Title and introductory text
2024 No. 1161
PORT HEALTH AUTHORITIES, ENGLAND
The London Port Health Authority Order 2024
Made
6th November 2024
Coming into force
7th November 2024
The Secretary of State makes the following Order in exercise of the powers conferred by sections 4(1) and 7(1)(b), (2), (3) and (5) of the Public Health (Control of Disease) Act 1984.
The Secretary of State has given notice as required by section 4(2) of the Public Health (Control of Disease) Act 1984 and has not received any notice of objection.
Propose a change1 Citation, commencement, application and interpretation
(1) This Order may be cited as the London Port Health Authority Order 2024 and comes into force on the day after the day on which it is made.
(2) This Order applies to England.
(3) In this Order—
“the Act” means the Public Health (Control of Disease) Act 1984;
“houseboat” has the meaning given by section 6(2) of the City of London (Various Powers) Act 1933, as if “London” were inserted before “port health district”;
“the relevant riparian authorities” means Maldon District Council, Rochford District Council, Swale Borough Council and Medway Council.
Propose a change2 Extent of the London port health district
(1) Subject to paragraph (2), the parts of the relevant riparian authorities described for the purposes of section 7(1)(b) of the Act (port health district and authority for Port of London) are—
(a) so much of the river Crouch as falls within the area of Rochford District Council;
(b) the Swale, at the mean high-water mark, from where it gives into the river Medway to a line drawn from latitude 51°22’40” north - longitude 0°45’51” east to latitude 51°22’42” east - longitude 0°46’19” east;
(c) the river Medway, at the mean high-water mark, except not upstream beyond a line drawn from Stangate Creek (latitude 0°41’52” east - longitude 51°25’11” north), then north-west to Coalmouth Creek (latitude 0°40’32” east - longitude 51°26’0” north);
(d) a wharf, dock, jetty or similar structure, abutting or projecting into the Port of London or the areas referred to in sub-paragraphs (a) to (c), including any structure or building on an area within the gates of any such wharf, dock, jetty or similar structure;
(e) a security restricted area designated under section 11A of the Aviation Security Act 1982 within the Port of London or the areas referred to in sub-paragraphs (a) to (c); and
(f) as far as the tide flows, all rivers, canals, bays, creeks, streams, channels, waters, and watercourses, giving onto the Port of London and the areas specified in sub-paragraphs (a) to (c).
(2) The area described in paragraph (1) for the purposes of section 7(1)(b) of the Act does not include—
(a) the river Crouch from the limits of Rochford District Council to the northern bank;
(b) the Swale beyond the line described in sub-paragraph (b); and
(c) the river Medway upstream beyond the line described in sub-paragraph (c).
Propose a change3 Jurisdiction
The London port health authority has jurisdiction over all the waters and land within the London port health district.
Propose a change4 Functions assigned to the London port health authority
(1) The functions, rights and liabilities of a local authority and food authority under the enactments specified in the Schedule are assigned to the London port health authority in so far as they are applicable to a port health authority, and to any land, waters, premises, vessels or persons within its jurisdiction.
(2) For the purposes of the functions, rights and liabilities assigned to the London port health authority by this Order—
(a) the enactments specified in the Schedule have effect as if—
(i) any vessel lying within the jurisdiction of the London port health authority is a house, building or premises; and
(ii) the master or other officer or person in charge of the vessel is the occupier; and
(b) section 268(4) of the Public Health Act 1936 has effect as if a houseboat is a tent, van, shed or similar structure.
(3) This article does not apply to—
(a) any vessel belonging to His Majesty;
(b) any vessel engaged in the service of His Majesty, whether belonging to His Majesty or not; or
(c) any vessel belonging to the armed forces of any country to which the provisions of the Visiting Forces Act 1952 apply by virtue of section 1 of that Act (countries to which Act applies).
Propose a change5 Revocation and transitional provision
(1) The London Port Health Authority Order 1965, the London Port Health Authority (Amendment) Order 1980, the London Port Health Authority (Functions) Order 1990 and the London Port Health Authority (Functions) Order 1991 are revoked.
(2) Any function, right or liability assigned to or conferred on the Common Council of the City of London as port health authority (however then constituted) by any enactment before the coming into force of this Order (other than an enactment referred to in paragraph (1)) continues to be exercisable by the London port health authority in respect of the London port health district as constituted by this Order.
Propose a changeSchedule Functions etc assigned to the Port Health Authority
Article 4
Public Health Act 1936
Section 1(1) (insofar as it relates to sections 45, 49-52, 83 and 264) | Duty to enforce the Act
Section 45 | Buildings with defective closets capable of repair
Section 48 | Power to examine and test drains etc
Section 49 | Rooms over closets of certain types etc
Section 50 | Overflowing and leaking cesspools
Section 51 | Care of Closets
Section 52 | Care of sanitary conveniences used in common
Section 79 | Power to require removal of noxious matter by occupier of premises in urban district
Section 81 | Byelaws for the prevention of certain nuisances
Section 82 | Byelaws as to the removal through streets of offensive matter or liquid
Sections 83-86 | Filthy or verminous premises or articles, verminous persons, and provision of cleansing stations
Section 140 | Power to close, or restrict use of water from, polluted water supply
Section 141 | Power to deal with insanitary cisterns etc
Sections 260, 264-265 | Provisions relating to watercourses, ponds, ditches and culverts
Section 268(4) | Nuisances arising from, and byelaws and other matters relating to, tents, vans, sheds etc
Section 269 | Power to control use of moveable dwellings
Part 12 | Miscellaneous provisions (including powers of entry)
Public Health Act 1961
Section 36 | Power to require vacation of premises during fumigation
Section 73 | Derelict petrol tanks
Control of Pollution Act 1974
Part 3 | Noise
Part 5 | Supplementary provisions (including powers of entry and inspection, obtaining information and default powers)
Part 6 | Miscellaneous and General
Public Health (Control of Disease) Act 1984
Section 45M and all functions conferred under the Health Protection (Part 2A Orders) Regulations 2010 | Local authority power to apply to a justice of the peace for an order to protect human health from the risk of infection or contamination
Section 46 | Duty to arrange for a body to be buried or cremated
Section 48 | Removal of bodies to a mortuary or for immediate burial
Building Act 1984
Section 76 | Defective premises
Food Safety Act 1990 | Food authority functions
Environmental Protection Act 1990
Part 1 | Pollution control
Part 3 | Statutory nuisance and clean air
Water Industry Act 1991
Section 80 | Powers of local authorities in relation to private water supplies
Clean Air Act 1993
Part 3 | Smoke control areas
Environment Act 1995
Section 108 | Powers of enforcing authorities and authorised officers
Section 109 | Power to deal with cause of imminent danger of serious pollution
Health Protection (Local Authority Powers) Regulations 2010 | Health protection powers
Environmental Permitting (England and Wales) Regulations 2016 | Regulation of polluting activities
Propose a change