HARBOURS, DOCKS, PIERS AND FERRIES Citation and commencement 1 This Order may be cited as the Sealink (Transfer of Fishbourne Terminal) Harbour Revision Order 1991 and shall come into force on 22nd January 1991. Interpretation 2 1 In this Order, unless the context otherwise requires— “the Company” means Wightlink Limited; “the day of transfer” means the day after the day on which expires a period of four weeks beginning with the day on which this Order comes into force; “enactment” means any Act or any order or scheme made under an Act; “Sealink” means Sealink Harbours Limited; “the transferred harbour” means the harbour at Fishbourne in the Isle of Wight which immediately before the day of transfer is being improved, maintained or managed by Sealink (or by the Company as agent for Sealink) under sections 36 to 59 of the British Railways Act 1981 ; “Trinity House” means the Corporation of Trinity House of Deptford Strond. 2 In this Order a reference to the undertaking of Sealink at the transferred harbour is a reference to the powers, duties, property, rights and liabilities of Sealink in relation to that harbour which are transferred by this Order. Designation of Company as harbour authority 3 On the day of transfer the Company shall become the harbour authority for the transferred harbour and Sealink shall cease to be the harbour authority for that harbour. Transfer of functions, property etc. 4 1 On the day of transfer all property vested in Sealink comprising, or held by it for the purposes of, the transferred harbour and all rights and liabilities incurred by it for the purposes of the transferred harbour shall be transferred to and vested in the Company. 2 On the day of transfer the powers and duties conferred or imposed on Sealink by sections 36 to 59 of the British Railways Act 1981 (together with definitions in section 35 of that Act of expressions used in the said sections 36 to 59 so far as such definitions relate to the transferred harbour) and any such other statutory provision of local application so far as it relates to the transferred harbour, shall, with any necessary modifications, apply in relation to the Company as if for references to Sealink there were substituted (unless the context otherwise requires) references to the Company. Saving of byelaws etc. 5 As from the day of transfer any byelaw, regulation, licence or consent made, issued or granted by Sealink in relation to the transferred harbour and in force immediately before that day shall notwithstanding the making of this Order continue in force and shall be deemed 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 the undertaking of Sealink at the transferred harbour and in force immediately before the day of transfer (other than any lease or deed the parties to which include both Sealink and the Company) shall (in so far as they relate to that undertaking) on and from that day be as binding and of as full force and effect in every respect and may be enforced as fully and effectively against or in favour of the Company as if (except in any case where the Company as agent for Sealink is already a party thereto, or bound thereby or entitled to the benefit thereof) the Company instead of Sealink had been a party thereto or bound thereby or entitled to the benefit thereof. Continuance of proceedings 7 Nothing in this Order shall release, discharge or suspend any action, arbitration or other proceeding, or any cause of action, arbitration or other proceeding, pending or existing immediately before the day of transfer by or in favour of or against Sealink or by or in favour of or against the Company as agent for Sealink, in relation to Sealink’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 an issue between Sealink and the Company or Sea Containers Ltd. ) may be maintained, prosecuted or continued by or in favour of or against the Company and may be amended in such manner as may be necessary for that purpose. Charges 8 1 On and after the day of transfer the Company shall in the exercise of statutory powers and duties at the transferred harbour, have power to make such reasonable charges for its services and facilities as it thinks 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 a harbour; and does not authorise the making or any charge in a case where an enactment relating to the transferred harbour expressly provides for freedom from charges or otherwise prohibits the making of any charge. 3 The provisions of sections 27 to 32 and 34 to 48 of the Harbours, Docks and Piers Clauses Act 1847 (which provide for various matters connected with liabilities for and collection of the rates to be taken by undertakers) as incorporated with or applied by any enactment relating to the transferred harbour apply to charges under this article as if they were rates payable under that enactment. Diposal of property no longer required for the transferred harbour 9 On and after the day of transfer the Company, in respect of property vested in it and held for the purposes of the transferred harbour which is no longer required for those purposes, may dispose of such manner, whether by way of sale, exchange, lease, the creation of any easement, right or privilege or otherwise, for such period, upon such conditions and for such consideration as it thinks fit. Saving for Trinity House 10 None of the provisions of this Order shall prejudice or derogate from any of the powers, rights, duties or privileges of Trinity House. Signed by authority of the Secretary of State for Transport H.B. Wenban-Smith An Under Secretary in the Department of Transport 21st January 1991.