40 Powers to grant tenancies and to dispose of land
(1) The Authority may, for the purposes of or in connection with the carrying on of the port undertaking, lease or grant the use or occupation of, or any right or interest in or over, any lands, works, buildings, machinery, equipment or other property forming part of the port for such period, at such rents and other considerations and on such terms and conditions as it thinks fit.
(2) A lease or grant made or given under paragraph (1) may include provisions delegating to the lessee or grantee any of the port functions of the Authority, other than the functions set out in sub-paragraphs (a) to (f) of paragraph 9B of Schedule 2 to the 1964 Act.
(3) The Authority may, for such consideration and on such terms and conditions as it thinks fit, dispose of, or grant the use or occupation for any purpose of, any lands, works, buildings, machinery, equipment or other property vested in it if it considers that—
(a) the property is surplus to that which is required for the purposes of the port undertaking; or
(b) it would be conducive to the improvement, maintenance, operation or management of the port undertaking in an efficient and economical manner for the property to be held by a person other than the Authority.
41 Power to appropriate lands and works for particular uses, etc.
(1) Notwithstanding any statutory provision of local application, the Authority may for the purpose of or in connection with the carrying on of the port undertaking set apart and appropriate any part of the port vested in, occupied or administered by the Authority as part of the port undertaking 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 Authority may think fit.
(2) No person or vessel is permitted to make any use of any part of the port so set apart or appropriated without the consent of the harbour master or other duly authorised officer of the Authority and—
(a) the harbour master or other duly authorised officer of the Authority may order any person or vessel making use of that part of the port without such consent to leave or be removed; and
(b) the provisions of section 58 of the 1847 Act (harbour master may remove vessels within docks, &c.), as incorporated with this Order, extend and apply in relation to such vessels subject to—
(i) the words “harbour, dock, or pier, or within the prescribed limits, if any” being construed as an area set apart or appropriated by the Authority under paragraph (1),
(ii) the words “directions of the harbour master” being construed as including an order given under sub-paragraph (a).
(1) The Authority may, in addition to any other powers conferred on the Authority and provided that it is conducive to the improvement, maintenance, operation or management of the port undertaking in an efficient and economical manner—
(a) carry on at any place a trade or business of any kind including a trade or business carried on in conjunction with another person;
(b) form, invest in and promote, or join with another person in forming, investing in and promoting, a company for either or both of the following—
(i) subject to article 43 (power to delegate functions), carrying on any part of the port undertaking, or
(ii) carrying on at any place a trade or business of any kind.
(2) Except as is otherwise provided by any enactment, the powers of a company referred to in paragraph (1)(b) may include powers to do anything necessary or expedient for the purposes of the objects mentioned in that paragraph or for purposes incidental to those purposes, notwithstanding that the Authority would not itself have the power to do that thing.
The Authority may delegate the performance of any of its port functions, other than the functions set out in sub-paragraphs (a) to (f) of paragraph 9B of Schedule 2 to the 1964 Act, to any company referred to in article 42(1)(b).
(1) The Authority may provide, place, lay down, maintain, retain, renew, use, have and remove such moorings in the port as it considers necessary or desirable for the convenience of vessels—
(a) on land owned or leased by it; or
(b) with the consent in writing of the owner and any lessee, on any other land in the port.
(2) The Authority may make reasonable charges in respect of any vessel using any moorings provided under this article.
(3) In this article and articles 45 (licensing of moorings) and 46 (offences as to moorings etc.), “mooring” includes any buoy, pile, post, chain, pillar, pontoon or like apparatus or convenience used or capable of being used for the mooring of vessels.
(1) The Authority may grant a licence to any person to place, lay down, maintain, retain, renew and use moorings for vessels in the port.
(2) A licence—
(a) may be granted for such a period and on such terms and conditions as the Authority thinks fit;
(b) may relate to one mooring, or to several moorings.
(3) The Authority may make reasonable charges for the grant of a licence under this article.
(4) In respect of moorings already lawfully laid down in the port at the date this Order comes into force, a licence under paragraph (1) must be applied for by the owner or user of the mooring within 12 weeks of that date.
(1) A person commits an offence if they—
(a) intentionally obstruct any person acting under the authority of the Authority in setting out moorings in the port;
(b) intentionally and without lawful authority pull up or remove any mooring or any part of any mooring in the port;
(c) place, lay down, maintain or renew in the port any mooring not provided under article 44 (power to lay moorings) or licensed under article 45 (licensing of moorings);
(d) without reasonable excuse have in the port any mooring not provided under article 44 (power to lay moorings) or licensed under article 45 (licensing of moorings); or
(e) without reasonable excuse cause or permit a vessel to be moored within the port at a mooring, except a mooring provided under article 44 or licensed under article 45, which the person or vessel concerned is entitled to use.
(2) Any person who commits an offence under paragraph (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(3) If any person commits an offence under paragraph (1)(c) or (d), the Authority may remove the mooring in question and recover from that person the expenses incurred in doing so as a debt.
(4) Subject to paragraph (7), if any person commits an offence under paragraph (1)(e), the Authority may—
(a) remove the vessel, including any tackle with the vessel;
(b) sell or otherwise dispose of the vessel and tackle; and
(c) recover out of the proceeds of sale—
(i) any unpaid charge payable under article 44,
(ii) any unpaid licence fee payable under article 45, and
(iii) the expenses of removal and disposal under this paragraph.
