The Portsmouth Harbour (Gunwharf Quays) Order 1999

PART III MISCELLANEOUS AND GENERAL

Power to dispose, transfer, lease, etc. the undertaking or its operation

6.  The undertaker may at any time transfer, assign, lease or otherwise dispose of the whole or any part of the authorised works or their operation and the transferee shall become the undertaker for the purposes of this Order in respect of that part of the authorised works or their operation transferred to him.

Protection of Railtrack

7.  Any agreements for the protection of Portsmouth Harbour Railway Station and adjoining property of Railtrack PLC, which are or have been entered into between Railtrack PLC and the Berkeley Festival Waterfront Company Limited in relation to the exercise of the powers of this Order, shall apply to the exercise of the powers of this Order by any person to whom all or any part of the authorised works or their operation is disposed of, under article 6 above, as they apply to the exercise of the powers by the Berkeley Festival Waterfront Company Limited.

Tidal works

8.  The provisions of Schedule 2 to this Order shall have effect.

Certification of plans etc.

9.  The undertaker shall, as soon as practicable after the making of this Order, submit copies of the deposited sections and the deposited plans to the Secretary of State for certification that they are true copies of, respectively, the deposited sections and the deposited plans referred to in this Order; and a document so certified shall be admissible in any proceedings as evidence of the contents of the document of which it is a copy.

Service of notices

10.—(1) A notice or other document required or authorised to be served for the purposes of this Order may be served by post.

(2) Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.

(3) For the purposes of section 7 of the Interpretation Act 1978(1) as it applies for the purposes of this article, the proper address of any person in relation to the service on him of a notice or document under paragraph (1) above is, if he has given an address for service, that address, and otherwise–

(a) in the case of the secretary or clerk of a body corporate, the registered or principal office of that body, and

(b) in any other case, his last known address at the time of service.

(4) This article shall not be taken to exclude the employment of any method of service not expressly provided for by it.

Resolution of disputes

11.  Any difference under any provision of this Order shall be referred to and settled by an arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after notice in writing to the other) by the President of the Institution of Civil Engineers.

(1)

1978 c. 30.