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Statutory Instruments

1988 No. 1703

HARBOURS, DOCKS, PIERS AND FERRIES

The Cattewater (Pilotage) Harbour Revision Order 1988

Made

29th September 1988

Coming into force

1st October 1988

The Secretary of State for Transport in exercise of the powers conferred by section 14 of the Harbours Act 1964(1) and now vested in him(2) and of all other powers enabling him in that behalf, and on the application of the Cattewater Harbour Commissioners, in accordance with section 7(5) of the Pilotage Act 1987(3) hereby makes the following Order:

Citation and Commencement

1.  This Order may be cited as the Cattewater (Pilotage) Harbour Revision Order 1988 and shall come into force on 1st October 1988.

Interpretation

2.  In this Order:

“the Commissioners” means the Cattewater Harbour Commissioners.

“the Cattewater Harbour” means that part of the Port of Plymouth which is subject to the Cattewater Harbour Acts and Orders of 1915, 1925, 1950 and 1986(4).

“the Act” means the Pilotage Act 1987.

“signed plan” means the plan signed in triplicate by an Under Secretary in the Department of Transport, two copies of which have been deposited at that Department and one copy of which has been deposited at the offices of the Commissioners situated at 2, The Barbican, Plymouth, Devon.

Extension of limits of jurisdiction for purposes of pilotage

3.  The limits within which the Commissioners shall have jurisdiction for the purposes of pilotage under Part I of the Act shall include, (in addition to the Cattewater Harbour), the area coloured pink on the signed plan, being so much of the tidal waters of the Port of Plymouth outside the Cattewater Harbour as is bounded on the north by the Tamar Bridges, on the east by the Laira Bridges and on the south by an imaginary line drawn three and one half nautical miles radius from the lighthouse on Plymouth Breakwater, including all bays, creeks lakes and pools and the waters of any open or closed docks within this area (with the exception of any docks or the waters immediately surrounding any wharves, piers, jetties or moorings belonging to the Ministry of Defence).

Signed by authority of the Secretary of State

J. W. S. Dempster

An Under Secretary in the

Department of Transport

29th September 1988

Explanatory Note

(This note is not part of the Order)

By virtue of section 7(5) of the Pilotage Act 1987 a direction given by a competent harbour authority for the purpose of making pilotage compulsory for ships navigating in a specified area shall not apply to any area which is outside the authority’s harbour unless the limits of jurisdiction of the authority for pilotage purposes have been extended to cover that area.

This Order accordingly extends the limits of jurisdiction of the Cattewater Harbour Commissioners for pilotage purposes under Part I of the Pilotage Act 1987 so as to include an area outside the harbour in respect of which the Commissioners consider that pilotage should be compulsory.

The applicants for this Order are the Cattewater Harbour Commissioners.

(1)

1964 c. 40; section 14 and Schedule 3 were amended by the Transport Act 1981 (c. 56), section 18 and Schedule 6, paragraphs 2 to 4.

(2)

S.I. 1981/238.