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| | 6 Saving for certain byelaws
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(1) On and from the appointed day the byelaws relating to pleasure boats made by the Council on 7 June 1972 and confirmed on 26 March 1973 (as amended by the byelaws made on 10 June 1985 and confirmed on 19 July 1985) shall have effect as if-
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(a) they were made by the Council under section 76 of the Public Health Act 1961 (c. 64) and section 235 of the 1972 Act; and |
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(b) the administrative area of the Council encompassed the whole of the areas to which the byelaws apply. |
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(2) The byelaws mentioned in subsection (1) above shall cease to have effect upon the confirmation by the Secretary of State of byelaws which-
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(a) provide for the regulation of pleasure craft on the River; and |
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(b) are made by the Council and the Tendring District Council under section 235 of the 1972 Act or any other relevant enactment; |
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and any such byelaws may be made so as to apply to any area to which the byelaws mentioned in that subsection applied immediately before they ceased to have effect. |
| | 7 Compensation for harbour businesses
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(1) Subject to the provisions of this section any person who-
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(a) on the appointed day is in possession of an interest in land and has a right to use that land which is incapable of being exercised as a consequence of the operation of subsection (1) of section 3 (Closure of harbour facilities and termination of status as harbour authority) of this Act; and |
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(b) on 26 November 1999 was carrying on upon that land a business involving his use of the harbour for the shipping or unshipping of cargoes or the embarking or disembarking of passengers, |
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shall be entitled to be paid compensation by the Council in respect of any loss suffered by him in consequence of the operation of that subsection. |
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(2) Any compensation payable under subsection (1) above shall be assessed in accordance with the provisions of the 1961 Act.
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(3) Any question of disputed compensation under this section shall be referred to and determined by the Lands Tribunal and the provisions of sections 2 and 4 of the 1961 Act shall, subject to any necessary modifications, apply to any such determination.
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(4) Any dispute as to whether a person is entitled to compensation under subsection (1) above shall be determined by a single arbitrator appointed by the parties or, in default of agreement, by the President of the Law Society.
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| | 8 Confirmation of Scheduled agreement
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The agreement set out in Schedule 1 to this Act is hereby confirmed and made binding upon the Council and the Commissioners and effect shall be given thereto except so far as may be otherwise agreed in writing between the Council and the Commissioners.
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