Falmouth Docks Act 1959
| Jurisdiction | UK Non-devolved |
| Citation | 1959 c. xl |
| Year | 1959 |
7 & 8 ELIZ. 2
Falmouth Docks
Act, 1959 Ch. xl
CHAPTER xl
An Act to consolidate with amendments the statutory
powers of the Falmouth Docks and Engineering
Company to confer further powers upon the Company
and for other purposes. [29th July 1959.]
VI7HEREAS—
(1) By the Falmouth Docks Acts 1859 to 1958 the Falmouth
Docks and Engineering Company (hereinafter called " the
Company ") were incorporated and authorised to construct and
maintain a tidal harbour and certain docks and other works at
and in the neighbourhood of Falmouth in the county of Cornwall
and to exercise various other powers:
(2) The authorised share capital of the Company is three
million five hundred thousand pounds and the issued capital of
the Company consists of—
two million seven hundred and one thousand one hundred
and seventy-nine ordinary shares of one pound each;
and
two hundred and ninety-eight thousand eight hundred and
twenty-one preference shares of one pound each:
(3) The Company are authorised to borrow on mortgage of
their undertaking or raise by the issue of debenture stock (but
have not so borrowed or raised) any further sum or sums not
exceeding in the whole one-half of the amount actually paid up
on any shares which at the time of borrowing have been issued
by the Company: 1
Ch. xl
Falmouth Docks
Act, 1959 7 & 8 ELIZ. 2
Short title.
Division of
Act into
Parts.
(4) It is expedient to consolidate with amendments the
statutory powers of the Company and to confer upon the
Company such other powers in relation to their undertaking as
are in this Act contained:
(5) It
is
expedient that the other provisions in this Act contained
be enacted:
(6) The purposes of this Act cannot be effected 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
1.
This Act may be cited as the Falmouth Docks Act 1959.
2.
This Act is divided into Parts as follows:—
Part I.—Preliminary.
Part II.—Works and lands.
Part III.—General powers and duties of the Company.
Part IV.—Rates and dues.
Part V.—Financial.
Part VI.—Administrative.
Part VII.—Protective provisions and savings.
Part VIII.—Miscellaneous.
Incorporation
3.—(1)
The following enactments so far as the same are
of
Acts.
applicable to the purposes and are not inconsistent with the
provisions of this Act are hereby incorporated with this Act
(namely):—
(a) the Companies Clauses Consolidation Act 1845 (except
the provisions thereof with respect to the conversion of
borrowed money into capital):
Provided that the said Act of 1845 shall have effect
as if—
(i) in section 11 the words "Except as otherwise
provided by the conditions of issue
thereof"
were
inserted at the beginning of that section;
(ii) in section
15
for the words " on demand " there
were substituted the words " within two months after
delivery thereof ";
(hi) in section 67 for the word " advertisement"
there were substituted the word " notice "; and
2
7
&
8 ELIZ. 2
Falmouth Docks
Act, 1959 Ch. xl
(iv) in section
71
the word " public " were omitted PART I
and for the words " by advertisement" there were —com.
substituted the words " to the shareholders ";
(b) the Companies Clauses Act 1863 (except sections 17 to
21 and Part IV thereof):
Provided that the said Act of 1863 shall have effect
as if—
(i) in section 14 the words " but if in any year " to
the end of the section were omitted;
(ii) in section 22 the words " and to the same
amount as" were omitted;
(iii) in section 25 the words " or the sum of ten
thousand pounds whichever of the two last-mentioned
sums is the smaller sum " were omitted; and
(iv) in section 31 after the words "other than"
there were inserted the words " in the case of holders
of perpetual debenture stock ";
(c) the Lands Clauses Acts except the provisions with respect
to the taking of lands otherwise than by agreement and
except sections 127 to 132 and 150 and 151 of the Lands
Clauses Consolidation Act 1845 and section 5 of the
Lands Clauses Consolidation Acts Amendment Act
1860;
(d) the provisions of the Harbours Clauses Act 1847 (except
sections 6 to 13 84 to 88 and 97 and 98):
Provided that—
(i) sections 16 to 19 of the said Act of 1847 shall
not be enforced with respect to the Company unless
and except only so far as the Minister shall require
the Company to provide and maintain a lifeboat
and a tide and weather gauge; and
(ii) nothing in the said Act of 1847 shall require
or authorise the harbour master or other officer to
require the dismantling of a seaplane or any part
thereof or the making of any alteration whatever
to the structure or equipment of a seaplane;
(e) the Railways Clauses Consolidation Act 1845 (except
the provisions thereof relating to the construction of a
railway and sections 162 and 163):
Provided that nothing in the said Act of 1845 or in
this Act shall constitute the Company a railway company
within the meaning of the Railway and Canal Traffic
Act 1888. 3
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