Statutory Instruments
2010 No. 1214
Port Health Authorities, England
The Bristol Port Health Authority Order 2010
Made
1st April 2010
Coming into force
6th April 2010
The Secretary of State for Health, in exercise of powers conferred by sections 2, 3 and 4 of the Public Health (Control of Disease) Act 1984( 1 ) makes the following Order.
The Secretary of State has given the notices required by sections 2 and 4 of that Act and has not received any notice of objection.
Citation, commencement, application and interpretation
1. β(1) This Order may be cited as the Bristol Port Health Authority Order 2010 and shall come into force on 6th April 2010.
(2) This Order applies in relation to England.
(3) In this Orderβ
βthe Actβ means the Public Health (Control of Disease) Act 1984;
βthe City of Bristolβ means the area of the District Council of the City of Bristol as defined by the Local Government Act 1972( 2 ) as existing at the date of the coming into force of this Order;
βthe Councilβ means the Council of the City of Bristol;
βthe District of North Somersetβ means the area as existing at the date of the coming into force of this Order previously known as the District of Woodspring as defined by the Local Government Act 1972 and renamed to North West Somerset by article 4 of the Avon (Structural Change) Order( 3 ) and further renamed to North Somerset in 1st April 1996 resolution; and
βthe Port of Bristolβ means the port of that name as established for the purposes of the enactments relating to customs and excise.
Port Health Authority
2. β(1) For the purposes of the Act, that part of the Port of Bristol together with the land and water described below to which this article applies shall be a port health district and the Council shall be the port health authority for that district.
(2) This article applies to that part of the Port of Bristol within an area bounded by an imaginary lineβ
(a) commencing at Wharf Point (latitude 51 0 29β58β North longitude 2 0 43β00β West) and from then drawn in a south-westerly direction along the line of mean high-water springs to the triangulation point near Ladye Point (latitude 51 0 27β09β North - longitude 2 0 51β04β West) in the district of North Somerset, then
(b) straight in a south-westerly direction to Sand Point (latitude 51 0 23β16β North - longitude 2 0 58β48β West), then
(c) straight in a south-westerly direction to the point off Brean Down at which latitude 51 0 20β00β North intersects longitude 3 0 03β13β West, then
(d) straight in a direction just north of west to the south-eastern extremity of Steep Holme (latitude 51 0 20β16β North - longitude 3 0 , 06β09β West), then
(e) in a westerly direction along the line of mean high-water springs to the western extremity of Steep Holme (latitude 51 0 20β22β North β longitude 3 0 06β52β West), then
(f) straight in a north-easterly direction to the point at which latitude 51 0 23β29β North intersects longitude 3 0 03β34β West, then
(g) in a straight line in a north-easterly direction to the point at which latitude 51 0 26β21β North intersects longitude 2 0 59β30β West, then
(h) due north along the meridian of 2 0 59β30β West to the point at which it is intersected by latitude 51 0 27β10β North, then
(i) straight in a north-easterly direction to the Beacon on Denny Island (latitude 51 0 31β30β North - longitude 2 0 46β46β West), then
(j) straight in a north-easterly direction to the point on the coast at which the level of mean high-water springs is intersected by latitude 51 0 33β00β North, and then
(k) in a south-westerly direction along the line of mean high-water springs to Wharf Point,
together withβ
(i) so much of the River Avon up to Hanham Mills as is not comprised within the area and all other rivers or parts of rivers, harbours, canals, pills and creeks within the City of Bristol;
(ii) the banks of the River Avon from its mouth up to Hanham Mills and the banks of all pills and creeks communicating directly with the said river together with a space of 4.57 metres in width on each of the banks immediately above high water mark of ordinary spring tides;
(iii) the Portishead Dock and the West Dock (commonly called the Royal Portbury Dock) and all docks and locks within or abutting;
(iv) all wharves within the City of Bristol; and
(v) the area within the gates of any dock and within the City of Bristol or the District of North Somerset.
Jurisdiction
3. The Council shall have jurisdiction as port health authority over all waters and land within the port health district.
Functions assigned to Port Health Authority
4. β(1) There are assigned to the Council as port health authority the functions, rights and liabilities of a local authority under the enactments specified in the Schedule to this Order, as far as they are applicable to a port health authority, and to any land, waters, premises, vessels or persons within its jurisdiction.
