Transport Act 1981

• (2) Section 92(9)(b) of the Finance Act 1972 (restriction on surrender of surplus advance corporation tax) and section 28(2) of the Finance Act 1973 (restriction of group relief) shall not apply to the Holding Company as the parent company of Associated British Ports.

• (3) Payments by Associated British Ports under section 11(1) of this Act shall be treated as dividends for the purposes of the enactments relating to corporation tax.

• (4) The vesting on the appointed day in the Holding Company of powers in relation to Associated British Ports shall not be regarded as constituting a change in the ownership of Associated British Ports for the purposes of section 483 of the Income and Corporation Taxes Act 1970 (restriction on carry forward of loss relief) or section 101 of the Finance Act 1972 (restriction on carry forward of relief for advance corporation tax).

Application of Trustee Investments Act 1961 to securities of the Holding Company

8

For the purposes of paragraph 3(b) of Part IV of Schedule 1 to the Trustee Investments Act 1961 (which excludes securities of a company from trustee status unless the company has paid a dividend in each of the preceding five calendar years) the Holding Company shall be deemed to have paid such a dividend as is mentioned in that provision in the calendar year in which the appointed day falls and in each of the preceding four calendar years.

Wholly-owned subsidiaries of Associated British Ports to be treated as statutory undertakers

9

So far as the activities of any wholly-owned subsidiary of Associated British Ports consist of the carrying on of any such undertaking as is mentioned in the definition of “statutory undertakers” in section 262(1) of the Town and Country Planning Act 1990 or section 214 of the Town and Country Planning (Scotland) Act 1997, that subsidiary shall be deemed for the purposes of any enactment relating to statutory undertakers or statutory undertakings to be such an undertaker carrying on such an undertaking.

Part II — Transitional Provisions and Savings

Directors of Associated British Ports

10

• (1) The persons who immediately before the appointed day were members of the British Transport Docks Board shall continue to hold office on and after that day as directors of Associated British Ports as if appointed by the Holding Company on that day for a period corresponding to the unexpired period of their existing appointments and on the same terms, as to remuneration and otherwise, as applied to those appointments, but subject to paragraph 3 of Schedule 2 and to the Holding Company’s power of removal.

• (2) The repeal by this Act of the entries for the British Transport Docks Board in Part II of Schedule 1 to the House of Commons Disqualification Act 1975 and Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 does not affect the operation of those provisions in relation to directors of Associated British Ports holding office by virtue of appointments made before the appointed day.

Chairman and deputy chairman

11

The persons who immediately before the appointed day were chairman and vice-chairman of the British Transport Docks Board hold office on and after that day, so long as they remain directors, as chairman and deputy chairman, respectively, of the directors of Associated British Ports as if elected by the directors under paragraph 5 of Schedule 2 for a period corresponding to the unexpired period of their appointments.

Accounts and annual report

12

• (1) For the purposes of sections 24 and 27(8) of the Transport Act 1962 (accounts and annual report) the accounting year of the British Transport Docks Board then current shall be taken to end with the day before the appointed day.

• (2) No amendment or repeal made by this Act affects the operation of those sections in relation to periods before the appointed day.

Profits attributable to periods before the appointed day

13

• (1) The profits of Associated British Ports out of which payments may be made under section 11(1) include accumulated profits attributable to periods before the appointed day.

• (2) Dividends paid by subsidiaries of Associated British Ports on or after the appointed day shall be taken into account in ascertaining the profits of Associated British Ports out of which payments may be made under section 11(1), notwithstanding that they are paid wholly or partly out of profits of the subsidiary attributable to periods before the appointed day.

• (3) For the purposes of section 39 of the Companies Act 1980 (profits available for distribution) sums received by the Holding Company under section 11(1) shall be regarded as profits of the period in which they are received notwithstanding that they are paid by Associated British Ports out of accumulated profits attributable to periods before the appointed day.

Charges

14

Any charges in force immediately before the appointed day in respect of services or facilities provided by the British Transport Docks Board shall as from that day be deemed—

• (a) in the case of ship, passenger and goods dues within the meaning of the Harbours Act 1964, to have been imposed under section 26 of that Act;

• (b) in the case of other charges, to have been imposed under paragraph 20 of Schedule 3.

Debts owed by harbour authorities to Secretary of State

15

This Act does not affect any liability of a harbour authority in respect of a debt owed by them to the Secretary of State by virtue of section 41 of the Docks and Harbours Act 1966 (power to transfer part of commencing capital debt and other debts by harbour revision order or harbour reorganisation scheme) or by virtue of any local Act.

Instruments issued by the British Transport Docks Board

16

Nothing in this Act affects the operation of paragraph 5 of Schedule 1 to the Transport Act 1962 as respects any document issued before the appointed day and purporting to be an instrument issued by the British Transport Docks Board.

Local and private enactments

17

This Act does not affect the operation of local or private enactments relating to Associated British Ports or any of its harbours, except where—

• (a) express provision is made to that effect; or

• (b) an amendment or repeal is made of a provision of a public general Act which is incorporated with or applied by such an enactment.

SCHEDULE 5

Part I — Further Provisions Relating to the Dissolution of the National Ports Council

Duty of Council to facilitate the carrying into effect of section 15 and this Schedule

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Final accounts of the Council

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disposal of confidential documents belonging to the Council

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Continuance of Council until residual functions completed to Secretary of State’s satisfaction

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Modification of agreements and documents

5

• (1) Every agreement, other than a contract of employment, to which the Council are a party immediately before the appointed day, whether in writing or not and whether or not of such a nature that rights and liabilities thereunder could be assigned by the Council, has effect as from that date as if—

• (a) the Secretary of State had been a party to the agreement; and

• (b) for any reference to the Council there were substituted, as respects anything falling to be done on or after the appointed day, a reference to the Secretary of State.

• (2) Other documents, not being enactments, which refer to the Council shall be construed in accordance with sub-paragraph (1) so far as applicable.

Legal remedies and pending proceedings

6

• (1) Where any right, liability or obligation is transferred to the Secretary of State by virtue of section 15(1)(b) or paragraph 4(2)(b), he and all other persons have the same rights, powers and remedies (and, in particular, the same rights as to the taking or resisting of legal proceedings) for ascertaining, perfecting or enforcing that right, liability or obligation as they would have had if it had at all times been a right, liability or obligation of the Secretary of State.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Compensation for loss of office

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Compensation for loss of employment

8

• (1) The Council shall, if they have not done so before the passing of this Act, make a scheme (referred to in this paragraph as the “compensation scheme”) for the payment of compensation, whether by way of a lump sum or periodic payments or by a combination of those methods, to or in respect of persons employed by them who suffer loss of employment which is properly attributable to the winding up of the Council.

• (2) The compensation scheme must—

• (a) provide for the payment of compensation to be at the discretion of the Council; and

• (b) include provision for an appeal body to determine questions arising.

• (3) For the avoidance of doubt, it is declared that the expenses of the Council in making payments under the compensation scheme are administrative expenses of the Council within section 4 of the Harbours Act 1964 (under which such expenses may be funded by charges imposed on harbour authorities); and that the Council’s borrowing powers under section 5 of that Act are exercisable for the purpose of making such payments.

• (4) As from the appointed day—

• (a) the administration of the compensation scheme is the responsibility of the Secretary of State, subject to any direction under sub-paragraph (5); and

• (b) the expenses of administering the scheme and of making payments under it shall be defrayed by the Secretary of State.

