Boston Harbour Revision Order 1989
| Jurisdiction | UK Non-devolved |
| Citation | SI 1989/2036 |
| Year | 1989 |
1989 No. 2036
HARBOURS, DOCKS, PIERS AND FERRIES
The Boston Harbour Revision Order 1989
19thJune 1989
25thJuly 1989
7thNovember 1989
Whereas objections to the application of this Order have been duly made and not withdrawn and the Secretary of State for Transport is required, in accordance with the procedure prescribed in paragraph 4A of Schedule 3 to the Harbours Act 1964 (a) to give notice of the making of this Order and its effect to the persons opposing the Order:
And whereas this Order shall come into force 28 days after the giving of such notice unless such persons within that period give notice to the Secretary of State that they maintain their opposition to the Order, and their opposition is not withdrawn within that period, in which case it shall come into force at such time as is prescribed by the Statutory Orders (Special Procedure) Act 1945 (b);
Now therefore the Secretary of State for Transport in exercise of the powers conferred by section 14 of the Harbours Act 1964 and now vested in him (c) (being the appropriate Minister under section 14(7) of that Act for the purpose of making this Order) and of all other powers enabling him in that behalf, and on the application of the Boston Borough Council in accordance with Section 14(2) of the Harbours Act 1964, hereby makes the following Order:-
Citation
1. -(1) This Order may be cited as the Boston Harbour Revision Order 1989.
(2) The Boston Corporation Acts 1812 to 1935 and this Order may be cited together as the Boston Harbour Acts and Order 1812 to 1989.
Interpretation
2. In this Order-
"the Company" means Port of Boston Limited;
"the Council" means the Boston Borough Council;
"the undertaking" means, in relation to any period before the vesting day, the undertaking of the Council in relation to the Boston port, harbour and dock, and in relation to any period on and after the vesting day, the undertaking of the Company as from time to time authorised;
"the vesting day" has the meaning given to it by article 3 of this Order.
Vesting day
3. In this Order "the vesting day" means the day after the day on which expires a period of four weeks beginning with the date on which this Order comes into force.
Designation of Company as harbour authority
4. On the vesting day the Company shall become the harbour authority for the Boston port, harbour and dock and the Council shall cease to be the harbour authority.
Transfer of functions, property etc.
5. -(1) On the vesting day there shall be transferred from the Council to the Company all statutory and other powers and duties conferred or imposed on the Council in relation to the undertaking, and accordingly as from that day all such statutory provisions, and any byelaws made thereunder, shall have effect, subject to the necessary modifications, as if for any reference therein (however worded and whether express or implied) to the Council there were substituted a reference to the Company.
(2) On the vesting day there shall be transferred to and vested in the Company the undertaking as existing immediately before that day, including the lands, works, buildings, machinery, and stores, all other real and personal property, assets and effects, rights, powers and privileges vested in or...
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