Harbours Act 1964

Harbour Charges E+W+S

26 Repeal of provisions limiting discretion of certain harbour authorities as to ship, passenger and goods dues charged by them. E+W+S

(1) Subject to the following provisions of this Act, any statutory provision made with respect to a particular harbour authority shall cease to have effect in so far as (otherwise than by way of expressly providing for freedom from dues or in any other manner prohibiting the levying of a due) it limits the discretion of the authority as to the ship, passenger and goods dues chargeable by them at a harbour which, in the exercise and performance of statutory powers and duties, they are engaged in improving, maintaining or managing (whether by specifying, or providing for specifying, the dues to be levied, or fixing or providing for fixing, dues, or otherwise).

(2) Subject to the following provisions of this Act and to any such statutory provision made with respect to them in particular as expressly provides for freedom from dues or in any other manner prohibits the levying of a due, a harbour authority shall have power to demand, take and recover such ship, passenger and goods dues as they think fit at such a harbour as aforesaid.

(3) Any such provision of the M1 Harbours, Docks and Piers Clauses Act 1847 as incorporated in a statutory provision made with respect to a harbour authority as refers to rates shall, with any necessary modifications, apply to charges imposed by virtue of this section by that authority as if they were rates payable under a statutory provision made with respect to them, and any such enactment of a statutory provision made with respect to a harbour authority as refers (in whatever terms) to charges payable to them under a statutory provision made with respect to them or to charges so payable of a specified class shall (in so far as it does not cease to have effect by virtue of subsection (1) of this section) apply with any necessary modifications to charges imposed by that authority by virtue of this section or, as the case may be, to charges so imposed of that class as if they were charges so payable or, as the case may be, charges so payable of that class.

(4) Any ship, passenger and goods dues in force immediately before this section comes into operation which are exigible by a harbour authority at a harbour which, in the exercise and performance of statutory powers and duties, they are engaged in improving, maintaining or managing, being dues imposed or deemed to have been imposed by or by virtue of a statutory provision made with respect to the authority, shall be deemed to have been imposed by virtue of this section.

(5) In this section “harbour authority” does not include—

(a) any of the Boards [F1 or Canal & River Trust];

(b) a person carrying on an inland waterway undertaking to which provisions of section 43 of the M2 Transport Act 1962 apply by virtue of section 52(2) of that Act;

(c) a person carrying on an undertaking all or any of the charges of which are, under the statutory provisions relating to the undertaking, subject to revision by the Minister and some other Minister acting together;

and “statutory provision” includes an order made under Regulation 56 of the Defence (General) Regulations 1939 or under an order confirmed by the Minister of Agriculture and Fisheries or the Minister of Agriculture, Fisheries and Food in pursuance of section 2(3)(2) of the M3 Fishery Harbours Act 1915.

Textual Amendments

F1 Words in s. 26(5)(a) inserted (2.7.2012) by The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 3 para. 2(2) (with arts. 4-6)

Modifications etc. (not altering text)

C1 S. 26 extended by Transport Act 1981 (c. 56, SIF 58), Sch. 4 para. 1(2)(a)

C2 S. 26(2) applied (7.3.2016) by The Newhaven Harbour Revision Order 2016 (S.I. 2016/151), arts. 1(1), 27(1) (with arts. 29, 30)

Marginal Citations

M1 1847 c. 27 (58).

M2 1962 c. 46 (126).

M3 1915 c. 48 (58).

27 Certain charges of certain harbour authorities to be reasonable. E+W+S

(1) In place of any limitation imposed, by a statutory provision made with respect to them in particular, on the discretion of a harbour authority as to charges (of any kind other than excepted charges) that may be made by them at a harbour which, in the exercise and performance of statutory powers and duties, they are engaged in improving, maintaining or managing (not being a limitation by way of expressly providing for freedom from charges or in any other manner prohibiting the making of a charge or by way of providing, by what form of words soever, that the charges shall be such as may be reasonable), there shall, by virtue of this subsection, be imposed the limitation that the charges shall be such as may be reasonable.