• (5) The Secretary of State may direct that the compensation scheme be administered by such person as may be specified in the direction; and a direction under this sub-paragraph may be revoked or varied by the Secretary of State by a further direction under this sub-paragraph.

• (6) The Secretary of State may make such amendments to the compensation scheme as appear to him necessary or expedient in consequence of the winding up of the Council or of the transfer of the administration of the scheme under or by virtue of this paragraph.

Pensions

9

• (1) In this paragraph—

• (a) “the pension scheme” means the National Ports Council Pension Scheme;

• (b) “the pension fund” means any assets held on trust for the purposes of the pension scheme; and

• (c) “pension rights” includes all forms of right to or eligibility for the present or future payment of a pension, gratuity or other like payment.

• (2) Subject to any direction under sub-paragraph (3), the administration of the pension scheme is the responsibility of the Secretary of State as from the appointed day and on that day the pension fund shall vest in him to be held by him for the purposes of the scheme on the same trusts as subsisted immediately before that day.

• (3) The Secretary of State may direct—

• (a) that the pension scheme be administered by, and the pension fund vest in, such person as may be specified in the direction;

• (b) that the payment of any pension payable otherwise than under the pension scheme to a former member of the Council be the responsibility of such person as may be specified in the direction;

and a direction under this sub-paragraph may be revoked or varied by the Secretary of State by a further direction under this sub-paragraph.

• (4) The Secretary of State may make such amendments to the pension scheme as appear to him necessary or expedient in consequence of the winding up of the Council or of the transfer of the administration of the scheme under or by virtue of this paragraph; but no such amendment shall prejudice any pension rights existing under the scheme immediately before the amendment takes effect.

• (5) There shall be defrayed by the Secretary of State—

• (a) any expenses incurred on or after the appointed day in administering or making payments under the pension scheme, so far as those expenses cannot be met from the pension fund; and

• (b) any expenses incurred on or after that day in administering or paying any such pension as is mentioned in sub-paragraph (3)(b).

Transfer to the Secretary of State of certain of the Council’s former functions

10

• (1) In section 30(4) of the Harbours Act 1964 (duty of authority to supply copy of list of charges) for “the Council” there is substituted as from the appointed day “the Secretary of State”.

• (2) In section 31 of the Harbours Act 1964 (right of objection to certain charges) as from the appointed day—

• (a) for “the Council”, wherever occurring, there is substituted “ the Secretary of State ”, and where necessary in consequence of that substitution for pronouns and verbs in the plural there are substituted corresponding pronouns and verbs in the singular; and

• (b) in subsection (13) the words from “and in relation” to the end are repealed.

• (3) Sections 30(4) and 31 of the Harbours Act 1964, and any enactment applying in relation to inquiries under the said section 31, have effect as from the appointed day as if anything previously done by or in relation to the Council (including any direction given by the Council and in force immediately before that day) had been done by or in relation to the Secretary of State.

Information for the Secretary of State

11

In section 41 of the Harbours Act 1964 (power to obtain information and forecasts), and in section 2 of the Harbours (Loans) Act 1972 (which extends that power), as from the appointed day—

• (a) for “the Council”, wherever occurring, there is substituted “the Secretary of State”; and

• (b) for “their functions”, wherever occurring, there is substituted “his functions”;

and any notice served by the Council under the said section 41 and not complied with before the appointed day has effect on and after that day as if it had been served by the Secretary of State and as if the information or forecasts required by it were required to be furnished to him.

Pending proceedings for harbour reorganisation scheme

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Saving for proceedings under Part I of the Docks and Harbours Act 1966

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual amendments to facilitate repeals

14

• (1) The following amendments (which do not alter the effect but facilitate express repeals in passages referring to the Council) have effect as from the appointed day.

• (2) In section 17(1)(a), (b) and (g) of the Harbours Act 1964 and in Parts I, II, and VII of Schedule 3 to that Act for “the Minister”, wherever occurring, there is substituted “ the Secretary of State ”.

• (3) In section 17(1) of the Harbours Act 1964, at the end of the paragraphs there is inserted—

and the said Parts I, II and VII shall have effect with respect to the procedure for the making of orders by the Minister of Agriculture, Fisheries and Food with the substitution, except in paragraph 6(2), of references to him for references to Secretary of State.

• (4) In paragraph 4(5) and paragraph 8(4) of Schedule 3 to the Harbours Act 1964, and in paragraph 3(6) of Schedule 4 to that Act, for the opening words down to “reported on and” (which require the Secretary of State, before making an order or confirming a scheme, to consider a report of the Council and the documents reported on) there is in each case substituted—

After considering the objections (if any) made and not withdrawn, and the reports of any person who held an inquiry and any person appointed for the purpose of hearing an objector, the Secretary of State

.

• (5) In pararaph 2(d) of Schedule 4 to the Harbours Act 1964 for such a local lighthouse authority as aforesaid there is substituted “ a local lighthouse authority who are not a harbour authority, ” and for the like documents as would be required to be served in compliance with sub-paragraph (c) above had the scheme been submitted by the Council there is substituted “ a copy of the scheme, together, (if copies of a map or maps wre deposited with it) with a copy of that map, or copies of those maps were deposited with it) with a copy of that map, or copies of those maps, and, in any event, with a notice stating that the scheme has been submitted to the Secretary of State and that, if the authority served desire to make to the Secretary of State objection to the scheme, they should do so in writing (stating the grounds of their objection) before the expiration of the period of forty-two days from the date on which the notice is served on them ”.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to adjust local enactments

15

• (1) If it appears to the Secretary of State that the operation of section 15(1)(a) or of any of the preceding paragraphs of this Schedule in relation to any enactment of local application (including any provision of a public general Act as applied by such an enactment) is uncertain or produces a result which is anomalous or confusing, he may by order direct that the enactment shall have effect as may be specified in the order, or not have effect, as may appear to him requisite in consequence of section 15 and this Schedule.

• (2) An order under this paragraph shall have effect from such date as may be specified in the order, which may be a date before the making of the order but not earlier than the appointed day.

• (3) An order under this paragraph shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Part II — Further Provisions With Respect to Charging Schemes

Preliminary

16

In the following provisions of this Schedule “charging scheme” and “harbour authority” have the same meaning as in section 17.

Procedure for making charging scheme

17

• (1) Before he makes a charging scheme the Secretary of State shall publish in such manner as he thinks fit a notice—

• (a) stating that he proposes to make the scheme;

• (b) specifying a place where copies of the draft scheme may be obtained free of charge by harbour authorities affected by the scheme; and

• (c) stating that a harbour authority who desire to make to the Secretary of State objections to the scheme should do so in writing before the expiration of such period from the date of publication of the notice (not being less than 42 days) as may be specified in the notice,

and shall send a copy of the scheme to each harbour authority known to him whom he believes to be affected by the scheme.

• (2) The Secretary of State shall consider any objections duly made to him with respect to the draft scheme and may, if he thinks fit to do so, make the scheme either without modification or with such modifications as he thinks fit (but not including any that in any way increase the charges proposed in the draft scheme).

• (3) A charging scheme shall come into operation on such date as may be specified in the scheme.

