Docks and Harbours Act 1966

1966 CHAPTER 28

An Act make further provision for regulating the employment of dock workers, including provision for compensating persons prohibited from employing, or working on their own account as, dock workers and for raising sums required for paying such compensation; to make provision for welfare amenities in ports; to confer additional powers on harbour authorities; to provide for the assumption by harbour authorities as successors to certain other harbour authorities of a proportion of the debts of those other authorities; to make further provision for giving financial assistance in connection with the construction and improvement of harbours and the carrying out of harbour operations, and with respect to the orders and schemes which may be made under the Harbours Act 1964, the charges which may be made by certain harbour authorities and lighthouse authorities, the policing of harbours and the furnishing of information and forecasts and the promotion of research, training and education under that Act; and for purposes connected with the matters aforesaid.

[9th August 1966]

Commencement Information

I1 Act not in force at Royal Assent see s. 60(2)-(4).

F1 Part I E+W+S Control of Employment of Dock Workers

Textual Amendments

F1 Pt. I (ss. 1–24) repealed by Dock Work Act 1989 (c. 13, SIF 43:1), s. 7(1)(5), Sch. 1 Pt. I, Sch. 2 para. 9

. . . F1 E+W+S

F2 Part II E+W+S Welfare Amenities

Textual Amendments

F2 Pt. II (ss. 25–35) repealed by Dock Work Act 1989 (c. 13, SIF 43:1), s. 7(1), Sch. 1 Pt. I

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 E+W+S

Part III E+W+S Harbours

36 Power of harbour authorities to provide inland clearance depots. E+W+S

(1) A harbour authority may provide, maintain and operate, either alone or together with any other person and either on harbour land or with the consent of the Minister elsewhere, depots for the sorting of goods, with facilities for the reception, storage, weighing and handling of goods, and may do anything appearing to the authority to be requisite, convenient or advantageous for or in connection with the discharge of the foregoing function.

(2) Notwithstanding anything in section 14(2)(b) or section 16(5) of the 1964 Act (conditions precedent for making harbour revision orders and harbour empowerment orders) a harbour revision order or a harbour empowerment order may be made if the Minister proposing to make it is satisfied that the making of the order is desirable in the interests of securing the efficient operation of a depot for the sorting of goods which are to be loaded or have been unloaded in the harbour to which the order relates and, in the case of a harbour revision order, that there has been such an application for the order as is mentioned in section 14(2)(a) of that Act.

(3) A harbour authority which is maintaining a depot for the sorting of goods may make and recover from the persons using the depot or any services or facilities provided thereat reasonable charges for their use.

(4) In the following provisions of the 1964 Act, that is to say, sections 14 (harbour revision orders) and 18 (harbour reorganisation schemes) and Schedule 2 (objects for which harbour revision orders may be made), references to a harbour shall be construed as including references to a depot provided under this section.

(5) Nothing in this section shall affect the power of the Commissioners of Customs and Excise under the enactments relating to customs and excise to approve places for the loading, unloading, deposit, keeping or securing of goods or the conditions and restrictions subject to which approval may be given to any such places.

Modifications etc. (not altering text)

C1 S. 36: transfer of functions (1.4.2018) by Wales Act 2017 (c. 4), ss. 29(2)(c)(i), 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.)

37 Power of harbour authorities to acquire a harbour business or shares in a harbour business. E+W+S

(1) Subject to the provisions of this section, a harbour authority, not being one of the Boards, may acquire by agreement any business or undertaking which consists wholly or mainly of the carrying out of [F3 activities relating to harbours] or of the provision, maintenance or operation of any such depot as is mentioned in the last foregoing section, or so much of any business or undertaking as consists of the carrying out of [F3 activities relating to harbours] or of the provision, maintenance or operation of any such depot.

(2) Subject as aforesaid, a harbour authority, not being one of the Boards, may subscribe for or acquire any securities of a body corporate which is wholly or mainly engaged or which it is proposed should become wholly or mainly engaged in carrying out [F4 activities relating to harbours] or in providing, maintaining or operating any such depot.

[F5 (2A) Nothing in subsection (2) above shall be construed as authorising a harbour authority to delegate to another body any function that it could not delegate apart from that subsection.]

