Harbour Authorities
Section 5: Harbour directions
18.This section amends the Harbours Act 1964 and inserts new sections 40A to 40D.
19.New section 40A (Directions) provides that the appropriate national authority may by order designate harbour authorities which may give harbour directions to ships within, entering or leaving their harbour. Harbour directions may relate to the movement of ships, their mooring or unmooring, their equipment and their manning. Those subject matters enable a designated harbour authority to regulate safety and environmental protection in the harbour. The appropriate national authority in this context is the Scottish Ministers in respect of a harbour in Scotland, the Welsh Ministers in respect of a fishery harbour in Wales and the Secretary of State in respect of any other harbour in England and Wales. In England and Wales, the regulation making power is subject to the negative resolution scrutiny procedure.
20.New section 40B (Procedure) governs the procedure applicable to harbour directions. A harbour authority must consult users and publicise a harbour direction before the direction is given, and publicise the fact that it has been given. There is also provision for the inspection of harbour directions and the provision of copies.
21.New section 40C (Enforcement) creates an offence where a master of a ship fails to ensure compliance with harbour directions without reasonable excuse. This is punishable on summary conviction by a fine not exceeding level 4 on the standard scale (currently £2500).
Section 6: Harbour closure orders
22.This section amends the Harbours Act 1964 and inserts new sections 17A to 17F.
23.New section 17A (Power to make closure order) provides the appropriate national authority with power to make a closure order so that a harbour authority will stop maintaining its harbour which is no longer commercially viable or necessary. The harbour authority must have applied for the order or consent to it or the national authority must be satisfied it is unlikely to object. Each national authority must publish further guidance about the circumstances in which an order will be made. The appropriate national authority in this context means the Scottish Ministers in respect of harbours in Scotland, the Welsh Ministers in respect of fishery harbours in Wales, and the Secretary of State in respect of all other harbours in England and Wales. There is already a similar provision in Northern Ireland.
24.New section 17B (Content of closure order) contains provisions as to the content of a closure order. A closure order will have the effect of relieving the harbour authority of some or all of its statutory functions and may include provision for transitional arrangements.
25.New section 17C (Harbour closure orders: property etc.) provides that a closure order may also provide for the transfer of some or all of the harbour authority’s property, rights and liabilities to other bodies.
26.New section 17D (Harbour closure orders: procedure) sets out the procedure for making a closure order which is a modified version of the procedure in Part 1 of Schedule 3 to the Harbours Act 1964 applicable to harbour revision orders.