The Swanage Harbour Revision Order 2001

Statutory Instruments

2001 No. 2984

HARBOURS, DOCKS, PIERS AND FERRIES, ENGLAND

The Swanage Harbour Revision Order 2001

Made

31st August 2001

Coming into force

1st October 2001

Whereas the Swanage Pier Company as harbour authority has applied for a harbour revision order under section 14 of the Harbours Act 1964(1);

And whereas all objections duly made to the application have been withdrawn;

And whereas the Minister of Agriculture, Fisheries and Food is satisfied as mentioned in sub-section (2)(b) of the said section 14;

Now, therefore, the Minister of Agriculture, Fisheries and Food, in exercise of the powers conferred by the said section 14, and of all other powers enabling her in that behalf, hereby makes the following Order:

Title and commencement

1.—(1) This Order may be cited as the Swanage Harbour Revision Order 2001 and shall come into force on the expiry of the period of one month which begins on the day it is made.

(2) The Swanage Pier Act 1859(2), the Swanage Pier Order 1895 confirmed by the Pier and Harbour Orders Confirmation (No. 2) Act 1895(3) (which Order is hereinafter referred to as “the Swanage Pier Order 1895”), the Swanage Pier Order 1948 confirmed by the Pier and Harbour Order (Swanage) Confirmation Act 1948(4), and this Order may be cited together as the Swanage Pier Act and Orders 1859 to 2001.

Interpretation

2.  In this Order expressions to which meanings are assigned by the Harbours Act 1964 have the same respective meanings.

Amendment of the Swanage Pier Order 1895

3.  The following amendments shall be made to the Swanage Pier Order 1895:

(a) in article 10 (further powers as to buildings and other erections)—

(i) after the words “erect and construct” in the first line thereof there shall be added the words “or permit to be erected and constructed with or without conditions”;

(ii) after the words “and may let the same” in the sixth line thereof there shall be added the words “or any site for the erection and construction thereof”;

(iii) the word “seven” in the seventh line thereof shall be deleted and replaced by the words “twenty-one”;

(b) in article 16 (powers to demand rates etc, for the use of any warehouse, sheds, buildings etc.) after the words “belonging to” in the third line thereof there shall be added the words “or permitted by”;

(c) in article 17 (powers to lease tolls and rates) the word “seven” in the second line thereof shall be deleted and replaced by the words “twenty-one”.

Repeal

4.  Article 21 of the Swanage Pier Order 1895 (copy of annual account to be sent to the Board of Trade) is repealed.

In witness whereof the official seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 31st August 2001.

L.S.

Peter Boyling

Assistant Secretary

Explanatory Note

(This note is not part of the Order)

This Order amends the Swanage Pier Order 1895 which governs the functions of the Swanage Pier Company, the harbour authority for Swanage Pier. The main effects of the Order are to extend the Company’s powers to construct certain facilities by enabling it to permit other persons to construct such facilities, by enabling it to let the site on which the facilities are to be constructed, and by extending from 7 years to 21 years the period for which the Company may grant a lease of such a site or facilities. The Order also repeals a provision requiring the Board of Trade (now the Secretary of State for Trade and Industry) to be sent a copy of the Company’s annual account.

(1)

1964 c. 40; see section 14(7) for the meaning of “the appropriate Minister”; section 14 and Schedules 2 and 3 were amended by the Docks and Harbours Act 1966 (c. 28) section 36, the Transport Act 1981 (c. 56) sections 15, 18 and 40 and Schedule 5, paragraph 14, Schedule 6, paragraphs 2 to 4, 12 and 14, and Schedule 12, the Criminal Justice Act 1982 (c. 48) sections 37 and 46, and the Transport and Works Act 1992 (c. 42) sections 63 and 68, Schedule 3, paragraphs 1, 9 and 10, and Schedule 4.

(2)

22 and 23 Vict. c. 1xxvii.

(3)

59 Vict. c. iv.

(4)

11 and 12 Geo. 6 c. xxiii.