The St. Ives Harbour Revision Order 1993

Incorporation of provisions of the Act of 1847 E+W+S

3.—(1) The provisions of the Act of 1847 (except sections 6 to 13, 16 to 19, 23, 25, 27, 31 to 33, 48, 49, 50, 66, 67, 79 to 82, 84 to 90, 94, 95, 97 to 99, 101 and 102) are hereby incorporated with this Order, except as expressly varied hereby, and in construing those provisions:

(a) the expression “the special Act” shall mean this Order and the expression “the undertakers” shall mean the Council;

(b) section 15 of the Act of 1847 as incorporated with this Order shall have effect as if the words from “shall forfeit” to the end of the section were deleted and there were substituted therefor the words “ shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale ”;

(c) section 20 of the Act of 1847 as incorporated with this Order shall have effect as if the words “in addition to the lands authorised to be compulsorily taken by them under the powers of the special Act” were omitted and as if the words “or lease” were inserted after the words “ willing to sell ” and the words “ for the purchase ”;

(d) section 52 of the Act of 1847 in its application to the harbour and the harbour master shall empower the harbour master to give directions prohibiting the mooring of vessels in any particular part or parts of the harbour;

(e) section 53 of the Act of 1847 shall not be construed as requiring the harbour master to serve a notice in writing of his directions upon the master of a vessel but such directions may be given orally or otherwise communicated to such master;

(f) section 63 of the Act of 1847 shall be read and have effect as if for the words from “to a penalty” to the end of the section there were substituted the words “ on summary conviction to a fine not exceeding level 3 on the standard scale ”;

(g) section 69 of the Act of 1847 shall have effect as if for the words from “shall forfeit” to the end of the section there were substituted the words “ shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale ”.

(2) (a) For the purposes of section 83 of the Act of 1847 as incorporated with this Order sections 236 to 238 of the Local Government Act 1972 M1 shall apply to this Order as if it were such an enactment as is referred to in section 236(1) of the said Act of 1972, and

(i) for the purposes of section 236(11) of the said Act of 1972 the confirming authority for byelaws as made under the said section 83 shall be the Minister, and

(ii) the said section 236 shall have effect as if in subsection (7) thereof after the word “confirm” where it first occurs in the subsection the words “with or without modification” were inserted.

(b) If the Minister, on considering byelaws made by the Council and submitted under the said section 236 as having effect in accordance with paragraph (a) above, proposes to make any modification to them, he shall inform the Council and require the Council to take any steps he considers necessary for informing persons likely to be concerned with the modification and shall not confirm the byelaws without the consent of the Council to the modification and until such period has elapsed as he thinks reasonable for consideration of, and comment upon, the modification by the persons who have been informed of it.

Marginal Citations

M1 1972 c.70.