Harbour directions

40ADirections

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 fishery harbour in Wales 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.

40BProcedure

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.

40CEnforcement

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.

40DSupplemental

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.

5

A power of the Secretary of State or Welsh Ministers to make an order under section 40A is exercisable by statutory instrument.

6

A statutory instrument containing an order under section 40A—

a

if made by the Secretary of State, is subject to annulment in pursuance of a resolution of either House of Parliament,

b

if made by the Welsh Ministers, is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

• “master”, in relation to a ship, means the person who has command or charge of the ship for the time being;