Saint Christopher and Nevis Ports Authority (Amendment) Bill, 2018

No.      of 2018                        Saint Christopher Air and Sea                              Saint Christopher

Ports Authority (Amendment)                               and Nevis

Bill, 2018

 

SAINT CHRISTOPHER AND NEVIS

­­­­­­­­­­­­­­­

No.         of 2018

 

A BILL to amend the Saint Christopher Air and Sea Ports Authority Act, Cap. 8.07.

 

BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and consent of the National Assembly of Saint Christopher and Nevis and by the authority of the same as follows:

 

  1. Short title.

This Act may be cited as the Saint Christopher Air and Sea Ports Authority (Amendment) Act, 2018.

 

  1. Interpretation.

In this Act,

“Act” means the Saint Christopher Air and Sea Ports Authority (Amendment) Act, Cap. 8.07.

 

  1. Amendment of section 24.

The Act is amended in section 24 subsection (2) (a) by replacing it with the following new subsection

 

“(2) (a) to borrow and reborrow moneys pursuant to loan agreements whether secured or otherwise, or by the issue and sale of debentures or debenture stock or other security , or promissory notes, or any  combination thereof, for the purpose of raising the funds of the Authority for the effectual exercise by it of the powers conferred by this Act.”.

 

  1. Amendment of section 75.

The Act is amended in section 75 by

 

  • in subsection (1), replacing the expression “Where, after the commencement of this Act” with the expression “Subject to sub-section (2), where after the commencement of this Act”;

 

 

  • inserting new subsections (2) and (3) as follows

 

“(2) Subsection (1) shall not apply to any action or legal proceeding            commenced against the Authority arising out of, related to, or connected            with any borrowing by the Authority pursuant to its powers under section 24 or section 25.

 

(3) Section 2(1) (a) of the Public Authorities Protection Act Cap 5.13 shall             not apply to any action or legal proceeding commenced against the          Authority arising out of, related to, or connected with any borrowing by      the Authority pursuant to its powers under section 24 or section 25.”.

 

  1. Amendment of section 76.

The Act is amended in section 76 by

 

  • in subsection (1), replacing the expression “Notwithstanding anything to the contrary in this Act” with the expression “Subject to sub-section (2) and notwithstanding anything to the contrary in this Act”;

 

  • inserting a new subsections (2) as follows

 

“(2) Subsection (1) shall not apply to:

(a) any judgment or order obtained against the Authority arising out of, related to, or connected with any borrowing by the Authority pursuant to its powers under section  24 or section 25, including the enforcement or realization of any security provided by the Authority;

(b) any seizure or taking of any property of the Authority by any person, including a receiver appointed out of court, having by law power to attach or distrain property, where such seizure or distress arises out of, is related to, or is connected with any borrowing by the Authority pursuant to its powers under section 24 of section 25; or

(c) the enforcement or realization of any security provided by the Authority where the grant of such security arises out of, is related to, or is connected with any borrowing by the Authority pursuant to its powers under section 24 of section 25.”.

 

 

 

 

 

 

 

 

  1. Amendment of section 78.

The Act is amended in section 78 by adding a new subsection (5) as follows

 

“(5) All lands and other property within the limits of the ports vested in the Saint Christopher Air and Sea Ports Authority pursuant to section 78(1) (a) may be dealt with, including but not limited to being conveyed, disposed of or mortgaged, under and in accordance with the provisions of the Conveyancing and Law of Property Act, Cap. 10.04.”.

 

 

 

 

 

 

……………………………..

  1. MICHAEL PERKINS

                                                                                                            Speaker

 

 

Passed by the National Assembly this                day of                             , 2018.

 

 

 

            w

………………………………….

SONIA BODDIE-THOMPSON

                                                                               Deputy Clerk of the National Assembly

 

 

 

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