PART IPRELIMINARY

Citation and commencement

1. This Order may be cited as the Sealink (Transfer of Heysham Harbour)Harbour Revision Order 1991 and shall come into force on 23rd May 1991.

Interpretation

2.-(1) In this Order, unless the context otherwise requires-

• "the Act of 1894" means the Merchant Shipping Act 1894(3);

• "the Company" means Heysham Port Limited;

• "the day of transfer" means the day after the day on which expires a period of four weeksbeginning with the day on which this Order comes into force;

• "dredging licence" means a licence under article 21 of this Order;

• "enactment" means any Act or any order or scheme made under an Act;

• "Heysham Harbour" means the harbour of Heysham as regards which there are vested inSealink immediately before the day of transfer statutory powers orduties of improvement, maintenance or management;

• "level of high water" means the level of mean high-water springs;"operator" and"telecommunications code system" have the same meaning as in the Telecommunications Act 1984(4);

• "Sealink" means Sealink Harbours Limited;

• "statutory undertaker" means-

  (a)

  any person who is a statutory undertaker for any of the purposes ofthe Town and Country Planning Act 1990(5);

  (b)

  any other person who exercises functions under the Land DrainageAct 1976(6);

  (c)

  a coast protection authority within the meaning of section 1 of theCoast Protection Act 1949(7); or

  (d)

  any operator of a telecommunication code system;

• "tidal work" means so much of any work for the time being vested in the Companyas is on, under or over tidal waters or tidal lands below the level ofhigh water including any such work transferred to the Company by thisOrder;

• "the transferred harbour" means Heysham Harbour;

• "Trinity House" means the Corporation of Trinity House of Deptford Strond;

• "works licence" means a licence under article 20 of this Order.

(2) In this Order a reference to the undertaking of Sealink at thetransferred harbour is a reference to the powers, duties, property,rights and liabilities of Sealink in relation to that harbour which aretransferred by this Order.

PART IITRANSFER OF SEALINK'S UNDERTAKING AT HEYSHAM HARBOUR

Designation of Company as harbour authority

3. On the day of transfer the Company shall become the harbourauthority for the transferred harbour and Sealink shall cease to be theharbour authority for that harbour.

Transfer of functions, property etc.

4.-(1) On the day of transfer all property and rights vested in Sealink andheld by it for the purposes of the transferred harbour and allliabilities incurred by it for the purposes of the transferred harbourshall be transferred to and vested in the Company.

(2) Subject to the provisions of this Order, on the day of transfer thepowers and duties conferred or imposed on Sealink by any statutoryprovision of local application applied in relation to it by the Schemedated 27th October 1981 made by Sealink U.K. Limited pursuant to section2 of the Transport Act 1981(8) and approved by the Secretary of State withmodifications on 5th July 1982 read with Schedule 4 to the Transport Act(9) as applied by the said section 2 (subject to any subsequentrepeal or amendment of any such statutory provision), or by anyenactment subsequent to that Scheme, for the purpose of, or inconnection with, the improvement, maintenance or management of thetransferred harbour shall be transferred to the Company and accordinglyas from that day any such statutory provision of local applicationshall, so far as it relates to the transferred harbour and with anynecessary modifications, apply in relation to the Company as if forreferences to Sealink there were substituted (unless the contextotherwise requires) references to the Company.

Saving of byelaws etc.

5. As from the day of transfer any byelaw, regulation, licence orconsent made, issued or granted by Sealink in relation to thetransferred harbour and in force immediately before that day shallnotwithstanding the making of this Order continue in force and shall bedeemed to have been made, issued or granted by the Company.

Saving of agreements etc.

6. All sales, conveyances, leases, grants, assurances, deeds,contracts, bonds, agreements, notices and demands affecting theundertaking of Sealink at the transferred harbour and in forceimmediately before the day of transfer (other than any lease or deed theparties to which include both Sealink and the Company) shall (in so faras they relate to that undertaking) on and from that day be as bindingand of as full force and effect in every respect and may be enforced asfully and effectively against or in favour of the Company as if (exceptin any case where the Company as agent for Sealink is already a partythereto, or bound thereby or entitled to the benefit thereof) theCompany instead of Sealink had been a party thereto or bound thereby orentitled to the benefit thereof.

