OpenLegislation

The Weymouth Port Health Authority Order 2017

S.I. 2017/558 · Made 30 March 2017 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 1 April 2019.

Port Health Authorities, England

Made 30th March 2017

Coming into force in accordance with article 1(1)

The Secretary of State for Health makes the following Order in exercise of powers conferred by sections 2(3) and (4)(b), 3, 4(1) and 5(2) of the Public Health (Control of Disease) Act 1984f1 and section 241 of the Local Government Act 1972f2.

The Secretary of State for Health has given notice as required by sections 2(6) and 4(2) of the Public Health (Control of Disease) Act 1984f3 and has not received any notice of objection.

Annotations to the whole text

Footnotes

f1

1984 c.22; section 3 of the Public Health (Control of Disease) Act 1984 (“the Act”) was amended by the Food Safety Act 1990 (c.16), Schedule 3, paragraph 26. In addition, section 5(2) was amended by the Health and Social Care Act 2008 (c.14), Schedule 11, paragraph 4.

f2

1972 c.70; section 241 has been extended by section 3(3) of the Act.

f3

Where the Secretary of State proposes to make an order under section 2 of the Act, the Secretary of State is required, under section 2(6), to give notice of the proposal to every riparian authority who will under the order be liable to contribute to the expenses of the port health authority. In addition, if a port health authority order is to be revoked, under section 4(2), the Secretary of State must also give notice to the port health authority concerned and every authority which is, or under the proposed order will be, a constituent authority.

Contents

  1. 1Citation, commencement, application and interpretation
  2. 2The port health district
  3. 3The port health authority
  4. 4Appointment of members to and meetings of the joint board Repealed
  5. 5Retirement of members Repealed
  6. 6Chair of the joint board Repealed
  7. 7Jurisdiction
  8. 8Application of provisions of Local Government Act 1972 to the joint board Repealed
  9. 9Functions of the Port Health Authority
  10. 10Expenses Repealed
  11. 11Accounts and audit Repealed
  12. 12Revocation
  13. Signature
  14. Schedule 1Provisions of the Local Government Act 1972 applied to the Port Health Authority Repealed
  15. Schedule 2Functions etc assigned to the Port Health Authority
  16. Explanatory note

1Citation, commencement, application and interpretationI1

(1)

This Order may be cited as the Weymouth Port Health Authority Order 2017 and comes into force on the day after the day on which it is made.

(2)

This Order applies to England.

(3)

In this Order –

  • F1“the Council” means Dorset Council;

  • “the Port of Weymouth” means the port of that name as appointed for the purposes of customs and excise under section 19(1) of the Customs and Excise Management Act 1979 f1 (appointments of ports etc.); and

  • F2...

(4)

References in this Order to reference points are to be construed as references to National Grid reference points.

2The port health districtI1

(1)

For the purposes of section 2 of the Public Health (Control of Disease) Act 1984 (port health districts and authorities), the area described in paragraph (2) is to constitute a port health district.

(2)

The area described in this paragraph consists of the Port of Weymouth together with such land and water as is specified in sub-paragraphs (a) to (f)—

(a)

on the landward side, the boundary is the mean high water line of the English Channel;

(b)

on the eastern side, the boundary is a line extending due south from St Alban’s Head (OS reference point SY 96207519) to the seaward limit of the territorial waters;

(c)

on the western side, the boundary is a line extending due south from the point at which the parish boundaries of Abbotsbury and Puncknowle meet the sea (OS reference point SY53988580) to the seaward limit of the territorial waters;

(d)

on the seaward side, the boundary is the limit of the territorial waters;

(3)

The area described in paragraph (2) includes—

(a)

any wharf, dock, jetty or similar structure on the seaward side of the Port of Weymouth to the limit of the territorial waters; and

(b)

any structures and buildings on areas within the gates of any wharf, dock, jetty or similar structure within the districts of the relevant riparian authorities.

3The port health authorityI1

(1)

The port health authority for the port health district constituted under article 2 is F1the Council.

F2(2)

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

(3)

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

4Appointment of members to and meetings of the joint boardF1

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

5Retirement of membersF1

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

6Chair of the joint boardF1

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

7JurisdictionI1

F1The Council as port health authority has jurisdiction over all waters and land within the port health district.

