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HARBOURS ACT (NORTHERN IRELAND) 1970

HARBOURS ACT (NORTHERN IRELAND) 1970 - LONG TITLE

An Act to make further provision with respect to harbours{1}.
[5th February 1970]
1932 c.11

Harbour orders.

HARBOURS ACT (NORTHERN IRELAND) 1970 - SECT 1

1.(1) The Ministry of Commerce (in this Act referred to as "the
Ministry") may, in relation to one or more harbours, make an order
(in this Act referred to as a "harbour order") for achieving all
or any of the objects specified in Schedule 1.

(2) A harbour order may include all such provision as appear to
the Ministry to be requisite or expedient for rendering of full
effect a provision of the order framed to achieve any of the said
objects, including provision for all or any of the matters specified
in Part I of Schedule 2.

(3) A harbour order may contain provisions with respect to all or
any of the matters specified in Part II of Schedule 2 for the
purpose of providing for the control of the movements of ships in
the interests of safety and the uninterrupted movement of ships.

(4) Where it appears to the Ministry that in consequence of a
harbour order, any employee of a harbour authority may suffer loss
of employment or other financial loss, that order shall make
provision for the compensation of any such employee.

(5) A harbour order shall not be so framed as to permit of a
person's being punished otherwise than on his conviction or as to
permit

(a)on his being summarily convicted, of the infliction of a penalty
other than a fine not exceeding #100;

(b)on his being convicted on indictment, of the infliction on him
of a term of imprisonment exceeding six months.

(6) Before making a harbour order, the Ministry shall consult any
harbour authority to which the order will apply and any harbour
authority or local authority which the Ministry considers is likely
to be affected thereby about the effect of the order on it.

(7) A harbour order shall be subject to affirmative resolution.

(8) The Ministry shall publish or require such harbour authority as
it may specify, being an authority to which the order will apply,
to publish, in the Belfast Gazette and in one or more newspapers,
a notice

(a)describing the scope of any harbour order which the Ministry has
laid before Parliament in pursuance of subsection (7); and

(b)stating that the order is subject to affirmative resolution.

Loans for execution of harbour works, etc.

HARBOURS ACT (NORTHERN IRELAND) 1970 - SECT 2

2.(1) Subject to the provisions of this section, the Ministry, with
the approval of the Ministry of Finance, may give to a harbour
authority assistance by way of loan

(a)in respect of expenses incurred by the authority

(i)in executing, at a harbour which it is improving, maintaining or
managing, works for the improvement, maintenance or management of the
harbour;

(ii)in executing works for the construction of a harbour which it
proposes to improve, maintain or manage;

<(iii)in providing plant or equipment required for the carrying out of harbour operations;

<(iv)in acquiring land required for the purposes of the harbour or an extension thereof or in constructing a harbour as mentioned in sub-paragraph (ii);

(b)to enable it to repay the whole or part of the principal of,
or to pay the whole or part of a sum due by way of the payment
of interest on, a loan made to it by virtue of paragraph (a);

(c)where the authority is established by a harbour order, in respect
of any expenses chargeable against income, being expenses which are
incurred by the authority during a period in respect of which in
the opinion of the Ministry the authority was not in receipt of
sufficient revenue to meet its expenses.

(2) A loan under this section shall be made on such terms and
conditions (including conditions by virtue of which the Ministry may
participate in the profits or income of the authority) as the
Ministry thinks proper and as are specified in the agreement for
the loan.

(3) After a loan is made under this section, its terms and
conditions may be varied by the Ministry with the agreement of the
harbour authority to which it is made.

[(4) Subject to subsection (5), where any instalment of principal or
interest or both principal and interest due on foot of any loan
made under this section is more than thirty-one days in arrear
additional interest at such rate as may from time to time be
determined by an order made by the Department of Finance subject to
negative resolution shall, notwithstanding any enactment or rule of
law to the contrary, be chargeable on that instalment as from the
date on which it fell due and shall be recoverable therewith.

(5) The Department may, with the approval of the Department of
Finance, in such cases as it thinks fit waive the payment of such
additional interest as is mentioned in subsection (4).]

HARBOURS ACT (NORTHERN IRELAND) 1970 - SECT 3
Grants for execution of harbour works, &c.

3.(1) Subject to the provisions of this section, the Ministry, with
the approval of the Ministry of Finance, may give to the following
persons assistance by way of grant in respect of expenses incurred

(a)by any person improving, maintaining or managing a harbour or
carrying out harbour operations or proposing to do any of those
things, in executing works for the construction, improvement,
maintenance or management of the harbour, in executing works required
for the carrying out of harbour operations or in acquiring plant or
equipment so required;

(b)by a harbour authority which is doing any of those things or
proposes to do them, in acquiring land required for the purposes of
the harbour or an extension thereof.

(2) The Ministry, with the approval of the Ministry of Finance, may
give to a harbour authority assistance by way of grant to enable
it to pay the whole or part of a sum due by way of payment of
interest on a loan.

(3) A grant under this section may be made on such terms and
conditions (including conditions for repayment in specified
circumstances and conditions by virtue of which the Ministry may
participate in the profits or income of the authority) as the
Ministry may think fit to impose.

HARBOURS ACT (NORTHERN IRELAND) 1970 - SECT 4
Maximum amount of loans and grants under sections 2 and 3.

4. The aggregate amount of loans and of grants together made under
sections 2 and 3 by the Ministry shall not exceed [#15,000,000].

Repeal of provisions limiting discretion of certain harbour
authorities as to charges chargeable by them.

HARBOURS ACT (NORTHERN IRELAND) 1970 - SECT 5

5.(1) Subject to this Act, any statutory provision made with respect
to a particular harbour authority shall cease to have effect in so
far as (otherwise than by expressly providing for freedom from
charges or prohibiting the levying of a charge in any manner) it
limits the discretion of the authority as to the charges chargeable
by it at a harbour which it is improving, maintaining or managing
(whether by specifying any dues or charges, or otherwise).

(2) Subject to this Act and to any statutory provision made with
respect to it in particular as expressly provides for freedom from
charges or in any manner prohibits the levying of a charge, a
harbour authority

(a)may demand, take and recover such charges as it thinks fit at a
harbour which it is improving, maintaining or managing; and

(b)may make the use of services and facilities provided by it at
such a harbour subject to such terms and conditions as it thinks
fit.

(3) Any such provision of the Harbours, Docks and Piers Clauses Act
1847 as incorporated in a statutory provision made with respect to
a harbour authority as refers to rates shall, with any necessary
modifications, apply to charges imposed by virtue of this section by
that authority as if they were rates payable under a statutory
provision made with respect to it.

