text:
PART I
PRELIMINARY
Citation and commencement
1
This Order may be cited as the Watchet Harbour Revision Order 2000, and shall come into force on 18th July 2000.
Interpretation
2
1
In this Order: —
“the Act of 1847 ” means the Harbours, Docks and Piers Clauses Act 1847 ;
“authorised works” means the works authorised by this Order, or any part of such works;
“ the Council ” means the West Somerset District Council;
“the deposited plans” and “the deposited sections” mean respectively the plans and sections (numbered Sheets 1 to 7) prepared in duplicate, signed by the Head of Ports Division of the Department of the Environment, Transport and the Regions and marked “Plans and sections Watchet Harbour Revision Order 2000” one copy of which is deposited at the offices of the Department of the Environment, Transport and the Regions and the other at the principal office of the Council at Council Offices, Williton, Taunton, Somerset, TA4 4QA;
“the Environmental Statement ” means the document entitled “West Somerset District Council: Watchet Harbour Revision Order Environmental Statement ” dated April 1999 which was supplied to the Secretary of State in pursuance of paragraph A2 of Schedule 3 to the Harbours Act 1964 and made available for inspection in accordance with paragraph 3 of that Schedule;
“the existing enactments ” means the Watchet Harbour Act 1860 (as applied to the Council by the Watchet Harbour Order 1902 ), the said Order of 1902, the Watchet Urban District Council Act 1934 and the Watchet Harbour Revision Order 1970 ;
“the harbour” means the harbour of Watchet in the county of Somerset and all places within the harbour limits laid down in the Watchet Harbour Act 1860;
“the harbour master” means the harbour master of the Council and includes his authorised deputies and assistants and any person authorised by the Council to act in that capacity;
“the harbour undertaking” means the harbour undertaking transferred to the Council by the Watchet Harbour Order 1902 as extended by that Order, the Watchet Urban District Council Act 1934 and the Watchet Harbour Revision Order 1970;
“the level of high water” means the level of mean high-water springs;
“the limits of deviation” means the limits of deviation shown on the deposited plan;
“marina” means a facility for yachts and other vessels used wholly or mainly for recreational purposes;
“the marina basin” means the area bounded by works Nos. 1A, 1B and 2, the East Quay, the Eastern Pier and the Esplanade to be used as a marina;
“statutory undertaker” means —
any person who is a statutory undertaker for any of the purposes of the Town and Country Planning Act 1990 ;
any other person who has a duty or power under the Land Drainage Act 1991 ;
a coast protection authority within the meaning of section 1 of the Coast Protection Act 1949 ; and
any operator of a telecommunications code system.
“tidal work” means so much of any work authorised by this Order as is on, under or over tidal waters;
“ Trinity House ” means the Corporation of Trinity House of Deptford Strond;
“vessel” means every description of vessel, however propelled or moved, and includes hovercraft, any floating manufactured article, and anything constructed or used to carry persons or goods by water.
2
This Order is to be read as if the words “or thereabouts” were inserted after each measurement mentioned in article 3 (Power to construct, etc. , works) of this Order.
3
In this Order —
a
any reference to a work identified by the number of such work shall be construed as a reference to the work of that number authorised by this Order; and
b
map reference points specified in this Order are Ordnance Survey National Grid reference points.
PART II
WORKS
Power to construct, etc., works
3
1
Subject to the provisions of this Order, the Council may (within the lines and situations shown on the deposited plans and within the limits of deviation and according to the levels shown on the deposited sections) construct and maintain in the harbour the whole or part of the following works: —
Work No. 1A
Reconstruction, repair and resurfacing of the existing slipway which gives access to the harbour and of the adjacent area forming a boat and trailer park commencing at point 307174 E 143423 N and terminating at point 307124 E 143445 N.
Work No. 1B
An impounding wall of solid construction commencing at point 307124 E 143445 N extending in a north-easterly direction until connecting with the Eastern Pier and terminating at point 307288 E 143514 N and having an overall length of 201 metres and an overall width of 5 metres and including a cill commencing at point 307250 E 143518 N and terminating at point 307254 E 143508 N incorporating a tidal gate structure.
Work No. 2
Concrete encasement of the south-western face of the existing sheet pile wall on the Eastern Pier commencing at point 307289 E 143512 N and terminating at point 307340 E 143463 N and having an overall length of 64 metres and of the north-western face of the East Wharf commencing at that point and terminating at point 307252 E 143362 N and having an overall length of 154 metres, together with remedial works to the surface of the East Wharf.
Work No. 3
Construction of a rock armour breakwater in the harbour from west to east between the south-eastern face of the Western Pier at point 307056 E 143500 N and the north-western face of the impounding wall (Work No. 1B) at point 307131 E 143453 N and north of the houses which front onto Market Street.
Work No. 4
Excavation of a trench and construction of a sediment disposal pipe 115 metres in length to be laid in the trench beneath the harbour bed running due north from its junction with Work No. 1B immediately south of the western limit of the Eastern Pier at point 307235 E 143501 N and terminating to the north and east of the eastern limit of the Western Pier at point 307240 E 143615 N.
Work No. 5
Construction of a concrete slipway 80 metres in length running along and abutting the south-eastern side of the Western Pier commencing at point 307041 E 143492 N and terminating at point 307101 E 143545 N with a gradient of 1:12.
Work No. 6
Deepening by way of dredging or excavation of the bed of the harbour where it forms the marina basin and at the entrance to the harbour formed by Western Pier and the Eastern Pier as shown by cross-hatching on the deposited plan.
2
The Council may, within the limits of deviation, from time to time alter, enlarge, replace, relay, extend or reconstruct temporarily or permanently the authorised works.
3
During construction of the works Council shall implement the mitigation measures set out in Section 4 (Impact Assessment and Mitigation Measures) of the Environmental Statement.
Power to make subsidiary works
4
Subject to the provisions of this Order, the Council may from time to time within the limits of deviation erect, construct, lay down, place, remove, replace, work or use and maintain whether temporarily or permanently all such works, conveniences, appliances and apparatus and take such measures as they from time to time think fit for the purposes of, or in connection with or incidental to, the construction, maintenance and use of the authorised works or the accommodation or convenience of vessels thereat, including, without prejudice to the generality of the foregoing, pontoons, stagings, quays, jetties, piers, waterways, bridges, approaches, slipways, landing places, berthing heads, boat lifts, mooring posts, buoys, bollards, navigation marks and lights.
Power to deviate
5
In constructing the authorised works the Council may deviate laterally from the lines or situations thereof shown on the deposited plans to the extent of the limits of deviation and may deviate vertically from the levels shown on the deposited sections to any extent not exceeding three metres upwards and to such extent downwards as may be found necessary or convenient.
Power to dredge
6
1
Subject to the provisions of this Order the Council may, for the purposes of constructing and maintaining the authorised works, from time to time deepen, dredge, scour, cleanse and improve the bed of the sea and foreshore of the harbour as adjoin or are near to the works.
2
The Council may use, appropriate or dispose of any material (other than wreck within the meaning of Part IX of the Merchant Shipping Act 1995 ) from time to time dredged by them from the harbour.
3
No material so dredged shall be deposited below the level of high water except in such places and in accordance with such conditions and restrictions as may be approved or prescribed by the Secretary of State.
Fine for obstructing works
7
Any person who intentionally obstructs any person acting under the authority of the Council in setting out the lines of the authorised works, or who interferes with, moves or removes any pole, stake, station point or bench mark established for the purpose of such setting out, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale, and shall in addition be liable to repay to the Council as a debt any expenses incurred by them in making good such damage.
Licensing of works
8
1
The Council may upon such terms and conditions as they think fit grant to any person a licence (a “works licence”) to construct, alter, renew or extend any works in the harbour on, under or over tidal waters or tidal land below the level of high water, notwithstanding any interference with the public right of navigation or any other public right by such works as constructed, altered, renewed, or extended.
2
Application for a works licence shall be made in writing to the Council and shall —
a
be accompanied by plans, sections and particulars of the works to which the application relates;
b
specify whether the applicant holds such rights in, under or over land as are necessary to enable him to enjoy the benefits of the licence and, if not, the action taken to enable him to obtain such rights if the licence is granted;
and, in granting a works licence, the Council may require modifications in the plans, sections and particulars so submitted.
3
The Council may require an applicant for a works licence, on making his application, to pay a reasonable fee in respect of the administrative expenses of dealing with the application.
4
The Council may require a licensee, being an applicant to whom a licence has been granted or his successor, where works are constructed pursuant to the licence and as a condition of the grant of the licence to pay such reasonable fees in respect of the Council’s administrative expenses and overheads in supervising or inspecting where necessary the construction or maintenance of the works.
5
a
On receipt of an application for a works licence the Council shall serve on the Environment Agency a copy of the application and all plans, sections and particulars incidental thereto.
b
The Council shall consider such observations as the Environment Agency may submit to the Council within six weeks after service on the Environment Agency of the application and particulars in accordance with paragraph (a) above, and the Council shall not grant a works licence before the expiry of that period.
c
In granting a works licence the Council shall impose on the applicant such terms and conditions as give effect to such reasonable requirements as the Environment Agency may, within the said period, make in any observations to the Council to prevent pollution of any watercourse, to safeguard it against damage or to secure that its efficiency for land drainage purposes is not impaired.
d
The provisions of sub-paragraph (c) are subject to the Council’s duty under article 10(5) of this Order to give effect to any direction given by the Secretary of State under that paragraph.
