2017 No. 558
Port Health Authorities, England

The Weymouth Port Health Authority Order 2017

Made
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 19841 and section 241 of the Local Government Act 19722.
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 19843 and has not received any notice of objection.

Citation, commencement, application and interpretation1.

(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.

The port health district2.

(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.

Annotations:
Commencement Information

I2Art. 2 in force at 31.3.2017, see art. 1(1)

The port health authority3.

(1)

The port health authority for the port health district constituted under article 2 is F3the Council.

F4(2)

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

F4(3)

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

Appointment of members to and meetings of the joint boardF54.

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

Retirement of membersF65.

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

Chair of the joint boardF76.

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

Jurisdiction7.

F8The Council as port health authority has jurisdiction over all waters and land within the port health district.

Application of provisions of Local Government Act 1972 to the joint boardF98.

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

F10Functions of the Port Health Authority9.

(1)

The functions, rights and liabilities of a local authority or a food authority under the enactments specified in Schedule 2 are assigned to F11the 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 F11the Council under paragraph (1), are to have effect as if—

(a)

any vessel lying within the jurisdiction of F11the 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 19527 apply by virtue of section 18 (countries to which Act applies) of that Act.

ExpensesF1210.

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

Accounts and auditF1311.

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

Revocation12.

The Weymouth Port Health Authority Order 198011 is revoked.
Annotations:
Commencement Information

I6Art. 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

F14SCHEDULE 1Provisions of the Local Government Act 1972 applied to the Port Health Authority

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

SCHEDULE 2Functions etc assigned to the Port Health Authority

Article 9

Annotations:
Commencement Information

I7Sch. 2 in force at 31.3.2017, see art. 1(1)

Public Health Act 193613

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 196114

Section 36

Power to require vacation of premises during fumigation

Section 73

Derelict petrol tanks

Slaughterhouses Act 197415

Part 1

Slaughterhouses and knackers’ yards

Control of Pollution Act 197416

Part 3

Noise

Part 5

Supplementary provisions (including powers of entry and inspection, obtaining information and default powers)

Local Government (Miscellaneous Provisions) Act 197617

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 198418
Section 45M and all functions conferred under the Health Protection (Part 2A Orders) Regulations 201019

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 198420

Section 76

Powers to deal with defective premises

Food Safety Act 199021

Section 6

Enforcement of Act

Part 2

Food safety

Part 3

Administration and enforcement

Environmental Protection Act 199022

Part 3

Statutory nuisance and clean air

Water Industry Act 199123

Part 3

Water supply

Clean Air Act 199324

Part 3

Air pollution

The Official Feed and Food Controls (England) Regulations 200925

Execution and enforcement of import controls Designation of competent authority

Health Protection (Local Authority Powers) Regulations 201026

Health protection powers

Animal By-Products (Enforcement) (England) Regulations 201327

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.