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The Portsmouth (Continental Ferry Port Berth 2 Extension) Harbour Revision Order 2011

S.I. 2011/3032 · Made 16 December 2011 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 15 December 2025.

Harbours, Docks, Piers And Ferries

Made 16th December 2011

Laid before Parliament 21st December 2011

Coming into force 16th January 2012

Portsmouth City Council has applied to the Marine Management Organisation in accordance with section 14(2)(a) of the Harbours Act 1964f1 for a harbour revision order under section 14.

The Secretary of State, as the appropriate Minister for the purposes of section 14, has by an Orderf2 under section 42Af3 delegated the functions of the appropriate Minister under section 14f4 to the Marine Management Organisationf5.

The Marine Management Organisation, being satisfied as mentioned in section 14(2)(b) and in exercise of the powers conferred by section 14(1) and (3), makes the following Order.

Annotations to the whole text

Textual amendments

F1

Order revoked (except for arts. 1(1), 2, 4-7) (15.12.2025) by The Portsmouth International Port and Camber Harbour Revision Order 2025 (S.I. 2025/1223), art. 1(1), Sch. 2 (with arts. 31, 59-61)

Footnotes

f1

1964 c.40; section 14 was amended by the Transport Act 1981 (c.56), section 18 and Schedule 6, paragraphs 2 to 4(1) and 14 and section 40 and Schedule 12 (Part II), by the Transport and Works Act 1992 (c.42), section 63(1) and Schedule 3, paragraph 1, by S.I.2006/1177, regulation 2 and the Schedule (Part 1), by the Planning Act 2008 (c.29), section 36 and Schedule 2, paragraphs 8 and 9, by S.I.2009/1941, article 2 and Schedule 1, paragraph 12 and by the Criminal Justice Act 1982, sections 37 and 46. Section 54 (orders and regulations) was amended by the Transport Act 1981 (c.56), sections 18 and 40 and Schedules 6 and 12 (Part II) and by the Marine and Coastal Access Act 2009 (c.23), section 315 and Schedule 21, paragraphs 1 and 3(2).

f2

S.I.2010/674.

f3

Section 42A was inserted, in relation to England and Wales, by the Marine and Coastal Access Act 2009 (c.23), section 315 and Schedule 21, paragraphs 1 and 3(1).

f4

For the definition of “the Minister” (mentioned in section 14(7)) see section 57(1).

f5

The Marine Management Organisation was established by the Marine and Coastal Access Act 2009 (c.23), section 1.

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Incorporation of Act of 1847 Repealed
  5. Part 2: HARBOUR REGULATIONS
  6. 4Power to construct works
  7. 5Power to Deviate
  8. 6Further powers as to works Repealed
  9. 7Subsidiary works
  10. 8Power to appropriate all or part of the Mile End Quay undertaking for particular trades etc Repealed
  11. 9Jurisdiction and directions of Harbour Master Repealed
  12. 10Recovery of rates in respect of vessels Repealed
  13. 11Harbour Master may prevent sailing of vessels Repealed
  14. 12Fine for obstructing works Repealed
  15. 13Provision against danger to navigation Repealed
  16. 14Abatement of works abandoned or decayed Repealed
  17. 15Survey of tidal works Repealed
  18. 16Lights on tidal works during construction Repealed
  19. 17Permanent lights on tidal works Repealed
  20. 18Recovery of fines Repealed
  21. 19Power to lease Repealed
  22. 20Extension of Section 86 of Portsmouth Corporation Act 1959 Repealed
  23. Part 3: MISCELLANEOUS AND GENERAL Repealed
  24. 21Crown rights Repealed
  25. 22Saving rights of Queen’s Harbour Master Repealed
  26. 23Saving rights of Trinity House Repealed
  27. 24Inquiries by Secretary of State Repealed
  28. Signature
  29. Explanatory note

1Citation and commencementF1I1

(1)

This Order may be cited as the Portsmouth (Continental Ferry Port Berth 2 Extension) Harbour Revision Order 2011 and shall come into force on 16th January 2012.

(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2InterpretationF1I1

(1)

In this Order –

  • “the Act of 1847” means the Harbours, Docks and Piers Clauses Act 1847f1;

  • “the authorised works” means all or any of the works authorised by article 4(1) of this Order or any part of those works, and where any part of those works remain uncompleted, includes the site thereof;

  • “the City Council” means the Portsmouth City Council;

  • “deposited plan” and “deposited sections” means the plan and sections drawn on one sheet of paper prepared in triplicate, signed by the Chief Executive Officer of the Marine Management Organisation and marked “Plan and Sections referred to in the Portsmouth (Continental Ferry Port Berth 2 Extension) Harbour Revision Order 2011”, of which one copy was deposited at the office of the City Solicitor of the City Council and two copies at the office of the Marine Management Organisation;

  • “Harbour Master” means the person appointed as such by the City Council and includes his deputies and assistants appointed by the City Council;

  • “the level of high water” means the level of mean high-water springs;

  • “the limits of deviation” means the limits of deviation shown on the deposited plan;

  • “the Mile End Quay undertaking” means the undertaking of the City Council authorised by the Portsmouth Mile End Quay Harbour Revision Orders 1966 to 1999 and the Mile End Gardens (Portsmouth) Act 1978f2 and (save in articles 4 and 6) this Order;

  • “Queen’s Harbour Master” means the person for the time being appointed to be Queen’s Harbour Master of the Dockyard Port of Portsmouth under the Dockyard Ports Regulation Act 1865f3;

  • “tidal work” means so much of the authorised works as is on, under or over tidal waters or tidal lands below the level of high water;

  • “Trinity House” means the Corporation of Trinity House of Deptford Strond; and

  • “vessel” includes every description of water craft, including non-displacement craft and seaplanes, used or capable of being used as a means of transportation on water.

