Statutory Instruments
HARBOURS, DOCKS, PIERS AND FERRIES
Made
12th May 1999
Coming into force
26th May 1999
Whereas the Port of London Authority have applied for a harbour revision order under section 14 of the Harbours Act 1964(1):
And whereas objections to the application made pursuant to paragraph 3(a) of Schedule 3 to that Act have been withdrawn(2):
And whereas the Secretary of State for the Environment, Transport and the Regions is satisfied as mentioned in subsection (2)(b) of the said section 14:
Now, therefore, the Secretary of State for the Environment, Transport and the Regions (being the appropriate Minister under subsection (7) of the said section 14(3)), in exercise of the powers conferred by that section and now vested in him(4) and of all other powers enabling him in that behalf, hereby makes the following Order:-“
1. This Order may be cited as the Port of London Authority Harbour Revision Order 1999 and shall come into force on 26th May 1999.
2. In this Order words and expressions defined in the 1968 Act have the same meaning as in that Act and-“
"the 1968 Act" means the Port of London Act 1968(5);
"the added limits" means the area described in paragraph (1) of article 3 (Extension of jurisdiction) of this Order;
"the port" means the area within the limits immediately before the coming into force of this Order;
"the signed plan" means the plan, prepared for the purpose of identification only, signed in triplicate by the Head of Ports Division in the Department of the Environment, Transport and the Regions, two copies of which have been deposited at that Department and one copy of which has been deposited at the offices of the Port Authority situated at Devon House, 58-“60 St. Katharine's Way, London E1 9LB.
3.-(1) The limits of the Port of London are hereby extended to include so much of the area within the seaward limit as is excluded from the port by virtue of paragraph 2(f) of Schedule 1 to the 1968 Act and section 2(2) of the Territorial Sea Act 1987(6), being the area outlined in blue on the signed plan.
(2) All enactments conferring rights, powers, privileges or immunities or imposing duties, obligations or liabilities upon the Port Authority or the harbourmaster in relation to the port and all byelaws, regulations and directions made by the Port Authority which immediately before the coming into force of this Order related to or had effect within the port shall relate to or have effect within the added limits.
(3) Paragraph 2(f) of Schedule 1 to the 1968 Act is hereby repealed.
4. Section 32 (Further exemption for estuary traffic) of the 1968 Act shall cease to have effect in so far as it prohibits charging river duties of tonnage on any vessel by reason only of its passing through the limits on a voyage between a place on the river Medway and any other place outside the limits.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Stephen Reeves
Head of Ports Division in the
Department of the Environment, Transport and the Regions
12th May 1999
(This note is not part of the Order)
The Order extends the limits of the Port of London to include an area which had previously been excluded from those limits because prior to 1987 it had been outside the territorial waters of the United Kingdom. It also allows the Port of London Authority to charge river duties of tonnage on shipping passing through the limits of the Port of London on a voyage between the river Medway and a place outside those limits.
1964 c. 40; section 14 was amended by the Transport Act 1981 (c. 56), section 18 and Schedule 6, paragraphs 2, 3, 4(1) and 14 and by the Transport and Works Act 1992 (c. 42), Schedule 3, paragraph 1.
Schedule 3 was amended by the Transport Act 1981, section 18 and Schedule 6, paragraphs 4(2) to (7) and 12 and by the Transport and Works Act 1992, Schedule 3 paragraph 10.
For the definition of "the Minister" (mentioned in section 14(17)) see section 57(1).
S.I. 1997/2971.