(1)Any loans which the Minister makes under section 6 or 11 of this Act shall be repaid to him at such times and by such methods, and interest thereon shall be paid to him at such rates and at such times, as he may, with the approval of the Treasury, from time to time direct.
(2)The Treasury may issue out of the Consolidated Fund to the Minister such sums as are necessary to enable him to make loans under section 6 or 11 of this Act.
(3)For the purpose of providing sums to be issued under the last foregoing subsection, or of providing for the replacement of sums so issued, the Treasury may at any time, if they think fit, raise money in any manner in which they are authorised to raise money under the National Loans Act 1939, and any securities created and issued to raise money under this subsection shall be deemed for all purposes to have been created and issued under that Act.
(4)Any sums received by the Minister under subsection (1) of this section shall be paid into the Exchequer and shall be issued out of the Consolidated Fund at such times as the Treasury may direct, and shall be applied by the Treasury as follows, that is to say.—
(a)so much thereof as represents principal shall be applied in redeeming or paying off debt of such description as the Treasury think fit, and
(b)so much thereof as represents interest shall be applied towards meeting such part of the annual charges for the National Debt as represents interest.
(5)The Minister shall, as respects each financial year, prepare in such form and manner as the Treasury may direct an account of sums issued to him under this section and of the sums to be paid into the Exchequer under subsection (4) of this section and of the disposal by him of those sums respectively, and send it to the Comptroller and Auditor General not later than the end of November following the year; and the Comptroller and Auditor General shall examine, certify and report on the account and lay copies of it, together with his report, before each House of Parliament.
(1)A person who desires to question any such order as follows, namely, a harbour revision or empowerment order (not being one confirmed by Act of Parliament under section 6 of the Statutory Orders (Special Procedure) Act 1945, or under section 2(4), as read with section 10, of that Act) or an order under section 20 of this Act, on the ground that a requirement of this Act was not complied with in relation to the order so far as regards the inclusion therein of a provision authorising the compulsory acquisition of a parcel of land may, within six weeks from the date on which the order becomes operative under the said Act of 1945 (or, in the case of an order under the said section 20, six weeks from the date on which it is made), make an application for the purpose to the High Court or the Court of Session, as the case may be.
(2)On an application under the foregoing subsection, the court—
(a)may, by interim order, suspend the operation of the provision in question, either generally or so far as may be necessary for the protection of the interests of the applicant, until the final determination of the proceedings; and
(b)if satisfied that the interests of the applicant have been substantially prejudiced by failure to comply with a requirement of this Act so far as regards the inclusion in the order of that provision, may quash the order, or any provision thereof, either generally or so far as may be necessary as aforesaid.
(3)Except as provided by this section, a harbour revision or empowerment order or an order under section 20 of this Act shall not, either before or after it is made, be questioned in any legal proceedings whatever so far as regards the inclusion therein of a provision authorising the compulsory acquisition of a parcel of land.
(4)The foregoing provisions of this section shall apply to a harbour re-organisation scheme confirmed by the Minister as they apply to a harbour revision order, with the substitution, for references to the making of the order, to its being made and to a provision authorising the compulsory acquisition of a parcel of land, of references respectively to the confirmation of the scheme, to its being confirmed and to a provision transferring an interest in a parcel of land.
(5)In relation to proceedings in Scotland, subsection (2)(a) of this section shall have effect as if the words " by interim order " were omitted.
A person who—
(a)for the purpose of obtaining the grant or variation of an authorisation under section 9 of this Act, or in purported compliance with a requirement imposed under section 4 or 41 of this Act, gives any information which he knows to be false in a material particular or makes a statement which he knows to be so false or recklessly gives any information which is so false or recklessly makes any statement which is so false; or
(b)with intent to deceive, produces for the purposes of section 10 of this Act a book, record or other document which is false in a material particular;
shall be guilty of an offence and shall be liable—
(i)on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding £100, or to both ;
(ii)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.
