The Isles of Scilly (Pilotage) Harbour Revision Order 1988

Statutory Instruments

1988 No. 2156

HARBOURS, DOCKS, PIERS AND FERRIES

The Isles of Scilly (Pilotage) Harbour Revision Order 1988

Made

6th December 1988

Coming into force

7th December 1988

The Secretary of State for Transport in exercise of the powers conferred by section 14 of the Harbours Act 1964(1) and now vested in him(2) and of all other powers enabling him in that behalf, and on the application of His Royal Highness Charles Philip Arthur George Prince of Wales Duke of Cornwall and Rothesay Earl of Chester and Carrick Baron of Renfrew Lord of the Isles and Great Steward of Scotland in accordance with section 7(5) of the Pilotage Act 1987(3), hereby makes the following Order:

Citation and Commencement

1.  This Order may be cited as the Isles of Scilly (Pilotage) Harbour Revision Order 1988 and shall come into force on 7th December 1988.

Interpretation

2.  In this Order—

“The Order of 1890” means the St Mary’s (Scilly) Pier Order 1890 confirmed by the Pier and Harbour Confirmation (No. 4) Act 1890(4)

“The Undertaker” means His said Royal Highness or other the possessor of the Duchy of Cornwall or other the Undertaker for the purposes of the Order of 1890

“The Harbour” means the limits within which the Undertaker has authority under the Order of 1890

“Signed plan” means the plan signed in triplicate by an Under Secretary in the Department of Transport, two copies of which have been deposited at that Department and one copy of which has been deposited at the Office of the Duchy of Cornwall at 10 Buckingham Gate, London SW1.

Extension of limits of jurisdiction for purposes of pilotage

3.  The limits within which the Undertaker shall have jurisdiction for the purposes of pilotage under Part I of the Pilotage Act 1987 shall include (in addition to the Harbour) so much of the area shown within a red line on the signed plan (which is the circle described by a radius of five nautical miles from the southern point of the Island of Samson) as is outside the area of the Harbour and comprises the waters of the sea.

Signed by authority of the Secretary of State

J. W. S. Dempster

An Under Secretary in the

Department of Transport

6th December 1988

Explanatory Note

(This note is not part of the Order)

By virtue of section 7(5) of the Pilotage Act 1987 a direction given by a harbour authority for the purpose of making pilotage compulsory for ships navigating in a specified area shall not apply to any area which is outside the authority’s harbour unless the limits of jurisdiction of the authority for pilotage purposes have been extended to cover that area.

This Order accordingly extends the limits of jurisdiction of the Duchy of Cornwall as harbour authority for St Mary’s Isles of Scilly for pilotage purposes under Part I of the Pilotage Act 1987 so as to include an area outside the port in respect of which the Duchy considers that pilotage should be compulsory.

The applicant of this Order is His Royal Highness Charles Prince of Wales and Duke of Cornwall.

(1)

1964 c. 40; section 14 and Schedule 3 were amended by the Transport Act 1981 (c. 56), section 18 and Schedule 6, paragraphs 2 to 4.

(2)

S.I. 1981/238.

(3)

1987 c. 21.

(4)

1890 c.xcviii.