Modifications etc. (not altering text)
C1Pt. I (ss. 1-9) modified (7.8.1991) by S.I. 1991/1773, art. 8(2)(3), Sch.2
Pt. I (ss. 1-9) modified (10.1.1992) by S.I. 1991/2913, art. 8(2)(3), Sch.2
C2Pt. I (ss. 1-9): certain functions transferred (7.8.1991) by S.I. 1991/1773, art. 8(1)(3), Sch.2
Pt. I (ss. 1-9): certain functions transferred (10.1.1992) by S.I. 1991/2913, art. 8(1)(3), Sch.2
(1)In this Act, “port” means—
(a)a port as appointed for the purposes of the enactments for the time being in force relating to customs or excise other than the Port of London, or
(b)the Port of London.
(2)In this Act, subject to section 8(2)
below, “riparian authority”, in relation to a port of a port, means—
(a)any local authority whose district, or any part of whose district, forms part of, or abuts on, that port or part of a port, and
(b)any conservators, commissioners or other persons having authority in, over or within that port or part of a port.
(3)Subject to the provisions of this section, the Secretary of State may be order made by statutory instrument constitute a port health district either—
(a)consisting of any area, being a port or part of a port other than the Port of London, or of two or more such areas, or
(b)consisting of such an area, or of two or more such areas, together with so much (being either the whole or any part or parts) of the district or districts of one or more riparian authorities as (not being comprised in that area or any of those areas, as the case may be) is specified in the order.
(4)An order under this section constituting a port health district may either—
(a)constitute one riparian authority the port health authority for the district, or
(b)constitute a joint board, consisting of representatives of two or more riparian authorities, to be the port health authority for the district.
(5)A joint board so constituted a port health authority shall be a body corporate by such name as may be determined by the order constituting the port health district:
(6)Where the Secretary of State proposes to make an order under this section, he shall give notice of the proposal to every riparian authority who will under the order be liable to contribute to the expenses of the port health authority.
(7)If, within 28 days after notice has been given to any such riparian authority under subsection (6) above, they give notice to the Secretary of State that they object to the proposal and the objection is not withdrawn, any order made by the Secretary of State which will impose any such liability on that authority shall be subject to special parliamentary procedure.
(8)All expenses of, and incidental to, the constitution of a port health district shall be payable by the port health authority.
(9)So far as those expenses are expenses incurred by the Secretary of State, their amount as certified by him shall be recoverable by him from the authority as a debt due to the Crown.
Subordinate Legislation Made
P1S. 2: s. 2 (with ss. 3 and 4) power exercised by S.I. 1991/1773.
S. 2: for previous exercises of this power see Index to Government Orders
S. 2: s. 2 (with ss. 3 and 4) power exercised (02.12.1991) by S.I.1991/2913.
Modifications etc. (not altering text)
C3S. 2 excluded (16.5.2008) by London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), arts. 1, 56 (with arts. 41(1), 45, 54(2), 55, 56, 57, 58(6))