(1)No person shall disclose any information furnished to him in pursuance of a requirement imposed under section 4 or 41 of this Act or obtained by him in the exercise of rights under section 10 of this Act except—
(a)with the consent of the person by whom it was furnished or, as the case may be, carrying on the undertaking to which related the books, records or other documents from which it was obtained; or
(b)in the form of a summary of information so furnished by, or so obtained from documents relating to undertakings carried on by, a number of persons, being a summary so framed as not to enable particulars relating to the business of individual persons to be ascertained therefrom; or
(c)for the purpose of enabling the Council or the Minister to discharge their or his functions under this Act; or
(d)for the purposes of any legal proceedings (including arbitrations) or for the purposes of a report of any such proceedings as aforesaid ;
and no person shall disclose anything contained in a forecast furnished to him in pursuance of a requirement under the said section 41 except with the consent of the person by whom the forecast was furnished, in the form of a summary of forecasts so furnished by a number of persons (being a summary framed as mentioned in subsection (1)(b) above), for such a purpose as is mentioned in subsection (1)(c) above or for such purposes as are mentioned in subsection (1)(d) above.
(2)If a person makes a disclosure in contravention of this section he shall be guilty of an offence and liable—
(a)on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding £100, or to both;
(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.
(1)Subsections (2) to (5) of section 290 of the Local Government Act 1933 (which provides for the holding of inquiries for the purposes of that Act)—
(a)shall apply to an inquiry caused by the Minister or the Minister of Agriculture, Fisheries and Food to be held in England or Wales under any provision of this Act as they apply to an inquiry held under the said section 290, subject to the following modifications, namely.—
(i)for references to a department, there shall be substituted references to the Minister or, as the case may be, to the Minister of Agriculture, Fisheries and Food;
(ii)subsection (4) shall have effect as if references therein to the payment of costs by a local authority not being a party to the inquiry had been omitted; and
(b)shall apply to an inquiry caused by the Council to be held in England or Wales under section 31 of this Act as they apply to an inquiry held under the said section 290, subject to the following modifications, namely.—
(i)for references to a department, there shall be substituted references to the Council;
(ii)subsection (4) shall have effect as if references to the payment of costs by a local authority not being a party to the inquiry and to the recovery of an amount as a debt to the Crown had been omitted;
and subsections (4) and (5) of the said section 290 shall, with the like modifications as those specified in paragraph (a)(i) and (ii) above, apply to any hearing caused by the Minister or the Minister of Agriculture, Fisheries and Food to take place in England or Wales in pursuance of any provision of this Act (otherwise than by way of inquiry) as if the hearing were an inquiry caused by him to be held as aforesaid.
(2)Subsections (3) to (9) of section 355 of the Local Government (Scotland) Act 1947 (provisions as to local inquiries) shall, subject to the provisions of the next following subsection, apply to an inquiry caused by the Minister or the Secretary of State to be held in Scotland under any provision of this Act as they apply in relation to local inquiries under that section, and shall so apply to an inquiry caused by the Council to be held in Scotland under section 31 of this Act subject to the following modifications, namely—
(a)for references to the Minister or to a government department there shall be substituted references to the Council;
(b)subsection (8) shall have effect as if references to the payment of expenses by a local authority not being a party to the inquiry and to the recovery of an amount as a debt to the Crown, had been omitted ;
and subsections (8) and (9) of the said section 355 shall, with the like modification in the case of subsection (8) as is specified in paragraph (b) above, apply to any hearing caused by the Minister or the Secretary of State to take place in Scotland in pursuance of any provision of this Act (otherwise than by way of inquiry) as if the hearing were an inquiry caused by him to be held as aforesaid.
