Chichester Harbour Conservancy Act 1971

JurisdictionUK Non-devolved
Citation1971 c. lxx
Chichester Harbour Conservancy
Act
1971
c. Ixx
ELIZABETH II
1971 CHAPTER lxx
An Act to incorporate the Chichester Harbour
Conservancy; to transfer to that Conservancy the
harbour undertakings of the mayor, aldermen and
citizens of the city of Chichester and the urban
district council of Havant and Waterloo; to confer
powers on that Conservancy; to enact provisions m
connection with the matters aforesaid; and for other
purposes. [5th August 1971]
w
HEREAS by virtue of divers ancient charters, rights and
titles and ultimately of the Chichester Corporation Act
1938 the mayor, aldermen and citizens of the city of
1938
c.
Ixxx.
Chichester are invested with powers and have for many centuries
acted as the harbour authority for the port of Chichester:
And whereas by the Emsworth Harbour Order, 1896, the
Emsworth Harbour was
first
constituted and under the powers o
the Emsworth Harbour Revision Order, 1968, the urban district
council of Havant and Waterloo are now invested with powers
as the harbour authority for the Emsworth Harbour which
adjoins the port of Chichester:
And whereas it is expedient that the said port and the said
harbour, with certain areas of land adjacent thereto of high
2 c. Ixx
Chichester Harbour Conservancy
Act
1971
landscape value, and together offering opportunities of
improve-
ment for the purposes of recreation and the enjoyment of
leisure
both on land and on water, should be administered
by and under
the control of one authority charged with the conservancy
maintenance and improvement thereof as a single entity: '
And whereas it is expedient in the public interest that for this
purpose there should be incorporated a new body, to be
known as the Chichester Harbour Conservancy, and that the
harbour undertakings of the mayor, aldermen and citizens of the
city of Chichester and of
the
urban district council of
Havant and
Waterloo should be transferred to the Conservancy:
And whereas it is expedient that powers should be conferred
on the Conservancy as in this Act contained and that the other
provisions of
this
Act should be enacted:
And whereas the purposes of this Act cannot be attained
without the authority of Parliament:
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:
PART
I
PRELIMINARY
Short
title.
1. This Act may be cited as the Chichester Harbour
Conservancy Act 1971.
Division of 2. This Act is divided into Parts as follows:
Act
into
Parts.
Part I.—Preliminary.
Part II.—Establishment of Chichester Harbour Con-
servancy.
Part III.—Transfer of undertakings.
Part IV.—Duties and powers of Conservancy.
Part V.—Officers and superannuation scheme.
Part VI.—Financial.
Part VII.—Harbour charges.
Part VIII.—Miscellaneous and general.
Interpretation.
3.—(1)
In this Act, unless otherwise expressly provided or
the
subject or context otherwise requires
1847
c
27.
" the Act of 1847 " means the Harbours, Docks and Piers
Clauses Act, 1847;
Chichester Harbour Conservancy
Act
1971
c. Ixx 3
" the Act of 1933 " means the Local Government Act, 1933; PART I
" the Act of 1965 " means the Compulsory Purchase Act, ~cmL
1965;
'1933
c.
51.
" the Advisory Committee " means the Chichester Harbour 1965 c'56'
Conservancy Advisory Committee constituted by
section 11 (Chichester Harbour Conservancy Advisory
Committee) of this Act;
" the amenity area " means the area lying within the outer
edge of the line coloured green on the signed plan;
" the appointed day " means 1st October, 1971;
" charges" means, in Part VII (Harbour charges) of this
Act, charges payable to the Conservancy as harbour
authority for the harbour;
" the Chichester Corporation " means the mayor, aldermen
and citizens of the city of Chichester;
" the Conservancy" means the Chichester Harbour
Conservancy constituted by section 5 (Constitution of
Conservancy) of this Act;
" the constituent councils " means the councils specified in
subsection (2) of section
5
(Constitution of Conservancy)
of this Act and " constituent council" shall be construed
accordingly;
" the county councils" means the Hampshire County
Council and the West Sussex County Council; and
"county council" means either of those county
councils;
" the common fund " means the common fund established
under section 59 (Common fund) of this Act;
" the day of transfer " means 1st January, 1972;
"the district council" means the Havant and Waterloo
Urban District Council;
" duties of customs or excise" includes any tax, levy,
surcharge or other sum to the collection of which the
general provisions of the Customs and Excise Act, 1952,1952
c.
44.
relating to customs or
excise
have been applied
by
statute;
"the electricity board" means the Central Electricity
Generating Board and the Southern Electricity Board or
either of those boards;
"electricity work" means any electric line, apparatus,
building, structure or other work of any nature belonging
to or maintained by the electricity board;
" enactment" means any enactment, whether public, general
or local, and includes any order, byelaw, rule, regulation,
scheme or other instrument having effect by virtue of an
enactment;

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