The Heysham Port Health Authority Order 2011

JurisdictionUK Non-devolved

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 19841.

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 interpretation

Citation, 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.

S-2 The Port Health District

The 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.

S-3 Port Health Authority

Port Health Authority

3. The Council shall be the port health authority for the port health district.

S-4 Jurisdiction

Jurisdiction

4. The Council shall have jurisdiction as port health authority over all waters and land within the port health district.

S-5 Functions assigned to Port Health Authority

Functions 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 19522apply by virtue of section 1 of that Act.

S-6 Revocation

Revocation

6. The Lancaster Port Health Authority Order 19803is 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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