The Port of Tyne Harbour Revision Order 1998

Statutory Instruments

1998 No. 3277

HARBOURS, DOCKS, PIERS AND FERRIES

The Port of Tyne Harbour Revision Order 1998

Made

23rd December 1998

Coming into force

6th January 1999

Whereas the Port of Tyne Authority have applied for a harbour revision order under section 14 of the Harbours Act 1964(1);

And whereas no objection to the application has been made pursuant to paragraph 3(a) of Schedule 3 to the said Act(2);

And whereas the Secretary of State is satisfied as mentioned in subsection (2)(b) of the said section 14:

Now, therefore, the Secretary of State for the Environment, Transport and the Regions (being the appropriate Minister under subsection (7) of the said section 14(3)), in exercise of the powers conferred by that section and now vested in him(4) and of all other powers enabling him in that behalf, hereby makes the following Order:–

Citation and commencement

1.  This Order may be cited as the Port of Tyne Harbour Revision Order 1998 and shall come into force on 6th January 1999.

Interpretation

2.  In this Order–

“the appointed day” means such day as the Authority may appoint for the purposes of article 3 of this Order;

“the Authority” means the Port of Tyne Authority;

“the signed plan” means the plan marked “Port of Tyne Harbour Revision Order 1998” signed in duplicate by the Head of Ports Division in the Department of the Environment, Transport and the Regions, one copy of which has been deposited at the offices of that Department and the other at the offices of the Authority at Maritime House, Tyne Dock, South Shields, Tyne & Wear, NE34 9PT;

“Tyne Dock” means the area shown outlined in blue on the signed plan, being an area enclosed by an imaginary line commencing in the River Tyne on Riverside Quay at point NZ 435221 565879 (point A) then extending in a southerly and then generally south-westerly direction along the tidal entrance to the dock and along North West Quay to a point NZ 435102 565359 (point B) then extending in an easterly direction along the north side of a reclaimed area to a point NZ 435331 565399 (point C) then extending in a northerly direction along Factory Quay and the closed lock to a point NZ 435336 565776 (point D) then extending in a generally north-westerly direction in the river Tyne across the entrance to the dock to point A.

Power to close Tyne Dock

3.—(1) Notwithstanding anything contained in any enactment or rule of law, the Authority may, on such day as they may by resolution appoint, close Tyne Dock and the facilities therein.

(2) The date appointed by the Authority by resolution as the date for the closure of Tyne Dock under this article shall be a date not less than two months after the date of the resolution.

(3) Not less than 28 days before the appointed day the Authority shall publish in Lloyd’s List newspaper and in at least one local newspaper circulating in Newcastle-upon-Tyne a notice containing a copy of the resolution and explaining the effect thereof.

Repeals

4.  On the appointed day the Jarrow Dock and Railway Act 1854(5) shall be repealed to the extent specified in the third column of the Schedule to this Order.

Article 4.

SCHEDULE REPEALS

Chapter	Short title	Extent of repeal
1854 c. clxiv.	The Jarrow Dock and Railway Act 1854	In section 1:– (a) in the definition of “the Undertaking”, the word “Docks”; and (b) the definition of “Docks”.
		In section 2, the words “and “The Harbours, Docks, and Piers Clauses Act 1847””.
		Sections 3 and 4.
		In section 5, the words “of the said Docks and”, “thereto” in both places where it occurs, “Docks and”, “Locks, Basins, Timber Ponds, Reservoirs, Sluices”, “River and other” and “Quays, Wharfs, Staiths”.
		Sections 7 to 59.
		Schedules (A) and (B).

Signed by the authority of the Secretary of State for the Environment, Transport and the Regions

S.K. Reeves

Head of Ports Division,

Department of the Environment, Transport and the Regions

23rd December 1998

Explanatory Note

(This note is not part of the Order)

This Order enables the Port of Tyne Authority (the applicant for the Order) to close Tyne Dock.

(1)

1964 c. 40; section 14 was amended by the Transport Act 1981 (c. 56), section 18 and Schedule 6, paragraphs 2, 3, 4(1) and 14, and by the Transport and Works Act 1992 (c. 42), Schedule 3, paragraph 1.

(2)

Schedule 3 was amended by the Transport Act 1981 (c. 56), section 18 and Schedule 6, paragraphs 4(2) to (7) and 12, by the Transport and Works Act 1992 (c. 42), Schedule 3, paragraph 10 and Schedule 4, Part II, and by S.I. 1988/1336 and S.I. 1996/1946.

(3)

For the definition of “the Minister” (mentioned in section 14(7)), see section 57(1).

(4)

S.I. 1981/238 and S.I. 1997/2971.

(5)

1854 c. clxiv.