Continuance of proceedings

7. Nothing in this Order shall release, discharge or suspend anyaction, arbitration or other proceeding, or any cause of action,arbitration or other proceeding, pending or existing immediately beforethe day of transfer by or in favour of or against Sealink or by or infavour of or against the Company as agent for Sealink, in relation toSealink's undertaking at the transferred harbour and any such action,arbitration or proceeding or cause of action, arbitration or proceeding(other than an action, arbitration or proceeding which is or may be anissue between Sealink and the Company or Sea Containers Ltd.) may bemaintained, prosecuted or continued by or in favour of or against theCompany and may be amended in such manner as may be necessary for thatpurpose.

Charges

8.-(1) On and after the day of transfer the Company shall in the exerciseof statutory powers and duties at the transferred harbour, have power tomake such reasonable charges for its services and facilities as itthinks fit.

(2) This article does not apply in relation to-

(a)ship, passenger and goods dues; or

(b)charges ascribable to the running of a ferry service in or from aharbour;

and does not authorise the making of any charge in a case where anenactment relating to the transferred harbour expressly provides forfreedom from charges or otherwise prohibits the making of any charge.

(3) The provisions of sections 27 to 48 of the Harbours, Docks and PiersClauses Act 1847(10) (which provide for various matters connected withliabilities for and collection of the rates to be taken by undertakers)as incorporated with or applied by any enactment relating to thetransferred harbour apply to charges under this article as if they wererates payable under that enactment.

PART IIINEW PROVISIONS RELATING TO THE COMPANY AT THE TRANSFERRED HARBOUR

Coming into force of new provisions

9. The subsequent provisions of this Part of this Order shall haveeffect on and after the day of transfer.

Works in the transferred harbour

10.-(1) The Company, subject to obtaining the necessary rights in or overland, may execute, place, maintain and operate in and over thetransferred harbour such works and equipment as are required for or inconnection with the exercise by it of any of its functions and mayalter, renew or extend any works so constructed or placed.

(2) In the exercise of the powers of this article the Company shallnot-

(a)interfere with or damage or otherwise injuriously affect anyapparatus belonging to or maintained by any statutory undertaker; or

(b)do anything which will obstruct or impede any work relating to theinspection or repair of any such apparatus;

without the consent of the statutory undertaker concerned.

(3) In this article"works" means works of any description, and includes the reclamation ofland reasonably required for the purpose of executing works.

Power to dredge

11.-(1) The Company may deepen, widen, dredge, scour and improve the bed andforeshore of the transferred harbour and of the approaches to thetransferred harbour and may blast any rock within the transferredharbour or in such approaches.

(2) Any materials (other than wreck within the meaning of Part IX of theAct of 1894) taken up or collected in the course of such operationsshall be the property of the Company and may be used, sold, removed,deposited or otherwise disposed of as the Company may think fit:

Provided that the Company shall not lay down or deposit any materials ina place below the level of high water except in such position as theSecretary of State may approve and subject to such conditions orrestrictions as he may impose.

(3) Paragraph (2) of article 10 of this Order shall apply in relation tothe exercise by the Company of the powers of this article as it appliesin relation to the exercise by the Company of the powers of the saidarticle 10.

Tidal works not to be executed without approval of Secretary ofState

12.-(1) A tidal work shall not be constructed, extended, enlarged, altered,replaced or relaid except in accordance with plans and sections approvedby the Secretary of State and subject to any conditions and restrictionsimposed by him before the work is begun.

(2) If a tidal work is constructed, extended, enlarged, altered,replaced or relaid in contravention of this article or of any conditionor restriction imposed under it-

(a)the Secretary of State may by notice in writing require the Companyat its own expense to remove the tidal work or any part thereof andrestore the site to its former condition; and if, at the end of 30 daysfrom the date when the notice is served upon the Company it has failedto comply with the requirements of the notice, the Secretary of Statemay execute the work specified in the notice; or

(b)if it appears to the Secretary of State urgently necessary to doso, he may remove the tidal work, or part of it, and restore the site toits former condition;

and any expenditure so incurred by the Secretary of State shall berecoverable from the Company.