6
Where the Council refuse to grant a works licence which has been applied for, they shall give reasons in writing for their refusal.
7
Where the Council grant a works licence upon terms or conditions or require any modification in the plans and particulars, they shall give reasons in writing for the terms and conditions imposed or the modifications required.
8
If within three months from the receipt of the application under paragraph (2) the Council do not grant a works licence they shall be deemed to have refused the application.
9
Articles 11 to 16 of this Order shall apply in relation to the holder of a works licence as respects the works which are authorised by the licence as they do in relation to the Council as respects works belonging to the Council.
10
In the carrying out of operations in pursuance of a works licence, the holder of the licence shall not —
a
interfere with, damage or otherwise injuriously affect any apparatus belonging to or maintained by any statutory undertaker; or
b
do anything which will obstruct or impede any work relating to the inspection or repair of any such apparatus;
without the consent of the statutory undertaker concerned.
11
Nothing in this article affects the application in relation to any works of section 109 of the Water Resources Act 1991 (obstruction of a main river).
Licence to dredge
9
1
The Council may upon such terms and conditions as they think fit grant to any person a licence to dredge in any part of the harbour.
2
Application for a dredging licence shall be made in writing to the Council and shall be accompanied by plans, sections and particulars defining the nature, extent and manner of the operations to be carried out in the exercise of the powers granted by the licence and, in granting any such licence, the Council may require modifications in the plans, sections and particulars so submitted.
3
Article 8(3) to (8), (10) and (11) of this Order shall apply in relation to a dredging licence as it applies in relation to a works licence.
Appeals in respect of works or dredging licence
10
1
An applicant for a works licence or a dredging licence who is aggrieved by —
a
a refusal of the Council to grant a licence; or
b
any terms or conditions subject to which the licence is granted; or
c
any modifications required by the Council in the plans, sections and particulars submitted by the applicant;
may, within 28 days from the date on which the Council notify the applicant of their decision or the date on which the Council are, under article 8(8) of this Order, deemed to have refused the application, appeal to the Secretary of State.
2
An appeal under paragraph (1) shall be made by notice in writing stating the grounds of the appeal.
3
The appellant shall send to the Council a copy of the notice of his appeal; and the Council may, within 28 days of the receipt, furnish the Secretary of State with their observations on the appeal.
4
The Secretary of State may confirm, vary or revoke the decision appealed against and may make such consequential amendment as he may specify.
5
The Secretary of State may direct the Council to give effect to his decision, and the Council shall forthwith comply with any direction given.
Tidal works not to be executed without approval of Secretary of State
11
1
A tidal work shall not be constructed, altered, enlarged, replaced, relaid, extended or reconstructed except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by the Secretary of State before the work is begun.
2
If a tidal work is constructed, altered, enlarged, replaced, relaid, extended or reconstructed in contravention of this article or of any condition or restriction imposed under this article —
a
the Secretary of State may by notice in writing require the Council at their own expense to remove the tidal work or any part thereof and restore the site thereof to its former condition; and if on the expiration of 30 days from the date when the notice is served upon the Council they have failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice; or
b
if it appears to the Secretary of State urgently necessary so to do, he may remove the tidal work or part of it and restore the site to its former condition;
and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the council.
Provision against danger to navigation
12
1
In case of injury to, or destruction or decay of, a tidal work or any part thereof, the Council shall forthwith notify Trinity House and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as Trinity House shall from time to time direct.
2
If, without reasonable excuse, the Council fail to notify Trinity House as required by this article or to comply in any respect with a direction given under this article they shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Abatement of works abandoned or decayed
13
1
Where a tidal work is abandoned, or suffered to fall into decay, the Secretary of State may by notice in writing require the Council at their own expense either to repair and restore the work or any part thereof, or to remove the work and restore the site thereof to its former condition, to such an extent and within such limits as the Secretary of State thinks proper.
2
Where a work consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or suffered to fall into decay and that part of the work on or over land above the level of high water is in such condition as to interfere or to cause reasonable apprehension that it may interfere with the right of navigation or other public rights over the foreshore, the Secretary of State may include that part of the work, or any portion thereof, in any notice under this article.
3
If, on the expiration of 30 days from the date when a notice under this article is served upon the Council they have failed to comply with the requirements of the notice the Secretary of State may execute the works specified in the notice and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Council.
Survey of tidal works
14
The Secretary of State may at any time, if he deems it expedient, order a survey and examination of a tidal work or of the site upon which it is proposed to construct the work and any expenditure incurred by the Secretary of State in any such survey and examination shall be recoverable from the Council.
Permanent lights on tidal work
15
1
After the completion of a tidal work the Council shall at the outer extremity thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as Trinity House shall from time to time direct.
2
Subject to paragraph (3), if the Council fail to comply in any respect with a direction given under this article they shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
3
If shall be a defence for the Council to prove that all due diligence was used to secure compliance with any such direction.
Lights on tidal works during construction
16
1
The Council shall at or near a tidal work during the whole time of the construction, alteration, enlargement, replacement, relaying or extension thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as the Secretary of State shall from time to time direct.
2
Subject to paragraph (3), if the Council fail to comply in any respect with a direction given under this article they shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
3
It shall be a defence for the Council to prove that all due diligence was used to secure compliance with any such direction.
PART III
GENERAL POWERS
General powers of Council in respect of harbour
17
1
The Council may, subject to the provisions of this Order, take such steps from time to time as they may consider necessary for the improvement, maintenance and management of the harbour undertaking and the facilities, including recreation facilities, afforded therein or in connection therewith.
2
For those purposes, and without prejudice to the generality of the foregoing, the Council may —
a
improve, maintain, regulate, manage, mark and light the harbour;
b
alter, demolish and reconstruct structures and works in the harbour;
c
construct, lay down, maintain and operate in the harbour such works for the provision of boating or marina facilities as they may consider requisite; and
d
do all other things which in their opinion are expedient to facilitate the proper carrying on or development of the harbour undertaking.
Powers as to moorings, etc.
18
1
The Council may provide, place, lay down, maintain, use and have moorings for vessels on land owned or leased by the Council or in which they hold an appropriate interest or on any other land in the harbour with the consent in writing of the owner and lessee thereof.
2
The Council may demand, receive and recover in respect of any vessel using any of the moorings provided under this article or moored to land owned or leased by the Council such reasonable charges as the Council may from time to time prescribe.
3
The Council may compound with any person with respect to the payment of the charge prescribed under paragraph (2) above.
4
Subject to paragraph (5), the Council may give notice in writing to the person having the control of any vessel using any mooring in the harbour at the date this Order comes into force requiring him within 28 days to remove the mooring so as to enable the Council to provide, place or lay down moorings in accordance with paragraph (1);
5
The Council shall offer to make available to the person having the control of the vessel referred to in the notice a mooring provided by them under paragraph (1) as soon as such mooring has been laid down.
6
If any person fails to comply with a notice given by the Council under paragraph (4) the Council may at any time after the expiration of 28 days from the date of the giving of the notice remove the mooring referred to in that notice.
7
Subject to paragraphs (8) and (9) the Council may from time to time grant licences to any person to place, lay down, maintain, use and have existing and future moorings, for vessels in the harbour;
8
Nothing in any licence granted under paragraph (7) shall entitle a person to place, lay down, maintain, use and have any mooring on land not owned or leased by him or by the Council or in which he has no appropriate interest;
9
Any licence granted under paragraph (7) above shall be valid only for a period of one year commencing with its date;
10
The Council may charge for a licence granted under paragraph (7) above such reasonable fee as the Council may from time to time prescribe.
11
Any person who —
a
intentionally obstructs any person acting under the authority of the Council in setting out moorings; or
b
intentionally and without lawful authority pulls up or removes any mooring or any part thereof; or
c
without reasonable excuse causes or permits a vessel to be moored in the harbour except at a mooring provided or licensed by the Council under this article or at a quay, jetty, slipway or other work or to land owned or leased by the Council; or
d
places, lays down or maintains in the harbour any mooring not provided or licensed by the Council under this article;
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
12
If any person contravenes paragraph (11)(d) above the Council may remove the mooring in question and recover from that person the expenses incurred in doing so.
13
In this article “mooring” includes any pontoon, buoy, pile, post, chain, pillar or like apparatus or convenience used for the mooring of vessels and “vessel” shall not include houseboat.
Power to remove goods
19
1
If any goods are left in any part of the harbour the Council may require the owner of the goods to remove them, and if the goods are not so removed within six hours after such requirement or, in any case where it is not reasonably practicable to contact the owner of the goods, within six hours after leaving a notice on the goods requiring their removal the Council may cause them to be removed to their own or any other public warehouse or store and such removal shall be carried out at the expense and risk of the owner.
2
In this article “goods” does not include fish or fishing tackle.
Removal of vehicles, etc.
20
1
If a vehicle or boat is left without the permission of the Council —
a
in any place where it is likely to obstruct or interfere with the use of the harbour; or
b
in any part of the harbour where the parking of vehicles or boats is prohibited by notice erected by the Council,
the Council may, at the risk of the owner, remove the vehicle or boat or cause it to be removed.
