The Weymouth (The London 2012 Olympic and Paralympic Games) Harbour Revision Order 2011

This Order may be cited as the Weymouth (The London 2012 Olympic and Paralympic Games) Harbour Revision Order 2011 and shall come into force on 5th August 2011

This Order shall cease to have effect on the Olympic termination date.

In this Order —

• “the Act of 1887” means the Weymouth and Melcombe Regis Corporation Act 18876;

• “the Authority” means the Weymouth and Portland Borough Council;

• “the 1993 Order” means the Weymouth and Portland Harbour Revision Order 19937;

• “the Company” means Portland Harbour Authority Limited (which is registered in England and Wales with the number 3002686);

• “the Olympic commencement date” means 16^th July 2012;

• “the Olympic period” means the inclusive period from the Olympic commencement date to the Olympic termination date, during which the sailing and windsurfing events forming part of the London 2012 Olympic and Paralympic Games will be conducted in an area which will include the Weymouth outer harbour;

• “the Olympic termination date” means 9^th September 2012;

• “the proposed Portland Order” means an order to be made under section 14 of the Harbours Act 1964 that would have the effect of causing the Company to become the harbour authority for the Weymouth outer harbour and to have the duties, powers, rights, privileges and authorities in respect of it, during the Olympic period;

• “Weymouth harbour” means the harbour of Weymouth and Melcombe Regis, as defined by section 8 of the Act of 1887 and extended by the 1993 Order;

• “Weymouth outer harbour” means that part of Weymouth harbour that is to seaward of a line drawn by the outer piers or breakwaters referred to in section 8 of the Act of 1887 that are located in positions 50 degrees 36.59’N, 02 degrees 26.63’W and 50 degrees 36.58’N, 02 degrees 26.49’W respectively (based on WGS 84 datum) ; and

• “WGS 84” means World Geodetic System, revised in 1984 and further revised in 2004.

In the definition of “Weymouth outer harbour” in paragraph (1) all measurements shall be construed as if the words “or thereabouts” were inserted after each measurement.

Subject to article 4, on the Olympic commencement date, when under the proposed Portland Orderthe Company becomes the harbour authority for the Weymouth outer harbour, the Authority shall cease to be the harbour authority for the Weymouth outer harbour and to have any duties, powers, rights, privileges or authorities in respect of it.

On the Olympic termination date, when under the proposed Portland Orderthe Company ceases to be the harbour authority for the Weymouth outer harbour and to have any duties, powers, rights, privileges or authorities in respect of it, the Authority shall revert to being the harbour authority for the Weymouth outer harbour.

On the Olympic commencement date section 8 of the Act of 1887 and the Schedule to the 1993 Order shall be amended so as to exclude the Weymouth outer harbour from the limits of Weymouth harbour, but with the intention that all statutory provisions applicable to the Weymouth outer harbour immediately prior to the Olympic commencement date shall reapply to their full extent from the Olympic termination date, whereupon the limits of Weymouth harbour shall be defined without reference to this Order.

Nothing in this Order shall affect any proceedings or inquiries, whether commenced or continued before or after the Olympic commencement date, in respect of any situation, matter, thing, happening, act, refusal, neglect or failure occurring before that date so far as relating to the Weymouth outer harbour, or any part or parts of that area (whether or not relating also to any other area or areas within Weymouth harbour), including, but without prejudice to the generality of the foregoing, proceedings for an offence committed or penalty incurred, or for the recovery of expenses, rates, dues, fees or charges incurred, before that date, and any such proceedings or inquiries may be commenced, continued and concluded, and any decision, judgment or ruling thereon may be enforced, as if this Order had not come into force.

Any period of time current in relation to any proceedings or inquiries mentioned in paragraph (1) when this Order comes into force shall not be affected by its coming into force and may continue to run as if this Order had not come into force.

Nothing in this article shall prejudice the operation of sections 15 to 17 of the Interpretation Act 19788 (effect of repeals).