C1C2Part I Transfer of Statutory Port Undertakings
Pt. 1: transfer of functions in part (1.4.2018) by Wales Act 2017 (c. 4), ss. 29(2)(g), 71(4) (with Sch. 7 paras. 1, 6, 9); S.I. 2017/1179, reg. 3(g) (with transitional provisions and savings in S.I. 2018/278, reg. 2, Sch.)
Supplementary
20 Interpretation of Part I.
1
In this Part—
“accounting year”, in relation to a relevant port authority, means any period in respect of which the authority are required under section 42 of the M1Harbours Act 1964 to prepare annual statements of accounts;
“the appropriate Minister” means, in relation to any body which is or immediately before a transfer under section 2 above was a relevant port authority, the Minister concerned with the relevant harbour or harbours or, where there is more than one Minister so concerned, both or all of those Ministers acting jointly; and
“the Gazette” means—
a
in relation to the publication of a notice under section 9(3)(a) or 12(3) affecting a harbour in England or Wales, the London Gazette; and
2
For the purposes of the definition of “the appropriate Minister” in subsection (1) above—
a
the Minister concerned with a harbour—
F1i
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ii
. . . is the Secretary of State; and
b
a harbour is a relevant harbour in relation to any such body as is there mentioned if it is one for which that body is or immediately before a transfer under section 2 above was the harbour authority.
F2. . .
3
In this Part—
a
references, in relation to a notice under section 9(3)(a) F5or 12(3) affecting a harbour, to publication of the notice by Gazette and local advertisement are references to publication—
i
in the Gazette; and
ii
in each of two successive weeks, in one or more local newspapers circulating in the locality where the harbour is situated; and
b
references, in relation to such a notice, to the date of the first local advertisement are references to the date of the first publication of the notice in a local newspaper circulating in the locality where the harbour is situated.
4
References in this Part to—
a
the scheme;
b
the successor company; and
c
the authority;
are explained in section 2(4).
5
For the purposes of this Part the time when a disposal of securities or of rights to require the issue of securities of a company is made shall be determined as it would fall to be determined in accordance with section F328 of the 1992 Act for the purposes of tax on chargeable gains.
6
For the purposes of this section a notice under section 9(3)(a) F6or 12(3) relating to a scheme for the purposes of a proposed transfer under section 2 above of property, rights, liabilities and functions of a relevant port authority is to be regarded as affecting any harbour for which that authority are the harbour authority.
Pt. I: functions transferred (3.12.2001) by S.I. 2001/3503, arts. 2, 3