General Pier and Harbour Act 1861

15 Board of Trade may grant Provisional Orders, subject to Provisions herein named.

After such Inquiries as the Board of Trade may think expedient, and after the Consent of the Admiralty, and of the Commissioners of Her Majesty's Woods, Forests, and Land Revenues, and, if required, of the Persons mentioned in the last preceding Section, shall have been obtained, and the same shall have been certified to the Board of Trade in such Manner as they may require, the Board of Trade may settle and make a Provisional Order; and every such Order shall be made and shall take effect subject and according to the following Provisions :—

• It shall specify who are to be the Undertakers of the Works, and may provide (where requisite) for the Election or Appointment of Commissioners as Undertakers of the Works, and may (where requisite) incorporate the Undertakers into a Body Corporate, with an appropriate Name, perpetual Succession, and a Common Seal:

• It may empower the Undertakers to make and alter Byelaws for the Management of such Works, subject in England and Ireland to the Approval of the Court of Quarter Sessions of the Peace for the County in which the Works are situated, and in Scotland to the Approval of the Sheriff or Sheriff Substitute of such County:

• It may empower the Undertakers to take Land on Lease or otherwise, to an Extent limited by the Order, by Agreement:

• It may empower the Undertakers to levy and to recover Rates at such Works, and may provide for the Application of the Monies accruing from the Rates to he levied, and (where requisite) may provide for the due Audit of the Accounts of Receipts and Expenditure at such Works:

• It may empower the Undertakers for the Purposes of such Works to borrow on Mortgage or Bond, at a maximum Rate of Interest to be therein specified, upon Security of the Rates, to an Extent limited by the Order, with Provisions for Payment of Interest and Repayment of Principal:

• It may incorporate by Reference " The Commissioners Clauses Act " (1847)," "The Companies Clauses Act (1845)," "The Com" panics Clauses (Scotland) Act (1845)," " The Harbour, Docks, " and Piers Clauses Act (1847)," "The Lands Clauses Consolidation Act (1845)," "The Lands Clauses Consolidation " (Scotland) Act (1845)," or any Part of such Acts, except so much of the said Two last-mentioned Acts as relates to the Purchase of Land otherwise than by Agreement; the Expression the " Special Act" used in such incorporated Acts shall be deemed to apply to such Provisional Order.