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9 1946



Contracts and Tenders.


142. —(1) A harbour authority may enter into any contract which they think proper in connection with any of the following matters:

(a) the administration of their harbour,

(b) the carrying out of any harbour works order,

(c) the dredging of any harbour and the approaches thereto,

(d) the discharge of any of the functions given to the harbour authority by or under this Act.

(2) The following provisions shall have effect in relation to a contract made by a harbour authority in respect of the carrying out of any constructional or building work whether pursuant to a harbour works order or otherwise or in respect of dredging:

(a) where the consideration for the contract exceeds fifty pounds, the contract shall be in writing and sealed with the common seal of the harbour authority;

(b) the contract shall specify—

(i) the consideration therefor,

(ii) the time or times within which the contract is to be performed, and

(iii) a pecuniary penalty to be paid in case the terms of the contract are not duly performed.

(3) A harbour authority may compound for any sum they think proper, with any person who is a party to a contract made by them, in respect of any penalty incurred either by such harbour authority or such person by reason of the non-performance of the contract or any term thereof, whether the penalty is due under the contract or under any bond or other security.

Regulations as to tenders.

143. —(1) The Minister may make regulations in relation to a harbour authority with respect to tenders.

(2) Regulations under this section may, in particular, contain all or any of the following provisions:—

(a) provisions specifying the classes of contracts for which tenders shall be obtained,

(b) provisions specifying the manner in which tenders shall be sought,

(c) provisions specifying the conditions subject to which tenders may be accepted,

(d) provisions specifying that, in respect of contracts the consideration for which does not exceed a specified amount, tenders need not be sought,

(e) provisions requiring estimates of the cost of carrying out any works to be obtained.