The Pilotage Act 1987 (Pilotage Commission: Transfer of Property, Rights and Liabilities) Order 1990

Article 3

SCHEDULE 2

Modifications to the Scheme

1.  In Article 1 of the Scheme the following definition shall be added:

“the Liquidation Funds” means the Liquidation Funds established under paragraphs 15 and 20 of the Trinity House London District and Headquarters Transfer Scheme and paragraph 13 of the Isle of Wight Transfer Scheme both made on 30 June 1988 under section 24(6) of the Pilotage Act 1987; and “the Transfer Schemes” means those two Schemes.

2.  In Article 2 of the Scheme:–

(a) in paragraph (1), for “31 August 1989” there shall be substituted “30 September 1990”;

(b) in paragraph (2), the words “for the purposes of its functions under section 28(8) of the Pilotage Act 1987 and” shall be inserted after “except”; and “for the purpose of carrying out their functions under the said section 28(8) and” shall be inserted after “save” where it first appears;

(c) in paragraph (3)(h) “31st July 1989 and for the period 1 November 1989 to 31 December 1989” shall be substituted for “30 June 1989”;

(d) in paragraph (4)

(i) “(whether present himself, or by his representative)” and “or represented” shall be deleted;

(ii) the following sentence shall be inserted after the first sentence: “In the event of equality of votes the chairman shall have a casting vote, and a resolution is also passed if he exercises his casting vote in favour of it”;

(iii) “by the liquidators” shall be inserted after “in writing”;

(e) in paragraph (5)

(i) “(or his representative designated for that purpose)” and “or their representatives (as the case may be)” shall be omitted;

(ii) the following sentence shall be inserted after the third sentence: “In the event of equality of votes the chairman shall have a casting vote, and a resolution is also passed if he exercises his casting vote in favour of it”;

(iii) “by the liquidators” shall be inserted after “a note”;

(f) paragraph (6) shall be omitted;

(g) in paragraph (10) “or is identified in the Commission’s statement of affairs before the expiration of 15 days immediately following the Liquidation Date” shall be omitted;

(h) in paragraph (13) “31st July 1989 and for the period 1 November 1989 to 31 December 1989” shall be substituted for “30 June 1989”;

(i) there shall be added as paragraph (16) the following:–

• “The Competent Harbour Authorities shall be responsible following completion of the winding-up of the Commission for any liabilities of the Commission which may remain outstanding in the proportions specified in paragraph (13) above.”.

3.  Article 2 shall be subject to the further modification that as respects the property and rights of the Commission so far as they are dealt with under the Transfer Schemes, the Scheme shall have effect as if Article 2 did not apply and the Scheme provided that such property and rights, including the Liquidation Funds, shall on the Liquidation Date (as defined in Article 1 of the Scheme) vest in the Secretary of State on trust to deal with the same and the income thereof, subject to the duty to discharge the liabilities charged thereon, in accordance with, and with all the powers (including the power to charge for and recover administration and other costs out of the Liquidation Funds) conferred by, the Transfer Schemes establishing the Liquidation Funds respectively but as though in each such Transfer Scheme all references to the Commission were references to the Secretary of State.