Harbours, Docks and Piers Clauses Act 1847
[1.] Extent of Act.
Interpretations in this Act
And with respect to the construction of this Act, and...
2The expression “the special Act” used in this Act shall...
3 Interpretations in this and the special Act.
Citing the Act
And with respect to citing this Act, or any part...
4 Short title of this Act.
5 Form in which portions of this Act may be incorporated in other Acts.
Construction of harbour, dock, or pier
And with respect to the construction of the harbour, dock,...
6 Construction of harbour, dock, or pier, to be subject to the provisions of this Act and one of the Lands Clauses Consolidation Acts.
7 Errors and omissions in plans, &c. may be corrected by justices, &c. who shall certify the same.
8 Works not to be proceeded with until plans of all alterations authorized by Parliament have been deposited.
9 Clerks of the peace, &c. to receive plans of alterations, and allow inspection.
10 Copies of plans, &c. to be evidence.
11 No deviation beyond the limits defined upon plans.
12†Works on the shore of the sea, &c. not to be constructed without the authority of the Commissioners of Woods, &c. and of the Admiralty.
13†Before alterations in plans are executed, to be approved of by the Admiralty and the Commissioners of Woods, &c.
Accommodation for custom house officers
And with respect to the construction of works for the...
14 Undertakers to erect watch-house and boat-house for custom house officers, and keep the same in repair.
15 Penalty on undertakers neglecting to repair watch-house, &c.
Life-boats
And with respect to life-boats, be it enacted as follows:...
16 Life-boats, &c. to be provided by undertakers.
17 Penalty for not providing life-boat, &c.
Tide gauge, &c.
And with respect to keeping a tide and weather gauge,...
18 A self-registering tide gauge and barometer to be provided by undertakers.
19 Penalty for not providing tide gauge, &c.
Warehouses and cranes
And with respect to the construction of warehouses, wharfs and...
20 Power to purchase additional land required for extraordinary purposes.
21 Power to construct warehouses and other works.
22 Undertakers to hire persons to work cranes.
23 Power to lease wharfs, warehouses, &c.
24†Legal quays to be approved by the Treasury, &c.
Rates
And with respect to the rates to be taken by...
25 Rates not to be taken until the works shall be completed.
26 Certificate of magistrate to be evidence that the harbour &c. is completed.
27 Tonnage of British registered vessels to be ascertained according to law; of other vessels according to established rules.
28 Exemption of vessels in her Majesty’s service, &c. from rates.
29 Vessels returning from stress of weather not to pay rates again.
30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
31 As to the rates on foreign vessels where treaties of reciprocity exist.
32 Power to compound for tolls payable in respect of passenger or pleasure vessels.
33 Harbour, dock, and pier free to the public on payment of rate.
Collection of rates
And with respect to the collection and recovery of rates,...
34 Collector may enter vessels to ascertain rates payable.
35 Master to report arrival of vessel.
36 Master of vessel to produce certificate of registry.
37 Masters of vessels to give accounts of goods intended to be unshipped within the limits, &c.
38 Penalty on masters giving no account, or a false account, of goods to be unshipped.
39 Shippers to give an account of goods intended to be shipped.
40 In case of dispute between collector and master, &c. goods to be weighed or measured.
41 As to the expences of weighing or measuring goods.
42 Rates on goods when payable.
43 Penalty on evading payment of rates.
44 Recovery of tonnage rates by distraint of ship and tackle.
45 Recovery of rates on goods.
46 Disputes concerning rates or charges occasioned by distress to be settled by a justice in England or Ireland, and in Scotland by the sheriff.
47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
48 Collector of customs may withhold a clearance to any vessel until the rates paid.
Account of rates
And with respect to the accounts to be kept of...
49 Undertakers to keep account of rates and vessels, &c.
50 Annual account to be prepared and transmitted to the clerk of the peace in England or Ireland, or to the sheriff in Scotland.
Harbour, dock, and pier master
