In this Order:—

• “the Act of 1847” means the Harbours, Docks and Piers Clauses Act 18475;

• “the Admiralty Charts” means the Admiralty Charts for Portland Harbour and its approaches published at the date of this Order coming into force and numbered 2255 and 2268;

• “aids to navigation” includes lights, buoys, beacons and signals including sound and electronic signals and any structure required to house the same;

• “the breakwaters” means the Inner Breakwater, the Outer Breakwater, the North-eastern Breakwater and the Northern Arm;

• “charges” means the charges, rates, tolls and dues which the Company are for the time being authorised to demand, take and recover in relation to the harbour undertaking;

• “the Company” means Portland Port Limited (which is registered in England and Wales with the number 3002686);

• “the Council” means the Weymouth and Portland Borough Council;

• “dredging licence” means a licence granted under article 34 of this Order;

• “fish”, where used as a verb, means fishing (whether from a vessel or otherwise) by net, line, speargun or otherwise and includes both trawling and the placing or laying of pots for prawn, crab and lobster, and “fishing” shall be construed accordingly;

• “general direction” means a direction given under article 16 of this Order;

• “the harbour” means so much of the sea to the south of Weymouth Bay below the level of high water as is within the following imaginary straight lines:—

  1. a

     a line drawn east (true) from a point at Latitude 50° 36.42' N, Longitude 02° 26.50' W (the Nothe Point, Weymouth) to a point at Latitude 50° 36.42' N, Longitude 02° 23.84' W, being coterminous with the southern limit of Weymouth Harbour;

  2. b

     a line drawn south (true) from that point to a point at Latitude 50° 32.28' N, Longitude 02° 23.84' W;

  3. c

     a line drawn west (true) from that point to a point at Latitude 50° 32.28' N, Longitude 02° 25.45' W (the north point of Church Ope Cove); and

  4. d

     a line drawn across New Channel at its entrance to East Fleet coterminous with the western side of Ferry Bridge;

• “the harbour master” means any person appointed as such by the Company, and includes his duly authorised deputies and assistants and any other person for the time being authorised by the Company to act, either generally or for a specific purpose, in the capacity of harbour master;

• “the harbour premises” means the docks, quays, piers, wharves, berths, breakwaters, landing places, roads, bridges, sheds and all other works and conveniences, land and premises at any time used, intended to be used or set aside for the purposes of, or in connection with, the harbour undertaking;

• “the harbour undertaking” means the undertaking of the Company authorised by this Order;

• “hovercraft” means a vehicle which is designed to be supported when in motion wholly or partly by air expelled from the vehicle to form a cushion of which the boundaries include the ground, water or other surface beneath the vehicle;

• “the inner harbour” means that part of the harbour which is enclosed by the breakwaters, and includes the breakwaters;

• “the level of high water” means the level of mean high-water springs;

• “the main fairways” means—

  1. a

     the fairway known as the North Ship Channel, being an area seaward from the entrance to the inner harbour between two lines of true bearing 036° from “C” Head Light and 090° from “B” Head Light to a distance of 600 metres and inward from the entrance to the inner harbour between two lines of true bearing 260° from “C” Head Light and 210° from “B” Head Light to a distance of 600 metres; and

  2. b

     the fairway known as the East Ship Channel, being an area seaward from the entrance to the inner harbour between two lines of true bearing 015° from “A” Head Light and 090° from Fort Head Light to a distance of 600 metres and inward from the entrance to the inner harbour between a line of true bearing 270° from “A” Head Light and the Outer Breakwater to a distance of 600 metres;

• “master”, in relation to a vessel, means any person having or taking command, charge, management or conduct of the vessel for the time being;

• “operator” and “telecommunications code system” have the meanings given by paragraph 1(1) of Schedule 4 to the Telecommunications Act 19846;

• “the outer harbour” means that part of the harbour which does not comprise the inner harbour;

• “personal watercraft” means any watercraft (not being a structure which by reason of its concave shape provides buoyancy for the carriage of persons or goods) propelled by a jet engine or other mechanical means of propulsion and steered either—

  1. a

     by means of a handlebar-operated linkage system (with or without a rudder at the stern); or

  2. b

     by the person or persons riding the craft using his or their body weight for the purpose; or

  3. c

     by a combination of the methods referred to in (a) and (b) above;

• “the Queen’s Harbour Master” means the person for the time being appointed to be Queen’s Harbour Master of the Dockyard Port of Portland under the Dockyard Ports Regulation Act 18657;

• “seaplane” includes a flying boat and any other aircraft designed to manoeuvre on water but not a hovercraft or hydrofoil vessel;

• “small vessel” means a vessel of less than 20 metres in length;

• “special direction” means a direction given under article 18 of this Order;

