Pier and Harbour Order (Lymington) Confirmation Act 1951
| Jurisdiction | UK Non-devolved |
| Citation | 1951 c. xxv |
| Year | 1951 |
14 & 15
GEO.
6
Pier
and
Harbour
Ch. xxv
Order {Lymington) Confirmation
Act, 1951
CHAPTER xxv
An Act to confirm a Provisional Order made by the
Minister of Transport under the General Pier and
Harbour Act 1861 renting to Lymington.
[1st August 1951.]
W
HEREAS a Provisional Order made by the Minister of
Transport under the General Pier and Harbour Act 24
& 25
Vict.
1861 is not of any validity or force whatever untilc-45-
confirmation thereof by Act of Parliament:
And whereas it is expedient that the Provisional Order made
by the Minister of Transport under the said Act as set out in the
schedule to this Act be confirmed by Act of Parliament:
Be it therefore enacted by the King'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:—
1.
The Order which as amended is set out in the schedule to Confirmation
this Act shall be and the same is hereby confirmed and all the of Order in
provisions thereof in manner and form as they are set out in the schedule-
said schedule shall from and after the passing of this Act have full
validity and force.
2.
This Act may be cited as the Pier and Harbour Order Short title.
(Lymington) Confirmation Act 1951.
A 3 1
Ch. xxv Pier and Harbour 14 & 15
GEO.
6
Order (Lymington) Confirmation Act, 1951
SCHEDULE
LYMINGTON RIVER AND HARBOUR
Provisional Order to incorporate Commissioners of the river and
harbour of Lymington to transfer to them the undertaking known
as Lymington River and Harbour to authorise them to
construct
new
works to maintain manage and improve the said river and
harbour
to borrow money for the
purposes
thereof and
otherwise
and to levy
tolls rates and charges and for other purposes.
Preliminary
Short title. 1. This Order may be cited as the Lymington River and Harbour
Order 1951.
Commencement. 2. Except as otherwise expressly provided in this Order this Order
shall come into operation on the appointed day:
Provided that for the purposes of the election or appointment of
Commissioners the provisions of this Order relating thereto shall come
into operation upon the day when the Act confirming this Order is
passed.
Interpretation. 3, In this Order unless the context otherwise requires
" The appointed day " means the first day of November nineteen
hundred and fifty-one;
" Authorised rates " means the rates which the Commissioners
are for the time being authorised to levy demand and recover
in pursuance of this Order or any order made under section 39
(Revision of rates) of this Order;
" The borough " means the borough of Lymington;
" Commercial user of the harbour " in relation to an election of
a Commissioner under this Order means any person partner-
ship or company (other than the commission) who during
the year immediately preceding the month in which the
election is held has—
(a) paid harbour rates or charges under this Order or
the Order of 1913 in respect of any trade or business
carried on by him; or
(b) paid rates or charges under this Order or the Order
of 1913 on goods shipped or unshipped; or
(c) paid the general rate assessed on premises which are
situate in either the Lymington South Lymington East or
Lymington West ward of the borough and are used by
him for carrying on the trade or business of shipbuilding
or any other trade or business directly connected with the
use of the harbour;
" The commission " means the British Transport Commission
and any reference to the commission in relation to any
functions of the commission which are for the time being
delegated to an executive in pursuance of section 5 of the
10 &
11
Geo. 6. Transport Act 1947 shall be construed as a reference to that
c- 49- executive;
2
14 & 15
GEO.
6 Pier and Harbour Ch. xxv
Order {Lymington) Confirmation Act, 1951
" The Commissioners " means the Lymington Harbour Com-
missioners constituted by this Order;
" The corporation " means the mayor aldermen and burgesses
of the borough;
" Fishing vessel" means a bona fide fishing vessel owned by a
person partnership or company who or which derives at
least seventy-five per centum of his their or its income from
fishing;
" The harbour" means the part of Lymington river or creek
within the area defined in section 21 (Limits of the harbour)
of this Order as " the limits of the harbour " and the land
buildings works plant property and conveniences connected
therewith or any part thereof as the case may be;
" The Harbours Clauses Act 1847 " means the Harbours Docks 10
& 11
Vict.
and Piers Clauses Act 1847; c- 2?-
" The harbour revenue " means and includes the rates tolls dues
rents and other moneys and receipts which may be taken and
received by way of income from or in respect of the under-
taking under the authority of this Order;
" The Minister " means the Minister of Transport;
" The Order of 1913 " means the Lymington River and Harbour
Order 1913 confirmed by the Pier and Harbour Orders
3 & 4
Geo.
5.
Confirmation (No. 1) Act 1913; c. cxlvi.
" Seaplane " includes a flying boat and any other aircraft designed
to manoeuvre on the water;
" Statutory security " means any security in which trustees are
for the time being by or under any Act of Parliament passed
or to be passed authorised to invest trust money and any
mortgage bond debenture or debenture stock stock or other
security authorised by or under any Act of Parliament
passed or to be passed of any county council or municipal
corporation or other local authority as defined by section 34
of the Local Loans Act 1875 but does not include annuities 38
& 39
Vict.
rentcharges or securities transferable by delivery or securities
c*
83*
of the Commissioners;
" The town clerk " means the town clerk of the borough;
" The undertaking" means and includes the harbour and the
right to levy rates and tolls and all other rights conferred on
or vested in the Commissioners by this Order and the entire
undertaking of the Commissioners in connection with the
harbour;
" Vessel" includes a seaplane on the surface of the water;
" The works " means the works authorised by this Order or as
the case may require any part
thereof;
" Yacht-owner" in relation to an election of a Commissioner
under this Order means any person partnership or company
(not being a commercial user of the harbour) who during
the three years immediately preceding the month in which
the election is held has paid annual rates fees or dues under
this Order or the Order of 1913 in respect of a yacht or
yachts lying in the harbour. A4 3
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