Brighton Marina Act 1968

JurisdictionUK Non-devolved
Brighton Marina
Act
1968
CH.
ELIZABETH H
1968 CHAPTER ii
An Act to authorise the Brighton Marina Company
Limited to construct works; and for other purposes.
[10th April 1968]
W
HEREAS Brighton Marina Company Limited (hereinafter
referred to as " the Company ") are a company within
the meaning of the Companies Act, 1948, and are a
1948
c.
38
company limited by shares:
And whereas the sport of yachting, cruising and boating is
expanding and is likely to continue to expand around the south
coast of England and it would be of public and local advantage
to increase the existing facilities therefor at Brighton:
And whereas the county borough of Brighton and its environs
constitute an important holiday and residential centre and it
would be of public and local advantage to expand the existing
facilities for the accommodation and enjoyment of tourists and
visitors and of residents on the sea front in the said county
borough:
And whereas it is expedient that the Company should be
authorised to construct the marina and the recreational, residen-
tial and other facilities and the road and harbour works described
m this Act and
to
reclaim land from the sea,
as by this Act
provided:
2
CH.
ii
Brighton Marina
Act
1968
And whereas it is expedient that the other provisions of this
Act be enacted:
And whereas the objects of
this
Act cannot be attained without
the authority of Parliament:
And whereas plans and sections showing the lines and levels
of the works by this Act authorised and the lands which may be
taken or used for the purposes
thereof,
and a book of reference
to the said plans containing the names of the owners and lessees,
or reputed owners and lessees, and of
the
occupiers of
those
lands
and describing the same, have been deposited in the office of the
Clerk of the Parliaments and in the Private Bill Office of the
House of Commons and with the town clerk of the county borough
of Brighton, and such plans, sections and book of reference are
respectively referred to in this Act as the deposited plans, sections
and book of reference:
May it therefore please Your Majesty that it may be enacted,
and be it enacted, by the Queen's most Excellent Majesty, by and
with the advice and consent of the Lords Spiritual and Temporal,
and Commons, in this present Parliament assembled, and by the
authority of the same as follows, that is to say:
PART
I
PRELIMINARY
1.
This Act may be cited as the Brighton Marina Act 1968.
2.
This Act is divided into Parts as follows:
Part I.—Preliminary.
Part II.—Works.
Part III.—Use of harbour and harbour charges.
Part IV.—Miscellaneous.
Part V.—Protective provisions.
Part VI.—General.
3.—(1)
The provisions of the Act of 1847 (except sections 6 to
13,
16 to 27, 32, 33, 37 to 43, 45, 49, 50, 66, 67, 81, 82, 84 to 90,
95,97,98 and
101) so
far
as
the same are applicable to
the
purposes
of and are not inconsistent with the provisions of this Act are
hereby incorporated with this Act.
(2) In the construction of the provisions so incorporated
(i) the expression " special Act " shall be read as a reference
to this Act;
(ii) the expression " the harbour, dock or pier " shall mean
the harbour;
(iii) the prescribed limits shall be the harbour limits;
Short title.
Division of
Act into
Parts.
Incorporation
Brighton Marina
Act
1968
CH.
ii 3
(iv) the word " vessel" shall have the meaning assigned to PART I
it by section 4 (Interpretation) of this Act; —com.
(v) the word " rates" shall, in section 29 of that Act, be
deemed not to include mooring rates.
4.—(1) In this Act unless there be something in the subject or Interpretation.
context repugnant to such construction
" the Act of 1847 " means the Harbours, Docks and Piers
1847
c.
27.
Clauses Act, 1847;
" the added area " means the area described in the Schedule
to this Act;
" the borough " means the county borough of Brighton;
" the Company" means the Brighton Marina Company
Limited;
" the corporation " means the mayor, aldermen and burgesses
of the borough;
" enactment" means any Act, whether public, general or
local, or any order made thereunder, or any provision
in any Act or in any such order;
" the harbour " means the area comprised within the harbour
limits and the harbour works authorised by or under
this Act;
" the harbour limits" means the limits within which the
Company exercise jurisdiction as defined in section 45
(Limits of the harbour) of this Act;
" land " includes any estate or interest in land and land
covered by water;
"the level of high water" means the
level
of mean high-water
springs;
" the limits of deviation" means the limits of deviation
shown on the deposited plans;
" the Minister" means the Minister of Transport;
" the sewers board " means the Brighton Intercepting and
Outfall Sewers Board;
" telegraphic line " has the same meaning as in the Telegraph
1878
c.
76.
Act, 1878;
" tidal work " means so much of any work authorised by
this Act as is on, under or over tidal waters or tidal
lands below the level of high water;
" the Trinity House " means the Corporation of Trinity
House of Deptford Strond;
" the undertaking " means the undertaking of the Company
in connection with the works, as from time to time
authorised, or any part
thereof;
" vessel" includes any thing (howsoever propelled or moved)
constructed or used to carry persons or goods by water
and (without prejudice to the generality of
the
foregoing)

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