{
  "url": "https://openlegislation.uk/river-tyne-tunnels-order-2005/article-18",
  "json_url": "https://openlegislation.uk/river-tyne-tunnels-order-2005/article-18.json",
  "legislation": "uksi/2005/2222",
  "legislation_title": "The River Tyne (Tunnels) Order 2005",
  "legislation_url": "https://openlegislation.uk/river-tyne-tunnels-order-2005",
  "path": "article/18",
  "kind": "article",
  "number": "18",
  "heading": "Prohibitions within the tunnel area",
  "text": "(1) Notwithstanding anything in any other enactment or rule of law but subject to the provisions of this article, the Port Authority shall, at the reasonable request of the undertaker and at the undertaker’s expense, by direction close the whole or any part of the tunnel area to navigation by all vessels or by any class of vessel.\n(2) Subject to paragraph (3), a direction under paragraph (1) shall specify the duration of the closure, the part of the River Tyne and Howdon Basin affected and the vessels to which it applies.\n(3) The duration of a closure under this article may be extended by the Port Authority until it is satisfied (acting reasonably) that any navigation channel to be opened following the closure has adequate depth and is free of obstruction.\n(4) A person may not, without the written consent of the Port Authority, within any part of the tunnel area, during a period when it is closed to navigation under this article—\n(a) navigate any vessel or cause or permit a vessel to be moored if the vessel concerned is subject to the closure,\n(b) lay down or place any mooring or apparatus, including mains, sewers, drains and cables, or\n(c) undertake or cause or permit any other operation or activity,\nunless he does so in compliance with any direction which the Port Authority has given either in an emergency or for naval or military operational requirements which the Port Authority is satisfied it is not reasonably practicable to fulfil at any other time.\n(5) Any person who contravenes the requirements of paragraph (4) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.\n(6) Except in an emergency, the Port Authority shall at the undertaker’s expense publish notice of any direction given under paragraph (1) in at least one local newspaper circulating in the area in which the tunnel crossing is situated, not less than 14 days before the direction is to take effect.\n(7) In making a direction pursuant to paragraph (1), the Port Authority shall ensure that no more of the tunnel area is closed to navigation at any time by all vessels, or by any class of vessel, than is at that time necessary in the circumstances.\n(8) If complete closure of the tunnel area to all vessels or to any particular class of vessels is necessary at any time, the undertaker shall secure that any work of construction or maintenance of the new tunnel shall be carried out as soon as reasonably practicable to ensure that the minimum obstruction, delay or interference is caused to vessels which may be using or intending to use the tunnel area.\n(9) Without prejudice to the provisions of article 22 neither the undertaker nor the Port Authority shall be liable for any costs, damages or expenses whatsoever incurred by any person as a result, directly or indirectly, of any closure of the tunnel area under this article.\n(10) A direction given under this article may be varied or revoked by a subsequent direction given under this article.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Art. 18 in force at 26.8.2005, see art. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2005/2222/article/18",
    "retrieved_at": "2026-10-29T04:54:14.602868+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}