The Weymouth Port Health Authority Order 2017

Statutory Instruments

2017 No. 558

Port Health Authorities, England

The Weymouth Port Health Authority Order 2017

Made

30th March 2017

Coming into force in accordance with article 1(1)

The Secretary of State for Health makes the following Order in exercise of powers conferred by sections 2(3) and (4)(b), 3, 4(1) and 5(2) of the Public Health (Control of Disease) Act 1984(1) and section 241 of the Local Government Act 1972(2).

The Secretary of State for Health has given notice as required by sections 2(6) and 4(2) of the Public Health (Control of Disease) Act 1984(3) and has not received any notice of objection.

Citation, commencement, application and interpretation E+W

1.—(1) This Order may be cited as the Weymouth Port Health Authority Order 2017 and comes into force on the day after the day on which it is made.

(2) This Order applies to England.

(3) In this Order –

[F1 “the Council” means Dorset Council;]

“the Port of Weymouth” means the port of that name as appointed for the purposes of customs and excise under section 19(1) of the Customs and Excise Management Act 1979 (4) (appointments of ports etc.); and

F2 ...

(4) References in this Order to reference points are to be construed as references to National Grid reference points.

Textual Amendments

F1 Words in art. 1(3) substituted (1.4.2019) by The Local Government (Structural and Boundary Changes) (Supplementary Provision and Miscellaneous Amendments) Order 2019 (S.I. 2019/615), arts. 1, 8(2)(a)

F2 Words in art. 1(3) omitted (1.4.2019) by virtue of The Local Government (Structural and Boundary Changes) (Supplementary Provision and Miscellaneous Amendments) Order 2019 (S.I. 2019/615), arts. 1, 8(2)(b)

Commencement Information

I1 Art. 1 in force at 31.3.2017, see art. 1(1)

The port health district E+W

2.—(1) For the purposes of section 2 of the Public Health (Control of Disease) Act 1984 (port health districts and authorities), the area described in paragraph (2) is to constitute a port health district.

(2) The area described in this paragraph consists of the Port of Weymouth together with such land and water as is specified in sub-paragraphs (a) to (f)—

(a) on the landward side, the boundary is the mean high water line of the English Channel;

(b) on the eastern side, the boundary is a line extending due south from St Alban’s Head (OS reference point SY 96207519) to the seaward limit of the territorial waters;

(c) on the western side, the boundary is a line extending due south from the point at which the parish boundaries of Abbotsbury and Puncknowle meet the sea (OS reference point SY53988580) to the seaward limit of the territorial waters;

(d) on the seaward side, the boundary is the limit of the territorial waters;

(3) The area described in paragraph (2) includes—

(a) any wharf, dock, jetty or similar structure on the seaward side of the Port of Weymouth to the limit of the territorial waters; and

(b) any structures and buildings on areas within the gates of any wharf, dock, jetty or similar structure within the districts of the relevant riparian authorities.

Commencement Information

I2 Art. 2 in force at 31.3.2017, see art. 1(1)

The port health authority E+W

3.—(1) The port health authority for the port health district constituted under article 2 is [F3 the Council].

F4 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Words in art. 3(1) substituted (1.4.2019) by The Local Government (Structural and Boundary Changes) (Supplementary Provision and Miscellaneous Amendments) Order 2019 (S.I. 2019/615), arts. 1, 8(3)(a)

F4 Art. 3(2)(3) omitted (1.4.2019) by virtue of The Local Government (Structural and Boundary Changes) (Supplementary Provision and Miscellaneous Amendments) Order 2019 (S.I. 2019/615), arts. 1, 8(3)(b)

Commencement Information

I3 Art. 3 in force at 31.3.2017, see art. 1(1)

Appointment of members to and meetings of the joint board E+W

F5 4.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Art. 4 omitted (1.4.2019) by virtue of The Local Government (Structural and Boundary Changes) (Supplementary Provision and Miscellaneous Amendments) Order 2019 (S.I. 2019/615), arts. 1, 8(4)

Retirement of members E+W

F6 5.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Art. 5 omitted (1.4.2019) by virtue of The Local Government (Structural and Boundary Changes) (Supplementary Provision and Miscellaneous Amendments) Order 2019 (S.I. 2019/615), arts. 1, 8(4)

Chair of the joint board E+W

F7 6.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Art. 6 omitted (1.4.2019) by virtue of The Local Government (Structural and Boundary Changes) (Supplementary Provision and Miscellaneous Amendments) Order 2019 (S.I. 2019/615), arts. 1, 8(4)

Jurisdiction E+W

7.   [F8 The Council] as port health authority has jurisdiction over all waters and land within the port health district.

