provision for each member falling to be so appointed and may make provision for some only of those members.
A Minister proposing to make an order under this section shall before doing so consult the harbour authority concerned and such other persons affected, or bodies representative of such persons, as he thinks fit.
In this section “
In a case where a person is desirous of securing the achievement of any of the following objects, namely,—
the improvement, maintenance or management of a harbour (whether natural or artificial) navigated by sea-going ships (not being a fishery harbour or a marine work) or of a port, haven, estuary, tidal or other river or inland waterway so navigated (not being a fishery harbour or a marine work);
the construction of an artificial harbour navigable by sea-going ships or an inland waterway so navigable, other than a harbour or waterway which, in the opinion of the Minister and the Secretary of State, will, on completion, be a marine work; and
the construction, improvement, maintenance or management of a dock elsewhere than at a fishery harbour or marine work or of a wharf elsewhere than at such a harbour or work;
but neither he nor any other person has powers, or sufficient powers, to secure it, or to do so effectively, he may make a written application to the Minister for the making by him of an order conferring on the applicant, some other designated person or a body to be constituted for the purpose by the order (according as may be specified in the application) all such powers (including, in particular, power to acquire land compulsorily and to levy charges other than ship, passenger and goods dues) as are requisite for enabling that object to be achieved.
In a case where a person is desirous of securing the achievement of either or both of the following objects, namely,—
the improvement, maintenance or management of a fishery harbour; and
the construction, improvement, maintenance or management of a dock at a fishery harbour or of a wharf at such a harbour;
but neither he nor any other person has powers, or sufficient powers, to secure it, or to do so effectively, he may make a written application to the Minister of Agriculture, Fisheries and Food for the making by him of such an order as aforesaid.
In a case where a person is desirous of securing the achievement of any of the following objects, namely,—
the improvement, maintenance or management of a marine work, being a harbour (whether natural or artificial) navigated by sea-going ships or being a port, haven, estuary, tidal or other river or inland waterway so navigated;
the construction of an artificial harbour navigable by sea-going ships which, in the opinion of the Minister and the Secretary of State, will, on completion, be a marine work or an inland waterway so navigable which, in the opinion of the Minister and the Secretary of State, will, on completion, be a marine work; and
the construction, improvement, maintenance or management of a dock at a marine work or of a wharf at such a work;
but neither he nor any other person has powers, or sufficient powers, to secure it, or to do so effectively, he may make a written application to the Secretary of State for the making by him of such an order as is mentioned subsection (1) of this section.
An order under this section is in this Act referred to as a “harbour empowerment order”.
Neither the Minister, nor the Minister of Agriculture, Fisheries and Food nor the Secretary of State shall make a harbour empowerment order unless he is satisfied that the making thereof is desirable in the interests of facilitating the efficient and economic transport of goods or passengers by sea
A harbour empowerment order may include all such provisions as appear to the Minister of the Crown by whom it is made to be requisite or expedient for giving full effect to any provision included in the order by virtue of the foregoing provisions of this section and any
on his being summarily convicted, of the infliction on him of a penalty other than a fine or of
in the case of an offence triable either summarily or on indictment, the infliction on him of a fine exceeding the prescribed sum within the meaning of section 32 of the
in the case of an offence triable only summarily, the infliction on him of a fine exceeding
on his being convicted on indictment, of the infliction on him of
Where a harbour empowerment order includes provision for the compulsory acquisition of land, there must, in the case of each parcel of land proposed to be acquired compulsorily, be annexed to the order a
Where a harbour empowerment order includes provision for extinguishing or diverting a public right of way over a footpath
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The provisions of Schedule 3 to this Act shall have effect as follows with respect to the procedure for making harbour revision and empowerment orders:—
Part I of that Schedule shall have effect with respect to the procedure for making harbour revision orders upon application therefor to
Part II of that Schedule shall have effect with respect to the procedure for the making of harbour revision orders by
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part I of that Schedule shall, subject to the modifications specified in Part
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Neither the Minister nor the Minister of Agriculture, Fisheries and Food nor the Secretary of State shall make a harbour revision or empowerment order including provision authorising the compulsory acquisition of land unless it also includes provision for the payment of compensation in respect of the acquisition.
Neither the Secretary of State nor the Minister of Agriculture, Fisheries and Food shall make a harbour revision or empowerment order which provides for extinguishing a public right of way over a footpath
that an alternative right of way has been or will be provided, or
that the provision of an alternative right of way is not required.
