[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Statutes of Northern Ireland
You are here: BAILII >> Databases >> Statutes of Northern Ireland >> URL: http://www.bailii.org/nie/legis/num_act/hta1862208.txt

[New search] [Help]

HARBOURS TRANSFER ACT 1862

HARBOURS TRANSFER ACT 1862 - LONG TITLE

An Act for transferring from the Admiralty to the Board of Trade
certain Powers and Duties relative to Harbours and Navigation under
Local and other Acts; and for other Purposes.
[29th July 1862]
Short title.

HARBOURS TRANSFER ACT 1862 - SECT 1

1. This Act may be cited as "The Harbours Transfer Act, 1862."

S.2 rep. by SLR 1893. Ss.3, 4 rep. by SLR 1964

Consent, &c. of Board of Trade as to harbour works on tidal lands,
lifeboats, &c. under 1847 c.27.

HARBOURS TRANSFER ACT 1862 - SECT 5

5. With respect to any special Act that may be passed after the
end of the present session of Parliament, the following sections of
the Harbours, Docks, and Piers Clauses Act, 1847, and all provisions
relative thereto in that Act or in any such future special Act
contained, shall be read and construed as if the Board of Trade
were named in the said sections instead of the Admiralty; namely,
sections twelve, thirteen, sixteen, eighteen, and nineteen.

Consent and approval of Board of Trade to Railway works on tidal
lands under 1845 c.20.

HARBOURS TRANSFER ACT 1862 - SECT 6

6. With respect to any special Act that may be passed after the
end of the present session of Parliament, section seventeen of the
Railways Clauses Consolidation Act, 1845, ..., and all provisions
relative thereto in the said Acts or in any such future special
Act contained, shall be read and construed as if the Board of
Trade were named in the said sections instead of the Admiralty.

Plans, &c. to be deposited with Board of Trade under 1860 c.152
s.41.

HARBOURS TRANSFER ACT 1862 - SECT 7

7. With respect to applications made under the Tramways (Ireland)
Act, 1860, section forty-one of that Act shall be read as if the
Board of Trade were therein named instead of the Admiralty.

Powers for protection of navigation, &c. under local Acts for
railways and other works on tidal lands, &c. to be exercised by
Board of Trade.

HARBOURS TRANSFER ACT 1862 - SECT 8

8. Where any special or local or local and personal Act, or Act
of a local or local and personal nature, already passed or to be
passed before the end of the present session of Parliament,

(1)Authorizing or regulating the construction of a railway, or the
execution of any work whatever, situate on or affecting tidal lands,
or the shore of the sea or of any navigable river, where and so
far up the same as the tide flows and reflows; or,

(2)Authorizing or regulating the construction or improving of a
harbour, dock, or pier, or works connected therewith, by any
company, body corporate, commissioners, trustees, undertakers, persons
or person; or,

(3)Constituting or altering or regulating the constitution of any
harbour or conservancy authority; or,

(4)Altering or regulating the powers or duties of any harbour or
conservancy authority,

For preventing the construction or execution of any work or the
doing of any thing without the consent or approval of the
Admiralty, or for authorizing or requiring any work to be
constructed, executed, or maintained or any thing to be done with
the consent or on the requisition or to the satisfaction of the
Admiralty:

For empowering the Admiralty to exercise any authority concerning
lifeboats, mortars, rockets, tide gauges, or barometers to be
provided by any undertakers:

For empowering the Admiralty to make a local survey or examination
at the expense of any company, body, or person:

For empowering the Admiralty, in case of any work being abandoned
or suffered to fall into disuse or decay, or in any other case,
to abate, remove, or alter any work or any part of it, or restore
the site thereof to its former condition at the like expense:

For empowering the Admiralty to exercise any authority concerning
lights to be maintained at night during the construction or
execution of any work:

For empowering the Admiralty or the First Lord of the Admiralty to
nominate or appoint a member or members of any board or body of
trustees, commissioners, or conservators, or of any harbour or
conservancy authority:

For empowering the Admiralty to determine any dispute or difference
between or among any bodies or persons:

For empowering the Admiralty or the First Lord of the Admiralty to
nominate or appoint any arbitrator, referee, or umpire, or any
engineer, inspector, or officer, or any person to fill any place or
discharge any duty under such Act:

Then such Acts and all enactments relative thereto shall be read
and construed as if in the respective provisions aforesaid the Board
of Trade were named instead of the Admiralty, and the President of
the Board of Trade instead of the First Lord of the Admiralty.