(2) For the purposes of the foregoing subsection the following shall be excepted charges, namely,—

(a) ship, passenger and goods dues;

(b) charges ascribable to the running of a ferry service in or from a harbour;

(c) contributions which, by virtue of a provision included in an order [F2 section 28 of the M4 Salmon and Freshwater Fisheries Act 1975 by virtue of paragraph 1(a) of Schedule 3 to that Act][F3 under section 142 of the Water Resources Act 1991], fall to be assessed on several fisheries or the owners or occupiers thereof;

(d) duties on licences granted under [F4 section 25 of the said Act of 1975] to fish;

(e) charges in respect of licences under [F5 the M5 Water Resources Act 1963 ][F5 Chapter II of Part II of the Water Resources Act 1991] to abstract water or in respect of water authorised by such licences to be abstracted.

(3) In this section “harbour authority” has the same meaning as in the last foregoing section.

Textual Amendments

F2 Words substituted by virtue of Interpretation Act 1978 (c. 30, SIF 115:1), s. 17(2)(a)

F3 Words in s. 27(2)(c) substituted (E.W.) (1.12.1991) for the words "section 28 of the Salmon and Freshwater Fisheries Act 1975 by virtue of paragraph 1(a) of Schedule 3 to that Act" by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF:130), ss. 2(1), 4(2) Sch. 1 para. 13(2)(a)

F4 Words substituted by virtue of Interpretation Act 1978 (c. 30, SIF:1), s. 17(2)(a)

F5 Words in s. 27(2)(e) substituted (E.W.) (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF:130), ss. 2(1), 4(2), Sch. 1 para. 13(2)(b)

Modifications etc. (not altering text)

C3 S. 27 extended by Transport Act 1981 (c. 56, SIF 58), Sch. 4 para. 1(2)(a)

C4 S. 27(1) explained by Docks and Harbours Act 1966 (c. 28, SIF 58), s. 46(1)

Marginal Citations

M4 1975 c. 51 (52:2).

M5 1963 c. 38 (130).

[F6 27A Combined charges. E+W+S

(1) Where a harbour authority have power, whether by virtue of section 26 of this Act or any other statutory provision—

(a) to levy ship, passenger and goods dues or equivalent dues; and

(b) to make other charges,

the authority may, subject to the next following subsection, make a combined charge, that is to say, a single charge referable in part to matters for which ship, passenger and goods dues or equivalent dues may be levied and in part to matters for which other charges may be made.

(2) A harbour authority may not make a combined charge in any case where—

(a) the person who would be liable to pay the charge objects to paying a combined charge; or

(b) a number of persons would be jointly and severally liable to pay the charge and any of them objects to paying a combined charge:

but without prejudice to the power of the authority to make separate charges in such a case.

(3) A person may not object under subsection (2) above to the payment of a combined charge previously incurred or incurred in pursuance of a prior agreement between that person and the harbour authority.

(4) In this section “equivalent dues” means dues exigible in respect of things other than ships for entering, using or leaving a harbour, including charges for marking or lighting the harbour.]

Textual Amendments

F6 S. 27A inserted by Transport Act 1981 (c. 56, SIF 58), Sch. 6 para. 8(1)

28 Repeal of provisions limiting discretion of nationalised transport bodies as to ship, passenger and merchandise dues chargeable at certain harbours owned or managed by them. E+W+S

Schedule 9 to the M6 Transport Act 1962 shall cease to have effect in so far as it limits the discretion of the Boards as to the ship, passenger and merchandise dues chargeable by them at the harbours specified in that Schedule.

Marginal Citations

M6 1962 c. 46 (126).

29 Repeal of provisions limiting discretion of local lighthouse authorities as to local light dues. E+W+S

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7 any. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7 statutory provision made with respect to a local lighthouse authority shall,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8 , cease to have effect in so far as it limits the discretion of the authority as to the charges to be made by them.

F9 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Any dues fixed by virtue of the said section 655(1) or by virtue of any other statutory provision, being dues that are in force immediately before the coming into operation of this section and are to be paid to a local lighthouse authority who are not a harbour authority, shall, so far as they could be imposed by virtue of this section, be deemed to have been so imposed.

Textual Amendments

F7 Words repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI

F8 Words repealed by Docks and Harbours Act 1966 (c. 28, SIF 58), s. 46(2)(4)(a)

F9 S. 29(2)(3) repealed (1.1.1996) by 1995 c.21, ss. 314(1), 316(2), Sch. 12 (with s. 312(1), Sch. 14 para. 1)

30 Duty of harbour and local lighthouse authorities to make available for inspection, and to keep for sale, copies of lists of certain charges. E+W+S

(1) A list showing the ship, passenger and goods dues for the time being exigible—

(a) by virtue of section 26 of this Act by a harbour authority at a harbour which, in the exercise and performance of statutory powers and duties, they are engaged in improving, maintaining or managing; F10 ...

