The Yarmouth (Isle of Wight) Harbour Revision Order 2011

Article 3

SCHEDULE 1 HARBOUR LIMITS

The Outer Harbour

1.  So much of the Solent as is situated below the level of high water and bounded on its seaward sides by imaginary straight lines –

(a) commencing at a point 50˚ 42.38’ N, 01˚ 31.00’ W, and terminating at a point 50˚ 42.57’ N, 01˚ 31.00’ W;

(b) commencing at a point 50˚ 42.57’ N, 01˚ 31.00’ W and terminating at a point 50˚ 42.86’ N, 01˚ 29.88’ W;

(c) commencing at a point 50˚ 42.86’ N, 01˚ 29.88’ W and terminating at a point 50˚ 42.38’ N, 01˚ 29.82’ W;

and on its landward side by the level of high water within the area so enclosed, and by the imaginary line referred to in paragraph (2)(a).

The Inner Harbour

2.  So much of the natural harbour at Yarmouth (Isle of Wight) and of the river Yar as is situated below the level of high water and enclosed–

(a) by an imaginary straight line drawn across the harbour entrance, commencing at a point at the eastern end of the west breakwater (reference point 50˚ 42.39’ N, 01˚ 29.90’ W) and terminating at a point at the northern end of the Inner Pier (reference point 50˚ 42.39’ N, 01˚ 29.35’ W ); and

(b) by the northern side of the road bridge known as the Causeway;

and by the level of high water within the area so enclosed, including all adjoining creeks, bays and inlets to the extent that they are situated below the level of high water but excluding any areas situated to the west of the imaginary line described in section 14(1)(ii) of the 1931 Order.

3.  All docks, marinas and other natural or artificial watered areas navigable by seagoing vessels which adjoin the portion of the river Yar described in paragraph 2 (other than those parts of the river Yar which lie upstream of the bridge mentioned in paragraph 2(b)), including all such areas which are separated from the river by lock gates, sluices or other moveable devices through which seagoing vessels may pass, whether or not the same are in existence at the date of the coming into force of this Order.

Article 2

SCHEDULE 2 BOUNDARIES OF THE ZONE

So much of the Outer Harbour as is situated below the level of high water and bounded on its seaward sides by imaginary straight lines–

(a) commencing at a point 50^o 42.373’ North and terminating at a point 01^o 30.360’ West;

(b) commencing at a point 50^o 42.405’ North and terminating at a point 01^o 30.360’ West;

(c) commencing at a point 50^o 42.405’ North and terminating at a point 01^o 30.543’ West;

(d) commencing at a point 50^o 42.355’ North and terminating at a point 01^o 30.562’ West

and on its landward side by the level of high water within the area so enclosed.

Article 4

SCHEDULE 3 PURPOSES FOR WHICH GENERAL DIRECTIONS MAY BE GIVEN

1.    Navigation, control of vessels and moorings

(a) Designating areas, routes, fairways or channels in the harbour which vessels are to use, or refrain from using, for movement, mooring or anchorage.

(b) Securing that vessels in, or proposing to enter or leave, the inner harbour move only at certain times or during certain periods.

(c) Limiting the speed of vessels.

(d) Prohibiting—

(i) entry into the harbour by a vessel which for any reason would be or would be likely to become a danger—

(aa) to other vessels in the harbour, or to persons, property, flora or fauna in the harbour; or

(bb) to any navigable area of part of the fairway or channel in the harbour; and

(ii) entry into or navigation within any designated fairway or channel during any temporary obstruction of the fairway or channel.

(e) Prohibiting entry into or movement in the inner harbour by vessels at times of poor visibility due to the weather or to the presence of dust or smoke, provided that no direction given under this sub-paragraph shall prevent the entry into the inner harbour of any vessel seeking refuge from stress of weather.

(f) Generally regulating the admission to, and the movement within, and the departure of vessels from the harbour or the removal of vessels, and for the good order and government of vessels whilst within the harbour.

(g) Regulating the navigation, berthing and anchoring of vessels within the inner harbour and their manner of navigation, the use of engines and the lights and signals to be exhibited or made by, or for the benefit of, vessels using, navigating or mooring within the inner harbour, provided that no direction under this sub-paragraph shall require the installation of engines or any other equipment on a vessel.

