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Establish a Marine Navigation Aids Commission; to establish an Office of |
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Marine Navigation Aids Regulation; to amend the Merchant Shipping Act |
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1995; and for connected purposes. |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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1 | Establishment of Marine Navigation Aids Commission |
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(1) | There shall be a body corporate known as the Marine Navigation Aids |
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Commission (“the Commission”), funded by the General Lighthouse Fund. |
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(2) | The Commission shall not be regarded as the servant or agent of the Crown or |
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as enjoying any status, immunity or privilege of the Crown; and its property |
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shall not be regarded as property of, or held on behalf of, the Crown. |
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(3) | The purposes of the Commission shall be to— |
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(a) | operate and maintain navigation aids in a safe and cost effective |
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(b) | collect light dues, as defined in section 205(1) of the Merchant Shipping |
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Act 1995, payable by ships entering English, Welsh, Scottish and |
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(4) | At the commencement of this Act, the responsibilities of the general lighthouse |
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authorities, as defined in section 193 (general and local lighthouse authorities) |
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of the Merchant Shipping Act 1995, regarding the operation and maintenance |
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of marine navigation aids, shall be transferred to the Marine Navigation Aids |
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2 | Membership of Marine Navigation Aids Commission |
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(1) | The Secretary of State shall appoint— |
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(a) | a chairperson of the Commission, |
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(b) | in consultation with the chairperson, between six and eight other |
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members of the Commission. |
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(2) | In making any appointment to membership of the Commission, the Secretary |
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(a) | have regard to the desirability of appointing a person who has |
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experience of, and has shown capacity in, some matter relevant to the |
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functions of the Commission; |
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(b) | consult the Scottish Ministers, the Welsh Ministers and the Department |
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of the Environment in Northern Ireland. |
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(3) | The Secretary of State may by order alter the number of members specified in |
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(4) | An order made under subsection (3) shall be made by statutory instrument and |
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shall be subject to annulment in pursuance of a resolution of either House of |
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3 | Chief executive of Commission |
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(1) | The Marine Navigation Aids Commission shall, with the approval of the |
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Secretary of State, appoint a chief executive. |
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(2) | A person appointed as chief executive of the Commission shall, if not already |
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a member of the Commission, be appointed as a member. |
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(3) | The chief executive shall be responsible for the safe, effective and efficient |
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operation of the Marine Navigation Aids Commission and shall report to the |
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Office of Marine Navigation Aids Regulation. |
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4 | Establishment of Office of Marine Navigation Aids Regulation |
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(1) | There shall be a body corporate known as the Office of Marine Navigation Aids |
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Regulation (“the Office”), funded by the General Lighthouse Fund. |
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(2) | The functions of the Office shall be to regulate the work of the Marine |
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Navigation Aids Commission and, in particular, to — |
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(a) | ensure the safe provision of navigation aids in the United Kingdom by |
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(b) | ensure that navigation aids in the United Kingdom are maintained and |
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operated in an efficient manner by the Commission, |
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(c) | set the level of light due charges payable by ships entering United |
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Kingdom waters to the Marine Navigation Aids Commission, and |
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(d) | administer the General Lighthouse Fund. |
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(3) | The Office shall commission any relevant research which it deems necessary to |
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enable it to carry out its functions under subsection (2). |
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(4) | At the request of the Office, the Marine Navigation Aids Commission must |
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disclose any relevant information necessary for the Office to be able to carry |
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out its functions under subsection (2). |
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(5) | The Office shall produce an annual report for the Secretary of State which shall |
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outline how it has carried out the functions in subsection (2). |
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5 | Membership of Office of Marine Navigation Aids Regulation |
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(1) | The Secretary of State shall appoint— |
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(a) | a chairperson of the Office, |
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(b) | in consultation with the chairperson, at least four other members. |
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(2) | The chairperson or another member— |
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(a) | may not be appointed for a term of more than five years (but may be |
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(b) | may resign by notice in writing to the Secretary of State, and |
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(c) | shall hold and vacate office in accordance with the terms of his |
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(3) | Before appointing a person as a member of the Office the Secretary of State |
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must be satisfied that the person neither has nor is expected to acquire a |
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financial or other personal interest which is likely to influence the performance |
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of his functions as a member. |
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(4) | The Secretary of State may dismiss a member of the Office by notice in writing |
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on the grounds that the member— |
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(a) | has been absent from meetings of the Office without permission of the |
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Office during a period of more than three months, |
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(b) | has a financial or other personal interest which is likely to influence the |
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performance of his functions as a member, |
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(c) | is the subject of a bankruptcy restrictions order (or interim order), |
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(d) | has had his estate sequestrated in Scotland or, under Scots law, has |
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made a composition or arrangement with, or granted a trust deed for, |
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(f) | is unable, unfit or unwilling to perform his functions as a member. |
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(5) | The Office shall appoint a Chief Executive, after— |
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(a) | consulting the Secretary of State, and |
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(b) | obtaining the Treasury’s approval of the terms and conditions of |
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In this Act “navigation aids” includes lighthouses, buoys, beacons and any |
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other aids which enable the safe navigation of marine vessels. |
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Section 193 of the Merchant Shipping Act 1995 is amended as follows— |
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(a) | omit subsections (1) and (3), |
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(b) | for subsection (4)(a) substitute— |
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“(a) | in relation to the Marine Navigation Aids Commission, |
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England, Wales, Scotland, Northern Ireland and the |
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adjacent seas and islands;” |
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(c) | for subsection (5) substitute— |
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“(5) | The Marine Navigation Aids Commission is responsible for |
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lighthouses in Gibraltar, the Channel Islands and the Isle of |
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Man, and their surrounding seas. |
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(6) | In subsection (4)(a) references to the seas include seas in an area |
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specified by virtue of section 129(2)(b).” |
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(1) | The Merchant Shipping Act 1995 is amended as follows. |
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(2) | In section 197 omit subsections (8) to (11). |
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(3) | After section 197 insert— |
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“197A | Commercial activities |
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(1) | The Marine Navigation Aids Commission may enter into agreements— |
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(a) | for the use by others of assets of the Commission (“hire |
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(b) | for the provision of consultancy or other services by the |
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Commission (“service agreements”). |
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(2) | The Marine Navigation Aids Commission may not enter into a hire or |
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service agreement unless— |
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(a) | it is satisfied that it is not likely to prejudice the discharge of its |
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functions under section 195, and |
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(b) | the Office of Marine Navigation Aids Regulation consents. |
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(3) | Where the Marine Navigation Aids Commission enters or seeks to |
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enter into hire or service agreements— |
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(a) | expenditure of the Commission incurred in connection with the |
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agreements, and with the Office’s consent, shall be paid out of |
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the General Lighthouse Fund, and |
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(b) | sums received by the Marine Navigation Aids Commission |
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under the agreements shall be paid into the General Lighthouse |
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(4) | The Office of Marine Navigation Aids Regulation may consent to |
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expenditure in acquiring an asset for the purpose of entering into hire |
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agreements only if the Office thinks that the expenditure is merely |
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preparatory or subsidiary to hire agreements in respect of other assets |
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(such as in the case of acquiring one asset to be used with another or to |
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be used in fitting, maintaining or converting another). |
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(5) | The Marine Navigation Aids Commission shall send a copy of any hire |
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or service agreement to the Office of Marine Navigation Aids |
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(6) | Consent under this section— |
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(a) | may be subject to conditions, |
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(b) | may be general or specific, and |
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(c) | may be prospective or retrospective.” |
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For section 199 of the Merchant Shipping Act 1995 substitute— |
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“199 | Control of local lighthouses |
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(1) | The Marine Navigation Aids Commission may give directions to local |
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lighthouse authorities about lighthouses, buoys and beacons. |
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(2) | A direction may in particular relate to— |
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(a) | the erection or placing of lighthouses, buoys or beacons; |
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(b) | their removal or discontinuance; |
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(c) | their repair, maintenance or improvement; |
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(d) | the manner in which they are operated. |
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(3) | A direction may be given only with the consent (whether general or |
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specific) of the Office of Marine Navigation Aids Regulation. |
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(4) | A local lighthouse authority must comply with directions under this |
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(5) | Failure to comply with a direction without reasonable excuse is an |
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(6) | A local lighthouse authority may not without the consent of the Marine |
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Navigation Aids Commission— |
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(a) | erect or place any lighthouse, buoy or beacon, |
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(b) | remove or discontinue any lighthouse, buoy or beacon, or |
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(c) | vary the character of any lighthouse, buoy or beacon or the |
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mode of exhibiting lights in any lighthouse, buoy or beacon. |
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(7) | Nothing in this section applies to local buoys or beacons placed or |
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erected for temporary purposes. |
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199A | Section 199 directions: supplementary |
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(1) | A direction under section 199 must be in writing. |
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(2) | Before giving a direction the Marine Navigation Aids Commission |
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(a) | notify the relevant local lighthouse authority, and |
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(b) | allow them a reasonable opportunity to make representations. |
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(3) | The Office of Marine Navigation Aids Regulation may withdraw |
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consent under section 199(3). |
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(4) | If consent is withdrawn any direction made in reliance on it lapses |
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(without prejudice to its validity until then). |
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(5) | Local lighthouse authorities guilty of the offence under section 199(5) |
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are liable on summary conviction to a fine not exceeding level 5 on the |
