Article 72 Amendment of the 1967 Scheme

(1)

The 1967 Scheme is amended as follows.

(2)

In article 2(1) (interpretation)—

(a)

for the definition of “the Port” substitute—

““the Port” has the same meaning as “the port” defined in article 2(1) of the Port of Tyne Harbour Revision Order 2026;”;

(b)

for the definition of “vessel” substitute the definition of “vessel” in article 2(1) of this Order;

(c)

for the definition of “the dock estate” substitute—

““port premises” has the same meaning as defined in article 2(1) of the Port of Tyne Harbour Revision Order 2026;”;

(d)

omit the definition of “dangerous goods”.

(3)

In article 43(1), for “to a fine not exceeding level 1 on the standard scale” substitute “on summary conviction to a fine not exceeding level 3 on the standard scale”.

(4)

In article 75 (general byelaws)—

(a)

for “premises of the Authority” substitute “port premises” in each place it occurs;

(b)

after sub-paragraph (q), insert—

“(qa)

Prohibiting the entry or regulating the entry, carriage, handling or storage of dangerous goods within the meaning given under regulation 3 of the Dangerous Goods in Harbour Areas Regulations 2016^f1 (meaning of “dangerous goods”).”.

(5)

For article 78 (confirmation of byelaws and fines thereunder), substitute—

“(1)

The provisions contained in subsections (3) to (8) of section 236 (procedure etc., for byelaws) of the Local Government Act 1972^f2 and section 238 of that Act (evidence of byelaws) apply to all byelaws made after the coming into force of the Port of Tyne Harbour Revision Order 2026 by the Authority under this Scheme or section 83 of the Harbour Clauses Act 1847 (byelaws may be made for all or any of the purposes herein named).

(2)

In its application to byelaws made under this Scheme or section 83 of the Harbour Clauses Act 1847, section 236 of the Local Government Act 1972 Act has effect, subject to paragraph (3), as if after the word “confirm” in section 236(7), in the first place where that word occurs, there were inserted the words “with or without modification”.

(3)

Where the confirming authority proposes to make a modification which appears to the confirming authority to be substantial, then the confirming authority must—

(a)

inform the Authority and require it to take any steps the confirming authority thinks necessary for informing persons likely to be concerned with that modification;

(b)

not confirm the byelaws until there has elapsed such period as the confirming authority thinks reasonable for the Authority and other persons who have been informed of the proposed modifications to consider and comment on it.

(4)

The confirming authority for the purposes of this article and of section 236 of the Local Government Act 1972, in its application to byelaws made under this Scheme or section 83 of the Harbour Clauses Act 1847, is the Secretary of State.

(5)

Byelaws made under articles 75 (general byelaws) or 76 (byelaws as to lights and signals etc.) of this Scheme may provide for imposing upon a person offending against them, or against any condition, requirement or direction imposed, made or given thereunder, a fine not exceeding level 4 on the standard scale on summary conviction.”.

(6)

Subject to paragraph (2)(c) of this article, in each place it occurs, for “dock estate” substitute “port premises”.

Annotations

Footnotes

f1: S.I. 2016/721.
f2: 1972 c. 70.