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The Teesport (Extension of Limits) Harbour Revision Order 2024

S.I. 2024/934 · Made 9 September 2024

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Harbours, Docks, Piers And Ferries

Made 9th September 2024

Laid before Parliament 12th September 2024

Coming into force 3rd October 2024

PD Teesport Limited has applied for a harbour revision order in accordance with section 14(2)(a) of the Harbours Act 1964f1 (“the Act”).

The Secretary of State, as the appropriate Minister for the purposes of that section, has by an Orderf2 under section 42A of the Actf3 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) of the Act, makes the following Order.

Annotations to the whole text

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 (c. 48), 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” see section 57(1), of the Harbours Act 1964 (c. 40).

f5

The Marine Management Organisation is established by the Marine and Coastal Access Act 2009 (c. 23), section 1. The head office of the Marine Management Organisation located at Lancaster House, Hampshire Court, Newcastle upon Tyne NE4 7YH.

Contents

  1. Part 1
  2. 1Citation, commencement and extent
  3. 2Interpretation
  4. Part 2
  5. 3Extension of limits of harbour and modification of the 1966 Act
  6. Part 3
  7. 4Saving for Trinity House
  8. 5Crown Rights
  9. Signature
  10. Explanatory note

1Citation, commencement and extent

(1)

This Order may be cited as the Teesport (Extension of Limits) Harbour Revision Order 2024.

(2)

This Order comes into force on 3rd October 2024.

(3)

The Teesport Acts and Orders 1966 to 2008f1, the Tees and Hartlepool Harbour Revision Order 1994f2 and this Order may together be cited as the Teesport Acts and Orders 1966 to 2024.

(4)

This Order extends to England and Wales.

2Interpretation

In this Order—

  • “the 1966 Act” means the Tees and Hartlepools Port Authority Act 1966f1;

  • “the added area plan” means the plan prepared in duplicate, signed on behalf of the Marine Management Organisation and marked “Signed Added Area Plan referred to in the Teesport (Extension of Limits) Harbour Revision Order 2024”, one copy of which is deposited at the offices of the Marine Management Organisation and one copy at the offices of the Companyf2, and it is also available electronically on the Company’s websitef3;

  • “the Company” means PD Teesport Limited, a company incorporated under the Companies Act 1985f4 whose registered number is 2636007; and

  • “Trinity House” means the Corporation of Trinity House of Deptford Strondf5.

3Extension of limits of harbour and modification of the 1966 Act

(1)

The limits of the harbour as defined in Schedule 2 (limits of harbour) to the 1966 Act are extended to include the added area which is shown edged red on the added area plan.

(2)

The 1966 Act is accordingly amended as follows.

(3)

In section 3(1) (interpretation), in the appropriate place in alphabetical order, insert—

  • ““the added area plan” has the same meaning as in the Teesport (Extension of Limits) Harbour Revision Order 2024;”.

(4)

In Schedule 2 (limits of harbour)—

(a)

for “shall comprise the areas shown edged blue on the signed plans being—” substitute—

  • “are–

(1)

the areas shown edged blue on the signed plans being—”; and

(b)

after paragraph (f) insert—

“(2)

The area shown edged red on the added area plan.”.

4Saving for Trinity House

This Order must not prejudice or derogate from any of the rights, duties or privileges of Trinity House.

5Crown Rights

(1)

Nothing in this Order shall—

(a)

prejudicially affect any estate, right, power, privilege, authority or exemption of the Crown, or

(b)

authorise the Company to take, use, enter upon or in any manner interfere with any land or interests in land or any rights of whatsoever description (including any part of the shore or bed of the sea or any river, channel, creek, bay or estuary) belonging to—

(i)

His Majesty in right of the Crown and under the management of the Crown Estate Commissioners without the consent in writing of those Commissioners, or

(ii)

a government department, or held in trust for His Majesty for the purposes of a government department, without the consent in writing of that government department.

(2)

A consent under paragraph (1)(b) may be given unconditionally or subject to such conditions and upon such terms as may be considered necessary or appropriate.

Signature

Signed by authority of the Marine Management Organisation

Michelle Willis

Acting Chief Executive Officer

An authorised employee of the Marine Management Organisation

9th September 2024

Explanatory note

(This note is not part of the Order)

This Order, made on the application of PD Teesport Limited, extends the limits of the harbour within which PD Teesport Limited exercise jurisdiction as statutory harbour authority at the Port of Tees and Hartlepool to include the added area (article 3) which is shown on the added area plan referred to in article 2.

The added area plan referred to in article 2 may be inspected during working hours at the office of the Marine Management Organisation, Lancaster House, Hampshire Court, Newcastle upon Tyne NE4 7YH and at the offices of PD Teesport Limited at 17-27 Queens Square, Middlesbrough TS2 1AH. It is also available for inspection on PD Teesport Limited website, https://www.pdports.co.uk/marine-information/port-information/.

This Order also provides a saving for Trinity House (article 4) and Crown Rights (article 5).

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 added area plan, is available alongside the instrument on the UK legislation website, www.legislation.gov.uk.