• “statutory undertaker” means—

  1. a

     any person who is a statutory undertaker for any of the purposes of the Town and Country Planning Act 19908;

  2. b

     a coast protection authority within the meaning of section 1 of the Coast Protection Act 19499;

  3. c

     any operator of a telecommunications code system;

• “tidal work” means so much of any work as is on, under or over tidal waters or land below the level of high water;

• “Torpedo Pier Light” means the light on the south-east corner of Torpedo Pier located at Latitude 50° 35.94' N, Longitude 002° 26.75' W;

• “the Trinity House” means the Corporation of Trinity House of Deptford Strond;

• “vehicle” includes any vehicle propelled on rails, any machinery on wheels or caterpillar tracks, trailers, caravans and mobile homes and includes a hovercraft or any other amphibious vehicle;

• “vessel” means a ship, boat, raft or water craft of any description, however propelled or moved, and includes non-displacement craft, a personal watercraft, a seaplane on the surface of the water, a hydrofoil vessel, a hovercraft or any other amphibious vehicle and any other thing constructed or adapted for floating on or being submersed in water (whether permanently or temporarily);

• “Weymouth Harbour” means the tidal inlet of the sea known as Weymouth Harbour and so much of the area seaward thereof as is referred to in section 8 of the Weymouth and Melcombe Regis Corporation Act 188710, together with the area described in the Schedule to the Weymouth and Portland Harbour Revision Order 199311;

• “windsurfer” means a board with a sail or sails designed to be operated by a person or persons standing upright on it;

• “works” means works of any description and includes the reclamation of land reasonably required for the purpose of executing works; and

• “works licence” means a licence granted under article 33 of this Order.

All situations, points, directions, distances, lengths, dimensions, areas and other measurements stated in this Order shall be construed as if the words “or thereabouts” were inserted after each such situation, point, direction, distance, length, dimension, area or other measurement.

In this Order references to named, numbered or lettered breakwaters, heads of breakwaters, beacons, buildings, channels, coves, creeks, lights, piers and slipways, or other points, places, structures and apparatus are references to those so named, numbered or lettered on the Admiralty Charts.

A vessel of any description shall be a ship for the purposes of the application of the Harbours Act 1964 to the harbour undertaking.

The Act of 1847 (except sections 6 to 25, 28, 31, 32, 42, 48 to 50, 67, 77, and 83 to 90), so far as applicable to the purposes and not inconsistent with the provisions of this Order, is hereby incorporated with this Order subject to the modifications stated in paragraphs (2) to (5) below.

Section 63 shall have effect subject to the modification that for the words from “liable to” to the end of the section there are substituted the words “be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale”.

Section 69 shall have effect subject to the modification that for the words from “shall forfeit” to the end of the section there are substituted the words “shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale”.

Section 78 shall have effect subject to the modification that for the words “erect any lighthouse or beacon, or exhibit or allow to be exhibited any light, beacon, or sea-mark,” there are substituted the words “allow to be exhibited any permanent light, beacon, or sea-mark,”.

On the day this Order comes into force the Queen’s Harbour Master shall cease to be the harbour authority for the harbour and to have any duties, powers, rights, privileges or authorities in respect of it, and the Company shall become the harbour authority.

The area within which the Company shall have jurisdiction for the purposes of pilotage under Part I of the Pilotage Act 198712 shall include (in addition to the harbour) so much of the area outside the harbour as lies to the west of a straight line drawn from a point at Latitude 50°32.922'N, Longitude 02°24.867'W (Grove Point, Portland) to a point at Latitude 50°37.450'N, Longitude 02°19.317'W (White Nothe, Weymouth), but excluding Weymouth Harbour.

The Company may, subject to the provisions of this Order, take all such steps from time to time as they may consider necessary or desirable for the maintenance, operation, management and improvement of the harbour, the harbour premises and the facilities (including recreational facilities) afforded therein or in connection therewith, and for the conservation of the harbour’s flora, fauna and geological and physiographical features of special interest.

The Company shall, from time to time, formulate and publish a management plan in relation to their maintenance, conservation, operation, management and improvement of the harbour undertaking.

The Company shall establish a committee, to be known as the Portland Harbour Consultative Committee, which they shall consult (except in a case of special urgency or where it would be seriously detrimental to the commercial interests of the Company to do so) on all matters substantially affecting the conservation, protection, regulation, management, maintenance and improvement of the harbour and its navigation.

If it appears to the Company in the case of any of the appointments referred to in sub-paragraphs (a) to (f) of paragraph (2) above that the body by whom the nomination is to be made has refused or failed to nominate a member after being requested by the Company to do so, or if the body by whom any of the said nominations is to be made has ceased to have an identifiable existence, the appointment in question may be made by the Company after consultation with such persons (if any) appearing to the Company to be representative of the interests represented, or formerly represented, by the nominating body specified in the relevant sub-paragraph of paragraph (2) above as the Company consider appropriate.