Textual Amendments

F8 Words in art. 7 substituted (1.4.2019) by The Local Government (Structural and Boundary Changes) (Supplementary Provision and Miscellaneous Amendments) Order 2019 (S.I. 2019/615), arts. 1, 8(5)

Commencement Information

I4 Art. 7 in force at 31.3.2017, see art. 1(1)

Application of provisions of Local Government Act 1972 to the joint board E+W

F9 8.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9 Art. 8 omitted (1.4.2019) by virtue of The Local Government (Structural and Boundary Changes) (Supplementary Provision and Miscellaneous Amendments) Order 2019 (S.I. 2019/615), arts. 1, 8(6)

[F10 Functions of the Port Health Authority] E+W

9.—(1) The functions, rights and liabilities of a local authority or a food authority under the enactments specified in Schedule 2 are assigned to [F11 the Council] as port health authority in so far as they are applicable to a port health authority and to any land, waters, premises, vessels or persons within its jurisdiction.

(2) Subject to paragraph (3), the enactments specified in Schedule 2 in respect of the functions, rights and liabilities that are assigned to [F11 the Council] under paragraph (1), are to have effect as if—

(a) any vessel lying within the jurisdiction of [F11 the Council] is a house, building or premises; and

(b) the master or other officer or person in charge of the vessel is the occupier.

(3) This article does not apply to—

(a) any vessel belonging to Her Majesty; or

(b) any vessel engaged in the service of Her Majesty, whether belonging to Her Majesty or not; or

(c) any vessel belonging to the armed forces of any country to which the provisions of the Visiting Forces Act 1952(5) apply by virtue of section 1(6) (countries to which Act applies) of that Act.

Textual Amendments

F10 Art. 9 heading substituted (1.4.2019) by The Local Government (Structural and Boundary Changes) (Supplementary Provision and Miscellaneous Amendments) Order 2019 (S.I. 2019/615), arts. 1, 8(7)

F11 Words in art. 9 substituted (1.4.2019) by The Local Government (Structural and Boundary Changes) (Supplementary Provision and Miscellaneous Amendments) Order 2019 (S.I. 2019/615), arts. 1, 8(8)

Commencement Information

I5 Art. 9 in force at 31.3.2017, see art. 1(1)

Expenses E+W

F12 10.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12 Art. 10 omitted (1.4.2019) by virtue of The Local Government (Structural and Boundary Changes) (Supplementary Provision and Miscellaneous Amendments) Order 2019 (S.I. 2019/615), arts. 1, 8(9)

Accounts and audit E+W

F13 11.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13 Art. 11 omitted (1.4.2019) by virtue of The Local Government (Structural and Boundary Changes) (Supplementary Provision and Miscellaneous Amendments) Order 2019 (S.I. 2019/615), arts. 1, 8(9)

Revocation E+W

12.  The Weymouth Port Health Authority Order 1980(7) is revoked.

Commencement Information

I6 Art. 12 in force at 31.3.2017, see art. 1(1)

Signed on behalf of the Secretary of State for Health.

Ailsa Wright

Member of the Senior Civil Service,

Department of Health

30th March 2017

Article 8

F14 SCHEDULE 1 E+W Provisions of the Local Government Act 1972 applied to the Port Health Authority

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14 Sch. 1 omitted (1.4.2019) by virtue of The Local Government (Structural and Boundary Changes) (Supplementary Provision and Miscellaneous Amendments) Order 2019 (S.I. 2019/615), arts. 1, 8(6)

Article 9

SCHEDULE 2 E+W Functions etc assigned to the Port Health Authority

Commencement Information

I7 Sch. 2 in force at 31.3.2017, see art. 1(1)

