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There are currently no known outstanding effects for the Harbours, Piers and Ferries (Scotland) Act 1937, Section 10.
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(1)The M1Harbours, Docks, and Piers Clauses Act 1847, with the exception of sections six to thirteen, sixteen to nineteen, thirty, forty-seven, forty-nine, fifty, eighty-four, and eighty-five, shall, except in so far as the [F1Secretary of State for Scotland] may direct, apply to any marine work to which this Part of this Act applies in like manner as if the marine work had been constructed in pursuance of an Act incorporating those provisions, and for the purposes of the said provisions this Part of this Act shall be deemed to be the special Act and the authority in whom the marine work is vested shall be deemed to be the undertakers.
(2)Any reference to a vessel in the provisions of the M2Harbours, Docks, and Piers Clauses Act 1847, as applied by the foregoing subsection, shall be deemed to include a reference to a seaplane when on the surface of the water, and in section twenty-eight of the said Act any reference to a vessel shall also include a floating dock and a vessel of exceptional construction or method of propulsion:
Provided that—
nothing in any of the aforesaid provisions shall, except in the case of a seaplane disabled by an accident, authorise a harbour master to require the dismantling of a seaplane or any part thereof or the making of any alterations whatever of the structure or equipment of a seaplane; and
(3)Where the proceeds of the sale of any wreck in pursuance of section fifty-six of the M4Harbours, Docks, and Piers Clauses Act 1847, as applied by subsection (1) of this section shall not be sufficient to meet the expenses reasonably incurred in removing such wreck, the deficiency shall be recoverable from the person who was the registered owner of the vessel at the time it was wrecked.
(4)A harbour authority in whom any marine work to which this Part of this Act applies is vested shall every year within six months after the first day of January cause accounts to be prepared, in such form as may be prescribed by the [F1Secretary of State for Scotland], of the total revenue and expenditure in respect of the work for the year ending the preceding thirty-first day of December and such accounts shall be duly audited by such person as may be appointed for the purpose by the [F1Secretary of State for Scotland] and certified by the clerk or secretary of the authority, and a copy thereof shall be transmitted forthwith to the sheriff clerk of the county within which the marine work of the largest part thereof is situate, to the [F3Secretary of State for Transport] and, if so required by the [F1Secretary of State for Scotland] to [F1him]. In the case of any harbour authority whose financial year begins on a day other than the first day of January, the foregoing provisions of this subsection shall have effect with the substitution of that other day for the first day of January, and of the day immediately preceding that other day for the thirty-first day of December.
(5)A local authority in whom a marine work to which this Part of this Act applies is vested shall, as soon as may be after receiving from the auditor, in pursuance of the [F4section 101 of the M5Local Government (Scotland) Act 1973], the certified duplicate abstract of accounts, cause a copy thereof, so far as relating to the marine work, to be sent to the [F3Secretary of State for Transport] . . . F5
Textual Amendments
F1Words substituted by virtue of S.I. 1970/1537, art. 6 Sch. 2 para. 2
F2Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2)(a)
F3Words substituted by virtue of S.I. 1970/1681, art. 2(1), Sch. 1(a); 1976/1775, art. 2(1), Sch. 1; 1979/571, arts. 2(1), 3(5) and 1981/238, arts. 2(1)(a), 3(4)
F4Words substituted by virtue of Local Government (Scotland) Act 1973 (c. 65), s. 237(2)
F5Words repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29
Modifications etc. (not altering text)
C1S. 10 excluded by Highland Regional Council (Harbours) Order Confirmation Act 1991 (c. xii), s. 1, Sch., s.58
S. 10 excluded (1.12.1993) by S.I. 1993/2908, art.34
C2S. 10 excluded (4.3.2021) by The Eyemouth Harbour Revision Order 2021 (S.S.I. 2021/118), arts. 1(1), 3(2) (with arts. 36, 37)
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