2
In exercising its powers under paragraph (1) the Council shall be under a duty to act reasonably and to take reasonable care in removing the vehicle or boat concerned.
3
Any notice erected under paragraph (1)(b) shall be conspicuously posted in or close to the place to which it relates.
4
Where the Council in exercise of the powers of this article remove a vehicle or boat or cause it to be removed they shall as soon as practicable inform the police.
5
The expense of and incidental to the removal of a vehicle or boat under this article shall be recoverable from any person responsible.
6
For the purposes of paragraph (5) “person responsible” means —
a
the owner of a vehicle or boat at the time when it was removed under paragraph (1), unless he shows that he was not concerned in, and did not know of its being put there; or
b
any person by whom the vehicle or boat was put in that place.
7
If the Council in exercise of the powers of this article remove a vehicle to a place not readily visible from the place from which it is so removed they shall, if and as soon as it is reasonably practicable to do so, send to the person for the time being registered as the owner of the vehicle for the purposes of Regulations made under section 105 of the Road Traffic Act 1988 or any other regulations having the like effect for the time being in force, at his last known address, his registered address or the address where the vehicle is ordinarily kept, notice that they have exercised the powers of this article and of the place to which the vehicle has been removed.
8
A notice stating the general effect of paragraph (1) shall be displayed in a prominent position at each place where a road accessible to vehicles enters any part of the harbour.
General directions to vessels
21
1
The Council may, after consultation with the Royal Yachting Association except in cases of emergency, give directions for the purpose of promoting or securing conditions conducive to the ease, convenience or safety of navigation in the harbour and the approaches thereto and, without prejudice to the generality of the foregoing, for any of the following purposes: —
a
for designating areas, routes or channels in the harbour and the approaches thereto which vessels are to use, or refrain from using, for movement or mooring;
b
for securing that vessels move only at certain times or during certain periods;
c
for requiring the master of a vessel to give to the harbour master information relating to the vessel reasonably required by the harbour master for the purposes of this paragraph.
2
Directions given under paragraph (1) may apply —
a
to all vessels or to a class of vessels designated, or the designation of which is provided for, in the direction; and
b
to the whole of the harbour and the approaches thereto, or to a part designated, or the designation of which is provided for, in the direction; and
c
at all times or at times designated, or the designation of which is provided for, in the direction;
and every direction given under this article shall specify the extent of this application in relation to the matters referred to in sub-paragraphs (a), (b) and (c).
3
The Council may revoke or amend directions given under this article.
Publication of general directions
22
1
Notice of the giving of a general direction and of any amendment or revocation of a general direction shall, except in case of emergency, be published by the Council as soon as practicable once in Lloyd’s List or some other newspaper specialising in shipping news; and, if the notice relates to the giving or amendment of a direction, the notice shall state a place at which copies thereof may be inspected and bought, and the price thereof.
2
In an emergency, notice of the giving of a general direction or of any amendment or revocation of a general direction may be given in any manner the Council consider appropriate.
Special directions to vessels
23
1
In addition to the directions which he may give under section 52 of the Act of 1847 the harbour master may give a direction under this article requiring any vessel anywhere within the harbour or the approaches thereto to comply with a requirement made in or under a general direction.
2
A special direction may be given in any manner considered by the harbour master to be appropriate.
3
The harbour master may revoke or amend a special direction.
Master’s responsibility to be unaffected
24
The giving of a general direction or a special direction shall not diminish or in any other way affect the responsibility of the master of the vessel to which the direction is given in relation to his vessel, persons on board, its cargo or any other person or property.
Failure to comply with directions
25
The master of a vessel who fails without reasonable excuse to comply with a general direction or a special direction shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Enforcement of directions
26
1
Without prejudice to any other remedy available to the Council, if a special direction is not complied with within a reasonable time the harbour master may, where practicable, put persons on board the vessel to carry out the direction or may otherwise cause the vessel to be handled in accordance with the direction.
2
If there is no one on board a vessel to comply with a special direction, the harbour master may proceed as if the direction had been given and not complied with; but he shall not do so unless, after reasonable inquiry has been made, the master cannot be found.
3
Expenses incurred in the exercise of the powers conferred by this article shall be recoverable by the Council from the owner of the vessel.
PART IV
BYELAWS
Byelaws as to harbour
27
1
In addition to the byelaws which may be made by the Council under the existing enactments and subject to the provisions of this Order the Council may make, in relation to the harbour, byelaws for all or any of the following purposes: —
a
for regulating the use of any works and facilities provided by the Council;
b
for preventing damage or injury to any vessel, goods, vehicle, plant, machinery, property or persons within the harbour;
c
for regulating the conduct of all persons in the harbour, not being members of a police force or officers or servants of the Crown whilst in the exercise of their duties;
d
for regulating the placing and maintenance of moorings;
e
for preventing and removing obstructions or impediments within the harbour;
f
for regulating the launching of vessels within the harbour;
g
for regulating the berthing, mooring, anchoring, careening and beaching of vessels in any part of the harbour or harbour premises;
h
for regulating or preventing the use in the harbour or on board any vessel therein of fires, lights or any other equipment, tools or appliances which the Council consider involves a risk of fire;
i
for prohibiting the use of or regulating the use, movement, speed and parking of vehicles within the harbour;
j
for requiring the use of effectual silencers and the control of noise generally on vessels in the harbour;
k
for regulating vessels in the harbour and their entry into and departure from the harbour and, without prejudice to the generality of the foregoing, to prescribe rules for regulating the speed and manner of navigation and the lights and signals to be exhibited or made by, or for the benefit of, vessels using, navigating or mooring within the harbour;
l
for prescribing the lights and signals to be exhibited or made —
i
by vessels aground within the harbour;
ii
by devices used for marking obstructions within the harbour;
iii
at the entrance to any pier or other work for assisting the navigation or mooring within the harbour;
m
for regulating or prohibiting fishing for marine creatures of any type and by whatever means from any pier, jetty, wharf, breakwater or other installation or structure of any kind within the harbour or from any vessels within the harbour;
n
for regulating or prohibiting bathing, and for securing the protection of bathers, within the harbour;
o
for regulating or prohibiting the use by vehicles of the foreshore; and
p
for regulating or prohibiting the disposal of any waste matter except at places or in a manner prescribed by the Council.
2
In this article “signals” include sound signals and different byelaws may be made under this article in relation to different classes of vessels and vehicles.
3
Byelaws made under this article may provide for the imposition on any person offending against any byelaws of a fine on summary conviction not exceeding level 4 on the standard scale and in the case of a continuing offence a fine not exceeding one-tenth of that level for each day on which the offence is continued after conviction for it.
Confirmation of byelaws
28
1
The provisions contained in subsections (3) to (8) and (11) of section 236 and section 238 of the Local Government Act 1972 (which relate to the procedure for making, and evidence of, byelaws) shall apply to all byelaws made after the coming into force of this Order by the Council under the existing enactments or this Order.
2
In its application to byelaws made under the existing enactments or this Order subsection (7) of the said section 236 shall have effect, subject to paragraph (3) below, as if after the word “confirm” in the second place where that word occurs there were inserted the words “with or without modification”.
3
Where the confirming authority proposes to make a modification which appears to him to be substantial, then —
a
he shall inform the Council and require them to take any steps he thinks necessary for informing persons likely to be concerned with that modification; and
b
he shall not confirm the byelaws until there has elapsed such period as he thinks reasonable for the Council and other persons who have been informed of the proposed modification to consider and comment on it.
4
The confirming authority for the purposes of this article and of the said section 236 in its application to byelaws made under the existing enactments or this Order shall be the Secretary of State.
PART V
CHARGES
Charges for services or facilities
29
In addition to their power to demand ship, passenger and goods dues under section 26 of the Harbours Act 1964, the Council may demand, take and recover such reasonable charges for services and facilities provided by them at the harbour as they may from time to time determine.
Payment of charges
30
1
The charges which the Council are for the time being authorised to demand, take and recover in respect of vessels and goods or otherwise under any enactment shall be payable before the removal from the harbour of any vessel or goods in respect of which they are payable, and may be demanded, taken and recovered by such persons, at such places, at such times and under such conditions as the Council may from time to time specify in their published list of charges.
2
Charges payable to the Council shall be payable by the owner of any vessel or goods in relation to which the charges are payable.
3
Where charges payable to the Council may be recovered by them from more than one person, the persons from whom they may be recovered shall be jointly and severally liable.
Recovery of charges
31
In addition to any other remedy given by this Order and by the existing enactments (and, in a case where the master of a vessel in respect of which a charge is payable to the Council refuses or neglects to pay the same or any part thereof, whether or not the Council’s collector has gone on board the vessel and demanded the charge pursuant to section 44 of the Act of 1847), the Council may recover any charges payable to them as a debt in any court of competent jurisdiction.
Harbour master may prevent sailing of vessels
32
The harbour master may prevent the removal or sailing from the harbour of any vessel until evidence has been produced to him of the payment of any charges payable in respect of the vessel or of passengers thereon or of the goods imported or exported therein.
Exemptions, rebates, etc., in respect of charges
33
1
The Council may confer total or partial exemptions from, allow rebates to or make compositions with any person with respect to charges, and may vary or extinguish any such exemption or composition.
