Harbours Act 1964 (c. 40)

[F1 Harbour directions E+W+S

Textual Amendments

F1 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

40A Directions E+W+S

(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 [F2 harbour 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

F2 Words 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)