S.I. No. 343/1942 - Harbour Rates (Waterford Port and Harbour) Order, 1942.

STATUTORY RULES AND ORDERS. 1942. No. 343.

HARBOUR RATES (WATERFORD PORT AND HARBOUR) ORDER, 1942.

Harbour rates (Waterford Port and Harbour) Order, 1942, made by the Minister for Industry and Commerce on the 11th day of August, 1942, pursuant to sub-section (1) of Section 3 of the Harbours (Regulation of Rates) Act, 1934 .

WHEREAS it is enacted by subsection (1) of section 3 of the Harbours (Regulation of Rates) Act, 1934 (No. 2 of 1934), that the Minister for Industry and Commerce may, if and whenever he thinks fit on the application of the harbour authority for any harbour, by order (in the said Act referred to as a harbour rates Order) fix all or any of the rates or, where he so thinks fit, the maximum rates to be charged by the harbour authority of such harbour, and may for that purpose revoke, modify, alter or extend by such order any statutory or other provision fixing, restricting, or otherwise regulating the rates or the maximum or minimum rates chargeable by such harbour authority :

AND WHEREAS the Commissioners for improving the port and harbour of Waterford have applied pursuant to section 4 of the said Act to the Minister for Industry and Commerce for a harbour rates order in respect of the port and harbour of Waterford increasing certain of the tonnage rates in respect of vessels entering or using the said port and harbour, and also increasing the harbour light dues, and the import and export rates in respect of goods :

AND WHEREAS the Minister for Industry and Commerce has pursuant to the provisions of sub-section (1) of section 5 of the said Act given notice to the Commissioners dated the 24th day of June, 1942, of his proposal to make such order, and has given the directions mentioned in that sub-section in respect of the notice required thereby to be published by the said Commissioners :

AND WHEREAS the said Commissioners have duly published such notice, and such notice has contained the directions mentioned in sub-section (2) of section 5 of the said Act as regards making objections and representations to the Minister for Industry and Commerce in respect of such proposed order :

NOW, THEREFORE, the Minister for Industry and Commerce, in exercise of the powers conferred on him by sub-section (1) of section 3 of the Harbours (Regulation of Rates) Act, 1934 (No. 2 of 1934), and of every and any other power him in this behalf enabling, hereby orders as follows, that is to say :—

1 Short title and commencement.

1. (1) This Order May be cited as the Harbour Rates (Waterford Port and Harbour) Order, 1942.

(2) This Order shall come into operation on the 17th day of August, 1942.

2 Application of Interpretation Act, 1937 .

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

3 Definitions.

3. In this Order—

the expression "the Order of 1904" means the Waterford Harbour Order, 1904;

the expressions "the Commissioners", "the port" and "the rateable tonnage" have the same respective meanings as in the Order of 1904, as amended by this Order;

the expression "Great Britain" includes the Channel Islands and the Isle of Man.

4 Amendment of section 4 of the Order of 1994.

4. The references in section 4 (which relates to rateable tonnage) of the Order of 1904 to steam vessels and sea-going steam tugs shall be construed as references to mechanically propelled vessels and mechanically propelled sea-going tugs respectively.

5 Increase of certain tonnage rates.

5. Section 6 (which relates to tonnage rates) of the Order of 1904 shall be construed and have effect as if for the references therein to the Schedule to the Order of 1904, there were substituted references to the Schedule to this Order.

6 Increase of harbour light dues.

6. Section 7 (which relates to harbour light dues) of the Order of 1904 shall be construed and have effect—

(a) as if for the reference in sub-section (1) to one farthing, there were substituted a reference to one penny, and

(b) as if for the reference in sub-section (1) to one-eighth of a penny there were substituted therein a reference to one half penny.

7 Increase of import and export dues.

7. The Waterford Harbour Act, 1919, shall be construed and have effect as if the several rates specified in the Schedule to that Act were increased by one hundred per centum.

8 Saving.

8. Nothing in this Order contained shall prejudice or affect the powers of the Commissioners to levy, collect or recover any rates, dues or sums of money leviable by or due to the Commissioners immediately before the commencement of this Order, and such rates, dues, and sums of money may be levied, collected and recovered by the Commissioners in the same manner and subject to the same conditions as if this Order had not been made and come into operation.

9 Revocation of Waterford Harbour (Temporary Increase of Charges) Order, 1925.

9. The Waterford Harbour (Temporary Increase of Charges) Order, 1925 ( S. R. & O. No. 62 of 1925 ), is hereby revoked.

SCHEDULE.

MAXIMUM TONNAGE RATES.

Every vessel bound from any one port or place to any other port or place in Great Britain, Northern Ireland or the State and entering the Port for refuge, repairs or orders and not discharging or loading cargo or passengers shall be exempt from the rates specified at reference number 3 in this Schedule.

GIVEN under the Official Seal of the Minister for Industry and Commerce this 11th day of August, 1942.

(Signed) W. MAGUIRE,

Assistant Secretary

to the Department of Industry and Commerce.