The Order having ceased to be subject to Special ParliamentaryProcedure, the Secretary of State has in pursuance of paragraph 4A(3) ofSchedule 3 to the Harbours Act 1964 appointed 23rd March 1991 as thedate for coming into force of this Order.
Statutory Instruments
HARBOUR, DOCKS, PIERS AND FERRIES
Made
26th February 1990
Laid before Parliament
18th April 1990
Coming into force
23rd March 1991
Whereas objections to the application for this Order have been dulymade and not withdrawn and the Secretary of State for Transport isrequired, in accordance with the procedure prescribed in paragraph 4A ofSchedule 3 to the Harbours Act 1964(1) to give notice of the making of this Order and itseffect to the persons opposing the Order:
And whereas this Order shall come into force 28 days after giving of such notice unless such persons within that period give notice to the Secretary of State that they maintain their opposition to the Order, and their opposition is not withdrawn within that period, in which case it shall come into force atsuch time as is prescribed by the Statutory Orders (Special Procedure)Act 1945(2):
Now therefore the Secretary of State for Transport, inexercise of the powers conferred by section 14 of the Harbours Act 1964and now vested in him(3), and of all other powers enabling him in that behalf,and on the application of the Manchester Ship Canal Company, herebymakes the following Order:—
1.—(1) This Order may be cited as the Manchester Ship Canal HarbourRevision Order 1990.
(2) The Manchester Ship Canal Acts and Orders 1885 to 1987 and thisOrder may be cited together as the Manchester Ship Canal Acts and Orders1885 to 1990.
2. In this Order:—
“the Company” means the Manchester Ship Canal Company;
“Corporation debentures” means the new mortgage debentures issued by the Company to theformer lord mayor aldermen and citizens of the city of Manchester underthe Manchester Ship Canal Act 1891(4), the Manchester Corporation (Ship Canal) Act 1893(5) and the Manchester Ship Canal (Additional Capital, & c.)Act 1893(6);
“the Council” means the Council of the City of Manchester;
“the date of redemption” means the date on which the Corporation debentures are redeemed bythe Company in pursuance of an agreement under paragraph (1) of article3 of this Order.
3.—(1) Notwithstanding the provisions of paragraph (2) of section 7 (Rateof interest on Corporation debentures to be reduced) of the ManchesterShip Canal (Finance) Act 1904(7), the Company and the Council may agree that theCorporation debentures shall become redeemable and that they shall beredeemed by the Company on such date as may be so agreed.
(2) On the date of redemption the Council shall cease to be entitled toappoint directors of the Company and the enactments and instrumentspecified in Part I of the Schedule to this Order shall be repealed or,as the case may be, revoked to the extent specified in the third columnof that Part.
(3) On the date of redemption the following amendments to the ManchesterShip Canal Act 1885(8) shall have effect—
(a)in section 18 (Number of directors), for the word“ten” there shall be substituted the word“five”; and
(b)in section 20 (Quorum), for the word“five” there shall be substituted the word“three”.
4.—(1) On the date of redemption any enactment whereby the exercise of apower to borrow money conferred upon the Company is subject to theconsent of the Council shall cease to have effect and accordingly onthat date the enactments specified in Part II of the Schedule to thisOrder shall be repealed to the extent specified in the third column ofthat Part.
(2) In section 36 (Power to Company to borrow) of the Manchester ShipCanal Act 1956(9), for the words“five million pounds” there shall be substituted the words“fifty million pounds”.
(3) The power to borrow money conferred upon the Company by the said Actof 1956 shall include power to borrow on an unsecured basis or upon thesecurity of a guarantee given by a third party or by any other methodthe directors of the Company see fit.
(4) Notwithstanding anything in any enactment for the time beingrelating to the Company, the directors of the Company may by virtue ofthis article and without further or other sanction or authority exerciseany powers for the time being vested in the Company of borrowing orreborrowing.
(5) In subsection (1) of section 23 (Power to invest & c. in othercompanies) of the Manchester Ship Canal Act 1945(10) there shall be inserted after the words“lend money to” the words“or give guarantees for”.
