The Weymouth Port Health Authority Order 2017

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 (1) (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(2) apply by virtue of section 1(3) (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(4) 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