Ipswich Dock Act 1971
| Jurisdiction | UK Non-devolved |
| Citation | 1971 c. xiv |
| Year | 1971 |
Ipswich Dock Act
1971
c. xiv 1
ELIZABETH II
1971 CHAPTER xiv
An Act to authorise the Ipswich Dock Commission to
construct further works; and for other purposes.
[30th March 1971]
W
HEREAS by the Ipswich Dock Act 1852 the Acts relating
1852
c.
cxvi
to the Port of Ipswich were consolidated and amended
and the Ipswich Dock Commissioners were constituted
and incorporated:
And whereas by the Ipswich Dock Act 1913 the Commissioners
1913
c.
cvi.
were reconstituted and it was provided that they and their succes-
sors should continue incorporated by the name of The Ipswich
Dock Commission (hereinafter referred to as " the Commission "):
And whereas by the Ipswich Dock Acts and Order 1852 to
1969 powers and authorities have been conferred on the Com-
mission and their predecessors in the improvement of the Port of
Ipswich:
And whereas in order to meet the requirements of the trade of
the Port of Ipswich it is expedient that the Commission be
authorised to acquire the lands and to construct the works in
this Act described:
And whereas it is expedient that the other provisions of this Act
be enacted:
C.
XIV Ipswich Dock Act 1971
Short and
collective
titles.
Application
of Part I of
the
Compulsory
Purchase
Act 1965.
1965 c. 56.
And whereas the objects of this Act cannot be attained without
the authority of Parliament:
And whereas plans and sections showing the situations, lines
and levels of the works authorised by this Act and the lands
which may be taken or used compulsorily for the purposes
thereof,
and a book of reference to such plans containing the
names of the owners and lessees or reputed owners and lessees
and of the occupiers of those lands, and describing the same,
were duly deposited in the office of the Clerk of the Parliaments
and in the Private Bill Office of the House of Commons, and with
the clerk of the county council of the administrative county of
East Suffolk, and the town clerk of the county borough of Ipswich,
which plans, sections and book of reference are in this Act
respectively referred to as the deposited plans, the deposited
sections, and the deposited book of reference:
May it therefore please Your Majesty that it may be enacted,
and be it enacted, by the Queen's most Excellent Majesty, by and
with the advice and consent of the Lords Spiritual and Temporal,
and Commons, in this present Parliament assembled, and by the
authority of the same, as follows
:—
PART I
PRELIMINARY
1.
This Act may be cited as the Ipswich Dock Act 1971 and
the Ipswich Dock Acts and Order 1852 to 1969 and this Act
may be cited as the Ipswich Dock Acts and Order 1852 to 1971.
2.—(1) Part I, including Schedules 1 to 5, of the Act of 1965,
other than the excepted provisions, in so far as it is applicable
for the purposes of this Act and is not inconsistent with the
provisions
thereof,
shall apply to any compulsory purchase under
this Act.
(2) The provisions of the Act of 1965 as so applied shall have
effect as if—
(a) this Act were the special Act and the Commission were
the acquiring authority;
(b) references to the compulsory purchase order were
references to this Act;
(c) in section 4 of the Act of 1965 (which prohibits the
exercise of the compulsory powers after the expiration
of three years from the date on which the compulsory
purchase order becomes operative) the reference to the
date on which the compulsory purchase order becomes
operative were a reference to the 31 st December following
the passing of this Act;
Ipswich Dock Act
1971
c. xiv
(d) in section 11 (1) of the Act of 1965 (which empowers the PART I
acquiring authority to enter on and take possession of —com.
land the subject of a notice to treat after giving not less
than fourteen days' notice) for the words " fourteen
days"
there were substituted the words " three
months ";
(e) in section 11 (3) of the said Act (which permits the
acquiring authority to enter on land subject to com-
pulsory purchase for the purposes of survey after giving
not less than three nor more than fourteen days' notice)
for the words " not less than three nor more than
fourteen days' notice " there were substituted the words
" not less than seven days' notice in the case of the first
entry and not less than twenty-four hours' notice in the
case of a subsequent entry ".
(3) In this section " the excepted provisions" means the
following provisions of the Act of 1965, namely, section 24 (5)
(which provides that where land is acquired in consideration of a
rentcharge the acquiring authority's borrowing powers shall be
reduced by twenty years' purchase of the rent payable under the
rentcharge), section 27 (Liability of acquiring authority to make
good deficiencies in rates) and paragraph 3 (3) of Schedule 3
(which requires a bond for compensation to be with two sufficient
sureties).
(4) The Lands Clauses Consolidation Act 1845 shall not apply
1845
c. 18.
to the acquisition of land under this Act.
3.—(1)
In this Act, unless the context otherwise requires, the Definitions.
following expressions have the meanings hereby assigned to them
respectively, that is to say:—
" the Act of 1965 " means the Compulsory Purchase Act
1965;
1965 c. 56.
" the authorised work" means the work authorised by
section 10 (Power to construct works) of this Act;
" charges " includes charges, rates, tolls and dues of every
description which the Commission are for the time
being authorised to demand, take and recover; and
'*
charge " shall be construed accordingly;
" the Commission " means the Ipswich Dock Commission;
" the corporation " means the mayor, aldermen and burgesses
of the county borough;
" the county" means the administrative county of East
Suffolk;
" the county borough" means the county borough of
Ipswich;
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