Neither the Secretary of State nor the Minister of Agriculture, Fisheries and Food shall make a harbour revision or empowerment order which provides for diverting a public right of way over a footpath
In this section and in Schedule 3 to this Act (except in paragraph 25(6)(c) of Schedule 3), references to “the Secretary of State” are to be construed, in relation to a fishery harbour in Wales, as references to the National Assembly for Wales, and in relation to Scotland, as references to the Scottish Ministers.
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
With a view to securing the efficient and economical development of a group of harbours each of which is being improved, maintained or managed by a harbour authority in the exercise and performance of statutory powers and duties, a scheme (in this Act referred to as a “harbour reorganisation scheme”) with respect to the group, providing for all or any of the matters mentioned in subsection (2) below, may be submitted to the Minister . . .
If the Secretary of State is of opinion that, with a view to securing the efficient and economical development of any such group of harbours as is mentioned in subsection (1) of this section, a harbour reorganisation scheme ought to be made providing for all or any of the matters for which provision may be made by such a scheme, he may by order make a harbour reorganisation scheme providing for those matters.
The said matters are the following, that is to say,—
transferring powers or duties conferred or imposed by a statutory provision of local application on any of the relevant authorities for the purpose of, or in connection with, the improvement, maintenance or management of a harbour comprised in the group to another of those authorities or to a body constituted by the scheme;
transferring interests of any of the relevant authorities in fixed or movable property used by them for the purposes of the harbour in question and rights or liabilities enjoyed or incurred by them for those purposes to another of those authorities or to such a body as aforesaid;
transferring powers or duties conferred or imposed by a statutory provision of local application on any of the relevant authorities (other than powers or duties falling within paragraph (a) above), or powers or duties so conferred or imposed in relation to a harbour comprised in the group on a local lighthouse authority who are not one of the relevant authorities, to another person (whether one of those authorities or not) or to such a body as aforesaid;
transferring interests of any of the relevant authorities or of a local lighthouse authority in fixed or movable property used by them for the purposes of, or in connection with, the exercise or performance of any powers or duties transferred by a provision of the scheme having effect by virtue of paragraph (c) above to the person to whom the powers or duties are transferred, and transferring to that person rights or liabilities enjoyed or incurred by the authority from whom the powers or duties are transferred in, or in connection with, the exercise or performance of the transferred powers or duties;
transferring to any of the relevant authorities or to a body constituted by the scheme interests of a person in fixed or movable property used by him for carrying out harbour operations at a harbour that is comprised in the group or is adjacent to any of the harbours so comprised, not being a person engaged in improving, maintaining or managing that harbour in the exercise and performance of statutory powers and duties;
transferring to the service of a person or body to whom any powers, duties, interests, rights or liabilities are transferred by a provision of the scheme having effect by virtue of any of the foregoing paragraphs officers or servants employed by the person from whom the powers, duties, interests, rights or liabilities are transferred;
dissolving any body of constables maintained by any of the relevant authorities, and transferring—
the members of that body to another such body or bodies (whether or not maintained by another or other of those authorities or by a body constituted by the scheme);
property, rights or liabilities vested for the purposes of the dissolved body in the authority by whom it was maintained to an authority by whom is or is to be maintained a body of constables to which any of the members of the dissolved body are transferred;
preserving (with or without adjustment)
making such provision as appears to the Minister necessary of expedient for rendering of full effect any provision of the scheme having effect by virtue of any of the foregoing paragraphs and such other
Where a harbour reorganisation scheme provides for transferring interests in land, there must, in the case of each parcel of land interests in which are proposed to be transferred, be annexed to the scheme a
The provisions of Schedule 4 to this Act shall have effect as follows with respect to the procedure for confirming and making harbour reorganisation schemes—
Part I of that Schedule shall have effect with respect to the procedure for confirming schemes submitted to the Secretary of State;
Part 1 of that Schedule shall, subject to the modifications specified in Part II thereof, have effect with respect to the procedure for the making of schemes by the Secretary of State of his own motion;
.
The Minister shall not confirm
The Minister shall not confirm
If at any time it appears to the Minister that any such provision of a harbour reorganisation scheme having effect by virtue of subsection (2)(h) above as adjusts the rights of a person operates or is likely to operate so as to put that person in a worse position than he would have been in had the provision not been included in the scheme, he may by order amend the scheme in such manner as appears to him to secure that that person is or will be in no such worse position.
