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, 41, 42, 49, 50, 66, 67, 70, 71, 75, 77, 84 to 92, and 97 to 102, so far as applicable to the purposes and not inconsistent with the provisions of—

is hereby incorporated with this Order, the 1974 Order and the 1894 Order respectively subject to the modifications stated in paragraphs (2) to (7) below, and any existing incorporation of the 1847 Act into the 1974 Order and the 1894 Order shall cease to have effect.

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) shall have 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 shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale”.

Section 68 of 1847 Act (goods may be removed from the quays, &c. after lying there longer than allowed by byelaws) has effect subject to the modification that after the word “byelaws” there is inserted the words “or general direction”.

Section 69 of 1847 Act (combustible matter on quays, &c., to be removed) shall have effect subject to the modification that for the words from “shall forfeit” to the end of the section there are substituted the words “shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale”.

Section 74 of the 1847 Act (owner of vessel answerable for damage to works) of the 1847 Act shall have effect subject to the modification that the words—

are omitted.

In construing the provisions of the 1847 Act as incorporated with this Order, the 1974 Order and the 1894 Order respectively—