(4) Any statutory provision made with respect to a harbour authority
which refers (in whatever terms) to charges payable to it under a
statutory provision made with respect to it shall, in so far as it
continues to have effect, apply with any necessary modifications to
charges imposed by that authority under this section as if they
were charges so payable.

In this subsection, "charges" includes charges of a specified class.

(5) Any ship, passenger and goods dues in force immediately before
the passing of this Act which are exigible by a harbour authority
at a harbour which it is improving, maintaining or managing, being
dues imposed under a statutory provision made with respect to the
authority, shall be deemed to have been imposed by virtue of this
section.

HARBOURS ACT (NORTHERN IRELAND) 1970 - SECT 6
Availability of copies of lists of certain charges.

6.(1) A list showing the charges to which this section applies for
the time being exigible by virtue of section 5 by a harbour
authority at a harbour which it is improving, maintaining or
managing

(a)shall be kept at the harbour office; and

(b)shall be open there during reasonable hours for inspection by any
person without charge;

(2) Where a harbour authority enters into any arrangements with any
person whereby any charge to which this section applies is reduced
or compounded, subsection (1) shall not be construed as requiring
the inclusion in any list required to be kept under that subsection
of any such charge as so reduced or compounded.

(3) No charge to which this section applies exigible as mentioned
in subsection (1) shall be levied by the harbour authority concerned
if, at the time at which it is exigible

(a)the authority is in default in complying with subsection (1)(a);
or

(b)the charge is not shown in the list kept there.

(4) A copy of a list which, in pursuance of subsection (1), is
for the time being kept by a harbour authority at the office of a
harbour shall be supplied by it to the Ministry without charge.

(5) The charges to which this section applies are ship, passenger
and goods dues.

HARBOURS ACT (NORTHERN IRELAND) 1970 - SECT 7
Right of objection to ship, passenger and goods dues.

7.(1) Subject to subsections (10) and (11), subsections (3) to (6)
shall have effect where written objection to a charge to which this
subsection applies imposed by a harbour authority at a harbour which
it is improving, maintaining or managing, is lodged with the
Ministry by

(a)a person appearing to it to have a substantial interest; or

(b)a body representative of persons so appearing;

(i)that the charge ought not to be imposed at all;

(ii)that the charge ought to be imposed at a rate lower than that
at which it is imposed;

(iii)that ships, passengers or goods of a specified class ought to
be excluded from the charge either generally or in specified
circumstances;

(iv)that the charge ought to be imposed, either generally or in
specified circumstances on ships, passengers or goods of a specified
class at a rate lower than that at which it is imposed on others.

(2) The charges to which subsection (1) applies are ship, passenger
and goods dues.

(3) The Ministry shall, forthwith after the objection is lodged,
send a copy thereof to the authority and shall give notice to the
objector that, as a condition precedent to the taking by the
Ministry of further steps in the matter of the objection, he must
publish in specified newspapers a notice (which, if a form therefor
is specified, must be in that form)

(a)stating that he has lodged with it an objection to the charge
(and specifying the ground or grounds on which it is expressed to
be made); and

(b)stating that any of the following who desires to make to the
Ministry representations in the matter, that is to say, a person
having a substantial interest and a body representative of persons
who have such an interest, should do so in writing within the time
specified in the notice (which must not be less than forty-two days
from the publication or first publication thereof).

(4) Where the proper notice concerning the objection has been duly
published, then so soon as practicable after the expiration of the
time therein specified (but subject to subsection (5)), the Ministry
shall, unless the objection has been withdrawn before the expiration
of that time and no written representations in the matter have been
made to it by any such person or body as is mentioned in
subsection (3)(b) before the expiration of that time, proceed to
consideration of the charge and any representations made and, unless
it is satisfied that it can properly proceed to a decision in the
matter without causing an inquiry to be held with respect to it,
shall cause an inquiry to be so held.

(5) Where written representations are made as mentioned in subsection
(4), the Ministry shall send copies thereof to the authority and
(except where the objection has been withdrawn) to the objector, and
shall not proceed to consideration of the charge until such period
for consideration of, and comment upon, the representations by the
authority and by the objector (if the objection has not been
withdrawn) as the Ministry thinks reasonable has elapsed.

(6) The Ministry, after effect has been given to subection (4),
shall either

(a)approve the charge but set a limit (not being later than the
expiration of twelve months from the date on which the Ministry
approves it) to the period during which the approval is to be of
effect, and give to the authority written notice that the Ministry
has approved it, stating the limit set; or

(b)give to the authority such direction with respect to the charge
as would meet objection thereto made on any of the grounds
specified in subsection (2) above (whether that is or is not the
ground, or is or is not included amongst the grounds, on which the
objection whose lodging gives rise to the proceedings is expressed
to be made).

(7) A direction given under subsection (6) to an authority must be
in writing and must specify a date for its coming into operation
and the period from that date (which shall not exceed twelve
months) during which it is to have effect, and the authority shall
comply with it.

(8) If a harbour authority fails to comply with an obligation to
which it is subject by virtue of subsection (7), it shall be
guilty of an offence and shall be liable, on summary conviction, to
a fine not exceeding #100.

(9) Forthwith after complying on any occasion with subsection (6),
the Ministry shall publish, in the newspapers in which was published
notice of the lodging of the objection the lodging whereof gave
rise to the proceedings that resulted in the compliance on that
occasion, the notice or direction given by it to the harbour
authority concerned.

(10) Where, by virtue of this section, a charge imposed at a
harbour is approved, subsections (3) to (6) shall not have effect
by virtue of the lodging of a further objection thereto during the
period during which the approval is of effect; and where, by virtue
of this section, a direction is given with respect to a charge so
imposed, those subsections shall not have effect by virtue of the
lodging of a further objection to that charge during the period
during which the direction has effect or of the lodging, during
that period, of an objection to a charge that has come into
existence by virtue of the direction.

(11) Where effect to subsections (3) to (5) is in course of being
given in consequence of the lodging with the Ministry of an
objection to a charge and a further objection to that charge is
lodged with the Ministry, subsections (3) to (6) shall not have
effect by virtue of the lodging of that further objection.

HARBOURS ACT (NORTHERN IRELAND) 1970 - SECT 8
Special provisions with respect to certain aviation charges.

8. Section 5(2) shall, so far as regards charges regulated by any
such provision of an Order in Council under subsection (2) of
section 8 of the Civil Aviation Act 1949 as has effect by virtue
of paragraph (o) (regulation of charges for use of licensed
aerodromes and for services provided thereat) of that subsection,
have effect subject to that provision; and section 7 shall not
apply to any charges so regulated.