Lights on tidal works during construction

13.-(1) The Company shall at or near a tidal work during the whole time ofthe construction, extension, enlargement, alteration, replacement orrelaying thereof, exhibit every night from sunset to sunrise suchlights, if any, and take such other steps for the prevention of dangerto navigation as the Secretary of State shall from time to time direct.

(2) If the Company fails to comply with any requirement of a directiongiven under this article it shall be guilty of an offence and liable onsummary conviction to a fine not exceeding the statutory maximum and onconviction on indictment to a fine:

Provided that it shall be a defence for the Company to prove that all due diligence was used to secure compliance with any such direction.

Provision against danger to navigation

14.-(1) In the case of injury to, or destruction or decay of, a tidal workor any part thereof the Company shall as soon as reasonably practicablenotify Trinity House and shall lay down such buoys, exhibit such lightsand take such other steps for preventing danger to navigation as TrinityHouse may from time to time direct.

(2) If the Company fails to notify Trinity House as required by thisarticle or to comply with any requirement of a direction under it theCompany shall be guilty of an offence and liable on summary convictionto a fine not exceeding the statutory maximum and on conviction onindictment to a fine.

Abatement of works abandoned or decayed

15.-(1) Where a tidal work is abandoned, or suffered to fall into decay, theSecretary of State may by notice in writing require the Company at itsown expenses either to repair and restore the work or any part thereof,or to remove the work and restore the site thereof to its formercondition, to such an extent and within such limits as he thinks fit.

(2) Where-

(a)a work consisting partly of a tidal work and partly of works on andover land above the level of high water is abandoned or suffered to fallinto decay; and

(b)that part of the work on or over land above the level of high wateris in such a condition as to interfere, or to cause reasonableapprehension that it may interfere, with the right of navigation orother public rights over the foreshore;

the Secretary of State may include that part of the work, or anyportion thereof, in any notice under this article.

(3) If, at the end of 30 days from the date when a notice under thisarticle is served upon the Company it has failed to comply with therequirements of the notice, the Secretary of State may execute the workspecified in the notice and any expenditure incurred by him in so doingshall be recoverable from the Company.

Survey of tidal works

16. If he deems it expedient, the Secretary of State may at any timeorder a survey and examination of a tidal work or of the site upon whichit is proposed to construct the work, and any expenditure incurred byhim in any such survey and examination shall be recoverable from theCompany.

Permanent lights on tidal works

17.-(1) After the completion of a tidal work the Company shall at the outerextremity thereof exhibit every night from sunset to sunrise suchlights, if any, and take such other steps, if any, for the prevention ofdanger to navigation as Trinity House may from time to time direct.

(2) If the Company fails to comply in any respect with a direction givenunder this article it shall be guilty of an offence and liable onsummary conviction to a fine not exceeding the statutory maximum and onconviction on indictment to a fine:

Provided that it shall be a defence for the Company to prove that all due diligence was used to secure compliance with any such direction.

Restriction of works and dredging

18.-(1) Subject to paragraph (3) below, no person other than the Companyshall-

(a)construct, alter, renew or extend any works; or

(b)dredge;

on, under or over tidal waters or tidal land below the level of highwater in the transferred harbour unless he is licensed so to do, in thecase of works by a works licence and in the case of dredging by adredging licence, nor except upon the terms and conditions, if any, uponwhich the licence is granted and in accordance with plans, sections andparticulars approved in pursuance of article 20 or, as the case mayrequire, article 21, of this Order.

(2) The Company may by notice require a person who contravenes thisarticle to remove, abate or rectify, within a reasonable time specifiedin the notice, any work, operation or omission to which thecontravention relates, and to restore the site thereof to its formercondition; and if he fails to comply with the notice the Company maycarry out the works so required and may recover the reasonable cost ofso doing from that person.