The Company shall not be obliged to appoint a person who is duly nominated in accordance with any of sub-paragraphs (a) to (f) of paragraph (2) above but may request the body or bodies who made the nomination to nominate another person.

The term of office of a member of the Consultative Committee shall be three years from the date of his appointment and, on ceasing to hold office, he shall be eligible for re-appointment: Provided that a member of the Consultative Committee may at any time by notice in writing to the Company resign his office.

The Consultative Committee may determine its own quorum and procedure.

The Company shall appoint the Chairman of the Consultative Committee.

The Company shall take into consideration any matter, recommendation or representation which may from time to time be referred or made to them by the Consultative Committee, whether or not it has been consulted by the Company on the matter, recommendation or representation so referred or made.

In addition to their powers under section 201 of the Merchant Shipping Act 199513 (powers of harbour authorities as local lighthouse authorities) but subject to obtaining any necessary interest in or over land, the Company may erect or place, alter, discontinue or remove aids to navigation in any place adjacent to the harbour.

The Company may remove anything, other than a vessel, causing or likely to become an obstruction to, or cause interference with, navigation in any part of the harbour or any approach thereto and may take such steps as appear to them to be appropriate to prevent or minimise such obstruction or interference.

If anything removed by the Company under paragraph (1) above is so marked as to be readily identifiable as the property of any person, the Company 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 Company, possession may be re-taken 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 Company.

If the proceeds of sale of anything removed under this article are insufficient to reimburse the Company for the said expenses, or there is no sale because the thing is unsaleable, the Company 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 Company or who was the owner at the time of its abandonment or loss.

The Company may from time to time set apart and appropriate any part of the harbour premises and waters adjacent thereto for the exclusive, partial or preferential use and accommodation of any particular trade, person, vessel or class of vessels, or goods, subject to the payment of such charges and subject to such terms, conditions and regulations as the Company may think fit.

The Company may demand, receive and recover in respect of any vessel using any of the moorings provided under this article or moored to land owned or leased by the Company such reasonable charges as the Company may from time to time prescribe.

The Company may compound with any person with respect to the payment of the charges prescribed under paragraph (2) above.

If any person commits an offence under paragraph (6)(d) above, the Company may remove the mooring in question and recover from that person the expenses incurred in doing so.

In this article “mooring” includes any buoy, pile, post, chain, pillar or like apparatus or convenience used for the mooring of vessels.

In this article, “relevant feature” means any landing place, jetty, embankment, structure or other work in the harbour or on land immediately adjoining the waters of the harbour other than one under the control or management of the Company.

A notice under this article shall have annexed to it a copy of this article.

A person aggrieved by a notice served by the Company under this article may, during the period of 21 days beginning with the date on which the notice was served, appeal to the Secretary of State against the notice.

An appeal under paragraph (5) above shall be made by notice in writing stating the grounds of the appeal.

A person who appeals under paragraph (5) above shall give to the Company notice of his appeal accompanied by a copy of his statement of appeal; and the Company shall, within 21 days of receipt of the notice, be entitled to furnish to the Secretary of State their observations on the appeal.

On an appeal under paragraph (5) above, the Secretary of State shall either quash the notice, modify its requirements or dismiss the appeal.

The Company may grant upon such terms and conditions as they think fit permits to the persons in charge of or navigating pleasure craft used for carrying paying passengers within the harbour, and may charge for such a permit a reasonable fee in respect of the administrative expenses of processing the application for the permit.

Any such permit may be granted for such period as the Company may think fit, and may be suspended or revoked by the Company; but the existence of the power to suspend or revoke the permit shall be specifically mentioned in the permit itself.

In deciding whether to grant, suspend or revoke any permit pursuant to paragraphs (1) and (2) above, the Company shall only have regard to the interests of safe navigation within the harbour.

Except with the written permission of the Company, no person shall carry, or permit to be carried, paying passengers in a pleasure craft unless the person in charge of it and any other person navigating it have been granted a permit under this article and the conditions of the permit are complied with, or at any time during the suspension of the permit.

Any person who contravenes or otherwise fails to comply with paragraph (4) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Any person aggrieved by the withholding, suspension, or revocation of any permit under the provisions of this article may appeal to a magistrates' court held after the expiration of two clear days after such withholding, suspension, or revocation: Provided that the person so aggrieved shall give 24 hours' written notice of such appeal, and the ground thereof, to the Company and the court shall have power to make such order as they see fit and to award costs, such costs to be recoverable summarily as a civil debt.

In this article, “pleasure craft” means any vessel which has a passenger certificate issued by the Secretary of State pursuant to regulations under sections 85 and 86 of the Merchant Shipping Act 1995 or which is licensed by the Council under section 94 of the Public Health Acts Amendment Act 190714.