2
Nothing in section 30 of the Harbours Act 1964 shall require the Council to include in the list of ship, passenger and goods dues kept at the harbour office, as required by subsection (1) of that section, charges reduced by a rebate allowed on, or subject to a compounding arrangement in respect of, a due included in the said list.
Refusal to pay charges for landing place
34
An officer of the Council may prevent a vessel from using a landing place provided by the Council, if the master of the vessel refuses to pay the charges for such use.
Deposit for charges
35
The Council may, if they think fit, require any person who is liable, or may become liable, to pay charges to the Council to deposit with their collector, or to guarantee, such sum as in the opinion of the Council is reasonable having regard to the probable amount of the charges.
PART VI
MISCELLANEOUS AND GENERAL
Advisory Committee
36
1
The Council shall establish a committee to be known as the Watchet Harbour Advisory Committee, which they shall consult (except in a case of special urgency) on all matters substantially affecting the conservation, protection, regulation, management, maintenance and improvement of the harbour and its navigation.
2
Subject to the provisions of this article, the Advisory Committee shall consist of not less than seven members appointed by the Council, of whom —
a
one shall be appointed on the nomination of the Council;
b
one shall be appointed on the nomination of the Watchet Town Council;
c
one shall be appointed on the nomination of the operator for the time being of the marina;
d
one shall be appointed on the nomination of the Royal Yachting Association;
e
one shall be appointed on the nomination of the Watchet Charter Boatmens' Association or other such body representing local fishing interests in the harbour;
f
one shall be appointed on the nomination of the Watchet Boat Owners' Association or other such body representing local boating interests in the harbour;
g
one shall be appointed on the nomination of the Watchet Association of Commerce, Environment and Tourism or other such body representing commercial interests in the harbour other than boating and fishing;
h
up to two may be appointed to represent such persons interested in the harbour, other than those mentioned in the preceding sub-paragraphs of this paragraph, as the Council from time to time think fit.
3
If it appears to the Council in the case of any of the appointments referred to in paragraph (2) that the body by whom the nomination is to be made has refused or failed to nominate a member after being requested by the Council to do so, or if the body by whom any of the said nominations is to be made has ceased to have an identifiable existence, the appointment in question may be made by the Council after consultation with such persons (if any) appearing to the Council to be representative of the interests represented, or formerly represented, by the nominating body specified in the relevant sub-paragraph of paragraph (2) above as the Council consider appropriate.
4
Subject to paragraph (5), a member of the Advisory Committee shall remain a member of the Committee for so long as the appointing body concerned shall think fit.
5
Any member of the Advisory Committee may resign his office at any time on giving notice in writing to the appointing body concerned.
6
The Advisory Committee shall appoint its own chairman and determine its own quorum and procedure.
7
Without prejudice to the generality of paragraph (1) the Council shall consult the Advisory Committee on proposals to —
a
impose or vary any charges in relation to recreational use of the harbour and its use by small vessels;
b
make byelaws and general directions;
c
construct or license any significant works in the harbour;
d
carry out or license dredging.
8
The Council shall take into consideration any matter, recommendation or representation which may from time to time be referred or made to them by the Advisory Committee, whether or not is has been consulted by the Council on the matter, recommendation or representation so referred or made.
9
The Council shall provide reasonable accommodation for the meetings of the Advisory Committee and shall defray such reasonable expenses as may be incurred by the Committee in connection with the provision of secretarial services for the Committee.
Delegation of powers
37
1
The Council may delegate the powers exercisable by them under articles 3 to 6, 17 to 20, 29, 34 and 35 of this Order in relation to the harbour undertaking or any part thereof in accordance with the provisions of paragraphs (2) to (5) below.
2
The powers contained within article 17 of this Order which may be delegated pursuant to paragraph (1) shall not include the power to light the harbour.
3
The powers contained in articles 29, 34 and 35 which may be delegated pursuant to paragraph (1) —
a
shall not apply in relation to ship, passenger and goods duties demanded under section 26 of the Harbours Act 1964;
b
shall only be exercisable in relation to charges levied for services and facilities the provision of which has been delegated pursuant to paragraph (1).
4
Before delegating any powers under this article the Council shall consult with and take into account the views of those bodies which they consider to be representative of users of the marina basin or proposed users of the marina basin.
5
Any delegation of powers by the Council pursuant to paragraph (1) may be on such terms and subject to such conditions (including terms and conditions as to payment) as the Council may consider appropriate.
Disapplication of Reservoirs Act 1975 to the marina basin
38
1
The marina basin shall not be taken to be a reservoir for the purpose of the Reservoirs Act 1975 .
Application of the Watchet Harbour Revision Order 1970
39
For the avoidance of doubt it is hereby declared that —
a
the purposes for which the Council may exercise the powers conferred by article 5 (Power to appropriate lands and works for particular trades etc.) of the Watchet Harbour Revision Order 1970 include the exclusive, partial or preferential use and accommodation of a marina.
b
the purposes for which the Council may exercise the powers conferred by article 6 (Power to lease etc.) of that Order include the construction and operation by the Council or the tenant of a marina.
c
the powers conferred by the said article 6 shall not diminish the Council’s duties and liabilities respecting the maintenance of that part of the harbour which constitutes the marina basin including the walls thereof.
Application of section 79 of the Watchet Harbour Act 1860
40
1
The rights of the Lord of the Manor under section 79 of the Watchet Harbour Act 1860 to pass and repass upon and over the bed of the harbour and the land vested in the Council below the level of high water and any other seignorial or manorial rights of the Lord of Manor over the harbour, subject as mentioned below, shall only be exercisable so far as the works which may be executed by the Council under the powers of this Order may permit and so as not to interfere with the operation of the harbour.
2
The rights referred to in paragraph (1) above shall be exercisable over the slipway provided for by Work No. 5 and over no other slipway.
3
In this article “Lord of the Manor” means the Lord of the Manor of Watchet, the devisees in trust of and all other persons claiming under the will of George late Earl of Egremont and their employees, servants or agents as mentioned in section 79 of the Watchet Harbour Act 1860.
Crown rights
41
1
Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and, in particular and without prejudice to the generality of the foregoing, nothing in this Order shall authorise any person to take, use, enter upon or in any manner interfere with, any land or hereditaments or any rights of whatsoever description (including any portion of the shore or bed of the sea or of any river, channel, creek, bay or estuary) —
a
belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners, without the consent in writing of those Commissioners; or
b
belonging to a government department, or held in trust for Her Majesty for the purposes of a government department, without the consent in writing of that government department.
2
A consent under paragraph (1) above may be given unconditionally, or subject to such conditions and upon such terms as may be considered necessary or appropriate.
Trinity House
42
Nothing in the provisions of this Order shall prejudice or derogate from any of the rights, duties or privileges of Trinity House.
Repeal
43
The local Act specified in columns (1) and (2) of the Schedule to this Order is hereby repealed to the extent mentioned in column (3) of that Schedule.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
14th July 2000


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Portsmouth (Millennium Waterbus Landing Stages) Harbour Revision Order 2000 and shall come into force on 4th September 2000.
Interpretation
2
1
In this Order —
“the Act of 1847 ” means the Harbours, Docks and Piers Clauses Act 1847 ;
“the authorised works” means all or any of the works authorised by this Order or any part of those works, and where any part of those works remain uncompleted, includes the site thereof;
“the Borough Council ” means the Gosport Borough Council;
“the City Council ” means the Portsmouth City Council;
“ the Councils ” means both the Borough Council and the City Council;
“deposited plan” and “deposited sections” means the three plans and sections each of which is prepared in duplicate signed by the Head of Ports Division in the Department of the Environment, Transport and the Regions and marked “Plan and sections referred to in the Portsmouth Harbour (Millennium Waterbus Landing Stages) Harbour Revision Order 2000”, of which one copy of each of the plans is deposited at the offices of the Department of the Environment, Transport and the Regions and one at the offices of the Director of Corporate Services of the City Council;
“enactment” means any enactment whether public general or local and includes any order, bye-law, rule, regulation, scheme or other instrument having effect by virtue of an enactment;
“Harbour Master” means in respect of the Camber Landing Stage and the Gunwharf Landing Stage the Harbour Master appointed from time to time by the City Council and in respect of HMS Alliance Landing Stage such person or body as the Borough Council shall nominate in writing to the Secretary of State and the Queen’s Harbour Master from time to time;
“the Landing Stages” means the Camber Landing Stage, the Gunwharf Landing Stage and the HMS Alliance Landing Stage;
“the level of high water” means the level of mean high-water springs;
“the limits of deviation” means the limits of deviation shown on the deposited plan;
“the Camber Landing Stage” means the landing stage to be constructed at the Camber, Portsmouth as part of the authorised works;
“the Gunwharf Landing Stage” means the landing stage to be constructed at Gunwharf, Portsmouth Harbour as part of the authorised works;
“the HMS Alliance Landing Stage” means the landing stage to be constructed at HMS Alliance, Gosport as part of the authorised works;
“Queen’s Harbour Master” means the person for the time being appointed to be Queen’s Harbour Master of the Dockyard Port of Portsmouth under the Dockyard Ports Regulation Act 1865 ;
“tidal work” means so much of the authorised works as is on, under or over any part of the seashore lying below the level of high water;
“ Trinity House ” means the Corporation of Trinity House of Deptford Strond;
“vessel” includes every description of water craft, including non-displacement craft and seaplanes, used or capable of being used as a means of transportation on water.