(3) Nothing in this article shall apply to-

(a)any operations or works specifically authorised by any enactment;or

(b)any operations or works of a statutory undertaker.

(4) Any person who without reasonable excuse contravenes this articleshall be guilty of an offence and liable on summary conviction to a finenot exceeding level 3 on the standard scale.

Control of certain operations and works of statutory undertakers

19.-(1) This article applies to any operations or works in the transferredharbour of a statutory undertaker on, under or over tidal waters ortidal land below the level of high water in the transferred harbour, notbeing operations or works which are specifically authorised by anyenactment.

(2) Subject to paragraph (3) below, a statutory undertaker shall notcarry out any operations or works to which this article applies unlessit has given notice of its intention to do so to the Company and hassupplied the Company with such particulars as it may reasonablyrequire.

(3) Where, in an emergency, it is impracticable to give notice asrequired by paragraph (2) above, the statutory undertaker concernedshall inform the Company of the operations or works as soon asreasonably practicable.

(4) Any operations or works to which this article applies shall becarried out subject to any directions which may from time to time begiven by the Company to the statutory undertaker concerned, beingdirections such as in the opinion of the Company are necessary for theavoidance of danger and the prevention, so far as reasonably possible,of interference with navigation in the carrying out of such operationsor works.

(5) Any person who without reasonable excuse contravenes this articleshall be guilty of an offence and liable on summary conviction to a finenot exceeding level 3 on the standard scale.

Licensing of works

20.-(1) The Company may upon such terms and conditions as it thinks fitgrant to any person a licence to construct, alter, renew or extend anyworks in the transferred harbour on, under or over tidal waters or tidalland below the level of high water, notwithstanding any interferencewith public rights of navigation or other public rights by such works asconstructed, altered, renewed or extended.

(2) Application for a works licence shall be made in writing to theCompany and shall-

(a)be accompanied by plans, sections and particulars of the works towhich the application relates;

(b)specify whether the applicant holds such rights in, under or overland as are necessary to enable him to enjoy the benefits of the licenceand, if not, the action taken to enable him to obtain such rights if thelicence is granted; and, in granting a licence, the Company may requiremodifications in the plans, sections and particulars so submitted.

(3) The Company may require an applicant for a works licence, on makinghis application, to pay a reasonable fee in respect of theadministrative expenses of dealing with the application; and differentfees may be specified in relation to different cases or differentclasses of cases.

(4) (a) On receipt of an application for a works licence the Companyshall serve on the National Rivers Authority a copy of the applicationand all plans, sections and particulars incident thereto;

(b)The Company shall consider such observations as the NationalRivers Authority may submit to the Company within six weeks afterservice on the National Rivers Authority of the application andparticulars as aforesaid, and shall not grant a works licence before theexpiry of that period;

(c)In granting any works licence in response to such anapplication the Company shall impose on the applicant such terms andconditions as give effect to such reasonable requirements to preventpollution of any watercourse, to safeguard it against damage or tosecure that its efficiency for land drainage purposes is not impaired,as the National Rivers Authority may, within the said period, make inany observations to the Company.

(d)The provisions of subparagraph (c) above are subject to theCompany's duty under article 22(5) of this Order to give effect to anydecision or requirement given or made by the Secretary of State underarticle 22(4) of this Order.

(5) Where the Company refuses to grant a works licence which has beenapplied for it shall give reasons in writing for its refusal.

(6) Where the Company grants a works licence upon terms or conditions orrequires any modifications in the plans and particulars, it shall givereasons in writing for the terms and conditions imposed or themodifications required.

(7) If within three months from the receipt of the application underparagraph (2) above the Company does not grant a works licence it shallbe deemed to have refused the application.

(8) Articles 13 to 17 of this Order shall apply in relation to theholder of a works licence as respects the works which are authorised bythe licence as they do in relation to the Company as respects tidalworks.