F6 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In this section “securities”, in relation to a body corporate, means any shares, stock, debentures, debenture stock, and any other security of a like nature, of the body corporate.

Textual Amendments

F3 Words in s. 37(1) substituted (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(2)(a); S.I. 1992/1347, art. 2, Sch. (subject to art. 3)

F4 Words in s. 37(2) substituted (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(2)(b); S.I. 1992/1347, art. 2, Sch. (subject to art. 3)

F5 S. 37(2A) inserted (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(2)(c); S.I. 1992/1347, art. 2, Sch. (subject to art. 3)

F6 S. 37(3) repealed (15.7.1992) by Transport and Works Act 1992 (c. 42), ss. 63(2)(d), 68(1), Sch. 4 Pt. II; S.I. 1992/1347, art. 2, Sch. (subject to art. 3)

Modifications etc. (not altering text)

C2 Ss. 37, 39 extended by Transport Act 1981 (c. 56, SIF 126), s. 14(1), Sch. 4 Pt. I para. 1(2)(c)

C3 S. 37(1) applied (S.) (1.1.2000) S.S.I. 1999/200, art. 7(1)

38 Miscellaneous powers of harbour authorities. E+W+S

(1) A harbour authority may for the purpose of any of its statutory powers or statutory duties acquire by agreement any land wherever situated.

(2) A harbour authority may carry out any harbour operations except the marking or lighting of a harbour or any part thereof, either within the limits within which the authority has jurisdiction or on harbour land.

39 Borrowing powers of harbour authorities. E+W+S

(1) The purposes for which a harbour authority, not being one of the Boards, may borrow money under any statutory provision shall include power to borrow it for any of the following purposes:—

(a) meeting any expenses properly chargeable to capital, being expenses incurred in connection with the provision or improvement of assets in connection with any activity in which the authority has power to engage;

(b) acquiring a business or undertaking or part of a business or undertaking in the exercise of powers conferred by section 37 of this Act or any other statutory provision;

(c) subscribing for or acquiring any securities (within the meaning of that section) of a body corporate in the exercise of any such powers as aforesaid.

(2) So much of any statutory provision of local application as limits the rate of interest at which a harbour authority may borrow money shall cease to have effect; . . . F7

Textual Amendments

F7 Words repeal Sea Fish Industry Act 1962 (c. 31), s. 28

Modifications etc. (not altering text)

C4 Ss. 37, 39 extended by Transport Act 1981 (c. 56, SIF 126), s. 14(1), Sch. 4 Pt. I para. 1(2)(c)

40 Extension of power to make grants and loans for execution of harbour works, etc. E+W+S

(1)—(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

(5) The expenses in respect of which loans may be made to a harbour authority under section 11(1) of the 1964 Act (loans to harbour authorities for the execution of harbour works, etc.) shall include expenses incurred by a harbour authority—

(a) in executing works for the construction, in the exercise and performance of statutory powers and duties, of a harbour which the authority proposes to become engaged in improving, maintaining or managing;

(b) in acquiring plant or equipment required for the carrying out of harbour operations at a harbour which the authority is constructing or proposing to construct as aforesaid;

(c) in acquiring land for the purpose of so constructing a harbour.

Textual Amendments

F8 S. 40(1)–(4) repealed by Transport Act 1981 (c. 56, SIF 58), s. 40, Sch. 12 Pt. II

41 Transfer of the Boards’ debts to other harbour authorities. E+W+S

(1) Where a harbour revision order or harbour reorganisation scheme provides for the transfer of property, rights and liabilities of one of the Boards (hereafter in this section referred to as “the Board”) to some other authority or body (hereafter in this section referred to as “the new authority”), the Minister may, with the approval of the Treasury, direct that the new authority shall assume, as from the date of the transfer, a debt to him of an amount determined under the next following subsection.

(2) The amount of the said debt—

(a) shall be determined by the Minister; and

(b) shall be equal to so much of the amounts outstanding of the Board’s commencing capital debt [F9 under section 39 of the M1 Transport Act 1962 or Schedule 2 to the M2 Transport Act 1968], and of the principal of any loan made to the Board by the Minister under section 20 of [F9 the M3 Transport Act 1962] as the Minister may think proper having regard to the property, rights and liabilities transferred from the Board by the order or scheme.