(3)In relation to Scotland, any inquiry required by paragraph 4(3) or paragraph 8(3) of Schedule 3 or paragraph 3(3) of Schedule 4 to this Act shall, if the Minister or the Secretary of State so directs, be held by Commissioners under the Private Legislation Procedure (Scotland) Act 1936; and where any direction is so given—
(a)it shall be deemed to have been given under section 2 as read with section 10 of the Statutory Orders (Special Procedure) Act 1945;
(b)the publication and service of the proper notice required in connection with the making of the order or, as the case may be, the confirmation of the scheme which is the subject of the inquiry shall be deemed to be sufficient compliance with the requirements of the said section 2 with regard to the giving of notice by advertisement;
(c)the last foregoing subsection shall not apply to such an inquiry; and
(d)the said paragraphs shall have effect as if for any references therein to an inquiry and to the person who held the inquiry there were substituted references to an inquiry by the Commissioners and to the Commissioners.
(1)Any document required or authorised by this Act to be given to or served on any person may be given or served either by delivering it to that person, or by leaving it at his proper address, or by post by means of the recorded delivery service.
(2)Any such document required or authorised to be given to or served on an authority or body being a corporation shall be duly given or served if it is given to or served on the secretary or clerk of the authority or body.
(3)For the purposes of this section and of section 26 of the Interpretation Act 1889 in its application to this section, the proper address of any person to or on whom any such document as aforesaid is to be given or served shall, in the case of the secretary or clerk of a corporation, be that of the registered or principal office of the corporation, and in any other case be the last-known address of the person to be served, subject, however, to this qualification, that, where the person to or on whom the document is to be given or served has, in accordance with arrangements agreed, furnished an address for the giving or service of the document, being an address in the United Kingdom, his proper address for the purposes aforesaid shall be the address furnished.
(4)If the name or the address of any owner, lessee or occupier of land to or on whom any such document as aforesaid is to be given or served cannot after reasonable inquiry be ascertained by the authority, body or person seeking to give or serve the document, the document may be given or served by addressing it to the person to or on whom it is to be given or served by the description of " owner", " lessee" or " occupier " of the land (describing it) to which the document relates, and by delivering it to some responsible person resident or appearing to be resident on the premises, or, if there is no such person to whom it can be delivered, by affixing it, or a copy of it, to some conspicuous part of the premises.
(1)Where under this Act a document is required to be served on an owner of land, and the land is ecclesiastical property, a copy of the document shall be served on the Church Commissioners.
(2)Where the fee simple of any ecclesiastical property is in abeyance, it shall be treated for the purposes of an application to the Minister or the Minister of Agriculture, Fisheries and Food for any of the following orders in which provision for the compulsory acquisition of the property is proposed to be included, namely, a harbour revision order, a harbour empowerment order and an order under section 20 of this Act, and of a compulsory acquisition of the property in pursuance of a provision for the compulsory acquisition thereof included in any such order, as being vested in the Church Commissioners, and (in the case of such an acquisition as aforesaid) any notice to treat shall be served accordingly.
(3)Where provision for the compulsory acquisition of land is included in such an order as aforesaid, the order must be so framed as to secure—
(a)that if, at the time of the acquisition of any land in pursuance of that provision, the land is ecclesiastical property, any sum agreed upon or awarded for the acquisition of the fee simple of the land shall be paid to the Church Commissioners ; and
(b)that any sum to be paid by way of compensation for damage sustained by reason of severance or injury affecting land that is ecclesiastical property (being severance or injury arising from the acquisition of land in pursuance of that provision) shall be so paid.
(4)Any sum which, in pursuance of a provision included in an order in compliance with the last foregoing subsection, is paid to the Church Commissioners with reference to any land shall, if the land is not consecrated, be applied by them for the purposes for which the proceeds of a sale by agreement of the fee simple of the land would be applicable under any enactment or Measure authorising such a sale or disposing of the proceeds of such a sale, and if the land is consecrated, be applied by them in such manner as they may determine.
(5)In this section the expression " ecclesiastical property" means land belonging to an ecclesiastical benefice of the Church of England, or being or forming part of a church subject to the jurisdiction of the bishop of any diocese of the Church of England or the site of a church so subject, or being or forming part of a burial ground so subject.
For the purposes of this Act, in reckoning any period which is therein, or in an order thereunder, expressed to be a period from a given date, that date shall be excluded.