The Minister shall by regulations make provision requiring such person or body, being a person or body subject to any of the provisions of a harbour reorganisation scheme, as may be determined by or under the regulations to pay, subject to such exceptions or conditions as may be prescribed by the regulations, compensation to, or in respect of, persons who are or, but for any national service of theirs would be, the holders of any such situation, place or employment as may be so prescribed and suffer loss of employment or loss or diminution of emoluments or pension rights in consequence of any of the provisions of the scheme.
Where it is proposed to make a harbour revision order or a harbour empowerment order, the Minister of the Crown by whom the order is to be made shall consider whether any person, who is, or but for any national service of his would be, holder of any situation, place or employment with a person or body subject to any of the provisions of the order, might if the order were made, suffer any loss of employment or loss or diminution of emoluments or pension rights in consequence of any of the provisions of the order; and if it appears to that Minister that such a person who is or would be the holder of such a situation, place or employment might suffer any such loss or diminution in consequence as aforesaid and that, if he does, compensation should be paid in respect thereof, that Minister shall not make the order unless he is satisfied that it secures that there will be paid to or in respect of that person, if he suffers any such loss or diminution in consequence as aforesaid, compensation corresponding, as near as may be, to that payable by virtue of regulations made under subsection (1) of this section to or in respect of the holder in similar circumstances of a similar situation, place or employment, in respect of similar loss or diminution suffered in consequence of any of the provisions of a harbour reorganisation scheme.
Different regulations may be made under subsection (1) of this section in relation to different classes of persons, and any such regulations may be so framed as to have effect from a date earlier than that on which they are made, so however that so much of any regulations as provides that any provision thereof is to have effect from a date earlier than that on which they are made shall not place any person other than a harbour authority in a worse position than he would have been in if the regulations had been so framed as to have effect only as from the date on which they are made.
Regulations made under subsection (1) of this section may include provision as to the manner in which, and the person to whom, any claim to compensation is to be made, and for the determination of all questions arising under the regulations.
In this section “
Subject to the following provisions of this Act, any statutory provision made with respect to a particular harbour authority shall cease to have effect in so far as (otherwise than by way of expressly providing for freedom from dues or in any other manner prohibiting the levying of a due) it limits the discretion of the authority as to the ship, passenger and goods dues chargeable by them at a harbour which, in the exercise and performance of statutory powers and duties, they are engaged in improving, maintaining or managing (whether by specifying, or providing for specifying, the dues to be levied, or fixing or providing for fixing, dues, or otherwise).
Subject to the following provisions of this Act and to any such statutory provision made with respect to them in particular as expressly provides for freedom from dues or in any other manner prohibits the levying of a due, a harbour authority shall have power to demand, take and recover such ship, passenger and goods dues as they think fit at such a harbour as aforesaid.
Any such provision of the
Any ship, passenger and goods dues in force immediately before this section comes into operation which are exigible by a harbour authority at a harbour which, in the exercise and performance of statutory powers and duties, they are engaged in improving, maintaining or managing, being dues imposed or deemed to have been imposed by or by virtue of a statutory provision made with respect to the authority, shall be deemed to have been imposed by virtue of this section.
In this section “
any of the Boards;
a person carrying on an inland waterway undertaking to which provisions of section 43 of the
a person carrying on an undertaking all or any of the charges of which are, under the statutory provisions relating to the undertaking, subject to revision by the Minister and some other Minister acting together;
and “
In place of any limitation imposed, by a statutory provision made with respect to them in particular, on the discretion of a harbour authority as to charges (of any kind other than excepted charges) that may be made by them at a harbour which, in the exercise and performance of statutory powers and duties, they are engaged in improving, maintaining or managing (not being a limitation by way of expressly providing for freedom from charges or in any other manner prohibiting the making of a charge or by way of providing, by what form of words soever, that the charges shall be such as may be reasonable), there shall, by virtue of this subsection, be imposed the limitation that the charges shall be such as may be reasonable.
For the purposes of the foregoing subsection the following shall be excepted charges, namely,—
ship, passenger and goods dues;
charges ascribable to the running of a ferry service in or from a harbour;
contributions which, by virtue of a provision included in an order
duties on licences granted under
charges in respect of licences under
In this section “
Where a harbour authority have power, whether by virtue of section 26 of this Act or any other statutory provision—
to levy ship, passenger and goods dues or equivalent dues; and
to make other charges,
the authority may, subject to the next following subsection, make a combined charge, that is to say, a single charge referable in part to matters for which ship, passenger and goods dues or equivalent dues may be levied and in part to matters for which other charges may be made.