And with respect to the appointment of harbour masters, dock...
51 Appointment of harbour, dock, or pier master.
52 Powers of harbour, dock, or pier master.
53 Penalty on shipmasters not complying with directions of the harbour master.
54 Penalty on harbour master for misbehaviour.
55 Penalty on offering bribes to dock officers, and on officers taking bribes.
56 Harbour master may remove wrecks, &c.
57 Unserviceable vessels to be altogether removed from harbour.
58 Harbour master may remove vessels within docks, &c.
59 Vessels entering harbour or dock to be dismantled as harbour master shall direct.
60 Vessels to have their sails lowered when entering and navigating dock.
61 Vessels to have hawsers, &c. fixed to moorings.
62 Penalty for wilfully cutting moorings.
63 Penalty on vessels lying near the entrance of harbour or dock without permission.
64 Vessels may be removed for the purpose of repairing harbour or dock.
65 Harbour master may remove such vessel if the master thereof neglect or refuse so to do.
Discharge of cargoes and removal of goods
And with respect to the discharging of vessels and the...
66 Delivery of cargoes and placing of discharged vessels.
67 Penalty on wharfingers giving undue preference.
68 Goods may be removed from the quays, &c. after lying there longer than allowed by byelaws.
Protection of the harbour, dock, and pier
And with respect to the protection of the harbour, dock,...
69 Combustible matter on quays, &c., to be removed.
70 Combustibles to be guarded during the night.
71 Penalties against offences herein named:
72 Power to enter ship and search for and extinguish fires or lights.
73 Penalty for throwing ballast, &c., into harbour or dock.
74 Owner of vessel answerable for damage to works.
75 As to the recovery of amount of damage to quays, &c.
76 Owner may recover damage from his servants.
Lighthouses, beacons, and buoys
And with respect to buoys, lighthouses and beacons, be it...
77 Power to erect lighthouses and lay down buoys, with consent of Trinity House.
78 Lights, beacons, or sea-marks not to be exhibited or altered without sanction of Trinity House
Harbour and dock police
And with respect to the police of the harbour, dock,...
79 Justices to appoint special constables named by the undertakers.
80 Dismissal of constables.
Meters and weighers
And with respect to the appointment of meters and weighers,...
81 Power to appoint meters and weighers.
82 Licensed meters and weighers only to be employed.
Byelaws
And with respect to the byelaws to be made by...
83 Byelaws may be made for all or any of the purposes herein named.
84 Byelaws may be enforced by imposition of penalties.
85 No byelaws to come into operation until allowed in the manner prescribed, and approved by one of the judges.
86 Notice of allowance of byelaws to be given in one or more newspapers.
87 A copy of proposed byelaws to be open to inspection.
88 Publication of byelaws.
89 Byelaws to be binding on all parties.
90 Proof of publication of byelaws.
91. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Recovery of damages and penalties
And with respect to the recovery of damages not specially...
92 Railways Clauses Consolidation Act, 1845, as to damages, &c. to be incorporated with this and the special Act.
93. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
94 All things required to be done by two justices in England and Ireland may, in certain cases, be done by one, and in Scotland by the sheriff, &c.
95†Penalties, &c. imposed in respect of any offence committed within the metropolitan police district to be paid to the receiver and applied under 2 & 3 Vict. c. 71.
96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Access to special Act
And with respect to access to the special Act, be...
97 Copies of special Act to be kept by undertakers at their office, and deposited with the clerks of the peace, &c., and be open to inspection.
98 Penalty on undertakers failing to keep or deposit such copies.
Saving of rights
And with respect to the saving of rights, be it...
99 Nothing in this or the special Act to affect the rights of the crown;
100 nor the rights of the crown as to revenue, &c.;
101 nor the rights of the City of London;
102 nor the rights of Trinity House, &c.
103 Act not to exempt the undertakers from the provisions of any general Act.
104. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Harbours, Docks and Piers Clauses Act 1847

