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Statutory Instruments

2008 No. 1261

Harbours, Docks, Piers And Ferries

The London Gateway Port Harbour Empowerment Order 2008

Made

2nd May 2008

Coming into force

16th May 2008

Contents

Go to Preamble

  1. PART 1

    PRELIMINARY

    1. 1. Citation and commencement

    2. 2. Interpretation

    3. 3. Incorporation of the Harbours, Docks and Piers Clauses Act 1847

    4. 4. Byelaws

    5. 5. Application of the Local Government Act 1972

    6. 6. Application of the New Roads and Street Works Act 1991

    7. 7. Incorporation of the Railways Clauses Consolidation Act 1845

  2. PART 2

    JURISDICTION AND ESTABLISHMENT OF THE HARBOUR AUTHORITY

    1. 8. Jurisdiction of the Harbour Authority

    2. 9. Agreements entered into by the Company, etc.

  3. PART 3

    WORKS PROVISIONS

    1. 10. Power to construct, etc., works

    2. 11. Power to construct, etc., pontoons and jetties

    3. 12. Further mitigation and compensation works

    4. 13. Power to dredge

    5. 14. Power to deviate

    6. 15. Fine for obstructing works

    7. 16. Tidal works not to be constructed without approval of the Secretary of State

    8. 17. Provision against danger to navigation

    9. 18. Lights on tidal works, etc.

    10. 19. Stopping up, diversion, provision and upgrading of footpaths and bridleways

    11. 20. Power to alter layout of streets, etc.

    12. 21. Power to execute street works

    13. 22. Temporary stopping up of streets

    14. 23. Agreements with street authorities

    15. 24. Construction of bridges

    16. 25. Level crossings

    17. 26. Application of permitted development rights

    18. 27. Defence to proceedings in respect of statutory nuisance

  4. PART 4

    ACQUISITION OF LAND

    1. 28. Power to acquire land

    2. 29. Application of Part 1 of the Compulsory Purchase Act 1965

    3. 30. Application of the Compulsory Purchase (Vesting Declarations) Act 1981

    4. 31. Disregard of certain interests and improvements

    5. 32. Extinction of private rights of way

    6. 33. Time limit for exercise of powers of acquisition

  5. PART 5

    FUNCTIONS OF THE HARBOUR AUTHORITY

    1. 34. Duty of the Harbour Authority

    2. 35. Power to make charges

    3. 36. Power to enter vessels

    4. 37. Recovery and enforcement of charges

    5. 38. Time when charges are payable and their recovery

    6. 39. Security for charges

    7. 40. Disputes concerning rates

    8. 41. Objection and arbitration in relation to charges

    9. 42. Power to appropriate berths, etc.

    10. 43. Power to remove goods

    11. 44. Power to operate and use railways

    12. 45. Saving for regulated rights, etc.

    13. 46. Powers of disposal

    14. 47. Conservation

    15. 48. Obstruction of officers

    16. 49. Arrangements with Her Majesty’s Revenue and Customs

    17. 50. Agreements with Network Rail

    18. 51. Power to establish a police force

    19. 52. Incorporation of Police and Criminal Evidence Act 1984

    20. 53. Refusal of a landing place, etc.

    21. 54. Power to discharge surface water into the river

    22. 55. Harbour Authority not to be a local lighthouse authority

    23. 56. Harbour Authority not to be a port health authority

  6. PART 6

    PROTECTIVE PROVISIONS

    1. 57. Crown rights

    2. 58. For the protection of the local highway authority

    3. 59. For the protection of Thurrock Borough Council and others

    4. 60. For the protection of Network Rail

    5. 61. For the protection of the Port of London Authority

    6. 62. For the protection of the Trinity House Lighthouse Service

    7. 63. For the protection of the Environment Agency

    8. 64. For the protection of National Grid Gas plc and other statutory undertakers

  7. PART 7

    MISCELLANEOUS AND GENERAL

    1. 65. No double recovery

    2. 66. Arbitration

    3. 67. Defence of due diligence

    4. 68. Local inquiries

    5. 69. Certification of plans, etc.

  8. SCHEDULES

    1. Schedule 1

      Works

    2. Schedule 2

      Restrictions on works

    3. Schedule 3

      Dredging works

    4. Schedule 4

      Stopping up of footpaths and bridleway and new public rights of way to be substituted

    5. Schedule 5

      Application of permitted development rights

      1. Part 1

        General Permitted Development

      2. Part 2

        Habitats Regulations

    6. Schedule 6

      For the protection of Thurrock Borough Council and others

    7. Schedule 7

      For the Protection of Network Rail

    8. Schedule 8

      For the Protection of the Port of London Authority

    9. Schedule 9

      For the Protection of the Trinity House Lighthouse Service

    10. Schedule 10

      For the Protection of the Environment Agency

    11. Schedule 11

      For the Protection of National Grid Gas Plc and other statutory undertakers

    12. Schedule 12

      Land which may be acquired compulsorily

Go to Explanatory Note

The Peninsular and Oriental Steam Navigation Company has applied for a harbour empowerment order under section 16 of the Harbours Act 1964 (“the 1964 Act”)(1);

The Secretary of State is satisfied as mentioned in section 16(5) of the 1964 Act;

The Secretary of State caused an inquiry to be held for the purposes of the application pursuant to paragraph 18 of Part 1 of Schedule 3 to the 1964 Act; and

The Secretary of State has considered the objections made and not withdrawn and the report of the person who held the inquiry and has determined to make an order giving effect to the proposals comprised in the application with modifications which in her opinion do not make any substantial change to the proposals.

Accordingly, the Secretary of State for Transport (being the appropriate Minister under section 16(1) of the 1964 Act(2)) makes the following Order in exercise of the powers conferred by that section and now vested in her(3):

(1)

1964 c. 40; section 16 was amended by the Transport Act 1981 (1981 c. 56) sections 18(1) and 40, Schedule 6, paragraphs 3, 4(1), 4(2), 4(8), 14(2) and 14(3) and Schedule 12 (Part II) and by the Criminal Justice Act 1988 (1988 c. 33) section 46 and by the Transport and Works Act 1992 (1992 c. 42) section 63(1) and paragraphs 2(2), (4) and (5) of Schedule 3. Back [1]

(2)

For the definition of the Minister (mentioned in section 16) see section 57(1). Back [2]

(3)

S.I. 1981/238 and S.I. 1997/2971 and S.I. 2001/2568. Back [3]

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