2
All distances and lengths stated in any description of works, powers or lands shall be construed as if the words “or thereabouts” were inserted after each such distance and length.
Incorporation of Act of 1847
3
1
Subject to paragraph (2) below, the Act of 1847 (except sections 6 to 13, 16 to 20, 23, 25 to 27, 31, 48, 49, 50, 67, 79 to 82, 84 to 90, 95, 97 and 98 and so much of the proviso to section 83 as follows the words “the special Act”), so far as the same is applicable for the purposes of and is not inconsistent with, or varied by, the provisions of this Order, is hereby incorporated with this Order.
2
In the Act of 1847 so incorporated —
a
section 15 of the Act of 1847 shall have effect as if, for the words from “ shall forfeit” to the end of the section, there were substituted the words “ shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale”;
b
section 34 of the Act of 1847 shall have effect as if, after the word “ may”, there were inserted the words “(on producing, if so required, a duly authenticated document showing his authority)”;
c
section 63 of the Act of 1847 shall have effect as if the words “and a further sum of twenty shillings for every hour that such vessel shall remain within the limits aforesaid, after a reasonable time for removing the same has expired after such requisition” were omitted; and
d
section 69 of the Act of 1847 shall have effect as if for the words from “ shall forfeit” to the end of the section there were substituted the words “ shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale”.
3
In the construction of the Act of 1847 as so incorporated the expression “ the special Act” shall mean this Order and the expression “vessel” shall have the meaning assigned to it by Article 2(1) of this Order.
4
For the purposes of section 83 of the Act of 1847 as so incorporated, sections 236 to 238 of the Local Government Act 1972 shall apply to this Order as if it were such an enactment as is referred to in the said section 236, and: —
a
for the purposes of the said section 236 the confirming authority for bye-laws made under the said section 83 shall be the Secretary of State for the Environment, Transport and the Regions; and
b
the said section 236 shall have effect as if in subsection (7) thereof after the word “confirm” where it first occurs the words “with or without modification” were inserted.
5
If the Secretary of State, on considering bye-laws relating to the Landing Stages made by the City Council or the Borough Council or both, as the case may be, and submitted under the said section 236 as having effect in accordance with paragraph (4) above, proposes to make a modification which appears to him to be substantial, then —
a
he shall inform the City Council or the Borough Council, or both, as the case may be, as appropriate and require them to take any steps he considers necessary for informing persons likely to be concerned with the modification; and
b
he shall not confirm the bye-laws until such period has elapsed as he thinks reasonable for the City Council or the Borough Council or both, as the case may be, and other persons who have been informed of the proposed modification to consider and comment on it.
Power to construct works
4
1
Subject to the provisions of this Order, the Councils (or others acting on their behalf) may, when they have acquired the necessary lands or obtained sufficient interests therein, make and maintain within the limits of deviation, the following works partly in the City of Portsmouth and partly in the Borough of Gosport: —
a
The Camber the construction at the Camber of a free floating pontoon measuring thirty metres in length by four metres in width secured in place by mooring piles. The south western corner of the pontoon will be located 8 metres north of the slipway toe and one metre seawards of the quay face. The pontoon will be positioned parallel with the face of the quay wall. A pedestrian gangway thirty two metres long and two metres four decimetres wide will extend out from a structural platform to be constructed on the face of the quay wall all within an area of land enclosed by the limit of deviation formed by an imaginary line commencing from the north west corner of the Camber Town Quay passing north for a distance of five metres thence in a westerly direction for a distance of twenty two metres thence in a northerly direction for a distance of forty eight metres thence in a westerly direction for a distance of twelve metres, thence generally following along the existing quay, slipway and Camber Town Quay back to the point of commencement;
b
The Gunwharf the construction of a free floating pontoon measuring twenty metres in length by ten metres in width positioned parallel with the north western quay wall of Gunwharf adjacent to Fisher Road and secured in place by mooring dolphins. The south western corner of the pontoon will be located twenty three metres north east of the south western end of the quay and one metre seawards of the quay face. A pedestrian gangway thirty two metres long and two metres four decimetres wide will extend out from a structural platform to be constructed on the face of the quay wall all within an area of land enclosed by the limit of deviation formed by an imaginary line commencing from the south western corner of the quay parallel with Fisher Road passing north west for a distance of fifteen metres thence in a north easterly direction for a distance of seventy three metres thence generally following the line of the existing quay back to the point of commencement; and
c
HMS Alliance the installation of one mooring pile to support the existing pontoon at HMS Alliance. The pile will be positioned eight metres out from the north western corner of the existing pontoon and in line with the pontoon’s north berthing face all within an area of land enclosed by the limit of deviation formed by an imaginary line commencing at the south eastern corner of Haslar Jetty passing south easterly for a distance of five metres, thence in a north easterly direction for a distance of fifteen metres, thence in a north westerly direction for a distance of twenty five metres, thence in a south westerly direction for a distance of fifteen metres, thence to the point of commencement.
2
The Councils may within the limits of deviation therefor extend, enlarge, alter, replace or relay the authorised works.
3
The Councils may authorise any person to carry out the authorised works.
Power to deviate
5
In constructing the authorised works the Councils may deviate laterally from the lines or situations thereof shown on the deposited plan to the extent of the limits of deviation and may divert vertically from the levels shown on the deposited sections to any extent not exceeding three metres upwards and to such extent downwards as may be found necessary or convenient.
Further powers as to works
6
Subject to the provisions of this Order, the Councils may, in connection within the construction of the authorised works, enclose and reclaim from the foreshore and bed of the sea, and may hold and use as part of the Landing Stages, so much of the foreshore and bed of the sea as is situated within the limits of deviation and is required for, or in connection with, the construction of the authorised works.
Subsidiary works
7
1
Subject to paragraph (2) below and to the other provisions of this Order, the Councils may, in connection with the authorised works and within the limits of deviation, construct, erect, lay down, place, maintain, remove, replace, work or use all necessary or convenient bridges, abutments, booms, pontoons, fenders, bollards, ladders, tanks, pumps, conduits, pipes, wires, mains, cables, rails, signals, conveyors, cranes, lifts, hoists, passenger side loaders, drops, weighbridges, stairs, stages, platforms, catwalks, landing places, dolphins, piles, buoys, moorings, beacons, approaches, buildings, sheds, offices, depots, roads, walls, fences, gates, equipment, machinery and appliances and such other works and apparatus as they think fit.
2
Electrical works, mechanical works or equipment constructed, erected, laid down, or placed or maintained, worked or used pursuant to the powers conferred by this article shall be so constructed, erected, laid down or placed, and so maintained, worked or used, that any electricity generated or conveyed by any such works or equipment or used therein or in connection therewith does not cause interference (whether by induction or otherwise) with any telecommunications apparatus or with telecommunication by means of any such apparatus.
Power to appropriate lands and works for particular trades etc
8
1
Notwithstanding anything in any statutory provision of local application the Councils may from time to time for the purpose of or in connection with the management of the Landing Stages set apart and appropriate all or any part of the Landing Stages for the exclusive, partial or preferential use and accommodation of any particular trade, person, vessel or class of vessels, or goods, subject to the payment of such charges and subject to such terms, conditions and regulations as the Councils may think fit.
2
No person or vessel shall make use of any part of the Landing Stages so set apart or appropriated without the consent of the Harbour Master or other duly authorised officer and the Harbour Master or, as the case may be, such officer, may order any person or vessel making use thereof without such consent to leave or be removed and the provisions of section 58 (Powers of harbour master as to mooring of vessels in harbour) of the 1847 Act shall extend and apply mutatis mutandis to and in relation to any such vessels.
Jurisdiction and directions of Harbour Master
9
1
Subject to paragraph (2) below, the limits within which the powers of the Harbour Master may be exercised under and subject to the provisions of the Act of 1847 as incorporated with this Order and all other powers enabling him in that behalf shall extend to a distance of 100 metres seawards from the authorised works in respect of the Camber Landing Stage and the Gunwharf Landing Stage and 10 metres seawards from the authorised works in respect of the HMS Alliance Landing Stage.
2
The powers exercisable by virtue of this article shall be limited to vessels going to, moored at, or departing from the authorised works.
3
Section 52 of the Act of 1847 as incorporated with this Order shall extend to empower the Harbour Master to give directions prohibiting the mooring of vessels in or near to any approach to the authorised works.
4
In case of conflict between any direction given by the Harbour Master and any direction given by the Queen’s Harbour Master, the directions given by the Queen’s Harbour Master shall prevail.
Recovery of rates in respect of vessels
10
In addition to the remedy given by section 44 of the Act of 1847 as incorporated with this Order (recovery of rates in respect of vessels by distraint and sale of the vessel and its tackle), and whether or not the collector of rates has gone on board the vessel and demanded any rates which the master of the vessel has neglected or refused to pay, the City Council (in respect of the Camber Landing Stage and the Gunwharf Landing Stage) or the Borough Council (in respect of the HMS Alliance Landing Stage) may recover such rates as a debt in any court of competent jurisdiction.
