Part IE+W+S Transfer of Statutory Port Undertakings

Modifications etc. (not altering text)

C2Pt. 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.)

SupplementaryE+W+S

20 Interpretation of Part I.E+W+S

(1)In this Part—

(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

(b)in relation to the publication of [F1such a notice][F1a notice under section 9(3)(a)] affecting a harbour in Scotland, the Edinburgh Gazette.

(2)For the purposes of the definition of “the appropriate Minister” in subsection (1) above—

(a)the Minister concerned with a harbour—

F2(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

F3. . .

(3)In this Part—

(a)references, in relation to a notice under section 9(3)(a) [F4or 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 [F528 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.

Textual Amendments

F1Words in s. 20(1) substituted (S.) (3.12.2015) by Harbours (Scotland) Act 2015 (asp 13), ss. 1(3)(a), 3

F2Words from the beginning of sub-para (i) to “case,” in sub-para. (ii) in s. 20(2)(a) left out (3.12.2001) by virtue of S.I. 2001/3503, art. 5, Sch. 1 para. 3(a)

F3Words in s. 20(2) left out (3.12.2001) by virtue of S.I. 2001/3503, art. 5, Sch. para. 3(b)

F4Words in s. 20(3)(a) repealed (S.) (3.12.2015) by Harbours (Scotland) Act 2015 (asp 13), ss. 1(3)(b), 3

F5Words in s. 20(5) substituted (6.3.1992 with effect as mentioned in s. 289 of the substituting Act) by Taxation of Chargeable Gains Act 1992 (c. 12), s. 290, Sch. 10 para. 24(4) (with ss. 60, 201(3), Sch. 11 paras. 22, 26(2), 27).

F6Words in s. 20(6) repealed (S.) (3.12.2015) by Harbours (Scotland) Act 2015 (asp 13), ss. 1(3)(b), 3

Marginal Citations