(h) Making requirements as to the mooring of vessels within the harbour (whether at moorings licensed under article 14 or licensed under article 15, or otherwise).

(i) Prescribing the lights and signals to be exhibited or made—

(i) by vessels aground within the harbour;

(ii) by vessels or other devices used for marking obstructions within the harbour; and

(iii) at the entrance to any dock or at any wharf, pier or other work for assisting the navigation of vessels within the harbour.

(j) Prescribing the action to be taken in relation to vessels which have become adrift, or sunk, or run aground.

2.    Health, safety and protection of property

(a) So far as is necessary for the safety of navigation, requiring or regulating the use of tugs in relation to a vessel.

(b) Preventing damage or injury to any vessels, goods, vehicles, plant, machinery, property (including aids to navigation), or danger or injury to persons in the harbour.

(c) Regulating or preventing the use within the harbour, and within any vessels within the harbour of fires, lights, tobacco, fireworks or any other substance, equipment, tools or appliances which the Commissioners consider involve a risk of fire, explosion or chemical reaction.

(d) Requiring the reporting of accidents and of other incidents giving rise to the risk of death or injury, or damage to property, occurring in the harbour.

3.    Use of harbour (including goods, obstructions and waste)

(a) Regulating the use, operation and superintendence of the harbour and any works and facilities in the harbour.

(b) Regulating the shipping and unshipping, landing, carrying, warehousing, stowing, depositing and removing of goods, including marine creatures of any type, in the harbour.

(c) Preventing and removing obstructions or impediments in the harbour.

(d) Prohibiting or regulating the discharge or deposit of ballast, ashes, refuse, rubbish or other material (including any polluting liquid) into the harbour.

(e) Preventing the leaving or disposal of any waste matter in the inner harbour except at places, or in a manner, prescribed by the Commissioners.

(f) Regulating the use of ferries and water taxis.

(g) Providing for the registration of passenger boats and those engaged in navigating passenger boats in the harbour.

(h) Regulating or prohibiting the use in the inner harbour of non-buoyant personal watercraft.

(i) Regulating the holding of regattas and other public events in the harbour.

(j) Regulating the use in the inner harbour of yachts, sailing boats, rowing boats, pleasure craft and other small craft.

(k) Regulating the launching or landing of vessels and the use of slipways and landing places in the inner harbour, provided that no direction under this sub-paragraph shall have the effect of permanently or temporarily stopping up or diverting or shall otherwise interfere with any pubic right of way over land in the harbour.

(l) Regulating the landing or taking off of aircraft (including seaplanes) in the harbour.

(m) Regulating or prohibiting diving, surfing, swimming, water skiing and other recreational activities or pursuits of whatever nature in the whole or any part of the inner harbour.

(n) Designating any beaches or any other areas within the zone for diving, swimming and other related recreational activities or pursuits during the whole or any part of the period from 1st April to 31st October in any year.

(o) Regulating or prohibiting the launching, landing or movement of vessels from or on or in any part of the zone which may from time to time be designated under sub-paragraph (n) provided that no direction under this sub-paragraph shall prevent the entry of any vessel into the zone in an emergency.

(p) Regulating or prohibiting the fishing for or the taking of marine creatures of any type and by whatever means, from any installation or structure of any kind in the harbour, or from any vessel in the harbour, where such fishing or taking interferes with the operation of, or the safety of navigation in, the harbour.

(q) Regulating or prohibiting the digging for bait in the harbour where such digging may endanger any structure or cause obstruction or danger to navigation.

4.    Use of equipment and maintenance

(a) Regulating the use of any equipment (including engines) forming part of or carried on the vessel provided that no direction under this sub-paragraph shall require the installation of engines or any other equipment on a vessel.

(b) Requiring the use of silencers or other similar apparatus, and the control of noise generally on vessels and otherwise in the harbour.

(c) Regulating the careening, breaking, maintenance and repair of vessels and the carrying out of any other works in relation to vessels in the harbour.

5.    Passengers and other persons

(a) Regulating the embarkation of persons on, or the disembarkation from, vessels in the harbour.

(b) For the purpose of preventing danger to persons or property or inference with the safe and efficient operation of the harbour, regulating the conduct of all persons in the harbour not being—

(i) police constables; or

(ii) servants of the Crown; or

(iii) members of a fire brigade whilst in the exercise of their duties as such.

