The Port of Lowestoft (Transfer of Mutford Lock) Harbour Revision Order 2021

PART 3 MISCELLANEOUS AND GENERAL

Saving of Agreements etc.

6.  All sales, conveyances, leases, grants, assurances, deeds, contracts, bonds, agreements, notices and demands affecting the undertaking of A.B. Ports in respect of Mutford Lock and the adjoining land and in force immediately before the day of transfer (other than any agreement, lease or deed the parties to which include both A.B. Ports and the Authority) shall (insofar as they relate to that undertaking) on and from that day—

(a) not be enforceable by or in favour of or against A.B. Ports, but

(b) in so far as they relate to property or duties or powers transferred by this Order—

(i) be as binding and of as full force and effect in every respect, and

(ii) may be enforced as fully and effectively by or against or in favour of the Authority as if (except in any case where the Authority as agent for A.B. Ports is already a party thereto) the Authority instead of A.B. Ports had been a party thereto or bound thereby or entitled to the benefit thereof.

Continuance of proceedings

7.  Any action, arbitration or other proceeding, or any cause of action, arbitration or other proceeding, pending or existing immediately before the day of transfer by or in favour of or against A.B. Ports or by or in favour of or against the Authority as agent for A.B. Ports in relation to A.B. Ports’ undertaking in respect of Mutford Lock and the adjoining land (other than an action, arbitration or proceeding which is or may be an issue between A.B. Ports and the Authority) may—

(a) not be maintained, prosecuted or continued by or in favour of or against A.B. Ports, but

(b) in so far as it relates to property or duties or powers transferred by this Order be maintained, prosecuted or continued by or in favour of or against the Authority and may be amended in such manner as may be necessary for that purpose.

Revocation

8.  On the day of transfer articles 1(1) and 13 of the 1975 Order are revoked.