(5) If the proceeds of sale under paragraph (4)(b) are sufficient to allow the Authority to recover all amounts permitted by paragraph (4)(c), the Authority must hold any surplus proceeds of sale on trust for the owner of the vessel.
(6) If the proceeds of sale under paragraph (4)(b) are insufficient to allow the Authority to recover all amounts permitted by paragraph (4)(c), or there is no sale of the vessel, the Authority may recover the amounts referred to in paragraph (4)(c) net of any proceeds of sale from the owner of the vessel as a debt.
(7) The Authority must not exercise its power to remove a vessel under paragraph (4) unless—
(a) it has served on the owner of the vessel seven clear days’ notice in writing of its intention to do so; or
(b) it is an emergency.
(8) Where paragraph (7)(b) applies, the Authority must notify the owner of the vessel that it has removed the vessel as soon as reasonably practicable afterwards.
(1) The Authority may grant to a person with or without conditions a licence to carry out commercial refuelling activities in the port.
(2) Nothing in any licence granted under paragraph (1) entitles a person to carry out commercial refuelling activities from or on land not owned or leased by that person or by the Authority without the consent of the owner of the land.
(3) Any licence granted under paragraph (1) is valid for a period of one year commencing with the date on which it is granted.
(4) The Authority may charge for a licence granted under paragraph (1) such reasonable fee as the Authority may prescribe.
(5) Any person who without reasonable excuse carries out or permits a commercial refuelling activity in the port, except in accordance with a licence issued by the Authority under this article, is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(1) In addition to its powers under section 201 of the 1995 Act, but subject to holding any necessary rights in or over land, the Authority may erect, place, alter, discontinue or remove any aid to navigation in any place adjacent to the port.
(2) The Authority must not exercise the powers of paragraph (1) without the approval of Trinity House.
(1) The Authority may, as appears to it to be necessary or desirable for the purposes of the port undertaking, deepen, widen, dredge, scour, cleanse, alter and improve the port below the level of high water.
(2) Subject to paragraph (3), all materials dredged up or removed by the Authority in exercise of the powers of this article are deemed to be the property of the Authority and may be used, sold, deposited or otherwise disposed of as the Authority may think fit.
(3) Materials dredged up or removed by the Authority in the exercise of the powers of this article must not be laid down or deposited in contravention of the provisions of any enactment relating to the disposal of waste.
(1) The Authority may serve a notice on the owner, lessee or occupier of a relevant feature requiring them to remedy its condition to the Authority’s reasonable satisfaction within a reasonable time, not being less than 21 days, specified in the notice where, in the opinion of the Authority, the relevant feature is, or is likely to become, by reason of its insecure condition or want of repair—
(a) dangerous to persons or vessels using the port; or
(b) a hindrance to the navigation of the port.
(2) A notice under paragraph (1) must specify—
(a) sufficient detail to identify the relevant feature;
(b) the reason why the Authority considers that the relevant feature requires its condition to be remedied in accordance with paragraph (1);
(c) that the owner, lessee or occupier is required to remedy the condition of the relevant feature, which may include specific works; and
(d) the time within which the requirements of the notice must be complied with.
(3) If a person served with a notice under paragraph (1) fails without reasonable excuse to comply with the requirements of the notice within the time stated in the notice, or such other time as the Secretary of State on an appeal may substitute—
(a) that person is liable on summary conviction to a fine not exceeding level 3 on the standard scale; and
(b) the Authority may carry out the work required by the notice and may recover the reasonable expenses of doing so from the person on whom the notice was served.
(4) A notice under paragraph (1) must have annexed to it a copy of this article.
(5) A person served with a notice under paragraph (1) may appeal against the notice to the Secretary of State within a period of 21 days beginning with the date on which the notice was served.
(6) An appeal under paragraph (5) must be made by notice in writing to the Secretary of State stating the grounds of the appeal and include a statement of appeal in support of those grounds.
(7) A person who submits an appeal under paragraph (5) must serve on the Authority copies of the notice of the appeal and the statement of appeal within 7 days of submission, and the Authority may, within 21 days of receipt of the notice, submit observations regarding the appeal to the Secretary of State and must supply copies of the same to the appellant.
(8) On an appeal under paragraph (5), the Secretary of State must either quash the notice served under paragraph (1), modify its requirements or dismiss the appeal.
(9) In this article—
(a) “owner”, “lessee” and “occupier” means the person who was the “owner”, “lessee” or “occupier” of the relevant feature at the date the notice is served, or if the “owner”, “lessee” or “occupier” of the relevant feature is not readily identifiable, the “owner”, “lessee” or “occupier” of the land on which the relevant feature is situated at the date the notice is served;
(b) “relevant feature” means any landing place, jetty, wall, pontoon, pile, embankment, bridge, structure, groyne, aid to navigation or other work in the port or on land immediately adjoining the land below the level of high water in the port, other than one under the control or management of the Authority.
(1) Subject to paragraph (4), no person other than the Authority may on, under, in or over tidal waters or land below the level of high water in the port—
(a) construct, maintain, alter, renew or extend any works, except in accordance with a works licence granted under article 53 (licensing of works);
(b) dredge, except in accordance with a dredging licence granted under article 54 (licensing of dredging).