5. The costs, charges and expenses of and incidental to the preparingand obtaining of this Order and otherwise in relation thereto shall bepaid by the Company and may in whole or in part be defrayed out ofrevenue.
Signed by authority of the Secretary of State for Transport
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Transport
26th February 1990
Articles 3 and 4
| Chapter or number | Short title | Extent of repeal or revocation |
|---|---|---|
| 1891 c.clxxxi. | Manchester Ship Canal Act 1891. | Section 13 and 74. |
| 1893 c.xix. | Manchester Corporation (Ship Canal) Act 1893. | In section 6, the words“and section 13 of the Act of 1891 shall be applicable accordingly.”. |
| 1893 c.xxiii. | Manchester Ship Canal (Additional Capital, & c.) Act 1893. | In section 5, the words“and section 13 of the Act of 1891 shall be applicable accordingly.”. Section 15. |
| 1904 c.lxxiv. | Manchester Ship Canal (Finance) Act 1904. | In section 3, the definition of“Corporation debentures”. In section 5, the second paragraph. |
| Section 7. | ||
| Section 11. | ||
| 1945 c.xi (9 & 10 Geo. 6). | Manchester Ship Canal Act 1945. | Section 22(6). |
| 1966 c.xxvii. | Manchester Ship Canal Act 1966. | In section 14(1), the words“(other than a director appointed by the lord mayor, aldermen and citizens of the city of Manchester)”. |
| S.I. 1983/179. | Manchester Ship Canal Revision Order 1983. | In article 3, the words“(not being a director appointed by the Council of the City of Manchester)”. |
| Chapter | Short title | Extent of repeal |
|---|---|---|
| 1897 c.cviii. | Manchester Ship Canal Act 1897. | In section 3(1), the words“With the previous consent in writing of the corporation under the hand of their town clerk”. |
| Section 4(5). | ||
| 1904 c.lxxiv. | Manchester Ship Canal (Finance) Act 1904. | Section 4(6). |
| 1912 c.xix. | Manchester Ship Canal Act 1912. | Section 3(3). |
| 1913 c.lix. (3 & 4 Geo. 5). | Manchester Ship Canal Act 1913. | In section 9(1), the words“with the consent of the corporation under their common seal”. |
| 1920 c.cxlix. | Manchester Ship Canal Act 1920. | In section 4, the proviso. |
| In section 5, the proviso. | ||
| Section 11. | ||
| 1925 c.cxx. | Manchester Ship Canal Act 1925. | In section 4(3), the words from“but” to the end of the subsection. |
| In section 4(4), the words from“or” where it first occurs, to the end of the subsection. | ||
| 1949 c.xxxvi. | Manchester Ship Canal Act 1949. | In section 43, the words“with the consent of the lord mayor aldermen and citizens of the city of Manchester under their common seal”. |
| 1956 c.lxxx. | Manchester Ship Canal Act 1956. | In section 36, the words“with the consent of the lord mayor aldermen and citizens of the city of Manchester under their common seal”. |
(This note is not part of the Order)
This Order authorises the Manchester Ship Canal Company and theCouncil of the City of Manchester to agree that certain mortgagedebentures issued by the Company to the Council are to be redeemed andthat on the date of redemption the Council is to cease to be entitled toappoint directors of the Company. The Order would also alter the minimumnumber of directors and their quorum. The Order also confers furtherborrowing powers on the Company, provides that any provision in theCompany’s enactments requiring the Council’s or the shareholders'consent to the exercise of such powers is to cease to have effect andenables the Company to give guarantees.
The applicant for the Order is the Manchester Ship Canal Company,Dock Office, Trafford Road, Manchester, M5 2XB.
1964 c. 40; section 14 and Schedule 3 were amended bythe Transport Act 1981 (c. 56), section 18 and Schedule 6, paragraphs 2to 4, 12 and 14.
1945 c. 18, as amended by the Statutory Orders (SpecialProcedure) Act 1965 (c. 43).
See section 57(1) of the Harbours Act 1964 and S.I.1981/238.