2010 No. 1217
The Portsmouth Port Health Authority Order 2010
Made
Coming into force
The Secretary of State for Health, in exercise of powers conferred by sections 2, 3 and 4 of the Public Health (Control of Disease) Act 19841 makes the following Order.
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 interpretation1
1
This Order may be cited as the Portsmouth 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 curtilage of a dock, harbour and marina;
“the Council” means Portsmouth City Council; and
“the Port of Portsmouth” means the port of that name established for the purposes of the enactments relating to customs and excise.
4
The riparian authorities specified for the purposes of this Order are the Council, Gosport Borough Council, Havant Borough Council, Fareham Borough Council 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 Authority2
1
For the purposes of the Act the parts of the Port of Portsmouth 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 Portsmouth and the land and water which lies within the area bounded—
a
by a line—
i
from Ordnance Survey reference point SZ606975 (Gilkicker Point) south-south-west to Ordnance Survey reference point SZ594937 (the northerly point of the pier at Ryde), then
ii
east to Ordnance Survey reference point SZ641938 (No Man’s Land Fort), then
iii
north-east to Ordnance Survey reference point SZ730984 (point on the foreshore opposite the southern end of Rails Lane, Hayling Island);
b
by the mean high water line along the coast between Ordnance Survey reference point SZ730984 (a point on the foreshore opposite the southern end of Rails Lane, Hayling Island) westwards and via Langstone Harbour to Ordnance Survey reference point SZ730043 (the north-eastern tip of Northney Marina, Hayling Island);
c
by a line from Ordnance Survey reference point SZ730043 (the north-eastern tip of Northney Marina north-west to Ordnance Survey reference point SZ725053 (a point on the foreshore opposite the southern end of Pook Lane, Warblington);
d
by the mean high water line between Ordnance Survey reference point SZ725053 (a point on the foreshore opposite the southern end of Pook Lane, Warblington) and Ordnance Survey reference point SZ606975 (Gilkicker Point),
together with
aa
all docks, harbours and marinas, including the approaches to them; and
bb
as far as the tide flows, all rivers, canals, bays, creeks, streams, channels, waters and watercourses,
giving onto the area specified in this article.
Jurisdiction3
The Council shall have jurisdiction as port health authority over all waters and land within the port health district.
Functions assigned to the port health authority4
1
There are assigned to the Council as port health authority the functions, rights and liabilities of 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 19522 apply by virtue of section 1 of that Act.
Revocations5
The Portsmouth Port Health Authority Order 19903 is revoked.
Signed by authority of the Secretary of State for Health
SCHEDULE
Public Health Act 1936 (c.49) | |
Section 45 | Buildings have defective closets |
Section 48 | Power to examine and test drains |
Section 50 | Overflowing and leeking cesspits |
Sections 51 and 52 | Care of closets and sanitary conveniences |
Section 81 | Byelaws for the prevention of certain nuisances |
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 |
Prevention of Damage by Pests Act 1949 (c.55) | |
Section 4 | Treatment for rats and mice |
Section 6 | Remediation in groups of premises |
Public Health Act 1961 (c.64) | |
Section 36 | Power to require vacation of premises during fumigation |
Section 73 | Derelict petrol tanks |
Local Government Act 1972 (c.70) | |
Sections 120, 121, 123 and 128 to 131 | Land transactions |
Section 135 | Contracts |
Sections 222 and 223 | Legal proceedings |
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) | Noises |
Sections 91 and 92 | Rights of entry and inspection, etc. |
Section 93 | Power of authorities to obtain information |
Section 94 | Prohibiton 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 authorioties to obtain particulars of persons interested in land |
Section 27 | Power to repair drains and to remedy stopped up drains |
Section 29 | Protection of buildings |
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 20104 | 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 48 | Removal of body to mortuary or for immediate burial |
Building Act 1984 (c.55) | |
Food Safety Act 1990 (c.16) | |
Environmental Protection Act 1990 (c.43) | |
Part 3 | Statutory nuisances and clean air |
Water Industry Act 1991 (c.56) | |
Sections 77 to 79 | Local authority functions |
Clean Air Act 1993 (c.11) | Provisions relating to air pollution |
Health Protection (Local Authority Powers) Regulations 20105 | |
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 |
(This note is not part of the Order)