The Felixstowe Dock and Railway Harbour Revision Order 2009

Made: 19th August 2009

Coming into force: 28th August 2009

The Secretary of State is the appropriate Minister under section 14(7)[^f00002] of that Act, and is satisfied as mentioned in section 14(2)(b) of that Act. The Secretary of State, in exercise of the powers conferred by that section and now vested in him [^f00003], makes the following Order.

Citation and commencement

1

• (1) This Order may be cited as the Felixstowe Dock and Railway Harbour Revision Order 2009 and comes into force on 28th August 2009.

• (2) The Felixstowe Dock and Railway Acts and Orders 1879 to 2002, the 2007 Order and this Order may be cited together as the Felixstowe Dock and Railway Acts and Orders 1879 to 2009.

Interpretation

2

• (1) In this Order—

• “the 2007 Order” means the Felixstowe Dock and Railway Harbour Revision Order 2007[^f00004];

• “Company” means the Felixstowe Dock and Railway Company;

• “dock” means the dock constructed by the Company in pursuance of the powers conferred on them by the Felixstowe Dock and Railway Acts and Orders 1879 to 2002 and the 2007 Order and all other works, land, buildings, ancillary works, plant, property and conveniences connected therewith, as from time to time existing;

• “dock plan” means the plan prepared in duplicate, signed by the Head of Ports Division in the Department for Transport and marked “Felixstowe Dock and Railway Harbour Revision Order 2009” of which copies are deposited at that Department and at the office of the Company at Tomline House, The Dock, Felixstowe, Suffolk IP11 3SY.

• (2) All points and directions stated in this Order shall be construed as if the words “or thereabouts” were inserted after each such point and direction.

• (3) Reference points specified in this Order shall be construed as references to Ordnance Survey National Grid reference points.

Limits of dock

3

• (1) The limits of the dock within which the Company shall exercise jurisdiction shall be the area described in the Schedule to this Order and notwithstanding anything contained in the Felixstowe Dock and Railway Acts and Orders 1879 to 2002 and the 2007 Order, references in any of those Acts or Orders or in any byelaws, orders, regulations or directions made under those Acts or Orders to the limits of the dock shall be construed and have effect as references to the limits of the dock as so described.

• (2) The area so described is, for the purpose of identification only, shown edged red on the dock plan.

Revocations

4

The following provisions of the 2007 Order are revoked—

• (a) article 3 and Schedule 1 (Limits of dock);

• (b) in paragraph 2(2)(c) of Part 2 of Schedule 2 (Protection for the Environment Agency) the words “in the discharge of its environmental and recreational duties” where they first occur.

