HARBOURS ACT (NORTHERN IRELAND) 1970 - SECT 16 Execution of certain operations in pursuance of orders of the Ministry.

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HARBOURS ACT (NORTHERN IRELAND) 1970 - SECT 16

Execution of certain operations in pursuance of orders of the Ministry.

16.(1) Where

(a)any assistance by way of grant out of the Consolidated Fund or money
provided by Parliament or loan from the Government Loans Fund is given to a
local harbour authority in respect of the construction, reconstruction,
improvement or repair of any work in or on a harbour; and

(b)the Ministry is satisfied that any particular operation is necessary in
order to maintain the work in an efficient condition and proper state of
repair;

(2) A local harbour authority shall comply with any requirement contained in a
notice served on it under subsection (1) unless, on an application made to the
county court under subsection (3), the notice is cancelled or modified.

(3) Where a local harbour authority is of the opinion that a requirement
contained in a notice served under subsection (1) is unnecessary or
unreasonable, it may, within one month of the service of the notice, apply to
the county court for the cancellation or modification of the notice.

(4) On an application under subsection (3) the county court may make such an
order for the confirmation, cancellation or modification of any requirement
contained in the notice which is the subject of the application as, having
regard to all the circumstances, it thinks fit.

(5) Where a local harbour authority fails to comply with a requirement
contained in a notice served under subsection (1) within such period as is
specified in the notice, or, where the notice has been modified by an order of
the county court, within such period as is specified in the order,
the Ministry

(a)may execute any operation necessary to satisfy the requirement; and

(b)may recover the amount of any expenditure incurred by it in executing any
such operation from the local harbour authority as if it were a debt due under
a contract.

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Northern Irish Legislation

HARBOURS ACT (NORTHERN IRELAND) 1970 - SECT 16