Supplementary and incidental provisions

18

A charging scheme may include such supplementary and incidental provisions as appear to the Secretary of State to be necessary or expedient.

Information

19

• (1) Without prejudice to the generality of paragraph 18, a charging scheme may provide for requiring a harbour authority to whom the scheme relates to furnish to the Secretary of State, and if so required to verify, such information as he may require for the purposes of the scheme, being information relating to—

• (a) any harbour (within the meaning of the Harbours Act 1964) which that harbour authority are engaged in improving, maintaining or managing; or

• (b) any activities carried on by them at such a harbour; or

• (c) any property used by them for the purpose of such a harbour,

and may provide that failure to comply with any such requirement is an offence punishable on summary conviction with a fine not exceeding such sum (not greater than £500) as may be specified in the scheme.

• (2) No person shall disclose any information furnished to him in pursuance of a requirement imposed under sub-paragraph (1) except—

• (a) with the consent of the person by whom it was furnished; or

• (b) in the form of a summary of information so framed as not to enable particulars relating to the businesses of individual persons to be ascertained from it; or

• (c) for the purpose of enabling the Secretary of State to discharge his functions under this Part; or

• (d) for the purposes of any legal proceedings.

• (3) It is an offence for a person—

• (a) to make in response to a requirement imposed under sub-paragraph (1) a statement which is false in a material particular and which he knows to be so false;

• (b) to disclose any information in contravention of sub-paragraph (2).

• (4) An offence under sub-paragraph (3) is punishable—

• (a) on summary conviction with imprisonment for a term not exceeding six months, or a fine not exceeding the prescribed sum (within the meaning of section 32 of the Magistrates’ Courts Act 1980 or section 289B of the Criminal Procedure (Scotland) Act 1975), or both;

• (b) on conviction on indictment, with imprisonment for a term not exceeding two years, or a fine, or both.

Repayments and avoidance of over-payments

20

If it appears to the Secretary of State that the contributions paid or to be paid under charging schemes made by him exceed or are likely to exceed the amount necessary for the purpose mentioned in section 16(1), he shall by order made by statutory instrument make such provision as appears to him necessary or expedient for—

• (a) terminating or reducing liabilities imposed by virtue of those schemes; or

• (b) entitling authorities who have paid contributions imposed by virtue of those schemes to repayment of such proportion of those charges as may be determined by the Secretary of State;

and such an order may contain such supplementary and incidental provisions as appear to the Secretary of State to be necessary or expedient, including provision for modifying so much of any of those schemes as relates to the manner of payment of contributions payable under the scheme.

SCHEDULE 6

Abolition of power to make certain grants for harbour works, etc.

1

Section 12 (power to give assistance to harbour authorities by way of grant for harbour works, etc.) is repealed.

Consolidation, etc. of local enactments by harbour revision orders

2

In section 14 (harbour revision orders) after subsection (2) there is inserted—

(2A) The objects for achieving all or any of which a harbour revision order may bemade in relation to a harbour include being repealed superseded, obsolete or otherwise unnecessary statutory provisions of local application of affecting the harbour, or consolidating any statutory provisions of local application affecting the harbour ; and subsection (2)(b) of this section does not apply to anorder in so far as it is made for objects mentioned in this subsection.

.

Ancillary provisions in harbour revision and empowerment orders and harbour reorganisation schemes

3

In section 14(3), 16(6) and 18(2)(i) (ancillary provisions which may be included in a harbour revision or empowerment order or in a harbour reorganisation scheme) for consequential or incidental there is substituted “ supplementary, consequential or incidental ”.

Harbour revision and empowerment orders not subject to special parliamentary procedure in certain cases

4

• (1) Sections 14(6) and 16(8) (which make all harbour revision and empowerment orders subject to special parliamentary procedure) are repealed; but Schedule 3 is amended as follows.

• (2) In Part I of that Schedule (procedure for making orders on application to the Secretary of State), after paragraph 4 there is inserted—

(4A) (1) The provisions of this paragraph have effect where the Secretary of State makes— (a) a harbour revision order relating to a harbour in England or Wales; or (b) a harbour empowerment order relating to a harbour or to works to be carried out in England or Wales, and, in either case, the order is opposed. (2) For the purposes of this paragraph an order is opposed if— (a) an objection to the application for the order has been duly made and not withdrawn, not being an objection which the Secretary of State is entitled to disregard for the purposes of paragraph 4 above or which in his opinion is frivolous or trivial; or (b) a comment in writing on proposed modifications to the order applied for has been duly made to the Secretary of State and not withdrawn, which in his opinion would have been duly raised in connection with a provision of the original draft order have amounted to such an objection as is mentioned in paragraph (a) above; and references in this paragraph to a person opposing the order shall be construed accordingly. (3) The Secretary of State shall give notice of the making of the order and its effect to each person opposing the order and the order shall, subject to sub-paragraph (4) below, become operative on the expiration of 28 days from the date of the notice given (or last given) under this sub-paragraph or on such later date as the Secretary of State may appoint. (4) If within 28 days after the date of a notice given to him under sub-paragraph (3) above a person gives notice to the Secretary of State that he maintains his opposition to the order, and his opposition is not withdrawn within that period, the order shall be subject to special parliamentary procedure. (4B) A harbour revision order relating to a harbour in Scotland and a harbour empowerment order relating to a harbour or to works to be carried out in Scotland shall in every case be subject to special parliamentary procedure.

.

• (3) In paragraph 5 (duties of applicant after making of order), at the end of sub-paragraph (a) (duty to publish notices) there is inserted “ and further stating, in the case of anorder to which paragraph 4B above does not apply, whether the order is affected by the provisions of paragraph 4A above and, where it is not so affected, the date on which it came or will come into operation ”.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) The preceding provisions of this paragraph do not apply to a harbour revision or empowerment order in relation to which the notices required by paragraph 3(a) or 7(a) of Schedule 3 have been published before this paragraph comes into force.

Power to reduce Ministerial appointments to harbour authorities

5

• (1) The following section is inserted after section 15—

(15A) (1) — Each of the Ministers may, subject to subsection (2) of this section, by order vary the constitution of a harbour authority so far as it provides for the appointment by him of any member or members of the authority— (a) so as to abolish the power of appointment (except where the power is to appoint the chairman of the authority); or (b) so as to provide for the power of appointment to be exercised by such other person or persons as may be specified in the order. (2) No order under this section may be made by the Secretary of State with respect to the constitution of a harbour authority if under the constitution all the members of the authority, apart from theex officio and co-opted members, are appointed by him. (3) An order under this section— (a) may relate to more than one harbour authority; and (b) may contain such supplementary, incidental and consequential provisions as appear to the Minister making the order to be necessary or expedient; and where the constitution of a harbour authority provides for the appointment by the Minister making the order of more than one member, an order under this section may make different provision for each member falling to be so appointed amd may make provision for some only of those members. (4) A Minister proposing to make an order under this section shall before doing so consult the harbour authority concerned and other such persons affected, or bodies representative of such persons, as he thinks fit. (5) In this section “the Ministers” means the Secretary of State and the Minister of Agriculture, Fisheries and Food.

.

• (2) In section 44 (which provides for a statutory application for review of certain orders within a six week time limit)—

• (a) in subsection (1) after “of that Act)” there is inserted “ or an order under section 15A of this Act, ”; and

• (b) in subsection (3) after “empowerment order” there is inserted “ , or an order under section 15A of this Act, ”.

