SCHEDULES
SCHEDULE 5 PROVISIONS SUPPLEMENTING SECTIONS 15 TO 17
Part I Further Provisions Relating to the Dissolution of the National Ports Council
Duty of Council to facilitate the carrying into effect of section 15 and this Schedule
F31
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Final accounts of the Council
F32
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Disposal of confidential documents belonging to the Council
F33
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Continuance of Council until residual functions completed to Secretary of State’s satisfaction
F34
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Modification of agreements and documents
5
1
Every agreement, other than a contract of employment, to which the Council are a party immediately before the appointed day, whether in writing or not and whether or not of such a nature that rights and liabilities thereunder could be assigned by the Council, has effect as from that date as if—
a
the Secretary of State had been a party to the agreement; and
b
for any reference to the Council there were substituted, as respects anything falling to be done on or after the appointed day, a reference to the Secretary of State.
2
Other documents, not being enactments, which refer to the Council shall be construed in accordance with sub-paragraph (1) so far as applicable.
Legal remedies and pending proceedings
6
1
Where any right, liability or obligation is transferred to the Secretary of State by virtue of section 15(1)(b) or paragraph 4(2)(b), he and all other persons have the same rights, powers and remedies (and, in particular, the same rights as to the taking or resisting of legal proceedings) for ascertaining, perfecting or enforcing that right, liability or obligation as they would have had if it had at all times been a right, liability or obligation of the Secretary of State.
F42
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F53
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Compensation for loss of office
F67
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Compensation for loss of employment
8
1
The Council shall, if they have not done so before the passing of this Act, make a scheme (referred to in this paragraph as the “compensation scheme”) for the payment of compensation, whether by way of a lump sum or periodic payments or by a combination of those methods, to or in respect of persons employed by them who suffer loss of employment which is properly attributable to the winding up of the Council.
2
The compensation scheme must—
a
provide for the payment of compensation to be at the discretion of the Council; and
b
include provision for an appeal body to determine questions arising.
3
For the avoidance of doubt, it is declared that the expenses of the Council in making payments under the compensation scheme are administrative expenses of the Council within section 4 of the M1Harbours Act 1964 (under which such expenses may be funded by charges imposed on harbour authorities); and that the Council’s borrowing powers under section 5 of that Act are exercisable for the purpose of making such payments.
4
As from the appointed day—
a
the administration of the compensation scheme is the responsibility of the Secretary of State, subject to any direction under sub-paragraph (5); and
b
the expenses of administering the scheme and of making payments under it shall be defrayed by the Secretary of State.
5
The Secretary of State may direct that the compensation scheme be administered by such person as may be specified in the direction; and a direction under this sub-paragraph may be revoked or varied by the Secretary of State by a further direction under this sub-paragraph.
6
The Secretary of State may make such amendments to the compensation scheme as appear to him necessary or expedient in consequence of the winding up of the Council or of the transfer of the administration of the scheme under or by virtue of this paragraph.
Pensions
9
1
In this paragraph—
a
“the pension scheme” means the National Ports Council Pension Scheme;
b
“the pension fund” means any assets held on trust for the purposes of the pension scheme; and
c
“pension rights” includes all forms of right to or eligibility for the present or future payment of a pension, gratuity or other like payment.
2
Subject to any direction under sub-paragraph (3), the administration of the pension scheme is the responsibility of the Secretary of State as from the appointed day and on that day the pension fund shall vest in him to be held by him for the purposes of the scheme on the same trusts as subsisted immediately before that day.
3
The Secretary of State may direct—
a
that the pension scheme be administered by, and the pension fund vest in, such person as may be specified in the direction;
b
that the payment of any pension payable otherwise than under the pension scheme to a former member of the Council be the responsibility of such person as may be specified in the direction;
and a direction under this sub-paragraph may be revoked or varied by the Secretary of State by a further direction under this sub-paragraph.
4
The Secretary of State may make such amendments to the pension scheme as appear to him necessary or expedient in consequence of the winding up of the Council or of the transfer of the administration of the scheme under or by virtue of this paragraph; but no such amendment shall prejudice any pension rights existing under the scheme immediately before the amendment takes effect.
