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PART VPOWERS OF COMPANY

Subsidiaries

10.  The Company may enter into arrangements with any of its subsidiaries for the transfer to that subsidiary from the Company or any of its other subsidiaries in such manner and on such terms (including payments by any of the parties to the arrangements to any other of them) as may be provided for by the arrangements, of any property, rights, liabilities or obligations of the Company, or, as the case may be, that other subsidiary, relating to the dock undertaking:

Provided that, in the case of a transfer of the whole or any part of the dock undertaking, the transferees shall be subject to all the restrictions, liabilities and obligations in respect of the dock undertaking or that part (as the case may be) which the Company or other transferors are subject and shall perform all the duties of the Company or those transferors under this Order in respect of the dock undertaking or that part.

Power to make charges

11.—(1) Subject to paragraph (2) below, the Company may make such reasonable charges as it thinks fit for services and facilities provided by it or its subsidiaries in connection with the dock undertaking.

(2) Paragraph (1) above does not authorise the levying of ship, passenger or goods dues within the meaning of the Harbours Act 1964.

(3) Nothing in this article shall affect any power of the Company to demand, take or recover charges which it has under or by virtue of any enactment or rule of law.

Use of dock undertaking

12.  The Company may appropriate and set apart any part of the dock undertaking for the exclusive use of any particular vessel or class of vessel.

Power to remove goods

13.—(1) If any goods are left on or in any part of the dock undertaking the Company may require the owner to remove them and if the goods are not so removed within six hours after the requirement has been made the Company may cause the goods to be removed to its own or any other public warehouse or store.

(2) Any such removal shall be carried out at the expense and risk of the owner of the goods.

(3) Notwithstanding any such removal on behalf of the Company, the goods shall be liable to a general lien for the cost of removal, and for any charges payable to the Company by the owner.

(4) The power of the Company to prevent the recovery of the goods until the cost of removal and the charges have been paid shall extend and apply to any goods removed or placed in store under this article.

Restriction on levying ship, passenger and goods dues

14.  The Company shall not have power to levy charges of any of the kinds mentioned in paragraphs (a), (b) and (c) of the definition of “ship, passenger and goods dues” in section 57 of the Harbours Act 1964 where the vessel in question is of less than 50 gross registered tonnes, or under 24 metres in length, except to the extent that use is made of the dock estate in respect of the vessel, its passengers or cargo.