Statutory Instrument 1991 No. 1257

The Sealink, (Transfer of Newhaven Harbour) Harbour Revision Order 1991

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© Crown Copyright 1991

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1991 No. 1257

HARBOURS, DOCKS, PIERS AND FERRIES

The Sealink, (Transfer of Newhaven Harbour) Harbour Revision Order 1991

Whereas the making of this Order is not opposed:

Now therefore the Secretary of State for Transport (being the appropriate Minister under section 14(7) of the Harbours Act 1964^[1] for the purpose of making this Order), in exercise of the powers conferred by section 14 of the said Act and now vested in him^[2] and of all other powers enabling him in that behalf, and on the application of Newhaven Port and Properties Limited hereby makes the following order:—

Citation and commencement
    1.    This Order may be citeed as the Sealink (Transfer of Newhaven Harbour) Harbour Revision Order 1991 and shall come into force on 23rd May 1991.

Interpretation
    2.—(1)  In this Order, unless the context otherwise requires—
"the Act of 1984" means the Merchant Shipping Act 1894^[3];
"the Company" means Newhaven Port and Properties Limited;
"the day of transfer" means the day after the day on which expires a period of four weeks beginning with the day on which this Order comes into force;
"dredging licence" means a licence under article 21 of this Order;
"enactment" means any Act or any order or scheme made under an Act;
"Newhaven Harbour" means the harbour of Newhaven as regards which there are vested in Sealink immediately before the day of transfer statutory powers or duties of improvement, maintenance or management;
"level of high water" means the level of mean high-water springs;
"operator" and "telecommunications code system" have the same meaning as in the Telecommunications Act 1984^[4];
"Sealink" means Sealink Harbours Limited;
"statutory undertaker" means—
 (a) any person who is a statutory undartaker for any of the purposes of the Town and Country Planning Act 1990^[5];
 (b) any other person who exercises functions under the Land Drainage Act 1976^[6];
 (c) a coast protection authority within the meaning of section 1 of the Coast Protection Act 1949^[7];
 (d) any operator of a telecommunications code system;
"tidal work" means so much of any work for the time being vested in the Company as is on, under or over tidal waters or tidal lands below the level of high water including any such work transferred to the Company by this Order;
"the transferred harbour" means Newhaven Harbour;
"Trinity House" means the Corporation of Trinity House of Deptford Strond;
"works licence" means a licence under article 20 of this Order.

    (2)  In this Order a reference to the undertaking of Sealink at the transferred harbour is a reference to the powers, duties, property, rights and liabilities of Sealink in relation to that harbour which are transferred by this Order.

[1] 1964 c. 40; section 14 and Schedule 3 were amended by the Transport Act 1981 (c. 56), section 18 and Schedule 6, paragraphs 2 to 4, 12 and 14. back

[2] Seesection 57(1) of the Harbours Act 1964 and S.I. 1981/238. back

[3] 1894 c. 60. back

[4] 1984 c. 12. back

[5] 1990 c. 8. back

[6] 1976 c. 70. back

[7] 1949 c. 74. back

Explanatory Note