S. 42 substituted by Transport Act 1981 (c. 56), Sch. 6 para. 10
S. 42(2) substituted by Companies Act 1989 (c. 40), 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), s. 30, Sch. 2
Words substituted by Companies Act 1989 (c. 40), 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Words repealed (subject to savings in S.I. 1990/355, arts. 5, 8, Sch. 3 para. 1) by Companies Act 1989 (c. 40, SIF 27), ss. 23, 212, Sch. 10 para. 26(3)(b), Sch. 24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), 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 in s. 42(11)(a) inserted (2.7.2012) by The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 3 para. 2(5) (with
S. 42 extended by Transport Act 1981 (c. 56), Sch. 4 para. 1(2)(3)
S. 42 extended by Pilotage Act 1987 (c. 21), s. 14(1)
S. 42: transfer of functions (1.4.2018) by Wales Act 2017 (c. 4), ss. 29(2)(b)(vii), 71(4) (with Sch. 7 paras. 1, 6, 9); S.I. 2017/1179, reg. 3(g) (with transitional provisions and savings in S.I. 2018/278, reg. 2, Sch.)
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)
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—
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“
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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.