14.—(1) Without prejudice to any power conferred on them by the provisions of the Whitehaven Town and Harbour Acts and Orders 1708 to 1991, the Commissioners may, subject to the provisions of this Order, take such steps from time to time as they may consider necessary for the improvement, maintenance and management of the harbour and the facilities (including recreational facilities) afforded therein or in connection therewith.
(2) For those purposes, and without prejudice to the generality of the foregoing, the Commissioners may—
(a)improve, maintain, regulate, manage, mark and light the harbour;
(b)do all other things which in their opinion are expedient to facilitate the proper carrying on or development of the harbour.
15. The Commissioners shall shut the lock gates forming part of Work No. 1 at any time—
(a)where it appears to them to be necessary to do so to prevent or alleviate flooding or to meet any other emergency; or
(b)if requested to do so by the Environment Agency for a purpose mentioned in paragraph (a) above.
16.—(1) Notwithstanding section 33 of the Act of 1847 (Harbour, dock and pier to be free to the public on payment of rates) as incorporated by any provision of the Whitehaven Town and Harbour Acts and Orders 1708 to 1991, but subject to the provisions of this Order, the waters of the Inner Harbour (except so far as being used for access between the Outer Harbour and North Harbour and Queens Dock), Custom House Dock and South Harbour shall be for the exclusive use of vessels falling within paragraph (2) below and accordingly the Commissioners shall not permit any other vessel to use those waters.
(2) Each of the following vessels fall within this paragraph—
(a)a pleasure craft;
(b)a vessel for the carriage of not more than 100 passengers where that vessel is used for berthing, landing or embarking passengers;
(c)a vessel which is, for the time being, used for or in connection with sea fishing for recreation;
(d)a vessel for the time being employed for the purposes of any of the functions of the Commissioners;
(e)a vessel for the time being employed in the supply of goods for use or for sale at premises situated on lands adjacent to the harbour;
(f)a vessel for the time being employed in connection with the provision of services at the harbour or on lands adjacent thereto;
(g)a lifeboat or a vessel used by the coastguard service, Trinity House or the Ministry of Defence;
(h)a vessel for the time being used for the purposes of the Cumbria Sea Fisheries Committee.
(3) In paragraph (2) above “pleasure craft” means any vessel of not more than 100 tons gross used wholly or mainly for recreation and not for the carriage of passengers or goods for reward.
(4) For the purposes of this article, the tonnage of a vessel shall—
(a)in the case of a vessel having a tonnage figure recorded in its certificate of registry, be taken to be that figure; and
(b)in the case of any other vessel, be calculated in accordance with the provisions of Appendix 5 to Schedule 5 to the Merchant Shipping (Tonnage) Regulations 1982(1).
(5) Nothing in this article shall prevent fishing vessels from using the waters of Custom House Dock and South Harbour until the completion of a new integrated fishing facility to be constructed on harbour land to the north of North Harbour and Queen’s Dock.
17.—(1) Notwithstanding section 33 of the Act of 1847 (Harbour, dock and pier to be free to the public on payment of rates) as incorporated by any provision of the Whitehaven Town and Harbour Acts and Orders 1708 to 1991, and without prejudice to the provisions of article 16 above, the Commissioners shall not permit any vessel carrying a cargo specified in paragraph (2) below to use the waters of the harbour.
(2) The cargoes referred to in paragraph (1) above are—
(a)unpackaged scrap metal;
(b)aggregates or fine powders;
(c)corrosive or volatile chemicals;
(d)radioactive material other than radio isotopes or other material used solely for the purposes of scientific research;
(e)bulk minerals;
(f)toxic waste;
(g)animal slurry.
18.—(1) Without prejudice to articles 16 and 17 above, the Commissioners may from time to time set apart and appropriate any part of the harbour for the exclusive or preferential use and accommodation of any trade, person, vessel or goods or any class of trader, vessel or goods, subject to the payment of such charges and to such terms, conditions and regulations as the Commissioners may think fit.
