Workington Harbour and Dock (Transfer) Act 1957
| Jurisdiction | UK Non-devolved |
| Citation | 1957 c. xxxii |
5 & 6 ELIZ. 2
Workington Harbour
and Dock Ch. xxxii
{Transfer)
Act, 1957
CHAPTER xxxii
An Act to transfer to the United Steel Companies
Limited the undertaking of the Workington Harbour
and Dock Board to constitute that company the port
and harbour authority for the port and harbour of
Workington in the county of Cumberland and to
extend and redefine the limits of the said port and
harbour to confer powers on that company in
relation to the undertaking to make provisions as
to the rates which may be demanded and taken by
that company in relation to the user of the under-
taking to repeal the Acts relating to the board's
undertaking and for other purposes.
[31st July 1957.]
W
HEREAS the Workington Harbour and Dock Board
(hereinafter in this Act referred to as " the board")
were incorporated by the Workington Harbour and Dock
Act 1905 (hereinafter in this Act referred to as " the Act of
1905 ") and under the authority of that Act and of the other
enactments mentioned in the First Schedule to this Act (herein-
after in this Act referred to as " the scheduled Acts ") are the port
and harbour authority for and are the owners of the harbour
and certain docks railways and other works at the port and
harbour of Workington in the county of Cumberland:
And whereas the board are entitled to demand and take rates
and charges on vessels resorting to the said port and harbour
and on goods shipped or discharged thereat and in respect of
certain services afforded in connection therewith :
And whereas the Act of 1905 provided that the board should
consist of five trustees and the power of appointing new trustees
was vested in Cammell Laird and Company Limited and their
successors and assigns : 1
Ch. xxxii Workington Harbour and Dock 5 & 6 ELIZ. 2
(Transfer) Act, 1957
And whereas the said power of appointment is and has since
1930 been vested in and exercised by the United Steel Companies
Limited (hereinafter in this Act referred to as " the Company ") :
And whereas over ninety per cent, of the trade of the port
and harbour of Workington is related to the Workington Iron
and Steel Works "and those works are owned by the Company :
And whereas by the Workington Harbour and Dock Act 1920
(hereinafter in this Act referred to as " the Act of 1920 ") the
board were authorised to raise and create by the issue of con-
solidated stock sums amounting in the aggregate to £850,000
and such stock was to be redeemed at par after the expiration of
eighty years from the date or respective dates of issue
thereof:
And whereas by the Act of 1920 the board were required by
equal yearly instalments of principal or principal and interest to
pay off the sums raised under the Act of 1920 within eighty years
from the date or respective dates of raising the same by means
of a sinking fund to be formed in accordance with the provisions
of the said Act:
And whereas pursuant to the said powers granted by the Act
of 1920 the whole of the consolidated stock authorised by that
Act was issued by the board and there is now outstanding an
amount of £829,549 (particulars of which are set out in the
Second Schedule to this Act) :
And whereas the whole of the outstanding consolidated
stock is now owned by the Company and the Company have
for many years past waived their right to the payment of dividends
on the said stock and to the payments required by the Act of
1920 being made to the sinking fund :
And whereas it is expedient that the Company should be the
port and harbour authority for the port and harbour of
Workington that the undertaking of the board hereinbefore
referred to should be transferred to and vested in the Company
and that there should be conferred on the Company such powers
to demand and take rates and charges in excess of those now
authorised as are by this Act granted :
And whereas it is expedient to cancel the outstanding amount
of consolidated stock and all accrued dividends thereon to dissolve
the board to indemnify the trustees in respect of any liability
arising out of their failure to carry out their statutory obligations
and to make such other provision in relation to these matters
as is in this Act provided :
And whereas it is expedient that the other powers contained
in this Act should be conferred on the Company :
And whereas it is expedient that the other provisions contained
in this Act should be enacted :
And whereas the purposes of this Act cannot be effected
without the authority of Parliament :
2
5 & 6 Euz. 2 Workington Harbour and Dock Ch. xxxii
(Transfer) Act, 1957
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 (that is to say) :—
PART I
PRELIMINARY
1.—(1)
This Act may be cited as the Workington Harbour and Short title and
Dock (Transfer) Act 1957. commence-
N ' ment.
(2) This Act (with the exception of subsection (1) of section 7
(Board to be entitled to receipts and to pay outgoings until
transfer) which shall come into force on the passing of this Act)
shall come into force on the day of transfer.
2.
This Act is divided into Parts as follows :— Act divided
T,
, r n -,- • into Parts.
Part I.—Preliminary.
Part II.—Transfer of the undertaking of the board.
Part III.—Harbour.
Part IV.—Railways.
Part V.—Rates.
Part VI.—Miscellaneous and general.
3.
The Harbours Clauses Act (except sections 12 and 13 16 to Incorporation
19 and 84 to 87) so far as it is applicable to the purposes of and
°j-
Harbours
is not inconsistent with the provisions of this Act is hereby Uauses Act-
incorporated with and forms part of this Act :
Provided that—
(a) in construing the' said Act the expression " the harbour
dock or pier " shall mean the harbour and the expression
" the special Act " shall mean this Act;
(b) nothing in the said Act shall require or authorise the
harbour master to require the dismantling of a seaplane
or any part thereof or the making of any alteration
whatever of the structure or equipment of a seaplane.
4.—(1) In this Act the following words and expressions have Interpretation.
the several meanings hereby assigned to them respectively unless
there be something in the subject or context repugnant to such
construction (that is to say) :—
" the Act of 1905 " means the Workington Harbour and
Dock Act 1905 ;
"the Act of 1920" means the Workington Harbour and
Dock Act 1920;
" the board " means the Workington Harbour and Dock
Board ;
" the commission " means the British Transport Commission;
3
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