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Harbours Act 1964

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This is the original version (as it was originally enacted).

Exchequer Assistance for Execution of harbour Works, &c

11Loans for execution of harbour works,

(1)Subject to the provisions of this section, the Minister, with the approval of the Treasury and after consulting the Council, may, out of moneys which, by virtue of the following provisions of this Act, are issued to him for the purpose out of the Consolidated Fund, give to a harbour authority assistance by way of loan—

(a)in respect of expenses incurred by them—

(i)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;

(ii)in acquiring plant or equipment required for the carrying out at the harbour of harbour operations;

(iii)in acquiring land required for the purposes of the harbour or an extension thereof;

(b)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.

(2)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.

(3)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.

(4)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.

12Grants for execution of harbour works,

(1)Subject to the provisions of this section, the Minister, with the approval of the Treasury and after consulting the Council, may, out of moneys provided by Parliament, give to a harbour authority assistance by way of grant—

(a)in respect of expenses incurred by them such as are mentioned in paragraph (a) of section 11(1) of this Act;

(b)to enable them to pay the whole or part of a sum due by way of payment of interest on a loan made to them by virtue of that paragraph.

(2)Subsection (2) of the last foregoing section shall apply to assistance given under this section in respect of such expenses as are mentioned in that subsection.

(3)No assistance shall be given under subsection (1) of this section for the payment of interest on a loan for any period beginning more than five years from the date on which the loan was made.

(4)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 pay interest on a loan unless at that time the harbour is neither a fishery harbour nor a marine work.

13Maximum amount of loans and grants under sections 11 and 12, and cesser of certain other powers to give financial assistance

(1)The aggregate amount of loans and of grants together made under the two last foregoing sections by the Minister shall not exceed £50,000,000 or, if so provided by a resolution of the Commons House of Parliament, £100,000,000.

(2)No advance shall be made after the passing of this Act under section 17(1) of the Ministry of Transport Act 1919 by the Minister for the construction, improvement or maintenance of a harbour, dock or pier, and no advance or loan shall be made—

(a)under section 3 of the Harbours and Passing Tolls, &c. Act 1861 or section 9 of the Public Works Loans Act 1875 by the Public Works Loan Commissioners for carrying any shipping purpose into effect at a harbour which is not for the time being a fishery harbour or marine work;

(b)under the said section 9 by those Commissioners for the purposes of a dock or pier elsewhere than at a harbour which is for the time being a fishery harbour or marine work or for the purposes of a harbour which is not for the time being a fishery harbour or marine work;

unless those Commissioners have agreed before the passing of this Act to make it.

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