The Sealink (Transfer of Portsmouth Harbour Railway Jetty) Harbour Revision Order 1991

This Order has been made in consequence of a defect in S.I. 1991/108 and is being issued free of charge to all know recipients of that Statutory Instrument.

Statutory Instruments

1991 No. 2609

HARBOURS, DOCKS, PIERS AND FERRIES

The Sealink (Transfer of Portsmouth Harbour Railway Jetty) Harbour Revision Order 1991

Made

14th November 1991

Coming into force

15th November 1991

Whereas the making of this Order is not opposed;

Now therefore, the Secretary of State for Transport (being the appropriate Minister under subsection (7) of section 14 of the Harbours Act 1964(1) for the purpose of making this Order), in exercise of the powers conferred by the said section 14 and now vested in him(2) and of all other powers enabling him in that behalf, and on the application of Wightlink Limited hereby makes the following Order:

Citation, commencement and revocation

1.  This Order may be cited as the Sealink (Transfer of Portsmouth Harbour Railway Jetty) Harbour Revision Order 1991 and shall come into force on 15th November 1991.

2.—(1) The Sealink (Transfer of Lasnding Stage at Portsmouth Harbour) Harbour Revision Order 1991(3) is hereby revoked.

(2) For the avoidance of doubt it is hereby declared that nothing in the Order revoked by paragraph (1) above shall be deemed to have affected the operation of the Portsea Harbour Act 1984(4) of the Portsea Harbour Revision Order 1986(5) and accordingly the said Act of 1984 and the said Order of 1986 shall continue to have effect as if the Order revoked by paragraph (1) above had not been made.

Interpretation

3.—(1) In this Order, unless the context otherwise requires—

“the Company” means Wightlink Limited;

“the day of transfer” means the day after the day on which expires a period of four weeks beginning with the day on which this Order comes into force;

“Sealink” means Sealink Harbours Limited;

“the transferred harbour” means so much of the Portsmouth Harbour Railway Jetty situated at Portsmouth Harbour Railway Station as regards which there are vested in Sealink immediately before the day of transfer statutory powers or duties of improvement, maintenance or management;

“Trinity House” means the Corporation of Trinity House of Deptford Strond.

(2) In this order a reference to the undertaking of Sealink at the transferred harbour a reference to the powers, duties, property, rights and liabilities of Sealink in relation to that harbour which are transferred by this Order.

Designation of Company as harbour authority

4.  On the day of transfer the Company shall become the harbour authority for the transferred harbour and Sealink shall cease to be the harbour authority for that harbour.

Transfer of functions, property etc.

5.—(1) On the day of transfer all property vested in Sealink comprising, or held by it for the purposes of, the transferred harbour and all rights and liabilities enjoyed or incurred by it for the purposes of the transferred harbour shall be transferred to and vested in the Company.

(2) On the day of transfer the powers and duties conferred or imposed on Sealink by any statutory provision of local application applied in relation to it by the Scheme dated 27th October 1981 made by Sealink U.K Limited pursuant to section 2 of the Transport Act 1981 and approved by the Secretary of State with modifications on 5th July 1982 read with Schedule 4 to the Transport Act 1968(6) as applied by the said section 2 (subject to any subsequent repeal or amendment of any such statutory provision), or by any enactment subsequent to that Scheme, for the purpose of, or in connection with, the improvement, maintenance or management of the transferred harbour shall be transferred to the Company and accordingly as from that day any such statutory provision of local application shall, so far as it relates to the transferred harbour and with any necessary modifications, apply in relation to the Company as if for references to Sealink there were substituted (unless the context otherwise requires) references to the Company.

Saving of byelaws etc.

6.  As from the day of transfer any byelaw, regulation, licence or consent made, issued or granted by Sealink in relation to the transferred to the transferred harbour and in force immediately before that day shall notwithstanding the making of this Order continue in force and shall be deemed to have been made, issued or granted by the Company.

Saving of agreements etc.

7.  All sales, conveyances, leases, grants, assurances, deeds, contracts, bonds, agreements, notices and demands affecting the undertaking of Sealink at the transferred harbour and in force immediately before the day of transfer (other than any lease or deed the parties to which include both Sealink and the Company) shall (in so far as they relate to that undertaking) on and from that day be as binding and of as full force and effect in every respect and may be enforced as fully and effectively against or in favour of the Company as if (except in any case where the Company as agent for Sealink is already a party thereto, or bound thereby or entitled to the benfit thereof) the Company instead of Sealink had been a party thereto or bound thereby or entitled to the benefit thereof.

Continuance of proceedings

8.  Nothing in this Order shall release, discharge or suspend any action, arbitration or other proceeding, pending or existing immediately before the day of transfer by or in favour of or against Sealink or by or in favour of or against the Company as agent for Sealink, in relation to Sealink’s undertaking at the transferred harbour and any such action, arbitration or proceeding or cause of action, arbitration or proceeding (other than anaction, arbitration or proceeding which is or may be an issue between Sealink and the Company or Sea Container Limited.) may be maintained, prosecuted or continued by or in favour of or against the Company and may be amended in such manner as may be necessary for that purpose.

Charges

9.—(1) On and after the day of transfer the Company shall in the exercise of statutory powers and duties at the transferred harbour, have power to make such reasonable charges for its services and facilities as it thinks fit.

(2) This article does not apply in relation to—

(a) ship, passenger and goods dues; or

(b) charges ascribable to the running of a ferry service in or from a harbour;

and does not authorise the making of any charge in a case where an enactment relating to the transferred harbour expressly provides for freedom from charges or otherwise prohibits the making of any charge.

Disposal of property no longer required for the transferred harbour

10.  On and after the day of transfer the Company, in respect of property vested in it and held for the purposes of the transferred harbour which is no longer required for those purposes, may dispose of such property in such manner, whether by way of sale, exchange, lease, the creation of any easement, right or privilege or otherwise, for such period, upon such conditions and for such consideration as it thinks fit.

Trinity House

11.—(1) None of the provisions of this Order shall prejudice or derogate from any of the powers, rights, duties or privileges of Trinity House.

(2) Section 78 of the Harbours, Docks and Piers Clauses Act 1847(7) is hereby incorporated with this Order.

Signed by authority of the Secretary of State for Transport

H.B. Wenban-Smith

An Under Secretary in the

Department of Transport

14th November 1991

Explanatory Note

(This note is not part of the Order)

This Order transfers the Portsmouth Harbour Railway Jetty from Sealink Harbours Limited to Wightlink Limited. The Order also authorises Wightlink Limited to dispose of property no longer required for the purposes of the transferred harbour.

The Order revokes the Sealink (Transfer of Landing Stage at Portsmouth Harbour) Harbour Revision Order 1991 (which purported to transfer a landing stage which was not in fact owned by Sealink Harbours Limited).

The Applicant for the Order is Wightlink Limited.

(1)

1964 c. 40; section 14 and Schedule 3 were amended by the Transport Act 1981 (c. 56), section 18 and Schedule 6, paragraphs 2 to 4, 12 and 14.

(2)

See section 57(1) of the Harbours Act 1964 and S.I. 1981/238.

(3)

S.I. 1991/108

(4)

1984 c.xviii.

(5)

S.I. 1986/2356.

(6)

1968 c. 73.

(7)

1847 c. 27.