A harbour authority may not make a combined charge in any case where—
the person who would be liable to pay the charge objects to paying a combined charge; or
a number of persons would be jointly and severally liable to pay the charge and any of them objects to paying a combined charge:
but without prejudice to the power of the authority to make separate charges in such a case.
A person may not object under subsection (2) above to the payment of a combined charge previously incurred or incurred in pursuance of a prior agreement between that person and the harbour authority.
In this section “
Schedule 9 to the
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Any dues fixed by virtue of the said section 655(1) or by virtue of any other statutory provision, being dues that are in force immediately before the coming into operation of this section and are to be paid to a local lighthouse authority who are not a harbour authority, shall, so far as they could be imposed by virtue of this section, be deemed to have been so imposed.
A list showing the ship, passenger and goods dues for the time being exigible—
by virtue of section 26 of this Act by a harbour authority at a harbour which, in the exercise and performance of statutory powers and duties, they are engaged in improving, maintaining or managing; or
by virtue of section 43 of the
shall be kept at the harbour office and shall be open there during reasonable hours for inspection by any person without charge, and copies of the list shall be kept for sale at that office at a price not exceeding
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No ship, passenger or goods due exigible as mentioned in paragraph (a) or (b) of subsection (1) above shall be levied by, as the case may be the harbour authority or Board concerned if, at the time at which it is exigible, the authority or Board are in default in compliance with the requirement of subsection (1) of this section with respect to the keeping of a list of dues at the harbour office or the due is not shown in the list kept there at that time in compliance with that requirement;
A copy of a list which, in pursuance of subsection (1) of this section, is for the time being kept by a harbour authority . . .
Subsection (1) of this section does not apply to combined charges within the meaning of section 27A of this Act.
References in this section to the dues or charges exigible by an authority or Board are references to the amount exigible where no composition agreement applies and no specially agreed rebate is allowed.
Subject to the following provisions of this Act, charges to which this section applies are ship, passenger and goods dues
Subject to subsections (10) to (12) below . . .
a person appearing to
a body representative of persons so appearing;
and the objection is expressed to be made on all or any of the following grounds, namely,—
that the charge ought not to be imposed at all;
that the charge ought to be imposed at a rate lower than that at which it is imposed;
that, according to the circumstances of the case, ships, passengers or goods of a class specified in the objection ought to be excluded from the scope of the charge either generally or in circumstances so specified;
that, according to the circumstances of the case, the charge ought to be imposed, either generally or in circumstances specified in the objection, on ships, passengers or goods of a class so specified at a rate lower than that at which it is imposed on others.
stating that he has lodged with
stating that any such person or body as the following who desires to make to
Where the proper notice concerning the objection has been duly published, then so soon as practicable after the expiration of the time therein specified (but subject to the next following subsection),
Where written representations are made as mentioned in subsection (4) above,
approve the charge but set a limit (not being later than the expiration of twelve months from the date on which
give to the authority such direction with respect to the charge as would meet objection thereto made on any of the grounds specified in subsection (2) above (whether that is or is not the ground, or is or is not included amongst the grounds, on which the objection whose lodging gives rise to the proceedings is expressed to be made).
A direction given under the last foregoing subsection to an authority must be in writing and must specify a date for its coming into operation and the period from that date (which shall not exceed twelve months) during which it is to have effect, and the authority shall comply with it.
If a harbour authority fail to comply with an obligation to which they are subject by virtue of the last foregoing subsection, they shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding
Forthwith after complying on any occasion with subsection (6) above,
Where, by virtue of this section, a charge imposed at a harbour is approved, subsections (3) to (6) above shall not have effect by virtue of the lodging of a further objection thereto during the period during which the approval is of effect; and where, by virtue of this section, a direction is given with respect to a charge so imposed, the said subsections shall not have effect by virtue of the lodging of a further objection to that charge during the period during which the direction has effect or of the lodging, during that period, of an objection to a charge that has come into existence by virtue of the direction.
Where effect to subsections (3) to (5) above is in course of being given in consequence of the lodging with
If it appears to
In relation to charges to which this section applies imposed by a harbour authority at a fishery harbour which, in the exercise and performance of statutory powers and duties, they are engaged in improving, maintaining or managing, the foregoing provisions of this section shall have effect with the substitution, for references to
Sections 31 . . .
