- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
3.—(1) Subject to the following provisions of this article, the Act of 1847 (except sections 6 to 13, 16 to 20, 23, 25 to 27, 31, 48 to 50, 67, 79 to 82, 84 to 90, 97 and 98 and so much of the proviso to section 83 as follows the words “the special Act”), so far as the same is applicable for the purposes of, and is not inconsistent with, the provisions of this Order, is hereby incorporated with this Order.
(2) In the Act of 1847 so incorporated –
(a)section 15 of the Act of 1847 shall have effect as if, for the words after “in default thereof” 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”;
(b)section 34 of the Act of 1847 shall have effect as if, after the word “may”, there were inserted the words “(on producing, if so required, a duly authenticated document showing his authority)”;
(c)section 63 of the Act of 1847 shall have effect as if the words “and a further sum of £1 for every hour that such vessel shall remain within the limits aforesaid, after a reasonable time for removing the same has expired after such requisition” were omitted; and
(d)section 69 of the Act of 1847 shall have effect as if for the words after “if he fails so to do” to the end of the section there were substituted the words “shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale”.
(3) In the construction of the Act of 1847 so incorporated the expression “the harbour master” means the person appointed as such by the City Council and includes his deputies and assistants appointed by the City Council, the expression “the special Act” means this Order and the expression “vessel” has the meaning assigned to it by article 2(1).
(4) For the purposes of section 83 of the Act of 1847 so incorporated, section 236 to 238 of the Local Government Act 1972(1) shall apply to this Order as if it were such an enactment as is referred to in the said section 236, and:
(a)for the purposes of the said section 236 the confirming authority for bye-laws made under the said section 83 shall be the Secretary of State for Transport; and
(b)the said section 236 shall have effect as if in its subsection (7) after the word “confirm” where it first occurs the words “with or without modification” were inserted.
(5) If the Secretary of State, on considering bye-laws relating to the Mile End Quay undertaking made by the City Council and submitted under the said section 236 as having effect in accordance with paragraph (4), proposes to make a modification which appears to him to be substantial, then –
(a)he shall inform the City Council as appropriate and require it to take any steps he considers necessary for informing persons likely to be concerned with the modification; and
(b)he shall not confirm the bye-laws until such period has elapsed as he thinks reasonable for the City Council and other persons who have been informed of the proposed modification to consider and comment on it.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: