Explanatory note
England, Wales and Scotland
(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-
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);
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
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.
Notes on the whole SI
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)