HARBOURS TRANSFER ACT 1862 - SECT 9
Power to Admiralty to retain authority over ports, &c. where
dockyards, &c. are situate.

9. Provided always, that where it appears to the Admiralty that the
interests of Her Majesty's Naval Service require that the whole or
any part of any harbour, port, bay, estuary, or navigable river in,
on, or adjoining to which there is or shall be any of Her
Majesty's dockyards, victualling yards, steam factory yards, arsenals,
or naval stations, should be excepted, either entirely or in some
respects out of the operation of the last foregoing section, the
Admiralty may give notice in writing to the Board of Trade that
any such harbour, port, bay, estuary, or navigable river as
aforesaid, or such part thereof as is in the notice specified, is
to be deemed so excepted, either entirely or in the respects
therein mentioned; and every such notice shall be published by the
Admiralty in the ... [Belfast Gazette]; and thereupon the harbour,
port, bay, estuary, or navigable river to which such notice relates,
or the part thereof therein specified, shall, either entirely or in
the respects therein mentioned, as the case may require, be and
remain as if this Act had not been passed; but any such notice
may be from time to time varied or at any time revoked by a like
notice published in like manner.

Ss.11, 12 rep. by SLR 1875

HARBOURS TRANSFER ACT 1862 - SECT 13
Board of Trade to furnish to Admiralty information as to
applications for provisional orders.

13. In each year, not later than the seventh day of January, the
Board of Trade shall furnish to the Admiralty a list of all
applications for provisional orders under the last-mentioned Acts then
pending, with a short statement of the nature of the works for the
construction whereof powers are sought by such proposed provisional
orders respectively.

HARBOURS TRANSFER ACT 1862 - SECT 14
Provisions of same Act made applicable to Board of Trade.

14. The following sections of the General Pier and Harbour Act,
1861, Amendment Act, and all provisions relative thereto in any
other Act or in any provisional order of the Board of Trade
contained, shall be read and construed as if the Board of Trade
were named in the said sections instead of the Admiralty; namely,
sections seven, eight, nine, ten, and eleven.

S.15 rep. by 1949 c.74 s.48 sch.3

Provisions as to ballast to be administered by Board of Trade.

HARBOURS TRANSFER ACT 1862 - SECT 16

16. Sections fourteen and sixteen of the Harbours Act 1814 and all
provisions in the said Act contained relative thereto, shall be read
and construed as if the Board of Trade were named in the said
sections instead of the Admiralty.

Prerogative of Crown and general conservancy powers of Admiralty.

HARBOURS TRANSFER ACT 1862 - SECT 18

18. Nothing in this Act shall affect

(1)Any estate, right, title, interest, prerogative, royalty,
jurisdiction, or authority of or belonging to Her Majesty the Queen,
in right of her Crown, or of her office of Admiral, or otherwise:

(2)Any right, duty, power, jurisdiction, or authority vested in or
performed or exercised by, or capable of being performed or
exercised by, the Lord High Admiral of the United Kingdom, or the
Commissioners for executing the office of Lord High Admiral,
otherwise than under or by virtue of the several Acts and parts of
Acts herein-before expressly mentioned or referred to.

HARBOURS TRANSFER ACT 1862 - SECT 19
Acts done and contracts made under provisions of former Acts not to
be prejudically affected.

19. Nothing in this Act shall prejudicially affect

(1)Any purchase, sale, conveyance, covenant, contract, deed, act, or
thing which before the passing of this Act has been or before the
respective days whereon the several provisions of this Act commence
and take effect shall be made, entered into, executed, or done
under or by virtue of any Act or part of an Act hereinbefore
expressly mentioned or referred to; and the same respectively shall
continue in as full force and be as valid and effectual as if
this Act had not been passed, the Board of Trade being only
substituted for the Admiralty:

(2)Any debt or money demand, or any right or cause of action or
suit, or other remedy of, for, or against the Admiralty or any
other body or person; and the same shall and may be paid,
discharged, enjoyed, used, or exercised, as if this Act had not
been passed, the Board of Trade being only substituted for the
Admiralty:

Subs.(3) rep. by SLR 1893; subs.(4) rep. by SLR 1875

Ss.20, 21 rep. by SLR (NI) 1954. S.22 rep. by SLR 1875