The Associated British Ports (Immingham Green Energy Terminal) Order 2025
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Change 1
4 Incorporation of the 1847 Act
(1) The 1847 Act, except sections 5 to 13, 16 to 25, 47 to 50, 77, 79, 80, 85 to 102 and 104, so far as applicable for the purposes of and not inconsistent with this Order, is incorporated with and forms part of this Order, subject to the modifications set out in paragraph (2). (2) For the purposes of the 1847 Act, as so incorporated— (a) the expression “the special Act” means this Order; (b) the expressions “the Promoters of the undertaking” and “the undertakers” have the meaning given to “the Company” in article 2(1) of this Order; (c) the expression “the harbour, dock or pier” means the area of jurisdiction; (d) the expression “the harbour master” so far as applicable to the authorised project, has the meaning given to “the dock master” in article 2(1) of this Order; (e) the meaning given to the word “vessel” by section 3 of the 1847 Act is substituted by that given to “vessel” in article 2(1) of this Order; (f) section 53 of the 1847 Act is not to be construed as requiring the dock master to serve on the master of a vessel a notice in writing of his directions but such directions may be given orally or otherwise communicated to such master; (g) reference in section 69 of the 1847 Act to “£2” is to be read as to “level 3 on the standard scale”; (h) section 33 of the 1847 Act, as so incorporated, must not be construed as derogating from the power of the dock master (which has the meaning given in article 2(1) of this Order) to discontinue any part of its undertaking; and (i) any requirement to comply with a notice or direction given by the harbour master is to be construed as including a requirement that, in complying with such notice or direction, a person who is subject to the notice or direction must also comply with any relevant notice or direction given by the dock master or the harbour master (which both have the meaning given in article 2(1) of this Order) in the exercise by either or both of them of any function conferred by or under any enactment (including this Order).
4 Incorporation of the 1847 Act
(1) The 1847 Act, except sections 5 to 13, 16 to 25, 47 to 50, 77, 79, 80, 85 to 102 and 104, so far as applicable for the purposes of and not inconsistent with this Order, is incorporated with and forms part of this Order, subject to the modifications set out in paragraph (2). (2) For the purposes of the 1847 Act, as so incorporated— (a) the expression “the special Act” means this Order; (b) the expressions “the Promoters of the undertaking” and “the undertakers” have the meaning given to “the Company” in article 2(1) of this Order; (c) the expression “the harbour, dock or pier” means the area of jurisdiction; (d) the expression “the harbour master” so far as applicable to the authorised project, has the meaning given to “the dock master” in article 2(1) of this Order; (e) the meaning given to the word “vessel” by section 3 of the 1847 Act is substituted by that given to “vessel” in article 2(1) of this Order; (f) section 53 of the 1847 Act is not to be construed as requiring the dock master to serve on the master of a vessel a notice in writing of his directions but such directions may be given orally or otherwise communicated to such master; (g) reference in section 69 of the 1847 Act to “£2” is to be read as to “level 3 on the standard scale”; (h) section 33 of the 1847 Act, as so incorporated, must not be construed as derogating from the power of the dock master (which has the meaning given in article 2(1) of this Order) to discontinue any part of its undertaking; and (i) any requirement to comply with a notice or direction given by the harbour master is to be construed as including a requirement that, in complying with such notice or direction, a person who is subject to the notice or direction must also comply with any relevant notice or direction given by the dock master or the harbour master (which both have the meaning given in article 2(1) of this Order) in the exercise by either or both of them of any function conferred by or under any enactment (including this Order).
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