The Port of Tyne Harbour Revision Order 2026

Part 1

PRELIMINARY

Citation, commencement and extent

1. -(1) This Order may be cited as the Port of Tyne Harbour Revision Order 2026 and comes into force on 5th November 2026.

• (2) This Order extends to England and Wales.

Incorporation of provisions of Harbours, Docks and Piers Clauses Act 1847

3. -(1) The 1847 Act, except sections 6 to 20, 22 to 26, 28 to 32, 35, 37, 38, 41, 42, 49, 50, 54, 55, 59 to 62, 66, 67, 69 to 73, 75, 77, 84 to 92 and 97 to 102, is incorporated with this Order, so far as applicable to the purposes and not inconsistent with the provisions of this Order.

(2) The incorporation of the 1847 Act under paragraph (1) is subject to the modifications stated in paragraphs (3) to (8).

(3) In section 3 (interpretation), for the definition of the word 'vessel' substitute the definition of that word in article 2(1) of this Order.

(4) In section 53 (penalty on shipmasters not complying with directions of the harbour master)-

• (a) for 'level 2' substitute 'level 4';
• (b) the reference to 'notice' of a direction served by the harbour master is not to be construed as requiring the notice to be in writing and may include the communication of the notice orally or otherwise.

(5) In section 63 (penalty on vessels lying near the entrance of harbour or dock without permission), for 'liable to' to the end of the section substitute 'guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale'.

(6) In section 74 (owner of vessel answerable for damage to works), omit from 'provided always' to the end of the section.

(7) In section 83 (byelaws may be made for all or any of the purposes herein named), omit from 'and such byelaws' to the end of the section.

(8) In construing the provisions of the 1847 Act-

• (a) 'the special Act' means this Order;
• (b) 'the undertakers' means the Authority;
• (c) 'the harbour, dock, or pier' means the port.

(9) The 1847 Act ceases to be incorporated with the 1886 Act, the 1897 Act, the Tyne Improvement Act 1907, the 1925 Act, the Tyne Improvement Act 1929 and the 1934 Act.

(10) Insofar as the 1847 Act is incorporated with the 1957 Act or the 1967 Scheme, any such incorporation ceases to have effect and instead is replaced by the provisions of paragraphs (1) to (8)...

Part 2

CONSTITUTION OF THE AUTHORITY

Constitution of the Authority

5. -(1) Subject to articles 6 (transitional arrangements), 7 (terms of office of subsequent members), 8 (declaration to be made by members) and 9 (casual vacancies), the Authority consists of-

• (a) a chair and three other members appointed by the Secretary of State;
• (b) five other members appointed by the Authority;
• (c) the Chief Executive; and
• (d) two other full-time officers of the Authority appointed by the chair after consultation with the Chief Executive.

(2) Each member appointed under paragraphs (1)(a) and (b) must be a person who appears to the Authority or the Secretary of State to have special knowledge, experience or ability appropriate to the efficient, effective and economic discharge by the Authority of its port functions...

Part 3

PORT JURISDICTION AND GENERAL FUNCTIONS

Port jurisdiction

13. -(1) The Authority exercises jurisdiction as a harbour authority, and the powers of the harbour master are exercisable, within the port, the limits of which are described in Schedule 3 (limits of port).

(2) In the event of any discrepancy between the descriptions of the port referred to in Schedule 3 (limits of port) and the boundaries shown on the port limits map and the port premises map, or any illustrative plan required under paragraph (4)(b), the descriptions in question prevail over the said maps or plan.

(3) The port premises shown on the port premises map are deemed to be operational land within the meaning and for the purposes of the Town and Country Planning Act 1990.

(4) The Authority must keep and make available for inspection at the port office and on the port website-

• (a) the port limits map; and
• (b) the port premises map and, in the event of any alterations to the extent of the port premises, an illustrative plan reflecting the extent of those alterations.

Part 4

FINANCES

Borrowing

17. -(1) The Authority, or a subsidiary of the Authority, may borrow, by any methods it sees fit, such sums of money as it thinks necessary for the purposes of the port undertaking.

(2) A sum of money borrowed under paragraph (1) by the Authority, or any subsidiary of the Authority, may be borrowed upon the security of some or all of-

• (a) its assets;
• (b) its revenues;
• (c) a combination of its assets and revenues.

(3) The Authority, or a subsidiary of the Authority, may effect such arrangements as it thinks fit to mitigate against any financial risk incurred in the exercise of its powers under paragraph (1).

Part 6

GENERAL DIRECTIONS AND SPECIAL DIRECTIONS

Power to give general directions as to the use of the port, etc.

29. -(1) The Authority may, in accordance with the requirements of article 30 (procedure for giving, amending or revoking general directions), give a general direction for all or any of the following purposes-

• (a) the ease, convenience or safety of navigation;
• (b) the safety of persons;
• (c) the protection of property, flora or fauna;
• (d) the ease, convenience or safety of port operations ashore,

within the port.

Special directions

32. -(1) The harbour master may give a special direction in respect of a vessel anywhere in the port for any of the following purposes-

• (a) requiring a person to comply with a requirement made in or under a general direction;
• (b) regulating or requiring the movement, anchorage, berthing, mooring or unmooring of the vessel;
• (c) regulating the loading, discharging, storing and safeguarding of its cargo, fuel, water or stores, and the dispatch of its business at the port premises;
• (d) specifying the precautions to be taken in respect of apparatus, machinery and equipment;
• (e) prohibiting, extinguishing or restricting the use of fires or lights;
• (f) regulating the discharge or use of ballast;
• (g) requiring the removal of the vessel from any part of the port if the vessel-
• (i) is on fire,
• (ii) is in such condition as to be liable to become immobilised or waterlogged, to sink or to constitute a danger to life (including wildlife) or property...

(5) Special directions and directions given under section 52 of the 1847 Act by the harbour master prevail over general directions given, or byelaws made, by the Authority in the event of a conflict.

Part 7

MISCELLANEOUS AND GENERAL

Advisory bodies

38. -(1) The Authority must establish one or more advisory bodies which the Authority must, except in an emergency, consult on all matters which the Authority considers substantially affect the management, maintenance, improvement, conservation, protection or regulation of the port and its navigation.

(2) The Authority must make arrangements for every advisory body established under this article to meet at least twice a year.

(3) The Authority must take into consideration within a reasonable period any matter, recommendation or representation which may be referred or made to it by an advisory body...

Licensing of works

53. -(1) The Authority may upon such terms and conditions as it thinks fit grant to any person a licence to construct, maintain, alter, renew or extend any works in the port on, under, in or over tidal waters or land below the level of high water, notwithstanding that the works as constructed, maintained, altered, renewed, or extended interfere with the public right of navigation or any other public right.