• (3) In section 54(2) (which provides for negative resolution procedure for certain orders) after “9(1),” there is inserted “ 15A, ”.

Secretary of State’s power to make harbour reorganisation schemes of his own motion

6

• (1) In section 18 (harbour reorganisation schemes) the following subsection is inserted after subsection (1) (submission of scheme to Secretary of State by relevant authorities)—

(1A) If the Secretary of State is of opinion that, with a view to securing the efficient and economical development of any such group of harbours as is mentioned in subsection (1) of this section, a harbour reorganisation scheme ought to be made providing for all or any of thematters for which provision may be made for such a scheme, he may by order make a harbour reorganisation scheme providing for those matters.

.

• (2) For subsection (4) of section 18 (which introduces Schedule 4 and provides for special parliamentary procedure) there is substituted—

(4) The provisions of Schedule 4 to this Act shall have effect as follows with respect to the procedure for confirming and making harbour reorganisation schemes— (a) Part I of that Schedule shall have effect with respect to the procedure for confirming schemes submitted to the Secretary of State; (b) Part I of that Schedule shall, subject to the modifications specified in Part II thereof, have effect with respect to the procedure for the making of schemes by the Secretary of State of his own motion; and a harbour reorganisation sheme as confirmed or made by the Secretary of State shall be subject to special parliamentary procedure.

.

• (3) In subsections (5) and (6) of section 18 (restrictions on orders containing certain provisions) after “confirm” there is inserted “ or make ”.

• (4) In section 44 (statutory application for review of orders within six week time limit), in subsection (4) which extends the foregoing provisions of the section to harbour reorganisation schemes)—

• (a) after “confirmed”, where first occurring, there is inserted “ or made ”; and

• (b) after “with the substitution” there is inserted “ , in relation to a harbour reorganisation scheme confirmed by the Secretary of State, ”.

• (5) In section 47(3) (inquiries into schemes relating to Scotland) after “confirmation” there is inserted “ or making ”.

• (6) For the heading before paragraph 1 of Schedule 4 there is substituted—

PROCEDURE FOR CONFIRMING AND MAKING HARBOUR REORGANISATION SCHEMES

.

• (7) After paragraph 4 of Schedule 4 there is inserted—

(5) References to confirming a scheme shall be construed as references to making a scheme. (6) Paragraph 1 shall be omitted. (7) In paragraph 2— (a) for the opening words down to “proceed there shall be substituted “Where the Secretary of State proposes to make, of his own motion, a harbour reorganisation scheme; (b) for the words “has been submitted to wherever occurring there shall be substituted the words “is proposed to be made by and in sub-paragraph (d) the words “and are not parties to the submission of the scheme shall be omitted; (c) for any reference in sub-paragraph (a), (b) or (d) to a map deposited with a scheme there shall be substituted a reference to a map to be annexed to the scheme. (8) In paragraph 3— (a) in sub-paragraph (1) for the words “submitted to there shall be substituted the words “proposed to be made by”; (b) in sub-paragraph (7) for the words “as submitted to him” there shall be substituted the words “as served under paragraph 2(d) above on the authorities there mentioned, and there shall be omitted the words “that submitted the scheme to him” and the words “that submitted the scheme”. (9) In paragraph 4 for the words “submitted to” there shall be substituted the words “proposed to be made by”.

.

• (8) In section 42(2) of the Docks and Harbours Act 1966 (further provision as to harbour reorganisation schemes)—

• (a) for “submission and confirmation there is substituted “ confirmation and making ”; and

• (b) in paragraph (b), for the words from “a submission to “in relation to there is substituted “ the submission to the Secretary of State of a harbour reorganisation scheme and to a proposal by the Secretary of State to make such a scheme of his own motion as it applies in relation to the making of ”.

Abolition of power to make control of movement orders

7

Sections 20 to 25 and Schedule 5 (control of movement orders) are repealed.

Ship, passenger and goods dues and other charges

8

• (1) After section 27 there is inserted—

(27A) (1) Where a harbour authority have power, whether by virtue of section 26 of this Act or any other statutory provision— (a) to levy ship, passenger and goods dues or equivalent dues; and (b) to make other charges, the authority may, subject to the next following subsection, make a combined charge, that is to say, a single charge referable in part to matters for which ship, passenger and goods dues or equivalent dues may be levied and in part to matters for which other charges may be made. (2) A harbour authority may not make a combined charge in any case where— (a) the person who would be liable to pay the charge objects to paying a combined charge; or (b) a number of persons would be jointly and severally liable to pay the charge and any of them objects to paying a combined charge; but without prejudice to the power of the authority to make separate charges in such a case. (3) A person may not object under subsection (2) above to the payment of a combined charge previously incurred or incurred in pursuance of a prior agreement between that person and the harbour authority. (4) In this section “equivalent dues” means dues exigible in respect of things other than ships for entering, using or leaving a harbour, including charges for marking or lighting the harbour.

.

• (2) In section 30 (duties with respect to keeping of lists of charges, etc.) after subsection (4) there is inserted—

(5) Subsection (1) of this section does not apply to combined charges within the meaning of section 27A of this Act. (6) References in this section to the dues or charges exigible by an authority or Board are references to the amount exigible where no composition agreement applies and no specially agreed rebate is allowed.

.

• (3) In section 31 (right of objection to ship, passenger and goods dues), at the end of subsection (1) (charges to which the section applies) there is inserted “ other than combined charges within the meaning of section 27A of this ACt ; and references in this section to the rate at which any such charge is imposed are to the amount where no composition agreement applies and no specially agreed rebate is allowed ”.

Abolition of power to revise certain charges

9

• (1) Sections 32 to 34 (powers of Ministers to revise ship, passenger and goods dues) are repealed.

• (2) Section 35 (local light dues) is repealed so far as it applies sections 32 and 34.

