The River Mersey (Mersey Gateway Bridge) Order 2011

Prohibitions within the new crossing area, etc.

18.—(1) Regardless of anything in any other enactment or rule of law but subject to the provisions of this article, the relevant navigation authority shall, if the undertaker reasonably so requires during construction of the new crossing or at any other time for reasons of public safety, at the request of the undertaker and at the undertaker’s expense, by direction close the whole or any part of the new crossing area to navigation by all vessels or by any class of vessel.

(2) In the event that no navigation authority has or admits to have jurisdiction to issue a direction under paragraph (1) the undertaker may by direction close the whole or any part of the new crossing area to navigation by all vessels or by any class of vessel for the purposes of the authorised works during construction of the new crossing or at any other time for reasons of public safety and the provisions of this article shall apply to the undertaker as if the undertaker was the relevant navigation authority.

(3) Subject to paragraph (4), a direction under paragraph (1) or (2) shall specify the duration of the closure, the part of the relevant navigation affected and the vessels to which it applies.

(4) The duration of a closure under this article may be extended by the relevant navigation authority until it is satisfied (acting reasonably) that any navigation to be opened following the closure has adequate depth and is free of obstruction.

(5) A person may not, without the written consent of the relevant navigation authority, within any part of the new crossing area, during a period when it is closed to navigation under this article—

(a) navigate any vessel or moor a vessel if the vessel concerned is subject to the closure;

(b) lay down or place any mooring or apparatus, including mains, sewers, drains and cables; or

(c) undertake or cause any other operation or activity,

unless that person does so in compliance with any direction which the relevant navigation authority has given either in an emergency or for naval or military operational requirements which the relevant navigation authority is satisfied it is not reasonably practicable to fulfil at any other time.

(6) Any person who contravenes the requirements of paragraph (5) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(7) Except in an emergency, the relevant navigation authority shall at the undertaker’s expense publish notice of any direction given under paragraph (1) or (2) in at least one local newspaper circulating in the area in which the works are situated, not less than 14 days before the direction is to take effect.

(8) In making a direction pursuant to paragraph (1) or (2), the relevant navigation authority shall ensure that no more of the new crossing area is closed to navigation at any time by all vessels, or by any class of vessel, than is at that time necessary in the circumstances.

(9) If complete closure of the new crossing area to all vessels or to any particular class of vessels is necessary at any time, the undertaker shall secure that any work of construction or maintenance of the new crossing shall be carried out as soon as reasonably practicable to ensure that the minimum obstruction, delay or interference is caused to vessels which may be using or intending to use the new crossing area.

(10) Without prejudice to article 22 (application of Part 1 of the 1965 Act), neither the undertaker nor the relevant navigation authority shall be liable for any costs, damages or expenses whatsoever incurred by any person as a result, directly or indirectly, of any closure of the new crossing area under this article.

(11) A direction given under this article may be varied or revoked by a subsequent direction given under this article.