Harbours Act 2015

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Future transfer of Dundalk Harbour

35. (1) The Minister may, with the consent of the Minister for the Environment, Community and Local Government and after consultation with Dublin Port Company, by order provide for the transfer of Dundalk Harbour to Louth County Council on such day as the Minister appoints in the order (in this section referred to as the “transfer day”).

(2) Without prejudice to section 89 of the Act of 1996, all bye-laws of Dundalk Port Company or of Dublin Port Company made under section 42 or 71 of the Act of 1996 in respect of Dundalk Harbour, which are subsisting on the transfer day shall continue in force and may be amended or revoked by Louth County Council—

(a) in like manner as they could have been revoked by the company before that day, or

(b) under section 89 of the Act of 1996 as if they had been made under that section.

(3) With effect from the transfer day, there is transferred to Louth County Council from Dublin Port Company all property (real and personal) and rights held or enjoyed immediately before that day by Dublin Port Company in respect of Dundalk Harbour and, accordingly, without any further conveyance, transfer or assignment—

(a) the property so held or enjoyed, both real and personal, vests on the transfer day in Louth County Council, for all the estate, term or interest for which, immediately before that day, it was vested in Dublin Port Company in respect of Dundalk Harbour, but subject to all trusts and equities affecting the property and capable of being performed,

(b) the rights so held or enjoyed, are as on and from the transfer day, held and enjoyed by Louth County Council.

(4) Any liabilities of Dublin Port Company incurred by it in respect of Dundalk Harbour before the transfer day shall remain vested in Dublin Port Company.

(5) All moneys, stocks, shares and securities transferred to Louth County Council by this section that, immediately before the transfer day, are in the name of Dublin Port Company in respect of Dundalk Harbour, shall, at the request of Louth County Council, be transferred into Louth County Council’s name.

(6) Every right transferred to Louth County Council by this section may, on and after the transfer day, be sued on, recovered or enforced by or against Louth County Council in its own name and it shall not be necessary for it to give notice of the transfer to the person whose right is transferred by this section.

(7) Every—

(a) bond, guarantee or other security of a continuing nature, and

(b) contract or agreement,

made or given by or on behalf of Dublin Port Company in respect of Dundalk Harbour to any person or given by any person to and accepted by or on behalf of Dublin Port Company in respect of Dundalk Harbour—

(i) continues in force on and after the transfer day,

(ii) shall be read and have effect, on or after that day, as if the name of Louth County Council was substituted in the contract or agreement for that of Dublin Port Company in respect of Dundalk Harbour or, as the case may be, any trustee or agent acting on its behalf, and

(iii) is enforceable against Louth County Council.

(8) If, immediately before the transfer day, any legal proceedings are pending to which Dublin Port Company in respect of Dundalk Harbour is a party, Louth County Council’s name shall be substituted in the proceedings for the name Dublin Port Company or any trustee or agent acting on its behalf, and the proceedings shall not abate because of the substitution.

(9) On the transfer day the limits of Dundalk Harbour shall be as set out in section 9 of, and Part 1 of the Third Schedule to, the Act of 1996.

(10) (a) On the transfer day there is conferred on Louth County Council the function of organising and ensuring the provision of pilotage services in the pilotage district of Dundalk Harbour by one of the means specified in section 56(1) of the Act of 1996.

(b) On the transfer day the Act of 1996 in so far as it relates to pilotage services applies to the pilotage district referred to in this subsection with the substitution for references to “company”, in each place where it occurs, of references to “local authority”.

(11) On the transfer day the Harbours Acts 1996 to 2009 (Transfer of Functions of Dundalk Port Company) Order 2011 ( S.I. No. 361 of 2011 ) is revoked.