[F11 (b) by virtue of section 43 of the M7 Transport Act 1962 by any of the Boards at a harbour which, in the exercise and performance of statutory powers and duties, that Board are engaged in improving, maintaining or managing, except where the Board in question are . . . F12 F13 . . . the British Waterways Board and the harbour in question is not specified in Schedule 9 to that Act;] [F14 or

(c) by virtue of section 43 of the Transport Act 1962 by Canal & River Trust at a harbour specified in Schedule 9 to that Act;]

shall be kept at the harbour office and shall be open there during reasonable hours for inspection by any person without charge, and copies of the list shall be kept for sale at that office at a price not exceeding [F15 5p] for each copy.

F16 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) No ship, passenger or goods due exigible as mentioned in paragraph [F17 (a), (b) or (c)] of subsection (1) above shall be levied by, as the case may be the harbour authority or Board concerned [F18 or by Canal & River Trust] if, at the time at which it is exigible, the authority or Board [F19 or Canal & River Trust] are in default in compliance with the requirement of subsection (1) of this section with respect to the keeping of a list of dues at the harbour office or the due is not shown in the list kept there at that time in compliance with that requirement; F16 . . .

(4) A copy of a list which, in pursuance of subsection (1) of this section, is for the time being kept by a harbour authority . . . F20 at the office of a harbour which is not a fishery harbour or marine work . . . F20 or, in pursuance of subsection (2) of this section, is for the time being kept by a local lighthouse authority at their office, shall be supplied by them to [F21 the Secretary of State] without charge; a copy of a list which, in pursuance of the said subsection (1), is for the time being kept by a harbour authority at the office of a fishery harbour shall be supplied by them to the Minister of Agriculture, Fisheries and Food [F22 or, if the fishery harbour is in Wales, to the Secretary of State] without charge; and a copy of a list which, in pursuance of the said subsection (1), is for the time being kept by a harbour authority at the office of a harbour which is a marine work shall be supplied by them to the Secretary of State without charge.

[F23 (5) Subsection (1) of this section does not apply to combined charges within the meaning of section 27A of this Act.

(6) References in this section to the dues or charges exigible by an authority or Board [F24 or by Canal & River Trust,] are references to the amount exigible where no composition agreement applies and no specially agreed rebate is allowed.]

Textual Amendments

F10 Word in s. 30(1)(a) omitted (2.7.2012) by virtue of The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 3 para. 2(3)(a)(i) (with arts. 4-6)

F11 S. 30(1)(b) substituted by Transport Act 1968 (c. 73, SIF 126), Sch. 16 para. 8(1)

F12 Words repealed by Transport Act 1981 (c. 56, SIF 58), Sch. 12 Pt. I

F13 Words in s. 30(1)(b) repealed (1.2.2001) by 2000 c. 38, s. 274, Sch. 31 Pt. IV; S.I. 2001/57, art. 3, Sch. 2 Pt. I

F14 S. 30(1)(c) and preceding word inserted (2.7.2012) by The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 3 para. 2(3)(a)(ii) (with arts. 4-6)

F15 Words substituted by virtue of Decimal Currency Act 1969 (c. 19, SIF 10), s. 10(1)

F16 S.30(2), and words in s.30(3) repealed (1.1.1996) by 1995 c.21, ss.314(1), 316(2), Sch. 12 (with s. 312(1), Sch. 14 para. 1)

F17 Words in s. 30(3) substituted (2.7.2012) by The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 3 para. 2(3)(b)(i) (with arts. 4-6)

F18 Words in s. 30(3) inserted (2.7.2012) by The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 3 para. 2(3)(b)(ii) (with arts. 4-6)

F19 Words in s. 30(3) inserted (2.7.2012) by The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 3 para. 2(3)(b)(iii) (with arts. 4-6)

F20 Words repealed by Transport Act 1968 (c. 73, SIF 126), Sch. 18 Pt. III

F21 Words substituted by Transport Act 1981 (c. 56, SIF 58), 10(1)(3)

