The Thames Water Authority (Transfer of Property of Dartford and Crayford Navigation Commissioners) Order 1987

Made: 26th July 1987

Coming into force: 17th August 1987

The Secretary of State for the Environment and the Minister of Agriculture, Fisheries and Food, in exercise of the powers conferred by sections 1(2)(c)[^f00001], 82(1)(b), (2), (4), (9) and (10)(a)[^f00002] of the Water Resources Act 1963[^f00003] and now vested in them[^f00004] and of all other powers enabling them in that behalf, on the application of the Commissioners of the Dartford and Crayford Navigation, hereby make the following Order:

Citation and commencement

1

• (1) This Order may be cited as the Thames Water Authority (Transfer of Property of Dartford and Crayford Navigation Commissioners) Order 1987 and shall come into force on 17th August 1987.

• (2) This Order shall be included among the enactments which may be cited together as the Thames Water Authority Orders 1974 to 1987.

Interpretation

2

In this Order—

• “the Commissioners” means the Commissioners of the Dartford and Crayford Navigation;

• “the transfer date” means 1st September 1987;

• “the Water Authority” means the Thames Water Authority.

Transfer of property etc.

3

On the transfer date there shall be transferred to the Water Authority all the property, rights and liabilities of the Commissioners.

Repeal of enactment

4

On the transfer date the Act of 1840[^f00005] entitled “An Act for improving the Dartford and Crayford Creeks in the County of Kent, and for making a Diversion in the Line of the said Dartford Creek, and other Works connected therewith” shall be repealed.

Supplementary provisions

5

• (1) Before the transfer date the Commissioners shall discharge such of their liabilities as are capable of immediate discharge and may, with the consent of the Water Authority, dispose of any property.

• (2) Notwithstanding the provisions of article 4 the Commissioners shall subsist after the transfer date but only for the purposes of winding-up their affairs and the Commissioners holding office on the transfer date shall, subject to the incidence of occasional vacancies, continue in office for those purposes.

• (3) After the transfer date the Commissioners shall take all necessary action to perfect the transfer effected by article 3.

• (4) When the Commissioners have wound up their affairs, they shall by resolution declare that their affairs have been wound up and the Commissioners shall on the making of that resolution be dissolved.

• (5) The accounts of the Commissioners shall be made up to the day on which the Commissioners are dissolved and shall be audited in the like manner and subject to the like incidents and consequences as if this Order had not been made.

• (6) The Water Authority shall pay the costs reasonably incurred under paragraphs (3) to (5).

Protection of Port of London Authority

6

• (1) Nothing in this Order shall affect the exercise of the functions of the Port of London Authority in so much of the Dartford and Crayford Creeks as are included in the limits of the Port of London.

• (2) “the limits” (of the Port of London) shall have the meaning given to them by section 2(1) of the Port of London Act 1968[^f00006] (Interpretation).

Signed

Nicholas Ridley — Secretary of State for the Environment — 20th July 1987

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on

John MacGregor — Minister of Agriculture, Fisheries and Food — 26th July 1987.

Footnotes

[^f00001]: See the definition of “the Minister”.

[^f00002]: Section 82(9) was amended by S.I. 1976/1775, Schedule 3, paragraph 7(1). See the definitions of “the Ministers” and “the appropriate Minister”.

[^f00003]: 1963 c. 38: by section 9 of the Water Act 1973 (c. 37) references in the Water Resources Act 1963 to a river authority or to a river authority area are to be respectively construed as references to a water authority and to a water authority area.

[^f00004]: S.I. 1970/1681 transferred the functions of the Minister of Housing and Local Government under the Water Resources Act 1963 to the Secretary of State for the Environment.

[^f00005]: 1840 Vict. c. lv.

[^f00006]: 1968 c. xxxii.