(3) Where the Minister gives a direction under this section for the assumption of a debt by a new authority, the commencing capital debt of the Board under [F9 the said section 39 or Schedule 2] and the principal of any loan made to the Board by the Minister under [F9 the said section 20] shall be deemed to have been reduced, as from the date of the transfer of the property, rights and liabilities to which the order or scheme relates, by amounts equal in the aggregate to the amount of the debt assumed by the new authority.

(4) A direction under subsection (1) of this section may include such provision as the Minister thinks appropriate for making consequential alterations of the Board’s obligations with respect to its commencing capital debt or any such loan as aforesaid or such provision as could be included in a direction under section 39(6) or, as the case may be, section 20(2) of the said Act of 1962 (terms of repayment and the like) or provisions of both descriptions.

(5) Subject to subsection (7) of this section, the rate of interest payable on the debt so assumed by the new authority, the time when the principal is to be paid off and the other terms of the debt shall be such as the Minister may with the approval of the Treasury from time to time direct.

(6) The Minister may require a new authority by whom a debt is so assumed to give such security for the debt as he may require, and the new authority may give such security.

(7) The Minister may, before giving any direction under this section for the assumption of a debt by a new authority, estimate the amount of the debt to be assumed by the authority and require the authority to make him, on dates specified in the requirement, provisional repayments of the principal of the debt and provisional payments by way of interest on the estimated amount of the debt; and the liability of the Board to make payments of principal or interest under sections 39(6) or 20(2) of the M4 Transport Act 1962 shall be reduced on those respective dates by amounts equal respectively to the amounts of the payments on those dates.

(8) Provisional payments under the last foregoing subsection shall be on account of the repayments of the principal and payments of interest under subsection (5) of this section; and directions under this section may impose such requirements on the Board and the new authority as appear to the Minister expedient for the purpose of making adjustments of sums underpaid or overpaid by way of principal or interest.

(9) Any sums received by the Minister by way or repayment of, or interest on, the debt assumed by the new authority under this section shall be paid into the [F10 National Loans Fund] . . . F11

(10) The Minister shall, as respects each financial year, prepare in such form and manner as the Treasury may direct an account of any debt assumed by a new authority under this section and of the sums to be paid into the [F10 National Loans Fund] under the last foregoing subsection and of the disposal by him of any sum so paid, and send it to the Comptroller and Auditor General not later than the end of November following that year; and the Comptroller and Auditor General shall examine, certify and report on the account and lay copies of it, together with his report, before each House of Parliament.

Textual Amendments

F9 Words substituted by Transport Act 1968 (c. 73), Sch. 16 para. 8(3)

F10 Words substituted by National Loans Act 1968 (c. 13), Sch. 1

F11 Words repealed by National Loans Act 1968 (c. 13), Sch. 6 Pt. I

Modifications etc. (not altering text)

C5 S. 41 modified by Transport Act 1968 (c. 72), Sch. 16 para. 8(2)(4)

Marginal Citations

M1 1962 c. 46.

M2 1968 c. 73.

M3 1962 c. 46.

M4 1962 c. 46.

42 Further provision as to harbour reorganisation schemes. E+W+S

(1) A harbour reorganisation scheme may include, as respects any harbour authority (including a body which is to be a harbour authority under the scheme) to which statutory powers or duties are transferred by the scheme or as respects any harbour which under the scheme is to be managed by that authority,—

(a) provisions imposing duties or conferring powers for any of the objects specified in sub-paragraphs (a) to (c) of paragraph 3 of Schedule 2 to the 1964 Act (objects for which harbour revision orders may be made), including powers to make byelaws;

(b) provisions for any of the objects specified in paragraphs 6 to 17 of that Schedule; and

(c) provisions which may be included in a harbour revision order by virtue of section 14(3) of that Act (consequential and incidental provisions).