F22 Words inserted by S.I. 1978/272, art. 6, Sch. 5 para. 11

F23 S. 30(5)(6) inserted by Transport Act 1981 (c. 56, SIF 58), Sch. 6 para. 8(2)

F24 Words in s. 30(6) inserted (2.7.2012) by The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 3 para. 2(3)(c) (with arts. 4-6)

Modifications etc. (not altering text)

C5 S. 30 extended by Transport Act 1981 (c. 56), Sch. 4 para. 1(2)(a)

C6 Functions of Minister of Agriculture, Fisheries and Food under s. 30 now exercisable (W.) by Secretary of State or by Minister of Agriculture, Fisheries and Food and Secretary of State for Wales jointly: S.I. 1978/272, art. 2, Sch. 1

C7 S. 30 applied (with modifications) (25.7.1991) by Highland Regional Council (Harbours) Order Confirmation Act 1991 (c. ii), s. 39(1).

S. 30 applied (with modifications) (12.6.1993) by S.I. 1993/1592, arts. 1(1), 6.

S. 30: transfer of certain functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

S. 30 restricted (S.)(23.12.1999) by S.S.I. 1999/202, art. 27(2)

S. 30 excluded (10.7.2001) by S.S.I. 2001/262, art. 32(2)

C8 S. 30 applied (with modifications) (S.) (30.9.2004) by The Dunbar Harbour Revision (Transfer) Order 2004 (S.S.I. 2004/421), arts. 1, 4(7)

C9 S. 30 excluded (31.12.2004) by The Falmouth Harbour Revision (Constitution) Order 2004 (S.I. 2004/3400), arts. 1(1), 19(3)

C10 S. 30 applied (16.8.2006) by The Dover Harbour Revision Order 2006 (S.I. 2006/2167), arts. 1(1), 20

C11 S. 30 excluded (29.12.2007) by The Maryport Harbour Revision Order 2007 (S.I. 2007/3463), arts. 1(1), 48 (with arts. 78, 80, 81)

C12 S. 30 applied (with modifications) (29.12.2007) by The Maryport Harbour Revision Order 2007 (S.I. 2007/3463), arts. 1(1), 45 (with arts. 78, 80, 81)

C13 S. 30 excluded (S.) (23.5.2008) by The Dumfries and Galloway Council (Isle of Whithorn) Harbour Empowerment Order 2008 (S.S.I. 2008/189), arts. 1, 41(2) (with arts. 53-56)

C14 S. 30 excluded (S.) (23.5.2008) by The Dumfries and Galloway Council (Garlieston) Harbour Empowerment Order 2008 (S.S.I. 2008/190), arts. 1, 41(2) (with arts. 53(1), 54-56)

C15 S. 30 excluded (S.) (23.5.2008) by The Dumfries and Galloway Council (Port William) Harbour Empowerment Order 2008 (S.S.I. 2008/188), arts. 1, 41(2) (with arts. 53-56)

C16 S. 30 applied (with modifications) (S.) (23.5.2008) by The Dumfries and Galloway Council (Garlieston) Harbour Empowerment Order 2008 (S.S.I. 2008/190), arts. 1, 39(1) (with arts. 53(1), 54-56)

C17 S. 30 excluded (S.) (29.1.2009) by The Port Babcock Rosyth Harbour Empowerment Order 2009 (S.S.I. 2009/27), arts. 1, 29(2) (with arts. 36, 37)

C18 S. 30 excluded (18.9.2009) by The Penzance Harbour Revision Order 2009 (S.I. 2009/2325), arts. 1, 31(2) (with arts. 39, 40)

C19 S. 30 excluded (S.) (14.1.2015) by The Caledonian Maritime Assets (Brodick) Harbour Revision Order 2015 (S.S.I. 2015/6), arts. 1, 49(2) (with arts. 21, 53(3), 55, 57)

C20 S. 30 excluded (S.) (18.3.2016) by The Lochboisdale and Gasay Port (Harbour Empowerment) Order 2016 (S.S.I. 2016/156), arts. 1, 24(2) (with arts. 31, 32)

C21 S. 30 excluded (S.) (10.6.2017) by The Tobermory Harbour Empowerment Order 2017 (S.S.I. 2017/196), arts. 1, 30(2) (with arts. 36-40)

C22 S. 30: transfer of functions (1.4.2018) by Wales Act 2017 (c. 4), ss. 29(2)(b)(v), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(g) (with transitional provisions and savings in S.I. 2018/278, reg. 2, Sch.)

