Statutory Instrument 1991 No. 1853

The Falmouth Harbour Revision Order 1991

---

© Crown Copyright 1991

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Falmouth Harbour Revision Order 1991, ISBN 0110148533. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

1991 No. 1853

HARBOURS, DOCKS, PIERS AND FERRIES

The Falmouth Harbour Revision Order 1991

Whereas objections to the application for this Order have been duly made and not withdrawn and the Secretary of State for Transport is required, in accordance with the procedure prescribed in paragraph 4A of Schedule 3 to the Harbours Act 1964^[1] to give notice of the making of this Order and its effect to the persons opposing the Order:

And whereas this Order shall come into force 28 days after the giving of such notice unless such persons within that period give notice to the Secretary of State that they maintain their opposition to the Order, and their opposition is not withdrawn within that period, in which case it shall come into force at such time as is prescribed by the Statutory Orders (Special Procedure) Act 1945^[2]:

Now therefore the Secretary of State for Transport (being the appropriate Minister under section 14(7) of the Harbours Act 1964 for the purpose of making this Order), in exercise of the powers conferred by the said section 14 and now vested in him^[3] and of all other powers enabling him in that behalf, and on the application of the Falmouth Harbour Commissioners hereby makes the following Order:-

Citation
    1.    -

    (1)  This Order may be cited as the Falmouth Harbour Revision Order 1991.

    (2)  The Falmouth Harbour Act and Orders 1870-1985 and this Order may be cited together as the Falmouth Harbour Act and Orders 1870-1991.

Interpretation
    2.    In this Order:-
"the Act of 1958" means the Falmouth Harbour Act 1958^[4];


"the added limits" means the area described in the Schedule to this Order;


"the Commissioners" means the Falmouth Harbour Commissioners;


"the harbour" has the same meaning as in section 4 (Interpretation) of the Act of 1958;


"the signed plan" means the plan signed in triplicate by an Assistant Secretary in the Department of Transport, two copies of which have been deposited at that Department and one copy of which has been deposited at the offices of the Commissioners situated at 44 Arwenack Street, Falmouth, Cornwall, TR11 3JQ.

Extension of limits
    3.    -

    (1)  The limits within which the Commissioners and the harbour master have jurisdiction in accordance with the Act of 1958 are hereby extended to include the added limits.

    (2)  All enactments conferring rights, powers, privileges and immunities, or imposing duties, obligations and liabilities upon the Commissioners and all byelaws and regulations made by the Commissioners which related to or were in force in the harbour immediately before the coming into force of this Order shall also have effect and relate to the added limits.

    (3)  Section 4 (Amendment of definition of the harbour) of the Falmouth Harbour Revision Order 1985 shall have effect as if at the end of the definition of "the harbour" there were inserted the words "and includes the added limits as defined in the Falmouth Harbour Revision Order 1991."

Crown rights
    4.    -

    (1)  Nothing in this Order shall affect prejudicially any estate, right, power, privilege, authority or exemption of the Crown and in particular and without prejudice to the generality of the foregoing, nothing in this Order shall authorise any person to take, use, enter upon or in any manner interfere with, any land or hereditaments or any rights of whatsoever description (including any part of the shore or bed of the sea or of any river, channel, creek, bay or estuary)-
 (a) belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners without the consent in writing of those Commissioners: or
 (b) belonging to a government department, or held in trust for Her Majesty for the purposes of a government department, without the consent in writing of that department.

    (2)  A consent under paragraph (1) above may be given unconditionally or subject to such conditions and upon such terms as shall be considered necessary or appropriate.

Signed by authority of the Secretary of State for Transport

Patrick McLoughlin

Parliamentary Under Secretary of State, Department of Transport

2nd July 1991

[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] 1945 c. 18, as amended by the Statutory Orders (Special Procedure) Act 1965 (c. 43). back

[3] See section 57(1) of the Harbours Act 1964 and S.I. 1981/238. back

[4] 1958 c.xlvi, as amended by the Falmouth Harbour Revision Order 1985 (S.I. 1985/1678). back

Explanatory Note