(2) No person or vessel shall make use of any part of the harbour so set apart or appropriated without the consent of the harbour master or other duly authorised officer of the Commissioners, and—
(a)the harbour master or, as the case may be, such officer, may order any person or vessel making use thereof without such consent to leave or be removed; and
(b)the provisions of section 58 of the Act of 1847 (powers of harbour master as to mooring of vessels in harbour) shall extend and apply with the necessary modifications to any such vessel.
19. The Commissioners may provide, purchase, take on lease, hire and use such vessels (including dredgers, tugs, hoppers or barges), vehicles, plant, machinery, apparatus or equipment (including dredging appliances or apparatus) as they may think necessary for the carrying on of the undertaking or otherwise effecting the purposes of this Order and may let the same on hire (with or without the services of their employees) for such sums and upon and subject to such terms and conditions as they may think fit or may sell or otherwise dispose of the same where vested in them.
20.—(1) Without prejudice to any duty or power imposed or conferred on them by any other statutory provision, for the purpose of saving life the Commissioners may provide and maintain in or in the vicinity of the harbour—
(a)boats or other vessels together with all necessary apparatus and equipment and buildings, structures, slipways and moorings for the operation or maintenance or accommodation of the same;
(b)lifebuoys, lifelines and other life-saving appliances together with structures for the storage and safe keeping of such appliances.
(2) The Commissioners may enter into arrangements with any person for the provision and maintenance of any of the facilities authorised by paragraph (1) above.
21. The Commissioners and any person authorised by them may hold exhibitions, shows, regattas, competitions, contests and other entertainments in or in connection with the harbour.
22. The Commissioners may provide facilities within the harbour for the parking of vehicles and for that purpose may erect barricades or fencing with related offices, waiting rooms and other conveniences and may make reasonable charges for the use of such facilities.
23.—(1) In addition to the byelaws which may be made by the Commissioners under section 83 of the Act of 1847 or any enactment contained in the Whitehaven Town and Harbour Acts and Orders 1708 to 1991, the Commissioners may make byelaws for the good rule and government of the harbour and, without prejudice to the generality of the foregoing, for all or any of the following purposes:—
(a)for regulating the use of pontoons, stagings, quays, jetties, piers, walkways, bridges, approaches, slipways, landing places, berthing heads, boat lifts, mooring posts, buildings, parking places and other works and facilities provided by the Commissioners;
(b)for preventing damage or injury to any vessel, goods, vehicle, plant, machinery, property or persons within the harbour;
(c)for regulating, preventing or licensing the conduct of all persons in vessels or otherwise in the harbour, not being members of a police force or officers or servants of the Crown whilst in the exercise of their duties as such;
(d)for regulating the placing, laying down, maintenance and use of moorings and for prescribing the patterns and specification of moorings in the harbour;
(e)for preventing or removing obstructions or impediments within the harbour;
(f)for regulating the launching of vessels within the harbour;
(g)for regulating or prohibiting the mooring, careening, beaching or anchoring and keeping of vessels in the harbour;
(h)for regulating or preventing the use in the harbour or on board any vessel therein of fires, lights or any other equipment, tools or appliances which the Commissioners consider involves a risk of fire and for the prevention of smoking;
(i)for regulating the removal or disposal of rubbish (including ballast, earth or clay or other refuse) and sewage from vessels in the harbour;
(j)for the prevention of the disposal of such rubbish and sewage as aforesaid in the harbour;
(k)for prohibiting the use of or regulating the movement, speed and parking of vehicles within the harbour;
(l)for requiring the use of effectual silencers and the general control of noise on vessels in the harbour;
(m)for regulating vessels in the harbour and their entry into and departure from the harbour and, without prejudice to the generality of the foregoing, for prescribing rules for regulating the speed and manner of navigation and the lights and signals to be exhibited or made by, or for the benefit of, vessels using, navigating or mooring within the harbour;
(n)for regulating the embarkation of persons into, or their disembarkation from, vessels within the harbour;
(o)for regulating the holding of regattas and other public events in the harbour;
(p)for prescribing the lights and signals to be exhibited or made—
(i)by vessels aground within the harbour;
(ii)by devices used for marking obstructions within the harbour;
(iii)for assisting the navigation of vessels within the harbour, at the entrance to any dock or at any wharf, pier or other work;
(q)for the prevention of nuisances in the harbour;
(r)for preventing or regulating the discharge by land or sea of any material or thing within the harbour or the approaches thereto;
(s)for regulating or preventing fishing for marine creatures of any type and by whatever means from any pier, jetty, wharf, or other installation or structure of any kind within the harbour;
(t)for regulating or preventing aquaplaning, water skiing or diving or other underwater activities in the harbour;
(u)for regulating or preventing bathing, and for securing the protection of bathers, within the harbour;
(v)for regulating or preventing the use by vehicles of the foreshore within the harbour;
(w)for regulating the use of ferries within the harbour; and
(x)for regulating the exercise of the powers vested in the harbour master.
