Statutory Harbour Undertakings (Form of Accounts etc.) (General) Regulations 1969

Publication Date:January 01, 1969
 
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1969No. 1295

HARBOURS, DOCKS, PIERS AND FERRIES

The Statutory Harbour Undertakings (Form of Accounts etc.) (General) Regulations 1969

12thSeptember1969

23rdSeptember1969

26thSeptember1969

The Minister of Transport, in exercise of the powers conferred on him by section 42 of the Harbours Act 1964(a) and of all other powers enabling him in that behalf and after consultation with the National Ports Council, hereby makes the following Regulations:—

Citation and commencement

1. These Regulations may be cited as the Statutory Harbour Undertakings (Form of Accounts etc.) (General) Regulations 1969 and shall come into operation on 26th September 1969.

Interpretation

2.—(1) For the purposes of these Regulations, unless the context otherwise requires:—

(a) the expression "provision" shall, subject to paragraph (2) of this Regulation, mean any amount written off or retained by way of providing for depreciation, renewals or diminution in value of assets or retained by way of providing for any known liability of which the amount cannot be determined with substantial accuracy;

(b) the expression "reserve" shall not, subject as aforesaid, include any amount written off or retained by way of providing for depreciation, renewals or diminution in value of assets or retained by way of providing for any known liability or any sum set aside for the purpose of its being used to prevent undue fluctuations in charges for taxation;

and in this Regulation the expression "liability" shall include all liabilities in respect of expenditure contracted for and all disputed or contingent liabilities.

(2) Where—

(a) any amount written off or retained by way of providing for depreciation, renewals or diminution in value of assets, not being an amount written off in relation to fixed assets before the commencement of these Regulations; or

(b) any amount retained by way of providing for any known liability;

is in excess of that which in the opinion of the authority is reasonably necessary for the purpose, the excess shall be treated for the purposes of these Regulations as a reserve and not as a provision.

(a) 1964 c. 40.

3. For the purposes aforesaid, the expression "quoted investment" means an investment as respects which there has been granted a quotation or permission to deal on a recognised stock exchange, or on any stock exchange of repute outside Great Britain, and the expression "unquoted investment" shall be construed accordingly.

4. For the purposes aforesaid, the expression "long lease" means a lease in the case of which the portion of the term for which it was granted remaining unexpired at the end of the financial year is not less than fifty years, the expression "short lease" means a lease which is not a long lease and the expression "lease" includes an agreement for a lease.

5.—(1) For the purposes aforesaid, the expression "undertaking" means a statutory harbour undertaking to which these Regulations apply, the expression "authority" means the person by whom an undertaking is carried on and the expression "director", in relation to an authority which is a company, has the same meaning as in the Companies Act 1948(a) and, in relation to any other authority, means a member of that authority by whatever name called.

(2) Where any provision of these Regulations refers, in whatever terms, to a decision or estimate by, or an opinion of, an authority that provision shall be construed, in relation to an authority which is a company, as referring to a decision or estimate by, or an opinion of, the directors of that company.

6. For the purposes aforesaid, any reference to a balance sheet or revenue account shall include any notes thereon or document annexed thereto giving information which is required by these Regulations and is thereby allowed to be so given.

7. For the purposes aforesaid:—

(a) the expression "debenture" includes debenture stock, bonds, mortgages, loan stock and any other securities of an authority whether constituting a charge on the assets of the authority or not;

(b) the expression "financial year" in relation to an undertaking means the year for which the annual accounts relating to that undertaking are made up and, where the authority wishes to change the financial year, includes the transitional accounting period adopted for the purpose of effecting that change;

(c) the expression "goods dues" means charges in respect of goods brought into, taken out of or carried through a harbour by ship (but not including charges in respect of work performed, services rendered or facilities provided in respect of goods so brought, taken or carried);

(d) the expression "holding company" means a holding company as defined by section 154 of the Companies Act 1948;

(e) the expression "investment grants" means grants made under the Industrial Development Act 1966(b);

(f) the expression "officer" includes a servant, but does not include a director;

(g) the expression "passenger dues" means charges for any passengers embarking or disembarking at a harbour (but not including charges in respect of any services rendered or facilities provided for them);

(h) the expression "port modernisation grants" means grants made under section 12 of the Harbours Act 1964;

(a) 1948 c. 38.

(b) 1966 c. 34.

