The Infrastructure Planning (Model Provisions) (England and Wales) Order 2009

Incorporation of the Harbours, Docks and Piers Clauses Act 1847

2.—(1) With the exception of sections 6 to 23, 25, 31, the proviso to section 32, sections 42, 45, 48 to 50, 60 to 63, 66 to 69, 73, 77 and 79 to 90, 92, 97 and 102, the 1847 Act is incorporated in this Order subject to the modifications stated in paragraphs (2) and (3).

(2) 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 [insert relevant body].

(c) the expression “the harbour, dock or pier” means the authorised project 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”, in relation to the authorised project, means the [insert relevant body].;

(g) the definition of “vessel” in article 1(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 harbourmaster to serve written notice on the master of a vessel and directions given under that section may be communicated to the master of a vessel orally or otherwise; and

(i) any requirement to comply with a notice or direction given by the harbour master 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 [insert relevant authority] 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).