Explanatory note

This Order, made on the application of the Port of Tyne Authority, modernises and consolidates the statutory harbour powers which apply in relation to the Port of Tyne (‘the port’) and provides for—

1. (1)

   The updated constitution of the Authority under the provisions of Part 2 (constitution of the Authority) in articles 5 to 12.

2. (2)

   The jurisdiction (article 13) and general functions (article 14) of the Authority as the statutory harbour authority for the port and clarity on the limits of the port (Schedule 3).

3. (3)

   Powers relating to finances including application (article 15), reserve fund (article 16), and borrowing powers (articles 17 and 18) to vest in the Authority.

4. (4)

   A modern suite of charging powers (articles 19 to 28), including exemptions from ship, passenger and goods dues (article 26), recovery of charges (article 27), and prevention of the removal or sailing of vessels by the harbour master (article 28).

5. (5)

   Powers of general direction and special direction to the Authority and the harbour master (defined in article 2(1)) for the regulation and management of the port (articles 29 to 32).

6. (6)

   This Order creates an offence of failing to comply with special directions or general directions, the penalty for which is a fine on summary conviction not exceeding level 4 on the standard scale (article 33). A defence of due diligence is available to a person charged under article 33(1).

7. (7)

   Provisions for the enforcement of special directions (article 34) and clarifying the master’s responsibility in relation to directions (article 35).

8. (8)

   The power for a duly authorised officer of the Authority to enter and inspect a vessel or vehicle for the purposes of any enactment relating to the port, including enforcement (article 36).

9. (9)

   Savings for existing directions and byelaws etc. (article 37).

10. (10)

    The establishment of an advisory body or bodies consisting of port stakeholders with whom the Authority is required to consult on material matters (article 38).

11. (11)

    Powers relating to development of land (article 39), power to grant tenancies and dispose of land (article 40), power to appropriate lands and works for particular uses, etc. (article 41), other commercial activities (article 42), and the power to delegate functions (article 43).

12. (12)

    Powers relating to moorings (article 44), bunkering (article 47), aids to navigation (article 48), dredging (article 49), and the repair of landing places (article 50).

13. (13)

    Restrictions of works and dredging (article 51) and control of certain operations of works of statutory undertakers (article 52).

14. (14)

    Powers relating to the licensing of works (article 53), licensing of dredging (article 54), appeals of such licences (article 55), and obstruction of works (article 56).

15. (15)

    Powers relating to parking places and related facilities (article 57).

16. (16)

    Powers relating to disposal of wrecks (article 58), unserviceable vessels (article 59), and removal of obstructions other than vessels (article 60).

17. (17)

    Provisions relating to tidal works (article 61), power of the Authority to prosecute or defend legal proceedings (article 62), and notices (article 63).

18. (18)

    Savings for Trinity House (article 64) and Crown Rights (article 65).

19. (19)

    The Order revokes and repeals (as appropriate) the Acts and Orders set out in article 74 and Schedule 4 (revocation / repeal) and amends the Acts and Scheme set out in articles 66 to 73.

An impact assessment has not been prepared for this Order as there is no, or no significant, impact predicted on businesses, charities, voluntary bodies or the public sector.

An Explanatory Memorandum together with a copy of the port limits map and port premises map is available alongside the instrument on the UK legislation website at www.legislation.gov.uk