Port of Ipswich (Transfer of Undertaking) Harbour Revision Order 2002

JurisdictionUK Non-devolved
CitationSI 2002/3269
Year2002

2002 No. 3269

HARBOURS, DOCKS, PIERS AND FERRIES

The Port of Ipswich (Transfer of Undertaking) Harbour Revision Order 2002

Made 23th December 2002

Coming into force 30th December 2002

Whereas Ipswich Port Limited have applied for a harbour revision order under section 14 of the Harbours Act 19641;

And whereas no objections to the application have been made pursuant to paragraph 10(2)(f) of Schedule 3 to the said Act;

And whereas the Secretary of State for Transport is satisfied as mentioned in subsection (2)(b) of the said section 14;

Now, therefore, the Secretary of State (being the appropriate Minister under subsection (7) of the said section 142), in exercise of the powers conferred by that section and now vested in him3, and of all other powers enabling him in that behalf, hereby makes the following Order:

S-1 Citation and commencement

Citation and commencement

1.—(1) This Order may be cited as the Port of Ipswich (Transfer of Undertaking) Harbour Revision Order 2002.

(2) This Order shall come into force on 30th December 2002.

S-2 Interpretation

Interpretation

2. In this Order—

“A.B. Ports” means Associated British Ports;

“IPL” means Ipswich Port Limited;

“the port of Ipswich” means the docks and harbour at Ipswich regulated by the Ipswich Docks Acts and Orders 1852 to 1986;

“the transfer date” means 1st January 2003; and

“the undertaking” means the undertaking of IPL in relation to the port of Ipswich.

S-3 Establishment of A.B. Ports as harbour authority for undertaking

Establishment of A.B. Ports as harbour authority for undertaking

3. On the transfer date A.B. Ports shall be established as the harbour authority for the port of Ipswich in lieu of IPL.

S-4 Transfer of functions, property, etc

Transfer of functions, property, etc

4.—(1) On the transfer date all statutory and other powers and duties conferred or imposed on IPL by any provision of the Ipswich Docks Acts and Orders 1852 to 1986 in force immediately before that date shall be transferred from IPL to A.B. Ports.

(2) On the transfer date the undertaking as existing immediately before that date, including the lands, works, building, machinery stores and other real and personal property, assets and effects, rights, powers and privileges vested in or enjoyed by IPL, and all liabilities and obligations to which IPL are then subject in relation to the undertaking, shall be transferred to and vest in A.B. Ports.

(3) On and after the transfer date any statutory provision of local application or document whatsoever shall have effect in its application to the transferred undertaking as if any reference however worded and whether express or implied—

(a)

(a) to IPL, were construed as a reference to A.B. Ports; and

(b)

(b) to any officer or servant of IPL, were construed as a reference to an officer or servant of A.B. Ports.

S-5 Byelaws etc.

Byelaws etc.

5. On and after the transfer date any byelaw, regulation, licence or consent made, issued or granted by IPL in relation to the undertaking and in force immediately before that date shall, notwithstanding the making of this Order, continue in force and have effect as if made, issued or granted by A.B. Ports.

S-6 Contracts to binding

Contracts to binding

6. All purchases, sales, conveyances, deeds, contracts and agreements entered into or made by IPL and in force immediately before the transfer date shall, on and after that date, be as binding and of as full force and effect in every respect against or in...

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