The Port of Lowestoft (Transfer of Mutford Lock) Harbour Revision Order 2021
| Jurisdiction | UK Non-devolved |
| Citation | SI 2021/32 |
2021 No. 32
Harbours, Docks, Piers And Ferries
The Port of Lowestoft (Transfer of Mutford Lock) Harbour Revision Order 2021
Made 14th January 2021
Laid before Parliament 21th January 2021
Coming into force 19th February 2021
Associated British Ports has applied in accordance with section 14(2)(a) of the Harbours Act 19641(“the Act”) for a harbour revision order under section 14 of the Act.
The Secretary of State, as the appropriate Minister for the purposes of that section, has by an Order2under section 42A of the Act3delegated the functions of the appropriate Minister under section 14 of the Act4to the Marine Management Organisation5.
The Marine Management Organisation, being satisfied as mentioned in section 14(2)(b) of the Act and in exercise of the powers conferred by section 14(1), (2A) and (3) of the Act makes the following Order.
PART 1
PRELIMINARY
Citation and commencement
1. This Order may be cited as the Port of Lowestoft (Transfer of Mutford Lock) Harbour Revision Order 2021 and shall come into force on 19th February 2021.
Interpretation
2.—(1) In this Order—
“the 1975 Order” means the Oulton Broad Revision Order 19756;
“the Act of 1827” means the Act entitled “An Act for making and maintaining a Navigable Communication for ships and other vessels between the City of Norwich and the Sea at or near Lowestoft in the County of Suffolk”7;
“the Act of 1988” means the Norfolk and Suffolk Broads Act 19888;
“A.B. Ports” means Associated British Ports;
“the adjoining land” means the land adjoining Mutford Lock which is described in the Schedule to this Order;
“the Authority” means the Broads Authority established by section 1 of the Act of 1988;
“the day of transfer” means the date this Order comes into force;
“Mutford Lock” means the lock which is described in the Schedule to this Order;
“the signed plan” means the plan prepared in duplicate, signed by the Chief Executive Officer of the Marine Management Organisation and marked “Signed plan referred to in the Port of Lowestoft (Transfer of Mutford Lock) Harbour Revision Order 2021”, one copy of which is deposited at the offices of the Marine Management Organisation and the other at the principal office of A.B. Ports and available on the A.B. Ports website9; and
“the yellow land” means that part of Mutford Lock coloured yellow on the signed plan.
(2) In this Order a reference to the undertaking of A.B. Ports in respect of Mutford Lock is a reference to the powers, duties, obligations, responsibilities, property, rights and liabilities of A.B. Ports in relation to that lock which exist immediately before the day of transfer.
PART 2
HARBOUR JURSIDICTION
Harbour Jurisdiction
3.—(1) On and from the day of transfer Mutford Lock shall cease to be part of the area of jurisdiction of A.B. Ports as harbour authority for the Port of Lowestoft and A.B. Ports shall cease to have in respect of Mutford Lock any of the powers, duties, obligations, responsibilities, rights and liabilities of a harbour authority.
(2) The western limit of jurisdiction of the Port of Lowestoft on and from the day of transfer is shown by the line marked “Proposed Limit of Harbour Jurisdiction” on the signed plan running between Latitude 52.474514 Longitude 1.711342, Latitude 52.474573 Longitude 1.711465 and Latitude 52.474802 Longitude 1.711617.
Lowestoft Harbour Byelaws
4. On and from the day of transfer the Lowestoft Harbour Bye-laws 199310shall cease to apply to Mutford Lock.
Transfer of property, functions, etc.
5.—(1) On the day of transfer—
(a)
(a) Mutford Lock and the adjoining land (other than the yellow land),
(b)
(b) all rights, liabilities, responsibilities and obligations incurred by A.B. Ports for the purposes of Mutford Lock and the adjoining land as a consequence of their ownership thereof (other than such as may have been incurred in consequence of their ownership of the yellow land), and
(c)
(c) any powers and duties conferred or imposed on A.B. Ports by any enactment of local application in relation to Mutford Lock (other than in relation to the yellow land) which exist immediately before the day of transfer, shall be transferred to the Authority.
(2) On and from the day of transfer any enactment of local application conferring or imposing any powers and duties conferred or imposed on A.B. Ports in relation to the yellow land shall cease to have...
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