(c) Prohibiting persons from smoking if working or employed in or entering the harbour, or any part of the harbour.

6.    Environmental protection

(a) Making requirements in relation to any part of the harbour which has been designated, or has otherwise been given special protection or status, under any enactment by reason of its natural beauty, flora, fauna or archaeological or geological or physiographical features or any other natural features being requirements for the conservation of such natural beauty, flora, fauna or archaeological or geological or physiographical features or other natural features,

(b) No direction under sub-paragraph (a) —

(i) shall prohibit or interfere with the exercise of any public right of navigation; or

(ii) shall be given otherwise than in order to give effect to, or to complement, any provision of any enactment applicable to the conservation of the part of the harbour in relation to which the direction is given.

7.    Miscellaneous

For the purpose of preventing interference with the safe and efficient operation of the harbour—

(a) prohibiting the use of or regulating the use, movement, speed, placing, loading, fuelling, unloading, driving and parking of vehicles within the harbour

(b) regulating or prohibiting the carrying on of trading or commercial activities within the harbour; or

(c) regulating the control of animals in the harbour.

8.    Provision of information

Requiring the master of a vessel to give to the harbourmaster information relating to the vessel reasonably required by the harbourmaster for effecting any of the purposes of this Schedule.

Articles 5 and 18

SCHEDULE 4 GENERAL DIRECTIONS AND DESIGNATIONS: PUBLICATION AND CONSULTATION, ETC.

1.  In this Schedule—

“the consultation period” means the period referred to in paragraph 4;

“designation” means any setting apart or designation of any part of the harbour under article 18;

“the objectors” means any relevant consultees who make an objection under paragraph 6(c);

“the relevant consultees” means–

(a)

every advisory body established under article 15 of the 2001 Order;

(b)

if the designation or the giving, amending or revoking of the general direction could reasonably be considered to affect in any material respect the holders of licences granted by the Commissioners under article 14 or 15 of this Order, every such licence holder;

(c)

any bodies established on a national basis for purposes which include as a main objective the representation of the interests of owners or operators of leisure or commercial vessels of a type which–

(i)

are likely to berth, moor or operate within the harbour limits (or are capable of doing so), and

(ii)

could reasonably be considered to be affected in any material respect by the giving, amending or revoking of the general direction

including without prejudice to the generality of the foregoing, the Royal Yachting Association, the British Marine Federation or the successors of either of these bodies;

(d)

if the designation or the giving, amending or revoking of the general direction could reasonably be considered to affect in any material respect—

(i)

any particular business or trade carried on within the harbour limits; or

(ii)

any operator of a scheduled ferry service to or from the harbour,

any local body established for the purpose of representing the interests of persons carrying on that business or trade, or the operator of that ferry service, as the case may be; and

(e)

such other persons or bodies not falling within any of sub-paragraphs (a) to (d) above as the Commissioners may consider would be reasonably likely to be affected in any material respect by the designation or the giving, amending or revoking of the general direction.

2.  Before making, giving, amending or revoking a designation or general direction the Commissioners shall, except in an emergency—

(a) publish notice of their intention to do so (“the proposal”) on their website and once in a local newspaper circulating in the area of the harbour;

(b) display at the harbour office a copy of the designation or direction which is proposed to be made, given, amended or revoked, as the case may be; and

(c) serve a copy of the notice on the relevant consultees.

3.  The notices published and served under paragraph 2 shall—

(a) state a place where copies of the proposed designation or direction, and of any existing designation or general direction which is proposed to be revoked or amended, may be inspected and bought, and the price of each copy;

(b) state that representations may be made to the Commissioners in writing during the consultation period.

4.  During the period of 84 days following publication of the notice under paragraph 2(a), or such longer period as may be specified in the notice, the Commissioners shall consult the relevant consultees.

5.  The Commissioners shall not make, give, amend or revoke the designation or general direction until they have considered all representations made by the relevant consultees during the consultation period.

6.  As soon as reasonably practicable after the expiry of the consultation period, the Commissioners shall give notice to all relevant consultees who have made representations during that period—

(a) stating whether the Commissioners intend to make, give, amend or revoke the designation or general direction, and responding to any such representations;

(b) specifying whether they intend to make any modifications to the proposal; and

(c) if the Commissioners intend to make, give, amend or revoke the designation or direction, informing those consultees of their right to object to the proposal within 28 days from the date of the notice or such longer period as may be specified in the notice.

