Sealink (Transfer of Newhaven Harbour) Harbour Revision Order 1991

JurisdictionUK Non-devolved
CitationSI 1991/1257
Year1991

1991 No. 1257

HARBOURS, DOCKS, PIERS AND FERRIES

The Sealink, (Transfer of Newhaven Harbour) Harbour Revision Order 1991

Made 22th May 1991

Coming into force 23th May 1991

Whereas the making of this Order is not opposed:

Now therefore the Secretary of State for Transport (being the appropriate Minister under section 14(7) of the Harbours Act 19641for the purpose of making this Order), in exercise of the powers conferred by section 14 of the said Act and now vested in him2and of all other powers enabling him in that behalf, and on the application of Newhaven Port and Properties Limited hereby makes the following order:—

1 PRELIMINARY

PART I

PRELIMINARY

S-1 Citation and commencement

Citation and commencement

1. This Order may be citeed as the Sealink (Transfer of Newhaven Harbour) Harbour Revision Order 1991 and shall come into force on 23rd May 1991.

S-2 Interpretation

Interpretation

2.—(1) In this Order, unless the context otherwise requires—

“the Act of 1894” means the Merchant Shipping Act 18943;

“the Company” means Newhaven Port and Properties Limited;

“the day of transfer” means the day after the day on which expires a period of four weeks beginning with the day on which this Order comes into force;

“dredging licence” means a licence under article 21 of this Order;

“enactment” means any Act or any order or scheme made under an Act;

“Newhaven Harbour” means the harbour of Newhaven as regards which there are vested in Sealink immediately before the day of transfer statutory powers or duties of improvement, maintenance or management;

“level of high water” means the level of mean high-water springs;

“operator” and “telecommunications code system” have the same meaning as in the Telecommunications Act 19844;

“Sealink” means Sealink Harbours Limited;

“statutory undertaker” means—

(a) any person who is a statutory undartaker for any of the purposes of the Town and Country Planning Act 19905;

(b) any other person who exercises functions under the Land Drainage Act 19766;

(c) a coast protection authority within the meaning of section 1 of the Coast Protection Act 19497;

(d) any operator of a telecommunications code system;

“tidal work” means so much of any work for the time being vested in the Company as is on, under or over tidal waters or tidal lands below the level of high water including any such work transferred to the Company by this Order;

“the transferred harbour” means Newhaven Harbour;

“Trinity House” means the Corporation of Trinity House of Deptford Strond;

“works licence” means a licence under article 20 of this Order.

(2) In this Order a reference to the undertaking of Sealink at the transferred harbour is a reference to the powers, duties, property, rights and liabilities of Sealink in relation to that harbour which are transferred by this Order.

2 TRANSFER OF SEALINK'S UNDERTAKING AT NEWHAVEN HARBOUR

PART II

TRANSFER OF SEALINK'S UNDERTAKING AT NEWHAVEN HARBOUR

S-3 Designation of Company as harbour authority

Designation of Company as harbour authority

3. On the day of transfer the Comnpany shall become the harbour authority for the transferred harbour and Sealink shall cease to be the harbour authority for that harbour.

S-4 Transfer of functions, property etc.

Transfer of functions, property etc.

4.—(1) On the day of transfer all property and rights vested in Sealink and held by it for the purposes of the transferred harbour and all liabilities incurred by it for the puirposes of the transferred harbour shall be transferrred to and vested in the Company.

(2) Subject to the provisions of this Order, on the day of transfer the power and duties conferred or imposed on Sealink by any statutory provision of local application applied in relation to it by the Scheme dated 27th October 1981 made by Sealink U.K. Limited pursuant to section 2 of the Transport Act 19818and approved by the Secretary of State with modifications on 5th July 1982 read with Schedule 4 to the Transport Act 19689as applied by the said section 2 (subject to any subsequent repeal or amendment of any such statutory provision), or by any enactment subsequent to that Scheme, for the purpose of, or inconnection with, the improvement, maintenance or management of the transferred harbour shall be transferrred to the Company and accordingly as from that day ant such statutory provision of local application shall, so far as it relates to the transferred harbour and with any necessary modifications, apply in relation to the Company as if for references to Sealink there were substituted (unless the context otherwise requires) references to the Company.

S-5 Savings of byelaws etc.

Savings of byelaws etc.

