Article 3 Incorporation of provisions of Harbours, Docks and Piers Clauses Act 1847
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 with the provisions of this Order, is incorporated with this Order in respect of the harbours, subject to the modifications stated in paragraphs (2) to (4) below.
Section 53 of the 1847 Act (penalty on shipmasters not complying with directions of the harbour master) has effect subject to the modification that for the words “level 2” there are substituted the words “level 4”.
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 4 on the standard scale”.
In construing the provisions of the 1847 Act as incorporated with this Order—
the expression “the special Act” means this Order;
the expression “the undertakers” means the Council;
the expression “the harbour, dock, or pier” means the harbours;
for the definition of the word “vessel” in section 3 of the 1847 Act (interpretation) there is to be substituted the definition of that word in article 2(1) of this Order;
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.
This article does not apply in relation to Weymouth Harbour.