General Pier and Harbour Act 1861, Amendment Act 1862

[F1 II.—Future or pending Applications for Provisional Orders U.K.

Textual Amendments

F1 Act repealed (E.W.S.) (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 68(1), Sch. 4 Pt. 2; S.I. 1992/1347, art. 2, Sch. (with art. 3)

6 Extent of Part II of Act. U.K.

The provisions of this part of this Act shall apply to every provisional order of the Board of Trade on any application already made or to be hereafter made.

Works U.K.

7 Approval of works by Admiralty. U.K.

Before commencing the construction of any part of the works authorized by a provisional order, the undertakers shall deposit at the Admiralty Office working drawings of the whole works for the approval of the Admiralty: The works shall not be constructed otherwise than in accordance with such approval. After the same are commenced or constructed the undertakers shall not alter or extend the same without first obtaining the like approval. If any work be commenced, constructed, altered, or extended contrary to this provision, the Admiralty may, at the expense of the undertakers, abate and remove it, or any part of it, and restore the site thereof to its former condition.

Modifications etc. (not altering text)

C1 Functions of Admiralty under ss. 7–11 (except so far as they relate to navigation) now exercisable by Secretary of State concurrently with Board of Trade: Harbours Transfer Act 1862 (c. 69), s. 14, Ministry of Transport Act 1919 (c. 50), s. 2(1), S.R. & O. 1919/1440 (Rev. XV, p. 211: 1919 II, p. 849), S.I. 1965/145, arts. 2, 3, Sch. 1 and 1970/1537, art. 2(1)

8 Abandonment, disuse, &c. of works. U.K.

If any work authorized by any provisional order be abandoned or suffered to fall into disuse or decay, the Admiralty may, if and as they think fit, at the expense of the undertakers, either repair and restore such work or any part of it, or abate and remove it or any part of it, and restore the site thereof to its former condition.

Modifications etc. (not altering text)

C2 Functions of Admiralty under ss. 7–11 (except so far as they relate to navigation) now exercisable by Secretary of State concurrently with Board of Trade: Harbours Transfer Act 1862 (c. 69), s. 14, Ministry of Transport Act 1919 (c. 50), s. 2(1), S.R. & O. 1919/1440 (Rev. XV, p. 211: 1919 II, p. 849), S.I. 1965/145, arts. 2, 3, Sch. 1 and 1970/1537, art. 2(1)

9 Power to Admiralty to cause local survey to be made. U.K.

The Admiralty may at any time, at the expense of the undertakers, cause to be made a local survey and examination of the works authorized by any provisional order, or of the site thereof.

Modifications etc. (not altering text)

C3 Functions of Admiralty under ss. 7–11 (except so far as they relate to navigation) now exercisable by Secretary of State concurrently with Board of Trade: Harbours Transfer Act 1862 (c. 69), s. 14, Ministry of Transport Act 1919 (c. 50), s. 2(1), S.R. & O. 1919/1440 (Rev. XV, p. 211: 1919 II, p. 849), S.I. 1965/145, arts. 2, 3, Sch. 1 and 1970/1537, art. 2(1)

10 Recovery of expenses from undertakers. U.K.

Whenever the Admiralty, under the authority of this Act, do any act or thing in relation to any works authorized by any provisional order, which they are by this Act authorized to do at the expense of the undertakers, the amount of such expense shall be a debt to the Crown from the undertakers, and shall be recoverable as such, with costs; or the same may be recovered with costs as a penalty is or may be recoverable from the undertakers.

Modifications etc. (not altering text)

C4 Functions of Admiralty under ss. 7–11 (except so far as they relate to navigation) now exercisable by Secretary of State concurrently with Board of Trade: Harbours Transfer Act 1862 (c. 69), s. 14, Ministry of Transport Act 1919 (c. 50), s. 2(1), S.R. & O. 1919/1440 (Rev. XV, p. 211: 1919 II, p. 849), S.I. 1965/145, arts. 2, 3, Sch. 1 and 1970/1537, art. 2(1)

11 Lights to be exhibited at night during construction of works. U.K.

During the construction of the works the undertakers shall, at their own expense, exhibit and keep burning every night from sunset to sunrise such lights for the guidance of vessels as the Admiralty shall from time to time require or approve of: If the undertakers refuse or neglect to comply with this provision, they shall for each offence be liable to a penalty not exceeding [F2 level 1 on the standard scale].

Textual Amendments

F2 Words substituted (E.W.S.) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G

Modifications etc. (not altering text)

C5 Functions of Admiralty under ss. 7–11 (except so far as they relate to navigation) now exercisable by Secretary of State concurrently with Board of Trade: Harbours Transfer Act 1862 (c. 69), s. 14, Ministry of Transport Act 1919 (c. 50), s. 2(1), S.R. & O. 1919/1440 (Rev. XV, p. 211: 1919 II, p. 849), S.I. 1965/145, arts. 2, 3, Sch. 1 and 1970/1537, art. 2(1)

12 Limitation of time for completion of works. U.K.

The works authorised by any provisional order shall be completed within five years after the passing of an Act confirming the provisional order, or within such other time as the provisional order may direct; and on the expiration of that period the powers by the order given to the undertakers for executing the same, or otherwise in relation thereto, shall cease to be exercised, except as to so much thereof as is then completed.