(i) the expression "recognised stock exchange" has the same meaning as in the Prevention of Fraud (Investments) Act 1958(a);

(j) the expression "shares" includes stock;

(k) the expression "ship dues" means charges in respect of any ship for entering, using or leaving a harbour, including charges made on the ship in respect of marking or lighting the harbour;

(l) the expression "statutory harbour undertaking" means an undertaking or part of an undertaking the activities whereof consist wholly or mainly in the improvement, maintenance or management of a harbour in the exercise of powers vested under the Harbours Act 1964, by another Act or by an order or other instrument (except a provisional order) made under another Act or by a provisional order in the person by whom the undertaking is carried on (other than river works powers as defined by section 57 of the Harbours Act 1964), in the performance of duties so vested in him (other than river works duties as so defined) or in the exercise and performance of powers so vested in him (other than river works powers as so defined) and duties so vested in him (other than river works duties as so defined);

(m) the expression "subsidiary" means a subsidiary as defined by section 154 of the Companies Act 1948;

(n) the expression "United Kingdom" does not include Northern Ireland.

8. For the purposes aforesaid, a loan shall be deemed to fall due for repayment, and an instalment of a loan shall be deemed to fall due for payment, on the earliest date on which the lender could require repayment or, as the case may be, payment if he exercised all options and rights available to him.

9. In the application of these Regulations to Scotland, "land of freehold tenure" means land in respect of which the authority is the proprietor of the dominium utile or, in the case of land not held on feudal tenure, is the owner and "land of leasehold tenure" means land of which the authority is the tenant under a lease.

10.—(1) Unless the context otherwise requires references in these Regulations to the provisions of any enactment shall be construed as references to those provisions as amended or re-enacted by any subsequent enactment.

(2) The Interpretation Act 1889(b) shall apply for the interpretation of these Regulations as it applies for the interpretation of an Act of Parliament.

Undertakings to which these Regulations apply

11. These Regulations shall apply to a statutory harbour undertaking which is carried on by a person specified in Schedule 1 to these Regulations.

Form of Accounts etc.

12. As respects any financial year ending more than three months after these Regulations come into operation the annual statement of accounts relating to an undertaking to which these Regulations apply shall, so far as it relates to that undertaking, be in the form, contain the particulars and be compiled in the manner, indicated in Schedule 2 to these Regulations.

Given under the Official Seal of the Minister of Transport the 12th September 1969.

Richard Marsh, Minister of Transport.

(L.S.)

(a) 1958 c. 45.

(b) 1889 c. 63.

SCHEDULE 1

PERSONS WHO CARRY ON UNDERTAKINGS TO WHICH THESE REGULATIONS APPLY

Aberdeen Harbour Board

Berwick Harbour Commissioners

Blyth Harbour Commissioners

Caernarvon Harbour Trust

Cattewater Harbour Commissioners

Clyde Port Authority

Cowes Harbour Commissioners

Dartmouth Harbour Commission

Dover Harbour Board

Dundee Harbour Trustees

Exmouth Docks Company

Falmouth Docks and Engineering Company

Falmouth Harbour Commissioners

Felixtowe Dock and Railway Company

Forth Ports Authority

Fowey Harbour Commissioners

Gloucester Harbour Trustees

Great Yarmouth Port and Haven Commissioners

Harwich Harbour Conservancy Board

Ipswich Dock Commission

King's Lynn Conservancy Board

Lancaster Port Commission

Littlehampton Harbour Board

Port of London Authority

Maldon Harbour Improvement Commissioners

Manchester Ship Canal Company

Margate Pier and Harbour Company

Medway Ports Authority

Mersey Docks and Harbour Board

Milford Docks Company

Milford Haven Conservancy Board

Montrose Harbour Trust

Neath Harbour Commissioners

Newport Harbour Commissioners

Orkney Harbour Commission

Padstow Harbour Commissioners

Poole Harbour Commissioners

River Dart Navigation Commissioners

River Wear Commissioners

Sandwich Port and Haven Commissioners

Seaham Harbour Dock Company

Shoreham Port Authority

Tees and Hartlepool Port Authority

Teignmouth Harbour Commissioners

Port of Tyne Authority

Warkworth Harbour Commission

Whitehaven Harbour Commissioners

Yarmouth (Isle of Wight) Harbour Commissioners

SCHEDULE 2

FORM, CONTENTS AND MANNER OF COMPILATION OF ANNUAL STATEMENT OF ACCOUNTS

Preliminary

1. The annual statement of accounts shall consist...

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