imposed by
imposed at a harbour owned or managed by a person carrying on an inland waterway undertaking to which provisions of section 43 of that Act apply by virtue of section 52(2) thereof; or
imposed at a harbour owned or managed by a person carrying on an undertaking all or any of the charges of which are, under the statutory provisions relating to the undertaking, subject to revision by the Minister and some other Minister acting together
Section 26(2) of this Act and subsection (3) of section 43 of the Transport Act 1962 (as enacted in that section and as applied by section 52(2) of that Act) shall, so far as regards charges regulated by any such provision of an Order in Council under
The following provisions shall cease to have effect, namely,—
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any statutory provision (other than the said section 47 or one in this Act) applying to a harbour authority in so far as (however it is expressed) it requires a list of charges imposed by the authority in the exercise of their powers as such to be published;
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In the foregoing subsection “
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In the definition of “inland waterway undertaking” in section 13(1) of the Transport Charges &c. (Miscellaneous Provisions) Act 1954, after the word “navigation” there shall be inserted the words “not navigated by sea-going ships” and after the word “water” there shall be added the words “not so navigated”.
In section 12(7) of the Milford Haven Conservancy Act 1958, for the words “charges under section seven of the Transport Charges &c. (Miscellaneous Provisions) Act 1954” there shall be substituted the words “charges in respect of the aircraft”.
The charges made by any of the Boards for the use of services or facilities provided in, or in connection with, a harbour specifed in this Schedule (other than ship, passenger and goods dues, charges for the carriage of goods or passengers on any railway, charges for the use of a railway or charges in respect of railway wagons) shall be such as may be reasonable. In this paragraph the expression “
and in paragraph 6(2) of that Schedule for the words “for which the charges are regulated by” there shall be substituted the words “specified in”.
An order under section 21(8) of the
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A harbour authority shall have power to make the use of services and facilities provided by them at a harbour which, in the exercise and performance of statutory powers and duties, they are engaged in improving, maintaining or managing subject to such terms and conditions as they think fit except with respect to charges as to which their discretion is limited by a statutory provision (whether by specifying, or providing for specifying, charges to be made, or fixing or providing for fixing charges, or otherwise).
In this section “
For the purpose of obtaining information and forecasts reasonably required by
by notice in writing served on a person engaged in improving, maintaining or managing a harbour, to require him to furnish to
by notice in writing served on a person carrying out at a harbour, harbour operations of a particular description, not being the person engaged in improving, maintaining or managing that harbour, to require him to furnish to
and any such notice may require any such information or forecasts to be furnished in such manner and within such time as may be specified in the notice, and either periodically or on one occasion or more.
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A person who fails to satisfy an obligation to which he is subject by virtue of subsection (1) above shall, unless he proves that he had reasonable excuse for the failure, be guilty of an offence and liable, on summary conviction, to a fine not exceeding
No notice shall be served under subsection (1) above requiring a person to furnish information or forecasts concerning anything done or to be done at a fishery harbour or marine work; and a notice served under that subsection on a person requiring him to furnish any information or forecasts concerning anything done or to be done at a harbour shall, if the harbour becomes a fishery harbour or marine work, thereupon cease to have effect except in so far as it requires any information or forecast to be furnished before the date on which the harbour becomes a fishery harbour or marine work.
It shall be the duty of every statutory harbour undertaker to prepare an annual statement of accounts relating to the harbour activities and to any associated activities carried on by him.
Where a statutory harbour undertaker is a parent undertaking with subsidiary undertakings which carry on harbour activities or any associated activities, then, it shall be the duty of the company also to prepare group accounts relating to the harbour activities and associated activities carried on by it and its subsidiary undertakings.
The requirements of subsection (1) or subsection (2) above are not satisfied by the preparation of a statement of accounts which relates to other matters in addition to harbour activities and associated activities.
Where provision is made for the auditing of accounts prepared by any person otherwise than under this section which relate to harbour activities carried on by him (whether or not they relate to other matters) that provision shall apply also to any statement prepared by him under this section.
It shall be the duty of any person by whom a statement of accounts is prepared in accordance with this section—
to send to the Secretary of State a copy of the statement together with a copy of the auditor’s report on it; and
to prepare and send to the Secretary of State a report on the state of affairs disclosed by the statement.
Subject to any regulations made under the next following subsection, the provisions of the
the provisions relating to
the provisions relating to group accounts shall apply to statements prepared in accordance with subsection (2) above; and
the provisions relating to the directors’ report . . .
The Secretary of State may make provision by regulations with respect to the form and contents of accounts and reports prepared under this section—
prescribing cases in which the provisions of the
modifying those provisions;
prescribing requirements additional to those imposed by those provisions.
