Ports Act 1991

20Interpretation 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 [1964 c. 40.] Harbours 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

  (b)

  in relation to the publication of such a notice 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—

(i)in the case of a fishery harbour in England, is the Minister of Agriculture, Fisheries and Food; and

(ii)in any other case, 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.

In paragraph (a)(i) above “fishery harbour” has the same meaning as in section 21 of the [1951 c. 30.] Sea Fish Industry Act 1951.

(3)In this Part—

(a)references, in relation to a notice under section 9(3)(a) or 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 27 of the [1979 c. 14.] Capital Gains Tax Act 1979 for the purposes of tax on chargeable gains.

(6)For the purposes of this section a notice under section 9(3)(a) or 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.