Dover Harbour Consolidation Act 1954

JurisdictionUK Non-devolved
Citation1954 c. iv
2
&
3
ELIZ.
2
Dover Harbour Consolidation
Ch.
iv
Act,
1954
CHAPTER
iv
An Act to consolidate the Dover Harbour Acts 1828 to
1953 and certain pro.visions
of
the Harbours and
Passing Tolls &c.
Act
1861. [14th April, 19541
HEREAS the Dover Harbour Board (hereinafter referred
to as
'6
the Board
'7
were constituted and incorporated by
the Harbours and Passing Tolls
&c.
Act 1861 and
by
virtue
of
that Act and of
a
royal charter dated the sixth day
of
October sixteen hundred and six and of the other Acts set out
in the Eleventh Schedule to this Act the Board and their pre-
decessors were authorised to administer maintain and improve
the Dover Harbour
as
existing from time to time and certain
property powers rights authorities privileges duties and obliga-
tions were vested in or transferred to or conferred or imposed
upon the Board
:
And whereas the issued capital of the Board now consists
of
seven hundred and thirty-eight thousand nine hundred and forty-
six pounds redeemable debenture stock being the amount now
outstanding of the sum
of
one million four hundred thousand
pounds redeemable debenture stock created and issued by the
Board under the powers conferred upon them
by
the Dover
seven hundred thousand pounds Dover Hanbour Board second
redeemable debenture stock created and issued
by
the Board
under the lpower conferred upon them
by
the Dover Hafbour
Act
1920
:
And whereas the existing borrowing powers of the Board
remain unexercised
to
the extent of three million three hundred
thousand pounds which they are authorised to raise
by
the
creation and issue
of
second redeemable debenture stock
:
And whereas it is expedient that the Acts relating to the
Board set out in the said Eleventh Schedule
so
far as the same
are still in force should be consolidated
:
A4
1
Ch.
iv
Dover
Harbour
Consolidation
2
&
3
ELIZ.
2
Act,
1954
And whereas the objects 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
1
PRELIMINARY
1.
This Act may be cited as the Dover Harbour Consolidation
2.
This Act
is
divided into Parts as follows
:
-
Short
title.
Act 1954.
Act
divided
into
Parts.
Part 1.-Preliminary.
Part
Part 111.-Works and lands.
Part
Part V.-Rates and charges.
Part VI.-Financial.
Part VI1.-Protective provisions and savings.
Part VIIL-Miscellaneous.
11.-Constitution and appointment
of
Board.
1V.-General powers and duties of the Board.
Incorporation
of
Acts.
3.
The following Acts and parts
of
Acts
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 and
form part
of
this Act (namely)
:
--
(1)
The Commissioners Clauses Act 1847 except sections
6
to 36 sections 39 and
40
sections
42
and 43 section
46
section 48 sections
53
and 54 sections 56 and 57
sections 61 to 65 sections
68
to 98 and sections 104
to
109:
Provided that-
(i) in construing the Commissioners Clauses Act
1847 the expression
the commissioners
shall
mean the members of the Board the expression
“the special Act” shall mean this Act and the
expression
the clerk
shall include the register
;
(ii)
section 55
of
the Com4missioners Clauses
Act 1847 shall be read and have effect as
if
the
words
or of tlhe next succeeding meeting
were
inserted therein after the words
“at
which the
(proceeding took /place
;
(iii) section
58
of
the )Commissioners Clauses Act
1847 shall
be
read and have effect as
if
the word
‘.
such
wherever
it
occurs were omitted
:
2
2
&
3
ELIZ.
2
Dover.
Harbour
Consolidation
Ch.
iv
Act,
1954
The Harbours Clauses Act 1847 excqpt section
12:
Provided that-
(i) in construing the Harbours Clauses Act
1847
the expression
the harbour dock or pier
shall
mean the haribour the expression
the special
Act” shall mean this Act and the expression
vessel
shall have the meaning assigned to it
by
the folllowing section
of
this Act
;
(ii)
the provisions of sections 16 It0
19
of the
Harbours Clauses Act 1847 shall not be in force
unless and until the Board shall be required by
the Minister to p-ovide and maintain a lifeboat
tide gauge and a barometer
;
(iii) nothing in the Harbours Clauses Act 1847
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 structure or equipment
of
a seqplane;
(iv) no byelaws made by the Board shall affect
any intereslt
of
the War Department
of
the
Admiralty
or
of the Postmaster-General unless
assent in writing thereto has been previously given
by Her Majesty’s Principal Secretary of State for
the War Department by the Admiralty or by the
Postmaster-General
as
the case may be
:
The Lands Clauses Acts except sections 128 to
132
of
:
Provided that the bond required by section 85
of
that
Act
shall
be under the common seal
of
the Board
and
shall be sufficient wilthowt the addition
of
the sureties
mentioned in Ithat section
:
Part
I
(relating to the construction of a railway)
of
the
:
Provided that nothing in the Railways Clauses Con-
solidation
Act
1845
or in this Act shall constitute the
Board a railway company within the meaning of the
or any
Act
amend-
ing or enlarging that Act.
PART
I
--rent,
this
Act
unless there be something in the subject or
Interpretation
context repugnant
to
such construction-
the authorised works
means the works described in and
authorised by section 14 (Power
to
make authorised
works)
of
this Act
;
3

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