Leith Harbour and Docks Order Confirmation Act 1959

JurisdictionUK Non-devolved
Citation1959 c. xxxv
7
&
8 ELIZ. 2 Leith
Harbour and Docks
Ch. xxxv
Order Confirmation
Act, 1959
CHAPTER xxxv 3
AO S»U,
An Act to confirm a Provisional Order underlie Private
Legislation Procedure (Scotland) Act 1936 relating to
Leith Harbour and Docks. r29th July 1959.]
W
HEREAS the Provisional Order set/forth in the schedule
hereunto annexed has been made by the Secretary of
State under the provisions of' the Private Legislation
Procedure (Scotland) Act 1936 and it is requisite that the said
Order should be confirmed by Parliament:
Be it therefore enacted by the Ojieen's most Excellent Majesty
by and with the advice and consent of the Lords Spiritual and
Temporal and Commons in ^nis present Parliament assembled
and by the authority of the same as follows:
1.
The Provisional Order contained in the schedule hereunto Confirmation
annexed is hereby confirmed.
oft.0Idfr
m
J schedule.
2.
This Act may be cited as the Leith Harbour and Docks Short title.
Order Confirmation Act 1959.
A2 A
Ch. xxxv Leith Harbour and Docks 7 & 8 ELIZ. 2
Order Confirmation Act, 19:59
SCHEDULE \
LEITH HARBOUR AND DOCKS
Provisional Order to authorise the
Commissioners
for the
harbour
and docks
of Leith to
construct
a
work
to
amknd the provisions
of the
Leith Harbour and Docks Orders 1935 to 1952
relating
to
rates
and
charges
to
confer
further
powers on \the Commissioners and
for other
purposes.
WHEREAS by the Leith Harbour and D6cks Consolidation Order
1935 (being an Order for consolidating with amendments the various
Acts and Orders relating to the harbour and docks of Leith) the
Commissioners for the harbour and docks of Leith (hereinafter called
" the Commissioners ") were continued incorporated for the purposes
therein mentioned:
And whereas it is expedient that the Commissioners should be
authorised to execute the work hereinafter described:
And whereas it is expedient that certain of the rates which the
Commissioners are authorised to demand levy collect and receive
should be revised and that they should be authorised to demand
levy collect and receive new and modified rates as provided in this
Order:
And whereas it is expedient that the further powers mentioned in
this Order should be conferred on the Commissioners:
And whereas a plan and
sections;
showing the lines situations and
levels of the work to be constructed under the powers of this Order
and a book of reference to such plan showing the names of the
owners and lessees or reputed owners and lessees and of the occupiers
of
the
lands required or which may be taken for the purpose of or
under
the powers of this Order were duly deposited in the office of the Clerk
of the Parliaments and in the Private Bill Office of the House of
Commons and with the Sheriff Clerk of the county of Midlothian
and with the town clerk of
the
city of Edinburgh and such plan sections
and book of reference are respectively called the deposited plan
sections and book of reference:
And whereas the purposes aforesaid cannot be effected without an
Order confirmed by Parliament under the provisions of the Private
Legislation Procedure (Scotland) Act 1936:
Now therefore in pursuance of the powers contained in the last-
mentioned Act the Secretary of State orders as follows:
PART I
PRELIMINARY
1.—(1)
This Order may be cited as the Leith Harbour and Docks
Order 1959.
(2) The Leith Harbour and Docks Orders 1935 to 1952 and this
Order may be cited together as the Leith Harbour and Docks Orders
1935 to 1959.
Short and
collective
titles.
2
7 & 8 ELIZ. 2 Leith Harbour and Docks Ch. xxxv
Order Confirmation Act, 1959
2.
This Order is divided into Parts as follows: PART I
Part I.—Preliminary. —com.
Part II.—Authorised work. Division of
Part III.—Rates. Order into
Part IV.—Miscellaneous. Parts-
3.
This Order shall commence and have effect on the ,Hate of the Commencement
passing of the Act confirming the same. / of
Order.
4.—(1) In this Order Interpretation.
" the authorised work " means the work authorised/' by section 5
(Power to construct work) of this Order; /
" bond " means a bond granted by the Commissioners pursuant
to the Order of 1935;
" the Commissioners" means the Commissioners for the port
of Leith;
" funded debt certificate " means a funded debt certificate issued
by the Commissioners pursuant to the Order of 1935;
" the Harbours Clauses Act" means the Harbours Docks and
Piers Clauses Act 1847;
" harbour of Newhaven" means the harbdur of Newhaven
vested in the Commissioners by the Order of 1935 and the
works connected therewith and all future additions thereto
and extensions
thereof;
" high-water mark " means high-water mark of ordinary spring
tides;
>
" the Minister" means the Minister of /Transport and Civil
Aviation;
" the Order of 1935" means the Leith^ Harbour and Docks
Consolidation Order 1935;
" the Order of 1950 " and " the Order of 1952 " mean the Leith
Harbour and Docks Orders of those respective years;
" the port of Leith" means the port and harbour of Leith
including the harbour of Newhaven and the harbours docks
quays piers and whole other works and property included
in the undertaking vested in the Commissioners by the
Order of 1935 and all future additions thereto and extensions
thereof;
" white fish" has the meaning assigned to " white fish" by
section 19 (Interpretation) of the Sea Fish Industry Act 1951.
(2) This Order is to be read as if the words " or thereabouts " were
inserted after each distance mentioned in section 5 (Power to construct
work) of this Order.
PART II;
AUTHORISED WORK
5.
Subject to the provisions of this/Order the Commissioners may Power to
construct and place in the Firth of Fofth on the bed banks and shores construct work.
3

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