Mersey Docks and Harbour Company (Langton River Berth) Harbour Revision Order 2002
| Jurisdiction | UK Non-devolved |
2002 No. 3127
HARBOURS, DOCKS, PIERS AND FERRIES
The Mersey Docks and Harbour Company (Langton River Berth) Harbour Revision Order 2002
Made 17th December 2002
Coming into force 31th December 2002
Whereas The Mersey Docks and Harbour Company has applied for a harbour revision order under section 14 of the Harbours Act 19641;
And whereas objections to the application made pursuant to paragraph 10(2) of Schedule 3 to that Act have been withdrawn;
And whereas the Secretary of State is satisfied as mentioned in subsection (2)(b) of the said section 14;
Now, therefore, the Secretary of State (being the appropriate Minister under subsection (7) of the said section 142), in exercise of the powers conferred by that section and now vested in him3, and of all other powers enabling him in that behalf, hereby makes the following Order:
Citation and commencement
1.—(1) This Order may be cited as the Mersey Docks and Harbour Company (Langton River Berth) Harbour Revision Order 2002 and shall come into force on 31st December 2002.
(2) The Mersey Docks and Harbour Acts and Orders 1857 to 1992 and this Order may be cited together as the Mersey Docks and Harbour Acts and Orders 1857 to 2002.
Interpretation
2.—(1) In this Order—
“the Company” means The Mersey Docks and Harbour Company;
“deposited plan and sections” means the plan and sections prepared in triplicate, signed by the Head of Ports Division in the Department for Transport and marked “The Mersey Docks and Harbour Company (Langton River Berth) Harbour Revision Order 2002”, of which two copies have been deposited at the Department and one copy has been deposited at the offices of the Company;
“the Dock Act 1848” means the Liverpool Docks Act 18484;
“existing enactments” means The Mersey Docks and Harbour Acts and Orders 1857 to 1992;
“limits of deviation” means the limits of deviation shown on the deposited plan;
“the port” means the port of Liverpool as defined in the 1971 Act (including all land within the ring ownership boundary as defined in section 11 of the Mersey Docks and Harbour Board Act 1971)5;
“relevant work” means so much of any work authorised by this Order as is on, under or over the waters of the port;
“subsidiary” has the same meaning as in section 736 of the Companies Act 19856;
“the 1906 Act” means the Mersey Docks and Harbour Board Act 19067;
“the 1961 Act” means the Land Compensation Act 19618;
“the 1971 Act” means the Mersey Docks and Harbour Act 19719;
“Trinity House” means the Corporation of Trinity House of Deptford Strond;
“works” means the works authorised by this Order or, as the case may require, any part thereof.
(2) This Order shall be read as if the words “or thereabouts” were inserted after each distance mentioned in article 3.
(3) Except in article 7(1) map reference points specified in this Order are Ordnance Survey National Grid reference points.
(4) References in the existing enactments to the undertaking of the Company shall be construed as including references to any works carried on by the Company or any of its subsidiaries under or by virtue of this Order.
Power to construct works
3.—(1) Subject to the provisions of this Order, the Company may in the port and in the situations and lines and within the limits of deviation and according to the levels shown on the deposited plan and sections construct and maintain the works hereafter described, together with all necessary and proper works and conveniences connected with or incidental thereto, that is to say—
Work No. 1.—A rock berm along the toe of the river wall over a length of 310 metres commencing at a point at 332760, 394741 proceeding thence in a southerly direction, terminating at a point at 332894, 394462.
Work No. 2.—An approach bridge of structural steelwork and/or reinforced concrete deck on tubular piles to the second deck of the linkspan, commencing at a point on the quay edge, at a point at 332876, 394513, proceeding thence in a south westerly direction for 40 metres and terminating at a point at 332867, 394487.
Work No. 3.—An approach bridge of structural steelwork and/or reinforced concrete deck on tubular piles to the first deck of the linkspan, commencing at a point on the quay edge, at a point at 332896, 394490, proceeding thence in a westerly direction for 35 metres and terminating at a point at 332869, 394471.
Work No. 4.—A twin deck linkspan providing berth and associated facilities for vessels including a series of dolphins of structural steelwork and/or reinforced concrete deck on tubular piles, with interlinking walkways commencing at the termination of Work No. 2 (332867, 394487) proceeding thence in a south westerly direction for 325 metres and terminating at a point at 332903, 394163.
(2) The Company may within the limits of deviation alter, replace, relay or reconstruct the works and may maintain the same as altered, replaced, relaid or reconstructed.
Period for completion of works
4. If the works are not completed within 10 years from the coming into force of this Order, the powers by this Order granted to the Company for constructing the works shall cease except as to so much thereof as is then substantially commenced.
Subsidiary works
5. Subject to the provisions of this Order, the Company may from time to time, within the limits of deviation, construct and maintain all such necessary works and conveniences, and take such measures, as may be requisite or expedient for the purposes of or in connection with the construction, maintenance and use of the works.
Power to deviate
6. In constructing the works the Company may deviate laterally from the lines or situations thereof shown on the deposited plan to the extent of the limits of deviation and may deviate vertically from the levels shown on the deposited sections to any extent upwards or downwards.
Temporary closure
7.—(1) Notwithstanding anything...
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