HARBOURS ACT (NORTHERN IRELAND) 1970 - SECT 9
Repeal of certain enactments relating to harbour charges.

9.(1) The following provisions shall cease to have effect, namely

Para.(a) repeals ss.30,47 of 1847 c.27

(b)any statutory provision (other than the said section 47 or one
in this Act) applying to a harbour authority in so far as (however
it is expressed) it requires a list of charges imposed by the
authority in the exercise of its powers as such to be published;

Para.(c) repeals s.24 of 1853 c.131

(d)section 17 (rates to be equally levied) of the General Pier and
Harbour Act 1861 Amendment Act and any other statutory provision
applying to a harbour authority in so far as (however it is
expressed) it prohibits the authority from discriminating in the
matter of charges imposed as aforesaid against any person in favour
of any other person.

Subs.(2) repeals 1867 c.15

Powers of authorities.

HARBOURS ACT (NORTHERN IRELAND) 1970 - SECT 10

10.(1) A local harbour authority may, with the consent of the
Ministry, acquire any land for the purposes of its functions
relating to harbours.

(2) The Ministry may, on the application of a local harbour
authority, by order fix the area within which the powers of the
authority and its officers may be exercised and the area within
which any dues for the time being leviable may be charged.

(3) A local harbour authority may dredge and maintain any harbour
vested in it and the entrances and channels so vested of such a
harbour, but may deposit material in a place below high-water mark
only with the consent of the Crown Estate Commissioners (which may
be subject to conditions) and in such places and subject to such
conditions and restrictions as the Board of Trade and the Ministry
may determine.

(4) Subject to section 11, a local harbour authority may on harbour
land provide, construct or take on lease, and maintain, such docks,
wharves, buildings, equipment and facilities as may be found
necessary in connection with the harbour or for harbour operations.

(5) Any of the following persons, that is to say:

(a)any person authorised in that behalf by the Ministry;

(b)any officer of customs and excise or of the Board of Trade,
while acting as such;

(c)any person going to or returning from a lifeboat;

(d)any person using a lifeboat or any apparatus for saving life;

(e)any person brought ashore from a vessel in distress;

(6) A fishing vessel of a country with which a treaty exists under
which the vessel is exempt from dues and port charges when forced
by stress of weather to seek shelter in the ports or on the
coasts of the United Kingdom shall, when forced by stress of
weather to make use of a harbour vested in a local harbour
authority, be exempt from any dues leviable in respect of the use
of the harbour, if the vessel does not break bulk while doing so.

HARBOURS ACT (NORTHERN IRELAND) 1970 - SECT 11
Tidal works.

11.(1) A local harbour authority may, with the consent of the Board
of Trade, the Crown Estate Commissioners and the Ministry, construct,
alter or extend any tidal work.

(2) The Ministry, the Board of Trade and the Crown Estate
Commissioners may, in giving any consent under subsection (1), do so
subject to such conditions as it or they may think fit to impose,
but in the event of any inconsistency between a condition imposed
by the Board or the Crown Estate Commissioners and one imposed by
the Ministry, that imposed by the Ministry shall be void to the
extent of the inconsistency.

(3) Schedule 3 shall have effect in relation to any tidal work
which is, or is to be, constructed, altered or extended by a local
harbour authority.

(4) In this section and in Schedule 3 "tidal work" means any work
which is on, under or over any land which is below high-water mark
or part of any such work.

HARBOURS ACT (NORTHERN IRELAND) 1970 - SECT 12
Charges and leases by authorities.

12. A local harbour authority

(a)may lease any part of the land vested in it to any person for
a period not exceeding twenty-one years;

(b)shall not otherwise dispose of any part of that land unless the
Ministry authorises it to do so.

HARBOURS ACT (NORTHERN IRELAND) 1970 - SECT 13
Application of provisions of Harbours, Docks and Piers Clauses Act.

13.(1) The Harbours, Docks and Piers Clauses Act 1847 (except
sections 6 to 13, 16 to 19, 21, 31, 49, 50 and 83 to 90) shall,
except in so far as the Ministry may by order direct, apply to a
harbour vested in a local harbour authority as if

(a)the harbour had been constructed in pursuance of an Act which
incorporated that Act;

(b)this Act were the special Act for the purposes of that Act;

(c)the authority were the undertakers for those purposes.

(2) Any reference to a vessel in the said Act of 1847 as applied
by subsection (1) shall be deemed to include a sea-going hovercraft
and in section 28 of that Act as so applied shall include a
floating dock and a vessel of exceptional construction or method of
propulsion.

(3) Where

(a)a wreck is sold in pursuance of section 56 of the Harbours,
Docks and Piers Clauses Act 1847, as applied by subsection (1); and

(b)the amount realised by the sale is insufficient to meet any
expenses incurred by a local harbour authority in removing the
wreck;

Byelaws.

HARBOURS ACT (NORTHERN IRELAND) 1970 - SECT 14

14.(1) A local harbour authority may make byelaws for all or any
of the following purposes:

(a)for regulating the use of the harbour;

(b)for regulating the conduct of persons;

(c)for regulating the exercise of the powers vested in the harbour
master;

(d)for regulating the movement of vessels;

(e)for controlling vehicles;

(f)for preventing the obstruction of, or injury to, the harbour;

(g)for regulating the shipping and unshipping, landing, warehousing,
stowing, depositing and removing of all goods within the harbour;

(h)for regulating, with the consent of the Commissioners of Customs
and Excise, the hours during which the gates, entrances or outlets
to the harbour will be open;

(i)for regulating the functions of any person, not being an officer
of customs and excise, employed (whether by the authority or any
other person) in the harbour;

(j)for regulating the use of fires and lights;

(k)for preventing damage or injury to any vessel or goods;

(l)for regulating the use of cranes and other equipment belonging to
the authority.

(2) Sections 219 to 223 of the Public Health (Ireland) Act 1878
shall apply to any byelaws made under subsection (1) as they apply
to any byelaws made under that Act, subject to the following
modifications:

(a)for any reference to a sanitary authority or to the clerk of
such an authority there shall be substituted a reference to a local
harbour authority or to the clerk of or secretary to such an
authority;

(b)for any reference to the Ministry of Health and Social Services
there shall be substituted a reference to the Ministry of Commerce;

(c)for any reference to a ratepayer of a district to which byelaws
relate there shall be substituted a reference to any person;

(d)for the reference in section 220 to five pounds there shall be
substituted a reference to fifty pounds.

HARBOURS ACT (NORTHERN IRELAND) 1970 - SECT 15
Harbour masters.