Accounts and reports relating to harbour activities and associated activities

10

For section 42 (accounts relating to harbour undertakings) there is substituted—

(42) (1) It shall be the duty of every statutory harbour undertaker to prepare an annual statement of accounts relating to the harbour activities and to any associated activities carried on by him. (2) Where a statutory harbour undertaker is a holding company with subsidiaries which carry on harbour activities or any associated activities, then, without prejudice to the company’s duty under subsection (1) above, it shall be the duty of the company to prepare an annual statement of accounts relating to the harbour activities and associated activities carried on by it and its subsidiaries. (3) The requirements of subsection (1) or subsection (2) above are not satisfied by the preparation of a statement of accounts which relates to other matters in addition to harbour activites and associated activities. (4) Where provision is made for the auditing of accounts prepared by any person otherwise than under this section which relate to harbour activities carried on by him (whether or not they relate to other matters) that provision shall apply also to any statement prepared by him under this section. (5) It shall be the duty of any person by whom a statement of accounts is prepared in accordance with this section — (a) to send to the Secretary of State a copy of the statement together with a copy of the auditor’s report on it; and (b) to prepare and send to the Secretary of State a report on the state of affairs disclosed by the statement. (6) Subject to any regulations made under the next following subsection, the provisions of the Companies Acts 1948 to 1980 as to the form and contents of accounts and reports required to be prepared under those Acts shall apply to accounts and reports required to be prepared under this section, as follows— (a) the provisions relating to company accounts shall apply to statements prepared in accordance with subsection (1) above; (b) the provisions relating to group accounts shall apply to statements prepared in accordance with subsection (2) above; and (c) the provisions relating to the directors’ report required to be attached to a company’s balance sheet shall apply to reports prepared in accordance with subsection (5)(b) above. (7) The Secretary of State may make provision by regulations with respect to the form and contents of accounts and reports prepared under this section— (a) prescribing cases in which the provisions of the Companies Acts 1948 to 1980 referred to in subsection (6) above are not to apply; (b) modifying those provisions; (c) prescribing requirements additional to those imposed by those provisions. (8) Where a statutory harbour undertaker is obliged by a statutory provision of local application to prepare accounts, then, so far as those accounts relate to harbour activities or associated activities, any requirements of the statutory provision of local application as to the form and contents of the accounts shall be treated as satisfied by the preparation of accounts in the same manner that is required for a statement under this section. (9) In this section— “associated activities”, in relation to any harbour activities meeans such activities as may be prescribed in relation to those activities by regulations made by the Secretary of State; “harbour activities” means activities involved in carrying on a statutory harbour undertaking or in carrying out harbour operations; “holding company” and “subsidiary” have the meaning given by section 154 of the Companies Act 1948; “statutory harbour undertaking” means an undertaking or part of an undertaking, whose activities consist wholly or mainly of the improvement, maintenance or management of a harbour in the exercise and performance of statutory powers and duties, and “statutory harbour undertaker shall be construed accordingly. (10) Regulations under subsection (7) or (9) above may be made so as to apply to all undertakers, to a class of undertakers or to a particular undertaker. (11) This section does not apply to— (a) the Boards; (b) a statutory harbour undertaker the activities of whose undertaking consist wholly or mainly in the improvement, maintenance or management of a fishery harbour or marine work; (c) a statutory harbour undertaker of a class exempted from this section by regulations made by the Secretary of State.

.

Inquiries

11

• (1) In section 47(1) (which as amended by section 272(2) of the Local Government Act 1972 applies certain provisions of section 250 of that Act to inquiries and hearings under the Harbour Act 1964), paragraph (a)(i) and the words “(i) and (which are ineffective as a result of that amendment) are repealed.

• (2) In section 47(3) (power to direct that inquiries in Scotland be held by Commissioners under the Private Legislation Procedure (Scotland) Act 1936) for “or paragraph 3(3) of Schedule 4 there is substituted “ or paragraph 3(5) of Schedule 4 ”.

Abolition of preliminary consideration of application for harbour revision or empowerment order

12

Paragraph 2 of Schedule 3 (Secretary of State’s preliminary consideration of applications for harbour revision or empowerment orders) is repealed; and accordingly in paragraph 3 of that Schedule—

• (a) for the words from the beginning to “allowed to proceed there is substituted “ Where an application for a harbour revision order has been duly made to the Secretary of State ”;

• (b) for “further steps there is substituted “ any steps (otherwise than under this paragraph) ”; and

• (c) in paragraph (d) for “be contemporaneously there is substituted “ and within such time as may be so specified, be ”.

Penalties for offences

13

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) In section 31(8) (failure by authority to comply with direction) for “£100 there is substituted “ £500 ”.

• (3) In section 41(3) (failure to comply with notice to furnish information or forecasts) for the words from “£50 to the end there is substituted “ £500 ”.

• (4) The amendments made by this paragraph do not apply in relation to offences committed before this paragraph comes into force.

14

• (1) Section 14(3) and 16(6) (penalties which may be provided for by harbour revision or empowerment orders or harbour reorganisation schemes) are amended as follows—

• (2) In paragraph (a) (penalties on summary conviction), for “the infliction on him of a fine exceeding £100 there is substituted—

— (i) in the case of an offence triable either summarily or on indictment, the infliction on him of a fine exceeding the prescribed sum with the meaning of section 32 of the Magistrates’Courts Act 1980 or section 289B of the Criminal Procedure (Scotland) Act 1975; (ii) in the case of an offence triable only summarily, the infliction on him of a fine exceeding £500 or, in the case of a continuing offence, a daily fine exceeding £50 for each day on which the offence continues after conviction;

.

• (3) In paragraph (b) (penalties on conviction on indictment) for the words from “imprisonment to the end there is substituted “ a penalty other than a fine ”.

15

• (1) In sections 45(i) and 46(2)(a) (penalties on summary conviction for, respectively, furnishing false information and improperly disclosing information or forecasts) for “three months there is substituted “ six months ”.

• (2) The amendments made by this paragraph do not apply in relation to offences committed before this paragraph comes into force.

SCHEDULE 7

PART I — Offences where Disqualification Obligatory except for Special Reasons

PART II — Offences where Disqualification Discretionary

Note: The descriptions of offences under A and B above indicate only their general nature.

SCHEDULE 8

SCHEDULE 9

Part I — . . .

1

In section 13 for " 9 " there is substituted " 8 ".

2

Sections 93(3) and (5) are omitted.

3

In section 93(4) for " 9(3)" there is substituted " 8(7) ".

4

In section 93(7) after the words " under the foregoing provisions of this section " there are inserted the words " or under section 19 of the Transport Act 1981 ".

5

In section 94(1) for the words " section 93(1) or (3) of this Act" there are substituted the words " section 93 of this Act or section 19 of the Transport Act 1981 ".

6

In section 101(1) for the words from " the court shall order " to the end there are substituted the words " the court shall order that there shall be endorsed on any licence held by him particulars of the conviction and, if the court orders him to be disqualified, particulars of the disqualification, and, if the court does not order him to be disqualified, the particulars and penalty points required by section 19(1) of the Transport Act 1981 ; and the endorsement may be produced as prima facie evidence of the matters endorsed. ".

7

In section 101(2) for the words from " need not" to " as aforesaid " there are substituted the words " need not make an order under subsection (1) above ".

8

In section 101(3) for the words from the beginning to " by him " there are substituted the words " An order that any particulars or penalty points are to be endorsed on any licence held by the convicted person " and at the end there are added the words " or penalty points ".

9

In section 101(4A) at the end there are added the words " and any penalty points endorsed on it which are to be taken into account under section 19(3) of the Transport Act 1981 ".

10

In section 101(5) after the word " particulars", in both places, there are added the words " or penalty points ".

11

In section 101(6) after the word " particulars ", in the first and second places where it occurs, there are added the words " or penalty points ".

12

For section 101(7) there are substituted the following subsections : —

(7) A person whose licence has been ordered to be endorsed (whether under this section or a previous enactment) shall be entitled to have a new licence issued to him free from the endorsement if, after the end of the period for which the endorsement remains effective, he applies for a new licence in pursuance of subsection (1) of section 88 of this Act, surrenders any subsisting licence, pays the prescribed fee and satisfies the other requirements of mat subsection. (7A) An endorsement ordered on a person's conviction of an offence remains effective— (a) if an order is made for the disqualification of the offender, until four years have elapsed since the conviction ; and (b) if no such order is made, until either four years have elapsed since the commission of the offence or such an order is made; but if the offence was one under section 1 or 2 of this Act the endorsement remains in any case effective until four years have elapsed since the conviction, and if it was one under section 5(1) or 6(1)(a) of this Act or was one under section 8(7) of this Act involving obligatory disqualification, the endorsement remains effective until eleven years have elapsed since the conviction.