Where a statutory harbour undertaker is obliged by a statutory provision of local application to prepare accounts, then, so far as those accounts relate to harbour activities or associated activities, any requirements of the statutory provision of local application as to the form and contents of the accounts shall be treated as satisfied by the preparation of accounts in the same manner that is required for a statement under this section.
In this section—
“
“
“
Regulations under subsection (7) or (9) above may be made so as to apply to all undertakers, to a class of undertakers or to a particular undertaker.
This section does not apply to—
the Boards;
a statutory harbour undertaker the activities of whose undertaking consist wholly or mainly in the improvement, maintenance or management of a fishery harbour or marine work;
a statutory harbour undertaker of a class exempted from this section by regulations made by the Secretary of State.
Any loans which the Minister makes under section . . .
The Treasury may issue out of the
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Any sums received by the Minister under subsection (1) of this section shall be paid into the
The Minister shall, as respects each financial year, prepare in such form and manner as the Treasury may direct an account of sums issued to him under this section and of the sums to be paid into the
A person who desires to question any such order as follows, namely, a harbour revision or empowerment order Statutory Orders (Special Procedure) Act 1945, or under section 2(4), as read with section 10, of that Act)
On an application under the foregoing subsection . . .
may, by interim order, suspend the operation of the order or of any provision thereof, either generally or so far as may be necessary for the protection of the interests of the applicant, until the final determination of the proceedings; and
if satisfied that there was no power to make the order or that the interests of the applicant have been substantially prejudiced by a failure to comply with a requirement of this Act so far as regards the inclusion in the order of that provision, may quash the order, or any provision thereof, either generally or so far as may be necessary as aforesaid.
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Except as provided by this section, a harbour revision or empowerment order
The foregoing provisions of this section shall apply to a harbour reorganisation scheme confirmed
In relation to proceedings in Scotland, subsections (1A)(a) . . .
In relation to any challenge to an order to which subsection (7) below applies, an organisation mentioned in the definition of “the public concerned” in Article 1(2) of the Directive is deemed for the purposes of—
sub-paragraph (a) of Article 10a of that Directive to have an interest; and
sub-paragraph (b) of Article 10a to have rights capable of being impaired.
This subsection applies to a harbour revision or empowerment order authorising a project which—
falls within Annex I to the Directive; or
falls within Annex II to the Directive and is a relevant project.
In this section, “
A person who—
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shall be guilty of an offence and shall be liable—
on summary conviction, to imprisonment for a term not exceeding
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.
No person shall disclose any information furnished to him in pursuance of a requirement imposed under section . . .
with the consent of the person by whom it was furnished or, as the case may be, carrying on the undertaking to which related the books, records or other documents from which it was obtained; or
in the form of a summary of information so furnished by, or so obtained from documents relating to undertakings carried on by, a number of persons, being a summary so framed as not to enable particulars relating to the business of individual persons to be ascertained therefrom; or
for the purpose of enabling . . .
for the purposes of any legal proceedings (including arbitrations) or for the purposes of a report of any such proceedings as aforesaid;
and no person shall disclose anything contained in a forecast furnished to him in pursuance of a requirement under the said section 41 except with the consent of the person by whom the forecast was furnished, in the form of a summary of forecasts so furnished by a number of persons (being a summary framed as mentioned in subsection (1)(b) above), for such a purpose as is mentioned in subsection (1)(c) above or for such purposes as are mentioned in subsection (1)(d) above.
If a person makes a disclosure in contravention of this section he shall be guilty of an offence and liable—
on summary conviction, to imprisonment for a term not exceeding
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.
shall apply to an inquiry caused by the Minister or the Minister of Agriculture, Fisheries and Food to be held in England or Wales under any provision of this Act as they apply to an inquiry held under the said
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subsection (4) shall have effect as if references therein to the payment of costs by a local authority not being a party to the inquiry had been omitted; . . .
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and
The power to make an order as to costs under section 250(5) of the Local Government Act 1972 as applied by subsection (1) above shall be exercisable not only where the inquiry or hearing takes place but also where arrangements are made for it but it does not take place.
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and
The power to make an award as to expenses under section 210(8) of the Local Government (Scotland) Act 1973 as applied by subsection (2) above shall be exercisable not only where the inquiry or hearing takes place but also where arrangements are made for it but it does not take place.
to this Act shall, if the Minister or the Secretary of State so directs, be held by Commissioners under the Private Legislation Procedure (Scotland) Act 1936; and where any direction is so given—
it shall be deemed to have been given under section 2 as read with section 10 of the Statutory Orders (Special Procedure) Act 1945;
the publication and service of the proper notice required in connection with the making of the order or, as the case may be, the confirmation of the scheme which is the subject of the inquiry shall be deemed to be sufficient compliance with the requirements of the said section 2 with regard to the giving of notice by advertisement;
the last foregoing subsection shall not apply to such an inquiry; and
the said paragraphs shall have effect as if for any references therein to an inquiry and to the person who held the inquiry there were substituted references to an inquiry by the Commissioners and to the Commissioners.