(2) The Authority may serve a notice on any person who contravenes this article to remove, abate, or rectify, within a reasonable time specified in the notice, any work, operation or omission to which the contravention relates and to restore the site to its former condition.
(3) If a person served with a notice under paragraph (2) fails to comply with the requirements of the notice, the Authority may carry out the works so required and may recover the costs incurred from that person.
(4) Nothing in this article applies to any operations or works—
(a) specifically authorised by any enactment;
(b) of a statutory undertaker;
(c) authorised by a moorings licence granted under article 45 (licensing of moorings).
(5) Any person who without reasonable excuse contravenes this article is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
52 Control of certain operations and works of statutory undertakers
(1) This article applies to any operations or works in the port of a statutory undertaker on, under, in or over tidal waters or land below the level of high water, not being operations or works which are specifically authorised by an enactment.
(2) Subject to paragraph (3), a statutory undertaker must not carry out any operations or works to which this article applies unless it has given notice of its intention to do so to the Authority and has supplied the Authority with such particulars as it may reasonably require.
(3) Where, in an emergency, it is impracticable to give notice as required by paragraph (2), the statutory undertaker must inform the Authority of the operations or works as soon as reasonably practicable.
(4) Any operations or works to which this article applies must be carried out subject to any directions which may be given by the Authority to the statutory undertaker, being directions for the avoidance of danger and the prevention, so far as possible, of interference with navigation in the carrying out of such operations or works.
(5) Any person who, without reasonable excuse, contravenes this article is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(1) The Authority may upon such terms and conditions as it thinks fit grant to any person a licence to construct, maintain, alter, renew or extend any works in the port on, under, in or over tidal waters or land below the level of high water, notwithstanding that the works as constructed, maintained, altered, renewed, or extended interfere with the public right of navigation or any other public right.
(2) The Authority may include provisions within any works licence detailing the terms and conditions under which the licence may be transferred.
(3) An application for a works licence must be made in writing to the Authority and must—
(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 or over land as are necessary to enable the applicant to enjoy the benefits of the licence and, if not, the action taken to enable the applicant to obtain such rights if the licence is granted.
(4) The Authority may require modifications in the plans, sections and particulars submitted under paragraph (3) before granting a licence under this article.
(5) The Authority may require an applicant for a works licence to pay a reasonable fee in respect of the Authority’s administrative expenses of dealing with the application.
(6) As a condition of the granting of a licence, the Authority may require the holder of the licence, being an applicant to whom a licence has been granted or the applicant’s successor, where works are to be carried out in accordance with the licence, to pay such reasonable fees in respect of the Authority’s administrative expenses and overheads in supervising or inspecting where necessary the carrying out or maintenance of the works.
(7) Where the Authority refuses to grant a works licence under this article, it must give reasons in writing for its refusal.
(8) Where the Authority grants a works licence upon terms and conditions or requires any modification in the plans, sections and particulars, it must give reasons in writing for the terms and conditions imposed or the modifications required.
(9) Except as otherwise agreed with the applicant, if within 16 weeks from the receipt of the application under paragraph (3) the Authority does not grant a works licence, the application is deemed to have been refused.
(10) When carrying out operations pursuant to a works licence, the holder of the licence must not without the consent of the statutory undertaker concerned—
(a) interfere with, damage or otherwise injuriously affect any apparatus belonging to or maintained by any statutory undertaker; or
(b) do anything which obstructs or impedes any work relating to the inspection or repair of any such apparatus.
(1) The Authority may, upon such terms and conditions as it thinks fit, grant to any person a licence to dredge in any part of the port.
(2) An application for a dredging licence must be made in writing to the Authority and must 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.
(3) The Authority may require modifications in the plans, sections and particulars submitted under paragraph (2) before granting a licence under this article.
(4) Paragraphs (5) to (10) of article 53 (licensing of works) apply in relation to a dredging licence as they apply in relation to a works licence.
(5) Any materials, other than wreck within the meaning of Part 9 of the 1995 Act (salvage and wreck), taken up or collected by means of dredging pursuant to a dredging licence—
(a) are deemed the property of the holder of the licence; and
(b) the holder of the licence may use, sell or otherwise dispose of, remove or deposit the materials as they think fit provided that any such material must not be laid down or deposited in any place within the port below the level of high water except in accordance with the terms and conditions of a dredging licence granted under this article.
55 Appeals in respect of works or dredging licences
(1) An applicant for a works licence under article 53 or a dredging licence under article 54 may appeal to the Secretary of State within 28 days from the date on which the Authority notifies the applicant of its decision or the date of deemed refusal under article 53(9) in relation to—
(a) a refusal of the Authority to grant a licence;
(b) any terms and conditions subject to which the licence is granted;
(c) any modifications required by the Authority in the plans, sections and particulars submitted by the applicant.
(2) An appeal under paragraph (1) must be made by notice in writing to the Secretary of State stating the grounds of the appeal and include a statement of appeal in support of those grounds.
(3) A person who submits an appeal under paragraph (1) must serve on the Authority copies of the notice of the appeal and the statement of appeal within 7 days of submission, and the Authority may, within 28 days of the receipt of the notice, submit any observations regarding the appeal to the Secretary of State and must supply copies of the same to the appellant.
(4) The Secretary of State may confirm, vary or revoke the decision appealed against and may make such consequential amendments as the Secretary of State may specify.
