Tor Bay Harbour Act 1970
| Jurisdiction | UK Non-devolved |
| Citation | 1970 c. liii |
Tor Bay Harbour Act 1970
c. liii 1
ELIZABETH H
1970 CHAPTER liii
An Act to re-enact with amendments certain enactments
relatingtothe Brixham, Paignton and Torquay harbours;
to extend the limits of the harbours and to provide for
one harbour for Tor Bay; to confer powers for the
administration, management and control of the harbour
upon the mayor, aldermen and burgesses of the county
borough of Torbay; and for other purposes.
[23rd July 1970]
M7HEREAS-
(1)
By
virtue of
the
Torbay Order
1966
(hereinafter referred to S.i. 1967/136.
as " the Order of
1966
"),
the county borough of Torbay (herein-
after referred to as " the borough") was constituted on the
1st April, 1968:
(2) The borough council of Torquay and the urban district
councils of Brixham and Paignton were harbour authorities
immediately before 1st April,
1968,
and pursuant to the Order of
1966
the council of the borough was made the harbour authority
responsible for the three harbours:
2 c. liu
Tor
Bay
Harbour
Act
1970
(3) It is expedient for the limits of the existing harbours to be
amalgamated to form one harbour and at the same time to
extend the limits of the harbour and enlarge in various respects
the powers of the harbour authority and to make further provision
in regard to the administration, management and control of the
harbour:
(4) It is expedient that the other provisions contained in this
Act should be enacted:
1933 c. 51.
(5) The purposes of this Act cannot be effected without the
authority of Parliament:
(6) In relation to the promotion of the Bill for this Act the
requirements of Part XIII of the Local Government Act 1933
have been observed:
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:—
Short
title
and
commence-
ment.
PART
I
PRELIMINARY
1.—(1)
This Act may be cited as the Tor Bay Harbour
Act 1970.
(2) Save as otherwise expresssly provided the provisions of
this
Act shall
come
into force on the 1st April, 1971.
Division
of
Act
into
Parts.
2.
This Act is divided into Parts, as follows:—
Part I.—Preliminary.
Part II.—Duties and powers of harbour authority.
Part III.—Charges.
Part IV.—Handling and warehousing of goods.
Part V.—Byelaws and regulations.
Part VI.—Miscellaneous and general.
Incorporation
3#_(1) The provisions of lhe Harbours Clauses Act 1847
1847
c'27.
(excePt
sections 6 to 13, 18, 19, 23, 25, 26, 28, 42, 43,50, 73, 83
Tor
Bay
Harbour
Act
1970
c. liii
to 90, 95, 97, 98 and 101) so far as they are applicable for the PART l
purposes of, and are not inconsistent with or varied by this Act, —com.
are hereby incorporated with and form part of this Act.
(2) Tn construing the provisions as so incorporated—
(a) the expression " the special Act" shall mean this Act,
the expressions " the promoters of the undertaking"
and " the undertakers " shall mean the harbour authority
and the expression " the harbour dock or pier " shall
mean the harbour;
(b) section 33 shall not be construed as derogating from the
power of the harbour authority to discontinue any part
of the undertaking;
(c) section 52—
(i) shall extend to empower the harbour master to
give directions as to the areas, routes or channels in the
harbour which vessels, or particular classes of vessels,
are to use or refrain from using for movement or
moorings;
(ii) shall not be construed to require the harbour
master in emergency to give particular directions in
the case of every vessel in respect of which it is desired
to exercise any of the powers of that section, but in
pursuance of that section, for all or any of the purposes
thereof,
the harbour master shall be entitled in
emergency to give general directions applicable to all
vessels or to particular classes of vessels; and
(d) section 53 shall not be construed to require the harbour
master to serve a notice in writing of
his
directions upon
the master of a vessel and such directions may be given
orally or otherwise communicated to the master.
4.—(1) In this Act, unless the subject or context otherwise Interpreta-
requires— tlon'
" the Act of 1936 " means the Public Health Act 1936;
1936
c.
49.
" the Act of 1960 " means the Road Traffic Act 1960;
i960
c.
16.
" the Act of 1964 " means the Harbours Act 1964;
1964
c.
40.
" the borough " means the county borough of Torbay;
" charges " includes charges, fares, rates, tolls and dues of
every description for the time being payable to the
harbour authority under any enactment;
" collector " means collector of charges and includes his duly
authorised deputies and assistants;
" the Corporation " means the mayor, aldermen and burgesses
of the borough acting by the council;
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