(1)On the coming into operation of this section, for the definition of " marine work " in section 31(1) of the Harbours, Piers and Ferries (Scotland) Act 1937 there shall be substituted the following definition—
“' marine work ' means a marine work as defined in the Harbours Act 1964”.
(2)Where a harbour owing to the operation of the foregoing subsection has ceased to be a marine work the provisions of the two next following subsections shall have effect in relation to that harbour.
(3)Sections 16 and 18 of the Harbours, Piers and Ferries (Scotland) Act 1937 (deficiency in revenue and levying of rates to meet deficiency) shall continue to apply as they apply to a marine work; and in relation to any works duly authorised for that harbour before the coming into operation of this section, Parts II, III and IV of the said Act of 1937 shall continue so to apply.
(4)Until the coming into operation of an order under this Act of corresponding effect to any provision of Parts II, III and IV of the said Act of 1937, that provision shall continue to apply.
(1)An interest in land in which there is a Crown or Duchy interest may, if the appropriate authority consent to the acquisition thereof, be acquired compulsorily by virtue of this Act, and a power (other than one to acquire land compulsorily) may, if the appropriate authority consent to its being so conferred, be conferred by a harbour revision or empowerment order in relation to land in which there is a Crown or Duchy interest.
(2)In this section " Crown or Duchy interest" means an interest belonging to Her Majesty in right of the Crown or of the Duchy of Lancaster, or to the Duchy of Cornwall, or belonging to a government department or held in trust for Her Majesty for the purposes of a government department, and " the appropriate authority" has the same meaning as in section 199 of the Town and Country Planning Act 1962; and the provisions of subsection (6) of that section as to the determination of questions shall apply for the purposes of this section.
(3)In the application of this section to Scotland—
(a)in subsection (1) for references to a Crown or Duchy interest there shall be substituted references to a Crown interest;
(b)subsection (2) shall not apply ; and
(c)" Crown interest" means an interest belonging to Her Majesty in right of the Crown or belonging to a government department, or held in trust for Her Majesty for the purposes of a government department, and the " appropriate authority "—
(i)in relation to land belonging to Her Majesty in right of the Crown and forming part of the Crown estate means the Crown Estate Commissioners, and, in relation to any other land belonging to Her Majesty in right of the Crown, means the government department having the management of that land: and
(ii)in relation to land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, means that department.
(4)If any question arises as to what authority is the appropriate authority in relation to any land for the purposes of the last foregoing subsection, that question shall be referred to the Treasury, whose decision shall be final.
The reference in section 6 of the Telegraph Act 1878 (which empowers the Postmaster General to establish telegraphic lines on certain undertakings) to an Act of Parliament passed after 1st January 1878 shall be construed as including references to a harbour revision order and to a harbour empowerment order, and the reference in section 7 of that Act (which makes provision as to work done in the execution of certain undertakings which involves alteration in telegraphic lines) to an Act of Parliament shall be similarly construed.
(1)Any power conferred by this Act on the Minister, the Minister of Agriculture, Fisheries and Food or the Secretary of State to make an order, or on the Minister to make regulations, shall be exercisable by statutory instrument.
(2)A statutory instrument containing an order under section 4, 9(1), 18(7), 20 or 60 of this Act or regulations under section 19, 23 or 42 thereof shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1)Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against accordingly.
(2)In the foregoing subsection, the expression " director " in relation to a body corporate established by or under an enactment for the purpose of carrying on under national ownership an industry or part of an industry or undertaking, being a body corporate whose affairs are managed by the members thereof, means a member of that body corporate.
The Statutory Orders (Special Procedure) Act 1945 shall, in its application to an order or scheme to which it applies by virtue of section 14, 16 or 18 of this Act (not being an order or scheme relating to a harbour in Scotland) have effect as if, in section 4 of that Act (which relates to the proceedings upon an order or other instrument to which the Act applies after the reports of the Lord Chairman of Committees and the Chairman of Ways and Means relating to the instrument have, in pursuance of section 3 of the Act, been laid before Parliament), the proviso to subsection (1) were omitted and, for the proviso to subsection (2), there were substituted the following proviso:—
“Provided that where any petition so certified has been certified as a petition of general objection, that petition shall not stand so referred, if during the resolution period, either House has resolved that the petition be not so referred”.