(5) The Secretary of State may direct the Authority to give effect to the decision, and the Authority must forthwith comply with any direction given.
Any person who intentionally obstructs any person acting under the authority of the Authority in setting out the lines of, or in the construction of any works authorised by any enactment, or who interferes with, moves or removes any pole, stake, station point or benchmark established for the purposes of such setting out, is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
The Authority may provide facilities within the port for the parking of vehicles and for that purpose may erect barricades or fencing with related offices, waiting rooms and other conveniences and may make reasonable charges for the use of such facilities.
(1) In its application to the Authority, section 252 of the 1995 Act (powers of harbour and conservancy authorities in relation to wrecks) has effect in relation to the port and the approaches to the port in relation to a vessel sunk, stranded or abandoned before, on or after, the coming into force of this Order.
(2) Subject to paragraph (3), and to any enactment in force limiting a person’s liability, the Authority may recover from the owner of any vessel sunk, stranded or abandoned before, on or after the coming into force of this Order in relation to which it has exercised its powers under section 252 of the 1995 Act any expenses reasonably incurred by it under that section in relation to that vessel which are not reimbursed out of any proceeds of sale within the meaning of that section.
(3) Except in a case which is in the opinion of the Authority an emergency, paragraph (2) applies in relation to any vessel only if, before exercising the powers conferred on it by section 252 of the 1995 Act in relation to that vessel, other than the power of lighting and buoying, the Authority has served on the owner of the vessel not less than 48 hours’ notice of its intention to do so.
(4) If, before the expiry of a notice served under paragraph (3), the Authority receives a counter-notice in writing from the owner of the vessel stating they will dispose of the vessel themselves, the owner is at liberty to do so.
(5) If a counter-notice is received in accordance with paragraph (4), the Authority must not exercise the powers in section 252 of the 1995 Act in relation to that vessel until the expiration of seven days from the receipt of the counter-notice and of any further continuous period thereafter during which the owner of the vessel proceeds with the disposal with all reasonable diligence and in compliance with any reasonable directions which may be given to the owner by the Authority or the harbour master.
(6) A notice under paragraph (3) must be served by—
(a) delivering it to the owner;
(b) sending it to the owner by first class post at their registered office, last known place of business or home address in the United Kingdom; or
(c) displaying the notice at the port office and electronically on the port website for the period of its duration, if the owner or any such registered office, place of business or home address is not known to the Authority, or is not in the United Kingdom.
(7) In this article, “owner” means the person who was the owner of the vessel at the time of the sinking, stranding or abandonment.
(8) The powers conferred on the Authority by this article are in addition to any other powers exercisable by it for or with respect to the removal of wrecks within the port and its approaches.
(1) In addition to the powers conferred on the harbour master by section 57 of the 1847 Act (unserviceable vessels to be altogether removed from harbour) and on the Authority by section 252 the 1995 Act (powers of harbour and conservancy authorities in relation to wrecks), the Authority may sell, break up or otherwise dispose of any vessel which is unserviceable and has been laid by or neglected in the port or immediately adjoining the port.
(2) The Authority may retain out of the proceeds of sale of such vessel any expenses incurred by it in respect of the vessel, or in marking, buoying, lighting or otherwise controlling the vessel, or warning other persons or vessels of its presence, and any reasonable expenses incurred by the harbour master under section 57 of the 1847 Act, and must pay any surplus to the person entitled to that surplus.
(3) If the proceeds of the sale are insufficient to reimburse the Authority for the expenses listed in paragraph (2), or there is no sale, the Authority may recover, as a debt, from the owner—
(a) the deficiency; or
(b) where there is no sale, the whole of the expenses.
(4) Except in the case of emergency, the Authority must, before exercising its powers under this article, give 14 days’ notice in writing of its intention to do so.
(5) A notice under paragraph (4) must be served in the same manner set out in paragraph (6) of article 58 (power with respect to disposal of wrecks).
(1) The Authority may remove anything, other than a vessel, causing or likely to become, an obstruction to or interference with navigation in any part of the port or any approach to the port.
(2) The Authority may take such steps as appear to it to be appropriate to prevent or minimise such obstruction or interference for the purposes of paragraph (1).
(3) If anything removed by the Authority under paragraph (1) is marked as to be readily identifiable as the property of any person, the Authority must, within 28 days of its coming into the Authority’s custody, give notice in writing to that person stating that possession may be retaken at a place stated in the notice within the period specified in the notice, being not less than 14 days after the notice is served, provided—
(a) proof of ownership is produced to the reasonable satisfaction of the Authority; and
(b) payment has been made in respect of any reasonable expenses incurred by the Authority under this article.
(4) Anything removed under paragraph (1) is deemed to vest in the Authority if—
(a) possession of it is not retaken by the owner by the end of that period specified in the notice under paragraph (3); or
(b) paragraph (5) applies.
(5) Notwithstanding the provisions of paragraph (3) the Authority may, at such time and in such manner as it thinks fit, dispose of anything removed under paragraph (1)—
(a) which is not marked as to be readily identifiable as the property of any person; or
(b) which is of a perishable nature or the custody of which involves unreasonable expense or inconvenience.
