Article 3 Incorporation of the Commissioners Clauses Act 1847 and of the Harbours, Docks, Piers Clauses Act 1847
Sections 2, 3 and 60 of the Commissioners Clauses Act 1847f1 shall be incorporated with this Order subject to the modifications stated in paragraph (3).
Sections 1 to 4, 27, 29, 33, 35, 36, 52, 54, 57 and 61 to 65 of the 1847 Act are incorporated with this Order subject to the modifications stated in paragraphs (3) to (5). Notwithstanding section 10 of the Harbours Piers and Ferries (Scotland) Act 1937f2, the other provisions of the 1847 Act shall not apply to the harbour undertaking.
In constructing the provisions of the Commissioners Clauses Act 1847 and the 1847 Act as incorporated with this Order—
“the special Act” means this Order;
“the undertakers” means the Council and the expression “the harbour, dock or pier” shall mean “the harbour”; and
“vessel” has the meaning given by paragraph (1) of article 2 (interpretation).
Section 63 (penalty on vessels lying near the entrance of harbour or dock without permission) shall have effect subject to the modification that for the words from “be liable to” to the end of the section there are substituted the words “be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale”.
Section 65 (harbour master may remove vessel for purposes of repairing harbour or dock if the master neglects or refuses to do so) shall have effect subject to the omission of the words from “Provided always” to the end of the section.
Annotations
Footnotes
- f1
- f2