LegalizeThe Southampton Port Health Authority Order 2010
Made: 1st April 2010
Coming into force: 6th April 2010
The Secretary of State has given the notices required by sections 2 and 4 of that Act and has not received any notice of objection.
Citation, commencement, application and interpretation
1
- (1) This Order may be cited as the Southampton Port Health Authority Order 2010 and shall come into force on 6th April 2010.
- (2) This Order applies in relation to England.
- (3) In this Order—
- “the Act” means the Public Health (Control of Disease) Act 1984;
- “approaches” means seaward approaches and land approaches within the cartilage of a dock, harbour or marina;
- “the Council” means the City Council of Southampton; and
- “the Port of Cowes”, “the Port of Portsmouth” and “the Port of Southampton” mean respectively the ports of those names established for the purpose of the enactments relating to customs and excise.
- (4) The riparian authorities specified for the purposes of this Order are the Council, Eastleigh, Fareham, Gosport and New Forest District Councils and the Isle of Wight Council.
- (5) References in this Order to reference points shall be construed as references to National Grid reference points.
The Port Health Authority
2
- (1) For the purposes of the Act the parts of the Port of Cowes, the Port of Portsmouth and the Port of Southampton, and the land and water to which this article applies shall be a port health district and the Council shall be the port health authority for that district.
- (2) This article applies to the parts of the Port of Cowes, the Port of Portsmouth and the Port of Southampton and the land and water which is within the area bounded—
- (a) by a line—
- (i) from Ordnance Survey reference point SU533022 (Hillhead) southeast to Ordnance Survey reference point SZ565993 (Lee Point Sewer Buoy), then
- (ii) south east to Ordnance Survey reference point SZ606975 (Gilkicker Point), then
- (iii) south-south-west to Ordnance Survey reference point SZ594937 (the northerly point of the pier at Ryde), then
- (iv) north-west to Ordnance Survey reference point SZ500974 (Prince Consort Buoy), then
- (v) west-south-west to Ordnance Survey reference point SZ485970 (Gurnard Buoy), then
- (vi) south-west to Ordnance Survey reference point SZ464957 (Gurnard Ledge Buoy), then
- (vii) south-west to Ordnance Survey reference point SZ337898 (Sconce Point), then
- (viii) west to Ordnance Survey reference point SZ319898 (Hurst Castle), then
- (ix) north-east to Ordnance Survey reference point SZ349935 (Starting Platform), then
- (x) north-east to Ordnance Survey reference point SZ364952 (the seaward end of Tanners Lane, East End);
- (b) by the mean high-water line along the coast between Ordnance Survey reference point SZ364952 (the seaward end of Tanners Lane, East End) and Ordnance Survey reference point SZ425977 (Sailing Club building);
- (c) by a line from Ordnance Survey reference point SZ425977 (Sailing Club building) north-east to Ordnance Survey reference point SZ432987 (Inchmery Quay);
- (d) by the mean high water line along the coast and river banks between Ordnance Survey reference point SZ432987 (Inchmery Quay) and Ordnance Survey reference point SU533022 (Hillhead), but excluding—
- (i) the waters of Bartley Water above the bridge at Eling (Ordnance Survey reference point SU365125),
- (ii) the waters of the Rivers Test and Blackwater above the A336 road bridge at Totton (Ordnance Survey reference point SU370137),
- (iii) the waters of the River Itchen above the boundary of the City of Southampton (Ordnance Survey reference point SU452156), and
- (iv) the waters of the River Hamble above the M27 road bridge (Ordnance Survey reference point SU497107),
together with—
- (aa) all docks, harbours and marinas, including the approaches to them; and
- (bb) as far as the tide flows, all river, canal, bays, creeks, streams, channels, waters and watercourses,
giving on to the area specified in this article.
Jurisdiction
3
The Council shall have jurisdiction as port health authority over all waters and land within the port health district.
Functions assigned to port health authority
4
- (1) There are assigned to the Council as port health authority the functions, rights and liabilities of a local authority under the enactments specified in the Schedule to this Order, as far as they are applicable to a port health authority, and to any land, waters, premises, vessels or persons within its jurisdiction.
- (2) For the purposes of the functions, rights and liabilities assigned to the Council by virtue of this Order, the enactments mentioned in the Schedule to this Order shall have effect as if—
- (a) any vessel lying within the port health district were a house, building or premises; and
- (b) the master or other officer or person in charge of the vessel were the occupier.