Harbour Master may prevent sailing of vessels
11
The Harbour Master may prevent the removal or sailing from the authorised works of any vessel until evidence has been produced to him of the payment of any ship, passenger and goods dues and other charges payable in respect of the vessel or of passengers thereon or of the goods imported or exported therein.
Fine for obstructing works
12
Any person who intentionally or recklessly obstructs any person acting under the authority of the Councils in setting out the lines of the authorised works, or who moves or removes any pole, stake, station point or bench mark established for the purpose of such setting out shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Tidal works not to be executed without approval of Secretary of State
13
1
A tidal work shall not be constructed, altered, enlarged, replaced, relaid or extended except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by the Secretary of State before the work is begun.
2
If a tidal work is constructed, altered, enlarged, replaced, relaid or extended in contravention of this article —
a
the Secretary of State may by notice in writing require the City Council (in respect of the Camber Landing Stage and the Gunwharf Landing Stage) or the Borough Council (in respect of the HMS Alliance Landing Stage) at its own expense to remove the tidal work or any part thereof and restore the site thereof to its former condition; and, if on the expiration of thirty days from the date when the notice is served upon the City Council or, as the case may be, the Borough Council, they have failed to comply with the requirements of the notice the Secretary of State may execute the works specified in the notice; and
b
if it appears to the Secretary of State urgently necessary so to do, he may remove the tidal work or part of it and restore the site to its former condition;
and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the City Council or, as the case may be, the Borough Council, as a debt in any court of competent jurisdiction.
Provision against danger to navigation
14
1
In case of injury to or destruction or decay of a tidal work or any part thereof forming part of the Camber Landing Stage or the Gunwharf Landing Stage the City Council shall, or in the case of injury to or destruction or decay of a tidal work or any part thereof forming part of the HMS Alliance Landing Stage the Borough Council shall, as soon as reasonably practicable notify Trinity House and the Queen’s Harbour Master and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as Trinity House shall from time to time direct.
2
If either the City Council or the Borough Council shall fail to notify Trinity House or the Queen’s Harbour Master as required by paragraph (1) above or to comply in any respect with a direction given under that paragraph, they shall be respectively liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Abatement of works abandoned or decayed
15
1
Where a tidal work forming part of the Camber Landing Stage or the Gunwharf Landing Stage is abandoned or suffered to fall into decay, the Secretary of State may by notice in writing require the City Council at its own expense either to repair and restore the work or any part thereof, or to remove the work and restore the site thereof to its former condition, to such an extent and within such limits as the Secretary of State thinks proper.
2
Where a tidal work forming part of the HMS Alliance Landing Stage is abandoned or suffered to fall into decay, the Secretary of State may by notice in writing require the Borough Council at its own expense either to repair and restore the work or any part thereof, or to remove the work and restore the site thereof to its former condition, to such an extent and within such limits as the Secretary of State thinks proper.
3
Where a work consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or suffered to fall into decay and that part of the work on or over land above the level of high water is in such condition as to interfere or to cause reasonable apprehension that it may interfere with the right of navigation or other public rights over the foreshore, the Secretary of State may include that part of the work or any portion thereof in any notice under this article.
4
If on the expiration of thirty days from the date when a notice under this article is served upon the City Council or, as the case may be, the Borough Council, it has failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice; and any expenditure incurred by him in so doing shall be recoverable from the City Council or, as the case may be, the Borough Council, as a debt in any court of competent jurisdiction.
Survey of tidal works
16
If the Secretary of State at any time deems it expedient to do so, he may order a survey and examination of a tidal work or of the site upon which it is proposed to construct the work, and any expenditure incurred by the Secretary of State in any such survey and examination shall be recoverable from the City Council in respect of expenditure incurred relating to the Camber Landing Stage or Gunwharf Landing Stage and from the Borough Council in respect of expenditure incurred relating to the HMS Alliance Landing Stage as a debt in any court of competent jurisdiction.
Permanent lights on tidal works
17
1
After the completion of a tidal work the Councils shall at the outer extremity thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as Trinity House shall from time to time direct.
2
If the City Council or the Borough Council fails to comply in any respect with a direction given under paragraph 1 above, that Council shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Lights on tidal works during construction
18
1
The Councils shall at or near a tidal work during the whole time of the construction, alteration, enlargement, replacement, relaying or extension thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as Trinity House shall from time to time direct.
2
If the City Council or the Borough Council fails to comply in any respect with a direction given under paragraph 1 above, that Council shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Recovery of fines
19
All fines and forfeitures recoverable under the provisions of the Act of 1847 as incorporated with this Order or under any bye-law made in pursuance of section 83 of the Act of 1847 as so incorporated may be recovered summarily.
Power to lease
20
The City Council (in respect of the Camber Landing Stage and the Gunwharf Landing Stage) and the Borough Council (in respect of the HMS Alliance Landing Stage) may lease or grant the use of occupation of, or any right or interest in or over any lands, works, buildings, equipment or other property forming part of such landing stages for harbour purposes for such period or periods and on such terms and conditions as shall be agreed between the City Council or, as the case may be, the Borough Council, and the person taking the same.
Extension of Section 86 of Portsmouth Corporation Act 1959
21
Section 86 (Powers with respect to disposal of wrecks) of the Portsmouth Corporation Act 1959 shall have effect as if the references in subsections (1) and (7) of that section to any approach to the Inner and Outer Camber as extended by the quay works included references to the Camber Landing Stage and the Gunwharf Landing Stage.
Crown rights
22
1
Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and, in particular, nothing in this Order authorises the Councils to take, use, enter upon or in any manner interfere with, any land, hereditaments, or rights of whatsoever description (including any part of the shore or bed of the sea or any other river, channel, creek, bay or estuary) —
a
belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners without the consent in writing of those Commissioners, and
b
belonging to a government department, or held in trust for Her Majesty for the purposes of a government department, without the consent in writing of that government department.
2
A consent under paragraph (1) above may be given unconditionally or subject to such conditions and upon such terms as may be considered necessary as appropriate.
Saving rights of Queen’s Harbour Master
23
Nothing in this Order shall take away, alter, prejudice or affect the jurisdiction or any rights, powers, authorities or privileges of the Queen’s Harbour Master.
Inquiries by Secretary of State
24
The Secretary of State may cause such inquiries to be held as he may consider necessary for the purposes of the exercise of any of his powers or duties under this Order, and subsections (2) to (5) inclusive of section 250 of the Local Government Act 1972 shall apply to any such inquiry as if it were a local inquiry held in pursuance of subsection (1) of that section.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions.
Stephen Reeves
Head of Ports Division,
Department of the Environment, Transport and the Regions
21st August 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Harrogate (Electoral Changes) Order 2000.
2
This article and articles 2, 3, 9 and 10 shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 2nd May 2002, on 10th October 2001;
b
for all other purposes, on 2nd May 2002.
3
Articles 4, 5 and 8 of this Order shall come into force —
a
for the purpose of proceedings preliminary or relating to the election of parish councillors for the parishes of Boroughbridge, Killinghall and Whixley, respectively, to be held on 6th May 2004, on 10th October 2003.
b
for all other purposes, on 6th May 2004.
4
Articles 6 and 7 of this Order shall come into force —
a
for the purpose of proceedings preliminary or relating to the election of parish councillors for the parishes of Knaresborough and Ripon, respectively, to be held on 1st May 2003, on 10th October 2002.
b
for all other purposes, on 1st May 2003.
5
In this Order —
“borough” means the borough of Harrogate;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the Borough of Harrogate (Electoral Changes) Order 2000”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of the borough of Harrogate
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into thirty-five wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes or, where no area is so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of the borough of Harrogate
3
1
Subject to the following provisions of this article, elections of councillors for wards of the borough shall be by thirds.
2
Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 2002 .
3
The councillors holding office for any ward of the borough immediately before 6th May 2002 shall retire on that date and the newly-elected councillors for those wards shall come into office on that date.
4
The order of retirement of councillors shall be as set out in Schedule 2.
5
Where the number of councillors elected in 2002 for any ward of the borough exceeds one, the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smaller number of votes.
6
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
7
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
8
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
9
Except as otherwise provided in the preceding paragraphs of this article, the term of office of councillors shall be four years; and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
Wards of the parish of Boroughbridge
4
The parish of Boroughbridge shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Killinghall
5
The parish of Killinghall shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 4; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Knaresborough
6
1
The existing wards of the parish of Knaresborough shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Knaresborough East, Knaresborough King James and Knaresborough Scriven Park; and each parish ward shall comprise the area of the borough ward bearing the same name.
3
The number of councillors to be elected for each parish ward shall be five.
Wards of the city of Ripon
7
1
The existing wards of the city of Ripon shall be abolished.
2
The city shall be divided into three city wards which shall bear the names Ripon Minster, Ripon Moorside and Ripon Spa; and each city ward shall comprise the area of the borough ward bearing the same name.
3
The number of councillors to be elected for each city ward shall be five.
Numbers of parish councillors
8
The number of parish councillors to be elected for the parish of Whixley shall be seven.
Parish Elections
9
1
The ordinary elections of parish councillors in 2003 for the parishes listed in Schedule 5 shall not take place; and any such parish councillor holding office immediately before 5th May 2003 who would, but for this paragraph, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until the fourth day after the ordinary day of election of councillors in 2004.
