Part IV

Transport
Chapter XII

Water Transport

Landing places: transfer of certain rights and obligations.
258
1
This section applies where—
a
a landing place was transferred to London Regional Transport or any of its subsidiaries on or after 31st March 1999 but before this section comes into force, or
b
after this section comes into force a landing place is transferred to London Regional Transport or any of its subsidiaries pursuant to an agreement made on or after 31st March 1999 but before this section comes into force.
2
In this section qualifying landing place—
a
means a landing place transferred as mentioned in subsection (1)(a) or (b) above, and
b
includes any property associated with the landing place and transferred with it.
3
Any agreement —
a
made between the transferor of a qualifying landing place and the owner of a vessel, or with a waterman in respect of a vessel not owned by him, and
b
which concerns the use of the qualifying landing place by the vessel,
shall have effect on and after the relevant date in accordance with subsections (4) to (6) below.
4
The agreement shall have effect as if—
a
the transferee had been a party to the agreement instead of the transferor;
b
for any reference to the transferor there were substituted a reference to the transferee;
c
any reference to any officer or member of staff of the transferor were a reference to such person as the transferee may appoint or, in default of appointment, to the officer or member of staff of the transferee who most closely corresponds to the transferor’s officer or member of staff;
and this subsection shall apply whether or not the agreement is capable of being assigned or transferred.
5
An agreement shall only have effect in accordance with subsection (4) above—
a
to the extent that the agreement concerns the use of the qualifying landing place by the vessel, and
b
in relation to things falling to be done under the agreement on or after the relevant date.
6
An agreement shall not have effect in accordance with subsection (4) above to the extent that the transferor and the transferee have made contrary provision.
7
For the purposes of this section—
- landing place means any waterside landing place, pier, jetty, pontoon or other similar installation;
- transferee, in relation to a qualifying landing place, means the body (being London Regional Transport or one of its subsidiaries) to which the landing place is or was transferred as mentioned in subsection (1)(a) or (b) above;
- transferor, in relation to qualifying landing place, means the person by whom the landing place is or was transferred to a transferee as mentioned in subsection (1)(a) or (b) above;
- relevant date, in the case of a qualifying landing place, means—
  1. the date when this section comes into force if on that date the landing place has been transferred to a transferee, or
  2. if the landing place has not been so transferred, the date when it is transferred to the transferee;
- waterman means a person who navigates a vessel used for carrying passengers for reward.