Workington Harbour and Dock Act 1920

Publication Date:January 01, 1920
 
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Workington Harbour and Dock Act 1920

(10 & 11 Geo. 5) c. cl

An Act to empower the Workington Harbour and Dock Board to construct a dock extension and other works to confer upon that Board additional financial and other powers and for other purposes

[16th August 1920]

[lo &L 11 GEO. 5.3 Woi%i.rtyton Barbour and Dock [Ch. cl.] Act, 1920. CHAPTER el. An Acbt to empower the Workirigtoii Harhonr arid Dock A.D. 1920. - l3oarcl to construct a docl; exteiisioii and other works to confer ul)oii thn t Boaid additional financial ancl otlicr powers and fhr other pwposes. [ 1 6t8h August 1920.1 HERRAS by the Workington Rarbour and Dock Act w 190,i (in this hct called "the Act of 1905") the Work- ington Harbour and Dock Board (in this Act called "the Board ") were incorporated and under the authority of that Act and previous Acts the Board are the port and harbour authority for and we the owners of the harhour and certain docks rail- mays and other works at the port and harbour of Workington in the county of Cumberland and are entitled to levy rates duties tolls and charges on vessels resorting to the said port and harbour and on goods shipped or unshipped thereat: And whereas in order to increase the facilities for dealing ~ith the growing trade of the said port and harbour and to enable vessels of larger size to resort thereto it is expedient that the Board should be empowered to construct the dock extension and other works by this Act authorised: And whereas under the authority of the Act of 1905 the Board have created and issued redeemable debenture stock bearing interest at the rate of three and a half per centum per annum and known as Workington Harbour nnd Dock " A " debenture stock (in this Act called "A debenture stock") to the amount of seventy-five thousand pounds which debenture stock as regards both principal and interest is charged upon and remains nntil redeemed a first charge over the undertaking of the Board for the time being in priority to any debentures [Price Is. W. Net.] A 1 A.D. 1920. __ [Ch. cl.] Workii@oIh Hai*bour ad Dockc [lo & 11 GEO. 6.1 Act, 1920. debenture stock mortgage or other security to be created or issued by the Board: And whereas no portion either of the A debenture stock or of the B debenture stock has been redeemed by the Board and the amounts of seventy-five thousand pounds and twenty- five thousand pounds are still owing upon the security thereof respectively : And whereas the Board have under the authority of the Act of 1905 also created a.nd issued redeemable debenture stock bearing interest at the raie of four per centum per annuni and known as Workington Harbour and Do& " B " debenture stock (in this Act called ``B debenture stock ") to the amount of twenty-five thousand pounds which debenture stlock as regards both principal and interest is charged upon and remains until redeemed a charge on the net revenue of the undertaking of the Board subject only to the -4 debenture stock in priority to any debentures debenture stock mortgage or other security of the Board other than the said A debenture stock: And whereas the Board were authorised by the Act of 1905 in addition to the creation and issue of the A debenture stock and the B debenture stock to borrow on the security of the revenue of the undertaking of the Board or by bond bill or covenant of the Board further sums amounting in the aggregate to two hundred and fifty thousand pounds for the purpose of executing certain works authorised by that Act and of extending or improving the harbour and any of the docks quays wharves piers buildings or sidings thereof or the channels and approaches thereto and for other purposes : Snd whereas the Board have in pursuance of the said further borrowing powers borrowed from the Workington Iron and Steel Company Limited and that company have advanced to the Board by way of unsecured loan the sum of forty-one thousand pounds : And whereas it has been agreed between the Board on the one hand and the holders of the A debenture stock and the B debenture stock respectively on the other hand that the said amounts of debenture stock shall be redeemed as provided by this Act: And whereas it is expedient that there should be substituted for the existing unexercised powers of the Board of raising [lo & 11 GEO. 5.1 Woi'kir~gtoiz HWDOLW and Dock [Ch. cl.] Act, 1920. money a power to raise such money by the creation and issue A.D. 1920. of consolidated stock and that the Board should be authorised _- to raise by the creation and issue of further amounts of such consolidated stock additional moneys for the purpose of redeem- ing the il debenture stock and the B debenture stock and of repaying the said uiisecured loan and for the execution of the works authorised by this Act and for the general purposes of their undertaking : Anct whereas it is expedient in consequence of the great increase in the cost of carrying