(9) In the carrying out of operations in pursuance of a works licence,the holder of the licence shall not-

(a)interfere with, damage or otherwise injuriously affect anyapparatus belonging to or maintained by any statutory undertaker; or

(b)do anything which will obstruct or impede any work relating to theinspection or repair of any such apparatus;

without the consent of the statutory undertaker concerned.

Licence to dredge

21.-(1) The Company may upon such terms and conditions as it thinks fitgrant to any person a licence to dredge in any part of the transferredharbour.

(2) Application for a dredging licence shall be made in writing to theCompany and shall be accompanied by plans, sections and particularsdefining the nature, extent and manner of the operations to be carriedout in the exercise of the powers granted by the licence, and ingranting any such licence the Company may require modifications in theplans, sections and particulars so submitted.

(3) Article 20(3), (4), (5), (6) and (7) of this Order shall apply inrelation to a dredging licence as it applies in relation to a workslicence.

(4) Any materials (other than wreck within the meaning of Part IX of theAct of 1894) taken up or collected by means of dredging in pursuance ofa dredging licence shall be the property of the holder of the licenceand he may use, sell or otherwise dispose of or remove or deposit thematerials as he thinks fit:

Provided that no such material shall be laiddown or deposited in any place below the level of high water except insuch a position as may be approved by the Secretary of State and subjectto such conditions and restrictions as he may impose.

(5) The grant of a dredging licence shall not confer statutory authorityfor the carrying out of the operations covered by the licence.

(6) Paragraph (9) of article 20 of this Order shall apply in relation tothe carrying out of operations in pursuance of a dredging licence as itapplies in relation to the carrying out of operations in pursuance of aworks licence.

Appeals in respect of works or dredging licence

22.-(1) An applicant for a works licence or a dredging licence who isaggrieved by-

(a)a refusal of the Company to grant a licence; or

(b)any terms or conditions subject to which the licence is granted;or

(c)any modifications required by the Company in the plans, sectionsand particulars submitted by the applicant;

may within 28 days from the date on which the Company notifies theapplicant of their decision or the date on which the Company is, underarticle 20(7) or 21(3) of this Order, deemed to have refused theapplication, appeal to the Secretary of State.

(2) An appeal under paragraph (1) above shall be made by notice inwriting stating the grounds of the appeal.

(3) A person who appeals under paragraph (1) above shall give to theCompany notice of his appeal accompanied by a copy of his statement ofappeal; and the Company shall, within 28 days of the receipt of thenotice, be entitled to furnish to the Secretary of State itsobservations on the appeal.

(4) On an appeal under this article the Secretary of Statemay-

(a)dismiss the appeal or;

(b)require the Company to grant the licence or, as the case may be, togive its approval upon such terms or conditions and with suchmodifications (if any) of plans, sections and particulars as theSecretary of State may specify.

(5) The Company shall give effect to any decision or requirement givenor made by the Secretary of State under paragraph (4) above.

Power to acquire and dispose of businesses or shares

23.-(1) The Company may-

(a)acquire by agreement-

(i)any business or undertaking which consists wholly or mainly of thecarrying out of harbour operations or so much of any business orundertaking as consists of the carrying out of such operations; or

(ii)any business or undertaking which is wholly or mainly engagedin providing services or facilities which the Company itself isauthorised to provide;

(b)subscribe for or acquire any shares, stock, debentures, debenturestock or any other security of a like nature of a body corporate whichis wholly or mainly engaged, or which it is proposed should becomewholly or mainly engaged, in the provision, maintenance or operation ofa harbour or in providing services or facilities which the Companyitself is authorised to provide;

(c)form and promote, or join with any other person in forming andpromoting, a company for carrying on any function of the Company;

(d)dispose of or discontinue the whole or any part of its undertakingacquired under this article and held for the purposes of the transferredharbour but subject to all liabilities and obligations in respectthereof to which the Company is subject; and

(e)dispose of any shares or other securities subscribed for oracquired under this article.

(2) Nothing in this article shall authorise a company formed undersubparagraph (c) of paragraph (1) above to exercise any of the powers ofthe Company under-

(a)the Harbours, Docks and Piers Clauses Act 1847;

(b)the Harbours Act 1964; and

(c)section 18 (Power to Board to make byelaws) of the British Railways(No. 2) Act 1975(11).