(6) If anything disposed of by the Authority under this article is sold, the Authority must place a notice at the port office and on the port website for a period of 28 days giving details of the thing sold, and may retain out of the proceeds of sale any reasonable expenses incurred by it under this article (including in relation to storage), and any surplus from the proceeds—
(a) must be paid to any person who within 24 months from the time when the thing came into the custody of the Authority proves to the reasonable satisfaction of the Authority that they were the owner at that time; or
(b) if no person proves their ownership in accordance with sub-paragraph (a), at the end of the 24 month period, is deemed to vest in the Authority.
(7) If the proceeds of sale of anything removed under this article are insufficient to reimburse the Authority for the expenses set out in paragraph (6), or there is no sale because the thing is unsaleable, the Authority may recover, as a debt, from the person who was the owner at the time when the thing removed came into the custody of the Authority, or who was the owner at the time of its abandonment or loss—
(a) the deficiency; or
(b) where there is no sale, the whole of the expenses.
(1) In the case of injury to, or destruction or decay of, a tidal work or any part of it which presents a danger to navigation, the Authority must as soon as reasonably practicable notify Trinity House and the UK Hydrographic Office.
(2) A tidal work consisting of a wharf, or any part of it, forming part of the port undertaking is deemed to be within the area of North Tyneside Council or South Tyneside Council (as appropriate) to the extent that it is not already within a local planning authority area.
(3) In paragraph (2), “wharf” does not include pontoons.
62 Power of the Authority to prosecute or defend legal proceedings
In addition to any other powers conferred on the Authority, where the Authority considers it conducive to the improvement, maintenance, operation, management or protection of the port undertaking, it may—
(a) prosecute, defend or appear in any legal proceedings and, in the case of civil proceedings, may institute them;
(b) make representations in respect of the port undertaking at any public inquiry held under any enactment.
(1) Except where this Order expressly provides otherwise—
(a) a notice or other document required or authorised to be served for the purposes of this Order must be in writing and must be served by first class post;
(b) any direction may be given in any manner considered by the Authority or the harbour master to be appropriate.
(2) Where the person on whom a notice or other document is to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.
(3) Where a person on whom a notice or other document is to be served has agreed in writing that service may be by email, or other electronic means, the Authority may provide notices by that means until such time as the person informs it in writing that they are no longer willing to receive notices or documents by email or by such other electronic means.
(4) For the purposes of section 7 of the Interpretation Act 1978 (references to service by post) as it applies for the purposes of this article, the proper address of a person in relation to the service on them of a notice or document under paragraph (1) is, if they have given an address for service, that address, and otherwise—
(a) in the case of the secretary or clerk of a body corporate, the registered or principal office of that body;
(b) in any other case, their last known address at the time of service.
(5) Where for the purposes of this Order a notice or other document is required or authorised to be served on a person whose name and address cannot be ascertained after reasonable inquiry—
(a) in the case of a notice or document to be served on a person as having an interest in, or as the occupier of, any land, it may be served by—
(i) addressing it to them by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it), and
(ii) either leaving it in the hands of a person who is, or appears to be, resident or employed on the land, or leaving it conspicuously affixed to some building or object on or near the land;
(b) in the case of a notice or document relating to a vessel (including a wreck), it may be served by—
(i) exhibiting it in a conspicuous position on or near the vessel, unless it would not be reasonably practicable to exhibit the notice or document in this manner, or if the notice or document would not be likely to be seen if it were so exhibited, or
(ii) handing it to a member of the crew on or near the vessel; and
(c) in the case of any other notice or document or a notice or document that is not capable of being served in accordance with sub-paragraph (b), it may be served by displaying it at the port office and electronically on the port website for the period of its duration.
(1) Nothing in this Order—
(a) prejudicially affects any estate, right, power, privilege, authority or exemption of the Crown;
(b) authorises the Authority or any licensee to take, use, enter upon or in any manner interfere with any land or interests in land 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) belonging to—
(i) His Majesty in right of the Crown and under the management of the Crown Estate Commissioners, without the prior consent in writing of the Crown Estate Commissioners,
(ii) a government department or held in trust for His Majesty for the purposes of a government department without the consent in writing of that government department.
(2) A consent under paragraph (1)(b) may be given unconditionally or subject to such conditions and upon such terms as may be considered necessary or appropriate.
(1) The 1862 Act is amended as follows.
(2) In section 4 (limits of Act), omit from “, under the Tyne Improvement Acts” to “respectively,”.
(3) In section 32 (company to remove or alter gears and platforms, upon request of Commissioners), omit “, under the Authority of this Act,”.
(1) The 1886 Act is amended as follows.
(2) In section 9 (amendment of provisions of Tyne Improvement Acts 1865 and 1877 respecting swing bridge)—
(a) for “The provisions of the Tyne Improvement Act 1865 and of the Tyne Improvement Act 1877 which relate” substitute “This provision applies in relation”;
(b) omit “shall be varied and amended”;
(c) in paragraph (ii), omit—
(i) “The minimum sum which”,
(ii) “as”,
(iii) “either way”,
(iv) “shall be five shillings”;
(d) in paragraph (iii)—
(i) omit “special”,
(ii) for “hours” substitute “weeks”,
(iii) for “bridge-master” substitute “harbour master”.
(3) In construing the provisions of the 1886 Act, the words “harbour master” and “vessel” have the same meanings as in article 2(1) of this Order.
(1) The 1897 Act is amended as follows.
