The Associated British Ports (Immingham Eastern Ro-Ro Terminal) Development Consent Order 2024

Incorporation of the 1847 Act

4.—(1) With the exception of sections 5 to 25, 30, 35, 36, 38, 39, 43, 47 to 50, 53 to 55, 59 to 64, 66, 67, 69, 71 to 73, 77 to 102 and 104, the 1847 Act is incorporated in this Order, subject to the modifications stated in sub-paragraph (2).

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

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

(b) the expression “the harbour, dock, or pier” means the authorised development;

(c) the expression “the harbour master” means, in relation to the authorised development, the dock master;

(d) the meaning assigned to the word “vessel” by section 3 of the 1847 Act is replaced by the definition of “vessel” contained in article 2(1); and

(e) 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.