Dover Harbour Act 1950

Publication Date:January 01, 1950
 
FREE EXCERPT


Dover Harbour Act 1950

(14 Geo. 6) c. xlvii

An Act to authorise the Dover Harbour Board to construct new works and for other purposes.

[28th July 1950]

14 Geo. 6 Dover Harbour Ch. xlvii Act, 1950 CHAPTER xlvii An Act to authorise the Dover Harbour Board to construct new works and for other purposes, [28th July 1950.] W HEREAS the Dover Harbour Board (hereinafter referred to as " the Board ") were constituted and incorporated by the Harbours and Passing Tolls &c. Act 1861 and by 24 & 25 Vict. virtue of that Act and of a royal charter dated the sixth day c. 47. of October sixteen hundred and six and of the Dover Harbour 9 Geo:4* C XXXI Act 1828 and numerous subsequent Acts the Board and their predecessors were authorised to maintain and improve Dover Harbour as existing from time to time: m And whereas Dover Harbour is a principal port for the embarkation and disembarkation of passengers travelling between Great Britain and the Continent and there is an increasing tendency for tourist passengers to take motor cars to and from the Continent by means of vessels engaged in cross-channel services from and to Dover: And whereas the present facilities at Dover Harbour for the expeditious loading and discharging into or from such vessels of motor cars accompanying passengers are inadequate to meet the existing and anticipated demands of tourist traffic and it would be of great public advantage if the Board were authorised to construct maintain and operate a new car ferry terminal in the part of Dover Harbour known as the Eastern Docks with attendant facilities for the reception and accommodation of passengers and motor vehicles and it is expedient to empower the Board to construct the works in that behalf in this Actr described and to reclaim part of the bed and foreshore of Dover Harbour as by this Act provided: A2 1 Ch. xlvii Dover Harbour 14 Geo. 6 Act, 1950 And struct the new railways to abandon the portions of their existing railways and to stop up the streets and parts of streets within Dover Harbour described in this Act: 54 & 55 Vict. And whereas by the Dover Harbour Acts passed in the years fiiTfi? v 1891 1898 1901 1902 1920 and 1926 respectively the Board were c cHKvi authorised to raise any sum or sums not exceeding in the aggre- Edw. 7. Sate £5,800,000 by the creation and issue of redeemable deben-c. ccvi. ture stock but by virtue of section 28 of the Dover Harbour Edw. 7. Act 1901 (which provided that any moneys which the Board lbTTnr 5 shou^ raise under tile powers of that Act should be applied c. lxxxv e* * amon ot^er purposes in the purchase redemption or cancella-16 & 17 Geo. 5. ^on f any Dover Harbour redeemable second debenture stock c. lxxxvii. which might be created and issued after the passing of the said Act) the said aggregate sum of £5,800,000 was in effect reduced by £400,000 being the maximum amount which apart from the said section 28 the Board were empowered by the Dover Harbour Act 1891 and the Dover Harbour Act 1898 to raise by the creation and issue of the said second debenture stock but which power was never exercised: And whereas pursuant to section 25 of the said Act of 1891 the Board raised £400,000 by the creation and issue of Dover Harbour redeemable first debenture stock and pursuant to section 28 of the said Act of 1901 the Board raised a further sum of £1,000,000 by the creation and issue of Dover Harbour redeemable debenture stock: And whereas the Board applied part of the said sum of £1,000,000 in paying off and cancelling the whole of the said £400,000 Dover Harbour redeemable first debenture stock pursuant to the provisions in that behalf contained in sections 28 and 45 of the said Act of 1901 : And whereas the Board have not raised any sums other than the aforesaid sums of £400,000 and £1,000,000 respectively: And whereas in pursuance of an agreement dated the first day of June nineteen hundred and six set out in the Second Schedule 6 Edw 7. to the Dover Harbour (Works &c.) Act 1906 and confirmed by c ccv. ' section 45 of the said Act the payment of interest on the said £1,000,000 Dover Harbour redeemable debenture stock was guaranteed by the South Eastern Railway Company the London Chatham and Dover Railway Company and the South Eastern and Chatham Railway Companies Managing Committee and such guarantee was later continued by the Southern Railway Company: 10 & 11 Geo. 6. And whereas in pursuance of the Transport Act 1947 the c. 49. undertaking of the Southern Railway Company was transferred to the British Transport Commission (hereinafter referred to as 2 14 Geo. 6 Dover Harbour Ch. xlvii Act, 1950 " the commission ") on the first day of January nineteen hundred and forty-eight and the commission are now liable in respect of the said guarantee: And whereas the further exercise by the Board of their existing powers of raising money is subject