HC Deb 02 July 1982 vol 26 cc1184-5

Lords amendment: No. 104, after clause 34 insert new clause I: I.—(1) In section 2(2) of the Public Health Act 1936 (constitution of port health district under port health authority)—

  1. (a) for the words "(i) constitute a port health district consisting of there whole or part of a port" the shall be substituted the words "constitute a port health district consisting of any area, being a port or part of a port, or of two or more such areas, or consisting of such an area or 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"; and
  2. (b) paragraph (ii) shall be omitted.
(2) In section 3(1)(a) of that Act (which specifies the waters and land over which a port health authority is to have jurisdiction) for the words from "waters" to "so specified" there shall be substituted the words "waters and land within the port health district".

(3) In section 41 of the London Government Act 1963 (port health authority for the Port of London)—

  1. (a) in subsection (1), after the words "Port of London" there shall be inserted the words "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 the Port of London) may be specified in an order made by the Secretary of State";
  2. (b) in paragraph (a) of that subsection, for the words from "waters" to the end of the paragraph there shall be substituted the words "waters and land within that port health district";
  3. (c) in paragraph (c) of that subsection, for the words from "mentioned in paragraph (a)" to "so mentioned" there shall be substituted the words "and land within that port health district"; and
  4. (d) at the end of the section there shall be added the following subsection: —
(4) In this section "riparian authority" means a riparian authority within the meaning of Part I of the Public Health Act 1936 as amended by subsection (3) of this section.". (4) The amendments made by subsections (1) to (3) above shall not affect the validity of any order made under section 2(2) of the Public Health Act 1936, or under section 41 of the London Government Act 1963, before the passing of this Act; but the power conferred by section 9(2) of the said Act of 1936, or by section 90 of the said Act of 1963, to amend or vary orders shall include power to amend or vary any order so made so as to have effect in accordance with the provisions of the Act in question as amended by this section."

Mr. Raison

I beg to move, That this House doth agree with the Lords in the said amendment.

The amendment is designed to effect two administrative improvements. The Secretary of State will be able to constitute one "riparian authority" port health authority for a port health district comprising the whole or part of one or more "customs port" instead of a joint board as hitherto. Secondly, the amendment clarifies that, in order to carry out their functions, port health authorities have jurisdiction over parts of the district of the riparian authorities. The amendment will ensure that the whole of the area over which the port health authority has jurisdiction will be the defined port health district.

Question put and agreed to.

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