Mersey Docks and Harbour Act 1992

SCHEDULES

Section 3.

SCHEDULE 1 Further powers of Company

Preliminary

1 Each of the powers conferred on the Company by this Schedule is in addition to, and not in derogation of, any other power conferred on the Company by this Schedule or by any other enactment.

Activities as ship’s agent

2 The Company may carry on at the port the activities of a ship’s agent.

Storage of goods

3 The Company may provide facilities for the storage of goods.

Incidental amenities and facilities

4 (1) In places where those using the services and facilities provided by the Company or any of its subsidiaries may require them, the Company may provide both for them and for other persons facilities for the purchase and consumption of food and drink and such other amenities and facilities as appear to the Company appropriate.

(2) The Company may, at any place where, in the exercise of the power conferred by sub-paragraph (1), it or any of its subsidiaries provides a car park, repair motor vehicles, both for persons using the car park and others, and sell to any such persons petrol, oil, spare parts and accessories for motor vehicles.

Other activities

5 The Company may carry on any business which in its opinion can advantageously be carried on by reason of the fact that the business—

(a) involves the use of machinery, plant or equipment of a kind used by the Company or any of its subsidiaries in connection with the operation of the port;

(b) requires skills which employees of the Company or of any of its subsidiaries have in connection with the operation of the port; or

(c) involves the provision of a service or facility of a kind used by the Company or any of its subsidiaries in connection with the operation of the port.

6 (1) The Company may manufacture for sale to any person and repair for any person anything which it considers can advantageously be so manufactured or repaired by reason of the fact that the Company or any of its subsidiaries has materials or facilities for, or skill in, the manufacture or repair of that thing in connection with its existing activities.

(2) The Company may sell to any person, and for that purpose purchase, anything which is of a kind which the Company or any of its subsidiaries purchases in the course of its existing activities.

(3) In this paragraph“existing activities” includes existing activities carried on by virtue of this paragraph.

7 The Company may provide for any person technical advice or assistance including research services as respects any matter in which it or any of its subsidiaries has skill or experience.

Acquisition of further harbour undertakings

8 (1) The Company may, either alone or together with any other person, provide, maintain or operate harbours additional to the port of Liverpool.

(2) For the purposes of sub-paragraph (1) the Company may acquire by agreement any harbour undertaking, or any part of such an undertaking.

(3) The Company may subscribe for or acquire shares or securities of a body corporate which is wholly or mainly engaged, or which it is proposed should become wholly or mainly engaged, in the provision, maintenance or operation of a harbour.

Disposal and discontinuance of parts of the Company’s undertaking, etc.

9 (1) The Company may dispose of any part of its undertaking, or any property, which in its opinion is not required by it for the purposes of its business.

(2) The Company may dispose of or discontinue any part of its undertaking carried on by virtue of paragraph 5 or 6.

(3) The Company may dispose of or discontinue any part of its undertaking acquired under paragraph 8 and may dispose of any shares or securities subscribed for or acquired under that paragraph.

(4) The powers of disposal conferred by this paragraph include power—

(a) to dispose of property absolutely or for a term of years;

(b) to dispose of a right in, or interest over, property.

(5) References in this paragraph to the Company’s business or undertaking include references to any business or undertaking carried on by a subsidiary of the Company.

Training, education and research

10 (1) The Company may do anything it thinks fit for the purpose of advancing—

(a) the skill of its employees and those of its subsidiaries; or

(b) the efficiency and manner in which the equipment of the Company and its subsidiaries is operated,

including making, or assisting the making, of provision for training and education.

(2) The Company may do anything which appears to it practicable or desirable for the purpose of—

(a) promoting research into matters affecting, or arising out of, the activities of the Company and its subsidiaries; or

(b) turning to account the results of any such research.

General supplementary powers

11 The Company may purchase, manufacture or repair anything required for the purposes of its business.

12 The Company may acquire any undertaking or part of an undertaking if the assets of the undertaking or part are wholly or mainly assets which it requires for the purposes of its business.

13 The Company may, for the purpose of its business, lend money to any person for the purposes of an undertaking carried on by him or, where that person is a body corporate, any undertaking carried on by a subsidiary of that body corporate.

Subsidiaries

14 (1) The Company may form and promote, or join with any other person in forming and promoting, a company for carrying on any activities which the Company has power to carry on.

(2) The Company may enter into arrangements with a company (“the body concerned”) formed in exercise of the powers conferred by sub-paragraph (1) for the transfer to the body concerned from the Company or any of its subsidiaries, in such manner and on such terms (including payments by any of the parties to the arrangements to any other of them) as may be provided for by the arrangements of any property, rights, liabilities or obligations of the Company or any of its subsidiaries relevant to the carrying on of the activities to be carried on by the body concerned.

Working agreements, etc.

15 (1) The Company may enter into an agreement with any person for the carrying on by that person, whether as agent of the Company or otherwise, of any of the activities which the Company may itself carry on.

(2) The Company may enter into arrangements with a person with whom an agreement is made under sub-paragraph (1) for the transfer to that person from the Company or any of its subsidiaries, in such manner and on such terms (including payments by any of the parties to the arrangements to any other of them) as may be provided for by the arrangements, of any property, rights, liabilities or obligations of the Company or any of its subsidiaries relevant to the carrying on of the activities to be carried on by that person.

Interpretation

16 In this Schedule—

(a) references to selling and purchasing include references to supplying or obtaining by exchange, hire or hire-purchase;

(b) references to manufacture include references to construction and production;

(c) references to repair include references to maintenance; and

(d) references to goods include references to fish, livestock and animals of all descriptions.

Section 4.

SCHEDULE 2 provisions of the 1971 Act repealed

Provision	Extent of repeal
(1)	(2)
Section 5 (Amendment of Liverpool Pilotage Order)	The whole section.
Section 7 (Change of name)	Subsection (1).
	In subsection (2), the words “After the moratorium period” and “and with the approval in writing of the Secretary of State”.
	In subsection (3), the words “both” and “of subsection (1) or, as the case may be”.
Section 8 (General duties)	Subsection (1)(b).
Section 37 (Articles of association)	In subsection (2), the words from “other” to the end of the subsection.
Section 45 (Directorate during moratorium period)	The whole section.
Section 46 (Moratorium in relation to new securities and borrowing)	The whole section.
Section 47 (Part redemption during the moratorium period)	The whole section.
Section 48 (Draft scheme)	The proviso to subsection (1)(c).
Section 51 (Rights of original debenture holders)	The whole section.