(2) For the purposes of the functions, rights and liabilities assigned to the Council by virtue of this Order, the enactments mentioned in the Schedule to this Order shall have effect as ifβ
(a) any vessel lying within the port health district were a house, building or premises; and
(b) the master or other officer or person in charge of the vessel were the occupier.
(3) Within that part of the port health district as described in article 2 which lies within the District of North Somerset the functions, rights and liabilities assigned shall only be exercised and subsist in relation to vessels, cargoes discharged from such vessels and the buildings to which such cargoes are directly discharged.
(4) There are assigned to the port health authority constituted by this Order the functions, rights and liabilities of a food authority under the Food Safety Act 1990( 4 ) so far as they are applicable to a port health authority.
(5) This article shall not apply to any vessel belonging to Her Majesty or to any vessel engaged in the service of Her Majesty, whether belonging to Her Majesty or not, or to any vessel belonging to the armed forces of any country to which the provisions of the Visiting Forces Act 1952( 5 ) apply by virtue of section 1 of that Act.
Revocations
5.The Bristol Port Health Authority Order 1987( 6 ) is revoked.
Signed by authority of the Secretary of State for Health
Jonathan Stopes-Roe
A member of the Senior Civil Service
Department of Health
1st April 2010
Article 4
SCHEDULE
Public Health Act 1936 (c.49) | |
Section 48 | Power to examine and test drains |
Sections 51 and 52 | Care of closets and sanitary conveniences |
Section 82 | Byelaws as to removal through streets of offensive matter or liquid |
Sections 83 to 86 | Filthy or verminous premises or articles and verminous persons |
Sections 140 and 141 | Provisions for the protection of the public from polluted water |
Part 12 | General |
Public Health Act 1961 (c.64) | |
Section 36 | Power to require vacation of premises during fumigation |
Slaughterhouses Act 1974 (c.3) | |
Part 1 | Slaughterhouses and knackersβ yards |
Control of Pollution Act 1974 (c.40) | |
Part 3 (except sections 70(2), (3) and (5) and 71) | Noise |
Sections 91 and 92 | Rights of entry and inspection, etc. |
Section 93 | Power of authorities to obtain information |
Section 94 | Prohibition of disclosure of information |
Section 97 | Default powers |
Part 6 | Miscellaneous and general |
The Local Government (Miscellaneous Provisions) Act 1976 (c.57) | |
Section 16 | Power of local authorities to obtain particulars of persons interested in land |
Section 32 | Power of local authorities to execute works outside their area |
Section 41 | Evidence of resolutions and minutes of proceedings, etc. |
The Public Health (Control of Disease) Act 1984 (c.22) | |
Section 45M and all functions conferred under the Health Protection (Part 2A Orders) Regulations 2010( 7 ) | Local authority power to apply to a justice of the peace for an order to protect human health from risk of infection or contamination |
Section 46 | Burial and cremation |
Section 48 | Removal of body to mortuary or for immediate burial |
Building Act 1984 (c. 55) | |
Section 76 | Defective premises |
Food Safety Act 1990 (c.16) | |
Environmental Protection Act 1990 (c.43) | |
Part 3 | Statutory nuisances and clean air |
Clean Air Act 1993 (c.11) | |
Noise and Statutory Nuisance Act 1993 (c.40) | |
The Animal By-Products Regulations 2005 ( 8 ) | |
Health Protection (Local Authority Powers) Regulations 2010 ( 9 ) | |
Regulation 4 | Disinfection or decontamination of things on request of owner |
Regulation 5 | Disinfection or decontamination of things on request of person with custody or control |
Regulation 6 | Disinfection or decontamination of premises on request of owner of premises |
Regulation 7 | Disinfection or decontamination of premises on request of tenant |
Regulation 8 | Requests for cooperation for health protection purposes |
Regulation 9 | Restriction of contact with dead bodies |
Regulation 10 | Restriction of access to dead bodies |
Regulation 11 | Relocation of dead bodies |
1984 c.22 . Section 3 was amended by the Food Safety Act 1990 (c.16) , section 59(1) and Schedule 3, paragraph 26.