Disposal of property no longer required for the transferred harbour

24. The Company, in respect of property vested in it and held for thepurposes of the transferred harbour which is no longer required forthose purposes, may dispose of such property in such manner, whether byway of sale, exchange, lease, the creation of any easement, right orprivilege or otherwise, for such period, upon such conditions and forsuch consideration as it thinks fit.

Power with respect to disposal of wrecks

25.-(1) In their application to the Company sections 530 and 532 of the Actof 1894 (which confer powers on the Company with respect to, and withrespect to anything in or on, any vessel sunk, stranded or abandoned insuch manner as to be an obstruction or danger to navigation in a harbouror in or near any approach thereto) shall have effect in relation to thetransferred harbour and the approaches thereto-

(a)subject to the provisions of article 26 of this Order; and

(b)in relation to a vessel sunk, stranded or abandoned before, as wellas after, the coming into force of this Order.

(2) Subject to the provisions of paragraph (3) of this article and toany enactment for the time being in force limiting his liability, theCompany may recover from the owner of any vessel in relation to which ithas exercised its powers under section 530 or section 532 of the Act of1894 (being a vessel sunk, stranded or abandoned after the commencementof this Order) any expenses reasonably incurred by it under thosesections in relation to that vessel which are not reimbursed out of anyproceeds of sale within the meaning of those sections.

(3) Except in a case which is in the opinion of the Company a case ofemergency, paragraph (2) of this article shall not apply in relation toany vessel unless, before exercising in relation to that vessel any ofthe powers conferred on it by section 530 of the Act of 1894, other thanthe power of lighting and buoying, the Company has given to the owner ofthe vessel not less than 48 hours' notice of its intention to do so;and, if before the notice expires the Company receives from the ownercounter-notice in writing that he desires to dispose of the vesselhimself and no direction is served in respect of the vessel undersubparagraph (b) of paragraph (2) of article 26 of this Order, he shallbe at liberty to do so, and the Company shall not exercise the powersaforesaid in relation to that vessel until the expiration of seven daysfrom the receipt of the counter-notice and of any further continuousperiod thereafter during which the owner of the vessel proceeds with thedisposal thereof with all reasonable diligence and in compliance withany directions for the prevention of interference with navigation whichmay be given to him by the Company.

(4) Notice under paragraph (3) of this article to the owner of anyvessel may be served by the Company either by delivering it to him or bysending it to him by registered post or the recorded delivery serviceaddressed to him at his last known place of business or abode in theUnited Kingdom or, if the owner or any such place or business or abodeis not known to the Company, or is not in the United Kingdom, bydisplaying the notice at the office of the Company for the period of itsduration.

(5) In this section the expression"owner" in relation to any vessel means the person who was the owner of thevessel at the time of the sinking, stranding or abandonment thereof.

(6) The powers conferred on the Company by this article shall be inaddition to and not in derogation of any other powers exercisable by itfor or with respect to the removal of wrecks within the transferredharbour and the approaches thereto.

Protection of Crown interest in wrecks

26.-(1) Without prejudice to section 741 of the Act of 1894 (which relatesto the exemption from provisions of that Act of vessels belonging to HerMajesty), as modified by any Order in Council made under section 80 ofthe Merchant Shipping Act 1906(12) the powers conferred on the Company by sections 530 and532 of the Act of 1894 with respect to, and with respect to anything inor on, any vessel sunk, stranded or abandoned in such manner as to be anobstruction or danger to navigation in the transferred harbour or theapproaches thereto shall not be exercisable-

(a)in relation to any vessel sunk, stranded or abandoned by design byor under the orders of a person acting on behalf of Her Majesty or anofficer or servant of the Crown acting in the course of his duty assuch;

(b)except with the consent of the Secretary of State (which may begiven with or without such a direction as is referred to in subparagraph(b) of paragraph (2) of this article) in relation to any vessel which isnot excluded from the exercise of those powers by virtue of being avessel belonging to Her Majesty but which at the time when the vesselwas sunk, stranded or abandoned-

(i)had been required to be placed at the disposal of Her Majesty or ofa government department; and

(ii)was appropriated to the service, under the direction andcontrol of the Secretary of State, of Her Majesty's ships of war.

