The Port of Ipswich (Transfer of Undertaking) Harbour Revision Order 2002

• Citation: S.I. 2002/3269
• Sections: 9

Section 1 Citation and commencement

(1) This Order may be cited as the Port of Ipswich (Transfer of Undertaking) Harbour Revision Order 2002.

(2) This Order shall come into force on 30th December 2002.

Section 2 Interpretation

In this Order—

“ A.B. Ports ” means Associated British Ports;

“ IPL ” means Ipswich Port Limited;

“the port of Ipswich” means the docks and harbour at Ipswich regulated by the Ipswich Docks Acts and Orders 1852 to 1986;

“the transfer date” means 1st January 2003; and

“the undertaking” means the undertaking of IPL in relation to the port of Ipswich.

Section 3 Establishment of A.B. Ports as harbour authority for undertaking

On the transfer date A.B. Ports shall be established as the harbour authority for the port of Ipswich in lieu of IPL.

Section 4 Transfer of functions, property, etc

(1) On the transfer date all statutory and other powers and duties conferred or imposed on IPL by any provision of the Ipswich Docks Acts and Orders 1852 to 1986 in force immediately before that date shall be transferred from IPL to A.B. Ports.

(2) On the transfer date the undertaking as existing immediately before that date, including the lands, works, building, machinery stores and other real and personal property, assets and effects, rights, powers and privileges vested in or enjoyed by IPL, and all liabilities and obligations to which IPL are then subject in relation to the undertaking, shall be transferred to and vest in A.B. Ports.

(3) On and after the transfer date any statutory provision of local application or document whatsoever shall have effect in its application to the transferred undertaking as if any reference however worded and whether express or implied—

(a) to IPL, were construed as a reference to A.B. Ports; and

(b) to any officer or servant of IPL, were construed as a reference to an officer or servant of A.B. Ports.

Section 5 Byelaws etc.

On and after the transfer date any byelaw, regulation, licence or consent made, issued or granted by IPL in relation to the undertaking and in force immediately before that date shall, notwithstanding the making of this Order, continue in force and have effect as if made, issued or granted by A.B. Ports.

Section 6 Contracts to binding

All purchases, sales, conveyances, deeds, contracts and agreements entered into or made by IPL and in force immediately before the transfer date shall, on and after that date, be as binding and of as full force and effect in every respect against or in favour of A.B. Ports as they have heretofore been against or in favour of IPL and may be enforced as fully and effectively as if instead of IPL A.B. Ports had been a party thereto.

Section 7 Proceedings not to abate

All legal and other proceedings begun before the transfer date and relating to any property, rights or liabilities transferred to A.B. Ports under this Order may be carried on by or in relation to A.B. Ports.

Section 8 Modification of A.B. Ports legislation

On and from the transfer date—

(a) section 57 of the British Transport Commission Act 1949 and section 26 of the British Transport Commission Act 1961 shall apply to any port premises as defined in section 3 of the Ipswich Dock Act 1971 as they apply to harbour premises referred to in those provisions;

(b) if and to the extent that it would not otherwise so apply, section 54 of the British Transport Docks Act 1964 shall apply to any byelaws made by A.B. Ports under section 78 of the Ipswich Dock Act 1971 as it applies to bye-laws made by A.B. Ports in relation to any other harbour;

(c) section 51 of the British Transport Docks Act 1964 shall not apply in relation to the port of Ipswich; and

(d) section 9(1) of the Transport Act 1981 shall not apply to the port of Ipswich and in their application to the port of Ipswich sections 8 and 9 of and Schedule 3 to the Transport Act 1981 shall have effect subject to sections 34 and 35 of the Ipswich Dock Act 1971.

Section 9 Consequential Repeals

On the transfer date section 23 of the Ipswich Dock Act 1950 and sections 80 and 81 of the Ipswich Dock Act 1971 shall be repealed.