SCHEDULE 1 — LIMITS OF DOCK

An area bounded by an imaginary line commencing at a point (1) at TM2823731816, thence in a northerly direction to a point (2) at TM2828432014, thence along the fence marking the north and north-east boundaries of Landguard Fort to a point (3) at TM2842331967, thence in a straight line in a north-north-easterly direction to a point (4) at TM2842331983, thence in a straight line in a north-easterly direction to a point (5) at TM2856432083, thence in a straight line in an east-north-easterly direction to a point (6) at TM2866832104, thence in a straight line in a north-north-easterly direction to a point (7) at TM2870332217, thence in a north-easterly direction following the line of Landguard Road to a point (8) at TM2875932324, thence in a straight line in a north-north-easterly direction to a point (9) at TM2886832735, thence in a straight line in a north-easterly direction to a point (10) at TM2891032814, thence in a straight line in a northerly direction to a point (11) at TM2891032945, thence in a straight line in a north-easterly direction to a point (12) at TM2896332970, thence following the curve of Carr Road in a westerly direction to a point (13) at TM2884432942, thence in a straight line in an easterly direction to a point (14) at TM2890032943, thence in a straight line in a southerly direction to a point (15) at TM2890032824, thence in a straight line in a west-south-westerly direction to a point (16) at TM2866232734, thence in a straight line in a north-westerly direction to a point (17) at TM2859032810, thence in a straight line in a west-north-westerly direction to a point (18) at TM2857632831, thence in a northerly direction to the northside boundary of Carr Road to a point east of the railway crossing (19) at TM2860132915, thence in a westerly direction along the northern boundary of the said Carr Road to a point (20) at TM2858232914, thence in a northerly direction across the railway line to a point on the northern boundary fence of that railway (21) at TM2869733047, thence in an easterly and thereafter a north-north-easterly direction along the northern and north-western boundary fence of that railway to a point (22) at TM2908433355, thence in a north-westerly direction along the centre line of a drain to a point (23) at TM2905033385, thence in a south-westerly direction along the centre line of a drain and thence along the foot of the bank marking the boundary of the outfall works of the Suffolk Coastal District Council to a point (24) at TM2873133145, thence in a north-easterly direction along the foot of the said bank to a point (25) at TM2884533286, thence in a south-easterly direction to a point (26) at TM2890633233, thence following the fence line to a point (27) at TM2902033371, thence in a north-easterly direction along the western boundary of the Suffolk Coastal District Council’s road affording access to their outfall works to a point on the southern boundary of Walton Avenue (28) at TM2912733557, thence in a north-westerly direction along the southern boundary of Walton Avenue continuing in a straight line until reaching the Dooley Roundabout, thence following the western outer perimeter of the Roundabout, thence in a north-westerly direction on the southern boundary of Fagbury Road to a point (29) at TM2768234310, thence in a north-westerly direction along the centre line of the drain until it meets the fence line of the branch line to a point (30) at TM2747534521, thence in a north-easterly direction following the fence line until it meets the main line at point (31) at TM2830735924, thence in a north-westerly direction to the fence line west of the branch line at a point (32) at TM2822335995, thence in a south-westerly direction following the fence line to a point (33) at TM2740034575, thence in a straight line in a west-north-westerly direction to the point where the footpath along the top of the sea wall joins the roadway or track to a point (34) at TM2737634581, thence in a west-south-westerly direction along the south-eastern boundary of a road or track to a point (35) at TM2730034526, thence in a south-westerly direction to a point (36) at TM2728534520, thence in a north-westerly direction on the seaward side of the bridle path situated at the base of Fagbury Cliff to a point (37) at TM2680034700, thence in a northerly direction to a point (38) at TM2680034800, thence in a north-easterly direction to a point (39) at TM2690034900, thence in a north-westerly direction to a point (40) at TM2610035500, thence in a south-westerly direction to a point (41) at TM2576135045, thence in a north-westerly direction following the floodwall to a point (42) at TM2568435111, thence in a south-westerly direction to a point (43) at TM2548734805, thence in a south-easterly direction to a point (44) at TM2753533476, thence in a south-easterly direction to a point (45) at TM2811132021, thence in a southerly direction to a point (46) at TM2812031910, thence in a south-easterly direction to a point (47) at TM2818431840, thence in an east-south-easterly direction to and terminating at the point of commencement.

Signed

Signed by authority of the Secretary of State

R C Bennett — Head of Ports Division — Department for Transport — 19th August 2009

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order alters and defines the limits of jurisdiction of the Felixstowe Dock and Railway Company (the applicants for the Order) as a harbour authority and makes one consequential and one minor revocation in the Felixstowe Dock and Railway Harbour Revision Order 2007.

Footnotes

[^f00001]: 1964 c. 40; section 14 was amended by the Transport Act 1981 (c. 56), section 18 and Schedule 6, paragraphs 2, 3, 4(1) and 14, section 40 and Schedule 12, Part II and by the Transport and Works Act 1992 (c. 42), section 63(1) and Schedule 3, paragraph 1.

[^f00002]: For the definition of “the Minister” (mentioned in section 14(7)) see section 57(1).

[^f00003]: S.I. 1981/238.

[^f00004]: S.I. 2007/3219.