(2) A provision authorising the compulsory acquisition of land which is included by virtue of this section in a harbour reorganisation scheme shall be treated for the purposes of section 18(3) of the 1964 Act (maps) and Schedule 4 to that Act ([F12 confirmation and making] of such schemes) as a provision transferring an interest in land; and—

(a) [F13 the Minister may, if an objection is made to any provision authorising the compulsory purchase of land, instead of causing an inquiry to be held under sub-paragraph . . . F14 (5) of paragraph 3 of that Schedule, afford an opportunity to the objector, and if the latter avails himself of the opportunity, to the person who submitted the scheme and any other persons to whom it appears to the Minister expedient to afford it, of appearing before and being heard by a person appointed by the Minister for the purpose, and . . .]F14

(b) [F15 paragraph 25] of Schedule 3 to that Act (provision for compulsory acquisition of land of statutory undertakers in harbour revision orders) shall apply in relation to [F16 the submission to the Secretary of State of a harbour reorganisation scheme and to a proposal by the Secretary of State to make such a scheme of his own motion as it applies in relation to the making of] an application for a harbour revision order.

(3) If a provision authorising the execution of works on any land is included in a harbour reorganisation scheme by virtue of this section, the notice required to be published by paragraph 2(a) of Schedule 4 to that Act (publication of notice of such a scheme) shall contain, in addition to the other matters required to be contained in the notice, a general description of the nature of the works and the land on which it is proposed to execute them.

(4) In accordance with subsection (1) of this section—

(a) the reference in paragraph (i) of section 18(2) of the 1964 Act to the foregoing paragraphs of that subsection shall be construed as including a reference to subsection (1) of this section; and

(b) the references in section 52 (application to the Crown) and section 53 (saving for telegraphic lines) of that Act to a harbour revision order shall be construed as including references to a harbour reorganisation scheme.

Textual Amendments

F12 Words substituted by Transport Act 1981 (c. 56, SIF 58), s. 18, Sch. 6 para. 6(8)(a)

F13 S. 42(2)(a) 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

F14 Words repealed by Transport Act 1981 (c. 56, SIF 58), s. 40, Sch. 12 Pt. II

F15 Words in s. 42(2)(b) substituted (1.2.2000) by S.I. 1999/3445, reg. 15(5), Sch. 4 para. 1

F16 Words substituted by Transport Act 1981 (c. 56, SIF 58), s. 18, Sch. 6 para. 6(8)(b)

Modifications etc. (not altering text)

C6 S. 42: transfer of functions (1.4.2018) by Wales Act 2017 (c. 4), ss. 29(2)(c)(ii), 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.)

43 Provisions for pensions in, or in consequence of, harbour reorganisation schemes. E+W+S

(1) In paragraph (h) of section 18(2) of the 1964 Act (preservation(with or without adjustment) of pension and similar rights) after the word “adjustment)” there shall be inserted the words “or otherwise securing”.

(2) The reference in that paragraph to rights as respects pensions, gratuities or other like benefits and any reference to pension rights in section 19 of that Act (compensation, among other things, for loss of pension rights) shall be construed as including a reference to all forms of right to or eligibility for the present or future payment of a pension, gratuity or other like benefit, and any expectation of the accruer of such a benefit under any customary practice, and any right of allocation in respect of the present or future payment of such a benefit and to the return of contributions to a pension fund.

(3) The provisions which may be contained in a harbour revision order or harbour reorganisation scheme by virtue of section 14(3) or 18(2)(i) of the 1964 Act (power to include supplementary provisions in such orders and schemes, including provisions repealing or amending statutory provisions of local application) shall include such provisions repealing or amending any general Act, or varying or revoking any order made under any general Act, or any trust or other arrangement, as appear to the Minister making or confirming the order or scheme to be necessary or expedient for the purpose of any provision of the order or scheme made by virtue of paragraph 15 of Schedule 2 to that Act (welfare and pensions and similar benefits of harbour authority’s staff) or section 18(2)(h) of that Act, as the case may be.

Modifications etc. (not altering text)

C7 S. 43: transfer of functions (1.4.2018) by Wales Act 2017 (c. 4), ss. 29(2)(c)(ii), 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.)

C8 The text of ss. 43(1), 44(1)–(7), 46(4), Sch. 2 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.

C9 In s. 43(2) “that Act” means Harbours Act 1964 (c. 40) and “that paragraph” means s. 18(2)(h) of that Act

44 Right to challenge harbour revision orders, etc., in legal proceedings. E+W+S

(1) Section 44 of the 1964 Act (which entitles persons to question certain orders and schemes under that Act on the grounds that a requirement of the Act was not complied with in relation to a provision authorising compulsory acquisition of alnd, but limits the right to challenge those orders and schemes) shall be amended as provided by this section.