(2) In this article “signals” includes sound signals.
(3) Byelaws made under this article or any other enactment may be expressed to be applicable within all or any part of the harbour and different byelaws may be so made in relation to different classes of vessels.
(4) The provisions contained in subsections (3) to (8) of section 236 and section 238 of the Local Government Act 1972(2) shall apply to all byelaws made by the Commissioners under this article or any other enactment.
(5) In its application to byelaws made by the Commissioners under this article or any other enactment subsection (7) of the said section 236 shall, subject to paragraph (6) below, be construed as if it had been amended by the insertion of the words “with or without modifications” after the word “confirm” in the second place where that word occurs.
(6) Where the confirming authority proposes to make a modification which appears to him to be substantial, then—
(a)he shall inform the Commissioners and require them to take any steps he thinks necessary for informing persons likely to be concerned with that modification; and
(b)he shall not confirm the byelaws until there has elapsed such a period as he thinks reasonable for the Commissioners and other persons who have been informed of the proposed modification to consider and comment on it.
(7) The confirming authority for the purposes of this article and of the said section 236 in its application to byelaws made by the Commissioners shall be the Secretary of State.
(8) Byelaws made by the Commissioners under this article or any other enactment may contain provisions imposing upon a person offending against any byelaw a fine on summary conviction not exceeding level 3 on the standard scale.
(9) In proceedings for an offence against byelaws made by the Commissioners under this article or any other enactment, it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised due diligence to avoid the commission of the offence.
(10) Section 14 of the Whitehaven Harbour Act 1962(3) and section 6 of the Whitehaven Harbour Act 1981(4) (which are replaced by this article) are hereby repealed.
24.—(1) The Commissioners may, after consultation with the Chamber of Shipping in each case of an exercise of the powers, give directions for the purpose of promoting or securing conditions conducive to the ease, convenience or safety of navigation in the harbour and the approaches thereto and, without prejudice to the generality of the foregoing, for any of the following purposes—
(a)for designating areas, routes or channels in the harbour and the approaches thereto which vessels are to use, or refrain from using, for movement or mooring;
(b)for securing that vessels move only at certain times or during certain periods;
(c)for requiring the master of a vessel to give to the harbour master information relating to the vessel reasonably required by the harbour master for the purposes of this paragraph.
(2) Directions given under paragraph (1) above may apply—
(a)to all vessels or to a class of vessels designated, or the designation of which is provided for, in the direction; and
(b)to the whole of the harbour and the approaches thereto, or to a part designated, or the designation of which is provided for, in the direction; and
(c)at all times or at times designated, or the designation of which is provided for, in the direction;
and every direction given under this article shall specify the extent of its application in relation to the matters referred to in sub-paragraphs (a), (b) and (c) above.
(3) The Commissioners may, after consultation with the Chamber of Shipping, revoke or amend directions given under this article.
25.—(1) Notice of the giving of a general direction and of any amendment or revocation of a general direction shall, except in case of emergency, be published by the Commissioners as soon as practicable once in Lloyd’s List or some other newspaper specialising in shipping news; and, if the notice relates to the giving or amendment of a direction, the notice shall state a place at which copies thereof may be inspected and bought, and the price thereof.
(2) In an emergency, notice of the giving of a general direction or of any amendment or revocation of a general direction may be given in any manner the Commissioners consider appropriate.