15.(1) A local harbour authority may employ a harbour master and
such other persons for the purposes of the harbour as it considers
to be necessary.

(2) Where any person is employed by a local harbour authority in
an office referred to in sections 51 to 65 of the Harbours, Docks
and Piers Clauses Act 1847, so much of the provisions of those
sections as apply to that office shall apply to that person as if
the harbour had been constructed in pursuance of an Act which
incorporated that Act, this Act were the special Act for the
purposes of that Act and the authority were the undertakers for
those purposes.

(3) In the application, by virtue of subsection (2), of section 52
of the said Act of 1847 to a harbour master employed by a local
harbour authority, that section shall authorise a harbour master

(a)to give directions prohibiting the mooring of any vessel in any
part of the harbour specified by him;

(b)to impose terms and conditions upon which a pleasure-craft,
hovercraft or hydrofoil may enter the harbour or any part of the
harbour specified by him;

(c)in an emergency, to give general directions under that section
which apply to all vessels or to any specified class of vessels.

(4) In the application, by virtue of subsection (1), of section 53
of the said Act of 1847 to a harbour master employed by a local
harbour authority, that section shall be construed as authorising a
harbour master to give directions to the master of a vessel
otherwise than in writing.

HARBOURS ACT (NORTHERN IRELAND) 1970 - SECT 16
Execution of certain operations in pursuance of orders of the
Ministry.

16.(1) Where

(a)any assistance by way of grant out of the Consolidated Fund or
money provided by Parliament or loan from the Government Loans Fund
is given to a local harbour authority in respect of the
construction, reconstruction, improvement or repair of any work in or
on a harbour; and

(b)the Ministry is satisfied that any particular operation is
necessary in order to maintain the work in an efficient condition
and proper state of repair;

(2) A local harbour authority shall comply with any requirement
contained in a notice served on it under subsection (1) unless, on
an application made to the county court under subsection (3), the
notice is cancelled or modified.

(3) Where a local harbour authority is of the opinion that a
requirement contained in a notice served under subsection (1) is
unnecessary or unreasonable, it may, within one month of the service
of the notice, apply to the county court for the cancellation or
modification of the notice.

(4) On an application under subsection (3) the county court may
make such an order for the confirmation, cancellation or modification
of any requirement contained in the notice which is the subject of
the application as, having regard to all the circumstances, it
thinks fit.

(5) Where a local harbour authority fails to comply with a
requirement contained in a notice served under subsection (1) within
such period as is specified in the notice, or, where the notice
has been modified by an order of the county court, within such
period as is specified in the order, the Ministry

(a)may execute any operation necessary to satisfy the requirement;
and

(b)may recover the amount of any expenditure incurred by it in
executing any such operation from the local harbour authority as if
it were a debt due under a contract.

HARBOURS ACT (NORTHERN IRELAND) 1970 - SECT 17
Discontinuation of a harbour's maintenance.

17.(1) If it appears to a local harbour authority that a harbour
vested in it is no longer required or cannot be adequately
maintained except by expenditure which would not be justified by any
benefit which would result from the harbour's continued existence, it
may, subject to subsection (2), resolve to discontinue the
maintenance of the harbour.

(2) A resolution under subsection (1) shall not take effect unless
it is approved by the Ministry and any approval under this
subsection may be given subject to conditions.

(3) On the application of a relevant harbour authority which has
passed a resolution under subsection (1), the Ministry may by order
make such provision as it considers necessary in relation to any
outstanding liabilities of the authority in respect of the harbour.

(4) When a resolution under this section takes effect, this Part
and any enactment applying to the harbour to which the resolution
relates shall cease to apply to the harbour except

(a)in so far as the Ministry by order otherwise directs;

(b)in so far as this Part or the enactment authorises the levying
and recovery of rates to meet outstanding loan charges or the
recovery of any rates levied but not recovered before the date on
which the resolution takes effect.

HARBOURS ACT (NORTHERN IRELAND) 1970 - SECT 18
Suspension of use of harbours.

18.(1) Where the Ministry is satisfied that a local harbour
authority should be authorised to suspend the use of a harbour (or
any part of a harbour) vested in it for a period not exceeding
one year in order

(a)to execute works which it would not otherwise be possible to
execute;

(b)to prevent injury or damage to life or to property;

(2) An order made under subsection (1) may be renewed for
successive periods not exceeding one year.

S.19 rep. by 1972 NI16 art.63(3) sch.19

HARBOURS ACT (NORTHERN IRELAND) 1970 - SECT 20
Order of application of authority's revenue.

20. A local harbour authority shall apply the revenue (whether from
dues or otherwise) received by it in respect of one or more
harbours vested in it for the following purposes and in the
following order:

(a)in paying the expenses properly chargeable to revenue in
maintaining, repairing and managing the harbours;

(b)in paying the interest charges in respect of money borrowed for
the purposes of the harbours;

(c)in paying the appropriations, instalments or sinking fund charges
in respect of money borrowed for the purpose of the harbours;

(d)in paying sums into such a reserve fund as may be approved by
the Ministry, subject to such conditions as may be so approved.

HARBOURS ACT (NORTHERN IRELAND) 1970 - SECT 21
Exercise of power to grant leases and exclusive rights.

21. A local harbour authority shall not

(a)grant a lease of any part of the land vested in it;

(b)confer any right or privilege to the exclusive use of any part
of the land vested in it or of any machinery or equipment vested
in it;

Interpretation (Part II).

HARBOURS ACT (NORTHERN IRELAND) 1970 - SECT 22

22.(1) In this Part and in Schedule 3 "local harbour authority"
means a local authority in which a harbour is vested.

(2) In subsection (1) "local authority" means the council of a
county, of a borough or of an urban district.

Power of harbour authorities to provide inland clearance depots.

HARBOURS ACT (NORTHERN IRELAND) 1970 - SECT 23

23.(1) A harbour authority may provide, maintain and operate, either
alone or together with any other person and either on harbour land
or with the consent of the Ministry elsewhere, depots for the
sorting of goods, with facilities for the reception, storage,
weighing and handling of goods, and may do anything appearing to
the authority to be requisite, convenient or advantageous for or in
connection with the discharge of that function.

(2) A harbour authority which maintains a depot for the sorting of
goods may make and recover from the persons using the depot or any
services or facilities provided thereat charges for their use.

(3) Nothing in this section shall affect the power of the
Commissioners of Customs and Excise under the enactments relating to
customs and excise to approve places for the loading, unloading,
deposit, keeping or securing of goods or the conditions and
restrictions subject to which approval may be given to any such
places.

