(1)The provisions of Part I of Schedule 4, being provisions supplementary to or consequential on the other provisions of this Part, have effect as from the appointed day.
(2)The other provisions of this Part have effect subject to the transitional provisions and savings contained in Part II of that Schedule.
(3)In this Part—
“the appointed day” has the meaning given by section 5(4);
“enactment” means any provision of a public general Act, of a local, private or personal Act, of a provisional order confirmed by an Act or any regulations, order, scheme, byelaws or similar instrument made under an Act;
“harbour” has the same meaning as in the M1Harbours Act 1964;
“the Holding Company”, subject to section 13(1), means the company designated by the Secretary of State under section 5(3);
“pension”, in relation to a person, means a pension, whether contributory or not, of any kind whatsoever payable to or in respect of him, and includes a gratuity so payable and a return of contributions to a pension fund, with or without interest thereon or any other addition thereto and any sums payable on or in respect of the death of that person;
“pension fund” means a fund established for the purposes of paying pensions;
“pension scheme” includes any form of arrangement for the payment of pensions, whether subsisting by virtue of an Act of Parliament, trust, contract or otherwise;
“port facilities” means—
(a)the constructing, improving, maintaining, regulating, managing, marking or lighting of a harbour or any part thereof;
(b)the berthing, towing, moving or dry-docking of a ship which is in, or is about to enter, or has recently left, a harbour;
(c)the loading or unloading of goods, or embarking or disembarking of passengers, in or from any such ship;
(d)the lighterage or the sorting, weighing, warehousing or handling of goods in a harbour; and
(e)the movement of goods within a harbour;
“” includes stock;
“securities”, in relation to a body corporate, includes debentures, debenture stock, bonds and other securities of the body corporate, whether or not constituting a charge on the assets of that body;
“subsidiary” means a subsidiary as defined in [F1section 1159 of the Companies Act 2006];
“wholly-owned subsidiary” means a subsidiary all the issued shares of which are beneficially owned by the body of which it is a subsidiary, or by one or more other wholly-owned subsidiaries of that body, or partly by that body and partly by any wholly-owned subsidiary of that body.
(4)References in this Part to Associated British Ports’ business or undertaking include any business or undertaking carried on by a subsidiary of Associated British Ports.
(5)References in this Part to Associated British Ports’ harbours include any harbour for the time being owned or managed by Associated British Ports or by any of its subsidiaries.
Textual Amendments
F1Words in s. 14(3) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 48(4) (with art. 10)
Marginal Citations