C1Part I Transfer of Statutory Port Undertakings
Supplementary
20 Interpretation of Part I.
1
In this Part—
“accounting year”, in relation to a relevant port authority, means any period in respect of which the authority are required under section 42 of the M1Harbours Act 1964 to prepare annual statements of accounts;
“the appropriate Minister” means, in relation to any body which is or immediately before a transfer under section 2 above was a relevant port authority, the Minister concerned with the relevant harbour or harbours or, where there is more than one Minister so concerned, both or all of those Ministers acting jointly; and
“the Gazette” means—
a
in relation to the publication of a notice under section 9(3)(a) or 12(3) affecting a harbour in England or Wales, the London Gazette; and
b
in relation to the publication of such a notice affecting a harbour in Scotland, the Edinburgh Gazette.
2
For the purposes of the definition of “the appropriate Minister” in subsection (1) above—
a
the Minister concerned with a harbour—
i
in the case of a fishery harbour in England, is the Minister of Agriculture, Fisheries and Food; and
ii
in any other case, is the Secretary of State; and
b
a harbour is a relevant harbour in relation to any such body as is there mentioned if it is one for which that body is or immediately before a transfer under section 2 above was the harbour authority.
In paragraph (a)(i) above “fishery harbour” has the same meaning as in section 21 of the M2Sea Fish Industry Act 1951.
3
In this Part—
a
references, in relation to a notice under section 9(3)(a) or 12(3) affecting a harbour, to publication of the notice by Gazette and local advertisement are references to publication—
i
in the Gazette; and
ii
in each of two successive weeks, in one or more local newspapers circulating in the locality where the harbour is situated; and
b
references, in relation to such a notice, to the date of the first local advertisement are references to the date of the first publication of the notice in a local newspaper circulating in the locality where the harbour is situated.
4
References in this Part to—
a
the scheme;
b
the successor company; and
c
the authority;
are explained in section 2(4).
5
For the purposes of this Part the time when a disposal of securities or of rights to require the issue of securities of a company is made shall be determined as it would fall to be determined in accordance with section 27 of the M3Capital Gains Tax Act 1979 for the purposes of tax on chargeable gains.
6
For the purposes of this section a notice under section 9(3)(a) or 12(3) relating to a scheme for the purposes of a proposed transfer under section 2 above of property, rights, liabilities and functions of a relevant port authority is to be regarded as affecting any harbour for which that authority are the harbour authority.
Pt. I: functions transferred (3.12.2001) by S.I. 2001/3503, arts. 2, 3