2
Elections of all parish councillors for the parishes referred to in paragraph (1) shall be held simultaneously on the ordinary day of election of councillors in 2004 and every fourth year after 2004.
3
Elections of all parish councillors for the parishes listed in Schedule 6 shall be held simultaneously on the ordinary day of election of councillors in 2002, 2004 and every fourth year after 2004.
4
The term of office of every councillor elected, in accordance with the provisions of paragraph (3), in 2002, shall be two years; and each such councillor shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until the fourth day after the ordinary day of election of councillors in 2004.
5
The councillors elected in accordance with the provisions of paragraph (3) in 2002, shall come into office on the day on which their predecessors retire.
6
Where any provision of an Order made before the making of this Order requires an election of parish councillors for a parish referred to in paragraph (1) or paragraph (3) to be held on a date other than that for which that paragraph provides, it shall cease to have effect to that extent.
7
Rule 8 of the Local Elections (Parishes and Communities) Rules 1986 (filling of casual vacancies) shall have effect, in case of a casual vacancy occurring before 10th May 2004 in the office of a parish councillor for the parishes referred to in paragraph (1), as if the reference in paragraphs (1) and (4) of that rule to the day on which that councillor would regularly have retired were a reference to 10th May.
Revocation
10
The Borough of Harrogate (Electoral Arrangements) Order 1979 is hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
22nd September 2000


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Occupational and Personal Pension Schemes (Levy) Amendment Regulations 2000 and shall come into force on 1st April 2000.
2
In these Regulations, “the principal Regulations ” means the Occupational and Personal Pension Schemes (Levy) Regulations 1997 .
Amendment of regulation 2 of the principal Regulations
2
In regulation 2 of the principal Regulations (the general levy)–
a
in paragraph (1), after the words “Regulatory Authority” insert the words “in connection with their functions in relation to occupational pension schemes”; and
b
in paragraph (2), after the words “1993 Act” insert the words “ and of the Regulatory Authority in connection with their functions in relation to personal pension schemes” .
Amendment of the Schedule to the principal Regulations
3
1
In Part I of the Schedule to the principal Regulations (amount of general levy — occupational pension schemes)–
a
in sub-paragraph (a) for “£11.00” substitute “£12.00 ”;
b
in sub-paragraph (b) for “£1.20” substitute “£1.25 ”;
c
in sub-paragraph (c)(i) for “85p” substitute “90p”;
d
in sub-paragraph (c)(ii) for “£120” substitute “£125 ”;
e
in sub-paragraph (d)(i) for “69p” substitute “70p”;
f
in sub-paragraph (d)(ii) for “£850” substitute “£900 ”; and
g
in sub-paragraph (e)(ii) for “£3,450” substitute “£3,500 ”.
2
In Part II of that Schedule (amount of general levy — personal pension schemes)–
a
in sub-paragraph (a) for “£3.75” substitute “£5.20 ”;
b
in sub-paragraph (b) for “35p” substitute “50p”;
c
in sub-paragraph (c)(i) for “25p” substitute “35p”;
d
in sub-paragraph (c)(ii) for “£35” substitute “£50 ”;
e
in sub-paragraph (d)(i) for “20p” substitute “30p”;
f
in sub-paragraph (d)(ii) for “£250” substitute “£350 ”;
g
in sub-paragraph (e)(i) for “15p” substitute “20p”;
h
in sub-paragraph (e)(ii) for “£1,000” substitute “£1,500 ”;
i
in sub-paragraph (f)(i) for “10p” substitute “15p”; and
j
in sub-paragraph (f)(ii) for “£1,500” substitute “£2,000 ”.
Signed by authority of the Secretary of State for Social Security.
Jeff Rooker
Minister of State,
Department of Social Security
3rd March 2000


text:
Citation and commencement
1
These Regulations may be cited as the Housing Benefit and Council Tax Benefit (General) Amendment (No. 3) Regulations 2000 and shall come into force on 25th August 2000.
Amendment of regulation 2B of the Housing Benefit (General) Regulations 1987
2
In regulation 2B of the Housing Benefit (General) Regulations 1987 (cases in which section 1(1A) of the Administration Act is disapplied) —
a
in paragraph (a) the word “or” shall be omitted;
b
after the word “claimed” in paragraph (b) there shall be added the following words —
; or
c
to a claim for a further grant of housing benefit made before 5th September 2000 under regulation 72(12) to (14) (time and manner in which claims are to be made).
.
Amendment of regulation 2B of the Council Tax Benefit (General) Benefit Regulations 1992
3
For regulation 2B of the Council Tax Benefit (General) Regulations 1992 (requirement to state national insurance number) there shall be substituted the following —
Disapplication of section 1(1A) of the Administration Act
2B
Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply in the case of a —
a
child or young person in respect of whom council tax benefit is claimed;
b
claim for a further grant of council tax benefit made before 5th September 2000 under regulation 62(13) to (15) (time and manner in which claims are to be made).
.
Signed by authority of the Secretary of State for Social Security.
P. Hollis
Parliamentary Under-Secretary of State,
Department of Social Security
29th July 2000


text:
1
1
This Order may be cited as the Value Added Tax (Increase of Consideration for Fuel) Order 2000 and shall come into force on 6th April 2000.
2
It shall take effect in relation to a taxable person from the beginning of his first prescribed accounting period beginning after 5th April 2000.
2
For Table A in section 57 of the Value Added Tax Act 1994 there shall be substituted the following —
TABLE A
Description of vehicle (Type of engine and cylinder capacity in cubic centimetres) 12 month period 3 month period 1 month period £ £ £
Diesel engine 2000 or less 930.00 232.00 77.00 More than 2000 1180.00 295.00 98.00 Any other type of engine 1400 or less 1025.00 256.00 85.00 More than 1400 but not more than 2000 1300.00 325.00 108.00 More than 2000 1915.00 478.00 159.00
.
David Jamieson
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
21st March 2000


text:
1
1
This Order may be cited as the A43 Trunk Road (M40 to B4031 Improvement — Ardley Interchange) Order 2000 and shall come into force on 9th June 2000.
2
In this Order all measurements of distance are measured along the route of the relevant highway.
2
The new highway which the Secretary of State for the Environment, Transport and the Regions proposes to construct along the route described in the Schedule to this Order shall become a trunk road from the date when this Order comes into force.
3
The centre line of the new trunk road is indicated by a heavy black line on the plan numbered PSE/O/A43/2/65/10/2, marked “The A43 Trunk Road (M40 to B4031 Improvement — Ardley Interchange) Order 2000”, signed by authority of the Secretary of State for the Environment, Transport and the Regions and deposited at the Highways Agency, St. Christopher House, Southwark Street, London SE1 0TE.
4
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that —
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the new trunk road is opened for traffic.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
W.S.C. Wadrup
A Divisional Director in the Highways Agency
10th May 2000


text:
Citation and commencement
1
These Regulations may be cited as the Judicial Pensions and Retirement Act 1993 (Amendment) Regulations 2000 and shall come into force on 1st December 2000.
Amendments to the Judicial Pensions and Retirement Act 1993
2
The following shall be inserted after section 23 of the Judicial Pensions and Retirement Act 1993 : —
Pension credits
23A
Schedule 2A to this Act shall have effect with respect to the creation and implementation of pension credits affecting a pension scheme constituted by Part I or Section 19 of this Act.
.
3
The following shall be inserted after Schedule 2 to that Act: —
SCHEDULE 2A
PENSION CREDITS
1
1
In any case where —
a
a person (“the transferee”) becomes entitled to a pension credit under section 29 of the Welfare Reform and Pensions Act 1999 (“the 1999 Act ”); and
b
that pension credit is derived from the rights of another person (“the transferor”) under —
i
an occupational pension scheme constituted by Part I or section 19 of this Act; or
ii
any scheme in relation to which a scheme within sub-paragraph (i) is specified as an alternative for the purposes of paragraph 2 of Schedule 5 to the 1999 Act,
the transferee shall become entitled to rights under this paragraph in respect of that pension credit.
2
The rights which are to be provided under this paragraph shall be so calculated as to be appropriate rights for the purposes of paragraph 5 of Schedule 5 to the 1999 Act, and any regulations made by the Secretary of State for the purposes of that paragraph shall apply accordingly.
3
Subject to sub-paragraph (2) above, the rights which are to be provided under this paragraph, shall be such as may be prescribed by the appropriate Minister in regulations, which shall provide for the calculation and payment of any sums payable as part of those rights.
4
Regulations under sub-paragraph (3) above may —
a
provide for the calculation of the amounts payable in such manner as may, in the particular case, be approved by a person prescribed by the regulations, or in accordance with guidance from time to time prepared by a person so prescribed;
b
include provision by reference to regulations made under section 30 of or Schedule 5 to the 1999 Act; or
c
include provision by reference to regulations made under paragraph 13 of Schedule 2 to this Act.
5
Section 28(1) of this Act shall apply to any pension or lump sum payable by virtue of this paragraph as if it were —
a
a pension or lump sum under Part I of this Act; or
b
a payment authorised by section 19 of this Act,
payable to the transferor in respect of the office which he held at the time of the order or agreement under which the pension credit arose.