.

13

The words " or section 19 of the Transport Act 1981 " are inserted—

• (a) at the end of section 102(1);

• (b) in section 103(1) after the words " section 93 of this Act" ;

• (c) in section 103(3) after the words " section 93 of this Act" ;and

• (d) in section 105(1) after the words " section 93 or 101 of this Act".

14

For section 105(2) there is substituted the following:

(2) Where a court orders the endorsement of any licence held by a person it may, and if the court orders him to be disqualified it shall, send the licence, on its being produced to the court, to the Secretary of State ; and if the court orders the endorsement but does not send the licence to the Secretary of State it shall send him notice of the endorsement.

.

15

In section 182(2A)—

• (a) in paragraph (b), after the words " any such offence " there are inserted the words " or any order made on the conviction ";

• (b) in paragraph (c) and in the words following paragraph (d), after the words " the previous conviction " there are inserted the words " or order ".

16

In section 188(6) for the words from " motor cycles whereof " to "cubic centimetres" there are substituted the words "certain motor cycles

17

In subsection (1) of section 189 (application of sections 6 to 11 to persons subject to service discipline)—

• (a) in paragraph (f) for " section 8(1)" there is substituted " section 7(1) ";

• (b) paragraph (g) is omitted ; and

• (c) in paragraph (h) for "subsection (4) " there is substituted " subsection (7) ".

18

In section 199 (exercise of regulation making powers etc.)—

• (a) in subsection (2) the words " 12(1) or" are omitted ;

• (b) in subsection (3) for "12(1)" there is substituted " 8(9), 12(2), 33A "; and

• (c) in subsection (4) for " 12(1) " there is substituted " 8(9), 12(2) or 33A ".

19

In Part I of Schedule 4 (prosecution and punishment of offences under 1972 Act) for the words in columns 1 and 2 of the entries relating to section 6(1) and 6(2) there are substituted the words :

6(1)(a)	Driving or attempting to drive with excess alcohol in breath, blood or urine.

and

6(1)(b)	Being in charge of a motor vehicle with excess alcohol in breath, blood or urine.

20

In Part I of Schedule 4, in the first coloumn of the entry relating to section 8(3), for " 8(3)" there is substituted " 7(4) " and in the fifth and sixth columns of the entry there are inserted respectively " Discretionary " and " Obligatory ".

21

In Part I of Schedule 4, in the entry relating to section 9(3), the following is substituted for the words in columns 1 to 5 : —

8(7)	Failing to provide specimen for analysis or laboratory test.	Summarily	Where the specimen was required to ascertain ability to drive or proportion of alcohol at the time offender was driving or attempting to drive, six months or £1,000 or both. In any other case three months or £500 or both.	Obligatory in case mentioned in paragraph (a) of column 4. Discretionary in any other case.

22

In Part I of Schedule 4, in the fifth column of the entry relating to section 22, after the word " constable" there are inserted the words " or traffic warden ".

23

In Part V of Schedule 4, paragraph 1 is omitted.

24

In Schedule 10, in paragraph 5 for "9(3)" (in both places) there is substituted " 8(7) ".

Part II — . . .

25

The words “ or section 19 of the Transport Act 1981 ” are inserted after the words “the Road Traffic Act 1972 in subsections 1(b), (6) and (13).

SCHEDULE 10

Part I — Provision for England and Wales

1

In section 62(3) of the Highways Act (descriptions of works for which specific powers are given and in relation to which the general power in that section does not apply), the following paragraph is inserted after paragraph (f)—

(ff) the construction, maintenance and removal of road humps;

.

2

The following provisions are inserted after section 90 of the Highways Act 1980—

(90A) (1) A highway authority may construct road humps in a highway maintainable at the public expense for which they are the highway authority if— (a) the highway is subject to a statutory speed limit for motor vehicles of 30 miles per hour or less; or (b) the road humps are specially authorised by the Secretary of State, and may remove any road humps so constructed by them. (2) The consent of the Greater London Council is required for the construction of road humps under this section by a London borough council or the Common Council. (90B) (1) The Secretary of State may construct road humps in a highway maintainable at the public expense for which he is not the highway authority if— (a) the highway is subject to a statutory speed limit for motor vehicles of 30 miles per hour or less; or (b) the road humps are specially authorised by him, and may maintain and remove any road humps so constructed by him. (2) The consent of the local highway authority for the highway concerned is required for the construction of road humps under t his section and also, in the case of a highway in Greater London for which the Greater London Council are not the highway authority, the consent of that Council. (3) The Secretary of State and the local highway authority may enter into an agreement for the carrying out by the local highway authority of any works which the Secretary of State has power to carry out under this section. (4) Subject to subsection (5) below, the consent of the Secretary of State is required before the local highway authority or any other person having power to maintain the highway may remove or otherwise interfere with a road hump constructed under this section. (5) If the Secretary of State so directs with the consent of the local highway authority the loca highway authority shall have the same powers in relation to a road hump constructed under this section as they have in relation to a road hump constructed by them under section 90A above. (6) Where a road hump has been constructed under this section, the local highway authority and any other person having power to maintain the highway may reimburse the Secretary of State the whole or part of his expenses in relation to the road hump. (90C) (1) Where the Secretary of State or a local highway authority propose to construct a road hump under section 90A or 90B above, he or they shall consult with— (a) the chief officer of police for the area in which the highway concerned is situated; and (b) such other persons or bodies as may be prescribed by regulations made by the Secretary of State. (2) The Secretary of State or local highway authority shall also— (a) publish in one or more newspapers circulating in the area in which the highway concerned is situated; and (b) place at appropriate points on that highway, a notice of the proposal stating the nature, dimensions and location of the proposed road hump and the address to which and the perios within which any objections to the proposal may be sent. (3) The period stated in a notice under subsection (2) above shall be not less than 21 days beginning with the date on which the notice is first published in accordance with paragraph (a) of that subsection. (4) The Secretary of State or local highway authority shall consider any objections sent to him or them in accordance with a notice under subsection (2) above and amy, if he or they think fit, cause a local inquiry to be held. (5) Subsections (2) to (5) of section 250 of the Local Government Act 1972 (provisions as to inquiries) have effect in relation to an inquiry held under subsection (4) above as they have effect in relation to an inquiry held under that section, but with such modifications as may be prescribed by regulations made by the Secretary of State. (6) Before making regulations under this section the Secretary of State shall consult such representative organisations as he thinks fit. (90D) (1) The Secretary of State may by regulations make such provision in relation to the construction and maintenance of road humps as appears to him to be necessary or expedient in the interests of safety and the free movement of traffic, and may in particular— (a) provide that road humps shall be constructed only in highways of such descriptions and in such circumstances as may be prescribed by the regulations; (b) impose requirements as to— (i) the nature, dimensions, location and spacing of road humps; (ii) the placing of signs of such type or character as may be so prescribed; (iii) the carrying out and maintenance of other ancillary or consequential works. (2) Regulations under this section may make different provision for different cases, as for example for road humps and highways of different descriptions. (3) Before making any regulations under this section the Secretary of State shall consult with such representative organisations as he thinks fit. (4) Regulations under this section do not apply where a road hump is specially authorised by the Secretary of State, but conditions attached by him to the authorisation may, in particular, relate to any of the matters with respect to which regulations may be made under this section. (90E) (1) Where a road hump conforms to regulations under section 90D above and, in the case of a road hump in a highway maintainable at the public expense, the conditions mentioned in subsection (2) below are satisfied, the road hump shall not be treated as constituting an obstruction to the highway but as part of the highway, so that in particular— (a) the obligation of any person to maintain the highway; and (b) the obligation of any person having power to break open the highway to make good any damage or otherwise reinstate the highway. extend to maintaining or, as the case may be, making good any damage to or otherwise reinstating the road hump. (2) The further conditions applicable in the case of a road hump in a highway maintainable at the public expense are— (a) that the highway is for the time being subject to a statutory speed limit for motor vehicles of 30 miles per hour or less or the road hump is specially authorised by the Secretary of State; and (b) that the road hump was constructed under section 90A or 90B above or was constructed at a time when the highway was not maintainable at the public expense. (3) In relation to a road hump specially authorised by the Secretary of State the reference in subsection (1) above to conformity with regulations shall be construed as a reference to conformity with the conditions attached to the authorisation. (4) In so far as it does not apply apart from this subsection, Part II of the Public Utilities Street Works Act 1950 (code regulating relations between persons carrying out alterations to roads and statutory undertakers having apparatus in those roads) applies in relation to the construction, maintenance and removal of a road hump as if the works were executed for road purposes and were mentioned in section 21(1)(a) of that Act and as if the person executing them were the promoting authority within the meaning of that Part. (90F) (1) In this Act “road hump” means an artificial hump in or on the surface of the highway which is designed to control the speed of vehicles, and references to a road hump include references to any other works (including signs or lighting) required in connection with such a hump. (2) In sections 90A to 90E above— “motor vehicle” has the same meaning as in the Road Traffic Regulation Act 1967; and “statutory” means having effect by virtue of an enactment.

