The Department for Transport has made The Port of Tilbury (Expansion) (Correction) Order 2026 (S.I. 2026/12). The instrument took effect on 9 January 2026 and corrects textual errors in the Port of Tilbury (Expansion) Order 2019, which granted development consent for the Tilbury2 project. ([tsoshop.co.uk](https://www.tsoshop.co.uk/Daily-Publishing-List/Statutory-Instruments?utm_source=openai))
Under Schedule 4 to the Planning Act 2008, the Secretary of State may correct errors in a development consent decision document if a written request is received within the relevant period, defined as the six‑week judicial review window, and must inform the relevant local planning authority. Where the original decision is contained in a statutory instrument, the correction is also made by statutory instrument; the corrected decision then has effect from the date specified in that instrument. ([legislation.gov.uk](https://www.legislation.gov.uk/ukpga/2008/29/schedule/4/crossheading/correction-of-errors?utm_source=openai))
The Order revises the interpretation article by inserting a definition of “Police Constable” as a constable appointed by the Company under section 154 of the Port of London Act 1968, deleting the separate definition of “a Constable”, and aligning the “authorised officer” wording to refer to Police Constable. This links the DCO’s enforcement language to the port‑policing framework that applies at Tilbury. ([pla.co.uk](https://pla.co.uk/port-london-act?utm_source=openai))
A drafting correction changes “water intake” to “water outfall” in the definition of “existing structure” referenced in article 3(13). This ensures the Order records the correct asset type for the purposes to which that definition applies.
Article 4 is adjusted so that the cross‑reference reads “section 5A(1) (general duties and powers of the Company)” and a capitalisation error is corrected in the inserted section 5AA(4), replacing “company” with the defined term “Company”. Sections 5A and 5AA are the provisions treated as inserted by the Port of Tilbury Transfer Scheme 1991 Confirmation Order 1992, which sets the Company’s general powers and confirms that its functions are subordinate to those of the Port of London Authority. ([legislation.gov.uk](https://www.legislation.gov.uk/uksi/1992/284/made?utm_source=openai))
Article 12(1) and the corresponding schedule heading are amended to read “permanent stopping up of, and provision of, new highways and private means of access”. In practical terms, this confirms that the DCO authorises creation of substitute or new routes alongside closures, supporting delivery discussions with the local highway authority on access continuity and any subsequent adoption processes.
In article 41(3), the word “significant” is inserted after “different”. Although narrow in scope, the adjustment tightens the drafting around what level of change is contemplated when maintaining the authorised development or operating the Company’s harbour undertaking.
Within Schedule 2 (requirements), paragraph 11 is amended so that obligations apply where elements are “constructed and/or operated”, and sub‑paragraph (b) is omitted. For operators and contractors, this removes ambiguity about whether the relevant requirement bites at construction, operation, or both.
For planners, in‑house counsel and local authorities, the immediate steps are administrative: update internal versions of the Tilbury2 DCO to reflect the corrected definitions and headings; ensure compliance documents refer to the revised article 12 wording where route provision is relied upon; and align security and enforcement materials with the Police Constable terminology. A fresh six‑week window to bring any judicial review of the correction runs from publication of the instrument, consistent with section 118(4)(b) and Schedule 4 of the Planning Act 2008. ([legislation.gov.uk](https://www.legislation.gov.uk/ukpga/2008/29/2009-10-01?view=extent&utm_source=openai))