Paragraph 2 Transfer to the Company

(1)

The property, rights and liabilities transferred to the Company by this Scheme are–

(a)

the freehold land of the Port Authority the landward limit of which is delineated and shown edged red on Plan 1 and the riverside limit of which is–

(i)

in the case of the entrance to the Company’s docks, an imaginary line drawn across the lock entrance between Ordnance Survey National Grid Reference point TQ62574: 75500 and Ordnance Survey National Grid Reference point TQ62584: 75459;

(ii)

in the case of the Tilbury Docks Tidal Basin, an imaginary line drawn across the entrance to the basin between Ordnance Survey National Grid Reference points TQ63804: 75115 and TQ63975: 75112; and

(iii)

elsewhere, the level of mean high water from time to time between the two extreme points where the line of the landward limit so delineated and shown meets the level of mean high water from time to time; and

(b)

all the other property of the Port Authority (other than freehold land) comprised in that part of the Port Authority’s undertaking which consists in operating the port of Tilbury (with the exception of the property mentioned in sub-paragraph (2) below), and all rights and liabilities of the Port Authority so comprised; and

(c)

the freehold land of the Port Authority the landward limit of which is delineated and shown edged red on Plan 2 and the riverside limit of which is the level of mean high water from time to time between the two extreme points where the line of the landward limit so delineated and shown meets the level of mean high water from time to time; and

(d)

all the rights and liabilities of the Port Authority which relate to the operating of the port of Tilbury before the transfer date, with the exception of–

(i)

any liability of the Port Authority to pay to or in respect of any former employee of the Port Authority any pension or any allowance known as a retirement allowance or benevolent allowance; and

(ii)

any liability of the Port Authority to pay any benevolent allowance on or after the transfer date to or in respect of any person employed by the Port Authority immediately before that date.

(2)

The property excepted from the transfer made by sub-paragraph (1)(b) above is all paintings, drawings and artefacts of the Port Authority.

(3)

For the avoidance of doubt it is hereby stated that–

(a)

there is included in the transfer made by sub-paragraph (1)(b) above–

(i)

the property, rights and liabilities of the Port Authority in respect of the body of constables maintained by the Port Authority;

(ii)

subject to sub-paragraph (4) below, so much of a contract of employment or collective agreement as relates to an occupational pension scheme within the meaning of the Social Security Pensions Act 1975^f1or the Social Security Pensions (Northern Ireland) Order 1975^f2; and

(iii)

all the interest of the Port Authority in the companies listed in Schedule 1; and

(b)

the property, rights and liabilities referred to in sub-paragraph (1)(b) above do not include property, rights and liabilities of the Port Authority in respect of–

(i)

Port of London Stock;

(ii)

money loaned to the Port Authority under section 11 of the Harbours Act 1964^f3; or

(iii)

the central audit staff maintained by the Port Authority.

(4)

Any contract of employment of a person who is transferred to the employment of the Company which includes a right for the employee to be a member of the Port of London Authority Pension Fund shall be deemed to be amended to include instead a right for the employee to be a member of any relevant pension scheme (within the meaning of Schedule 2).

(5)

In this paragraph–

(a)

reference to a numbered plan is a reference to that plan as authenticated by the seal of the Port Authority and the signature of their secretary as being the plan of that number referred to in this Scheme;

(b)

“Port of London Stock” means the 3 per cent. “A” Port Stock 1929–1999 issued by the Port Authority in 1909 and the 3 per cent. Inscribed Port Stock 1949–1999 issued by the Port Authority in 1911.

Annotations

Footnotes

f1: 1975 c. 60.
f2: S.I. 1975/1503 (N.I. 15).
f3: 1964 c. 40.