(1)In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say:—
" accounting period " means the period beginning with the passing of this Act and ending with such day falling not more than fifteen months later as the Council may determine, or any subsequent period of not more than fifteen months, beginning with the end of a previous accounting period, which the Council may determine;
" the Boards " means the British Transport Docks Board, the British Railways Board and the British Waterways Board;
" charges " includes fares, rates, tolls and dues of every description;
" the Consolidated Fund " means the Consolidated Fund of the United Kingdom;
" control of movement order " has the meaning assigned to it by section 20(1) of this Act;
" the Council " means the National Ports Council;
" district board " has the same meaning as in the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951;
" dock " means a dock used by sea-going ships ;
" first local advertisement " means, in relation to the publication of a notice as respects a harbour or group of harbours, the first publication of the notice in a local newspaper circulating in the locality where the harbour or group is situate;
" fish " includes molluscs and crustaceans ;
" fishery harbour " has the same meaning as in section 21 of the Sea Fish Industry Act 1951;
" functions " includes powers and duties;
" Gazette and local advertisement " means, in relation to an application, proposed order, order or scheme relating to a harbour or group of harbours, publication in the Gazette and, in each of two successive weeks, in one or more local newspapers circulating in the locality where the harbour or group is situate;
" the Gazette " means—
in relation to publication of a notice as respects a harbour or group of harbours in England or Wales, the London Gazette; and
in relation to the publication of a notice as respects a harbour or group of harbours in Scotland, the Edinburgh Gazette;
" goods " includes fish, livestock and animals of all descriptions;
" harbour ", except where used with reference to a local lighthouse authority, means any harbour, whether natural or artificial, and any port, haven, estuary, tidal or other river or inland waterway navigated by seagoing ships, and includes a dock, a wharf, and in Scotland a ferry or boatslip being a marine work, and, where used with reference to such an authority, has the meaning assigned to it by section 742 of the Merchant Shipping Act 1894;
" harbour authority " means any person in whom are vested under this Act, by another Act or by an order or other instrument (except a provisional order) made under another Act or by a provisional order powers or duties of improving, maintaining or managing a harbour;
" harbour empowerment order " has the meaning assigned to it by section 16(4) of this Act;
" harbour land " means land adjacent to a harbour and occupied wholly or mainly for the purposes of activities there carried on;
" harbour operations " means.—
the marking or fighting of a harbour or any part thereof;
the berthing or dry docking of a ship;
the warehousing, sorting, weighing or handling of goods on harbour land or at a wharf;
the movement of goods or passengers within the limits within which the person engaged in improving, maintaining or managing a harbour has jurisdiction or on harbour land ;
in relation to a harbour (which expression for the purposes of this paragraph does not include a wharf)—
the towing, or moving of a ship which is in or is about to enter or has recently left the harbour;
the loading or unloading of goods, or embarking or disembarking of passengers, in or from a ship which is in the harbour or the approaches thereto;
the lighterage or handling of goods in the harbour; and
in relation to a wharf.—
the towing or moving of a ship to or from the wharf;
the loading or unloading of goods, or the embarking or disembarking of passengers, at the wharf in or from a ship ;
" harbour revision order " has the meaning assigned to it by section 14(1) of this Act;
" harbour reorganisation scheme " has the meaning assigned to it by section 18(1) of this Act;
" improvement committee " has the meaning assigned to it by section 3(1) of the Land Drainage (Scotland) Act 1958 ;
" land " includes land covered by water ;
" large-scale " means, with reference to a map, a scale not less than that of twenty-five inches to the mile;
" lighthouse " has the meaning assigned to it by section 742 of the Merchant Shipping Act 1894 ;
" local lighthouse authority " means any person having by law or usage authority over local lighthouses, buoys or beacons;
" marine work " means a harbour, ferry or boatslip in Scotland (other than a harbour, ferry or boatslip vested in any of the Boards or specified in Schedule 3 to the Harbours, Piers and Ferries (Scotland) Act 1937)—
