The Portsmouth (Camber Dock and Flathouse Wharf) Harbour Revision Order 1990

Made: 17th July 1990

Coming into force: 18th July 1990

Now therefore the Secretary of State for Transport (being the appropriate Minister under section 14(7) of the Harbours Act 1964[^f00001] for the purpose of making this Order) in exercise of the powers conferred by the said section 14 and now vested in him[^f00002], and of all other powers enabling him in that behalf, and on the application of the Portsmouth City Council, hereby makes the following Order:–

Citation and commencement

1

This Order may be cited as the Portsmouth (Camber Dock and Flathouse Wharf) Harbour Revision Order 1990 and shall come into force on 18th July 1990.

Interpretation

2

In this Order:–

• “the Act of 1847” means the Harbours, Docks and Piers Clauses Act 1847[^f00003];

• “the Council” means the Portsmouth City Council;

• “the undertakings” means the Camber Dock and Flathouse Wharf undertakings of the Council as authorised by the scheduled enactments;

• “the scheduled enactments” means the Acts and Orders mentioned in the Schedule to this Order.

Incorporation of Act of 1847

3

• (1) The Act of 1847 (except sections 6 to 13, 16 to 20, 25 to 27, 31, 48, 49, 50, 67, 79 to 82, 84 to 90, 95, 97 and 98 and so much of the proviso to section 83 as follows the words “the special Act”), so far as the same is applicable for the purposes of and is not inconsistent with, or varied by, the provisions of this Order, is hereby incorporated with this Order:

Parking places

4

The Council may provide facilities on land within the undertakings for the parking of vehicles and trailers and for that purpose may erect barricades or fencing with related offices, waiting rooms and other conveniences and may make reasonable charges for the use of such facilities.

Removal of vehicles

5

• (1) If a vehicle or trailer is left without the permission of the Council–

• (a) in any place where it is likely to obstruct or interfere with the use of the undertakings; or

• (b) on any land within the undertakings where the parking of vehicles or trailers is prohibited by notice erected by the Council;

the Council may remove the vehicle or trailer, or cause it to be removed.

• (2) Any notice erected under paragraph (1)(b) above shall be conspicuously posted in or close to the place to which is relates.

• (3) Where the Council in exercise of the powers of this article remove a vehicle or trailer or cause it to be removed, the expense of and incidental to the removal shall be recoverable by the Council from any person responsible as a debt in any court of competent jurisdiction.

• (4) For the purposes of paragraph (3) above “person responsible” shall have the same meaning as in section 102(8) of the Road Traffic Regulation Act 1984[^f00005].

• (5) If the Council in exercise of the powers of this article remove a vehicle to a place not readily visible from the place whence it is so removed they shall, if and so soon as it is reasonably practicable to do so, send to the person for the time being registered as the owner of the vehicle for the purposes of the Road Vehicles (Registration and Licensing) Regulations 1971[^f00006] or any other regulations having the like effect for the time being in force, at his last known address, his registered address or the address where the vehicle is ordinarily kept, notice that they have exercised the powers of this article and of the place to which the vehicle has been removed.

• (6) A notice stating the general effect of paragraph (1) above shall be displayed in a prominent position at each place where a road accessible to vehicles enters any part of the undertakings.

Power to lease, etc.

6

The Council may for harbour purposes–

• (a) lease or grant the use or occupation of; or

• (b) grant any right or interest in or over

any lands, works, buildings, equipment or other property forming part of the undertakings for such period or periods and on such terms and conditions as shall be agreed between the Council and the person taking the same.

Power to appropriate parts of undertakings

7

• (1) The Council may set apart and appropriate any part of the undertakings for the exclusive or preferential use and accommodation of any particular trade, activity, person, vessel or class of vessels, or goods, subject to such terms, conditions and regulations as the Council think fit.

• (2) No person or vessel shall make use of any part of the undertakings set apart or appropriated under this article without the consent of the harbour master and the harbour master may order any person or vessel making use thereof without such consent to leave or be removed and the provisions of section 58 (power of harbour master as to moving of vessels in harbour) of the Act of 1847 shall extend and apply mutatis mutandis to and in relation to any such vessels.

Costs of order

8

All costs, charges and expenses preliminary to, and of and incidental to, the preparation of, the application for, and the obtaining of this Order or otherwise in relation thereto (other than those which any person is lawfully ordered to pay by the Secretary of State for Transport or a Joint Committee of both Houses of Parliament, or any costs, charges and expenses incurred in opposing the Order) shall be paid by the Council.

SCHEDULE — ENACTMENTS RELATING TO THE UNDERTAKINGS

Signed

Signed by authority of the Secretary of State for Transport

H. B. Wenban-Smith — An Under Secretary in the — Department of Transport — 17th July 1990

Explanatory note

(This note is not part of the Order)

This Order empowers Portsmouth City Council as the harbour authority for the Camber Dock and Flathouse Wharf undertakings, to provide and charge for parking facilities, to remove vehicles and trailers causing an obstruction or left without permission, to grant leases for harbour purposes and to appropriate any part of the undertakings for exclusive or preferential use. The Order also incorporates and applies certain provisions of the Harbours Docks and Piers Clauses Act 1847 and disapplies other provisions of that Act.

The applicant for the Order is Portsmouth City Council.

Footnotes

[^f00001]: 1964 c. 40; section 14 and Schedule 3 were amended by the Transport Act 1981 (c. 56), section 18 and Schedule 6, paragraphs 2 to 4, 12 and 14.

[^f00002]: See section 57(1) of the Harbours Act 1964 and S.I. 1981/238.

[^f00003]: 1847 c. 27.

[^f00004]: 1972 c. 70.

[^f00005]: 1984 c. 27.

[^f00006]: S.I. 1971/450.