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10 | General light dues to be paid by ships belonging to Her Majesty |
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In section 205 of the Merchant Shipping Act 1995 omit subsection (4)(a). |
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11 | Administration of the General Lighthouse Fund |
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(1) | Section 211 of the Merchant Shipping Act 1995 is amended as follows. |
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(2) | In subsection (1) for “Secretary of State” substitute “Office of Marine |
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Navigation Aids Regulation”. |
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(a) | for paragraph (a) substitute— |
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“(a) | any expenses incurred by the Marine Navigation Aids |
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Commission and the Office of Marine Navigation Aids |
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Regulation in connection with the discharge of their |
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(b) | for paragraph (c) substitute— |
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“(c) | such sums as the Office of Marine Navigation Aids |
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Regulation may determine as sums appearing to it to |
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represent the amount or estimated amount of any |
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expenses incurred or likely to be incurred by it in |
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connection with the administration of the Fund;”. |
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(a) | for paragraph (a) substitute— |
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“(a) | all general light dues and other sums received by or |
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accruing to the Marine Navigation Aids Commission by |
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virtue of, or in connection with, the discharge of its |
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(b) | for paragraph (b) substitute— |
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“(b) | any sums received by the Secretary of State in pursuance |
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of any such agreement as is mentioned in subsection |
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(2)(b) above in respect of— |
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(i) | expenses incurred by him in pursuance of the |
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(ii) | expenses incurred by the Marine Navigation |
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Aids Commission which, by virtue of subsection |
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(2) above, are payable out of that Fund;”. |
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12 | General Lighthouse Fund: Pensions |
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In the Merchant Shipping Act 1995 for section 214 substitute— |
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“214 | General Lighthouse Fund: pensions |
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(1) | There shall be payable to or in respect of persons whose salaries are or |
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were paid out of the General Lighthouse Fund such pensions as may be |
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determined in accordance with— |
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(a) | in the case of such of those persons as are employed by the |
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Office of Marine Navigation Aids Regulation, arrangements |
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(b) | in the case of other such persons, arrangements made by the |
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Marine Navigation Aids Commission and approved by the |
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| and those benefits shall be charged on and payable out of that Fund. |
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(2) | The Secretary of State shall make arrangements for part of the General |
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Lighthouse Fund to be allocated for the payment of pensions (and to be |
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unavailable for other purposes). In particular, the arrangements— |
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(a) | shall provide for the allocation of sums paid into the Fund by |
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way of pension contributions after commencement of the |
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(b) | may provide for the allocation of other sums paid into the Fund |
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(whether or not by way of pension contributions and whether |
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paid before or after commencement of the arrangements). |
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(3) | The Secretary of State may by order make arrangements for pensions in |
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respect of persons whose salaries are or were paid out of the General |
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Lighthouse Fund to be paid otherwise than out of the Fund. |
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(4) | An order under subsection (3)— |
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(a) | may establish a pensions scheme and may, in particular, |
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(i) | for the appointment and tenure of trustees; |
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(ii) | for conferring other discretionary functions on the |
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Secretary of State or on one or more specified persons; |
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(iii) | about winding up the scheme, |
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(b) | may amend the list in Schedule 1 to the Superannuation Act |
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1972 (and make other incidental amendments of that Act), |
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(c) | may include incidental, consequential or transitional provisions |
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which may, in particular, include— |
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(i) | provision about the payment of contributions; |
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(ii) | provision transferring or otherwise relating to sums |
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allocated in accordance with subsection (2); |
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(iii) | consequential amendment of a provision of this Act, |
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including section 211 and this section, and |
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(d) | may apply generally or only in relation to specified cases or |
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circumstances and may make different provision for different |
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(5) | In this section “pensions” includes allowances and gratuities.” |
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13 | Amendments to the Merchant Shipping Act 1995 |
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(1) | At the commencement of this Act, the responsibilities of the Secretary of State |
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and of the general lighthouse authorities, as defined in section 193 (general and |
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local lighthouse authorities) of the Merchant Shipping Act 1995, regarding the |
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operation and maintenance of marine navigation aids in the United Kingdom, |
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shall be transferred to the Marine Navigation Aids Commission or the Office |
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of Marine Navigation Aids Regulation. |
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(2) | The Schedule contains minor and consequential amendments in relation to the |
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transfer of those responsibilities. |
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14 | Short title, commencement and extent |
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(1) | This Act may be cited as the Marine Navigation Aids Act 2010. |
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(2) | The provisions of this Act shall come into force on such day or days as the |
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Secretary of State may by order made by statutory instrument appoint. |
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(3) | The provisions of this Act extend to the United Kingdom. |
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