which, in the opinion of the Secretary of State and the Minister, is principally used or required for the fishing industry, or
which, being situated in one of the following counties, namely, Argyll, Caithness, Inverness, Orkney, Ross and Cromarty, Sutherland and Zetland, is, in the opinion of the Secretary of State and the Minister, principally used or required for the fishing or agricultural industries or the maintenance of communications between any place in those counties and any other place in Scotland;
" the Minister " means the Minister of Transport;
" owner ", in relation to any land, other than land in Scotland, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the land, whether in possession or in reversion, and includes also a person holding or entitled to the rents and profits of the land under a lease or agreement the unexpired term of which exceeds three years, and in relation to any land in Scotland—
unless the land is held on a long lease, means, if the land is feudal property, the proprietor of the dominium utile or, if the land is not feudal property, the owner of the land ;
if the land is held on a long lease, means the lessee under that lease ; and
includes any other person who under the Lands Clauses Acts would be entitled to sell and convey or assign the land or the interest of lessee under such a long lease, as the case may be, to the promoters of an undertaking ;and
and " long lease " means a lease which has been, or is capable of being, recorded in the General Register of Sasines under the Registration of Leases (Scotland) Act 1857;
" plant or equipment " includes vessels;
" port ", where used with reference to a local lighthouse authority, includes place;
" provisional order " means an order confirmed by an Act, by the Board of Agriculture and Fisheries, the Minister of Agriculture and Fisheries or the Minister of Agriculture, Fisheries and Food in pursuance of section 2(3)(2) of the Fishery Harbours Act 1915 or by the Secretary of State in pursuance of section 5(5)(ii) of the Harbours, Piers and Ferries (Scotland) Act 1937;
" river purification authority " has the meaning assigned to it by section 17 of the Rivers (Prevention of Pollution) (Scotland) Act 1951 ;
" river works duties " means duties imposed by an Act to do things of the kinds authorised to be done in exercise of river works powers;
" river works powers " means powers conferred by section 34 of the Land Drainage Act 1930 or corresponding provisions of a local Act or under section 67 or by section 69 of the Water Resources Act 1963 or by an improvement order under section 1 of the Land Drainage (Scotland) Act 1958 or by section 13 as read with section 41 of the Salmon Fisheries (Scotland) Act 1868 or by the Rivers (Prevention of Pollution) (Scotland) Act 1951 or by any local enactment relating to Scotland which confers powers corresponding to the powers conferred by an improvement order or which contains provisions corresponding to the provisions of the said Acts of 1868 and 1951;
" ship ", where used as a noun, includes every description of vessel used in navigation, seaplanes on the surface of the water and hover vehicles, that is to say. vehicles designed to be supported on a cushion of air;
" ship, passenger and goods dues " means, in relation to a harbour, charges (other than any exigible by virtue of section 29 of this Act) of any of the following kinds, namely.—
charges in respect of any ship for entering, using or leaving the harbour, including charges made on the ship in respect of marking or lighting the harbour;
charges for any passengers embarking or disembarking at the harbour (but not including charges in respect of any services rendered or facilities provided for them); and
charges in respect of goods brought into, taken out of, or carried through the harbour by ship (but not including charges in respect of work performed, services rendered or facilities provided in respect of goods so brought, taken or carried);
" statutory duties " means, in relation to a harbour authority, duties vested in them under this Act, by another Act or by an order or other instrument (except a provisional order) made under another Act or by a provisional order, other than river works duties;
" statutory powers " means, in relation to a harbour authority, powers vested in them under this Act, by another Act or by an order or other instrument (except a provisional order) made under another Act or by a provisional order, other than river works powers;
" statutory provision " means a provision, whether of a general or a special nature, contained in, or in a document made or issued under, this Act or any Act (whether of a general or of a special nature) other than this Act;
" wharf " means any wharf, quay, pier, jetty or other place at which sea-going ships can ship or unship goods or embark or disembark passengers.