26.—(1) In addition to the directions which he may give under section 52 of the Act of 1847 the harbour master may give a direction under this article requiring any vessel anywhere within the harbour or the approaches thereto to comply with a requirement made in or under a general direction.
(2) A special direction may be given in any manner considered by the harbour master to be appropriate.
(3) The harbour master may revoke or amend a special direction.
27. The giving of a general direction or a special direction shall not diminish or in any other way affect the responsibility of the master of the vessel to which the direction is given in relation to his vessel, persons on board, its cargo or any other person or property.
28. The master of a vessel who fails without reasonable excuse to comply with a general direction or a special direction shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
29.—(1) Without prejudice to any other remedy available to the Commissioners, if a special direction is not complied with within a reasonable time the harbour master may, where practicable, put persons on board the vessel to carry out the direction or may otherwise cause the vessel to be handled in accordance with the direction.
(2) If there is no one on board the vessel to comply with a special direction, the harbour master may proceed as if the direction had been given and not complied with; but he shall not do so unless, after reasonable inquiry has been made, the master cannot be found.
(3) Expenses incurred in the exercise of the powers conferred by this article shall be recoverable by the Commissioners from the owner of the vessel.
30.—(1) Subject to articles 16 and 17 above and without prejudice to article 18 above, the Commissioners may designate any part of the harbour for the loading and unloading of any goods to which this article applies.
(2) Where pursuant to paragraph (1) above the Commissioners have designated a place for the loading or unloading of goods of any description the harbour master may direct that goods of that description, intended to be loaded onto or unloaded from a vessel, shall not be deposited or received elsewhere than at the place so designated; and, if any person disobeys any such direction, the Commissioners may remove the goods to the place so designated, and any expense incurred by them in so doing shall be recoverable from that person.
(3) The goods to which this article applies are goods in bulk and goods the nature or character of which is such as, in the opinion of the Commissioners, to give rise to special risk of contamination, taint, stain, injury or danger to other goods or to persons, property or water or to necessitate the provision of special facilities for the handling thereof or for the safety, protection, welfare or accommodation of persons employed in, or in connection with, such handling but not including fish or fishing tackle.
31.—(1) In addition to the powers conferred on the harbour master by section 57 of the Act of 1847 and on the Commissioners by any other enactment, the Commissioners may remove, sell, destroy or otherwise dispose of any vessel laid by or neglected as unserviceable in, or on land adjoining, the waters of the harbour or the approaches thereto.
(2) The Commissioners may retain out of the proceeds of sale of any such vessel, or any part thereof, any expenses incurred by them in respect of the vessel or in marking, buoying, lighting or otherwise controlling the vessel or warning shipping of its presence and any expenses incurred by the harbour master under section 57 of the Act of 1847, and shall pay the surplus, if any, to the person entitled thereto.
(3) If the proceeds of sale are insufficient to reimburse the Commissioners for the said expenses, or there is no sale, the Commissioners may recover the deficiency, or, where there is no sale, the whole of the expenses, from the owner.
(4) Except in a case of emergency, the Commissioners shall, before exercising their powers under this article, give seven clear days' notice in writing of their intention to do so to the registered owner of the vessel and by advertisement in each of three successive weeks in a local newspaper; and if before the notice expires the Commissioners receive from the owner counter-notice in writing that he desires to dispose of the vessel himself, the Commissioners shall not exercise the powers of this article in relation to that vessel until the expiration of 7 days beginning with the date of the receipt of the counter-notice and of any further continuous period thereafter during which the owner of the vessel proceeds with the disposal thereof with all reasonable diligence and in compliance with any directions for the prevention of interference with navigation or business at the harbour which may be given to him by the harbour master.
(5) If the owner or his place of business or abode is not known to the Commissioners or is outside the United Kingdom, the notice mentioned in paragraph (4) above may be given by displaying it at the office of the Commissioners for the period of its duration.
32.—(1) The Commissioners may remove anything, other than a vessel, in, or on land adjoining, the waters of the harbour or the approaches thereto—
(a)which is causing, or likely to cause, an obstruction to, or interference with, navigation;
(b)which is causing, or likely to cause, interference with the operation of any works of the Commissioners, or damage to any such works or to any property; or
(c)which is in the harbour without lawful authority;
and may take such steps as appear to them to be appropriate to prevent or minimise such obstruction, interference or damage.
