The Associated British Ports (Hull) Harbour Revision Order 2006

Citation and commencement

1.  This Order may be cited as the Associated British Ports (Hull) Harbour Revision Order 2006 and comes into force on 25th April 2006.

Interpretation

2.—(1) In this Order—

“A.B. Ports” means Associated British Ports;

“the Act of 1847” means the Harbours, Docks, and Piers Clauses Act 1847 (1);

“the annexed plan” means the map contained in Schedule 2 to this Order;

“the Act of 1907” means the Hull & Barnsley Railway Act 1907(2);

“the Act of 1947” means the London and North Eastern Railway Act 1947(3);

“the Act of 1966” means the British Transport Docks Act 1966(4);

“the Act of 1969” means the British Transport Docks Act 1969(5);

“the Act of 1971” means the British Transport Docks Act 1971(6);

“the Act of 1988” means the Associated British Ports (Barrow) Act 1988(7);

“the 1995 Order” means the Town and Country Planning (General Permitted Development) Order 1995(8);

“Chart Datum” in relation to any depth of dredging is 3.9 metres below Ordnance Datum (Newlyn);

“the deposited plan” and “the deposited sections” mean respectively the plan and sections prepared in triplicate, signed by the Head of the Ports Division in the Department for Transport and marked “Plan and sections referred to in the Associated British Ports (Hull) Harbour Revision Order 2006”, one copy of which is deposited at the Department for Transport and the others at the principal office of A.B. Ports in London and at its office in Hull;

“the Dock Master” means the Dock Master of A.B. Ports at Hull Docks;

“the dredging area” means the area shown shaded blue on the deposited plan;

“enactment” includes any order, byelaw, rule, regulation, scheme or other instrument having effect by virtue of an enactment;

“the existing pier” means the pier in the river Humber together with any associated works authorised by the Act of 1907 and by the Act of 1947;

“the limits of deviation” means the limits of deviation shown on the deposited plan;

“Trinity House” means the Corporation of Trinity House of Deptford Strond;

“the undertaking” means the undertaking of A.B. Ports as authorised from time to time;

“vessel” means every description of vessel, however propelled or moved, including a hovercraft (within the meaning of the Hovercraft Act 1968)(9), a hydrofoil vessel and anything constructed or used to carry persons or goods by water; and

“the works” means the works authorised by this Order.

(2) Any reference in this Order to a work identified by the number of such work shall be construed as a reference to the work of that number authorised by this Order.

(3) All directions, distances and dimensions stated in any description of works shall be construed as if the words “or thereabouts” were inserted after each such direction, distance or dimension.

Incorporation of general enactments

3.—(1) The Act of 1847, except sections 6 to 23, 25, 31, 48 to 50, 79, 80, 84 to 88, 90, 97 and 98, is incorporated with and forms part of this Order.

(2) For the purposes of construing the Act of 1847, as so incorporated—

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

(b) the expression “the harbour, dock, or pier” means the works;

(c) the expression “the harbour master” means, in relation to the works, the Dock Master and includes any assistants of the Dock Master;

(d) for the definition of “vessel” in section 3 of the 1847 Act there is substituted the definition of “vessel” contained in article 2(1) above; and

(e) section 53 of the 1847 Act shall not be construed as requiring the Dock Master to serve upon the master of a vessel a notice in writing of his directions but such directions may be given orally or otherwise communicated to such master.

(3) Section 33 of the Act of 1847, as so incorporated, shall not be construed as derogating from the power of A.B. Ports to discontinue any part of the undertaking.

Power to make works

4.—(1) A.B. Ports may, in the lines and situations shown on the deposited plan and according to the levels shown on the deposited sections, make and maintain the following works partly in the City of Kingston upon Hull and partly on the bed and foreshore of the river Humber—

• Work No. 1

  A reclamation of the bed of the river Humber comprising an area of 7.5 hectares enclosed by a solid wall commencing at the river wall 575 metres west of the western side of the entrance to the Alexandra Dock, then extending southwards for a distance of 141 metres, turning eastwards for a distance of 411 metres, turning in a north north-easterly direction for a distance of 225 metres and terminating at the western side of the entrance to Alexandra Dock.

(2) A.B. Ports may, within the limits of deviation, from time to time alter, enlarge, replace, relay, extend or reconstruct temporarily or permanently the works.

(3) The works shall for all purposes form part of the undertaking.

Power to make subsidiary works

5.—(1) A.B. Ports may from time to time within the limits of deviation and the dredging area erect, construct and maintain all such works, conveniences, appliances and apparatus as they from time to time deem necessary or convenient for the purposes of or in connection with or incidental to, the construction and maintenance of Work No. 1 or the accommodation of vessels thereat.

(2) A.B. Ports may construct and maintain a noise barrier to a maximum height of 5 metres above the level of Work No. 1 at the position shown on the deposited plan.

Power to deviate

6.  In constructing Work No. 1 A.B. Ports may deviate laterally from the lines or situations shown on the deposited plan and described in article 4 above to the extent of the limits of deviation and may deviate vertically from the levels shown on the deposited sections to any extent not exceeding three metres upwards and to such extent downwards as may be found necessary or convenient.

Fine for obstructing works

7.  Any person who intentionally obstructs any person acting under the authority of A.B. Ports in constructing the works or who intentionally or recklessly interferes with equipment or materials used in the construction of the works shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Diversion of riverside footpath

8.—(1) A.B. Ports may permanently stop up and discontinue so much of the riverside footpath as lies between the points marked A and B on the annexed plan and may substitute between the said points respectively a new footpath along the same alignment to be carried for all or part of its length by a footbridge.