7.  Where none of the relevant consultees have made representations in respect of the proposal during the consultation period or, having made representations, do not object to the proposal, in accordance with paragraph 6(c), the Commissioners may make, give, amend or revoke the designation or general direction.

8.  Where any relevant consultee objects to a proposal in accordance with paragraph 6(c), the following procedures shall have effect unless the Commissioners decide not to proceed with the making, giving, amending or revoking of the designation or direction.

9.  The issue shall be referred to an independent person (“the adjudicator”) to be agreed between the Chairman of the Commissioners and the objector (or each of the objectors if more than one) or if, agreement is not reached within 28 days after the expiration of the period referred to in paragraph 6(c), to be appointed by the President of the London Maritime Arbitrators Association.

10.  The remuneration (if any) of the adjudicator shall be as agreed between the Commissioners and the adjudicator.

11.  The adjudicator shall be entitled to be reimbursed in respect of all reasonable expenses incurred in discharging functions conferred on the adjudicator under this Schedule.

12.  Responsibility for payment of the adjudicator’s remuneration and expenses shall be as decided by the adjudicator in accordance with paragraph 19.

13.  The appointment of an adjudicator shall not take effect until the adjudicator has consented in writing to the appointment and delivered the signed consent to the Commissioners.

14.  The adjudicator shall allow a reasonable opportunity for the Commissioners and the objectors to make representations to, or be heard by, the adjudicator and shall then make a report in writing (“the report”) containing the adjudicator’s findings and reasoned recommendations on the issue to the Commissioners.

15.  The adjudicator shall send a copy of the report to the objectors.

16.  The adjudicator shall use reasonable endeavours to ensure that the steps referred to in paragraph 14 are completed within 28 days of his or her appointment.

17.  The Commissioners shall not be bound to give effect to the recommendations contained in the report of the adjudicator, but in making their decision to give, amend or revoke the direction they shall have regard to the report.

18.  The Commissioners shall give notice to the adjudicator and the objectors of their decision stating the reasons for that decision as soon as reasonably practicable after it has been taken.

19.  The adjudicator shall decide who out of the Commissioners and the objectors (“the parties”) shall be liable to pay the adjudicator’s remuneration and expenses and whether payment shall be the responsibility of one party alone, or more than one party, and in what proportions.

20.  In taking any decision under paragraph 19, the adjudicator shall have regard to the conclusions expressed in the report and the merits of the objections.

21.  Subject to paragraph 19, the parties shall bear their own costs of any proceedings under this Schedule.

22.  The adjudicator shall not be personally liable for anything done by him or her in accordance with this Schedule.

23.  Except as otherwise provided in this Schedule, the adjudicator may determine the procedures to be followed under this Schedule.

24.  Where the Commissioners propose to make, give or amend a designation or general direction in a form materially different from that notified under paragraph 6 or recommended by the adjudicator under paragraph 14, the Commissioners shall proceed as if the proposal were a new proposal; and the provisions of this Schedule shall apply with all necessary modifications to that proposal.

25.—(1) This paragraph has effect where the Commissioners have made, given or amended a designation or general direction (“an emergency designation or direction”), or have revoked a designation or general direction, in an emergency without observing the requirements of paragraphs 1 to 24.

(2) Where this paragraph has effect, the Commissioners shall revoke the emergency designation or direction, or as the case may be reinstate the designation or direction which has been revoked, as soon as reasonably practicable after the emergency ceases to exist unless they decide to proceed in accordance with sub-paragraph (3).

(3) If the Commissioners propose to give permanent effect to an emergency designation or direction, or to the revocation of a designation or a general direction, they shall inform the relevant consultees as soon as practicable of their proposals, and the provisions of paragraphs 1 to 24 shall apply with all necessary modifications to those proposals.

Article 29

SCHEDULE 5 NEW ARTICLES 4, 5 AND 6 OF 2001 ORDER

“Constitution of Commissioners

4.— (1) As from the effective date the Commissioners shall consist of:—

(a) eight persons holding office in accordance with this article and article 5; and

(b) the Chief Executive of the Commissioners.

(2) Every appointed Commissioner holding office on the effective date shall remain in office until the date upon which the Commissioner would have ceased to hold office had this Order not been made.

