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Statutory Instruments

1993 No. 1962

HARBOURS, DOCKS, PIERS AND FERRIES

The Harwich Haven Harbour Revision Order 1993

Made

27th July 1993

Coming into force

17th August 1993

Whereas the Harwich Haven Authority have applied for a harbour revision order under section 14 of the Harbours Act 1964(1);

And whereas objections to the application made pursuant to paragraph 3(a) of Schedule 3 to the said Act have been withdrawn:

Now, therefore, the Secretary of State for Transport (being the appropriate Minister under subsection (7) of the said section 14(2)), in exercise of the powers conferred by that section and now vested in him(3), and of all other powers enabling him in that behalf, hereby makes the following Order:-

Citation and commencement

1.-(1) This Order may be cited as the Harwich Haven Harbour Revision Order 1993 and shall come into force on 17th August 1993.

(2) The Harwich Harbour Acts and Orders 1973 to 1988 and this Order may be cited together as the Harwich Harbour Acts and Orders 1973 to 1993.

Interpretation

2. In this Order expressions to which meanings are assigned by the Harwich Harbour Act 1974(4) have the same respective meanings; and "the Authority" means the Harwich Haven Authority.

Extension of seaward limit of jurisdiction

3.-(1) The Harwich seaward area (within which the Authority and the harbour master have jurisdiction in accordance with the Harwich Harbour Act 1974), as extended by the Harwich Harbour Revision Order 1979(5) and the Harwich Harbour Act 1988(6), is hereby further extended to include the area described in the Schedule to this Order.

(2) Subject as hereinafter provided, all enactments conferring rights, powers, privileges and immunities or imposing duties, obligations and liabilities upon the Authority, and all byelaws and regulations made by the Authority, which relate to, or are in force in, the Harwich seaward area (as extended as aforesaid) shall relate to, and have effect in, the Harwich seaward area as further extended by this article; and the Harwich Harbour Acts referred to in the provisions set out in Part II of Schedule 3 to the said Act of 1974 and that Act shall have effect as if-

(a)reference therein to those Acts or that Act included this Order; and

(b)reference therein to the Harwich seaward area included that area as extended by this article.

Borrowing powers

4. Section 54 (Borrowing powers) of the Harwich Harbour Act 1974 shall have effect as if in subsection (1), as having effect in accordance with article 2(1) of the Harwich Harbour Revision Order 1985(7), for the words "£30 million" there were substituted the words "£50 million".

Signed by authority of the Secretary of State for Transport

M. W. Jackson

An Under Secretary in the

Department of Transport

27th July 1993

Article 3(1)

SCHEDULEDESCRIPTION OF THE ADDED SEAWARD AREA

An area enclosed by-

(a)a straight line from a position on the Authority's existing outer limit of jurisdiction at latitude 51°53.76" north, longitude 01°34.03" east (mentioned in paragraph (b) of Schedule 1 to the Harwich Harbour Act 1988) in a due south direction to position latitude 51°52.57" north, longitude 01°34.03" east; and

(b)a straight line from position latitude 51°52.57" north, longitude 01°34.03" east in a due west direction to position latitude 51°52.57" north, longitude 01°30.90" east;and

(c)a straight line from position latitude 51°52.57" north, longitude 01°30.90" east in a due north direction to rejoin the existing outer limit of jurisdiction in position latitude 51°54.25" north, longitude 01°30.90" east; and

(d)a straight line from position latitude 51°54.25" north, longitude 01°30.90" east in a 104° direction to position latitude 51°53.76" north, longitude 01°34.03" east (being the commencement of the line mentioned in sub-paragraph (a) above).

Explanatory Note

(This note is not part of the Order)

This Order-

(a)further extends the seaward limit of jurisdiction of the Harwich Haven Authority; and

(b)increases from £30 million to £50 million the maximum level of capital borrowing under section 54 of the Harwich Harbour Act 1974 as amended by the Harwich Harbour Revision Order 1985.

(1)

1964 c. 40; section 14 and Schedule 3 were amended by the Transport Act 1981 (c. 56), section 18 and Schedule 6, paragraphs 2 to 4, 12 and 14, and by the Transport and Works Act 1992 (c. 42), Schedule 3, paragraphs 1 and 10.

(2)

For the definition of "the Minister" (mentioned in section 14(7)), see section 57(1).

(3)

S.I. 1981/238.

(5)

S.I. 1979/1656.

(7)

S.I. 1985/1803.


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