Statutory Instruments

1989 No. 1407

HARBOURS, DOCKS, PIERS AND FERRIES

The Port of Tyne (Pilotage) Harbour Revision Order 1989

Made

26th June 1989

Coming into force

27th July 1989

Whereas objections to the application of this Order have been duly made and not withdrawn and the Secretary of State for Transport is required, in accordance with the procedure prescribed in paragraph 4A of Schedule 3 to the Harbours Act 1964(1), to give notice of the making of this Order and its effect to the persons opposing the Order:

And whereas this Order shall come into force 28 days after the giving of such notice unless such persons within that period give notice to the Secretary of State that they maintain their opposition to the Order, and their opposition is not withdrawn within that period, in which case it shall come into force at such time as is prescribed by the Statutory Orders (Special Procedure) Act 1945(2);

Now therefore, the Secretary of State for Transport in exercise of the powers conferred by section 14 of the Harbours Act 1964 and now vested in him(3) (being the appropriate Minister under section 14(7) of that Act for the purpose of making this Order) and of all other powers enabling him in that behalf, and on the application of the Port of Tyne Authority in accordance with section 7(5) of the Pilotage Act 1987(4), hereby makes the following Order:-

Citation

1. This Order may be cited as the Port of Tyne (Pilotage) Harbour Revision Order 1989.

Interpretation

2. In this Order-

"the Authority" means the Port of Tyne Authority;

"the Port" has the same meaning as in the Port of Tyne Reorganisation Scheme 1967(5);

"signed plan" means the plan signed in triplicate by an Under Secretary in the Department of Transport, two copies of which have been deposited at that Department and one copy of which has been deposited at the offices of the Authority situated in Bewick Street, Newcastle upon Tyne, NE1 5HS.

Extension of limits of jurisdiction for purposes of pilotage

3. The limits within which the Authority shall have jurisdiction for the purposes of pilotage under Part I of the Pilotage Act 1987 shall include (in addition to the Port) the area coloured pink on the signed plan, being so much of the area outside the Port as lies within a radius of three nautical miles from each of the roundheads of the North and South Piers in the Port and to the east of a line with the lighthouse on the South Pier roundhead bearing 179° true and to the north of a line with from the lighthouse on the South Pier roundhead bearing 288° true.

Paul Channon

Secretary of State for Transport

26th June 1989

Explanatory Note

(This note is not part of the Order)

By virtue of section 7(5) of the Pilotage Act 1987 a direction given by a harbour authority for the purpose of making pilotage compulsory for ships navigating in a specified area shall not apply to any area which is outside the authority's harbour unless the limits of jurisdiction of the authority for pilotage purposes have been extended to cover that area.

This Order accordingly extends the limits of jurisdiction of the Port of Tyne Authority for pilotage purposes under Part I of the Pilotage Act 1987 so as to include an area outside the Port in respect of which the Authority considers that pilotage should be compulsory.

The applicant for this Order is the Port of Tyne Authority.

(1)

1964 c. 40; section 14 and Schedule 3 were amended by the Transport Act 1981 (c. 56), section 18 andSchedule 6, paragraphs 2 to 4.

(2)

1945 c. 18, as amended by the Statutory Orders (Special Procedure) Act 1965 (c. 43).

(3)

See section 57(1) of the Harbours Act 1964 and S.I. 1981/238.

(4)

1987 c. 21.

(5)

S.I. 1968/942.