.

3

In section 329(1) of the Highways Act 1980 (interpretation) the following is inserted at the appropriate place—

Part II — Provision for Scotland

Construction of road humps by highway authority

4

A highway authority may construct road humps in a highway for which they are the highway authority if—

• (a) the highway is subject to a statutory speed limit for motor vehicles of 30 miles per hour or less; or

• (b) the road humps are especialy authorised by the Secretary of State,

and may remove any road humps so constructed by them.

Additional powers of the Secretary of State

5

• (1) The Secretary of State may, with the consent of the local highway authority for the highway concerned, construct road humps in a highway for which he is not the highway authority if—

• (a) the highway is subject to a statutory speed limit for motor vehicles of 30 miles per hour or less; or

• (b) the road humps are specially authorised by him,

and may maintain and remove any road humps so constructed by him.

• (2) The Secretary of State and the local highway authority may enter into an agreement for the carrying out by the local highway authority of any works which the Secretary of State has power to carry out under this paragraph.

• (3) Subject to sub-paragraph (4), the consent of the Secretary of State is required before the local highway authority may remove or otherwise interfere with a road hump constructed under this paragraph.

• (4) If the Secretary of State so directs with the consent of the local highway authority, the local highway authority shall have the same powers in relation to a road hump constructed under this paragraph as they have in relation to a road hump constructed by them under paragraph 4.

• (5) Where a road hump has been constructed under this paragraph, the local highway authority may reimburse the Secretary of State the whole or part of his expenses in relation to the road hump.

Consultation and local inquiries

6

• (1) Where the Secretary of State or a local highway authority propose to construct a road hump under paragraph 4 or 5, he or they shall consult with—

• (a) the chief officer of police for the area in which the highway concerned is situated; and

• (b) such other persons or bodies as may be prescribed by regulations made by the Secretary of State.

• (2) The Secretary of State or local highway authority shall also—

• (a) publish in one or more newspapers circulating in the area in which the highway concerned is situated; and

• (b) place at appropriate points on that highway,

a notice of the proposal stating the nature, dimensions and location of the proposed road hump and the address to which and the period within which any objections to the proposal may be sent.

• (3) The period stated in a notice under sub-paragraph (2) shall not be less than 21 days beginning with the date on which the notice is first published in accordance with paragraph (a) of that sub-paragraph.

• (4) The Secretary of State or local highway authority shall consider any objection sent to hiim or them in accordance with a notice under sub-paragraph (2) and may, if he or they think fit, cause a local inquiry to be held.

• (5) Subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 (provisions as to inquiries) have effect in relation to an inquiry held under sub-paragraph (4) as they have in effect in relation to an inquiry held under that section, but with such modifications as mey be prescribed by regulations made by the Secretary of State.

• (6) Before making regulations under this paragraph the Secretary of State shall consult such representative organisations as he thinks fit.

Regulations concerning construction and maintenance of road humps

7

• (1) The Secretary of State may by regulations make such provision in relation to the construction and maintenance of road humps as appears to him to be necessary or expedient in the interests of safety and the free movement of traffic, and may in particular—

• (a) provide that road humps shall be constructed only on highways of such descriptions and in such circumstances as may be prescribed by the regulations;

• (b) impose requirements as to—

• (i) the nature, dimensions, location and spacing of road humps;

• (ii) the placing of signs of such type or character as may be so prescribed;

• (iii) the carrying out and maintenance of other ancillary or consequential works.

• (2) Regulations under this paragraph may make different provision for different cases, as for example for road humps and highways of different descriptions.

• (3) Before making any regulations under this paragraph the Secretary of State shall consult with such representative organisations as he thinks fit.

• (4) Regulations under this paragraph do not apply where a road hump is specially authorised by the Secretary of State, but conditions attached by him to the authorisation may, in particular, relate to any of the matters with respect to which regulations may be made under this paragraph.

• (5) In this paragraph and in paragraph 8 and 9(1) below, and without prejudice to paragraph 9(2) below, the expression “highway” includes any road over which the public have a right of way.

Status of road humps

8

• (1) Where a road hump conforms to regulations under paragraph 7 and, in the case of a road hump constructed under paragraph 4 or 5 above, the condition mentioned in sub-paragraph (2) is satisfied, the road hump shall nit be treated as constituting an obstruction to the highway but as part of the highway, so that in particular—

• (a) the obligation of any person to maintain the highway; and

• (b) the obligation of any person having power to break open the highway to make good any damage or otherwise reinstate the highway;

extend to maintaining or, as the case may be, to making good any damage to or otherwise reinstating the raod hump.

• (2) The further condition applicable in the case of a road hump constructed under paragraph 4 or 5 above is that either—

• (a) the highway in question is for the time being subject to a statutory speed limit for motor vehicles of 30 miles per hour or less: or

• (b) the road hump is specially authorised by the Secretary of State.

• (3) In relation to a road hump specially authorised by the Secretary of State the reference in sub-paragraph (1) to conformity with regulations shall be construed as a reference to conformity with the conditions attached to the authorisation.

• (4) In so far as it does not apply apart from this sub-paragraph, Part II of the Public Utilities Street Works Act 1950 (code regulating relations between persons carrying out alterations to roads and statutory undertakers having apparatus in those roads) applies in relation to the construction, maintenance and removal of a road hump as if the works were executed for road purposes and were mentioned in section 21(1)(a) of that Act and as if the person executing them were the promoting authority within the meaning of that Part.