5
There shall be defrayed by the Secretary of State—
a
any expenses incurred on or after the appointed day in administering or making payments under the pension scheme, so far as those expenses cannot be met from the pension fund; and
b
any expenses incurred on or after that day in administering or paying any such pension as is mentioned in sub-paragraph (3)(b).
Transfer to the Secretary of State of certain of the Council’s former functions
10
C11
In section 30(4) of the M2Harbours Act 1964 (duty of authority to supply copy of list of charges) for “the Council” there is substituted as from the appointed day “the Secretary of State”.
C12
In section 31 of the Harbours Act 1964 (right of objection to certain charges) as from the appointed day—
a
for “the Council”, wherever occurring, there is substituted “
the Secretary of State
”
, and where necessary in consequence of that substitution for pronouns and verbs in the plural there are substituted corresponding pronouns and verbs in the singular; and
b
in subsection (13) the words from “and in relation” to the end are repealed.
3
Sections 30(4) and 31 of the M3Harbours Act 1964, and any enactment applying in relation to inquiries under the said section 31, have effect as from the appointed day as if anything previously done by or in relation to the Council (including any direction given by the Council and in force immediately before that day) had been done by or in relation to the Secretary of State.
Information for the Secretary of State
11
In section 41 of the M4Harbours Act 1964 (power to obtain information and forecasts), and in section 2 of the M5Harbours (Loans) Act 1972 (which extends that power), as from the appointed day—
a
for “the Council”, wherever occurring, there is substituted “the Secretary of State”; and
b
for “their functions”, wherever occurring, there is substituted “his functions”;
and any notice served by the Council under the said section 41 and not complied with before the appointed day has effect on and after that day as if it had been served by the Secretary of State and as if the information or forecasts required by it were required to be furnished to him.
Pending proceedings for harbour reorganisation scheme
F712
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13
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Textual amendments to facilitate repeals
C214
1
The following amendments (which do not alter the effect but facilitate express repeals in passages referring to the Council) have effect as from the appointed day.
2
In section 17(1)(a), (b) and (g) of the M6Harbours Act 1964 and in Parts I, II, and VII of Schedule 3 to that Act for “the Minister”, wherever occurring, there is substituted “
the Secretary of State
”
.
3
In section 17(1) of the Harbours Act 1964, at the end of the paragraphs there is inserted—
and the said Parts I, II and VII shall have effect with respect to the procedure for the making of orders by the Minister of Agriculture, Fisheries and Food with the substitution, except in paragraph 6(2), of references to him for references to Secretary of State.
4
In paragraph 4(5) and paragraph 8(4) of Schedule 3 to the Harbours Act 1964, and in paragraph 3(6) of Schedule 4 to that Act, for the opening words down to “reported on and” (which require the Secretary of State, before making an order or confirming a scheme, to consider a report of the Council and the documents reported on) there is in each case substituted—
After considering the objections (if any) made and not withdrawn, and the reports of any person who held an inquiry and any person appointed for the purpose of hearing an objector, the Secretary of State
5
In pararaph 2(d) of Schedule 4 to the Harbours Act 1964 for such a local lighthouse authority as aforesaid there is substituted “
a local lighthouse authority who are not a harbour authority,
”
and for
the like documents as would be required to be served in compliance with sub-paragraph (c) above had the scheme been submitted by the Council there is substituted “
a copy of the scheme, together, (if copies of a map or maps wre deposited with it) with a copy of that map, or copies of those maps were deposited with it) with a copy of that map, or copies of those maps, and, in any event, with a notice stating that the scheme has been submitted to the Secretary of State and that, if the authority served desire to make to the Secretary of State objection to the scheme, they should do so in writing (stating the grounds of their objection) before the expiration of the period of forty-two days from the date on which the notice is served on them
”
.
6
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Power to adjust local enactments
15
1
If it appears to the Secretary of State that the operation of section 15(1)(a) or of any of the preceding paragraphs of this Schedule in relation to any enactment of local application (including any provision of a public general Act as applied by such an enactment) is uncertain or produces a result which is anomalous or confusing, he may by order direct that the enactment shall have effect as may be specified in the order, or not have effect, as may appear to him requisite in consequence of section 15 and this Schedule.
2
An order under this paragraph shall have effect from such date as may be specified in the order, which may be a date before the making of the order but not earlier than the appointed day.
3
An order under this paragraph shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.