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, is incorporated with this Order, so far as applicable to the purposes and not inconsistent with the provisions of this Order.

The incorporation of the 1847 Act under paragraph (1) is subject to the modifications stated in paragraphs (3) to (8).

In section 3 (interpretation), for the definition of the word “vessel” substitute the definition of that word in article 2(1) of this Order.

In section 53 (penalty on shipmasters not complying with directions of the harbour master)—

In section 63 (penalty on vessels lying near the entrance of harbour or dock without permission), for “liable to” to the end of the section substitute “guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale”.

In section 74 (owner of vessel answerable for damage to works), omit from “provided always” to the end of the section.

In section 83 (byelaws may be made for all or any of the purposes herein named), omit from “and such byelaws” to the end of the section.

In construing the provisions of the 1847 Act—

The 1847 Act ceases to be incorporated with the 1886 Act, the 1897 Act, the Tyne Improvement Act 1907^f1, the 1925 Act, the Tyne Improvement Act 1929^f2 and the 1934 Act.

Insofar as the 1847 Act is incorporated with the 1957 Act or the 1967 Scheme, any such incorporation ceases to have effect and instead is replaced by the provisions of paragraphs (1) to (8), subject to the following modifications—