Lerwick Harbour Act 1994

Alteration of limits of harbour of Lerwick

3 (1) As from the commencement of this Order the limits of the harbour and of the area within which the Trustees have authority to exercise powers by virtue of any jurisdiction or function conferred or imposed on or transferred to them by the Lerwick Harbour Acts and Orders 1877 to 1993 or by any other enactment shall be extended to include the added areas and thereafter the harbour shall comprise the area described in Part II of the said Schedule in lieu of the existing area.

(2) Subject as hereinafter provided, all enactments conferring rights, powers, privileges and immunities or imposing duties, obligations and liabilities upon the Trustees including provisions for the protection of any person and all byelaws and regulations made by the Trustees which relate to or are in force in the existing area shall relate to and have effect in the harbour and in all lands and heritable properties from time to time in the ownership or occupation of the Trustees.

(3) Without prejudice to the generality of subsections (1) and (2) above, nothing in this Order shall affect the operation within the existing area of such of the provisions of the [1847 c. 27.] Harbours, Docks, and Piers Clauses Act 1847 as immediately before the coming into operation of this Order were operative within that area and the said provisions shall extend and apply to the added areas.

(4) A map showing the limits of the harbour as described in Part II of the Schedule to this Order of which four copies have been signed by Gavin Douglas, Q.C., Senior Counsel to the Secretary of State under the [1936 c. 52.] Private Legislation Procedure (Scotland) Act 1936, shall within one month after the commencement of this Order be deposited as follows, that is to say, one copy at the offices of the Secretary of State in Edinburgh, one copy at the office of the Chief Executive of the Shetland Islands Council, one copy with the Department of Transport and one copy with the Sheriff Clerk of the Sheriff Court District of Lerwick.

(5) In the event of any discrepancy between the description in words of the limits of the harbour as described in Part II of the Schedule to this Order and the limits delineated on the map referred to in subsection (4) above, the description in words shall prevail.

(6) Section 6 of and the Schedule to the Order of 1975 and the [S.I. 1989/1055.] Lerwick Harbour Revision Order 1989 are hereby repealed.