(2) In section 46 (admission of public to piers), omit from “Provided that this section” to the end of the section.
(1) The 1925 Act is amended as follows.
(2) In section 17 (power to license foyboatmen)—
(a) in subsection (2), omit from “not exceeding” to the end of the subsection;
(b) in subsection (3), for “liable to a penalty not exceeding forty shillings” substitute “guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.”.
(3) In construing the provisions of the 1925 Act—
(a) the words “port” and “vessel” have the same meanings as in article 2(1) of this Order;
(b) “harbour premises” has the same meaning as “port premises” as defined in article 2(1) of this Order.
(1) The 1934 Act is amended as follows.
(2) In section 74 (provisions as to foyboatmen), for “liable on conviction in respect of each offence to a fine not exceeding forty shillings” substitute “guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale”.
(1) The 1957 Act is amended as follows.
(2) In section 7 (certain works to form part of undertaking), omit “authorised by the Tyne Improvement Acts 1850 to 1957”.
(3) In section 12 (power to deviate)—
(a) for “:” substitute “.”;
(b) omit from “Provided that no deviation” to the end of the section.
(1) The 1967 Scheme is amended as follows.
(2) In article 2(1) (interpretation)—
(a) for the definition of “the Port” substitute—
“the Port” has the same meaning as “the port” defined in article 2(1) of the Port of Tyne Harbour Revision Order 2026;
;
(b) for the definition of “vessel” substitute the definition of “vessel” in article 2(1) of this Order;
(c) for the definition of “the dock estate” substitute—
“port premises” has the same meaning as defined in article 2(1) of the Port of Tyne Harbour Revision Order 2026;
;
(d) omit the definition of “dangerous goods”.
(3) In article 43(1), for “to a fine not exceeding level 1 on the standard scale” substitute “on summary conviction to a fine not exceeding level 3 on the standard scale”.
(4) In article 75 (general byelaws)—
(a) for “premises of the Authority” substitute “port premises” in each place it occurs;
(b) after sub-paragraph (q), insert—
(qa) Prohibiting the entry or regulating the entry, carriage, handling or storage of dangerous goods within the meaning given under regulation 3 of the Dangerous Goods in Harbour Areas Regulations 2016 (meaning of “dangerous goods”).
.
(5) For article 78 (confirmation of byelaws and fines thereunder), substitute—
(1) The provisions contained in subsections (3) to (8) of section 236 (procedure etc., for byelaws) of the Local Government Act 1972 and section 238 of that Act (evidence of byelaws) apply to all byelaws made after the coming into force of the Port of Tyne Harbour Revision Order 2026 by the Authority under this Scheme or section 83 of the Harbour Clauses Act 1847 (byelaws may be made for all or any of the purposes herein named).
(2) In its application to byelaws made under this Scheme or section 83 of the Harbour Clauses Act 1847, section 236 of the Local Government Act 1972 Act has effect, subject to paragraph (3), as if after the word “confirm” in section 236(7), in the first 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 the confirming authority to be substantial, then the confirming authority must—
(a) inform the Authority and require it to take any steps the confirming authority thinks necessary for informing persons likely to be concerned with that modification;
(b) not confirm the byelaws until there has elapsed such period as the confirming authority thinks reasonable for the Authority and other persons who have been informed of the proposed modifications to consider and comment on it.
(4) The confirming authority for the purposes of this article and of section 236 of the Local Government Act 1972, in its application to byelaws made under this Scheme or section 83 of the Harbour Clauses Act 1847, is the Secretary of State.
(5) Byelaws made under articles 75 (general byelaws) or 76 (byelaws as to lights and signals etc.) of this Scheme may provide for imposing upon a person offending against them, or against any condition, requirement or direction imposed, made or given thereunder, a fine not exceeding level 4 on the standard scale on summary conviction.
.
(6) Subject to paragraph (2)(c) of this article, in each place it occurs, for “dock estate” substitute “port premises”.
(1) The 1989 Act is amended as follows.
(2) In section 2 (interpretation) in the appropriate place in alphabetical order insert the definition of “vessel” in article 2(1) of this Order.
The enactments mentioned in the first and second columns of Schedule 4 are revoked or repealed (as appropriate) to the extent specified in the third column of that Schedule.
Article 8
PORT OF TYNE AUTHORITY
PORT OF TYNE ACTS, SCHEME AND ORDER 1886 TO 2026
I, [FULL NAME] do solemnly declare: (1) that I will faithfully and impartially, according to the best of my skill and judgement, execute all the powers and authorities vested in me as a member by virtue of the Port of Tyne Acts, Scheme and Order 1886 to 2026; (2) that I will comply with the requirements as to disclosure of such interests, laid down by paragraph 14 of Schedule 2 to the Port of Tyne Harbour Revision Order 2026, and in particular that: (a) I have disclosed to the Chief Executive details of every financial and other interest falling within the scope of said paragraph 14; (b) I will in future notify the Chief Executive as soon as reasonably practicable of any alteration in those interests, or any new interest such as mentioned in said paragraph 14, which I may acquire. Made and signed at the Port of Tyne on the …………………………………………………..day of……………………………………….. signature:………………………………………………… Witnessed ………………………………………………………….. signature:……………………………………………….. as a member.
Note: Where the declaration is to be made by the Chief Executive, the references to the Chief Executive above are to be read as references to the chair.
