Harbours, Piers and Ferries (Scotland) Act 1937

Part I S Transfer of Harbours, &c., to Local Authorities

Modifications etc. (not altering text)

C1 Pt. I extended by Transport Act 1968 (c. 73), s. 10(6)

1 Transfer of harbours, &c., to local authorities. S

(1) It shall be lawful for the owner of any marine work to transfer it, on such terms as may be agreed, to any local authority . . . F1

[F2 (2) A local authority may accept a transfer of a marine work which is wholly or partly situated within their area, but where the marine work is partly situated within the area of another local authority they may only do so with the agreement of that other authority, or failing such agreement, with the consent of the [F3 Secretary of State for Scotland]].

(3) The power of transfer conferred by subsection (1) of this section on the owner of a marine work shall be exercisable by any local authority in whom a marine work is vested whether by transfer under the said subsection or otherwise.

Textual Amendments

F1 Words repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F2 S. 1(2) substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 19 para. 7

F3 Words substituted by virtue of S.I. 1970/1537, art. 6 Sch. 2 para. 2

2 Compulsory acquisition of marine work. S

(1) Where a local authority are desirous of acquiring a marine work of which they could be authorised to accept a transfer under this Part of this Act and are unable to do so by agreement on terms which are in their opinion reasonable they may [F4 be authorised by the [F5 Secretary of State for Scotland] to] purchase the marine work compulsorily . . . F6

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

(4) At any time within six weeks after the determination of any question of disputed compensation payable in respect of a marine work or of any interest therein in pursuance of a compulsory purchase order made under this section, the local authority may, unless they have exercised any power of entry on the marine work, withdraw any notice to treat served on any person interested in the marine work, and intimation of any such withdrawal shall be given forthwith by the local authority to the [F5 Secretary of State for Scotland], and the compulsory purchase order shall thereupon cease to be operative.

(5) Where, in pursuance of the last foregoing subsection, a local authority withdraw a notice to treat, they shall be liable to pay to the person to whom such notice was given, and to any other person interested in the marine work, compensation for any expense properly incurred by him in connection with the making of the compulsory purchase order, or with his claim to compensation, and the amount of such compensation shall, in default of agreement, be determined in accordance with the [F9 M1 Land Compensation (Scotland) Act 1963].

(6) No award of compensation in respect of a marine work or of any interest therein made in pursuance of a compulsory purchase order under this section shall be enforceable before the expiration of six weeks from the date of such award, and where, in pursuance of subsection (4) of this section, a notice to treat has been withdrawn, any award of compensation to the person on whom such notice was served shall cease to have effect.

Textual Amendments

F4 Words inserted by Acquisition of Land (Authorisation Procedure) Act 1946 (c. 49), s. 6, Sch. 4

F5 Words substituted by virtue of S.I. 1970/1537, art. 6 Sch. 2 para. 2

F6 Words repealed by Acquisition of Land (Authorisation Procedure) Act 1946 (c. 49), s. 6, Sch. 4

F7 S. 2(2) repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F8 S. 2(3) repealed by Acquisition of Land (Authorisation Procedure) Act 1946 (c. 49), Sch. 6

F9 Words substituted by virtue of Land Compensation (Scotland) Act 1963 (c. 51), s. 47(1)

Marginal Citations

M1 1963 c. 51.

3 Effect of transfers and acquisitions of marine works. S

(1) Nothing in any Act whereby any marine work is vested in or belongs to any body or person shall be deemed to prevent the transfer of such work to a local authority under section one of this Act, and where any such marine work is so transferred or is purchased compulsorily by a local authority under section two of this Act the provisions of such first mentioned Act and of any other Act relating to the marine work shall, save as provided in section nineteen of this Act or in so far as they are inconsistent with the provisions of this Act, have effect as if the local authority had been the undertakers named in such first mentioned Acts.

(2) On the application of the local authority to whom any marine work has been transferred under section one of this Act or by whom any marine work has been purchased compulsorily under section two of this Act, the [F10 Secretary of State for Scotland] may, by order, make such adaptations or modifications of the provisions of any local Act applying to such marine work as may seem to him necessary to bring those provisions into conformity with the provisions of this Act.

Textual Amendments

F10 Words substituted by virtue of S.I. 1970/1537, art. 6 Sch. 2 para. 2