on the undertaking of the Board that the ninximuin rates duties tolls and charges now leviable liy the Board should be increased: And whereas it was proded by section 43 of the Workington Dock and Harbour Act 1882 that vessels using the harbour only and not entering the docks should be entitled to a deduction of one-fourth from the rates tolls and charges autho- rised by that Act to be taken in respect of vessels: And whereas it is expedient that the said section should be repealed : And whereas it is expedient that the other provisions contained in this Act should be made: And whereas the purposes of this Act cannot be effected without the authority of Parliament : And whereas plans and sections showing the lines situation and levels of the intended works and the lands in or through which they will be made and a book of reference to those plans containing the names of the owners or reputed owners lessees or reputed lessees and of the occupiers of such lands have been deposited with the clerk of the peace for the county of Cumberland and are in this Act referred to as the deposited plans sections and book of reference : May it therefore please Your Majesty that it may be enacted and be it enacted by the King's most Excellent Najesty by and witli 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 (that is to say):- PART I. PRELIMINARY, 1. This Set may be cited as the Workington Harbour and Short title. Dock Act 1920. A 2 3 [Ch. cl.] TVorkitytoih &arbour arid Bock [lo & 11 GEO. 5.1 Act, 1920. A.D. 1920. 2. This Act is divided into Parts as follows (that is to into Parte. Yarl I.-Preliniinary. __ say) :- Act divided Part 11.-Works and Lands. Part 111,-Finance and Miscellaneous. Illcorpora- ral Acta. 3. Thc following Acts and parts of Acts (that is to say) :- tion of gene- The Lands Clauses Acts; The Harbours Docks and Piers Clauses Act 1847 except sections 16 to 19 (unless the Board shall be required by the Board of Trade to provide and niaiiitain a life- boat and tide and weather gauge); and The Commissioners Clauses Act 1847 except the provisions with respect to the qualification of coinmissioners and to the election and rotation of commissioners and sxcept section 57 thereof and except that section Si shall not apply to an officer of the Board who is interested in any coiltract merely by reason of his being a shareholder in any company contracting with the Board; so far as tlie same are applicable for the purposes of and are not varied by or inconsistent with this Act are incorporated with and form part of this Act: Provided that the following expressions used in tlie Har- bours Docks and Piers Clauses Act 1847 shall have the following respective meanings (that is to say) :- The esprcssion~ " packet boat " and " Post Office packet " rneaii respectively a vessel eniployecl by or under the Post Office or the Admiralty for the conveyance under contract of postal packets as defined by the Post Office Act 1908 and the expression " Post Office hag of letters " means a mail bag as defined by the saiiie Act: Provided also that nothing in the Harbours Docks ancl Piers Clauses Act 18417 or in this Act shall extend to rseinpt from rates or duties any such vessel as aforesaid if 5'1~` also conveys passengers live stock or goods for hire. Interprc- tation. 4.--(l) In this Act unless the subject or context otherwise requlres ternih to vhich meanings are assigned by the enact- 4 [lb & 11 GEO. 5.3 Workington .Earbow* ana? Dock LCh. cl.] ments incorporated And- " The Board " Board ; "The Act of Eock ,\ct Act, 1920. herewith have the same respective meanings A.D. 1920. means the Workington Harbour and Dock 1905 " means the Workington Harbour and 1905 ; " The undertaking " nieaiis the undertaking carried on by the Board upon or in connexion with the harbour and docks for the time being of the Board and the real and personal property railways piers works and appliances acquired appropiiated or provided by them for the purposes thereof ; `` Consoliclatecl stock " means Workington Port and Harbour consolidated stock created and issued under or by virtue of this Act; Statutory borrowing poiver " means any power whether or not coupled with a duty of borrowing or continuing on loan or re-borrowing money or of redeeming or paying off or creating or continuing payment of or in respect of any annuity rentcharge rent or other security repre- senting or granted in lieu of consideration nioney for the time being existing under any Act of Parliament puldic or local passed or to be passed or under any Provisional Order confirmed by Act of Parliament passed or ti, be passed or under any order or sanction of any Government department inade or given or to be made or given by authority of any Act of Parliament passed or to be passed; " Statutory security " means any security in which trustees are for the time being by or under any Act of Parliament passed or to be passed authorised to invest trust money and any mortgage bond...

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