(2) Without prejudice to paragraph (4) below, the permanent stopping up of the riverside footpath authorised by paragraph (1) above shall not take place until the new footpath authorised by that paragraph is open for public use.

(3) Upon any such permanent stopping up all rights of way over or along that part of the riverside footpath stopped up shall be extinguished and A.B. Ports may appropriate and use the site and soil thereof so far as it is the owner of the same; and the new footpath and footbridge substituted therefor shall become a public footpath.

(4) A.B. Ports may during the construction of the works temporarily stop up so much of the riverside footpath as lies between the points marked A and C on the annexed plan and shall provide a reasonable temporary substitute in the position shown on the annexed plan between the points marked A, D, E and C throughout the period of such temporary stopping up.

(5) In this article “the riverside footpath” means the public footpath along the river wall on the north bank of the river Humber in the City of Kingston upon Hull.

Power to dredge in Humber

9.—(1) For the purposes of affording uninterrupted means of access to the works and of enabling their use at all states of the tide, A.B. Ports may from time to time deepen, dredge, scour, cleanse, alter and improve the bed, shores and channels of the river Humber adjoining or in the approaches to any of the works within the dredging area to a maximum depth of 11.5 metres below Chart Datum and may (subject to paragraph (2) below) as it thinks fit use, appropriate or dispose of the materials from time to time taken up or collected by it in the course of any such operations.

(2) No materials referred to in this article shall—

(a) be disposed of in contravention of the provisions of any enactment relating to the disposal of waste; or

(b) be deposited below the level of mean high-water springs otherwise than in such places and under such conditions and restrictions as may be approved or prescribed by the Secretary of State.

(3) The power to use, appropriate or dispose of materials referred to in this article does not extend to wreck (within the meaning of Part IX of the Merchant Shipping Act 1995)(10) found by A.B. Ports.

Limits of jurisdiction of Dock Master

10.  The limits within which the powers of the Dock Master in relation to the works may be exercised under and subject to the provisions of the 1847 Act, as incorporated with this Order, extend to a distance of 200 metres in every direction from the works.

Application of byelaws of A.B. Ports

11.—(1) The Hull Docks Byelaws 1927 and the Hull Docks Byelaws 1972 apply, subject to paragraph (2) below, in relation to the works as they applied in relation to the existing pier immediately before the coming into force of this Order, and nothing in this Order shall affect the right of A.B. Ports to enforce the byelaws or to amend or revoke them.

(2) In the Hull Docks Byelaws 1927 as applied by paragraph (1) above, references to “the prescribed limits” shall be construed as references to the limits within which the powers of the Dock Master may be exercised under article 10 of this Order.

(3) In this article “the Hull Docks Byelaws 1927” means the byelaws made by the London and North Eastern Railway Company on the 9th day of February 1927 and confirmed by the Minister of Transport on the 16th day of February 1927.

Works to be within City of Kingston upon Hull, etc.

12.  So much of the works as are beyond low water shall be deemed to be within—

(a) the City of Kingston upon Hull; and

(b) the petty sessional division of Kingston upon Hull.

Incorporation of works provisions

13.—(1) The following provisions of the under-mentioned Acts are incorporated with and form part of this Order—

• The Act of 1966—

• Section 21 (Tidal works not to be executed without approval of Board of Trade),

• Section 23 (Abatement of works abandoned or decayed),

• Section 26 (Lights on tidal works during construction);

• The Act of 1969—

• Section 17 (Provision against danger to navigation);

• The Act of 1971—

• Section 16 (Permanent lights on works);

• The Act of 1988—

• Section 11 (Crown rights),

and in those provisions as so incorporated—

(a) for references to the works authorised by those Acts there are substituted references to the works authorised by this Order; and

(b) for references to those Acts there are substituted references to this Order.

(2) For “one hundred pounds” in subsection (2) of each of the said sections 26, 17 and 16, as so incorporated, there is substituted “level 4 on the standard scale”.

(3) In proceedings for an offence under any of the said sections 26, 17 and 16, as so incorporated, it shall be a defence for A.B. Ports to prove that it took all reasonable precautions and exercised all due diligence to avoid the commission of the offence; provided that, if in any case that defence involves the allegation that the commission of the offence was due to the act or default of another person, A.B. Ports shall not, without leave of the court, be entitled to rely on that defence unless, not less than seven clear days before the hearing, it has served on the prosecutor a notice in writing giving such information identifying, or assisting in the identification of, that other person as was then in its possession.

Application of permitted development rights

14.  Schedule 1 to this Order shall have effect.

Repeal, etc., of obligations as to existing pier

15.—(1) For the purpose of constructing the works A.B. Ports may dismantle, remove, deal with and dispose of the existing pier; and any public rights over that pier are hereby extinguished.

(2) The following provisions of the 1907 Act are repealed—

(a) section 44 (Confirmation of agreement with Kingston upon Hull Corporation), insofar as that section relates to clauses 4, 6, 7 and 8 of the agreement set out in the Second Schedule to that Act; and

(b) in that agreement, the said clauses 4, 6, 7 and 8.

Signed by authority of the Secretary of State for Transport

Phil Carey

Head of the Ports Division,

Department for Transport

13th April 2006