SCHEDULE
Article 2
PORT OF TILBURY TRANSFER SCHEME 1991
The Port of London Authority make this Scheme under Part II of the Ports Act 1991:–
1. Citation and interpretation
(1) This Scheme may be cited as the Port of Tilbury Transfer Scheme 1991.
(2) In this Scheme, unless the context otherwise requires–
“the 1968 Act” means the Port of London Act 19682;
“the 1991 Act” means the Ports Act 1991;
“the Company” means Port of Tilbury London Limited, being the company formed in pursuance of section 21 of the 1991 Act and registered under the Companies Act 19853with the number 2659118;
“the Port Authority” means the Port of London Authority;
“the transfer date” means the date on which this Scheme takes effect.
(3) Unless the context otherwise requires, a reference in this Scheme to a numbered paragraph or Schedule is to the paragraph in or, as the case may be, the Schedule to this Scheme bearing that number.
2. Transfer to the Company
(1) The property, rights and liabilities transferred to the Company by this Scheme are–
(a)
(a) the freehold land of the Port Authority the landward limit of which is delineated and shown edged red on Plan 1 and the riverside limit of which is–
(i) in the case of the entrance to the Company’s docks, an imaginary line drawn across the lock entrance between Ordnance Survey National Grid Reference point TQ62574: 75500 and Ordnance Survey National Grid Reference point TQ62584: 75459;
(ii) in the case of the Tilbury Docks Tidal Basin, an imaginary line drawn across the entrance to the basin between Ordnance Survey National Grid Reference points TQ63804: 75115 and TQ63975: 75112; and
(iii) elsewhere, the level of mean high water from time to time between the two extreme points where the line of the landward limit so delineated and shown meets the level of mean high water from time to time; and
(b)
(b) all the other property of the Port Authority (other than freehold land) comprised in that part of the Port Authority’s undertaking which consists in operating the port of Tilbury (with the exception of the property mentioned in sub-paragraph (2) below), and all rights and liabilities of the Port Authority so comprised; and
(c)
(c) the freehold land of the Port Authority the landward limit of which is delineated and shown edged red on Plan 2 and the riverside limit of which is the level of mean high water from time to time between the two extreme points where the line of the landward limit so delineated and shown meets the level of mean high water from time to time; and
(d)
(d) all the rights and liabilities of the Port Authority which relate to the operating of the port of Tilbury before the transfer date, with the exception of–
(i) any liability of the Port Authority to pay to or in respect of any former employee of the Port Authority any pension or any allowance known as a retirement allowance or benevolent allowance; and
(ii) any liability of the Port Authority to pay any benevolent allowance on or after the transfer date to or in respect of any person employed by the Port Authority immediately before that date.
(2) The property excepted from the transfer made by sub-paragraph (1)(b) above is all paintings, drawings and artefacts of the Port Authority.
(3) For the avoidance of doubt it is hereby stated that–
(a)
(a) there is included in the transfer made by sub-paragraph (1)(b) above–
(i) the property, rights and liabilities of the Port Authority in respect of the body of constables maintained by the Port Authority;
(ii) subject to sub-paragraph (4) below, so much of a contract of employment or collective agreement as relates to an occupational pension scheme within the meaning of the Social Security Pensions Act 19754or the Social Security Pensions (Northern Ireland) Order 19755; and
(iii) all the interest of the Port Authority in the companies listed in Schedule 1; and
(b)
(b) the property, rights and liabilities referred to in sub-paragraph (1)(b) above do not include property, rights and liabilities of the Port Authority in respect of–
(i) Port of London Stock;
(ii) money loaned to the Port Authority under section 11 of the Harbours Act 19646; or
(iii) the central audit staff maintained by the Port Authority.
(4) Any contract of employment of a person who is transferred to the employment of the Company which includes a right for the employee to be a member of the Port of London Authority Pension Fund shall be deemed to be amended to include instead a right for the employee to be a member of any relevant pension scheme (within the meaning of Schedule 2).
(5) In this paragraph–
(a)
(a) reference to a numbered plan is a reference to that plan as authenticated by the seal of the Port Authority and the signature of their secretary as being the plan of that number referred to in this Scheme;
(b)
(b) “Port of London Stock” means the 3 per cent. “A” Port Stock 1929–1999 issued by the Port Authority in 1909 and the 3 per cent. Inscribed Port Stock 1949–1999 issued by the Port Authority in 1911.
3. Consideration
The consideration for the transfer made by this Scheme shall be the issue to the Port Authority of 25 million ordinary shares in the Company of £1 each.
4. Pension rights
Schedule 2, which makes provision for the protection of pension rights, shall have effect.
5. Functions of the Port Authority excepted from transfer
There shall be excepted from the functions of the Port Authority which, apart from this paragraph, would or might be transferred to and by virtue of section 22(8)(b) of the 1991 Act become functions of the Company, the functions of the Port Authority specified in Schedule 3.
6. Amendments to 1968 Act
Schedule 4, which provides for certain provisions of the 1968 Act to be treated as amended, shall have effect.
7. Works licences
(1) Each of the works specified in column 1 of Part I of Schedule 5 is a work constituting or comprised in property transferred by this Scheme which requires a works licence, and accordingly a works licence to maintain and retain each of those works is to be regarded as having by virtue of section 25(1) of the 1991 Act been granted by the Port Authority to the Company on the transfer date.
(2) Each such licence is to be regarded as having been granted–
(a)
(a) unless otherwise agreed in writing between the Port Authority and the Company, on the terms that–
(i) the consideration therefor is to be reassessed at such intervals as may from time to time be agreed in writing between the Port Authority and the Company;
(ii) subject to section 69 of the 1968 Act (which provides for appeals against the revocation of a licence), the Port Authority may revoke the licence by giving to the Company not less than the period of notice (to expire at any time) specified in relation to the work the subject of the licence in column 2 of Part I of Schedule 5; and
(iii) the Company is to use the work the subject of the licence only for the purpose specified in relation thereto in column 3 of the said Part I; and
(b)
(b) on the other terms specified in Part II of the said Schedule or on such other terms as may from time to time be agreed in writing between the Port Authority and the Company.
8. Membership of the Port Authority
(1) A person who is both an employee and a director of the Company shall be treated as an officer of the Port Authority for the purposes of paragraph 6 of Schedule 2 to the 1968 Act7as regards any time when the Company is a subsidiary of the Port Authority.
(2) Accordingly, a person who–
(a)
(a) immediately before the transfer date is an officer of the Port Authority who has in pursuance of the said paragraph 6 been appointed to serve as a member of the Port Authority; and
(b)
(b) on that date–
(i) ceases by virtue of the transfer under paragraph 2 of this Scheme to be an officer of the Port Authority; but
(ii) is by virtue of sub-paragraph (1) above to be treated as such an officer for the purposes of the said paragraph 6;
shall not cease to be a member of the Port Authority by reason of having ceased to be an officer of the Port Authority.
9. Port police federation
(1) The organisation established pursuant to section 159 of the 1968 Act and called the Port of London Police Federation (in this paragraph referred to as “the federation”) shall continue on and after the transfer date by the name of the Port of Tilbury Police Federation for the purpose of representing constables appointed under section 154 of that Act (whether by the Port Authority before the transfer date or by the Company on or after that date) in...
