The North Killingholme Haven Harbour Empowerment Order 1994

Incorporation of Harbours, Docks and Piers Clauses Act 1847

3.—(1) The Harbours, Docks, and Piers Clauses Act 1847(1) (except sections 6 to 19, 20 to 25, 31, the proviso to section 32, sections 33, 42, 48 to 50, 60 to 63, 66, 67, 73, and 77 to 82), so far as applicable to the purposes and not inconsistent with the provisions of this Order, is hereby incorporated with this Order subject to the modifications stated in paragraphs (2) to (5) below.

(2) Section 69 shall have effect as if for the words from “shall forfeit” to the end of the section there were substituted the words “shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale”.

(3) The byelaws which the Company may make by virtue of section 83 shall include such byelaws as they think fit for all or any of the following purposes—

(a) the management, control and regulation of the jetty premises and of goods, wares, merchandise and vehicles using or passing over or frequenting or resorting to the jetty premises;

(b) the control and regulation of vessels being within the prescribed limits;

(c) the conduct of persons using or being on the jetty premises and the control orprohibition of smoking by such persons;

(d) safety precautions to be observed by persons on vessels being within the prescribedlimits or persons using or being on the jetty premises.

(4) (a) Section 85 shall have effect as if for the words from “in the prescribed manner” to the end there were substituted the words “by the Secretary of State”.

(b) The provisions of section 236(3) to (8) and (11) and 238 of the Local Government Act 1972(2) shall apply to any byelaws made by the Company under the said section 85 as incorporated with this Order; and those provisions, in their application to any such byelaws, shall have effect as if the references to a local authority were references to the Company.

(c) Subsection (7) of the said section 236, in its application to any such byelaws, shall have effect as if—

(i) after the words “The confirming authority may confirm” there were insertedthe words “with or without modifications”; and

(ii) there were added at the end the following proviso—

• “Provided that, where the Secretary of State proposes to make a modification to a byelaw which appears to him to be substantial, he shall inform the Company and require them to take any steps which he considers to be necessary for informing persons likely to be concerned with the modification; and he shall not confirm the byelaws until such period has elapsed as he thinks reasonable for the consideration of, and comment upon, the proposed modification by the Company and by any other persons who have, or are likely to have, been informed of it.”.

(d) The said section 238, in its application to any such byelaws, shall have effect as if the reference to the proper officer of the authority were a reference to the secretary of the Company.

(5) In construing the provisions of the said Act of 1847 as incorporated with this Order—

(a) the expression “the special Act” means this Order, the expressions

• “the Promotersof the undertaking” and “the undertakers” mean the Company, and the expression “the harbour, dock or pier” means the works;

  (b)

  the expression “the harbour master” means the person appointed by the Companyto be the Dockmaster with reference to the works (in this Order referred to as “the Dockmaster of the Company”);

  (c)

  the meaning of the word “vessel” as defined in this Order shall be substituted forthe meaning assigned to that word by section 3 of the Act of 1847;

  (d)

  section 52 of the Act of 1847 shall extend to empower the Dockmaster of theCompany to give directions prohibiting the mooring of vessels within the prescribed limits;

  (e)

  the reference in section 53 of the Act of 1847 to notice of a direction by the harbourmaster served upon a vessel shall not be construed as requiring the notice to be in writing if in the circumstances it is not reasonably practicable for the Dockmaster of the Company to serve a written notice on the master, and in such circumstances the said reference may be construed as including the communication of the notice orally or otherwise.

(1)

1847 c. 27.

(2)

1972 c. 70.