8Application of provisions of Local Government Act 1972 to the joint boardF1

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

9Functions of the Port Health AuthorityF2I1

(1)

The functions, rights and liabilities of a local authority or a food authority under the enactments specified in Schedule 2 are assigned to F1the Council as port health authority in so far as they are applicable to a port health authority and to any land, waters, premises, vessels or persons within its jurisdiction.

(2)

Subject to paragraph (3), the enactments specified in Schedule 2 in respect of the functions, rights and liabilities that are assigned to the Council under paragraph (1), are to have effect as if—

(a)

any vessel lying within the jurisdiction of the Council is a house, building or premises; and

(b)

the master or other officer or person in charge of the vessel is the occupier.

(3)

This article does not apply to—

(a)

any vessel belonging to Her Majesty; or

(b)

any vessel engaged in the service of Her Majesty, whether belonging to Her Majesty or not; or

(c)

any vessel belonging to the armed forces of any country to which the provisions of the Visiting Forces Act 1952f1 apply by virtue of section 1f2 (countries to which Act applies) of that Act.

10ExpensesF1

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

11Accounts and auditF1

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

12RevocationI1

The Weymouth Port Health Authority Order 1980f1 is revoked.

Signature

Signed on behalf of the Secretary of State for Health.

Ailsa Wright

Member of the Senior Civil Service,

Department of Health

30th March 2017

Schedule 1Provisions of the Local Government Act 1972 applied to the Port Health AuthorityF1

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

Schedule 2Functions etc assigned to the Port Health AuthorityI1

Public Health Act 1936f1

Section 1(1) (insofar as it relates to sections 45, 49-52, 83, 262 and 264)Duty to enforce the Act
Section 45Buildings with defective closets capable of repair
Section 48Power to examine and test drains etc
Section 49Rooms over closets of certain types etc
Section 50Overflowing and leaking cesspools
Section 81Byelaws for the prevention of certain nuisances
Section 82Byelaws as to the removal through streets of offensive matter or liquid
Sections 83-86Filthy or verminous premises or articles, verminous persons, and provision of cleansing stations
Section 140Power to close, or restrict use of water from, polluted water supply
Section 141Power to deal with insanitary cisterns, &c.
Part 12Miscellaneous provisions (including powers of entry)
Public Health Act 1961f2
Section 36Power to require vacation of premises during fumigation
Section 73Derelict petrol tanks
Slaughterhouses Act 1974f3
Part 1Slaughterhouses and knackers’ yards
Control of Pollution Act 1974f4
Part 3Noise
Part 5Supplementary provisions (including powers of entry and inspection, obtaining information and default powers)
Local Government (Miscellaneous Provisions) Act 1976f5
Section 16Power of local authorities to obtain particulars of persons interested in land
Section 32Power of local authorities to execute works outside their area
Section 41Evidence of resolutions and minutes of proceedings, etc
Public Health (Control of Disease) Act 1984f6
Section 45M and all functions conferred under the Health Protection (Part 2A Orders) Regulations 2010f7Local authority power to apply to a justice of the peace for an order to protect human health from risk of infection or contamination
Section 46Duty to arrange for a body to be buried or cremated
Section 48Removal of body to mortuary or for immediate burial
Building Act 1984f8
Section 76Powers to deal with defective premises
Food Safety Act 1990f9
Section 6Enforcement of Act
Part 2Food safety
Part 3Administration and enforcement
Environmental Protection Act 1990f10
Part 3Statutory nuisance and clean air
Water Industry Act 1991f11
Part 3Water supply
Clean Air Act 1993f12
Part 3Air pollution
The Official Feed and Food Controls (England) Regulations 2009f13Execution and enforcement of import controls Designation of competent authority
Health Protection (Local Authority Powers) Regulations 2010f14Health protection powers
Animal By-Products (Enforcement) (England) Regulations 2013f15Enforcement

Explanatory note

(This note is not part of the Order)

This Order constitutes the Weymouth port health district. It constitutes a joint board, consisting of representatives from Weymouth and Portland Borough Council, Purbeck District Council and West Dorset District Council to be the port health authority for that district. Provision is also made for those authorities to contribute to the expenses of the joint board.

Articles 7 to 9 and the Schedules relate to the jurisdiction and functions of the joint board as port health authority.

Article 12 revokes the Weymouth Port Health Authority Order 1980.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sector is foreseen.