(2) In subsection (1), for the word “or” in the third place where it occurs there shall be substituted the wors “on the ground that there was no power to make the order or that a requirement of this Act was not complied with in relation to the order or who desires to question”, and after the word “ground” there shall be inserted the words “that there was no power to make the order or”.

(3) After subsection (1) there shall be inserted the following subsection:—

“(1A) On an application under the foregoing subsection relating to a harbour revision or empowerment order, the court—

(a) may, by interim order, suspend the operation of the order or of any provisions 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

(b) 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, may quash the order, or any provision thereof, either generally or so far as may be necessary as aforesaid.”

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

(5) In subsection (3), for the word “or” in the second place where it occurs there shall be substituted the words “shall not, either before or after it is made, be questioned in any legal proceedings whatever, and”.

(6) For subsection (4) there shall be substituted the following subsection—

“(4) The foregoing provisions of this section shall apply to a harbour reorganisation scheme confirmed by the Minister as they apply to a harbour revision order, with the substitution for references to the making of the order and to its being made of references respectively to the confirmation of the scheme and to its being confirmed.”

(7) In subsection (5), for the word “subsection” there shall be substituted the words “subsections (1A)(a) and”.

(8) The said section 44 shall accordingly have effect as set out in Schedule 2 to this Act.

Textual Amendments

F17 S. 44(4) repealed by Transport Act 1981 (c. 56, SIF 58), s. 40, Sch. 12 Pt. II

Modifications etc. (not altering text)

C10 The text of ss. 43(1), 44(1)–(7), 46(4), Sch. 2 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.

45 Settlement of disputes under harbour revision orders, etc E+W+S

It is hereby declared for the avoidance of doubt that the consequential or incidental provisions which may be included in a harbour revision order by virtue of section 14(3) of the 1964 Act, in a harbour empowerment order by virtue of section 16(6) of that Act or in a harbour reorganisation scheme by virtue of section 18(2)(i) of that Act include provision for the settlement by a court or otherwise of any dispute or other matter arising in connection with any of the other provisions of the order or scheme.

46 Harbour charges and local light dues. E+W+S

(1) It is hereby declared that the first reference in section 27(1) of the 1964 Act (relaxation of limitations on harbour charges) to any limitation imposed on the discretion of a harbour authority as to charges of any description is a reference to such a limitation imposed by specifying or providing for specifying the charges to be levied, or fixing or providing for fixing charges, or otherwise, and the reference in section 29(1) of that Act (relaxation of limitations on local light dues) to limiting the like discretion of a local lighthouse authority shall be similarly construed.

(2) The repeal effected by the said section 29(1) in any statutory provision limiting any such discretion of a local lighthouse authority which is not a harbour authority shall extend to any statutory provision limiting any such discretion of a local lighthouse authority which is a harbour authority.

(3) Any charge exigible or imposed by a local lighthouse authority by virtue of or under a statutory provision not contained in the 1964 Act shall be treated for the purposes of the following provisions of that Act, that is to say, section 30 (keeping lists of charges), section 35 (objections to, and revision of, charges) and the provisions applied by the said section 35, as if it were exigible or imposed, as the case may be, by virtue of or under section 29 of that Act.

(4) In accordance with the foregoing provisions of this section the following words in the 1964 Act shall cease to have effect, that is to say—

(a) in section 29(1), the words “if the authority are not a harbour authority” ;

(b) in section 30(2), the words “who are not a harbour authority” ;

(c) in section 35, the words “who are not a harbour authority”, wherever occurring.

Modifications etc. (not altering text)

C11 The text of ss. 43(1), 44(1)–(7), 46(4), Sch. 2 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.

F18 47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F18 S. 47 repealed (1.2.2001) by 2000 c. 38, s. 274, Sch. 31 Pt. IV; S.I. 2000/57,art. 3, Sch. 2 Pt. I (subject to transitional provision and saving in Pt. II of the said Sch. 2)

48, 49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19 E+W+S

Textual Amendments

F19 Ss. 48, 49 repealed by Transport Act 1981 (c.56, SIF 58), s. 40, Sch. 12 Pt. II

50 Supplementary. E+W+S

(1) This Part of this Act and the 1964 Act shall have effect as if this Part of this Act were part of that Act.