Rates U.K.

13 Pier, &c. open to public on payment of rates. U.K.

On payment of the rates payable under a provisional order, and subject to the provisions of the principal Act and this Act and the provisional order, the pier or harbour to which the provisional order relates and its approaches shall be open to all persons for the shipping and unshipping of goods, and the embarking and landing of passengers; and such persons and passengers shall have unobstructed ingress, passage, and egress into, along, through, and out of the same.

14 Power to Board of Trade to revise rates. U.K.

Where the undertakers are a company incoporated by the provisional order for the purposes of the undertaking, then, if at any time it appear to the Board of Trade that the clear annual profits divisible on the subscribed and paid-up capital of the company, on the average of the then three last preceding years, amount to or exceed the rate of ten per centum per annum on the nominal value of the shares, the Board of Trade may, if in their discretion they think fit, require the company to reduce the rates received by them to such extent as may to the Board of Trade seem fit: If the company refuse or neglect to comply with any such requirement, they shall be liable to a penalty not exceeding fifty pounds for every day during which such refusal or neglect shall continue: Provided that, if at any subsequent time the profits fall below the said rate of ten per centum per annum, the company may, with the sanction of the Board of Trade again raise the said rates to an amount not exceeding the amount authorized by the provisional order.

15 Company to send copy of annual account in abstract as to rates, vessels, &c. to Board of Trade. U.K.

Where the undertakers are a company as aforesaid, the company, within one month after sending to the clerk of the peace for the county the copy of their annual account in abstract, shall send a copy of the same to the Board of Trade, who shall forward a copy to any persons who may require the same: If the company refuse or neglect to comply with this provision, they shall for every such refusal or neglect be liable to a penalty not exceeding [F3 level 2 on the standard scale].

Textual Amendments

F3 Words substituted (E.W.S.) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G

16 As to audit of account on complaint to Board of Trade. U.K.

If, on complaint in writing by any person interested, it appear to the Board of Trade that there is reasonable ground for believing that such last-mentioned account has not been duly kept, or that any rates have been improperly or unfairly levied by the company, or have not been applied in accordance with the order, then the following provisions shall take effect:

(1) The Board of Trade may appoint an auditor to audit and examine such account, and inquire into the matters complained of, and report to the Board of Trade on such account and matters.

(2) The company shall on demand produce to such auditor all or any of their accounts, books, deeds, papers, writings, and documents, and afford to him all reasonable facilities for examining and comparing the same:

(3) In case any such complaint be found to be true, the reasonable expenses of the auditor shall be paid to the Board of Trade by the company:

(4) In case any such complaint be not found to be true, the reasonable expenses of the auditor shall be paid to the Board of Trade by the complainant:

(5) In either case, such expenses shall be a debt due to the Crown from the company or from the complainant (as the case may be), and shall be recoverable as such, with costs; or the same may be recovered with costs as a penalty is recoverable from the company, or from any person liable to a penalty under the provisional order (as the case may be).

F4 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

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Textual Amendments

F4 S. 17 repealed by Harbours Act 1964 (c. 40), Sch. 6

18 Mode of recovery of rates. U.K.

Without prejudice to any other remedy, the undertakers may recover any rates due in respect of a vessel from the owner or master of such vessel, and any rates due in respect of goods from the owner or consignee of such goods, by proceedings in any court of competent jurisdiction.

General Provisions U.K.

19 10 & 11 Vict. c. 27 incorporated. U.K.

Subject to the provisions of the principal Act and this Act and any provisional order, the M1 Harbours, Docks, and Piers Clauses Act 1847, shall be deemed to be incorporated with every provisional order.

Marginal Citations

M1 1847 c. 27.

20 Water pipes. U.K.

The undertakers may grant or allow to any persons the right of laying down or constructing and maintaining pipes or channels for the conveyance of water to, on, and within the pier or harbour, and may demand and receive such sums in consideration of such grant or allowance as they may think reasonable.

21 Application of Merchant Shipping Act, &c. U.K.

The undertaking authorized by any provisional order shall be subject to the provisions of the [F5 Merchant Shipping Act 1995] and of every general Act relating to harbours or dues on shipping or on goods carried in ships, now in force or hereafter to be passed, and to any future revision or alteration under the authority of Parliament of the rates authorized by the order.

Textual Amendments

F5 Words in s. 21 substituted (1.1.1996) by 1995 c.21, ss. 314(2),316(2), Sch.13 para.1 (with s.312(1))

22 Costs of the order. U.K.

The costs of and connected with the preparation and making of each provisional order shall be paid by the promoters.

F6 23, 24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

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Textual Amendments

F6 Ss. 23, 24, Schs. (A), (C) repealed by Statute Law Revision Act 1875 (c. 66)