C23 Ss. 30, 31 applied (with modifications) (S.) (8.6.2018) by The Dumfries and Galloway Council (Kirkcudbright) Harbour Revision Order 2018 (S.S.I. 2018/188), arts. 1, 27 (with arts. 14, 35(3), 38, 39, 40, 41)

C24 S. 30 excluded (S.) (8.6.2018) by The Dumfries and Galloway Council (Kirkcudbright) Harbour Revision Order 2018 (S.S.I. 2018/188), arts. 1, 29(2) (with arts. 14, 35(3), 38, 39, 40, 41)

C25 S. 30 applied (with modifications) (S.) (21.9.2019) by The Caledonian Maritime Assets (East Loch Tarbert) Harbour Revision Order 2019 (S.S.I. 2019/296), arts. 1(1), 40(2) (with arts. 48, 49)

C26 S. 30 restricted (S.) (21.9.2019) by The Caledonian Maritime Assets (East Loch Tarbert) Harbour Revision Order 2019 (S.S.I. 2019/296), arts. 1(1), 42(2) (with arts. 48, 49)

C27 S. 30 excluded (E.) (17.2.2021) by The Weymouth Harbour Revision Order 2021 (S.I. 2021/43), arts. 1, 13(2) (with arts. 42, 44)

C28 S. 30 applied (with modifications) (E.) (17.2.2021) by The Weymouth Harbour Revision Order 2021 (S.I. 2021/43), arts. 1, 10 (with arts. 42, 44)

Marginal Citations

M7 1962 c. 46

31 Right of objection to ship, passenger and goods dues. E+W+S

(1) Subject to the following provisions of this Act, charges to which this section applies are ship, passenger and goods dues [F25 other than combined charges within the meaning of section 27A of this Act; and references in this section to the rate at which any such charge is imposed are to the amount where no composition agreement applies and no specially agreed rebate is allowed].

(2) Subject to subsections (10) to (12) below . . . F26 the provisions of subsections (3) to (6) below shall have effect where written objection to a charge to which this section applies imposed by a harbour authority at a harbour which, in the exercise and performance of statutory powers and duties, they are engaged in improving, maintaining or managing, is lodged with [F27 the Secretary of State] by—

(a) a person appearing to [F27 him] to have a substantial interest; or

(b) a body representative of persons so appearing;

and the objection is expressed to be made on all or any of the following grounds, namely,—

(i) that the charge ought not to be imposed at all;

(ii) that the charge ought to be imposed at a rate lower than that at which it is imposed;

(iii) that, according to the circumstances of the case, ships, passengers or goods of a class specified in the objection ought to be excluded from the scope of the charge either generally or in circumstances so specified;

(iv) that, according to the circumstances of the case, the charge ought to be imposed, either generally or in circumstances specified in the objection, on ships, passengers or goods of a class so specified at a rate lower than that at which it is imposed on others.

(3) [F27 The Secretary of State] shall, forthwith after the objection is lodged, send a copy thereof to the authority and shall give notice to the objector that, as a condition precedent to the taking by [F27 the Secretary of State] of further steps in the matter of the objection, he must publish in specified newspapers a notice (which, if a form therefor is specified, must be in that form)—

(a) stating that he has lodged with [F27 him] an objection to the charge (and specifying the ground or grounds on which it is expressed to be made); and

(b) stating that any such person or body as the following who desires to make to [F27 the Secretary of State] representations in the matter, that is to say, a person having a substantial interest and a body representative of persons who have such an interest, should do so in writing within the time specified in the notice (which shall not be less than forty-two days from the publication or first publication thereof).

(4) Where the proper notice concerning the objection has been duly published, then so soon as practicable after the expiration of the time therein specified (but subject to the next following subsection), [F27 the Secretary of State] shall, unless the objection has been withdrawn before the expiration of that time and no written representations in the matter have been made to [F27 him] by any such person or body as is mentioned in subsection (3)(b) above before the expiration of that time, proceed to consideration of the charge and any representations made and, unless [F27 he is] satisfied that [F27 he] can properly proceed to a decision in the matter without causing an inquiry to be held with respect to it, shall cause an inquiry to be so held.

