# The Saint Mawes Pier and Harbour Revision Order 2022

S.I. 2022/228 · made 7 March 2022

This Order, made on the application of the Saint Mawes Pier and Harbour Company modernises the statutory harbour powers applying in relation to Saint Mawes Pier and Harbour.

Made under: Harbours Act 1964 (Section 14)

PDFs: Printed copy https://openlegislation.uk/saint-mawes-pier-and-harbour-revision-order-2022/pdf/uksi_20220228_en.pdf; Revised UK Explanatory Memorandum https://openlegislation.uk/saint-mawes-pier-and-harbour-revision-order-2022/pdf/uksiem_20220228_en_001.pdf; UK Explanatory Memorandum https://openlegislation.uk/saint-mawes-pier-and-harbour-revision-order-2022/pdf/uksiem_20220228_en.pdf

## Introductory text

Harbours, Docks, Piers And Ferries
Made 7th March 2022
Laid before Parliament 8th March 2022
Coming into force 29th March 2022
The Saint Mawes Pier and Harbour Company has applied for a harbour revision order in accordance with section 14(2)(a) of the Harbours Act 1964 (“the Act”).
The Secretary of State, as the appropriate Minister for the purposes of that section, has by an Order made under section 42A of the Act delegated the functions of the appropriate Minister under section 14 to the Marine Management Organisation.
The Marine Management Organisation, being satisfied as mentioned in section 14(2)(b) and in exercise of the powers conferred by section 14(1) and (3) of the Act, makes the following Order.

## Part 1: PRELIMINARY

## 1 Citation, commencement and extent

(1) This Order may be cited as the Saint Mawes Pier and Harbour Revision Order 2022 and shall come into force on 29th March 2022.
(2) The Saint Mawes Pier and Harbour Act 1854, the Saint Mawes Pier and Harbour Order 1934 and this Order may be cited together as the Saint Mawes Pier and Harbour Act and Orders 1854 to 2022.
(3) This Order extends to England and Wales.

## 2 Interpretation

In this Order—
“the Act of 1854” means the Saint Mawes Pier and Harbour Act 1854;
“the Company” means the Saint Mawes Pier and Harbour Company incorporated under section 3 of the Act of 1854;
“Trinity House” means the Corporation of Trinity House of Deptford Strond.

## Part 2: AMENDMENT OF THE ACT OF 1854

## 3 Amendments to the Act of 1854

(1) The Act of 1854 is amended as follows.
(2) in section 8 (number of directors and their qualification)—
(a) on the second line after “directors) the” insert “total”;
(b) on the third line after “and” insert “, subject to section 8A,”;
(c) for “his” substitute “their”;
(d) for “ten” substitute “five”.
(3) After Section 8 (number of directors and their qualification) of the Act insert—
“8A. —For the purposes of section 8, the total number of directors must not exceed ten, but may include within the total number, the appointment, of up to two non-shareholding directors as appointed by the Company from time to time.”

## Part 3: SAVINGS

## 4 Saving for Trinity House

Nothing in this Order shall prejudice or derogate from any of the rights, duties or privileges of Trinity House.

## 5 Crown Rights

(1) Nothing in this Order shall—
(a) prejudicially affect any estate right, power, privilege, authority or exemption of the Crown, or
(b) authorise the Company or any licensee to take, use, enter upon or in any manner interfere with any land or interests in land or any rights of whatsoever description (including any part of the shore or bed of the sea or of any river, channel, creek, bay or estuary) belonging to—
(i) Her Majesty in right of the Crown and under the management of the Crown Estate Commissioners without the prior consent in writing of those Commissioners, or
(ii) a government department or held in trust for Her Majesty for the purposes of a government department, without the consent in writing of that government department.
(2) A consent under paragraph (1)(b) may be given unconditionally or subject to such conditions and upon such terms as may be considered necessary or appropriate.

## Signature

Signed by authority of the Marine Management Organisation
Tom McCormack
Chief Executive Officer
An authorised employee of the Marine Management Organisation
7th March 2022

## Explanatory note

(This note is not part of the Order)
This Order, made on the application of the Saint Mawes Pier and Harbour Company modernises the statutory harbour powers applying in relation to Saint Mawes Pier and Harbour.
Article 3 makes amendments to section 8 of the Saint Mawes Pier and Harbour Act 1854 to reduce the number of shares a director of the Company must hold from ten shares to five shares and section 8A permits the appointment of up to two non-shareholding directors to be included in the total number of directors.
An impact assessment has not been prepared for this instrument as there is no, or no significant, impact predicted on businesses, charities, voluntary bodies or the public sector.
An Explanatory Memorandum is available alongside the instrument on the UK legislation website at www.legislation.gov.uk.

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Source: https://www.legislation.gov.uk/uksi/2022/228 (the official version)
Page: https://openlegislation.uk/saint-mawes-pier-and-harbour-revision-order-2022
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

