The Maryport Harbour Revision Order 2007

1. Introductory Text

2. PART 1 Preliminary

   1. 1. Citation and commencement

   2. 2. Interpretation

   3. 3. Incorporation of enactments

3. PART 2 Alteration of Name of Commissioners and Constitution of the Authority

   1. 4. New name of Commissioners

   2. 5. Constitution of Authority

   3. 6. Selection of members

   4. 7. Appointment and terms of office of first members

   5. 8. Terms of office of subsequent members

   6. 9. Transitional co-opted member

   7. 10. Declaration to be made by members

   8. 11. Power to co-opt additional members

   9. 12. Casual vacancies

   10. 13. Provisions applying to Members

   11. 14. Advisory bodies

4. PART 3 Management of the Undertaking

   1. 15. Limits of jurisdiction

   2. 16. General powers of Authority in respect of harbour

5. PART 4 Further Powers as to Management and Regulation of Harbour

   1. 17. Aids to navigation

   2. 18. Removal of obstructions other than vessels

   3. 19. As to use of harbour

   4. 20. Moorings

   5. 21. Repair of landing places, etc.

   6. 22. Power to grant permits in respect of certain pleasure craft

   7. 23. Power to dredge

   8. 24. Authority may provide dredgers, tugs, etc.

   9. 25. Powers with respect to disposal of wrecks

   10. 26. Protection of Crown interests in wrecks

   11. 27. Power to deal with unserviceable vessels

   12. 28. General directions to vessels

   13. 29. Publication of general directions

   14. 30. Special directions to vessels

   15. 31. Failure to comply with directions

   16. 32. Enforcement of directions

   17. 33. Master’s responsibility in relation to directions

6. PART 5 Control of Works and Dredging in the Harbour

   1. 34. Restriction of works and dredging

   2. 35. Control of certain operations and works of statutory undertakers

   3. 36. Licensing of works

   4. 37. Licensing of dredging

   5. 38. Appeals in respect of works or dredging licence

   6. 39. Tidal works not to be executed without approval of the Secretary of State

   7. 40. Lights on tidal works during construction

   8. 41. Provision against danger to navigation

   9. 42. Abatement of works abandoned or decayed

   10. 43. Survey of tidal works

   11. 44. Permanent lights on tidal works

7. PART 6 Charges

   1. 45. Charges on certain floating articles

   2. 46. Charges for services or facilities

   3. 47. Payment of charges

   4. 48. Compounding arrangements and rebates

   5. 49. Deposit for charges

   6. 50. Liens for charges

   7. 51. Recovery of charges

   8. 52. Harbourmaster may prevent sailing of vessels

   9. 53. Refusal to pay charges for landing place

   10. 54. Payment of charges on warehoused goods

   11. 55. Exemptions from charges

8. PART 7 Byelaws

   1. 56. General byelaws

   2. 57. Procedure for byelaws

9. PART 8 Finance

   1. 58. General borrowing powers

   2. 59. Temporary borrowing

   3. 60. RPI adjustment of borrowing limits

   4. 61. Existing borrowing and harbour stock

   5. 62. Application of harbour revenue

   6. 63. Audit of accounts

   7. 64. Publication of annual statements

10. PART 9 Miscellaneous

    1. 65. Indemnity insurance for Members

    2. 66. General manager of Authority

    3. 67. Power to grant tenancies and to dispose of land

    4. 68. Development, etc., of land

    5. 69. Local inquiries

    6. 70. Defence of due diligence

    7. 71. Power to give directions as to loading or unloading of certain goods

    8. 72. Liability for safety of goods

    9. 73. Boarding of vessels

    10. 74. Power to remove goods

    11. 75. Power to provide parking places

    12. 76. Removal of vehicles, etc.

    13. 77. Obstruction of officers

    14. 78. Crown rights

    15. 79. For the protection of the Environment Agency

    16. 80. Saving for Trinity House

    17. 81. Saving for Lord of the Manor

    18. 82. Repeals

11. Signature

12. SCHEDULES

    1. SCHEDULE 1

       FORM OF DECLARATION BY MEMBERS

    2. SCHEDULE 2

       PROVISIONS APPLYING TO THE MEMBERS

       1. Meetings of Authority

          1. 1. (1) The first meeting of the Authority on or after...

       2. Chairman and vice-chairman of Authority

          1. 2. (1) There shall be a chairman of the Authority who...

       3. Vacation of office by Members

          1. 3. A Member (other than the general manager) may resign his...

       4. Reappointment of Members

          1. 4. (1) Subject to this Schedule, a vacating appointed Member shall...

       5. Reappointment of chairman

          1. 5. (1) A chairman of the Authority shall not be eligible...

       6. Committees

          1. 6. The Authority may, subject to such conditions as they think...

       7. Proceedings of Members and Committees

          1. 7. (1) Every question at a meeting of the Authority or...

       8. Validity of acts of Authority

          1. 8. The Authority may act notwithstanding a vacancy among the members...

       9. Disqualification of Member

          1. 9. If the Authority are satisfied that a Member—

       10. Authentication of seal

           1. 10. (1) The application of the seal of the Authority shall...

       11. Remuneration of Members

           1. 11. The Authority may pay to the chairman and other Members...

       12. General

           1. 12. The Authority may appoint upon such terms and conditions as...

           2. 13. Subject to this Schedule, the procedure of the Authority shall...

    3. SCHEDULE 3

       HARBOUR LIMITS

       1. 1. The area referred to in Article 15(1)(b) of this Order...

       2. 2. (1) In paragraph 1(a)— “Point A” is the point where...

    4. SCHEDULE 4

       PROTECTION OF THE ENVIRONMENT AGENCY

       1. 1. The following provisions shall have effect, unless otherwise agreed in...

       2. 2. In this Schedule— “accumulation” means any accumulation of silt or...

       3. 3. The powers conferred on the Authority by article 16 shall...

       4. 4. The Authority shall maintain to the reasonable satisfaction of the...

       5. 5. Except in a case of emergency, not less than 28...

       6. 6. (1) Except in a case of emergency, before exercising the...

       7. 7. (1) Before beginning to construct any specified work, the Authority...

       8. 8. Without prejudice to the generality of paragraph 7, the requirements...

       9. 9. Any specified work, and all compensatory habitat and protective works...

       10. 10. The Authority shall give to the Agency notice in writing...

       11. 11. If any part of the specified works comprising a structure...

       12. 12. Subject to paragraph 13, if within a reasonable period, being...

       13. 13. In the event of any dispute as to whether paragraph...

       14. 14. (1) If, during the construction of a specified work or...

       15. 15. For the purposes of paragraphs 10 and 14(1) the date...

       16. 16. (1) Subject to sub-paragraph (2), the Authority shall from the...

       17. 17. If by reason of the construction of any specified work...

       18. 18. (1) The Authority shall take all measures as may be...

       19. 19. The Authority shall indemnify the Agency in respect of all...

       20. 20. (1) Without prejudice to the other provisions of this Schedule...

       21. 21. The fact that any work or thing has been executed...

       22. 22. Except as otherwise provided by this Schedule nothing in this...

       23. 23. For the purposes of section 109 of the Water Resources...

       24. 24. (1) Unless the parties agree to arbitration any difference arising...

       25. 25. Paragraphs 7 to 24 shall apply in relation to works...

    5. SCHEDULE 5

       ENACTMENTS REPEALED

13. Explanatory Note