(5) Where written representations are made as mentioned in subsection (4) above, [F27 the Secretary of State] shall send copies thereof to the authority and (except where the objection has been withdrawn) to the objector, and shall not proceed to consideration of the charge until such period for consideration of, and comment upon, the representations by the authority and by the objector (if the objection has not been withdrawn) as [F27 the Secretary of State thinks] reasonable has elapsed.

(6) [F27 the Secretary of State], after effect has been given to subsection (4) above, shall either—

(a) approve the charge but set a limit (not being later than the expiration of twelve months from the date on which [F27 he approves it] to the period during which the approval is to be of effect, and give to the authority written notice that [F27 he has approved it], stating the limit set; or

(b) give to the authority such direction with respect to the charge as would meet objection thereto made on any of the grounds specified in subsection (2) above (whether that is or is not the ground, or is or is not included amongst the grounds, on which the objection whose lodging gives rise to the proceedings is expressed to be made).

(7) A direction given under the last foregoing subsection to an authority must be in writing and must specify a date for its coming into operation and the period from that date (which shall not exceed twelve months) during which it is to have effect, and the authority shall comply with it.

(8) If a harbour authority fail to comply with an obligation to which they are subject by virtue of the last foregoing subsection, they shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding [F28 level 4 on the standard scale].

(9) Forthwith after complying on any occasion with subsection (6) above, [F27 the Secretary of State] shall publish, in the newspapers in which was published notice of the lodging of the objection the lodging whereof gave rise to the proceedings that resulted in the compliance on that occasion, the notice or direction given by [F27 him] to the harbour authority concerned.

(10) Where, by virtue of this section, a charge imposed at a harbour is approved, subsections (3) to (6) above shall not have effect by virtue of the lodging of a further objection thereto during the period during which the approval is of effect; and where, by virtue of this section, a direction is given with respect to a charge so imposed, the said subsections shall not have effect by virtue of the lodging of a further objection to that charge during the period during which the direction has effect or of the lodging, during that period, of an objection to a charge that has come into existence by virtue of the direction.

(11) Where effect to subsections (3) to (5) above is in course of being given in consequence of the lodging with [F27 the Secretary of State] of an objection to a charge and a further objection to that charge is lodged with [F27 the Secretary of State] subsections (3) to (6) above shall not have effect by virtue of the lodging of that further objection.

(12) If it appears to [F27 the Secretary of State] that [F29 the Sea Fish Industry Authority] are, or may be, concerned with a charge, [F27 the Secretary of State] shall not give effect to subsection (6) above in relation to that charge without having consulted [F29 the Authority].

(13) In relation to charges to which this section applies imposed by a harbour authority at a fishery harbour which, in the exercise and performance of statutory powers and duties, they are engaged in improving, maintaining or managing, the foregoing provisions of this section shall have effect with the substitution, for references to [F27 the Secretary of State], of references to the Minister of Agriculture, Fisheries and Food, . . . F26

Textual Amendments

F25 Words inserted by Transport Act 1981 (c. 56, SIF 58), Sch. 5 para. 10(3), Sch. 6 para. 8(3)

F26 Words repealed by Transport Act 1981 (c. 56, SIF 58), Sch. 5 para. 10(3), Sch. 12 Pt. II

F27 Words substituted by Transport Act 1981 (c. 56, SIF 58), Sch. 5 para. 10(2)(a)(3)

F28 Words substituted by virtue of Transport Act 1981 (c. 56, SIF 58), Sch. 5 para. 10(3), Sch. 6 para. 13(2)(4) and (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G (as inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 54)

F29 Words substituted by Fisheries Act 1981 (c. 29, SIF 52:1), Sch. 3 para. 8(1)(a)(2)(4)

Modifications etc. (not altering text)

C23 Ss. 30, 31 applied (with modifications) (S.) (8.6.2018) by The Dumfries and Galloway Council (Kirkcudbright) Harbour Revision Order 2018 (S.S.I. 2018/188), arts. 1, 27 (with arts. 14, 35(3), 38, 39, 40, 41)

C29 Functions of Minister of Agriculture, Fisheries and Food under s. 31 now exercisable (W.) by Secretary of State or by Minister of Agriculture, Fisheries and Food and Secretary of State for Wales jointly: S.I. 1969/388, art. 3, Sch. 2 and 1978/272, art. 2, Sch. 1

C30 S. 31 applied (with modifications) (25.07.1991) by Highland Regional Council (Harbours) Order Confirmation Act 1991 (c. ii, SIF 200), s. 39(1).

