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

Modifications to the Scheme

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.”.