(2) The powers conferred by this Part of this Act on harbour authorities shall be in addition to and not in derogation from any powers conferred on harbour authorities otherwise than by this Part of this Act.

Part IV E+W+S Miscellaneous and General

51—57. References of disputes about meaning of “dock work” to a tribunal. E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

Textual Amendments

F20 Ss. 51–57 repealed by Dock Work Act 1989 (c. 13, SIF 43:1), s. 7(1), Sch. 1 Pt. I

58 Interpretation. E+W+S

[F21 (1) In this Act “the 1964 Act” means the Harbours Act 1964.]

(2)—(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22

(6) References in this Act to any enactment shall, except where the context otherwise requires, be construed as references to that enactment as amended, extended or applied by or under any other enactment, including any enactment contained in this Act.

Textual Amendments

F21 Words substituted by Dock Work Act 1989 (c. 13, SIF 43:1), s. 7(3)

F22 S. 58(2)–(5) repealed by Dock Work Act 1989 (c. 13, SIF 43:1), s. 7(1), Sch. 1 Pt. I

59 Power to amend Acts of local application. E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23

Textual Amendments

F23 S. 59 repealed by Dock Work Act 1989 (c. 13, SIF 43:1), s. 7(1), Sch. 1 Pt. I

60 Short title, commencement and extent. E+W+S

(1) This Act may be cited as the Docks and Harbours Act 1966.

(2)—(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24

(5) This Act shall not extend to Northern Ireland.

Textual Amendments

F24 S. 60(2)–(4) repealed by Dock Work Act 1989 (c. 13, SIF 43:1), s. 7(1), Sch. 1 Pt. I

SCHEDULES

SCHEDULE 1 E+W+S . . . F25

Textual Amendments

F25 Sch. 1 repealed by Dock Work Act 1989 (c. 13, SIF 43:1), s. 7(1), Sch. 1 Pt. I

Section 44.

SCHEDULE 2 E+W+S SECTION 44 OF 1964 ACT AS AMENDED

Modifications etc. (not altering text)

C12 The text of ss. 43(1), 44(1)–(7), 46(4), Sch. 2 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.

44 (1) A person who desires to question any such order as follows, namely a harbour revision or empowerment order (not being one confirmed by an Act of Parliament under section 6 of the M5 Statutory Orders (Special Procedures) Act 1945, or under section 2(4), as read with section 10, of that Act) on the ground that there was no power to make the order or that a requirement of this Act was not complied with in relation to the order, or who desires to question an order under section 20 of this Act, on the ground that there was no power to make the order or that a requirement of this Act was not complied witg in relation to the order so far as regards the inclusion therein of a provision authorising the compulsory acquisition of a parcel of land may, within six weeks from the date on which the order becomes operative under the said Act of 1945 (or, in the case of an order made under the said section 20, six weeks from the date on which it is made), make an application for the purpose to the High Court or the Court of Session, as the case may be. E+W+S

(1A) On an application under the foregoing subsection relating to a harbour revision or empowerment order, the court—

(a) 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

(b) if satisfied that there was no power to make the order or that the interests of the applicant have been substantiallyprejudiced by a failure to comply with a requirement of this Act, may quash the order, or any provision thereof, either generally or so far as may be necessary as aforesaid.

(2) On an application under subsection (1) of this section relating to an order under section 20 of this Act, the court—

(a) may, by interim orvder, suspend the operation of the provision in question, wither 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

(b) if satisfied that there was no power to make the order or that the interests of the applicant have been substantially prejudiced by 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.

(3) Except as provided by this section, a harbour revision or empowerment order shall not, either before or after it is made, be questioned in any legal proceedings whatever, and an order under section 20 of this Act shall not, either before or after it is made, be questionrd in any legal proceedings whatever so far as regards the inclusion therein of a provision authorising the compulsory acquisition of a parcel of land.

(4) The foregoing provisions of this section shall apply to a harbour reorganisation scheme confirmed by the Minister as they apply to a harbour revision order, with the substitution for references to the makin of the order and to its being made of references respectively to the confirmation of the scheme and to its being confirmed.

(5) In relation to proceedings in Scotland, subsections (1A)(a) and (2)(a) of this section shall have effect as if the words “by interim order” were omitted.

Marginal Citations

M5 1945 c. 18