Harbours Act 1964

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 [F1 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 . . . F2 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 [F3 the Secretary of State] by—

(a) a person appearing to [F3 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) [F3 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 [F3 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 [F3 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 [F3 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), [F3 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 [F3 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 [F3 he is] satisfied that [F3 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, [F3 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 [F3 the Secretary of State thinks] reasonable has elapsed.

(6) [F3 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 [F3 he approves it] to the period during which the approval is to be of effect, and give to the authority written notice that [F3 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 [F4 level 4 on the standard scale].

(9) Forthwith after complying on any occasion with subsection (6) above, [F3 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 [F3 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 [F3 the Secretary of State] of an objection to a charge and a further objection to that charge is lodged with [F3 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 [F3 the Secretary of State] that [F5 the Sea Fish Industry Authority] are, or may be, concerned with a charge, [F3 the Secretary of State] shall not give effect to subsection (6) above in relation to that charge without having consulted [F5 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 [F3 the Secretary of State], of references to the Minister of Agriculture, Fisheries and Food, . . . F2

Textual Amendments

F1 Words inserted by Transport Act 1981 (c. 56, SIF 58), Sch. 5 para. 10(3), Sch. 6 para. 8(3)

F2 Words repealed by Transport Act 1981 (c. 56, SIF 58), Sch. 5 para. 10(3), Sch. 12 Pt. II

F3 Words substituted by Transport Act 1981 (c. 56, SIF 58), Sch. 5 para. 10(2)(a)(3)

F4 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)

F5 Words substituted by Fisheries Act 1981 (c. 29, SIF 52:1), Sch. 3 para. 8(1)(a)(2)(4)

Modifications etc. (not altering text)

C1 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

C2 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

C3 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)

C4 S. 31(2)–(11) extended with modifications by Greater London Council (General Powers) Act 1973 (c. xxx), s. 8(5)(a)(b)

C5 S. 31(2)–(12) applied (with modifications) by Pilotage Act 1987 (c. 21, SIF 111), s. 10(6)

C6 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)

C7 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)