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Statutory Instrument 1989 No. 277

The Norfolk and Suffolk Broads (Staff and Property, etc.) Order 1989

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1989 No. 277

BROADS AUTHORITY

The Norfolk and Suffolk Broads (Staff and Property, etc.) Order 1989

Made28th February 1989
Laid before Parliament3rd March 1989
Coming into force-
 for the purposes of article 1(2)24th March 1989
 for all other purposes1st April 1989

    The Secretary of State, in exercise of his powers under sections 18, 19(3) and 23(1) of the Norfolk and Suffolk Broads Act 1988[1], hereby makes the following Order:
    Citation, commencement and interpretation
        1.—(1)  This Order may be cited as the Norfolk and Suffolk Broads (Staff and Property, etc.) Order 1989 and, subject to paragraph (2), shall come into force on 1st April 1989.

        (2)  This paragraph and Article 6(3) shall come into force on 24th March 1989.

        (3)  In this Order "the Act" means the Norfolk and Suffolk Broads Act 1988.
    Transfer of Staff
        2.    Any employee of the Commissioners within the description set out in Schedule 1 is a person designated for the purposes of section 18 of the Act.
    Transfer of Property
        3.—(1)  The land described in Part I of Schedule 2, together with all rights and liabilities acquired or incurred solely in connection with and all records relating exclusively to that land, shall vest in the Broads Authority.

        (2)  The property of the Commissioners which is within a category specified in column 1 of Part II of Schedule 2 and which is described in column 2 of that Part of that Schedule, together with all rights and liabilities acquired or incurred, and equipment used solely in connection with and all records relating solely to that property, shall vest in the Broads Authority.

        (3)  The property, rights and liabilities of the Commissioners acquired, held or incurred solely for the purpose of managing, or regulating the use of, the navigation area, including such amount of the monies vested in the Commissioners as equal the amounts shown as the balances on their accounts attributable to functions in relation to the navigation area immediately before 1st April 1989 but excluding-
       (a) land, and property, rights and liabilities held in connection with that land, not described in Part I of Schedule 2, and
       (b) property in the categories specified in column 1 of Part II of Schedule 2,
    shall vest in the Broads Authority.
    Disputes
        4.    Any dispute between the Authority and the Commissioners as to the effect of article 3 in relation to any particular property, rights and liabilities shall be determined by an arbitrator appointed by the Secretary of State; and section 31 of the Arbitration Act 1950[2] shall have effect in relation to the arbitration as if it were an arbitration to which that section applies.
    Amendments to local legislation
        5.    The local legislation specified in Schedule 3 is revoked and amended as provided in that Schedule.
    Byelaws
        6.—(1)  All byelaws made by the Commissioners, and all byelaws made (or having effect as if made) by the Waveney District Council, for the purposes of managing or regulating navigation in any part of the navigation area, shall continue to have effect in relation to that part of the navigation area until 31st March 1992, and may be amended or revoked by byelaws made by the Broads Authority under section 10 of the Act.

        (2)  Any reference in the byelaws continued by this article to the authority or body by whom the byelaws were made, or to an officer or the offices of such authority or body, shall be construed as a reference to the Broads Authority, the navigation officer appointed by the Broads Authority under section 10(7) of the Act for the area in question, or the offices of the Broads Authority, as the case may require.

        (3)  Byelaw 10 of the Great Yarmouth Port and Haven River Byelaws 1946 shall have effect for the purpose of certificates issued with respect to the year beginning 25th March 1988 with the substitution for the words "twenty-fourth day of March" of the words "31st March".



Nicholas Ridley

Secretary of State for the Environment

28th February 1989




Notes:

[1] 1988 c. 4.

[2] 1950 c. 27; section 31 was repealed in part by the Arbitration Act 1975 (c. 3), section 8(2), and amended by the Arbitration Act 1979 (c. 42), section 7(1).

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