UNITED KINGDOM STATUTORY INSTRUMENT
2011 No. 2197
Port Health Authorities, England
The Heysham Port Health Authority Order 2011
Made 25th August 2011
Coming into force 26th August 2011
The Secretary of State for Health makes the following Order in exercise of powers conferred by sections 2, 3 and 4 of the Public Health (Control of Disease) Act 1984.
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.
S-1
Citation, commencement, application and interpretationCitation, commencement, application and interpretation
1.—(1) This Order may be cited as the Heysham Port Health Authority Order 2011 and shall come into force on 26th August 2011.
(2) This Order applies in relation to England.
(3) In this Order—
“the Act” means the Public Health (Control of Disease) Act 1984;
“the Council” means Lancaster City Council; and
“the Port of Heysham” means the port of that name established for the purposes of the enactments for the time being enforced relating to customs or excise.
(4) References in this Order to reference points shall be construed as references to National Grid reference points.
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The Port Health DistrictThe Port Health District
2.—(1) For the purposes of the Act, the part of the Port of Heysham described in paragraph (2) together with the land and water described in paragraph (3) shall be a port health district.
(2) The part of the Port of Heysham which is described in this paragraph lies within the boundary that—
(a)
(a) begins at the point where the Council’s boundary meets the coast near Wrampool Bridge (grid reference SD42375026) and runs from that point to the seaward end of the Council’s boundary in the Lune Channel at grid reference SD36065390;
(b)
(b) then runs north of grid reference SD36065390 up to the seaward end to grid reference SD40427544 following the Council’s boundary;
(c)
(c) then runs from grid reference SD40427544 in a line drawn to grid reference SD42707462;
(d)
(d) then runs from grid reference SD42707462 in a line drawn to grid reference SD42757609;
(e)
(e) then runs from grid reference SD42757609 in a line drawn to Cove House at grid reference SD45417570;
(f)
(f) then runs following the costal line from Cove House at grid reference SD45417570 to Wrampool Bridge (grid reference SD42375026),
and includes the River Lune as far as the Greyhound Bridge (grid reference SD47626216).
(3) The land and water described in this paragraph are such part of the district of the Council as is adjacent to or abuts on the waters of the part of the Port of Heysham described in paragraph (2) and which comprises the whole of any wharf and of the area within the gates of any dock and the buildings upon it.
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Port Health AuthorityPort Health Authority
3. The Council shall be the port health authority for the port health district.
Jurisdiction
4. The Council shall have jurisdiction as port health authority over all waters and land within the port health district.
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Functions assigned to Port Health AuthorityFunctions assigned to Port Health Authority
5.—(1) There are assigned to the Council as port health authority the functions, rights and liabilities of a local authority or a food authority under the enactments specified in the Schedule, 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 shall have effect as if—
(a)
(a) any vessel lying within their jurisdiction were a house, building or premises and
(b)
(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 1952apply by virtue of section 1 of that Act.
Revocation
6. The Lancaster Port Health Authority Order 1980is revoked.
Jonathan Stopes-Roe
A member of the Senior Civil Service
Department of Health
25th August 2011
SCHEDULE
Article 5
Functions assigned to the Council as Port Health Authority
Public Health Act 1936 (c.49) |
|
Section 1(1) (insofar as it relates to sections 45, 49-50, 83, 262 and 264) |
Duty to enforce the Act |
Section 45 |
Buildings with defective closets |
Section 48 |
Power to examine and test drains |
Section 49 |
Rooms over closets |
Section 50 |
Overflowing and leaking cesspits |
Section 81 |
Byelaws for the prevention of certain nuisances |
Section 82 |
Byelaws as to removal through streets of offensive matter or liquid |
Sections 83-86 |
Filthy or verminous premises or articles and verminous persons |
Section 140 |
Provisions for the protection of the public from polluted water |
Sections 260, 262 and 264-265 |
Provisions relating to watercourses, ditches and culverts |
Section 268(4) |
Byelaws relating to nuisances arising from tents, vans, boats, etc. |
Part 12 |
Miscellaneous provision (including powers of entry) |
Public Health Act 1961 (c.64) |
|
Section 36 |
Power to require vacation of premises during fumigation |
Section 73 |
Derelict petrol tanks |
Slaughterhouses Act 1974 (c.3) |
|
Part 1 |
Slaughterhouses and knackers’ yards |
Control of Pollution Act 1974 (c.40) |
|
Part 3 |
Noise |
Part 5 |
Powers of entry and inspection, obtaining information and default powers |
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. |
Public Health (Control of Disease) Act 1984 (c.22) |
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