HARBOURS ACT (NORTHERN IRELAND) 1970 - SECT 24
Power of harbour authorities to acquire a harbour business or shares
in a harbour business.

24.(1) Subject to subsection (3), a harbour authority may acquire by
agreement any business or undertaking which consists wholly or mainly
of the carrying out of harbour operations or of the provision,
maintenance or operation of any such depot as is mentioned in
section 23 or so much of any business or undertaking as consists
of the carrying out of such operations or of the provision,
maintenance or operation of any such depot.

(2) Subject to subsection (3), a harbour authority may subscribe for
or acquire any securities of a body corporate which is wholly or
mainly engaged or which it is proposed should become wholly or
mainly engaged in carrying out harbour operations or in providing,
maintaining or operating any such depot.

(3) A harbour authority shall not by virtue of this section acquire
a business or undertaking which consists of or includes the
provision, maintenance or operation of any such depot, or subscribe
for or acquire any securities of a body corporate which is engaged
or which it is proposed should become engaged in providing,
maintaining or operating any such depot, without the consent of the
Ministry.

(4) In this section "securities", in relation to a body corporate,
means any shares, stock, debentures, debenture stock, and any other
security of a like nature, of the body corporate.

HARBOURS ACT (NORTHERN IRELAND) 1970 - SECT 25
Miscellaneous powers of harbour authorities.

25.(1) Subject to section 10, a harbour authority may for the
purpose of any of its statutory functions by agreement acquire or
take on lease any land wherever situated or acquire land
compulsorily in accordance with section 26.

(2) A harbour authority may carry out any harbour operations either
within the limits within which the authority has jurisdiction or on
harbour land.

HARBOURS ACT (NORTHERN IRELAND) 1970 - SECT 26
Compulsory acquisition of land by harbour authorities.

26.(1) Where a harbour authority desires to acquire, otherwise than
by agreement, any land for the purposes of its functions, it may
apply to the Ministry for an order vesting in it the fee simple
or any lesser estate in that land, and

(a)the Ministry may make the vesting order in respect of the whole
of the land or any part of it;

(b)on an application for an order vesting the fee simple in the
land, the Ministry may make an order vesting in the harbour
authority such lesser estate in the land or in any portion thereof
as may be specified in the order.

(2) Section 22(2) of, and Schedule 2 to, the Local Government Act
(Northern Ireland) 1934 shall, subject to the modifications specified
in Schedule 4, have effect for the purposes of an order under
subsection (1).

(3) For the purposes of this section and of the application, by
subsection (2), of the enactments mentioned in that subsection, the
interest of a grantee under a fee farm grant shall be taken to be
a lesser estate than a fee simple.

(4) The Ministry shall not make a vesting order under subsection
(1) in respect of any land owned or occupied by or on behalf of
the [Northern Ireland Housing Executive], a local authority, a public
utility undertaking or, as from the appointed day within the meaning
of the Post Office Act 1969, the Post Office.

(5) In this section

"local authority" means the council of a county, county or other
borough or of an urban or rural district;

"public utility undertaking" includes any body corporate carrying on
a gas, water, electricity or public transport undertaking and any
undertaking for providing or improving drainage.

HARBOURS ACT (NORTHERN IRELAND) 1970 - SECT 27
Water supplies.

27. A harbour authority may, in consideration of the payment to it
of such sum as it may specify in that behalf, permit any person
to lay down or construct and maintain pipes or channels for the
conveyance of water to, on and within any land in the area of the
authority.

Power of Ministry to obtain information and forecasts.

HARBOURS ACT (NORTHERN IRELAND) 1970 - SECT 28

28.(1) For the purpose of obtaining information and forecasts
reasonably required by the Ministry in order to allow the Ministry
to regulate harbours, assist in their development, promote their
efficient use or compile statistics relating to the external trade
of Northern Ireland the Ministry may

(a)by notice in writing served on a person improving, maintaining or
managing a harbour, require him to furnish to the Ministry such
information or forecasts as may reasonably be specified in the
notice;

(b)by notice in writing served on a person carrying out at a
harbour, harbour operations of a particular description, not being
the person improving, maintaining or managing that harbour, require
him to furnish to the Ministry such information or forecasts
relating to harbour operations of that description carried out by
him at that harbour as may be so specified; or

(c)by notice in writing served on a person (other than a person
referred to in paragraph (a) or (b)) improving, maintaining or
managing a dock or wharf require him to furnish to the Ministry
such information or forecasts relating to that dock or wharf as may
reasonably be specified in the notice;

(2) A person who

(a)fails to satisfy an obligation to which he is subject by virtue
of subsection (1), unless he proves that he had reasonable excuse
for the failure; or

(b)in purported compliance with a requirement imposed under subsection
(1), gives any information which he knows to be false in a
material particular or makes a statement which he knows to be so
false or recklessly gives any information which is so false or
recklessly makes any statement which is so false;

Information in relation to grants and loans.

HARBOURS ACT (NORTHERN IRELAND) 1970 - SECT 29

29.(1) The Ministry may by notice require any person who has
received a grant or loan under this Act, and any person acting on
his behalf, to furnish to the Ministry such information, or to
produce for examination on behalf of the Ministry, such books,
records or other documents, as may be specified in the notice for
the purpose of enabling the Ministry to determine whether any
condition subject to which the grant or loan is made is satisfied
or is being complied with or whether the grant has become repayable
in whole or in part, or the loan has become repayable on terms
other than the terms on which it would otherwise have been
repayable, in accordance with any such condition.

(2) Subject to subsection (3), a notice under subsection (1) may
require the information to which it relates to be furnished within
such time as may be specified in the notice, and may require the
documents to which it relates to be produced at such time and
place as may be so specified.

(3) The time specified in a notice under subsection (1) for
furnishing any information or producing any document shall not be
earlier than the end of the period of twenty-eight days beginning
with the service of the notice.

(4) Any person duly authorised in that behalf by the Ministry may
for the purposes mentioned in subsection (1), on production (if so
required) of written evidence of his authority, at all reasonable
times enter and inspect any premises where any plant or equipment
in respect of which a grant or loan under this Act has been made
is, or in accordance with any condition attached to the grant or
loan should be, and require any person appearing to him to have
charge of those premises to produce or identify the plant or
equipment for inspection.

(5) Any person who in purported compliance with a notice under
subsection (1) knowingly or recklessly makes any statement or
produces any document which is false in a material particular shall
be guilty of an offence and liable

(a)on summary conviction to a fine not exceeding one hundred pounds,
or to imprisonment for a term not exceeding three months, or to
both;

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

(6) Any person who without reasonable excuse fails to comply with a
notice under subsection (1) shall be guilty of an offence and
liable on conviction to a fine not exceeding one hundred pounds.

