The Llanelli Harbour Revision Order 1997

Transfer of undertaking

Establishment of Council as harbour authority for the harbour

3.  On the transfer date the Council shall become the harbour authority for the harbour and the Trust shall cease to be the harbour authority for the harbour.

Transfer of harbour undertaking and functions to Council

4.—(1) On the transfer date all the property, rights and liabilities of the Trust shall be transferred to and become property, rights and liabilities of the Council.

(2) On and from the transfer date the Council shall have in respect of the harbour all the duties and powers imposed or conferred on the Trust by any provision of the Llanelly Harbour Acts and Orders 1858 to 1954, and on that date the Trust shall cease to have any such duties or powers in respect of the harbour.

(3) In consequence of paragraph (2) above, on and from the transfer date any statutory provision of local application or document whatsoever (other than a document referred to in article 6 of this Order) shall, so far as it relates to the harbour, have effect (except where the context otherwise requires and subject to any necessary modifications) as if, for any reference however worded and whether expressed or implied—

(a) to the Trust, there were substituted a reference to the Council; and

(b) to any officer or servant of the Trust, there were substituted a reference to the officer or servant of the Council who corresponds as nearly as may be to the first mentioned officer or servant.

Byelaws, etc.

5.  On and from the transfer date any byelaw, regulation, licence or consent made, issued or granted by the Trust in relation to the harbour and in force immediately before that date shall continue in force and be deemed to have been made, issued or granted by the Council.

Saving of agreements, etc.

6.  All sales, conveyances, leases, grants, assurances, deeds, contracts, bonds, agreements, notices and demands affecting the harbour undertaking and in force immediately before the transfer date (other than any such document the parties to which include both the Trust and the Council) shall (insofar as they relate to that undertaking) on and from that date be as binding and of as full force and effect as respects anything occurring or falling to be done on and after the transfer date and may be enforced as fully and effectively against or in favour of the Council as if (except in any case where the Council as agent for the Trust is already a party thereto or bound thereby or entitled to the benefit thereof) the Council instead of the Trust had been a party thereto or bound thereby or entitled to the benefit thereof and as if in any case where the Council as agent for the Trust is already a party thereto or bound thereby or entitled to the benefit thereof the Council had been a party thereto or bound thereby or entitled to the benefit thereof in its own right and not as agent for the Trust.

Continuance of proceedings

7.  Nothing in this Order shall release, discharge or suspend any action, arbitration or other proceeding, or any cause of action, arbitration or other proceeding, pending or existing immediately before the transfer date—

(a) by or in favour of or against the Trust; or

(b) by or in favour of or against the Council as agent for the Trust;

in relation to the harbour undertaking, and any such action, arbitration or other proceeding or cause of action, arbitration or other proceeding may be maintained, prosecuted or continued with the substitution of the Council as a party to the proceedings in lieu of the Trust and any such proceedings may be amended in such manner as may be necessary for that purpose.