The Associated British Ports (Immingham Outer Harbour) Harbour Revision Order 2004

Incorporation of Act of 1847

3.—(1) The 1847 Act, except sections 6 to 13, 16 to 23, 25, 48 to 50, 77 to 80, 83 to 90, 97 to 99 and 101, so far as applicable for the purposes of and not inconsistent with this Order, is incorporated with and forms part of this Order.

(2) For the purposes of the 1847 Act, as so incorporated—

(i) the expression “the special Act” means this Order;

(ii) the expression “the harbour, dock, or pier” means the works;

(iii) the expression “the harbour master” means, in relation to the works, the Dock Master;

(iv) for the meaning assigned to the word “vessel” by section 3 of the 1847 Act there shall be substituted the definition of the word “vessel” contained in article 2(1) above; and

(v) section 53 of the 1847 Act shall not be construed as requiring the harbour master to serve upon the master of a vessel a notice in writing of his directions but such directions may be given orally or otherwise communicated to such master;

Provided that a notice which is not in writing shall not be deemed to be sufficient unless in the opinion of the court before which any case may be heard it was not reasonably practicable to serve a written notice on the master of the vessel.