(7) Any person who wilfully obstructs any person in the exercise of
a right of entry conferred by subsection (4), or without reasonable
excuse fails to comply with a requirement under that subsection,
shall be guilty of an offence and liable on summary conviction to
a fine not exceeding fifty pounds.

(8) Any person who without reasonable excuse fails to comply with
any condition subject to which a grant or loan was made to him
under this Act requiring him to inform the Ministry of any event
whereby the grant or loan becomes repayable in whole or in part or
the loan becomes repayable on terms other than the terms on which
it would have been repayable if the event had not occurred shall
be guilty of an offence and liable

(a)on summary conviction, to a fine not exceeding #300;

(b)on conviction on indictment, to a fine not exceeding #1,000 or
three times the amount so repayable, whichever is the greater.

(9) Summary proceedings for an offence under subsection (8) may be
instituted by the Attorney General or the Ministry at any time

(a)within the period of three years from the commission of the
offence; or

(b)within the period of twelve months from the date on which
evidence to justify a prosecution for the offence comes to the
knowledge of the Attorney General or the Ministry, as the case may
be;

(10) For the purposes of subsection (9) a certificate purporting to
be signed by the Attorney General as to the date on which such
evidence as aforesaid came to his knowledge or to the knowledge of
the Ministry shall be prima facie evidence thereof.

Accounts, &c., relating to harbour authorities.

HARBOURS ACT (NORTHERN IRELAND) 1970 - SECT 30

30.(1) An annual statement of accounts which

(a)relates to a harbour authority (whether or not it relates also
to another authority); and

(b)is, by virtue of a statutory provision made with respect to it,
required to be prepared by the authority;

(2) A harbour authority shall be under an obligation to comply with
such of the following requirements as it is not, by virtue of
other statutory provision made with respect to the authority, under
obligation to comply with, namely

(a)to prepare an annual statement of accounts relating to the
authority;

(b)to send to the Ministry a copy of each such annual statement;

(c)to send to the Ministry a copy of the auditors' report upon
each such annual statement.

(3) No regulation under subsection (1) shall be taken to require
the doing of anything in contravention of any requirement imposed by
[the Companies Act (Northern Ireland) 1960] [the Companies Acts
(Northern Ireland) 1960 and 1978] with respect to the form, contents
or manner of compilation of accounts.

(4) Regulations under this section may be made so as to apply to
a particular harbour authority.

HARBOURS ACT (NORTHERN IRELAND) 1970 - SECT 31
Borrowing by harbour authorities.

31.(1) The purposes for which a harbour authority may borrow money
under any statutory provision shall include the following:

(a)meeting any expenses properly chargeable to capital;

(b)acquiring a business or undertaking or part of a business or
undertaking in the exercise of powers conferred by section 24 or
any other statutory provision;

(c)subscribing for or acquiring any securities (within the meaning of
that section) of a body corporate in the exercise of such powers
as are mentioned in paragraph (b).

(2) So much of any statutory provision of local application as
limits the rate of interest at which a harbour authority may borrow
money shall cease to have effect.

HARBOURS ACT (NORTHERN IRELAND) 1970 - SECT 32
Over-riding of limits on borrowing powers of harbour authorities.

32. Where the Ministry is satisfied

(a)that expenditure incurred or to be incurred by a harbour
authority for any purpose for which the authority may borrow money
should be met by borrowing and repayment spread over a term of
years; and

(b)that the borrowing would exceed any limit imposed by any
enactment passed before 20th December 1956 on the borrowing powers
of the authority;

Miscellaneous financial provisions.

HARBOURS ACT (NORTHERN IRELAND) 1970 - SECT 33

33.(1) Where

(a)the Ministry recommends that the whole or any part of the
principal or interest of a loan made under this Act should be
written off by reason that it not likely to be recovered; and

(b)the Ministry of Finance directs that the amount is to be written
off;

(2) Any amount which is repayable to the Ministry under this Act
may, without prejudice to any other means of recovery, be
recoverable by deduction from any grant or other sum payable out of
money provided by Parliament or the Consolidated Fund by a
government department to the person from whom the amount is due,
and that grant or sum shall be abated accordingly.

Subs.(3) rep. by SLR 1976

(4) The Ministry of Finance may issue out of the Consolidated Fund
to the Ministry such sums as are necessary to enable the Ministry
to make loans under section 2 or grants under section 3.

(5) For the purpose of providing sums to be issued under subsection
(4), the Ministry of Finance may borrow money.

(6) Money borrowed under subsection (5) shall be repaid within sixty
years from the date of borrowing and provision for the repayment
may be made out of money provided by Parliament.

S.34, with Schedule 5, effects amendments

S.35 rep. by 1971 c.13 (NI) s.86(5) sch.12 Pts.I,II

HARBOURS ACT (NORTHERN IRELAND) 1970 - SECT 36
Transitional provisions and repeals.

36.(1) Nothing in this Act shall prejudice or affect any right of
the Ministry to recover money lent under any Act repealed by this
Act or to enforce any covenant, condition or other provision in any
instrument executed as security for, or in connection with, the
loan.

Subs.(2), with Schedule 6, effects repeals

HARBOURS ACT (NORTHERN IRELAND) 1970 - SECT 37
Saving for telegraphic lines.

37. The reference in section 6 of the Telegraph Act 1878
(establishment of telegraphic lines on certain undertakings) to an
Act of Parliament passed after 1st January 1878 shall be construed
as including references to a harbour order and the reference in
section 7 of that Act (which makes provision as to work done in
the execution of certain undertakings which involves alteration in
telegraphic lines) to an Act of Parliament shall be similarly
construed.

HARBOURS ACT (NORTHERN IRELAND) 1970 - SECT 38
Interpretation.