(2)References in this Act to a harbour which is being improved, maintained or managed by a harbour authority in the exercise and performance of statutory powers and duties shall be construed as references to a harbour which is being improved, maintained or managed by such an authority in the exercise of statutory powers, in the performance of statutory duties or in the exercise and performance of statutory powers and statutory duties, and cognate references shall be similarly construed.
(3)Any reference in this Act to a buoy or beacon shall be construed as including a reference to any other mark or sign of the sea.
(4)Any reference in this Act (elsewhere than in the foregoing provisions of this section or in section 39) to ship, passenger and goods dues shall be construed as including a reference to charges payable by persons using a ferry which is a marine work.
(5)Any reference in this Act to any other enactment shall be construed as a reference to that enactment as amended by any other Act.
For the purposes of this Act neither an internal drainage board (within the meaning of the Land Drainage Act 1930), a river board, a river authority, a river purification authority, a district board, an improvement committee, the Conservators of the River Thames nor the Lee Conservancy Catchment Board shall be taken to be a harbour authority if, apart from this provision, they would only be taken to be such by reason of the fact that river works powers or duties are vested in them; and any reference in this Act to functions of a harbour authority relating to a harbour shall be construed as not including a reference to such powers or duties.
Notwithstanding anything in the Government of Ireland Act 1920 the Parliament of Northern Ireland shall have power to make laws for purposes similar to the purposes of any provision of this Act.
(1)The appropriate Minister may, subject to the provisions of this section, by order repeal or amend any provision relating to a harbour which is contained in a local Act passed before this Act or in a provisional order confirmed or made before this Act or any provision in the Milford Haven Conservancy Act 1958, where it appears to him that the provision is inconsistent with, or has become unnecessary in consequence of, any provision of this Act.
(2)The appropriate Minister shall not make an order under this section repealing or amending any provision in a local Act the Bill for which was promoted, or in a provisional order which was applied for, by a harbour authority or by any body who became a harbour authority by virtue of the Act or order or whose functions under the Act or order have become exercisable by a harbour authority, except on the application of that authority.
(3)Before making an order under this section the appropriate Minister shall consult with any harbour authority who appear to him to be concerned, not being an authority by whom an application for the making of the order was made.
(4)An order under this section may contain such transitional, supplemental or incidental provisions as appear to the appropriate Minister to be expedient.
(5)In this section " the appropriate Minister ", except in the case of the repeal or amendment of a provision relating to a fishery harbour or marine work, means the Minister, in the case of the repeal or amendment of a provision relating to a fishery harbour means the Minister of Agriculture, Fisheries and Food, and in the case of the repeal or amendment of a provision relating to a marine work means the Secretary of State.
There shall be defrayed out of moneys provided by Parliament any increase attributable to this Act in the sums payable out of moneys so provided by way of Rate-deficiency Grant or Exchequer Equalisation Grant under the enactments relating to local government in England and Wales or in Scotland.
(1)For the purposes of the promotion of a Bill containing provision for achieving any object that might be achieved by a harbour revision or empowerment order, a harbour reorganisation scheme or an order under section 20 of this Act, it shall be deemed, notwithstanding the passing of this Act, that that object cannot be attained without new authority from Parliament.
(2)For the purposes of obtaining the issue of a provisional order under the Private Legislation Procedure (Scotland) Act 1936 containing any such provision as aforesaid, it shall be deemed, notwithstanding the passing of this Act, that the objects of that provision cannot be attained without an order confirmed by Parliament under the said Act of 1936.
(1)This Act may be cited as the Harbours Act 1964.
(2)This Act (except section 59 and paragraph 7 of Schedule 1) shall not extend to Northern Ireland.
(3)The enactments specified in columns 1 and 2 of Schedule 6 to this Act are hereby repealed to the extent specified in column 3 of that Schedule.
(4)Sections 26 to 40 of this Act, and the last foregoing subsection, shall come into operation on such day as the Minister may by order appoint.