Any document required or authorised by this Act to be given to or served on any person may be given or served either by delivering it to that person, or by leaving it at his proper address, or by post by means of the recorded delivery service.
Any such document required or authorised to be given to or served on an authority or body being a corporation shall be duly given or served if it is given to or served on the secretary or clerk of the authority or body.
For the purposes of this section and of
If the name or the address of any owner, lessee or occupier of land to or on whom any such document as aforesaid is to be given or served cannot after reasonable inquiry be ascertained by the authority, body or person seeking to give or serve the document, the document may be given or served by addressing it to the person to or on whom it is to be given or served by the description of “owner”, “lessee” or “occupier” of the land (describing it) to which the document relates, and by delivering it to some responsible person resident or appearing to be resident on the premises, or, if there is no such person to whom it can be delivered, by affixing it, or a copy of it, to some conspicuous part of the premises.
It shall be the duty of a harbour authority in formulating or considering any proposals relating to its functions under any enactment to have regard to—
the conservation of the natural beauty of the countryside and of flora, fauna and geological or physiographical features of special interest;
the desirability of preserving for the public any freedom of access to places of natural beauty; and
the desirability of maintaining the availability to the public of any facility for visiting or inspecting any building, site or object of archaeological, architectural or historic interest;
and to take into account any effect which the proposals may have on the natural beauty of the countryside, flora, fauna or any such feature or facility.
Where under this Act a document is required to be served on an owner of land, and the land is ecclesiastical property, a copy of the document shall be served on the
Where provision for the compulsory acquisition of land is included in such an order as aforesaid, the order must be so framed as to secure—
that if, at the time of the acquisition of any land in pursuance of that provision, the land is ecclesiastical property, any sum agreed upon or awarded for the acquisition of the fee simple of the land shall be paid to the
that any sum to be paid by way of compensation for damage sustained by reason of severance or injury affecting land that is ecclesiastical property (being severance or injury arising from the acquisition of land in pursuance of that provision) shall be so paid.
Any sum which, in pursuance of a provision included in an order in compliance with the last foregoing subsection, is paid to the
In this section the expression “
For the purposes of this Act, in reckoning any period which is therein, or in an order thereunder, expressed to be a period from a given date, that date shall be excluded.
“
Where a harbour owing to the operation of the foregoing subsection has ceased to be a marine work the provisions of the two next following subsections shall have effect in relation to that harbour.
Sections 16 and 18 of the
Until the coming into operation of an order under this Act of corresponding effect to any provision of Parts II, III and IV of the said Act of 1937, that provision shall continue to apply.
An interest in land in which there is a Crown or Duchy interest may, if the appropriate authority consent to the acquisition thereof, be acquired compulsorily by virtue of this Act, and a power (other than one to acquire land compulsorily) may, if the appropriate authority consent to its being so conferred, be conferred by a harbour revision or empowerment order in relation to land in which there is a Crown or Duchy interest.
In this section “
In the application of this section to Scotland—
in subsection (1) for references to a Crown or Duchy interest there shall be substituted references to a Crown interest;
subsection (2) shall not apply; and
“
in relation to land belonging to Her Majesty in right of the Crown and forming part of the Crown estate means the Crown Estate Commissioners, and, in relation to any other land belonging to Her Majesty in right of the Crown, means the government department having the management of that land; and
in relation to land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, means that department.
If any question arises as to what authority is the appropriate authority in relation to any land for the purposes of the last foregoing subsection, that question shall be referred to the Treasury, whose decision shall be final.
Paragraph 23 of the
Any power conferred by this Act on the Minister, the Minister of Agriculture, Fisheries and Food or the Secretary of State to make an order, or on the Minister to make regulations, shall be exercisable by statutory instrument.
A statutory instrument containing an order under section . . .
Subsection (4) below applies to a statutory instrument which—
contains a harbour revision order or a harbour empowerment order; and
falls within subsection (2) below.
A statutory instrument falls within this subsection if—
the order in question authorises the carrying out of work which would constitute a national development; or
the instrument is the subject of a direction by the Scottish Ministers under this paragraph.