(2)

All distances stated in any description of works or powers shall be construed as if the words “or thereabouts” were inserted after each distance.

3Incorporation of Act of 1847F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4Power to construct worksF1I1

(1)

Subject to the provisions of this Order, the City Council may, when it has acquired the necessary lands or obtained sufficient interests therein, make and maintain within the limits of deviation the following works: two mooring dolphins extending the line of Berth 2 of the Mile End Quay undertaking in a westerly direction for a distance of 49.4 metres.

(2)

The City Council may within the limits of deviation extend, enlarge, alter, replace or re-lay the authorised works.

(3)

The City Council may authorise a person to carry out the authorised works, as agent of the City Council.

5Power to DeviateF1I1

In constructing the authorised works the City Council or a person authorised by the City Council to carry out the authorised works may deviate laterally from the lines or situations shown on the deposited plan to the extent of the limits of deviation and may divert vertically from the levels shown on the deposited sections to any extent not exceeding 3 metres upwards and to such extent downwards as may be found necessary or convenient.

6Further powers as to worksF1I1

Subject to the provisions of this Order, the City Council or a person authorised by the City Council to carry out the authorised works may, in connection with the construction of those works, enclose and reclaim from the foreshore and bed of the sea, and may hold and use as part of the Mile End Quay undertaking, so much of the foreshore and bed of the sea as is situated within the limits of deviation and is required for, or in connection with, the construction of those works.

7Subsidiary worksF1I1

(1)

Subject to paragraph (2) and to the other provisions of this Order, the City Council or a person authorised by the City Council to carry out the authorised works may, in connection with those works and within the limits of deviation, construct, erect, lay down, place, maintain, remove, replace, work or use all necessary or convenient bridges, abutments, booms, pontoons, fenders, bollards, ladders, tanks, pumps, conduits, pipes, wires, mains, cables, rails, signals, conveyors, cranes, lifts, hoists, passenger side loaders, drops, weighbridges, stairs, stages, platforms, catwalks, landing places, dolphins, piles, buoys, moorings, beacons, approaches, buildings, sheds, offices, depots, roads, walls, fences, gates, equipment, machinery and appliances and such other works and apparatus as they think fit.

(2)

Electrical works, mechanical works or equipment constructed, erected, laid down, placed, maintained, worked or used, pursuant to the powers conferred by this article, shall be so constructed, erected, laid down, placed, maintained, worked or used, that any electricity generated or conveyed by any such works or equipment used therein or in connection therewith does not cause interference (whether by induction or otherwise) with any telecommunications apparatus or with telecommunication by means of any such apparatus.

8Power to appropriate all or part of the Mile End Quay undertaking for particular trades etcF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9Jurisdiction and directions of Harbour MasterF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10Recovery of rates in respect of vesselsF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11Harbour Master may prevent sailing of vesselsF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12Fine for obstructing worksF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13Provision against danger to navigationF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14Abatement of works abandoned or decayedF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15Survey of tidal worksF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16Lights on tidal works during constructionF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17Permanent lights on tidal worksF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18Recovery of finesF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19Power to leaseF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20Extension of Section 86 of Portsmouth Corporation Act 1959F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21Crown rightsF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

22Saving rights of Queen’s Harbour MasterF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23Saving rights of Trinity HouseF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24Inquiries by Secretary of StateF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signature

Signed by authority of the Marine Management Organisation

J. Cross

Chief Executive Officer

An authorised employee of the Marine Management Organisation

16th December 2011

Explanatory note

(This note is not part of the Order)

This Order empowers Portsmouth City Council (“the City Council”) as the harbour authority for the Continental Ferry Port (the Mile End Quay undertaking – defined in article 2(1)) to construct works extending Berth 2 in a westerly direction for 49.4 metres or thereabouts by the construction of two mooring dolphins (article 4) within the limits of deviation on the deposited plan (defined in article 2(1))(article 5), and confers further powers as to the foreshore and bed of the sea in respect of those works (article 6) and as to subsidiary works (article 7).

The Order also empowers the City Council-

(1)

to set apart and appropriate all or any part of the Mile End Quay undertaking for the use and accommodation of a particular trade, person, vessel or class of vessel or goods (article 8);

(2)

to recover rates which the master of a vessel has neglected or refused to pay as a debt in any court of competent jurisdiction (article 10); and

(3)

once the construction of those works is complete, for harbour purposes, to lease, or grant the use or occupation of, any lands, works, buildings, equipment or other property forming part of the Mile End Quay undertaking (article 19).

The Order incorporates provisions of the Harbours, Docks and Piers Clauses Act 1847 (c.27) subject to certain modifications (article 3) and all fines or forfeitures recoverable under that Act so incorporated or under bye-laws made in pursuance of section 83 of that Act may be recovered summarily (article 18).

The Harbour Master (defined in article 2(1)) may prevent the removal or sailing from those works of any vessel until payment of any ship, passenger and goods dues and other charges (article 11).

The Order creates an offence of, without lawful authority, intentionally or recklessly obstructing the carrying out of those works with a fine on summary conviction not exceeding level 3 on the standard scale (article 12).

Articles 13 to 17 make provision against danger to navigation and for the abatement of works abandoned or decayed, the surveying of a tidal work (defined in article 2(1)) and the lighting of tidal works during construction and permanently.

The Secretary of State may cause inquiries to be held for the purposes of the exercise of any of his powers or duties under the Order (article 24).

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen and the impact on business is minimal.

The deposited plan and sections may be inspected during working hours at the office of the City Solicitor, Portsmouth City Council, Civic Offices, Guildhall Square, Portsmouth PO1 2PX.