1847 c.27

An Act for consolidating in One Act certain Provisions usually contained in Acts authorizing the making and improving of Harbours, Docks, and Piers.

Annotations:
Commencement Information
I1

Act wholly in force at Royal Assent

Modifications etc. (not altering text)
C2

Functions of clerk of the peace relating to the deposit of plans or documents now exercisable by proper officer of the local authority: Courts Act 1971 (c. 23), Sch. 8 para. 1 and Local Government Act 1972 (c. 70), Sch. 29 para. 4

C3

References to sheriff clerk of a county to be construed as reference to sheriff clerk of sheriff court district concerned: Local Government (Scotland) Act 1973 (c. 65), Sch. 27 Pt. I para. 1(3)

C4

Preamble omitted under authority of Statute Law Revision Act 1891 (c. 67)

C5

References to Ireland to be construed as exclusive of Republic of Ireland: S.R. & O. 1923/405 (Rev. X, p. 298: 1923, p. 400), art. 2

C6

This act is not necessarily in the form in which it has effect in Northern Ireland.

C7

Act incorporated in part (with modifications) (E.W.S.) (5.12.1989) by S.I. 1989/2036, art. 6 and Act incorporated in part (with modifications)(E.W.S.)(12. 3. 1991) by S.I. 1991/993, arts. 3(1)(2), 9, 10.

C8

Act restricted (E.W.S.)(23. 5. 1991) by S.I. 1991/1257, art. 23(2)(a).

C9

Act restricted (E.W.S.)(23. 5. 1991) by S.I. 1991/1258, art. 23(2)(a).

C10

Act restricted (E.W.S.)(23. 7. 1991) by S.I. 1991/1745, art. 15(2)(a).

C11

Definition "the prescribed limits" in this Act modified (E.W.S.) (20.3.1992) by S.I. 1992/1136, art. 9(3)

C12

Act extended (5.11.1993) by S.I. 1993/2733, art.9(3)

C13

Act amended (4.9.2000) by S.I. 2000/2251, art. 3(3)

C14

Act incorporated in part (with modifications) (E.W.S.) (2.7.1992) by S.I. 1992/1623, art.3.

Act incorporated in part (with modifications) (16.7.1992) by section 3 of the order contained in the Schedule to Peterhead Harbours Order Confirmation Act 1992 (c. xii)

Act incorporated in part (with modifications) (17.3.1993) by S.I. 1993/1313, art.3

Act incorporated in part (with modifications) (27.9.1993) by S.I. 1993/2176, art.3

Act incorporated in part (with modifications) (5.11.1993) by S.I. 1993/2733, art.3

Act incorporated in part (with modifications) (5.11.1993) by 1993 c. 42, s.18

Act incorporated in part for certain purposes (with modifications) (28.5.1994) by S.I. 1994/1440, arts. 3, 6

Act incorporated in part for certain purposes (with modifications) (8.7.1994) by S.I. 1994/1693, art. 3

Act incorporated in part for certain purposes (with modifications) (30.8.1994) by S.I. 1994/2298, art. 3

Act incorporated in part for certain purposes (with modifications) (1.11.1994) by S.I. 1994/2733, art. 3

Act incorporated in part for certain purposes (with modifications) (21.7.1994) by 1994 c. xiii, s. 12, Sch. 4

Act incorporated in part for certain purposes (with modifications) (13.4.1995) by S.I. 1995/1063, art. 3(1)

Act incorporated in part for certain purposes (with modifications) (19.8.1996) by S.I. 1996/2103, art. 3

Act incorporated in part for certain purposes (with modifications) (1.1.1998) by S.I. 1997/2949, art. 3

Act incorporated in part for certain purposes (with modifications) (1.4.1998) by S.I. 1998/683, art. 3

Act incorporated in part for certain purposes (with modifications) (22.4.1998) by S.I. 1998/1016, art. 3

Act incorporated in part for certain purposes (with modifications) (11.5.1998) by S.I. 1998/1215, art. 3

Act incorporated in part (with modifications) (E.W.S.) (8.7.1999) by S.I. 1999/2513, arts. 3, 9, 20

Act incorporated in part (with modifications) (1.8.2000) by S.I. 2000/2103, art. 3