Schedule 2 INCIDENTAL PROVISIONS RELATING TO THE AUTHORITY
Article 12
Appointment of chair and vice-chair of the Authority
1 Subject to article 6(1)(a), a chair of the Authority must be appointed by the Secretary of State in accordance with article 5(1)(a).
2 Subject to article 6(1)(b), a vice-chair of the Authority must be appointed by those members of the Authority who are appointed under articles 5(1)(a) or (b) or 9 (casual vacancies) from amongst their number, but the chair cannot be appointed as vice-chair.
3 Subject to paragraph 5, every vice-chair appointed under paragraph 2, unless they resign their office as vice-chair or cease to be a member, holds office for a period of three years.
4 If the Secretary of State is satisfied that the chair should cease to hold their office, the Secretary of State may terminate that person’s office.
5 If those members of the Authority who are appointed under articles 5(1)(a) or (b) or 9 (casual vacancies) are satisfied that the vice-chair should cease to hold their office as vice-chair, they may terminate that person’s office as such.
6 (1) On a casual vacancy occurring in the office of chair of the Authority, the vacancy must be filled in accordance with article 9 (casual vacancies) as soon as reasonably practicable after the vacancy occurs.
(2) On a casual vacancy occurring in the office of vice-chair of the Authority, the vacancy must be filled by those members of the Authority who are appointed under articles 5(1)(a) or (b) or 9 (casual vacancies) at a meeting held as soon as reasonably practicable after the vacancy occurs.
(3) A member appointed under this paragraph to fill a casual vacancy in the office of vice-chair holds that office during the remainder of the term for which the vice-chair whom they replace was appointed, unless that person resigns that office or ceases to be a member.
Meetings of the Authority
7 (1) The first meeting of the Authority must be convened by the Chief Executive within two months from the date this Order comes into force, and the Chief Executive must make arrangements for notice of that meeting to be sent by post or email to each of the other members.
(2) The Authority must meet at least six times a year.
Vacation of office by members
8 (1) A member, other than the Chief Executive, may resign their office at any time by notice in writing given to the chair of the Authority or, if that member is the chair, the vice-chair of the Authority.
(2) The term of office of a member appointed under article 5(1)(d) who resigns under sub-paragraph (1) is deemed to end.
Reappointment of members
9 (1) Subject to article 10 (removal of members) and the provisions of this Schedule, a vacating appointed member is eligible for reappointment as a member.
(2) A vacating appointed member is not eligible for reappointment as a member where, immediately before the date in question, that person has held office for two consecutive terms unless they—
(a) are the chair of the Authority; or
(b) have been reappointed following public advertisement of the role and a competitive appointment process.
(3) A vacating appointed member, other than the chair, is not eligible for reappointment as a member where, immediately before the date in question, that person has held office as a member for three consecutive terms.
(4) Subject to paragraph 10(1), a vacating appointed member who is the chair immediately before the end of their third consecutive term as a member, is eligible for reappointment as a member for a fourth consecutive term.
(5) For the purposes of this paragraph “term” does not include the remainder of a term during which the member was appointed to fill a casual vacancy under article 9 (casual vacancies) or paragraph 6 of this Schedule.
(6) In this paragraph, “vacating appointed member” means a member appointed under article 5(1)(a) or (b) who has reached the end of their term as a member.
Reappointment of chair
10 (1) A chair of the Authority is not eligible for reappointment as the chair where, immediately before the date in question, that person has served as chair for three consecutive terms.
(2) For the purposes of this paragraph, “term” does not include the remainder of a term during which the member was appointed to fill a casual vacancy in the office of chair under article 9 (casual vacancies) or paragraph 6 of this Schedule.
Committees
11 The Authority may, consistently with its duties and subject to such conditions as it thinks fit, delegate any of its port functions, other than the functions set out in sub-paragraphs (a) to (f) of paragraph 9B of Schedule 2 to the 1964 Act, to a committee of the Authority.
Proceedings of the members and committees
12 The acts and proceedings of the Authority, or of any committee of the Authority, are not invalidated by any vacancy in their number or by any defects in the declaration, appointment, or the qualification for appointment, of any person as a member, or as chair or vice-chair, of the Authority or committee.
13 The quorum required for a meeting—
(a) of the Authority, is five;
(b) of any committee of the Authority, is to be decided by the Authority in respect of each committee.
14 (1) A member must declare any interest, direct or indirect, held—
(a) in any contract or proposed contract to which the Authority is or would be a party or where a member is a director of a company or member of a body with which the contract or proposed contract is made or proposed to be made;
(b) in any other matter with which the members are concerned.
(2) If a member is present at a meeting of the Authority or of any committee of the Authority at which a contract or other matter in which that person has an interest is to be considered that person must—
(a) as soon as is practicable after the commencement of that meeting disclose their interest;
(b) not vote on any question with respect to that contract or matter; and
(c) withdraw from the meeting—
(i) at any time if the members present by resolution require that person to do so, and
(ii) while a decision on that contract or matter is being made.
(3) This paragraph does not apply to any interest—
(a) which a member has in respect of the payment to the Authority of ship, passenger and goods dues;
(b) which arises in respect of the provision of services or facilities as part of the port undertaking affecting the trading community in general;
(c) which a member has as an employee of a public utility undertaking or as a shareholder, not being a director of a company, unless that person possesses more than five per cent of the issued share capital of that company; or
(d) which the members present at the meeting by resolution declare to be too remote.
