The Falmouth Harbour Revision Order 1991

Citation

1.  –

(1) This Order may be cited as the Falmouth Harbour Revision Order 1991.

(2) The Falmouth Harbour Act and Orders 1870–1985 and this Order may be cited together as the Falmouth Harbour Act and Orders 1870–1991.

Interpretation

2.  In this Order:–

“the Act of 1958” means the Falmouth Harbour Act 1958(1);

“the added limits” means the area described in the Schedule to this Order;

“the Commissioners” means the Falmouth Harbour Commissioners;

“the harbour” has the same meaning as in section 4 (Interpretation) of the Act of 1958;

“the signed plan” means the plan signed in triplicate by an Assistant Secretary in the Department of Transport, two copies of which have been deposited at that Department and one copy of which has been deposited at the offices of the Commissioners situated at 44 Arwenack Street, Falmouth, Cornwall, TR11 3JQ.

Extension of limits

3.  –

(1) The limits within which the Commissioners and the harbour master have jurisdiction in accordance with the Act of 1958 are hereby extended to include the added limits.

(2) All enactments conferring rights, powers, privileges and immunities, or imposing duties, obligations and liabilities upon the Commissioners and all byelaws and regulations made by the Commissioners which related to or were in force in the harbour immediately before the coming into force of this Order shall also have effect and relate to the added limits.

(3) Section 4 (Amendment of definition of the harbour) of the Falmouth Harbour Revision Order 1985 shall have effect as if at the end of the definition of “the harbour” there were inserted the words “and includes the added limits as defined in the Falmouth Harbour Revision Order 1991.”

Crown rights

4.  –

(1) Nothing in this Order shall affect prejudicially any estate, right, power, privilege, authority or exemption of the Crown and in particular and without prejudice to the generality of the foregoing, nothing in this Order shall authorise any person to take, use, enter upon or in any manner interfere with, any land or hereditaments or any rights of whatsoever description (including any part of the shore or bed of the sea or of any river, channel, creek, bay or estuary)–

(a) belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners without the consent in writing of those Commissioners: or

(b) belonging to a government department, or held in trust for Her Majesty for the purposes of a government department, without the consent in writing of that department.

(2) A consent under paragraph (1) above may be given unconditionally or subject to such conditions and upon such terms as shall be considered necessary or appropriate.

Signed by authority of the Secretary of State for Transport

Patrick McLoughlin

Parliamentary Under Secretary of State,

Department of Transport

2nd July 1991