F1Harbour directions
C140ADirections
1
A designated harbour authority may give directions (“harbour directions”) in respect of ships—
a
within their harbour, or
b
entering or leaving their harbour.
2
A harbour direction may relate to—
a
the movement of ships;
b
mooring or unmooring;
c
equipment (including nature and use);
d
the manning of ships.
3
A harbour direction may require the master of a ship to provide information to a specified person in a specified manner.
4
“Designated harbour authority” means—
a
a harbour authority for a F2harbour that is wholly in Wales other than a reserved trust port who are designated by order of the Welsh Ministers,
b
a harbour authority for any other harbour in England or Wales who are designated by order of the Secretary of State, and
c
a harbour authority for a harbour in Scotland who are designated by order of the Scottish Ministers.
5
A harbour direction is subject to any direction under section 52 of the Harbours, Docks and Piers Clauses Act 1847 (directions by harbour master).
6
A harbour authority may not give a harbour direction which conflicts with an enactment.
7
An order designating a harbour authority may amend or repeal any statutory provision of local application which the person making the order thinks is—
a
inconsistent with the power to give harbour directions, or
b
unnecessary as a result of the power.
C240BProcedure
1
Harbour directions must be in writing.
2
Before giving harbour directions a harbour authority must consult such representatives of users of the harbour as the authority think appropriate.
3
A harbour authority must make such arrangements as they think appropriate for publicising a proposed harbour direction for at least 28 days before it is given.
4
A harbour authority must—
a
make harbour directions available for inspection, and
b
supply a copy to anyone who requests it.
5
A harbour authority may charge for the supply of copies.
6
As soon as is reasonably practicable after giving a harbour direction the harbour authority must publish a notice in a newspaper specialising in shipping news—
a
stating that a harbour direction has been given, and
b
giving details of the arrangements for the inspection and supply of copies of harbour directions.
C340CEnforcement
1
The master of a ship must ensure that harbour directions are complied with.
2
Breach of subsection (1) without reasonable excuse is an offence.
3
A person guilty of the offence is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
C440DSupplemental
1
Harbour directions—
a
may make provision that applies generally or only in relation to specified circumstances, areas, periods or descriptions of ship, and
b
may make different provision for different circumstances, areas, periods or descriptions of ship.
2
Harbour directions may be varied or revoked by subsequent harbour directions.
3
In section 40A—
“mooring” includes casting anchor, and
“unmooring” includes weighing anchor.
Ss. 40A-40D and cross-heading inserted (1.10.2013) by Marine Navigation Act 2013 (c. 23), ss. 5(1), 13; S.S.I. 2013/254, art. 2; S.I. 2013/1489, art. 3; S.I. 2013/2006, art. 2