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Docks and Harbours Act 1966

Status:

This is the original version (as it was originally enacted).

SCHEDULES

Sections 1, 2, 25.

SCHEDULE 1Ports and Licensing Authorities

PortLicensing Authority
BlythBlyth Harbour Commissioners.
DunstonTyne Improvement Commissioners.
GatesheadTyne Improvement Commissioners.
NewcastleTyne Improvement Commissioners.
South ShieldsTyne Improvement Commissioners.
North ShieldsTyne Improvement Commissioners.
SunderlandRiver Wear Commissioners.
Seaham HarbourSeaham Harbour Dock Company.
MiddlesbroughTees Conservancy Commissioners.
The HartlepoolsBritish Transport Docks Board.
HullBritish Transport Docks Board.
GooleBritish Transport Docks Board.
GrimsbyBritish Transport Docks Board.
ImminghamBritish Transport Docks Board.
BostonBoston Corporation.
Sutton BridgeWisbech Corporation.
WisbechWisbech Corporation.
King's LynnKing's Lynn Conservancy Board.
Great YarmouthGreat Yarmouth Port and Haven Commissioners.
LowestoftBritish Transport Docks Board.
IpswichIpswich Dock Commission.
LondonPort of London Authority.
The area of the Conservators of the River MedwayConservators of the River Medway.
The area of the Commissioners of the Faversham Navigation.Conservators of the River Medway.
The area of the Conservators of Milton Creek.Conservators of the River Medway.
The harbour area of the Queen-borough Corporation.Conservators of the River Medway.
WhitstableWhitstable Urban District Council.
Southampton,British Transport Docks Board.
Poole and HamworthyPoole Harbour Commissioners.
WeymouthWeymouth Corporation.
PlymouthCattewater Harbour Commissioners.
CharlestownCharlestown Estate Limited.
FalmouthFalmouth Harbour Commissioners.
FoweyFowey Harbour Commissioners.
HayleHarvey and Co. Limited.
NewlynNewlyn Pier and Harbour Commissioners.
ParPort of Par Limited.
PenrynPenryn Borough Council
PenzancePenzance Borough Council.
PorthlevenPorthleven Harbour and Dock Co. Limited.
PortreathA. C. Reynolds and Sons.
TruroTruro City Council.
BristolBristol Corporation.
SharpnessBritish Waterways Board.
GloucesterBritish Waterways Board.
NewportBritish Transport Docks Board.
Cardiff and PenarthBritish Transport Docks Board.
BarryBritish Transport Docks Board.
Port TalbotBritish Transport Docks Board.
SwanseaBritish Transport Docks Board.
BirkenheadMersey Docks and Harbour Board.
BromboroughMersey Docks and Harbour Board.
LiverpoolMersey Docks and Harbour Board.
GarstonMersey Docks and Harbour Board.
WidnesMersey Docks and Harbour Board.
Ellesmere PortManchester Ship Canal Company.
ManchesterManchester Ship Canal Company.
PartingtonManchester Ship Canal Company.
RuncornManchester Ship Canal Company.
Weston PointBritish Waterways Board.
PrestonPreston Corporation.
FleetwoodBritish Transport Docks Board.
Barrow-in-FurnessBritish Transport Docks Board.
SillothBritish Transport Docks Board.
WhitehavenWhitehaven Harbour Commissioners.
WorkingtonWorkington Harbour and Dock Co. Limited.
MaryportMaryport Harbour Commissioners.
AyrBritish Transport Docks Board.
TroonBritish Transport Docks Board.
IrvineIrvine Harbour Company.
ArdrossarnArdrossan Harbour Company.
GreenockClyde Port Authority.
GlasgowClyde Port Authority.
AberdeenAberdeen Harbour Board.
DundeeDundee Harbour Trustees.
TayportDundee Harbour Trustees.
KirkcaldyKirkcaldy Royal Burgh Council.
MethilBritish Transport Docks Board.
BurntislandBritish Transport Docks Board.
GrangemouthBritish Transport Docks Board.
GrantonThe Commissioners for the Harbour and Docks of Leith.
LeithThe Commissioners for the Harbour and Docks of Leith.

Section 44.

SCHEDULE 2Section 44 of 1964 Act as Amended

44(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 [1945 c. 18.] Statutory Orders (Special Procedure) Act 1945, or under section 2(4), as read with section 10, of that Act) on the ground that there was no power to make the order or that a requirement of this Act was not complied with in relation to the order, or who desires to question an order under section 20 of this Act, on the ground that there was no power to make the order or 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.

(1A)On an application under the foregoing subsection relating to a harbour revision or empowerment order, the court—

(a)may, by interim order, suspend the operation of the order or of any provision thereof, 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 there was no power to make the order or that the interests of the applicant have been substantially prejudiced by a failure to comply with a requirement of this Act, may quash the order, or any provision thereof, either generally or so far as may be necessary as aforesaid.

(2)On an application under subsection (1) of this section relating to an order under section 20 of this Act, 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 there was no power to make the order or 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 shall not, either before or after it is made, be questioned in any legal proceedings whatever, and 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 reorganisation scheme confirmed by the Minister as they apply to a harbour revision order, with the substitution for references to the making of the order and to its being made of references respectively to the confirmation of the scheme and to its being confirmed.

(5)In relation to proceedings in Scotland, subsections (lA)(a) and (2)(a) of this section shall have effect as if the words " by interim order " were omitted.

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