(3) Appointments of appointed Commissioners after the effective date shall be made by the Commissioners holding office at the time of the appointment having regard to the advice of the appointments panel.

(4) Each appointed Commissioner shall be a person who appears to the appointments panel and to the Commissioners making the appointment to have special knowledge, experience or ability relevant to the efficient, effective and economic discharge by the Commissioners of their functions.

(5) Without prejudice to paragraph (4), the appointed Commissioners shall include at least one person who appears to the appointments panel and to the Commissioners making the appointment or appointments to have special knowledge, experience or ability in one or more of—

(a) accountancy or financial management;

(b) coastal environment;

(c) the laws relating to England.

(6) In advising on and making an appointment under paragraph (3), the appointments panel and the Commissioners shall act in accordance with any guidance issued by the Secretary of State from time to time with respect to the appointment of Commissioners.

(7) In this article and in article 6—

“the appointed Commissioners” means the Commissioners referred to in paragraph (1)(a);

“the effective date” means the last Friday of the month next following the month current at the commencement of the Yarmouth (Isle of Wight) Harbour Revision Order [2011].

Appointments panel

5.— (1) The Commissioners shall appoint three persons to act as the appointments panel whenever any appointment is to be made under article 4 above.

(2) The persons appointed under paragraph (1) above shall include at least one Commissioner and at least one person who is independent of the Commissioners.

(3) After interviewing candidates the appointments panel shall give advice to the Commissioners as to the person or persons to be appointed.

Terms of office of Commissioners

6.   Subject to articles 8 and 10 of, and paragraph 10 of Schedule 2 to, this Order, an appointed Commissioner appointed after the effective date shall hold office for a term of three years unless the Commissioners decide, having regard to the advice of the appointments panel at the time when any such appointment is made, that a shorter term of office should apply to that appointment, in which case the term of office shall be such as the Commissioners shall so decide.”

Article 30

SCHEDULE 6 REPEAL, REVOCATIONS AND SAVING PROVISIONS

PART I - Repeal

Chapter (1)	Short title (2)	Extent of repeal (3)
1931 Ch.lxxxix	Pier and Harbour Orders (Cowes and Yarmouth (Isle of Wight)) Confirmation Act 1931	Section 14

PART 2 – Revocations

Chapter (1)	Short title (2)	Extent of revocation (3)
S.I. 1981/318	Yarmouth (Isle of Wight) Harbour Revision Order 1980	Whole order
S.I. 1996/2480	Yarmouth (Isle of Wight) Harbour Revision Order 1996	Whole order
S.I. 2001/2185	Yarmouth (Isle of Wight) Harbour Revision (Constitution) Order 2001	Article 4 to 7

PART 3 – Savings

1.  The repeal of the Act and Orders mentioned in Parts I and II of this Schedule (“the former legislation”) shall have effect subject to the following provisions of this Part of this Schedule.

2.  In so far as anything done under any provision of the former legislation could have been done under any provision of this Order it shall not be invalidated by the repeal or revocation but shall have effect as if done under that last-mentioned provision.

3.  Anything begun under any provision of the former legislation may be continued under any provision of this Order relating to the same matter as if begun under that provision.

4.  Where any period of time specified in, or having effect in relation to, any provision of the former legislation is current on the date of the coming into force of this Order, any provision of this Order relating to the same matter shall have effect as if it were in force when that period began to run.

5.  References in this Order to things done, left undone, suffered, or occurring in the past shall, for the continuity of operation between the former legislation and any provision of this Order relating to the same matter, be construed as including reference to things done, left undone, suffered or occurring before the date of the coming into force of this Order.

6.  Where an instrument or document refers to any provision of the former legislation, the reference shall, except where the context otherwise requires, be construed as, or as including, a reference to any provision of this Order relating to the same matter.

7.  Where an Act or Order is repealed or revoked by this Order subject to exceptions, and a provision (“the old provision”) included in the repeal or revocation is material for the interpretation of a provision excepted from repeal or revocation, or of any provision of this Order (“the relevant provision”), reference may be made to the old provision notwithstanding its repeal or revocation for the purpose of interpreting the relevant provision.

8.  Nothing in this Part of this Schedule shall prejudice the operation of sections 15 to 17 of the Interpretation Act 1978(1) (effect of repeals).

(1)

1978 c.30