In subsection (2) above and subsection (5) below, references to a “national development” are to any development (within the meaning of the Town and Country Planning (Scotland) Act 1997) for the time being designated under section 3A(4)(b) of that Act as a national development.
The statutory instrument—
is to be laid before the Scottish Parliament; and
cannot come into force unless the Scottish Parliament, by resolution, approves the instrument.
An instrument containing an order which revokes, amends or re-enacts an instrument laid before the Parliament under paragraph (a) of subsection (4) above is subject to the procedure in that subsection only if—
the order authorises the carrying out of work which would constitute a national development (other than a national development to which the instrument revoked, amended or re-enacted relates); or
the Scottish Ministers so direct.
Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against accordingly.
In the foregoing subsection, the expression “
In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say:—
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in relation to publication of a notice as respects a harbour or group of harbours in England or Wales, the London Gazette; and
in relation to the publication of a notice as respects a harbour or group of harbours in Scotland, the Edinburgh Gazette;
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the marking or lighting of a harbour or any part thereof;
the berthing or dry docking of a ship;
the warehousing, sorting, weighing or handling of goods on harbour land or at a wharf;
the movement of goods or passengers within the limits within which the person engaged in improving, maintaining or managing a harbour has jurisdiction or on harbour land;
in relation to a harbour (which expression for the purposes of this paragraph does not include a wharf)—
the towing, or moving of a ship which is in or is about to enter or has recently left the harbour;
the loading or unloading of goods, or embarking or disembarking of passengers, in or from a ship which is in the harbour or the approaches thereto;
the lighterage or handling of goods in the harbour; and
in relation to a wharf,—
the towing or moving of a ship to or from the wharf;
the loading or unloading of goods, or the embarking or disembarking of passengers, at the wharf in or from a ship;
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which, in the opinion of the Secretary of State and the Minister, is principally used or required for the fishing industry, or
which, being situated in one of the following
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unless the land is held on a long lease, means
if the land is held on a long lease, means the lessee under that lease; and
includes any other person who under the Lands Clauses Acts would be entitled to sell and convey or assign the land or the interest of lessee under such a long lease, as the case may be, to the promoters of an undertaking;
and “
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charges in respect of any ship for entering, using or leaving the harbour, including charges made on the ship in respect of marking or lighting the harbour;
charges for any passengers embarking or disembarking at the harbour (but not including charges in respect of any services rendered or facilities provided for them); and
charges in respect of goods brought into, taken out of, or carried through the harbour by ship (but not including charges in respect of work performed, services rendered or facilities provided in respect of goods so brought, taken or carried);
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References in this Act to a harbour which is being improved, maintained or managed by a harbour authority in the exercise and performance of statutory powers and duties shall be construed as references to a harbour which is being improved, maintained or managed by such an authority in the exercise of statutory powers, in the performance of statutory duties or in the exercise and performance of statutory powers and statutory duties, and cognate references shall be similarly construed.
Any reference in this Act to a buoy or beacon shall be construed as including a reference to any other mark or sign of the sea.
Any reference in this Act (elsewhere than in the foregoing provisions of this section or in section 39) to ship, passenger and goods dues shall be construed as including a reference to charges payable by persons using a ferry which is a marine work.
Any reference in this Act to any other enactment shall be construed as a reference to that enactment as amended by any other Act.
For the purposes of this Act neither an internal drainage board (within the meaning of the
The appropriate Minister may, subject to the provisions of this section, by order repeal or amend any provision relating to a harbour which is contained in a local Act passed before this Act or in a provisional order confirmed or made before this Act or any provision in the
The appropriate Minister shall not make an order under this section repealing or amending any provision in a local Act the Bill for which was promoted, or in a provisional order which was applied for, by a harbour authority or by any body who became a harbour authority by virtue of the Act or order or whose functions under the Act or order have became exercisable by a harbour authority, except on the application of that authority.
Before making an order under this section the appropriate Minister shall consult with any harbour authority who appear to him to be concerned, not being an authority by whom an application for the making of the order was made.
An order under this section may contain such transitional, supplemental or incidental provisions as appear to the appropriate Minister to be expedient.
In this section “
There shall be defrayed out of moneys provided by Parliament any increase attributable to this Act in the sums payable out of moneys so provided by way of Rate-deficiency Grant or Exchequer Equalisation Grant under the enactments relating to local government in England and Wales or in Scotland.
This Act may be cited as the Harbours Act 1964.
This Act . . .
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Sections 26 to 40 of this Act, and the last foregoing subsection, shall come into operation on such day as the Minister may by order appoint.