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

PART 1 PRELIMINARY

Citation and commencement

1.  This Order may be cited as the Port of Lowestoft (Transfer of Mutford Lock) Harbour Revision Order 2021 and shall come into force on 19th February 2021.

Interpretation

2.—(1) In this Order—

“the 1975 Order” means the Oulton Broad Revision Order 1975(1);

“the Act of 1827” means the Act entitled “An Act for making and maintaining a Navigable Communication for ships and other vessels between the City of Norwich and the Sea at or near Lowestoft in the County of Suffolk”(2);

“the Act of 1988” means the Norfolk and Suffolk Broads Act 1988(3);

“A.B. Ports” means Associated British Ports;

“the adjoining land” means the land adjoining Mutford Lock which is described in the Schedule to this Order;

“the Authority” means the Broads Authority established by section 1 of the Act of 1988;

“the day of transfer” means the date this Order comes into force;

“Mutford Lock” means the lock which is described in the Schedule to this Order;

“the signed plan” means the plan prepared in duplicate, signed by the Chief Executive Officer of the Marine Management Organisation and marked “Signed plan referred to in the Port of Lowestoft (Transfer of Mutford Lock) Harbour Revision Order 2021”, one copy of which is deposited at the offices of the Marine Management Organisation and the other at the principal office of A.B. Ports and available on the A.B. Ports website(4); and

“the yellow land” means that part of Mutford Lock coloured yellow on the signed plan.

(2) In this Order a reference to the undertaking of A.B. Ports in respect of Mutford Lock is a reference to the powers, duties, obligations, responsibilities, property, rights and liabilities of A.B. Ports in relation to that lock which exist immediately before the day of transfer.

PART 2 HARBOUR JURSIDICTION

Harbour Jurisdiction

3.—(1) On and from the day of transfer Mutford Lock shall cease to be part of the area of jurisdiction of A.B. Ports as harbour authority for the Port of Lowestoft and A.B. Ports shall cease to have in respect of Mutford Lock any of the powers, duties, obligations, responsibilities, rights and liabilities of a harbour authority.

(2) The western limit of jurisdiction of the Port of Lowestoft on and from the day of transfer is shown by the line marked “Proposed Limit of Harbour Jurisdiction” on the signed plan running between Latitude 52.474514 Longitude 1.711342, Latitude 52.474573 Longitude 1.711465 and Latitude 52.474802 Longitude 1.711617.

Lowestoft Harbour Byelaws

4.  On and from the day of transfer the Lowestoft Harbour Bye-laws 1993(5) shall cease to apply to Mutford Lock.

Transfer of property, functions, etc.

5.—(1) On the day of transfer—

(a) Mutford Lock and the adjoining land (other than the yellow land),

(b) all rights, liabilities, responsibilities and obligations incurred by A.B. Ports for the purposes of Mutford Lock and the adjoining land as a consequence of their ownership thereof (other than such as may have been incurred in consequence of their ownership of the yellow land), and

(c) any powers and duties conferred or imposed on A.B. Ports by any enactment of local application in relation to Mutford Lock (other than in relation to the yellow land) which exist immediately before the day of transfer, shall be transferred to the Authority.

(2) On and from the day of transfer any enactment of local application conferring or imposing any powers and duties conferred or imposed on A.B. Ports in relation to the yellow land shall cease to have effect or be enforceable by or in favour of or against A.B. Ports.

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.

Signed by authority of the Marine Management Organisation

Tom McCormack

Chief Executive Officer

An employee of the Marine Management Organisation

14th January 2021