The Portsmouth International Port and Camber Harbour Revision Order 2025
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Change 1
3 Incorporation of Harbours, Docks and Piers Clauses Act 1847
(1) The 1847 Act, except sections 6 to 20, 22 to 26, 28 to 32, 35, 37, 38, 41, 42, 49, 50, 54, 55, 59 to 62, 66, 67, 69 to 73, 75, 77, 84 to 92 and 97 to 102, so far as applicable to the purposes and not inconsistent respectively with the provisions of— (a) this Order; (b) the 1959 Act insofar as it relates to the port; (c) the 2000 (TSB) Order insofar as it relates to the Camber; and (d) the 2000 (MWLS) Order insofar as it relates to the Camber, is incorporated into that Act and those Orders respectively subject to the modifications stated in paragraphs (2) to (5) below, and any existing incorporation of the 1847 Act into those Acts and Orders respectively, insofar as mentioned above, ceases to have effect. (2) Section 53 of the 1847 Act (penalty on shipmasters not complying with directions of the harbour master) has effect subject to the modifications that for the words “level 2” there are substituted the words “level 4”. (3) Section 63 of the 1847 Act (penalty on vessels lying near the entrance of harbour or dock without permission) has effect subject to the modification that for the words from “liable to” to the end of the section there are substituted the words “guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale”. (4) Section 74 of the 1847 Act (owner of vessel answerable for damage to works) has effect subject to the modification that the words “provided always” to the end of the section are omitted. (5) In construing the provisions of the 1847 Act as incorporated under paragraph (1)— (a) the expression “the special Act” means this Order, the 1959 Act, the 2000 (TSB) Order and the 2000 (MWLS) Order respectively; (b) the expression “the undertakers” means the Council; (c) the expression “the harbour, dock, or pier” means— (i) the port in respect of this Order and the 1959 Act, (ii) the Camber in respect of the 2000 (TSB) Order and the 2000 (MWLS) Order; (d) for the definition of the word “vessel” in section 3 (interpretation) of the 1847 Act there is to be substituted the definition of that word in article 2(1) of this Order; (e) the reference in section 53 of the 1847 Act to “notice” of a direction served by the harbour master is not to be construed as requiring the notice to be in writing and may include the communication of the notice orally or otherwise.
3 Incorporation of Harbours, Docks and Piers Clauses Act 1847
(1) The 1847 Act, except sections 6 to 20, 22 to 26, 28 to 32, 35, 37, 38, 41, 42, 49, 50, 54, 55, 59 to 62, 66, 67, 69 to 73, 75, 77, 84 to 92 and 97 to 102, so far as applicable to the purposes and not inconsistent respectively with the provisions of— (a) this Order; (b) the 1959 Act insofar as it relates to the port; (c) the 2000 (TSB) Order insofar as it relates to the Camber; and (d) the 2000 (MWLS) Order insofar as it relates to the Camber, is incorporated into that Act and those Orders respectively subject to the modifications stated in paragraphs (2) to (5) below, and any existing incorporation of the 1847 Act into those Acts and Orders respectively, insofar as mentioned above, ceases to have effect. (2) Section 53 of the 1847 Act (penalty on shipmasters not complying with directions of the harbour master) has effect subject to the modifications that for the words “level 2” there are substituted the words “level 4”. (3) Section 63 of the 1847 Act (penalty on vessels lying near the entrance of harbour or dock without permission) has effect subject to the modification that for the words from “liable to” to the end of the section there are substituted the words “guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale”. (4) Section 74 of the 1847 Act (owner of vessel answerable for damage to works) has effect subject to the modification that the words “provided always” to the end of the section are omitted. (5) In construing the provisions of the 1847 Act as incorporated under paragraph (1)— (a) the expression “the special Act” means this Order, the 1959 Act, the 2000 (TSB) Order and the 2000 (MWLS) Order respectively; (b) the expression “the undertakers” means the Council; (c) the expression “the harbour, dock, or pier” means— (i) the port in respect of this Order and the 1959 Act, (ii) the Camber in respect of the 2000 (TSB) Order and the 2000 (MWLS) Order; (d) for the definition of the word “vessel” in section 3 (interpretation) of the 1847 Act there is to be substituted the definition of that word in article 2(1) of this Order; (e) the reference in section 53 of the 1847 Act to “notice” of a direction served by the harbour master is not to be construed as requiring the notice to be in writing and may include the communication of the notice orally or otherwise.
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