(2) The Company shall give notice in writing to the Secretary of Stateof any decision of the company to exercise in relation to any vessel anyof the powers aforesaid, other than the power of lighting and buoying,and, except in a case which is in the opinion of the Company a case ofemergency, shall not proceed with the exercise thereof-

(a)except with the consent of the Secretary of State before theexpiration of a period of 14 days from the giving of the notice; or

(b)if, before the expiration of the said period, there is served onthe Company a direction by the Secretary of State that those powersshall not be exercised in relation to that vessel, except in such a caseas aforesaid;

and, where in any such case as aforesaid the Company proceeds toexercise those powers without the consent and before the expiration ofthe said period of 14 days or after a direction has been served on it asaforesaid, it shall not in the exercise of those powers use anyexplosives and, if before the expiration of the said period such adirection as aforesaid is served on it, shall not be entitled toexercise the power of sale conferred by section 530 of the Act of 1894,or the power conferred by paragraph (2) of article 25 of this Order:

Provided that-

(i)the Company shall not be required to give notice under thisparagraph in respect of any vessel in respect of which it has received aconsent under subparagraph (b) of paragraph (1) of this article, but anydirection such as is referred to in subparagraph (b) of this paragraphaccompanying that consent shall be deemed, for the purposes of thisparagraph and of paragraph (3) of the said article 25 to have been dulyserved under paragraph (b) of this paragraph;

(ii)the prohibition on the use of explosives imposed by thisparagraph shall not apply to the use for cutting away the superstructureof a vessel of such small explosive charges as may for the time being beapproved by the Secretary of State for the purposes of this proviso.

(3) Without prejudice to the power of sale conferred on the Company bythe said section 530 of the Act of 1894 the Company shall hold anddispose of any wreck within the meaning of Part IX of the Act of 1894raised, removed or recovered under that section in the transferredharbour or in or near any approach thereto and any surplus proceeds ofsale within the meaning of that section in accordance with suchdirections (if any) as may be given to it by the receiver of wreck and,on exercising the said power of sale in the case of any property, theCompany shall discharge any sums payable in respect of that property byway of duties of customs or excise, value added tax or surcharge inrespect of sugar or molasses and any sums so discharged shall be deemedto be expenses incurred by the Company under that section.

(4) Any limitation on the powers of the Company in relation to anyvessel arising by virtue of paragraph (1) or paragraph (2) of thisarticle shall not operate to authorise the exercise in relation to thatvessel of the powers conferred on Trinity House by section 531 of theAct of 1894.

For protection of National Rivers Authority

27. Nothing in this Order or in any enactment incorporated with orapplied by this Order shall prejudice or affect the application of anybyelaws made under the Land Drainage Act 1976 or relieve any person ofthe obligation to obtain any other licence or consent from the NationalRivers Authority required under any enactment.

Saving for Trinity House

28. None of the provisions of this Order shall prejudice or derogatefrom any of the powers, rights, duties or privileges of Trinity House.

PART IVREPEALS

Repeal of enactments

29. On the day of transfer the enactments set out in the first column ofthe Schedule to this Order shall be repealed to the extent specified inthe second column of the said Schedule.

Article 29

SCHEDULEREPEALS

Explanatory Note

(This note is not part of the Order)

This Order transfers the harbour undertaking at Heysham Harbour fromSealink Harbours Limited to Heysham Port Limited. The Order alsoincludes several new provisions including power for Heysham Port Limitedto carry out works in the harbour, a power to dredge in modern terms,powers to license works and dredging by other persons, a power toacquire and dispose of businesses and shares, power to dispose ofproperty no longer required for the purposes of the harbour andprovisions relating to the disposal of, and the protection of Crowninterest in, wrecks.

The Applicant for the Order is Heysham Port Limited.