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Statutory Instruments

1988 No. 1940

HARBOURS, DOCKS, PIERS AND FERRIES

The Southampton (Pilotage) Harbour Revision Order 1988

Made

22nd September 1988

Coming into force

31st October 1988

Whereas an objection to this Order has been made and not withdrawn and the Secretary of State for Transport is required, in accordance with the procedure prescribed in paragraph 4A of Schedule 3 to the Harbours Act 1964(1), to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 person opposing the Order;

And whereas this Order shall come into force 28 days after the giving of such notice unless such person gives notice to the Secretary of State that he maintains his opposition to the Order, and his opposition is not withdrawn before that date, in which case it shall come into force at such time as prescribed in the Statutory Orders (Special Procedure) Act 1945(2);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) and of all other powers enabling him in that behalf, and on the application of Associated British Ports 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 Southampton (Pilotage) Harbour Revision Order 1988.

Interpretation

2.  In this Order—

“the harbour” means the limits of the Port of Southampton, as defined in section 5 of the Southampton Harbour Act 1887(5), as that section has effect in accordance with section 16 of the British Transport Docks Act 1972(6), and excluding the navigation as defined in the said section 16;

“the 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 office of the Port Director of Associated British Ports at Dock House, Canute Road, Southampton, SO9 1PZ.

Extension of limits of jurisdiction for purposes of pilotage

3.  The limits within which Associated British Ports shall have jurisdiction for the purposes of pilotage under Part I of the Pilotage Act 1987 shall include (in addition to the harbour) the eastern and southern added areas, the boundaries of which are shown in red on the signed plan and described respectively in Parts I and II of the Schedule to this Order.

Paul Channon

Secretary of State for Transport

22nd September 1988

SCHEDULE

Part I—the eastern added area

So much of the Solent as is bounded by an imaginary line drawn as follows:—

(a)from the level of high water at Old Castle Point in the district of Medina (position latitude 50°45'.941 North, longitude 01°16'.553 West) in a north north-easterly direction for a distance of 6086 metres and thence along the boundary of the existing area of jurisdiction to a point on the level of high water at Hill Head in the district of Fareham (position latitude 50°48'.983 North, longitude 01°14'.583 West);

(b)from the position last mentioned in paragraph (a) along the level of high water to Gilkicker Point on the western side of the entrance to Portsmouth Harbour (position latitude 50°46'.402 North, longitude 01°08'.368 West);

(c)from the position last mentioned in paragraph (b) to the Outer Spit Buoy (position latitude 50°45'.547 North, longitude 01°05'.410 West);

(d)from the position last mentioned in paragraph (c) to the Horse Sand Fort (position latitude 50°44'.972 North, longitude 01°04'.253 West);

(e)from the position last mentioned in paragraph (d) to the Chichester Bar Beacon, (position latitude 50°45'.890 North, longitude 00°56'.390 West);

(f)from the position last mentioned in paragraph (e) to a point on the level of high water due south of Selsey Bill in the district of Chichester, (position latitude 50°43'.197 North, longitude 00°47'.228 West);

(g)from the position last mentioned in paragraph (f) to a point one nautical mile due south of that position (position latitude 50°42'.197 North, longitude 00°47'.228 West);

(h)from the position last mentioned in paragraph (g) to a point south of Nab Tower (position latitude 50°40' North, longitude 00°57' West);

(i)from the position last mentioned in paragraph (h) to a point on the level of high water at Culver Cliff in the district of South Wight (position latitude 50°40' North, longitude 01°05'.653 West);

(j)from the position last mentioned in paragraph (i) along the level of high water to the point of commencement at Old Castle Point mentioned in paragraph (a).

Part II—the southern added area

So much of the Solent as is bounded by an imaginary line drawn as follows:—

(a)from the level of high water at Egypt Point in the district of Medina (position latitude 50°46' North longitude 01°18'.75 West) in an easterly direction to where latitude 50°46' North intersects the boundary of the eastern added area (position latitude 50°46' North longitude 01°16'51 West);

(b)from the position last mentioned in paragraph (a), in a north-easterly direction along the boundary of the eastern added area for a distance of 142 metres to a point on the boundary of the existing area of jurisdiction (position latitude 50°46'.07 North, longitude 01°16'.46 West);

(c)from the position last mentioned in paragraph (b) in a northerly direction, then in a west north-westerly direction, then in a west south-westerly direction, and then in a south westerly direction along the boundary of the existing area of jurisdiction to the point of commencement mentioned in paragraph (a) above.

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 competent 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 Associated British Ports at Southampton for pilotage purposes under Part I of the Pilotage Act 1987 so as to include two additional areas outside the Harbour in respect of which Associated British Ports considers that pilotage should be compulsory.

The applicants for this Order are Associated British Ports.

(1)

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

(2)

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

(3)

S.I. 1981/238.