15 The person holding office as vice-chair has and may exercise all the functions of the chair in the absence or incapacity of the chair.
16 If at any meeting of the Authority neither the chair nor the vice-chair are present the members present at the meeting must choose one of their number to be the chair of the meeting.
17 (1) Every decision at a meeting of the Authority or of a committee of the Authority must be decided by a majority vote of the members present and voting.
(2) If at any meeting of the Authority or of a committee of the Authority there is an equality of votes on any decision the chair of the meeting is to have a second vote which the chair may exercise for or against the status quo.
Authentication of deeds and other documents
18 (1) Except where expressly required otherwise under any enactment, the application of the common seal of the Authority is only required in respect of a document executed as a deed and must be authenticated by the signature of the chair of the Authority or some other member authorised by the Authority to authenticate the application of the common seal, and of the Chief Executive or some person authorised by the Authority to act in the Chief Executive’s place for that purpose.
(2) The Authority may authorise a person to act instead of the Chief Executive or the chair under this paragraph whether or not the Chief Executive or the chair is absent or incapable of acting.
(3) Any other document given or issued by the Authority is, unless the contrary intention is expressed, sufficiently authorised if signed by the Chief Executive, the chair of the Authority, or a duly authorised officer of the Authority.
(4) The Authority may execute documents, including deeds, electronically.
Remuneration of members
19 The Authority may pay each of the members such salary, allowances and expenses as the Authority determines.
General
20 Subject to the provisions of this Schedule, the procedure and business of the Authority and of any committee of the Authority is to be regulated in such manner as the Authority may determine.
21 The Authority must appoint a Chief Executive and may appoint such other persons as it thinks necessary or desirable for and incidental to the performance of its port functions and pay to them such remuneration as the Authority thinks fit.
Article 13
The Port of Tyne
The limits of the port comprise—
(a) the area below the level of high water—
(i) bounded on the seaward side of the port by imaginary lines commencing at—
(aa) the North Pier Head at point A (55°00′51.97″N, 001°24′10.04″W), then proceeding in a straight line in a north-north westerly direction to a radius of 1 mile at point B (55°01′51.09″N, 001°24′27.24″W), then following the line of the arc of the 1 mile radius centred at point A (55°00′51.97″N, 001°24′10.04″W) in an overall south easterly direction to the radius intersection at point C (55°01′04.76″N, 001°22′28.17″W); and
(bb) the South Pier Head at point E (55°00′40.81″N, 001°24′03.73″W), then proceeding in a straight line in a southerly direction to a radius of 1 mile at point D (54°59′40.61″N, 001°24′04.62″W), then following the line of the arc of the 1 mile radius centred at point E (55°00′40.81″N, 001°24′03.73″W), in an overall north easterly direction to the radius intersection at point C (55°01′04.76″N, 001°22′28.17″W),
together the seaward limits; and
(ii) bounded on the landward side of the port by an imaginary line drawn between point N (54°58′57.09″N, 001°46′48.71″W) on the southern bank of the River Tyne on the level of high water and point O (54°59′00.13″N, 001°46′45.10″W) on the northern bank of the River Tyne on the level of high water (the landward limit); and
(b) all creeks, pills, rivers, inlets and tributaries to the River Tyne below the level of high water between the seaward limits and the landward limit except any area upstream of the following imaginary straight lines drawn between—
(i) point F (54°58′45.40″N, 001°27′33.73″W) on the northern bank of the River Don on the level of high water and point G (54°58′45.20″N, 001°27′33.74″W) on the southern bank of the River Don on the level of high water;
(ii) point H (54°58′36.70″N, 001°28′41.18″W) on the eastern bank of the River Don on the level of high water and point I (54°58′36.76″N, 001°28′41.85″W) on the western bank of the River Don on the level of high water;
(iii) point J (54°57′03.95″N, 001°38′00.07″W) on the eastern bank of the River Team on the level of high water and point K (54°57′03.92″N, 001°38′00.58″W) on the western bank of the River Team on the level of high water;
(iv) point L (54°57′21.44″N, 001°41′24.26″W) on the southern bank of the River Derwent on the level of high water and point M (54°57′22.60″N, 001°41′24.58″W) on the northern bank of the River Derwent on the level of high water;
(v) point P (54°58′27.14″N, 001°42′41.64″W) on the southern bank of the Lemington Gut on the level of high water and point Q (54°58′27.72″N, 001°42′42.03″W) on the northern bank of the Lemington Gut on the level of high water;
(vi) point R (54°58′32.85″N, 001°35′27.97″W) on the western bank on the northern side of the A193 Byker Bridge on the level of high water and point S (54°58′32.95″N, 001°35′27.58″W) on the on the eastern bank on the northern side of the A193 Byker Bridge on the level of high water;
(vii) point T (54°59′36.83″N, 001°30′27.02″W) on the western bank of the Willington Gut on the level of high water and point U (54°59′36.92″N, 001°30′26.52″W) on the eastern bank of the Willington Gut on the level of high water,
shown for illustrative purposes shaded pink on the port limits map; and
(c) the extent of those parts of the port premises not within the area described in sub-paragraphs (a) or (b).