to the consent of the commission and the Board are otherwise subject to the consent or control of the commission in carrying on their undertaking as provided by the said agreement of 1906 and various subsequent Acts relating to the Board: And whereas the issued capital of the Board now consists of £815,810 redeemable debenture stock being the amount now outstanding of the sum of £1,400,000 redeemable debenture stock created and issued by the Board as aforesaid and the existing borrowing powers of the Board remain unexercised to the extent of £4,000,000 of which they are authorised to raise £3,000,000 by the creation and issue of second redeemable debenture stock: And whereas it is expedient that the Board should be authorised to apply to the purposes of this Act moneys which they are authorised by the existing Acts to raise by the creation and issue of second redeemable debenture stock subject to the consent of the commission and to the observance by the Board of the covenants and obligations on their part for the benefit of the commission contained in the said agreement of 1906 and subsequent Acts relating to the Board: And whereas it is expedient that the provisions of the Dover Harbour Act 1920 with respect to second redeemable debenture stock should be amended and further provision made with respect thereto as in this Act contained: And whereas it is expedient that further powers be conferred on the Board and that the Acts relating to the Board be amended in certain other respects as by this Act provided: And whereas it is expedient that the other provisions of this Act be enacted: And whereas plans and sections showing the situation lines and levels of the works by this Act authorised and the lands which may be taken or used compulsorily for the purposes thereof and a book of reference to such plans containing the names of the owners and lessees or reputed owners and lessees and of the occupiers of those lands have been deposited with the clerk of the county council of the administrative county of Kent and are in this Act respectively referred to 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 King'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: 3 Ch. xlvii Dover Harbour 14 Geo. 6 Act, 1950 Part I Preliminary Short and l._(l) This Act may be cited as the Dover Harbour Act 1950. collective titles. ,^ _,, ^ , (2) The Dover Harbour Acts 1828 to 1949 and this Act may be cited together as the Dover Harbour Acts 1828 to 1950. Act divided 2. This Act is divided into Parts as follows : into Parts. , Part IPreliminary. Part IIWorks and lands. Part IIIFinancial. Part IVMiscellaneous. Incorporation 3. The following Acts and parts of Acts so far as applicable ot Acts. for ^ purposes 0f ^^ ^ct and not inconsistent with or varied by this Act are hereby incorporated with and form part of this Act: (1) The Lands Clauses Acts except sections 128 to 132 of 8 & 9 Vict. the Lands Clauses Consolidation Act 1845 : Provided that the bond required by section 85 of that Act shall be under the common seal of the Board and shall be sufficient without the addition of the sureties mentioned in that section: 8&9Vict. (2) The Railways Clauses Consolidation Act 1845 and c- 20- Part I (relating to the construction of a railway) of 26*&27Vict. the Railways Clauses Act 1863: a 32* Provided that nothing in the Railways Clauses Con- solidation Act 1845 or this Act shall constitute the Board a railway company within the meaning of the 51 & 52 Vict. Railway and Canal Traffic Act 1888 or any Act c- 25* amending or enlarging that Act: 10'&li-Vict. (3) The Harbours Docks and Piers Clauses Act 1847: ^ 27' Provided that (i) the provisions of sections 16 to 19 of the said Act of 1847 shall not be in force unless and until the Board shall be required by the Minister to provide and maintain a lifeboat a tide gauge and a barometer; (ii) in the application of the said Act to this Act the word " vessel" shall include a seaplane on the surface of the water and craft of unusual construction; (hi) nothing in the said Act shall require or authorise the harbour-master or any other officer to require the dismantling of a seaplane or any part thereof or the making of any alteration whatever of the structute:or equipment .'of .-a seaplane. 4 14 Geo. 6 Dover Harbour CK. xlvii Act, 1950 Part i cont. 4.(1) In this Act unless there be something in the subject Interpretation or context repugnant to such construction " the Act of 1901 " " the Act of 1920 " " the Act of 1923 " 13 & 14 Geo. 5. " the Act of 1926 " " the Act of 1928 " and " the Act ^'5-n 5 of 1949" mean the Dover Harbour Act of those c %.{ ' respective years ; 12 & 13 Geo. 6. C XXXIV " the authorised works " means the works described in and authorised by section 5 (Power to make works) of this Act; " the Board5' means the Dover Harbour Board; "the existing Acts" means the Dover Harbour Acts...

To continue reading

REQUEST YOUR TRIAL