(2) Where the Commissioners—
(a)remove anything under paragraph (1) above; and
(b)can readily identify its owner or a person whom they reasonably believe to be its owner;
the Commissioners shall, within 28 days of its coming into their custody, give written notice to that person stating that, upon proof of ownership to the reasonable satisfaction of the Commissioners possession may be retaken at a place named in the notice within the period specified in the notice (being not less than 14 days after the notice is served) and, if possession of the thing removed is not so retaken, it shall at the end of that period vest in the Commissioners.
(3) The Commissioners may, at such time and in such manner as they think fit—
(a)dispose of anything removed under paragraph (1) above in the case of which paragraph (2) does not apply, or
(b)notwithstanding paragraph (2) above, dispose of anything so removed,
which is of a perishable nature or the custody of which involves unreasonable expense or inconvenience.
(4) If anything disposed of by the Commissioners under this article is sold, the Commissioners may retain out of the proceeds of sale any expenses incurred by them under this section and any surplus—
(a)shall be paid to any person who within three months from the time when the thing came into the custody of the Commissioners proves to the reasonable satisfaction of the Commissioners that he was the owner thereof at that time; or
(b)if within the said period no person proves his ownership at the said time, shall vest in the Commissioners.
(5) If the proceeds of the sale of anything removed under this article are insufficient to reimburse the Commissioners for the said expenses, or there is no sale, the Commissioners may recover the deficiency, or, where there is no sale, the whole of the expenses, from the person who was the owner at the time when the thing removed came into the custody of the Commissioners or who was the owner at the time of its abandonment or loss.
33.—(1) If a vehicle is left without the permission of the Commissioners—
(a)in any place where it is likely to obstruct or interfere with the use of the harbour; or
(b)in any part of the harbour where the parking of vehicles is prohibited by notice erected by the Commissioners;
the Commissioners may, at the risk of the owner, remove the vehicle or cause it to be removed.
(2) Any notice erected under paragraph (1)(b) above shall be conspicuously posted in or close to the place to which it relates.
(3) Where the Commissioners in exercise of the powers of this article remove a vehicle or cause it to be removed they shall as soon as practicable report that fact to a constable or to a police station.
(4) The expenses of and incidental to the removal of a vehicle under this article shall be recoverable from any person responsible.
(5) For the purposes of paragraph (4) above “person responsible” means—
(a)the owner of the vehicle at the time when it was put in the place from which it was removed under paragraph (1) above, unless he shows that he was not concerned in, and did not know of, its being put there; or
(b)any person by whom the vehicle was put in that place.
(6) If the Commissioners in exercise of the powers of this article remove a vehicle to a place not readily visible from the place whence it is so removed they shall, if and as soon as it is reasonably practicable to do so, send to the person for the time being registered as the owner of the vehicle for the purposes of the Road Vehicles (Registration and Licensing) Regulations 1971(5) or any other regulations having the like effect for the time being in force, at his last known address, his registered address or the address where the vehicle is ordinarily kept, notice that they have exercised the powers of this article and of the place to which the vehicle has been removed.
(7) A notice stating the general effect of paragraph (1) above shall be displayed in a prominent position at each place where a road accessible to vehicles enters any part of the harbour.
34. A duly authorised officer of the Commissioners may, on producing if so required his authority, enter and inspect a vessel in the harbour for the purposes of any enactment relating to the harbour (including any enactment so relating contained in subordinate legislation) or of any byelaw of the Commissioners relating to the harbour, including the enforcement thereof.
35. A master who navigates his vessel in the harbour—
(a)without due care and attention; or
(b)in a manner liable to injure or endanger persons, other vessels, the banks of the harbour (whether above or below the level of high water) or any facility, structure or installation in or adjoining the harbour;
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
36.—(1) The owner or master of a vessel adrift in the harbour shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(2) It shall be a defence for the owner or master of a vessel charged with an offence under paragraph (1) of this article to prove that the vessel did not become adrift as the result of any neglect or default on his part.