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Statutory Instruments

2007 No. 1440

HARBOURS, DOCKS, PIERS AND FERRIES

The Mersey Docks and Harbour Company (Seaforth River Terminal) Harbour Revision Order 2007

Made

9th May 2007

Coming into force

30th May 2007

Contents

Go to Preamble

  1. PART 1

    PRELIMINARY

    1. 1. Citation and commencement

    2. 2. Interpretation

  2. PART 2

    WORKS PROVISIONS

    1. 3. Power to construct and maintain certain works

    2. 4. Power to deviate

    3. 5. Subsidiary works

    4. 6. Period for completion of works

    5. 7. Power to dredge

    6. 8. Obstruction of works

    7. 9. Works to be within area of Sefton Metropolitan Borough Council

    8. 10. Tidal works not to be executed without approval of Secretary of State

    9. 11. Lights on tidal works during construction

    10. 12. Provision against danger to navigation

    11. 13. Abatement of works abandoned or decayed

    12. 14. Survey of tidal works

    13. 15. Permanent lights on tidal works

    14. 16. Extinguishment of public rights to parade etc. and creation of new public footpath

  3. PART 3

    MISCELLANEOUS AND GENERAL

    1. 17. Defence to proceedings in respect of statutory nuisance

    2. 18. Defence of due diligence

    3. 19. Saving for Trinity House

    4. 20. Crown rights

    5. 21. Disapplication of regulation 60 of the Conservation (Natural Habitats &c) Regulations 1994

    1. SCHEDULE

      REPEALS AND REVOCATION

Go to Explanatory Note

The Mersey Docks and Harbour Company has applied for a harbour revision order under section 14 of the Harbours Act 1964(1);

The Secretary of State is satisfied as mentioned in section 14(2)(b) of that Act;

The Secretary of State (being the appropriate Minister under subsection (7) of section 14(2) of that Act) in exercise of the powers conferred by that section and now vested in him(3) makes the following Order:—

PART 1 PRELIMINARY

Citation and commencement

1.—(1) This Order may be cited as the Mersey Docks and Harbour Company (Seaforth River Terminal) Harbour Revision Order 2007 and shall come into force on 30th May 2007.

(2) The Mersey Docks and Harbour Acts and Orders 1857 to 2004 and this Order may be cited together as the Mersey Docks and Harbour Acts and Orders 1857 to 2007.

Interpretation

2.—(1) In this Order—

“the 1971 Act” means the Mersey Docks and Harbour Act 1971(4);

“the Company” means the Mersey Docks and Harbour Company;

“deposited plans” and “deposited sections” mean respectively the plans and sections (numbered sheets 1, 2 and 3) prepared in duplicate, signed by the Head of Ports Division in the Department for Transport and marked “The Mersey Docks and Harbour Company (Seaforth River Terminal) Harbour Revision Order 2007” of which copies are deposited at the offices of the Secretary of State for Transport and the head office of the Company;

“existing enactments” means the Mersey Docks and Harbour Acts and Orders 1857 to 2004;

“level of high water” means the level of mean high-water springs;

“limits of deviation” means the limits of deviation shown on the deposited plans;

“tidal works” means so much of any works authorised by this Order as is on, under or over tidal waters or tidal lands below the level of high water;

“Trinity House” means the Corporation of Trinity House of Deptford Strond;

“the undertaking” means the undertaking of the Company as from time to time existing;

“works” means the works authorised by articles 3 and 5.

(2) All points, directions, lengths, areas and other measurements (other than the limits of deviation) shall be construed as if the words “or thereabouts” were inserted after each such point, direction, length, area or other measurement.

(3) Reference points specified in this Order shall be construed as references to Ordnance Survey National Grid reference points.

(4) References in the existing enactments to the undertaking of the Company shall be construed as including references to any works carried on by the Company or any of its subsidiaries under or by virtue of this Order.

(1)

1964 c. 40; section 14 was amended by the Transport Act 1981 (c. 56), section 18 and Schedule 6, paragraphs 2, 3, 4(1) and 14, section 40 and Schedule 12 Part II and by the Transport and Works Act 1992 (c. 42), section 63(1) and Schedule 3, paragraph 1. Back [1]

(2)

For the definition of “the Minister” (mentioned in section 14(7)) see section 57(1). Back [2]

(3)

S.I. 1981/238. Back [3]

(4)

1971 c. lvii. Back [4]

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