S. 31 applied (with modifications) (12.6.1993) by S.I. 1993/1592, arts. 1(1),6.

S. 31 applied (5.11.1993) by 1993 c. 42, s. 15(4).

S.31 applied (with modifications)(1.1.1996) by 1995 c. 21, s. 210(8), 216(2) (with s. 132(1))

S.31 modified (1.1.1996) by 1995 c. 21, ss. 210, 216(2) Sch. 10 (with s. 132(1))

S. 31: transfer of certain functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

C31 S. 31 applied (with modifications) (30.9.2004) by The Dunbar Harbour Revision (Transfer) Order 2004 (S.S.I. 2004/421), arts. 1, 4(7)

C32 S. 31 applied (16.8.2006) by The Dover Harbour Revision Order 2006 (S.I. 2006/2167), arts. 1(1), 20

C33 S. 31 applied (with modifications) (29.12.2007) by The Maryport Harbour Revision Order 2007 (S.I. 2007/3463), arts. 1(1), 45 (with arts. 78, 80, 81)

C34 S. 31 applied (with modifications) (23.5.2008) by The Dumfries and Galloway Council (Garlieston) Harbour Empowerment Order 2008 (S.S.I. 2008/190), arts. 1, 39(1) (with arts. 53(1), 54-56)

C35 S. 31: transfer of functions (1.4.2018) by Wales Act 2017 (c. 4), ss. 29(2)(b)(v), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(g) (with transitional provisions and savings in S.I. 2018/278, reg. 2, Sch.)

C36 S. 31 applied (with modifications) (S.) (21.9.2019) by The Caledonian Maritime Assets (East Loch Tarbert) Harbour Revision Order 2019 (S.S.I. 2019/296), arts. 1(1), 40(2) (with arts. 48, 49)

C37 S. 31 applied (with modifications) (E.) (17.2.2021) by The Weymouth Harbour Revision Order 2021 (S.I. 2021/43), arts. 1, 10 (with arts. 42, 44)

C38 S. 31(2)–(11) extended with modifications by Greater London Council (General Powers) Act 1973 (c. xxx), s. 8(5)(a)(b)

C39 S. 31(2)–(12) applied (with modifications) by Pilotage Act 1987 (c. 21, SIF 111), s. 10(6)

C40 S. 31(2)-(12) applied (with modifications) (15.7.2003) by The Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 2003 (S.I. 2003/1809), regs. 1(1), 14(6) (with reg. 3)

C41 S. 31(2)-(12) applied (with modifications) (15.7.2003) by The Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 2003 (S.I. 2003/1809), regs. 1(1), 14(5) (with reg. 3)

32—34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30 E+W+S

Textual Amendments

F30 Ss. 32–34 repealed by Transport Act 1981 (c. 56), Sch. 12 Pt. II (both as originally enacted and as applied by any enactment)

F31 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F31 S.35 repealed (1.1.1996) by 1995 c. 21, ss.314(1), 316(2), Sch. 12 (with s. 312(1), Sch. 14 para. 1)

36

Sections 31 F32 . . . of this Act shall not apply to charges—

(a) imposed by [F33 . . . F34 F35 . . . the British Waterways Board] [F36 or Canal & River Trust] at a harbour not specified in Schedule 9 to the M8 Transport Act 1962;

(b) imposed at a harbour owned or managed by a person carrying on an inland waterway undertaking to which provisions of section 43 of that Act apply by virtue of section 52(2) thereof; or

(c) imposed at a harbour owned or managed by a person carrying on an undertaking all or any of the charges of which are, under the statutory provisions relating to the undertaking, subject to revision by the Minister and some other Minister acting together [F37 or by the Scottish Ministers].

Textual Amendments

F32 Words repealed by Transport Act 1981 (c. 56), Sch. 12 Pt. II

F33 Words substituted by Transport Act 1968 (c. 73), Sch. 16 para. 8(1)

F34 Words repealed by Transport Act 1981 (c. 56), Sch. 12 Pt. I

F35 Words in s. 36(a) repealed (1.2.2001) by 2000 c. 38, s. 274, Sch. 31 Pt. IV; S.I. 2001/57, art. 3, Sch. 2 Pt. I

F36 Words in s. 36(a) inserted (2.7.2012) by The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 3 para. 2(4) (with arts. 4-6)

F37 Words in s. 36(c) inserted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. 1 para. 34

Marginal Citations

M8 1962 c. 46.