Public Health Act 1936(8)
Section 1(1) (insofar as it relates to sections 45, 49-52, 83, 262 and 264)	Duty to enforce the Act
Section 45	Buildings with defective closets capable of repair
Section 48	Power to examine and test drains etc
Section 49	Rooms over closets of certain types etc
Section 50	Overflowing and leaking cesspools
Section 81	Byelaws for the prevention of certain nuisances
Section 82	Byelaws as to the removal through streets of offensive matter or liquid
Sections 83-86	Filthy or verminous premises or articles, verminous persons, and provision of cleansing stations
Section 140	Power to close, or restrict use of water from, polluted water supply
Section 141	Power to deal with insanitary cisterns, &c.
Part 12	Miscellaneous provisions (including powers of entry)
Public Health Act 1961(9)
Section 36	Power to require vacation of premises during fumigation
Section 73	Derelict petrol tanks
Slaughterhouses Act 1974(10)
Part 1	Slaughterhouses and knackers’ yards
Control of Pollution Act 1974(11)
Part 3	Noise
Part 5	Supplementary provisions (including powers of entry and inspection, obtaining information and default powers)
Local Government (Miscellaneous Provisions) Act 1976(12)
Section 16	Power of local authorities to obtain particulars of persons interested in land
Section 32	Power of local authorities to execute works outside their area
Section 41	Evidence of resolutions and minutes of proceedings, etc
Public Health (Control of Disease) Act 1984(13)
Section 45M and all functions conferred under the Health Protection (Part 2A Orders) Regulations 2010(14)	Local authority power to apply to a justice of the peace for an order to protect human health from risk of infection or contamination
Section 46	Duty to arrange for a body to be buried or cremated
Section 48	Removal of body to mortuary or for immediate burial
Building Act 1984(15)
Section 76	Powers to deal with defective premises
Food Safety Act 1990(16)
Section 6	Enforcement of Act
Part 2	Food safety
Part 3	Administration and enforcement
Environmental Protection Act 1990(17)
Part 3	Statutory nuisance and clean air
Water Industry Act 1991(18)
Part 3	Water supply
Clean Air Act 1993(19)
Part 3	Air pollution
The Official Feed and Food Controls (England) Regulations 2009(20)	Execution and enforcement of import controls Designation of competent authority
Health Protection (Local Authority Powers) Regulations 2010(21)	Health protection powers
Animal By-Products (Enforcement) (England) Regulations 2013(22)	Enforcement

EXPLANATORY NOTE

(This note is not part of the Order)

This Order constitutes the Weymouth port health district. It constitutes a joint board, consisting of representatives from Weymouth and Portland Borough Council, Purbeck District Council and West Dorset District Council to be the port health authority for that district. Provision is also made for those authorities to contribute to the expenses of the joint board.

Articles 7 to 9 and the Schedules relate to the jurisdiction and functions of the joint board as port health authority.

Article 12 revokes the Weymouth Port Health Authority Order 1980.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sector is foreseen.

(1)

1984 c.22; section 3 of the Public Health (Control of Disease) Act 1984 (“the Act”) was amended by the Food Safety Act 1990 (c.16), Schedule 3, paragraph 26. In addition, section 5(2) was amended by the Health and Social Care Act 2008 (c.14), Schedule 11, paragraph 4.

(2)

1972 c.70; section 241 has been extended by section 3(3) of the Act.

(3)

Where the Secretary of State proposes to make an order under section 2 of the Act, the Secretary of State is required, under section 2(6), to give notice of the proposal to every riparian authority who will under the order be liable to contribute to the expenses of the port health authority. In addition, if a port health authority order is to be revoked, under section 4(2), the Secretary of State must also give notice to the port health authority concerned and every authority which is, or under the proposed order will be, a constituent authority.

(4)

1979 c.2; the Port of Weymouth was appointed for these purposes under section 19(1) by S.I.1980/1369.

(5)

1952 c. 67.

(6)

Section 1 was amended by the Zanzibar Act 1963 (c.55), Schedule 1, paragraph 7; the Zambia Independence Act 1964 (c.65), Schedule 1, paragraph 7; the Botswana Independence Act 1966 (c.23), Schedule 1, paragraph 7; the Lesotho Independence Act 1966 (c.24), Schedule 1, paragraph 7; the Singapore Act 1966 (c.29), Schedule 1, paragraph 4; the Swaziland Independence Act 1968 (c.56), Schedule 1, paragraph 7; the Tonga Act 1970 (c.22), Schedule 1, paragraph 6; the Papua New Guinea, Western Samoa and Nauru (Miscellaneous Provisions) Act 1980 (c.2), Schedule, paragraph 9; the New Hebrides Act 1980 (c.16), Schedule 1, paragraph 4; the Bangladesh Act 1973 (c.49), Schedule 1, paragraph 2; the Brunei and Maldives Act 1985 (c.3), Schedule, paragraph 6; the Pakistan Act 1990 (c.14), Schedule, paragraph 5; the Namibia Act 1991 (c.4), Schedule, paragraph 4; the South Africa Act 1995 (c.3), Schedule 1, paragraph 5(1); the Commonwealth Act 2002 (c.39), Schedule 2, paragraph 3(1); S.I. 1978/1030, 1978/1899, 1979/917, 1980/701, 1981/1105 and 1983/882. There are other amending enactments but none is relevant.

(7)

S.I. 1980/1320

(8)

1936 c.49

(9)

1961 c.64

(10)

1974 c.3

(11)

1974 c.40

(12)

1976 c.57

(13)

1984 c.22

(14)

S.I. 2010/658

(15)

1984 c.55

(16)

1990 c.16

(17)

1990 c.43

(18)

1991 c.56

(19)

1993 c.11

(20)

S.I. 2009/3255

(21)

S.I.2010/657

(22)

S.I.2013/2952