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The Manchester Ship Canal Harbour Revision Order 2009

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Citation and commencement

1.  (1)  This Order may be cited as the Manchester Ship Canal Harbour Revision Order 2009 and comes into force on 30th September 2009.

(2) Subject to the repeals referred to in article 8, the Manchester Ship Canal Acts and Orders 1885 to 1992 and this Order may be cited together as the Manchester Ship Canal Acts and Orders 1885 to 2009.

Interpretation

2.  In this Order—

“the canal” means the Manchester Ship Canal;

“the Company” means the Manchester Ship Canal Company, including that company under any name to which its name may be changed; and

“the directors” means the directors of the Company.

Application of the Companies Act 1985

3.  The Company shall be entitled to register as a private company limited by shares under Chapter II of Part XXII of the Companies Act 1985(1), which shall have effect in relation to the Company notwithstanding that the Company would not be treated as a joint stock company for the purposes of that Chapter apart from this article.

4.  Any registration of the Company under the Companies Act 1985 will not derogate from the obligations (whether express or implied) of the Company under the Harbours Act 1964(2) and the Manchester Ship Canal Acts and Orders 1885 to 1992 to—

(a)maintain

(b)operate

(c)improve, and

(d)take such action as it considers necessary or desirable for or incidental to the maintenance, operation and improvement of

the canal.

5.  Upon the registration of the Company under the Companies Act 1985 becoming effective, the Companies Clauses Consolidation Act 1845(3) and the Companies Clauses Consolidation Act 1888(4) shall not apply to the Company.

Company’s powers

6.  Upon the registration of the Company under the Companies Act 1985 becoming effective, and without prejudice to and in addition to the existing powers of the Company, the Company shall have the powers specified in Schedule 1.

7.  Upon the registration of the Company under the Companies Act 1985 becoming effective and despite anything contained in any enactment or other instrument constituting or regulating the Company, the Company may adopt articles of association, provided that nothing in the articles is repugnant to or inconsistent with the provisions of the Manchester Ship Canal Acts and Orders 1885 to 1992 or any other enactment or legislation applying to the Company by virtue of it being a harbour authority.

Repeals and revocations

8.  Upon any registration of the Company under the Companies Act 1985 becoming effective, the enactments and orders specified in Schedule 2 shall be repealed or revoked to the extent specified in the third column of that Schedule.

Signed by authority of the Secretary of State for Transport

R. C. Bennett

Head of Ports Division

Department for Transport

22nd September 2009

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