Part II Reconstitution of British Transport Docks Board

14 Provisions supplementary to ss. 5 to 13.

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;

  • “shares” 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.