Interpretation and construction

9

• (1) In this Part—

“motor vehicle” has the same meaning as in the Road Traffic Regulation Act 1984;

“road hump” means an artificial hump in or on the surface of the highway which is designed to control the speed of vehicles, and references to a road hump include references to any other works (including signs or lighting) required in connection with such a hump;

“statutory” means having effect by virtue of an enactment.

• (2) This Part shall be construed as one with the Roads (Scotland) Act 1970.

SCHEDULE 11

PART I — Main Factors

PART II — Additional Factors

1

The equality or disparity of the weight transmitted through each of the two rear-most axles of the vehicle (or, if it is an articulated vehicle, of the drawing vehicle).

2

The number of axles on the laden trailer drawn by a rigid goods vehicle.

SCHEDULE 12

Part I — Repeals Consequential on Part II

Part II — Repeals Consequential on Part II

Part III — Repeals Consequential on Parts IV and V

Associated British Ports and its Holding Company.

19

33

Amendment of Schedules 7 and 8 to the Public Passengers Vehicles Act 1981.

Northern Ireland.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial notes

[^c858793]: Pt. I (ss. 1-4) repealed (31.3.1994) by 1993 c. 43, s. 152(3), Sch.14; S.I. 1994/571, art. 4.

[^c858796]: Pt. I (ss. 1-4) repealed (31.3.1994) by 1993 c. 43, s. 152(3), Sch.14; S.I. 1994/571, art. 4.

[^c858800]: Pt. I (ss. 1-4) repealed (31.3.1994) by 1993 c. 43, s. 152(3) Sch.14; S.I. 1994/571, art. 4.

[^c858802]: Pt. I (ss. 1-4) repealed (31.3.1994) by 1993 c. 43, s. 152(3), Sch.14; S.I. 1994/571, art. 4.

[^c858791]: Pt. I (ss. 1-4) repealed (31.3.1994) by 1993 c. 43, s. 152(3), Sch.14; S.I. 1994/571, art. 4.

[^c858803]: 1948 c. 38.

[^c858804]: Power of appointment conferred by s. 5(4) fully exercised: 31.12.1982 appointed for the purposes of s. 5 by S.I. 1982/1887, art. 2

[^c858805]: 1980 c. 22.

[^c858806]: 1948 c. 38.

[^c858807]: S. 8 restricted (30.12.2002) by S.I. 2002/3269, art. 8(d)

[^c858808]: S. 9 restricted (30.12.2002) by S.I. 2002/3269, art. 8(d)

[^c858809]: S. 9(1) excluded (30.12.2002) by S.I. 2002/3269, art. 8(d)

[^c858820]: Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46, (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G and (N.I.) S.I. 1984/703 (N.I. 3), art. 5

[^c858822]: 1964 c. 40.

[^c858824]: 1.10.1981 appointed under s. 15(1) by S.I. 1981/1364

[^c858825]: 1964 c. 40.

[^c858826]: 1964 c. 40.

[^c858827]: Power of appointment conferred by s. 18(3) fully exercised: 2.8.1983 appointed by S.I. 1983/930, art. 2

[^c858828]: Pt. IV (ss. 19–31) repealed by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), ss. 3, 5, Sch. 1 Pt. I, Sch. 4 paras. 1–3

[^c858829]: S. 32 repealed (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11

[^c858830]: Power of appointment conferred by s. 32(2) fully exercised (E.W.): 25.8.1983 appointed (E.W.) by S.I. 1983/1089, art. 2

[^c858831]: Ss. 33, 34 repealed by Finance Act 1982 (c. 39), s. 157, Sch. 22 Pt. II

[^c858845]: S. 35(1)(2) repealed (3.7.2000) by 1999 c. 29, s. 423, Sch. 34 Pt. V (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c). Sch. Pt. 3

[^c858847]: 1976 c. 57.

[^c858848]: 1847 c. 89.

[^c858849]: S. 35(3A) inserted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 para. 37 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3.

[^c858850]: Power of appointment conferred by s. 35(5) fully exercised: S.I. 1981/1331, 1982/310

[^c858851]: S. 36 repealed (15.7.1994) by 1993 c. 43, ss. 140(8), 152(3), Sch.14; S.I. 1994/1648, art. 2 (with saving in art. 3(2))

[^c858852]: The text of ss. 3(5), 35(1)(2), 37, 38, 39, Sch. 4 paras. 1(3), 6, Sch. 5 Pt. I para. 10(1)(2), Sch. 9 Pt. II para. 25, Sch. 12 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

[^c858853]: 1962 c. 46.

[^c858854]: The text of ss. 3(5), 35(1)(2), 37, 38, 39, Sch. 4 paras. 1(3), 6, Sch. 5 Pt. I para. 10(1)(2), Sch. 9 Pt. II para. 25, Sch. 12 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

[^c858855]: 1905 c. 11.

[^c858856]: 1923 c. 27

[^c858857]: The text of ss. 3(5), 35(1)(2), 37, 38, 39, Sch. 4 paras. 1(3), 6, Sch. 5 Pt. I para. 10(1)(2), Sch. 9 Pt. II para. 25, Sch. 12 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

[^c858858]: 1981 c. 14.

[^c858859]: 1968 c. 73.

[^c858860]: 1980 c. 34.

[^c858861]: 1975 c. 24.

[^c858862]: Power of appointment conferred by s. 40(4) partly exercised by S.I. 1981/1331, 1617, 1982/300, 310, 866, 1341, 1451, 1803, 1983/576, 930, 1089, 1988/1037, 1170

[^c858863]: 1923 c. 27.

[^c858864]: 1981 c. 14.

[^c858865]: 1923 c. 27.

[^c858866]: 1974 c. 28.

[^c858870]: Sch. 1 repealed (31.3.1994) by 1993 c. 43, s. 152(3), Sch.14; S.I. 1994/571, art. 4.

[^c858872]: Sch. 1 repealed (31.3.1994) by 1993 c. 43, s. 152(3), Sch.14; S.I. 1994/571, art. 4.

[^c858874]: Sch. 1 repealed (31.3.1994) by 1993 c. 43, s. 152(3), Sch.14; S.I. 1994/571, art. 4.

[^c858875]: Sch. 1 para. 4 repealed by Finance Act 1988 (c. 39, SIF 114), s. 148, Sch. 14 Part XI

[^c858876]: Sch. 1 repealed (31.3.1994) by 1993 c. 43, s. 152(3), Sch.14; S.I. 1994/571, art. 4.

[^c858877]: Sch. 1 repealed (31.3.1994) by 1993 c. 43, s. 152(3), Sch.14; S.I. 1994/571, art. 4.

[^c858881]: Sch. 1 repealed (31.3.1994) by 1993 c. 43, s. 152(3), Sch.14; S.I. 1994/571, art. 4.

[^c858882]: Sch. 1 repealed (31.3.1994) by 1993 c. 43, s. 152(3), Sch.14; S.I. 1994/571, art. 4.

[^c858867]: Sch. 1 repealed (31.3.1994) by 1993 c. 43, s. 152(3), Sch.14; S.I. 1994/571, art. 4.

[^c858884]: 1962 c. 46.

[^c858885]: 1964 c. 40.

[^c858886]: 1947 c. 49.

[^c858887]: 1936 c. 52.

[^c858888]: 1946 c. 49.

[^c858889]: 1946 c. 49.

[^c858890]: 1947 c. 42.

[^c858891]: 1964 c. 40.

[^c858892]: 1847 c. 27.