The Woolwich Ferry Order 1989

Statutory Instruments

1989 No. 714

LONDON GOVERNMENT

The Woolwich Ferry Order 1989

Made

24th April 1989

Laid before Parliament

2nd May 1989

Coming into force

1st June 1989

The Secretary of State for Transport, in exercise of the powers conferred by section 101 of the Local Government Act 1985(1) , and of all other enabling powers, hereby makes the following Order:

1.  This Order may be cited as the Woolwich Ferry Order 1989 and shall come into force on 1st June 1989.

2.  In this Order –

“the Woolwich Ferry” means the ferry vested in the Secretary of State by virtue of article 7 of the Woolwich Ferry Order 1986(2).

3.  Part III of the London County Council (General Powers) Act 1894(3) (Explosives at Ferries – Enforcement of Byelaws) shall apply in relation to the Woolwich Ferry as if –

(a) in section 6 for the words “The Council” to “uniform” there were substituted the words:-

“The Secretary of State may in writing authorise any person appointed by him for the purpose to search any vehicles or packages and to open any packages tendered to him for transmission over any of his ferries or brought upon any piers, landing places or other ferry works of the Secretary of State and any person so authorised being in uniform”;

(b) in section 7 for the words “any officer of the Council authorised” there were substituted the words “any person authorised by the Secretary of State” and for the word “officer” in both places where it subsequently occurs there were substituted the words “person authorised”; and

(c) in the proviso to section 7 for the words “any officer of the Council” there were substituted the words “any person, other than a constable,” and for the words “the Council” there were substituted the words “the Secretary of State”.

4.—(1) Section 236(8) (Procedure, etc, for byelaws) of the Local Government Act 1972(4) shall apply in relation to orders made by virtue of article 4(1) of the Woolwich Ferry Order 1986 with the modification that for the words “A copy of the byelaws, when confirmed, shall be printed and deposited at the offices of the authority by whom the byelaws are made” there were substituted the words “A copy of the order shall be printed and deposited at the offices of the authority by whom the order is made”.

(2) The Woolwich Ferry Order 1986 shall be amended by the deletion of the provisions in columns 2 and 3 of the Schedule to that Order which are given the item number 8 in column 1 of that Schedule.

Paul Channon

Secretary of State for Transport

24th April 1989

Explanatory Note

(This note is not part of the Order)

This Order amends Part III of the London County Council (General Powers) Act 1894 headed “Explosives at Ferries – Enforcement of Byelaws” so that in relation to the Woolwich Ferry, which was vested in him by the Woolwich Ferry Order 1986, it is the Secretary of State who may authorise in writing persons to search vehicles and packages for explosives and other dangerous goods. Other references in that Part to officers authorised by the Council (ie the Greater London Council) are amended so as to refer to persons authorised by the Secretary of State.

The Schedule to the Woolwich Ferry Order 1986 sets out certain modifications to sections 236 to 238 of the Local Government Act 1972. The modification to section 236(8) of that Act is clarified in article 4 of this Order and the provisions originally effecting that modification in the Schedule to the 1986 Order are deleted.

(1)

1985 c. 51.

(2)

S.I. 1986/330.

(3)

1894 c.ccxii; Part III was amended by S.I. 1965/540, article 4 and Schedule 2, and is to be read with S.I. 1986/330, article 5; section 7 in Part III in so far as it enables a constable to arrest a person for an offence without a warrant has, by virtue of the Police and Criminal Evidence Act 1984 (c. 60), section 26(1), ceased to have effect.

(4)

1972 c. 70.