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Part IIIU.K. Miscellaneous Provisions relating to Merchant Shipping etc.

Financing and administration of lighthouse serviceU.K.

41 Joint discharge of functions by general lighthouse authorities.U.K.

The following section shall be inserted after section 634 of the 1894 Act—

634A Joint discharge of functions by general lighthouse authorities.

(1)Two or more of the general lighthouse authorities may discharge any of their functions jointly; and for that purpose—

(a)those authorities may share any part of their respective establishments, and

(b)any of them may, in the area of another and on that other’s behalf, execute any works or do any other thing which the authority have power to execute or do in their own area;

and any enactment relating to the functions in question or to the authorities by whom or the areas in which those functions are to be discharged shall be construed accordingly.

(2)Any expenses incurred by any of the general lighthouse authorities in pursuance of this section shall be apportioned between that authority and the other authority or authorities concerned in such manner as may be agreed between them or (in default of agreement) determined by the Secretary of State.

42 Borrowing powers in connection with lighthouse expenditure.U.K.

(1)The following sections shall be substituted for section 662 of the 1894 Act—

662 Borrowing powers of general lighthouse authorities.

(1)A general lighthouse authority may, with the consent of the Secretary of State and the Treasury, borrow money for the purpose of defraying any expenses incurred or to be incurred by the authority in connection with the discharge of their functions under this Act.

(2)A general lighthouse authority may, in connection with any advance to them under this section, mortgage any land or other property belonging to them.

(3)Any sums payable by a general lighthouse authority under the terms of an advance under this section by way of principal, interest or otherwise shall be paid out of the General Lighthouse Fund.

662A Limit on borrowings under s. 662.

(1)The aggregate amount outstanding in respect of the principal of any sums borrowed under section 662 of this Act shall not at any time exceed £100 million.

(2)The Secretary of State may, by order made by statutory instrument with the approval of the Treasury, increase or further increase that limit, but not by more than £33 million at a time.

(3)An order shall not be made under subsection (2) of this section unless a draft of the order has been laid before and approved by a resolution of the House of Commons.

662B Guarantees by Secretary of State.

(1)The Secretary of State with the consent of the Treasury may guarantee, in such manner and on such conditions as he thinks fit, the repayment of the principal of, the payment of interest on, and the discharge of any other financial obligation in connection with, any sums borrowed by a general lighthouse authority under section 662 of this Act.

(2)Immediately after a guarantee is given under this section, the Secretary of State shall lay a statement of the guarantee before each House of Parliament, and where any sum is issued for fulfilling a guarantee so given the Secretary of State shall, as soon as possible after the end of each financial year beginning with that in which the sum is issued and ending with that in which all liability in respect of the principal of the sum and in respect of interest thereon is finally discharged, lay before each House of Parliament a statement relating to that sum.

(3)Any sums required by the Secretary of State for fulfilling any guarantee under this section shall be paid out of money provided by Parliament.

(4)If any sums are issued in fulfilment of any guarantee given under this section there shall be made to the Secretary of State out of the General Lighthouse Fund, at such times and in such manner as the Secretary of State may determine with the consent of the Treasury, payments of such amounts as the Secretary of State may so determine in or towards repayment of the sums so issued, and payments of interest on what is outstanding for the time being in respect of sums so issued at such rate as the Secretary of State may so determine.

(5)The Secretary of State, with the consent of the Treasury, may vary or revoke any determination made by him under subsection (4) of this section.

(6)Any sums received by the Secretary of State under that subsection shall be paid into the Consolidated Fund.

(2)In consequence of subsection (1) above, section 663 of the 1894 Act (power of Public Works Loan Commissioners to advance money on security of mortgage effected under section 662 of that Act as originally enacted) shall cease to have effect.

43 Payment out of General Lighthouse Fund of certain expenses of Secretary of State.U.K.

The following sections shall be inserted after section 2 of the M1Merchant Shipping (Mercantile Marine Fund) Act 1898—

2A Payment out of Fund of Secretary of State’s expenses relating to certain navigational aids.

(1)There shall be paid out of the General Lighthouse Fund—

(a)any expenses (whether of a capital nature or not) incurred by the Secretary of State in pursuance of any international agreement relating to the provision of an electronic position-fixing system which is intended as an aid to the navigation of ships ; and

(b)any expenses incurred by the Secretary of State preliminary to his entering into any such agreement.

(2)Any sums received by the Secretary of State in pursuance of any such agreement in respect of—

(a)expenses incurred by him as mentioned in subsection (1)(a) of this section, or

(b)expenses incurred by any of the general lighthouse authorities which, by virtue of any enactment, are payable out of the General Lighthouse Fund,

shall be paid into the Fund.

2B Payment out of Fund of administrative expenses of Secretary of State.

There shall be paid out of the General Lighthouse Fund such sums as the Secretary of State may determine for the purposes of this section, being sums which appear to him to represent the amount or estimated amount of any expenses incurred or likely to be incurred by him in connection with the administration of the Fund.

Marginal Citations