Harbours Act 1964

27 Certain charges of certain harbour authorities to be reasonable. E+W+S

(1) 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 [F1 section 28 of the M1 Salmon and Freshwater Fisheries Act 1975 by virtue of paragraph 1(a) of Schedule 3 to that Act][F2 under 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 [F3 section 25 of the said Act of 1975] to fish;

(e) charges in respect of licences under [F4 the M2 Water Resources Act 1963 ][F4 Chapter II of Part II of the Water Resources Act 1991] to abstract water or in respect of water authorised by such licences to be abstracted.

(3) In this section “harbour authority” has the same meaning as in the last foregoing section.

Textual Amendments

F1 Words substituted by virtue of Interpretation Act 1978 (c. 30, SIF 115:1), s. 17(2)(a)

F2 Words in s. 27(2)(c) substituted (E.W.) (1.12.1991) for the words "section 28 of the Salmon and Freshwater Fisheries Act 1975 by virtue of paragraph 1(a) of Schedule 3 to that Act" by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF:130), ss. 2(1), 4(2) Sch. 1 para. 13(2)(a)

F3 Words substituted by virtue of Interpretation Act 1978 (c. 30, SIF:1), s. 17(2)(a)

F4 Words in s. 27(2)(e) substituted (E.W.) (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF:130), ss. 2(1), 4(2), Sch. 1 para. 13(2)(b)

Modifications etc. (not altering text)

C1 S. 27 extended by Transport Act 1981 (c. 56, SIF 58), Sch. 4 para. 1(2)(a)

C2 S. 27(1) explained by Docks and Harbours Act 1966 (c. 28, SIF 58), s. 46(1)

Marginal Citations

M1 1975 c. 51 (52:2).

M2 1963 c. 38 (130).