38.(1) In this Act

"Act" includes an Act of the Parliament of the United Kingdom;

"charges" includes fares, rates, tolls and dues of every description;

"dock" means a dock used by sea-going ships;

"expenses", in relation to the provision by any person of plant or
equipment includes

(a)expenses on or incidental to its installation;

(b)expenses consisting of instalments under a hire purchase agreement
or otherwise consisting of instalments of or payments towards the
purchase price of or cost of providing it;

(c)where it is being provided by being manufactured or constructed
by that person, such sum as appears to the Ministry to be properly
attributable to its provision in that manner;

"fish" includes molluscs and crustaceans;

"goods" includes fish, livestock and animals of all descriptions;

"harbour" means any harbour, whether natural or artificial, and any
port, haven, estuary, tidal or other river or inland waterway
navigated by sea-going ships, and includes any dolphins, a dock, a
wharf and a hoverport;

"harbour authority" means any person in whom are vested under this
Act, or by or under another Act, functions of improving, maintaining
or managing a harbour;

"harbour land" means land adjacent to a harbour and occupied wholly
or mainly for the purposes of activities there carried on;

"harbour order" has the meaning assigned to it by section 1;

"harbour operations" means

(a)the berthing or dry docking of a ship;

(b)the warehousing, sorting, weighing or handling of goods on harbour
land or at a wharf;

(c)the movement of goods or passengers within the limits within
which the person engaged in improving, maintaining or managing a
harbour has jurisdiction or on harbour land;

(d)in relation to a harbour (which for the purposes of this
paragraph does not include a wharf)

(i)the towing or moving of a ship which is in or is about to
enter or has recently left the harbour;

(ii)the loading or unloading of goods, or embarking or disembarking
of passengers, in or from a ship which is in the harbour or the
approaches thereto;

<(iii)the lighterage or handling of goods in the harbour; and

(e)in relation to a wharf,

(i)the towing or moving of a ship to or from the wharf;

(ii)the loading or unloading of goods, or the embarking or
disembarking of passengers, at the wharf in or from a ship;

"high water mark" means the level of mean high water springs;

"hovercraft" means a vehicle which is designed to be supported when
in motion wholly or partly by air expelled from the vehicle to
form a cushion of which the boundaries include the ground, water or
other surface beneath the vehicle;

"hoverport" means any area of land or water designed, equipped, set
apart or commonly used for affording facilities for the arrival and
departure of sea-going hovercraft;

"the Ministry" has the meaning assigned by section 1;

"pension benefit" includes a gratuity, and any reference to a
pension benefit includes a reference to an expectation of the
accruer of such a benefit under a customary practice;

"plant or equipment" includes vessels;

"ship", where used as a noun, includes every description of vessel
used in navigation, seaplanes on the surface of the water and
hovercraft;

"ship, passenger and goods dues" means, in relation to a harbour,
charges of any of the following kinds, namely

(a)charges in respect of any ship for entering, using or leaving
the harbour, including charges made on the ship in respect of
marking or lighting the harbour;

(b)charges for any passengers embarking or disembarking at the
harbour (but not including charges in respect of any services
rendered or facilities provided for them); and

(c)charges in respect of goods brought into, taken out of, or
carried through the harbour by ship (but not including charges in
respect of work performed, services rendered or facilities provided
in respect of goods so brought, taken or carried);

"statutory functions" means, in relation to a harbour authority,
functions vested in it under this Act, by another Act or by an
order or other instrument made under another Act;

"statutory provision" means a provision, whether of a general or a
special nature, contained in, or in a document made or issued
under, this Act or any Act (whether of a general or of a special
nature) other than this Act;

"vessel" has the same meaning as in the Harbours, Docks and Piers
Clauses Act 1847 except that it includes a sea-going hovercraft;

"wharf" means any wharf, quay, pier, jetty or other place at which
sea-going ships can ship or unship goods or embark or disembark
passengers.

(2) Any references in this Act to a provision of the Harbours
Docks and Piers Clauses Act 1847 is a reference to that provision
both as originally enacted and as incorporated in any Act or order.

HARBOURS ACT (NORTHERN IRELAND) 1970 - SECT 39
Power to amend Acts of local application.

39.(1) The Ministry may, subject to the provisions of this section,
by order repeal or amend any provision relating to a harbour which
is contained in a local Act passed before this Act, where it
appears to it that the provision is inconsistent with, or has
become unnecessary in consequence of, any provision of this Act.

(2) The Ministry shall not make an order under this section
repealing or amending any provision in a local Act the Bill for
which was promoted by a harbour authority or by any body which
became a harbour authority by virtue of the Act or order or whose
functions under the Act or order have become exercisable by a
harbour authority, except on the application of that authority.

(3) Before making an order under this section the Ministry shall
consult with any harbour authority which appears to the Ministry to
be concerned, not being an authority by which an application for
the making of the order was made.

HARBOURS ACT (NORTHERN IRELAND) 1970 - SECT 40
Saving for private Bills.

40. For the purposes of the promotion of a Bill containing
provision for achieving any object that might be achieved by a
harbour order, it shall be deemed, notwithstanding the passing of
this Act, that that object cannot be attained without new authority
from Parliament.

HARBOURS ACT (NORTHERN IRELAND) 1970 - SECT 41
Short title.

41. This Act may be cited as the Harbours Act (Northern Ireland)
1970.

1. Establishing a harbour authority and conferring functions on it.

2. Winding-up and dissolving a harbour authority.

3. Transferring functions from one harbour authority to another or
to a body constituted by or specified in the order.

4. Reconstituting a harbour authority or altering its constitution.

5. Conferring functions on a harbour authority or varying or
abolishing the functions of an authority.

6. Abandoning a harbour.

7. Regulating the procedure of a harbour authority or of any
committee of a harbour authority.

8. Settling or varying the limits within which a harbour authority
is to exercise its functions.

9. Controlling the movement of ships, in the interests of safety
and the uninterrupted movement of ships, in one or more harbours
and in the approaches to one or more harbours.

10. Constructing, reconstructing, improving, maintaining or managing a
harbour.

11. Marking or lighting a harbour, raising wrecks in a harbour or
otherwise making safe the navigation of a harbour.

12. Regulating the carrying out by any person of harbour operations
or any activities on harbour land.

13. Authorising the making of byelaws with respect to any matter.

14. Amending or repealing any statutory provision of local
application affecting a harbour.

15. Securing the welfare of persons employed by a harbour authority
and empowering the provision of pension benefits in respect of them.

1. Provisions transferring property from one harbour authority to
another or from a person carrying on harbour operations to a
harbour authority.

2. Provisions transferring persons in the employment of a harbour
authority to the employment of another and provisions preserving
pension benefits in respect of employees or former employees of the
authority.

3. Provisions dissolving any body of constables maintained by a
harbour authority and with respect to the appointment, dismissal and
functions of constables in relation to a harbour.

4. Penal provisions.

5. Provisions for the settlement of disputes.

1. The designation of areas, routes or channels which ships are to
use, or refrain from using, for movement or anchoring.

2. The person who may give directions under the order in relation
to the movement of ships.

3. The equipment by means of which provisions of an order relating
to the movement of ships are to be put into effect and the
qualifications of persons operating the equipment.

4. The equipment which a ship must carry in order to enter the
harbour when visibility is restricted and the radiotelephone equipment
which a ship must carry in order to enter the harbour, being
equipment and radiotelephone equipment which satisfies standards or
requirements laid down or recommended by or under any international
convention or conference.

