The Port of Tyne Harbour Revision Order 2026

2 Interpretation

(1) In this Order— “the 1847 Act” means the Harbours, Docks and Piers Clauses Act 1847; “the 1862 Act” means the Tyne General Ferry Act 1862; “the 1886 Act” means the Tyne Improvement Act 1886; “the 1897 Act” means the Tyne Improvement Act 1897; “the 1925 Act” means the Tyne Improvement Act 1925; “the 1934 Act” means the Tyne Improvement Act 1934; “the 1957 Act” means the Tyne Improvement Act 1957; “the 1964 Act” means the Harbours Act 1964; “the 1989 Act” means the Port of Tyne Act 1989; “the 1995 Act” means the Merchant Shipping Act 1995; “the 1974 Order” means the Port of Tyne Authority (Constitution) Revision Order 1974; “the 1967 Scheme” means the Port of Tyne Reorganisation Scheme 1967; “aid to navigation” includes lights, buoys, beacons and signals including sound and electronic signals and any structure required to house the same; “ashore” means all those parts of the port not within the wet port area; “the Authority” means the Port of Tyne Authority incorporated under article 4 of the 1967 Scheme (incorporation of Port of Tyne Authority); “charges” means the charges, rates, tolls and dues which the Authority is authorised to demand, take and recover in relation to the port undertaking; “commercial refuelling activities” includes recharging, providing or emptying (in whole or part) a vessel with fuel or alternative power in exchange for financial payment or other valuable consideration; “electronic communications network” has the meaning given by section 32 of the Communications Act 2003; “enactment” means any enactment whether public general or local and includes any order, byelaw, general direction, rule, regulation, scheme or other instrument having effect by virtue of an enactment; “existing chair” means the person appointed in accordance with paragraph (1)(a) of article 3 of the 1974 Order or who is otherwise holding that office at the date this Order comes into force; “existing vice-chair” means the person appointed in accordance with paragraph 3 of the Schedule to the 1974 Order or who is otherwise holding that office at the date this Order comes into force; “general direction” means a direction given under article 29 (power to give general directions as to the use of the port, etc.); “the harbour master” means any person appointed as such by the Authority, and includes the duly authorised deputies and assistants of the harbour master and any other person authorised by the Authority to act, either generally or for a specific purpose, in the capacity of harbour master; “hovercraft” means a vehicle which is designed to be supported when in motion wholly or partly by air expelled from the vehicle to form a cushion of which the boundaries include the ground, water or other surface beneath the vehicle; “the level of high water” means the level of mean high water spring tides; “the level of low water” means the level of mean low water spring tides; “master”, in relation to a vessel, means any person having or taking command, charge or management of the vessel; “operator” has the meaning given by paragraph 2 of Schedule 3A to the Communications Act 2003 (the electronic communications code); “port” means the Port of Tyne the limits of which include the port premises and are described in Schedule 3 (limits of port); “the Port Advisory Group” means the body or bodies established in accordance with article 38 (advisory bodies); “port facilities” includes, but is not limited to, shipping, fisheries, marine, energy, fuel and alternative power, recreational, leisure, tourism and retail facilities (including buildings); “port functions” means the powers and duties at and in connection with the port undertaking, including those contained within the 1964 Act and the 1995 Act; “the port limits map” means the map (shown on four sheets) prepared in duplicate, signed on behalf of the Marine Management Organisation and marked “Signed port limits map referred to in the Port of Tyne Harbour Revision Order 2026”, one copy of which is deposited at the office of the Marine Management Organisation and the other at the port office; “the Port of Tyne Acts and Scheme 1886 to 1989” means the Acts and the Scheme listed in Schedule 5 (Acts and Scheme) (to the extent that those Acts and that Scheme relate to the port); “port operations” include— the marking, lighting or dredging of the port or any part of the port; the berthing, dry docking, mooring or storage of a vessel; the laying and maintenance of moorings or other similar apparatus in the port; the warehousing, sorting, weighing or handling of goods; the movement of goods and vehicles (including parking, designated and prohibited areas, speed limits and removal from the port); the towing or moving of a vessel; the loading or unloading of goods, or embarking or disembarking of passengers; energy generation or storage; the operation of the swing bridge; the control of use of the port by members of the public and other third parties (including movement, conduct, authorised activities and designated and prohibited areas) but not so as to cause an interference with any public right of way; “port premises” means land adjacent to the wet port area vested in, occupied or administered (for the time being) by the Authority as part of the port undertaking and occupied wholly or mainly for the purpose of activities there carried on, which may include docks, quays, piers, wharves, berths, locks, breakwaters, landing places, yards, roads, sheds, car parks, other buildings and all other works and conveniences, land and premises which at the date this Order comes into force includes the areas shaded green on the port premises map; “the port premises map” means the map (shown on one sheet) prepared in duplicate, signed on behalf of the Marine Management Organisation and marked “Signed port premises map referred to in the Port of Tyne Harbour Revision Order 2026”, one copy of which is deposited at the office of the Marine Management Organisation and the other at the port office; “port revenue” means all moneys receivable by the Authority for and in relation to the port undertaking other than borrowed moneys and moneys which ought to be carried to capital account; “the port undertaking” means the undertaking carried on by the Authority at and in connection with the port authorised by this Order and the Port of Tyne Acts and Scheme 1886 to 1989; “special direction” means a direction given under article 32 (special directions); “statutory undertaker” means— any person who is a statutory undertaker for any of the purposes of the Town and Country Planning Act 1990; a coast protection authority within the meaning of section 1 of the Coast Protection Act 1949 (coast protection authorities); any operator of an electronic communications network; “subsidiary” has the meaning given by section 1159(1) of the Companies Act 2006; “swing bridge” means the swing bridge across the River Tyne providing a link for Bridge Street between the north and south banks of the River Tyne; “tidal work” means so much of any works within the port that are on, under or over tidal waters or land below the level of high water; “Trinity House” means the Corporation of Trinity House of Deptford Strond; “vehicle” includes any vehicle propelled on rails, any machinery on wheels or caterpillar tracks, trailers, caravans, bicycles, and mobile homes and includes a hovercraft or any other amphibious vehicle; “vessel” includes a ship, boat, houseboat, raft or craft of any description, however propelled or moved, and includes non-displacement craft, watercraft, a hydrofoil vessel, or an amphibious vehicle and any other thing constructed or adapted for floating on or being submersed in water (whether permanently or temporarily); “watercraft” means any type of craft which— is capable of moving under its own mechanical power; is used, navigated or situated wholly or partially in or on water; and is capable of being used to carry one or more persons, but does not include a ship or fishing vessel within the meanings given in section 313(1) of the 1995 Act; “wet port area” means those parts of the port which are covered by water at the level of low water. (2) All situations, points, directions, distances, lengths, dimensions, areas and other measurements stated in this Order are to be construed as if the words “or thereabouts” were inserted after each such situation, point, direction, distance, length, dimension, area or other measurement. (3) In this Order, latitude and longitude are stated by reference to the World Geodetic System (WGS84), revised in 1984 and further revised in 2004.