37 Special provisions with respect to certain aviation charges. E+W+S

Section 26(2) of this Act and subsection (3) of section 43 of the Transport Act 1962 (as enacted in that section and as applied by section 52(2) of that Act) shall, so far as regards charges regulated by any such provision of an Order in Council under [F38 section 60 of the M9 Civil Aviation Act 1982] as has effect by virtue of paragraph (o) (regulation of charges for use of licensed aerodromes and for services provided thereat) of [F38 subsection (3) of that section], have effect subject to that provision; and sections 27 and 31 . . . F39 of this Act shall not apply to any charges so regulated.

Textual Amendments

F38 Words substituted by Civil Aviation Act 1982 (c. 16, SIF 9), Sch. 15 para. 4

F39 Words repealed by Transport Act 1981 (c. 56, SIF 58), Sch. 12 Pt. II

Marginal Citations

M9 1982 c. 16 (9).

38 Repeal of certain enactments relating to harbour charges. E+W+S

(1) The following provisions shall cease to have effect, namely,—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40

(b) any statutory provision (other than the said section 47 or one in this Act) applying to a harbour authority in so far as (however it is expressed) it requires a list of charges imposed by the authority in the exercise of their powers as such to be published;

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41 any other statutory provision applying to a harbour authority in so far as (however it is expressed) it prohibits the authority from discriminating in the matter of charges imposed as aforesaid against any person in favour of any other person.

(2) In the foregoing subsection “harbour authority” does not include any such person as is mentioned in section 26(5)(c) of this Act.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42

Textual Amendments

F40 S. 38(1)(a) repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI

F41 Words repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI

F42 S. 38(3) repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI

Modifications etc. (not altering text)

C42 The “said section 47” means Harbours, Docks and Piers Clauses Act 1847 (c. 27, SIF 58), s. 47

39 Amendments of Acts consequential on sections 26 to 37. E+W+S

(1) In the definition of “inland waterway undertaking” in section 13(1) of the Transport Charges &c. (Miscellaneous Provisions) Act 1954, after the word “navigation” there shall be inserted the words “not navigated by sea-going ships” and after the word “water” there shall be added the words “not so navigated”.

(2) In section 12(7) of the Milford Haven Conservancy Act 1958, for the words “charges under section seven of the Transport Charges &c. (Miscellaneous Provisions) Act 1954” there shall be substituted the words “charges in respect of the aircraft”.

(3) For paragraph 5 of Schedule 9 to the Transport Act 1962 there shall be substituted the following paragraph :—

“5 (1) The charges made by any of the Boards for the use of services or facilities provided in, or in connection with, a harbour specifed in this Schedule (other than ship, passenger and goods dues, charges for the carriage of goods or passengers on any railway, charges for the use of a railway or charges in respect of railway wagons) shall be such as may be reasonable.

(2) In this paragraph the expression “ship, passenger and goods dues” has the same meaning assigned to it by section 57(1) of the Harbours Act 1964” ;

and in paragraph 6(2) of that Schedule for the words “for which the charges are regulated by” there shall be substituted the words “specified in”.

(4) An order under section 21(8) of the M10 Sea Fish Industry Act 1951 declaring that a harbour has become or has ceased to be a fishery harbour may make such provision with respect to proceedings under the provisions of this Act relating to charges at the harbour which are uncompleted when the order is made and to the effect of any order or scheme made under those provisions with respect to any such charges as [F43 the Secretary of State thinks] requisite or expedient in view of the change of status of the harbour.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44

Textual Amendments

F43 Words in s. 39(4) substituted (3.12.2001) by S.I. 2001/3503, art. 5, Sch. para. 2

F44 S. 39(5) repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI

Modifications etc. (not altering text)

C43 The text of s. 39(1)(2)(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

C44 S. 39(4): transfer of functions (1.4.2018) by Wales Act 2017 (c. 4), ss. 29(2)(b)(vi), 71(4) (with Sch. 7 paras. 1, 6, 9); S.I. 2017/1179, reg. 3(g) (with transitional provisions and savings in S.I. 2018/278, reg. 2, Sch.)

Marginal Citations

M10 1951 c. 30. (58).