5. As from the day of transfer any byelaw, regulation, licence or consent made, issued or granted by Sealink in relation to the transferred harbour and in force immediately before that day shall notwithstanding the making of this Order continue in force and shall be deemed to have been made, issued or granted by the Company.

S-6 Saving of agreements etc.

Saving of agreements etc.

6. All sales, conveyances, lease, grants, assurances, deeds, contracts, bonds, agreements, notices and demands affecting the undertaking of Sealink at the transferred harbour and in force immediately before the day of transfer (other than ant lease or deed the parties to which include both Sealink and the Company) shall (in so far as they relate to that undertaking) on and from that day be as binding and of as full force and effect in every respect and may be enforced as fully and effectively against or in favour of the Company as if (except in any case where the Company as agent for Sealink is already a party thereto, or bound thereby or entitled to the benefit thereof) the Company instead of Sealink had been a party thereto or bound thereby or entitled to the benefit thereof.

S-7 Continuance of proceedings

Continuance of proceedings

7. Nothing in this Order shall release, discharge or suspend any action, arbitration or other proceeding, or any cause of action, arbitration or other proceeding, pending or existing immediately before the day of transfer by or in favour of or against Sealink or by or in favour of or against the Company as agent for Sealink, in relation to Sealink’s undertaking at the transferred harbour and any such action, arbitration or proceeding or cause of action, arbitration or proceeding (other than an action, arbitration or proceeding which is or may be an issue between Sealink and the Company or Sea Containers Ltd.) may be maintained, prosecuted or continued by or in favour of or against the Company and may be amended in such manner as may be necessary for that purpose.

S-8 Charges

Charges

8.—(1) On and after the day of transfer the Company shall in the exercise of statutory powers and duties at the transferred harbour, have power to make such reasonable charges for its services as it thinks fit.

(2) This article does not apply in relation to—

(a)

(a) ship, passenger and goods dues; or

(b)

(b) charge ascribable to the running of a ferry service in or from a harbour;

and does not authorise the making of any charge in a case where an enactment relating to the transferrred harbour expressly provides for freedom from charges or otherwise prohibits the making of any change.

(3) The provisions of sections 27 to 48 of the Harbours, Docks and Piers Clauses Act 184710(which provide for various matters connected with liabilities for and collection of the rates to be taken by undertakers) as incorporated with or applied by any enactment relating to the transferred harbour apply to charges under this article as if they were rates payable under that enactment.

3 NEW PROVISIONS RELATING TO THE COMPANY AT THE TRANSFERRED HARBOUR

PART III

NEW PROVISIONS RELATING TO THE COMPANY AT THE TRANSFERRED HARBOUR

S-9 Coming into force of new provisions

Coming into force of new provisions

9. The subsequent provisions of this Part of this Order shall have effect on and after the day of transfer.

S-10 Works in the transferred harbour

Works in the transferred harbour

10.—(1) The Company, subject to obtaining the necessary rights in or over land, may execute, place, maintain and operate in and over the transferred harbour such works and equipments as are reqwuired for or in connection with the exercise by it of any of its functions and may alter, renew or extend any works so constructed or placed.

(2) In the exercise of the powers in this article the Company shall not—

(a)

(a) interfere with or damage or otherwise injuriously affect any apparatus belonging to or maintained by any statutory undertaker; or

(b)

(b) do anything which will obstruct or impede any work relating to the inspection or repair of any such apparatus;

without the consent of the statutory undertaker concerned.

(3) In this article “works” means works of any description, and includes the reclamation of land reasonably required for the purpose of executing works.

S-11 Power to dredge

Power to dredge

11.—(1) The Company may deepen, widen, dredge, scour and improve the bed and foreshore of the transferred harbour and may blast any rock within the transferred harbour or in such approaches.

(2) Any materials (other than wreck within the meaning of Part IX of the Act of 1894) taken up or collected in the course of such operations shall be the property of the Company and may be used, sold, removed, deposited or otherwise disposed of as the Company may think fit:

Provided that the Company shall not lay down or deposit any materials in a place below the level of high water except in such positions as the Secretary of State may approve and subject to such conditions or restrictions as he may impose.

(3) Paragraph (2) of article 10 of this Order shall apply in relation to the exercise by the Company of the powers of the said article 10.

S-12 Tidal works not to be executed without approval of Secretary of State

Tidal works not to be executed without approval of Secretary of State

12.—(1) A tidal work...

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