2
The appropriate Minister shall have no power to accept, for the benefit of a member of a judicial pension scheme —
a
a payment under paragraph 1(3) of Schedule 5 to the 1999 Act,
b
a payment under section 95 of the Pension Schemes Act 1993 , or
c
any other payment,
to the extent that that payment directly or indirectly represents a pension credit.
.
Irvine of Lairg, C.
Dated 1st November 2000


text:
Title, extent and commencement
1
These Regulations may be cited as the Specified Risk Material (Amendment) (England) (No. 2) Regulations 2000; they extend to England only and come into force on 1st January 2001.
Amendment to the Specified Risk Material Regulations 1997
2
1
In so far as they extend to England, the Specified Risk Material Regulations 1997 are amended in accordance with paragraph (2) of this regulation.
2
The following paragraph is substituted for paragraph (1) of paragraph 4 (specified bovine material) —
1
In these Regulations, “specified bovine material” means —
a
the intestines from the duodenum to the rectum of any bovine animal which was slaughtered or has died elsewhere than in Australia or New Zealand;
b
the following material derived from a bovine animal which was slaughtered or has died in the United Kingdom or Portugal at an age greater than 6 months —
i
the head (excluding the tongue but including the brain, eyes, trigeminal ganglia and tonsils),
ii
the thymus,
iii
the spleen,
iv
the spinal cord, and
v
in the case of such an animal which was slaughtered or has died at an age greater than 30 months (other than one which was accompanied at the time of slaughter by a slaughter certificate issued under the Beef Assurance Scheme as described in Schedule 1 to the Fresh Meat (Beef Controls) (No. 2) Regulations 1996 ), the vertebral column, including dorsal root ganglia; and
c
the following material derived from a bovine animal which was slaughtered or has died at an age greater than 12 months elsewhere than in the United Kingdom, Portugal, Australia or New Zealand —
i
the skull (including the brains and eyes),
ii
the tonsils, and
iii
the spinal cord.
.
Signed by authority of the Secretary of State for Health
Gisela Stuart
Parliamentary Under-Secretary of State,
Department of Health
28th December 2000


text:
1
This Order may be cited as the Education (Funding for Teacher Training) Designation Order 2000 and shall come into force on 7th February 2000.
2
The following are hereby designated as institutions eligible for funding under Part I of the Education Act 1994–
a
Barking and Dagenham London Borough Council;
b
Birmingham City Council;
c
Buckinghamshire County Council;
d
Bury Metropolitan Borough Council;
e
Camden London Borough Council;
f
Cheshire County Council;
g
Cornwall County Council;
h
Dorset County Council;
i
Dyslexia Institute Limited, a charitable company limited by guarantee having the registered charity number 268502;
j
East Sussex County Council;
k
Haringey London Borough Council;
l
Kensington and Chelsea London Borough Council;
m
Kirklees Metropolitan Borough Council;
n
Manchester City Council;
o
Newham London Borough Council;
p
Oxfordshire County Council;
q
Rotherham Metropolitan Borough Council;
r
Sefton Metropolitan Borough Council;
s
Southwark London Borough Council;
t
Staffordshire County Council;
u
Thurrock Borough Council; and
v
West Sussex County Council.
Estelle Morris
Minister of State,
Department for Education and Employment
12th January 2000


text:
Citation and commencement
1
This Order may be cited as the Southend Community Care Services and the Thameside Community Healthcare National Health Service Trusts (Dissolution) Order 2000 and shall come into force on 1st April 2000.
Dissolution of NHS trusts
2
The Southend Community Care Services National Health Service Trust established by the Southend Community Care Services National Health Service Trust (Establishment) Order and the Thameside Community Healthcare National Health Service Trust established by the Thameside Community Healthcare National Health Service Trust (Establishment Order) are hereby dissolved, and accordingly those Orders are hereby revoked.
Signed by the authority of the Secretary of State for Health
Hunt
Parliamentary Under-Secretary of State,
Department of Health
17th February 2000


text:
Citation and interpretation
1
1
This Order may be cited as the Greater London Authority Act 1999 (Commencement No. 6 and Preliminary Arrangements for the Metropolitan Police Authority) Order 2000, and shall come into force on 10th May 2000.
2
In this Order —
a
“the 1999 Act ” means the Greater London Authority Act 1999;
b
“the 1996 Act ” means the Police Act 1996 ; and
c
“the operative date” means the date on which appointments to the Metropolitan Police Authority are first made under paragraph 3(3) of Schedule 2A to the 1996 Act (appointment of independent members) .
Preliminary financial arrangements
2
1
Arrangements in relation to the Metropolitan Police Authority as to any matter specified in the Schedule to this Order made before 3rd July 2000 by the chief finance officer shall have effect on and after that date as if made by that Authority until replaced or altered by that Authority.
2
In this article “chief finance officer” means the person who is, by virtue of his appointment under section 407 of the 1999 Act, for the time being the chief finance officer of the Metropolitan Police Authority.
Preliminary standing orders
3
1
Standing orders for the first meeting of the Metropolitan Police Authority shall be prepared by the clerk to that Authority.
2
The standing orders prepared in accordance with paragraph (1) shall provide for:
a
giving notice of the meeting;
b
preparation of the agenda for the meeting;
c
election of a chairman of the Metropolitan Police Authority;
d
declaration of the result of that election;
e
the meeting to be chaired by the clerk to that Authority until that result has been declared; and
f
preparation of minutes of the meeting.
3
Standing orders for the regulation of any business of the Metropolitan Police Authority which, by reason of the urgency of that business, the clerk to that Authority considers it to be necessary or expedient to transact on or before the date of the first meeting of that Authority shall be prepared by the clerk to that Authority.
4
In this article “the clerk to that Authority” means the person who is, by virtue of his appointment under section 407 of the 1999 Act, for the time being clerk to the Metropolitan Police Authority.
Commencement
4
1
Section 127 of the 1999 Act in its application to the Metropolitan Police Authority shall come into force on the operative date for the purposes only of articles 5 and 6 below.
2
The following provisions of the 1999 Act, in so far as they are not already in force, shall come into force on the operative date for the purposes only of articles 5 and 6 below and for all other purposes shall come into force on 3rd July 2000:
a
section 310 ;
b
Schedule 26 ; and
c
paragraphs 62, 75 and 76 of Schedule 27.
First meeting of the Metropolitan Police Authority
5
1
The first meeting of the Metropolitan Police Authority may take place at any time after the operative date.
2
For the purposes of paragraph 6(1) of Schedule 2A to the 1996 Act and notwithstanding paragraph 6A of Schedule 12 to the Local Government Act 1972 the first meeting of the Metropolitan Police Authority shall be regarded as that Authority’s annual meeting.
3
If the first meeting takes place before 3rd July 2000, the provisions of article 6 below shall apply.
First meeting held before 3rd July 2000
6
1
Arrangements shall be made by the clerk to the Metropolitan Police Authority for the public and the press to be admitted to the meeting.
2
No business shall be transacted at the meeting unless at least one quarter of the whole number of members of the Metropolitan Police Authority are present.
3
Arrangements may be made by the clerk to the Metropolitan Police Authority for the exclusion of a member of that Authority from the meeting while any contract, proposed contract, or other matter in which he has a pecuniary interest, direct or indirect, is under consideration.
4
Arrangements may be made at the meeting as to the matters specified in the Schedule to this Order.
5
In addition to the matters specified in the Schedule to this Order the following powers may be exercised at the first meeting:
a
the designation of a monitoring officer for the Metropolitan Police Authority in accordance with section 5(1) of the Local Government and Housing Act 1989 ;
b
the appointment of a clerk to the Metropolitan Police Authority in accordance with section 16 of the 1996 Act ;
c
the appointment of a chief finance officer to the Metropolitan Police Authority in accordance with section 127(2) of the 1999 Act;
d
the making of standing orders in accordance with paragraph 42 of Schedule 12 to the Local Government Act 1972;
e
the making of delegations in accordance with section 101 of the Local Government Act 1972.
6
Arrangements made or powers exercised in pursuance of this article shall be regarded as being made or exercised by the Metropolitan Police Authority.
7
In paragraphs (1) and (3) of this article “the clerk to the Metropolitan Police Authority” means the person who is, by virtue of his appointment under section 407 of the 1999 Act, for the time being the clerk to that Authority.
Payment of expenses and allowances
7
The Metropolitan Police Authority may make payments by way of reimbursement of expenses and allowances to members in accordance with paragraph 20 of Schedule 2A to the 1996 Act from the date of their appointment.
Term of appointment
8
In determining the period of a term of years for the purposes of paragraph 11 of Schedule 2A to the 1996 Act (term of appointment), any period prior to 3rd July 2000 shall be disregarded.
Jack Straw
One of Her Majesty’s Principal Secretaries of State
Home Office
16th April 2000


text:
1
This Order may be cited as the Carriers' Liability (Clandestine Entrants) (Code of Practice) Order 2000 and shall come into force on 3rd April 2000.
2
The code of practice entitled “Immigration and Asylum Act 1999: Civil Penalty: Code of Practice for Vehicles”, laid in draft before each House of Parliament on 3rd March 2000 and which concerns the practice to be followed by any person operating a system for preventing the carriage of clandestine entrants concealed in vehicles, shall come into operation on 3rd April 2000.
Barbara Roche
Minister of State
Home Office
8th March 2000