Act incorporated in part (with modifications) (25.8.2000) by S.I. 2000/2152, art. 3

Act incorporated in part (with modifications)(4.9.2000) by S.I. 2000/2251, art. 3(1)(2)

Act incorporated in part (with modifications) (S.)(21.8.2000) by S.I. 2000/289, art. 3

Act incorporated in part (with modifications) (S.)(10.7.2001) by S.S.I. 2001/262, art. 3(1) (with art. 39)

Act incorporated in part (with modifications) (S.) (5.9.2002) by S.S.I. 2002/410, art. 3(1) (with arts. 59, 61)

C15

Act incorporated in part (with modifications) (E.W.S.) (30.8.2004) by Associated British Ports (Immingham Outer Harbour) Harbour Revision Order 2004 (S.I. 2004/2190), arts. 1, 3 (with art. 20)

C16

Act incorporated in part (with modifications) (S.) (15.6.2005) by Caledonian MacBrayne Limited (Kennacraig) Harbour Empowerment Order 2005 (S.S.I. 2005/353), arts. 1(1), 3 (with art. 39)

C17

Act incorporated in part (with modifications) (E.W.S.) (25.4.2006) by Associated British Ports (Hull) Harbour Revision Order 2006 (S.I. 2006/1135), arts. 1, 3

C18

Act incorporated in part (with modifications) (S.) (26.5.2007) by Port of Cairnryan Harbour Empowerment Order 2007 (S.S.I. 2007/308), arts. 1, 3 (with arts. 32, 33)

C19

Act incorporated in part (with modifications) (E.W.S.) (31.5.2007) by St Mary's (Isles of Scilly) Harbour Revision Order 2007 (S.I. 2007/1554), arts. 1, 3 (with arts. 19, 20)

C20

Act incorporated in part (with modifications) (E.W.S.) (6.7.2007) by Associated British Ports (Immingham Gas Jetty) Harbour Revision Order 2007 (S.I. 2007/1803), arts. 1, 3

C21

Act incorporated in part (E.W.S.) (29.12.2007) by Maryport Harbour Revision Order 2007 (S.I. 2007/3463), arts. 1(1), 3 (with arts. 78, 80, 81)

C22

Act incorporated in part (with modifications) (S.) (7.5.2008) by Caledonian Maritime Assets Limited (Largs) Harbour Revision Order 2008 (S.S.I. 2008/182), arts. 1, 3 (with arts. 54, 55)

C23

Act incorporated in part (with modifications) (E.W.S.) (16.5.2008) by London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), arts. 1, 3, 4(2), 37, 40, 42 (with arts. 41(1), 45, 54(2), 55, 56, 57, 58(6))

C25

Act incorporated in part (with modifications) (S.) (23.5.2008) by The Dumfries and Galloway Council (Isle of Whithorn) Harbour Empowerment Order 2008 (S.S.I. 2008/189), arts. 1, 3 (with arts. 53-56)

C24

Act incorporated in part (with modifications) (S.) (23.5.2008) by Dumfries and Galloway Council (Port William) Harbour Empowerment Order 2008 (S.S.I. 2008/188), arts. 1, 3 (with arts. 53-56)

C26

Act incorporated in part (with modifications) (S.) (23.5.2008) by Dumfries and Galloway Council (Garlieston) Harbour Empowerment Order 2008 (S.S.I. 2008/190), arts. 1, 3 (with arts. 53(1), arts. 54-56)

C27

Act incorporated in part (with modifications) (S.) (7.11.2008) by Whiteness Marina Harbour Revision Order 2008 (S.S.I. 2008/361), arts. 1(1), 3 (with arts. 31, 33)

C28

Act incorporated in part (with modifications) (S.) (29.1.2009) by Port Babcock Rosyth Harbour Empowerment Order 2009 (S.S.I. 2009/27), arts. 1, 3 (with arts. 36, 37)

C29

Act incorporated in part (with modifications) (E.W.S.) (18.9.2009) by Penzance Harbour Revision Order 2009 (S.I. 2009/2325), arts. 1, 3 (with arts. 39, 40)