Harbour Charges
26 Repeal of provisions limiting discretion of certain harbour authorities as to ship, passenger and goods dues charged by them. C1
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 M1Harbours, 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;
b
a person carrying on an inland waterway undertaking to which provisions of section 43 of the M2Transport 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 M3Fishery Harbours Act 1915.
C227 Certain charges of certain harbour authorities to be reasonable.
C31
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 F1section 28 of the M4Salmon and Freshwater Fisheries Act 1975 by virtue of paragraph 1(a) of Schedule 3 to that ActF2under 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 F3section 25 of the said Act of 1975 to fish;
3
In this section “harbour authority” has the same meaning as in the last foregoing section.
27AF5 Combined charges.
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.
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.
Schedule 9 to the M6Transport 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.
29 Repeal of provisions limiting discretion of local lighthouse authorities as to local light dues.
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6any. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6 statutory provision made with respect to a local lighthouse authority shall,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7, cease to have effect in so far as it limits the discretion of the authority as to the charges to be made by them.
F82
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F83
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
C5C6C15C17C18C22C20C24C27C23C25C28C2930 Duty of harbour and local lighthouse authorities to make available for inspection, and to keep for sale, copies of lists of certain charges. C4
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; or
F9b
by virtue of section 43 of the M7Transport 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 . . . F10F11. . . the British Waterways Board and the harbour in question is not 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 F125p for each copy.
F132
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
No ship, passenger or goods due exigible as mentioned in paragraph (a) or (b) of subsection (1) above shall be levied by, as the case may be the harbour authority or Board concerned if, at the time at which it is exigible, the authority or Board 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; F13. . .
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 . . . F14at the office of a harbour which is not a fishery harbour or marine work . . . F14or, 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 F15the 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 F16or, 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.
F175
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 are references to the amount exigible where no composition agreement applies and no specially agreed rebate is allowed.
C8C16C19C21C2631C7 Right of objection to ship, passenger and goods dues.
1
Subject to the following provisions of this Act, charges to which this section applies are ship, passenger and goods dues F18other 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.
C9C10C14C132
Subject to subsections (10) to (12) below . . . F19 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 F20the Secretary of State by—
a
a person appearing to F20him 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.
C9C10C14C133
F20The 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 F20the 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 F20him 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 F20the 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).
C9C10C14C134
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), F20the 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 F20him 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 F20he is satisfied that F20he 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.
C9C10C14C135
Where written representations are made as mentioned in subsection (4) above, F20the 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 F20the Secretary of State thinks reasonable has elapsed.
C9C10C14C136
F20the Secretary of State, after effect has been given to subsection (4) above, shall either—
a
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).
C9C10C14C137
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.
C9C10C14C138
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 F21level 4 on the standard scale.
C9C10C14C139
Forthwith after complying on any occasion with subsection (6) above, F20the 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 F20him to the harbour authority concerned.
C9C10C14C1310
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.
C9C10C14C1311
Where effect to subsections (3) to (5) above is in course of being given in consequence of the lodging with F20the Secretary of State of an objection to a charge and a further objection to that charge is lodged with F20the Secretary of State subsections (3) to (6) above shall not have effect by virtue of the lodging of that further objection.
C10C14C1312
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 F20the Secretary of State, of references to the Minister of Agriculture, Fisheries and Food, . . . F19
32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23
F2435. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
36
Sections 31 . . . F25 of this Act shall not apply to charges—
a
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 F29or by the Scottish Ministers.
37 Special provisions with respect to certain aviation charges.
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 F30section 60 of the M9Civil 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 F30subsection (3) of that section, have effect subject to that provision; and sections 27 and 31 . . . F31 of this Act shall not apply to any charges so regulated.
38 Repeal of certain enactments relating to harbour charges.
1
The following provisions shall cease to have effect, namely,—
a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32
C11b
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
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33 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
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34
39 Amendments of Acts consequential on sections 26 to 37.
C121
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”.
C122
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”.
C123
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 M10Sea 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 F35the Secretary of State thinks requisite or expedient in view of the change of status of the harbour.
5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36