The Alderney (Transfer of Property etc.) Order 1987

Statutory Instruments

1987 No. 1273

ALDERNEY

The Alderney (Transfer of Property etc.) Order 1987

Made

21st July 1987

Coming into force

21st August 1987

At the Court at Buckingham Palace, the 21st day of July 1987

Present,

The Queen’s Most Excellent Majesty in Council

Whereas on 18th February 1987 the States of Alderney resolved to appoint the States of Guernsey as the persons to whom, under section 1(1) of the Alderney (Transfer of Property etc.) Act 1923(1), the Alderney Breakwater and adjacent areas and sheds and the quarrying rights set out in Articles 5 and 6 of the Alderney (Transfer of Property etc.) Order 1950(2) might be transferred:

Now therefore, Her Majesty, in pursuance of section 1(1) and (2) of the Alderney (Transfer of Property etc.) Act 1923, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

1.—(1) This Order may be cited as the Alderney (Transfer of Property etc.) Order 1987 and, subject to paragraph (2) below, shall come into force on 21st August 1987.

(2) The transfers effected by this Order shall be deemed to have taken effect as from 1st April 1987.

2.—(1) The property specified in Part I of the Schedule to this Order, together with all the rights, duties and liabilities connected with that property, is hereby transferred to and shall vest in the States of Guernsey.

(2) The property specified in Part II of the Schedule to this Order, together with all the rights, duties and liabilities connected with that property, is hereby transferred to and shall vest in the States of Alderney.

(3) The Alderney (Transfer of Breakwater) Order 1950(3) is hereby revoked.

3.—(1) The rights of any Department of Her Majesty’s Government in respect of the taking of stone from any quarry in Alderney are hereby transferred to and shall vest in the States of Guernsey; and where any such right is limited to taking stone for the use or service of Her Majesty in Alderney, that right shall be limited to taking stone for the use or service of the States of Guernsey in Alderney.

(2) Articles 5 and 6 of the Alderney (Transfer of Property etc.) Order 1950 are hereby revoked.

G.I. de Deney

Clerk of the Privy Council

Article 2

SCHEDULE

PART I property transferred to the states of guernsey

That part of the property specified in the Schedule to the Alderney (Transfer of Breakwater) Order 1950, comprising the Breakwater and the portion of the Admiralty Tramway on the Breakwater, which consists of parcel No. 429 in section 3 of the Alderney Land Register established under Part III of the Alderney Land and Property etc. Law 1949.

PART II property transferred to the states of alderney

All the property specified in the Schedule to the Alderney (Transfer of Breakwater) Order 1950, save and except the property specified in Part I of this Schedule(4).

Explanatory Note

(This note is not part of the Order)

The Alderney (Transfer of Breakwater) Order 1950 transferred to the Secretary of State for the Home Department the property specified in the Schedule to the Order (the Alderney Breakwater and associated property). This Order provides for the transfer of that property, part (including the breakwater) to the States of Guernsey as appointees of the States of Alderney and the remainder to the States of Alderney, and revokes the Alderney (Transfer of Breakwater) Order 1950.

The Alderney (Transfer of Property etc.) Order 1950 transferred the greater part of Her Majesty’s property in Alderney to the States of Alderney but (by articles 5 and 6) reserved certain quarrying rights to Her Majesty’s Government. This Order provides for the transfer of those rights to the States of Guernsey as appointees of the States of Alderney and revokes articles 5 and 6 of the Alderney (Transfer of Property etc.) Order 1950.

The transfers for which this Order provides are deemed to have taken effect as from 1st April 1987 (retrospection is authorised by section 1(2) of the Alderney (Transfer of Property etc.) Act 1923).

(1)

1923 c. 15.

(2)

S.I. 1950/839.

(3)

S.I. 1950/838.

(4)

The property specified in Part II consists of parcels No. 428, No. 429A and No. 429B in section 3, parcel No. 113 in section 5 and parcel No. 79 in section 6 of the Alderney Land Register.