Textual Amendments
F1Ss. 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
(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.
Textual Amendments
F2Words in s. 40A(4)(a) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 30(4), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(g)
Modifications etc. (not altering text)
C1S. 40A applied (with modifications) (31.3.2023) by The Merchant Shipping (Watercraft) Order 2023 (S.I. 2023/35), arts. 1(1), 11(1)
(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.
Modifications etc. (not altering text)
C2S. 40B applied (31.3.2023) by The Merchant Shipping (Watercraft) Order 2023 (S.I. 2023/35), arts. 1(1), 11(1)
(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.
Modifications etc. (not altering text)
C3S. 40C applied (with modifications) (31.3.2023) by The Merchant Shipping (Watercraft) Order 2023 (S.I. 2023/35), arts. 1(1), 11(1)
(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.]
Modifications etc. (not altering text)
C4S. 40D applied (31.3.2023) by The Merchant Shipping (Watercraft) Order 2023 (S.I. 2023/35), arts. 1(1), 11(1)