Pier and Harbour Orders Confirmation (No.2) Act 1907

JurisdictionUK Non-devolved
Citation1907 c. cxix
Year1907
[7
EDW.
7.] Pier and Harbour Orders [Ch. CXix.]
Confirmation {No. 2) Act, 1907.
CHAPTER cxix.
An Act to confirm certain Provisional Orders made
A.D.
1907.
by the Board of Trade under the General Pier and
Harbour Act 1861 relating to Fleetwood Portsmouth
and Sennen. [9th August 1907.]
W
HEREAS a Provisional Order made by the Board of Trade
under the General Pier and Harbour Act 1861 is not of any
24 & 25
Viet.
validity or force whatever until the confirmation thereof by Act c# 45,
of Parliament:
And whereas it is expedient that the several Provisional Orders
made by the Board of Trade under the said Act and set out in
the schedule to this Act be confirmed by Act of Parliament:
Be it therefore 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:
1.
The several Orders as amended and set out in the schedule Confirmation
to this Act shall be and the same are hereby confirmed and of,0!idfrs m
. . * schedule.
all the provisions thereof m manner and form as they are set
out in the said schedule shall from and after the passing of this
Act have full validity and force.
2.
This Act may be cited as the Pier and Harbour Orders Short title.
Confirmation (No. 2) Act 1907.
[Price 3s.] A 1
A.D.
1907.
[Ch.
Cxix.] Pier and Harbour Orders [7
EDW.
7.]
Confirmation
(No. 2) Act, 1907.
THE
SCHEDULE OF ORDERS.
1. FLEETWOOD.—Construction
of pier &c.
2. PORTSMOUTH.—Transfer
of Southsea South Parade Pier &c.
3. SENNEN.—Incorporation
of Harbour Commissioners &c.
Fleetwood.
Short
title and
commence-
ment.
Interpretation,
Undertakers.
Limits
of
Order.
FLEETWOOD
VICTORIA PIER.
Provisional Order
for
the construction maintenance and regulation
of
a pier and works at Fleetwood in the County Palatine
of
Lancaster.
Preliminary.
1.—(1)
This Order may be cited as the Fleetwood Victoria Pier
Order 1907.
(2) This Order shall come into force upon the day when the Act
confirming this Order is passed and that day is in this Order referred to
as "the commencement of this Order."
2.
In this Order unless the context otherwise requires
(1) The expression " the council" means the urban district council
for the urban district of Fleetwood in the county palatine
of Lancaster;
(2) The expression " the two companies " means the Lancashire and
Yorkshire Kailway Company and the London and North
Western Kailway Company as joint proprietors of the Preston
and Wyre Railway and Harbour and Conservators of the
harbour of Fleetwood;
(3) The expression " the works" means the works authorised by
this Order.
Undertakers.
c>.
The Fleetwood Victoria Pier Company Limited (herein-after called
"
the Undertakers ") shall be the undertakers for carrying this Order into
execution.
Limits.
4.
The limits within which the Undertakers shall have authority and
within which the powers of the pier master may be exercised shall comprise
the works and any land which may be acquired by the Undertakers under
2
[7
EDW.
7.] Pier and Harbour Orders [Ch.
cxix.]
Confirmation {No. 2) Act, 1907.
the powers conferred on them by this Order and which limits are in this A.D. 1907.
Order termed "the limits of this Order." Fleetwood.
Acquisition of Lands.
5.
The Lands Clauses Acts (except so much thereof as relates to the incorporation
purchase and taking of lands otherwise than by agreement and to the entry n^we^'Acts
upon lands by the promoters of the undertaking) shall be incorporated with
and form part of this Order and for the purpose of that incorporation the
expression " Special Act " in the Acts so incorporated means this Order.
6. For the purposes of the works the Undertakers may by agreement Power to take
enter upon take for a freehold leasehold or other interest and use such of the ^°~| y
aSree"
lands shown on the plans deposited for the purposes of this Order as they
think requisite for the purposes of the works or any easement or right over
or affecting those lands.
7.
The council may at the request of the Undertakers grant to the Council to
Undertakers a lease over so much of the lands and foreshore belonging to fequiredT61
the council as they may deem requisite for the purposes of the works.
8. The Undertakers may purchase and hold for extraordinary purposes Lands for
any lands not exceeding in the whole two acres but this section shall not purposes!11
exempt the Undertakers from any proceedings for nuisance caused or
permitted by them on lands taken by them under the powers conferred
by this section.
9. Persons empowered by the Lands Clauses Acts to sell and convey Power to take
or release lands may if they think fit subject to the provisions of those Acts ^agreement'.
and of this Order grant to the Undertakers any easement right or privilege
(not being an easement right or privilege of water in which other persons
than the grantors have an interest) required for the purposes of this Order
in over or affecting any such lands and the provisions of the said Acts with
respect to lands and rentcharges so far as the same are applicable in this
behalf shall extend and apply to any such grants and to any such easements
rights and privileges as aforesaid respectively.
Works. u
10.
Before commencing to construct any of the works the Undertakers Works not to
shall satisfy the Board of Trade that a sufficient part of their capital has befor^pitaf
been subscribed to enable them to construct and carry out the works in a subscribed.
substantial manner and that that capital is available for that purpose.
11.
When the Undertakers have obtained, in manner provided by this Power to con-
Order the approval of the council and the two companies to the plans struct works-
sections and elevations of their proposed works they may subject to the
provisions of this Order and sabject also to such alterations (if any) in
the plan and section deposited for the purposes of this Ox-der as the Board
of Trade may before the completion of the works require in order to prevent
injury to navigation on the lands and in the lines and according to the levels
shown on the deposited plan and section (so far as the same are shown
A 2 3

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