5. The conferring of powers of entry and inspection in relation to
premises, vehicles, ships or aircraft in or on which there is any
such equipment as is referred to in paragraph 3 or 4.

6. The payment of fees in connection with the inspection or testing
of any such equipment as is referred to in paragraph 3 or 4.

7. The application, subject to modifications, of section 2 of the
Merchant Shipping (Liability of Shipowners and Others) Act 1900 to
any person by whom provisions of an order relating to the movement
of ships are administered and otherwise with respect to the
liability of any such person arising out of the execution of those
provisions.

1.(1) Where a local harbour authority constructs, alters or extends
any tidal work in contravention of section 11(1) or of any
condition imposed under section 11(2), an appropriate department may

(a)by notice in writing require the authority at its own expense to
remove the work and to restore the site of the work to the
condition in which it was before the contravention; or

(b)remove the work and restore the site of the work to the
condition specified in paragraph (a).

(2) Where a local harbour authority does not comply with a notice
under sub-paragraph (1)(a) within a period of thirty days from the
date on which an appropriate department served the notice, the
department may remove any such work as is specified in that
sub-paragraph and restore the site of the work to the condition
specified in that sub-paragraph.

(3) Where an appropriate department incurs any expenditure in
pursuance of sub-paragraph (1) or (2), it may recover the amount of
that expenditure from the responsible harbour authority as if it
were a debt due under a contract.

(4) In this paragraph and in paragraph 2 "responsible harbour
authority" means the local harbour authority which, in relation to a
tidal work, has contravened section 11(1) or a condition imposed
under section 11(2).

2.(1) Where a local harbour authority abandons any tidal work, or
allows it to fall into disrepair, an appropriate department may by
notice in writing require the authority at its own expense

(a)to repair and restore the work;

(b)to remove the work and to restore the land on which it is
constructed to the condition in which the land was before the work
was constructed.

(2) Where

(a)a local harbour authority abandons any work consisting of a tidal
work and of other work or allows a work so consisting to fall
into disrepair; and

(b)an appropriate department is satisfied that any part of the work
which is not a tidal work is in such a condition as to interfere
with or to cause reasonable apprehension that it may interfere with,
navigation or public rights over the foreshore;

(3) Where a local harbour authority does not comply with a notice
under sub-paragraph (1), within a period of thirty days from the
date on which an appropriate department served the notice, the
department may execute such works of repair, restoration or removal
as are necessary to comply with the notice.

(4) Where an appropriate department incurs any expenditure in
pursuance of sub-paragraph (3), it may recover the amount of that
expenditure from the responsible harbour authority as if it were a
debt due under a contract.

3.(1) Where any tidal work in the harbour of a local harbour
authority is damaged or decays, the authority shall

(a)forthwith notify the Commissioners of Irish Lights;

(b)lay down such buoys, exhibit such lights and take such other
steps to prevent any danger to navigation, as those Commissioners
may specify.

(2) If a local harbour authority contravenes sub-paragraph (1), it
shall be guilty of an offence and liable

(a)on summary conviction thereof, to a fine not exceeding one
hundred pounds;

(b)on conviction on indictment, to a fine.

4.(1) An appropriate department may cause a survey and examination
to be made

(a)of any tidal work; and

(b)of the land upon which it is proposed to construct any such
work.

(2) Where an appropriate department incurs any expenditure in
pursuance of sub-paragraph (1), it may recover the amount of that
expenditure from the local harbour authority which proposes to
construct, alter or extend the work in question as if it were a
debt due under a contract.

5.(1) A local harbour authority shall, while a tidal work is being
constructed, altered or extended

(a)exhibit, at or near the work, every night from sunset to sunrise
such lights as an appropriate department may specify;

(b)take such steps to prevent any danger to navigation as an
appropriate department may specify.

(2) A local harbour authority shall, in relation to any tidal work,
after the work is completed

(a)exhibit every night from sunset to sunrise such lights as the
Commissioners of Irish Lights may specify, at such places as may be
so specified;

(b)take such steps to prevent any danger to navigation as those
Commissioners may specify.

(3) If a local harbour authority contravenes sub-paragraph (1) or
(2), it shall be guilty of an offence and liable

(a)on summary conviction thereof, to a fine not exceeding one
hundred pounds;

(b)on conviction on indictment, to a fine.

6. In this Schedule "an appropriate department" means the Board of
Trade or the Ministry.

1. References to a vesting order made under section 22 of the
Local Government Act (Northern Ireland) 1934 or to the powers
conferred by that section shall be construed as references to a
vesting order made under, or the powers conferred by, section 26,
respectively.

2. References to the Ministry of Development or to a local
authority shall be construed as references to the Ministry of
Commerce or a harbour authority respectively.

3. Subject to paragraph 1, the references to section 22 of, or
Schedule 2 to, that Act shall be construed as references
respectively to that section or Schedule as applied by section 26
and modified by this Schedule.

4. In paragraph 27 of that Schedule, the reference to the area of
a local authority shall be construed as a reference to the locality
where the land is situated.

5.(1) In paragraph 28 of that Schedule, for the definition of
"land" there shall be substituted the definition contained in section
45(1)(a) of the Interpretation Act (Northern Ireland) 1954.

(2) In that Schedule "estate" shall have the meaning assigned by
section 45(2) of the said Act of 1954.

6. Where an application is made to the Ministry for a vesting
order in respect of a lesser estate than a fee simple or the
Ministry makes such an order, section 22(2) of and Schedule 2 to
the said Act of 1934 shall have effect with such modifications as
may be necessary to enable that estate to be acquired by means of
the vesting order and to enable compensation in respect thereof to
be duly paid or discharged and shall have effect as if for the
first paragraph of paragraph 6 of that Schedule there were
substituted the following:

"6. A vesting order shall operate, without further assurance, to
vest in the harbour authority, as from the date on which the
vesting order becomes operative (in this Schedule referred to as
"the date of vesting") all such estates in, to or over the land
to which the order relates as are specified in the order, freed
and discharged from all the estates of any other person whomsoever
therein except as is specified in the order, and the rights and
claims of any such other person in respect of the estate so
vested, shall as from the date of vesting, be transferred and
attached to the extent to which compensation may be payable in
accordance with this Schedule to the rate or funds of the harbour
authority out of which the expenses of the authority in acquiring
the land are to be defrayed (in this Schedule referred to as "the
compensation fund") and shall be discharged by payments made out of
the compensation fund.".

Schedule 5Amendments. Schedule 6Repeals