Explanatory note
(This note is not part of the Order)
This Order, made on the application of Portsmouth City Council relates to the statutory undertakings which form part of Portsmouth International Port and the Camber which together form the port. It modernises and consolidates the statutory harbour powers which apply in relation to the port, so that in the future it will be governed under the Order, and the Acts and Orders listed in Schedule 3. The Order provides for—
The jurisdiction (article 4) and general functions (article 5) of the Council as the statutory harbour authority for the port, including plans of the port (including the port premises) which can be inspected during working hours at the office of the Marine Management Organisation, Tyneside House, Skinnerburn Road, Newcastle Business Park, Newcastle upon Tyne NE4 7AR and office hours at the port office located at Portsmouth International Port Office, Northern Exit Building, Whale Island Way, Portsmouth PO2 8EB.
The establishment of an advisory body or bodies consisting of port stakeholders with whom the Council is required to consult on material matters (article 6).
Powers relating to aids to navigation (article 11), repair of landing places (article 12), works and dredging (article 13), control of certain operations and works of statutory undertakers (article 14), licensing (articles 15 and 16), appeals in respect of works or dredging licences (article 17), and penalties for obstruction of works (article 18).
Powers of general direction and special direction on the Council and the harbour master (defined in article 2) for the regulation and management of the port (articles 23 to 31) (a register of all in force general directions may be inspected during office hours at the port office (article 23)). 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 28). A defence of due diligence is available to a person charged under article 28 (article 28(2)).
Powers relating to dredging (article 42), moorings (articles 43 to 45), the development of land (article 46), power to grant tenancies and dispose of land (article 47), power to appropriate lands and works for particular uses, etc. (article 48), other commercial activities (article 49), and power to delegate functions (article 50).
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.