Harbours Act 1964

32 Power of Minister to revise ship, passenger and goods dues at harbours other than fishery harbours or marine works

(1) Where, in the case of a harbour which, in the exercise and performance of statutory powers and duties, a harbour authority are engaged in improving, maintaining or managing (not being a fishery harbour or marine work), the Council are satisfied that, as regards the charges imposed at the harbour by that authority that constitute ship, passenger and goods dues, all or any of them ought to be revised, and are further satisfied that it is not possible to secure the revision thereof by agreement between them and the authority, they may submit to the Minister a scheme for revising those that they are satisfied ought to be revised (specifying precisely and in detail the manner in which the revision is to be accomplished), accompanied by a statement of the reasons why they are satisfied that those charges ought to be revised.

(2) Where the Council submit under the foregoing subsection a scheme to the Minister, they shall forthwith send to the authority engaged in improving, maintaining or managing the harbour to which the scheme relates two copies of the scheme and two copies of the statement submitted to the Minister therewith, and of them one copy of each shall be kept at the harbour office until the expiration of the period specified in the notice published in pursuance of the next following subsection with reference to the scheme and, during that period, shall be open during reasonable hours for inspection by any person without charge.

(3) As soon as may be after submitting under subsection (1) of this section a scheme to the Minister, the Council shall publish in such newspapers as the Minister may require a notice—

(a) stating that the scheme has been submitted to the Minister and specifying the harbour to which it relates;

(b) stating that a copy of the scheme and of the statement submitted therewith to the Minister may be seen at the harbour office at all reasonable hours; and

(c) stating that any such person or body as the following who desires to make to the Minister 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 before the expiration of the period specified in the notice (which shall not be less than forty-two days from the date of the publication or first publication thereof).

(4) Where the proper notice has been duly published with reference to a scheme submitted to him under subsection (1) of this section, then, so soon as practicable after the expiration of the period specified in the notice (but subject to the next following subsection), the Minister shall proceed to consideration of the scheme, any representations made by the harbour authority concerned and any representations made by others and, unless he is satisfied that 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, in the case of a scheme submitted under subsection (1) of this section to the Minister, written representations are duly made to the Minister by any such person or body as is mentioned in subsection (3)(c) above, the Minister shall send copies thereof to the Council and to the harbour authority concerned, and shall not proceed to consideration of the scheme until such period for consideration of, and comment upon, the representations by the Council and the authority as he thinks reasonable has elapsed.

(6) The Minister, after effect has been given, in the case of a scheme submitted to him under this section, to subsection (4) above, shall either by order confirm the scheme, with or without modifications, or reject it.

(7) An order under the last foregoing subsection shall set out in a schedule thereto the scheme thereby confirmed in the form in which it is confirmed and shall specify a date for the coming into operation of the scheme and the period from that date (which shall not exceed twelve months) which, for the purposes of the following provisions of this section, is to be the close period in relation to the scheme.

(8) Charges fixed by a scheme under this section in the case of a harbour shall—

(a) except in a case where the harbour is one specified in Schedule 9 to the Transport Act 1962, be deemed to have been imposed under section 26 of this Act;

(b) in the said excepted case, be deemed to have been imposed under section 43 of the said Act of 1962;

and during the close period in relation to the scheme—

(i) the harbour authority engaged in improving, maintaining or managing the harbour shall not demand or take thereat in respect of a matter or thing in respect of which a charge is fixed by the scheme, a charge other than that so fixed ;

(ii) subsections (3) to (6) of the last foregoing section shall not, in the case of a charge so fixed, have effect by virtue of the lodging of an objection thereto.

(9) If a harbour authority fail to comply with an obligation to which they are subject by virtue of subsection (8)(i) above, they shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding £100.

(10) A harbour authority shall not be treated as having failed to comply with an obligation to which they are subject by virtue of subsection (7) of the last foregoing section if compliance therewith would have prevented compliance with an obligation to which they were subject by virtue of subsection (8)(i) above.

(11) Forthwith after complying on any occasion with subsection (6) above, the Minister shall publish, in the newspapers in which was published notice of the submission to him of the scheme the submission whereof gave rise to the proceedings that resulted in the compliance on that occasion, notice stating what he has done under that subsection about the scheme.