- (3) This article shall not apply to any vessel belonging to Her Majesty or to any vessel engaged in the service of Her Majesty, whether belonging to Her Majesty or not, or to any vessel belonging to the armed forces of any country to which the provisions of the Visiting Forces Act 1952[^f00002] apply by virtue of section 1 of that Act.
Revocations
5
The Southampton Port Health Authority Order 1990[^f00003] is revoked.
SCHEDULE
| Public Health Act 1936 (c.49) | |
|---|---|
| Section 48 | Power to examine and test drains |
| Sections 51 and 52 | Care of closets and sanitary conveniences |
| Section 82 | Byelaws as to removal through streets of offensive matter or liquid |
| Sections 83 to 86 | Filthy or verminous premises or articles and verminous persons |
| Sections 140 and 141 | Provisions for the protection of the public from polluted water |
| Part 12 | General |
| Public Health Act 1961 (c.64) | |
| Section 36 | Power to require vacation of premises during fumigation |
| Slaughterhouses Act 1974 (c.3) | |
| Part 1 | Slaughterhouses and knackers’ yards |
| Control of Pollution Act 1974 (c.40) | |
| Part 3 (except sections 70(2), (3) and (5) and 71) | Noise |
| Sections 91 and 92 | Rights of entry and inspection, etc. |
| Section 93 | Power of authorities to obtain information |
| Section 94 | Prohibition of disclosure of information |
| Section 97 | Default powers |
| Part 6 | Miscellaneous and general |
| The Local Government (Miscellaneous Provisions) Act 1976 (c.57) | |
| Section 16 | Power of local authorities to obtain particulars of persons interested in land |
| Section 32 | Power of local authorities to execute works outside their area |
| Section 41 | Evidence of resolutions and minutes of proceedings, etc. |
| The Public Health (Control of Disease) Act 1984 (c.22) | |
| Section 45M and all functions conferred under the Health Protection (Part 2A Orders) Regulations 2010[^f00004] | Local authority power to apply to a justice of the peace for an order to protect human health from risk of infection or contamination |
| Section 46 | Burial and cremation |
| Section 48 | Removal of body to mortuary or for immediate burial |
| Food Safety Act 1990 (c.16) | |
| Part 2 | Food safety |
| Part 3 | Administration and enforcement |
| Environmental Protection Act 1990 (c.43) | |
| Part 3 | Statutory nuisances and clean air |
| Clean Air Act 1993 (c.11) | Provisions relating to air pollution |
| Health Protection (Local Authority Powers) Regulations 2010[^f00005] | |
| Regulation 2 | Requirement to keep a child away from school |
| Regulation 3 | Requirement to provide details of children attending school |
| Regulation 4 | Disinfection or decontamination of things on request of owner |
| Regulation 5 | Disinfection or decontamination of things on request of person with custody or control |
| Regulation 6 | Disinfection or decontamination of premises on request of owner of premises |
| Regulation 7 | Disinfection or decontamination of premises on request of tenant |
| Regulation 8 | Requests for cooperation for health protection purposes |
| Regulation 9 | Restriction of contact with dead bodies |
| Regulation 10 | Restriction of access to dead bodies |
| Regulation 11 | Relocation of dead bodies |
Signed
Signed by authority of the Secretary of State for Health
Jonathan Stopes-Roe — A member of the Senior Civil Service — Department of Health — 1st April 2010
Explanatory note
(This note is not part of the Order)
EXPLANATORY NOTE
This Order constitutes parts of the Ports of Cowes, Portsmouth and Southampton as the Southampton Port Health District and constitutes the City Council of Southampton to be the port health authority for that district. The Order confers upon the port health authority functions under general Acts relating to public health, food and control of pollution. The Order revokes the Southampton Port Health Authority Order 1990.
A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sector is foreseen.
Footnotes
[^f00001]: 1984 c.22. Section 3 was amended by the Food Safety Act 1990 (c.16), section 59(1) and Schedule 3, paragraph 26.
[^f00002]: 1952 c.67.
[^f00003]: S.I. 1990/83.
[^f00004]: S.I. 2010/658.
[^f00005]: S.I. 2010/657.
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