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The London Gateway Port Harbour Empowerment Order 2008

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Incorporation of the Harbours, Docks and Piers Clauses Act 1847

3.—(1) The 1847 Act (except sections 6 to 23, 25, 31, the proviso to section 32, sections 42, 45, 48 to 50, 60 to 63, 66 to 68, 73, 77 and 79 to 83) is hereby incorporated in this Order subject to the modifications stated in paragraphs (2) and (3) and in articles 37 (recovery and enforcement of charges) and 40 (disputes concerning rates).

(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) In construing the 1847 Act as so incorporated—

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

(b)the expressions “the Promoters of the undertaking” and “the undertakers” mean the Harbour Authority;

(c)the expression “the harbour, dock or pier” means the authorised works within the area of jurisdiction;

(d)the expressions “limits” and “prescribed limits” mean the area of jurisdiction;

(e)the expression “near the pier” does not extend beyond the area of jurisdiction;

(f)the expression “the harbour master” means, in relation to the authorised works, the Dockmaster;

(g)the definition of “vessel” in article 2(1) shall be substituted for the definition in section 3 of the 1847 Act;

(h)section 53 of the 1847 Act shall not be construed as requiring the Dockmaster to serve written notice upon the master of a vessel and directions given under that section may be communicated to the vessel master orally or otherwise; and

(i)any requirement to comply with a notice or direction given by the Dockmaster shall be construed as including a requirement that, in complying with such notice or direction, a person who is subject to the notice or direction shall also comply with any relevant notice or direction given by the PLA or the Harbour Master in the exercise by either or both of them of any function conferred by or under any enactment (including this Order).

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