The Company, as may appear to them to be necessary or desirable for the purposes of the harbour undertaking, may deepen, dredge, scour, cleanse, alter and improve so much of the bed, shores and channels of the harbour and the approaches thereto, and may blast any rock in that area, and they may use, appropriate or dispose of the materials (other than wreck within the meaning of Part IX of the Merchant Shipping Act 1995) from time to time dredged by them.

No materials so dredged shall be deposited below the level of high water except in such places and in accordance with such conditions and restrictions as may be approved or prescribed by the Secretary of State.

In its application to the Company, section 252 of the Merchant Shipping Act 1995 (which confers on bodies which are harbour authorities within the meaning of that Act powers with respect to any vessel sunk, stranded or abandoned in, or in or near any approach to, any harbour or tidal water in such manner as to be an obstruction or danger to navigation) shall have effect in relation to the harbour and the approaches thereto in relation to a vessel sunk, stranded or abandoned before, as well as after, the coming into force of this Order.

Subject to paragraph (3) below, and to any enactment for the time being in force limiting his liability, the Company may recover from the owner of any vessel in relation to which they have exercised their powers under the said section 252 any expenses reasonably incurred by them under that section in relation to that vessel which are not reimbursed out of any proceeds of sale within the meaning of that section.

Notice under paragraph (3) above to the owner of any vessel may be served by the Company either by delivering it to him or by sending it to him by registered post or the recorded delivery service addressed to him at his last known place of business or abode in the United Kingdom or, if the owner or any such place of business or abode is not known to the Company, or is not in the Untied Kingdom, by displaying the notice at the office of the Company for the period of its duration.

In this article “owner”, in relation to any vessel, means the person who was the owner of the vessel at the time of the sinking, stranding or abandonment thereof.

The powers conferred on the Company by this article shall be in addition to and not in derogation of any other powers exercisable by them for or with respect to the removal of wrecks within the harbour and the approaches thereto.

The Company may make such byelaws as they think fit for the efficient management and regulation of the harbour and the harbour premises.

In this article “signals” includes sound signals.

The Company may, after consultation with the Chamber of Shipping except in cases of emergency, revoke or amend any general direction.

Notice of the giving of a general direction and of any amendment or revocation of a general direction shall, except in an emergency, be published by the Company as soon as practicable once in a newspaper circulating in the locality of the harbour and, if the notice relates to the giving or amendment of a direction, shall state a place at which copies thereof may be inspected and bought and the price thereof.

In an emergency, notice of the giving of a general direction or of the amendment or revocation of a general direction may be given in any manner considered by the Company to be appropriate.

A special direction may be given in any manner considered by the harbour master to be appropriate.

The harbour master may revoke or amend a special direction.

The master of a vessel who fails 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.

In any proceedings for an offence under paragraph (1) above, it shall be a defence for the person charged to prove that he had reasonable grounds for believing that non-compliance with the direction in question was necessary to secure the safety of any vessel or to prevent injury to any person or damage to any vessel or cargo, or that in the circumstances compliance was impracticable.

Without prejudice to any other remedy available to the Company, if a special direction is not complied with within a reasonable time, the harbour master may 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.

Expenses incurred by the Company in the exercise of the powers conferred by paragraph (1) above shall be recoverable by them as if they were a charge of the Company in respect of the vessel.

The charges which the Company are for the time being authorised to demand, take and recover in respect of vessels and goods or otherwise under any enactment shall be payable before the removal from the harbour or the harbour premises of any vessel or goods in respect of which they are payable, and may be demanded, taken and recovered by such persons, at such places, at such times and under such terms and conditions as the Company may from time to time specify in their published list of charges.

Where charges payable to the Company may be recovered by them from more than one person, the persons from whom they may be recovered shall be jointly and severally liable.

Without prejudice to the generality of paragraph (1) above, the terms and conditions as to the payment of charges which the Company may from time to time specify may include the time when a charge falls due for payment and may require such information to be given to the Company by the owner or master of a vessel or a person using a service or facility of the Company as the Company may require in connection with the assessment or collection of a charge.

The Company may, if they think fit, require a person who incurs or is about to incur a charge to deposit with them, or to guarantee, such sum of money as is, in the opinion of the Company, reasonable having regard to the amount or probable amount of the charge.

Where such a person fails to deposit or guarantee the sum of money required the Company may detain in the harbour or on the harbour premises the vessel or goods in respect of which the charge has been or will be incurred, until the requirement has been complied with or the charge paid.

A person who by agreement with the Company collects charges on their behalf and who pays or gives security for the payment of charges on goods in his possession shall have a lien on those goods for the amount paid or security given in respect thereof.

A wharfinger or carrier who is not himself liable for the payment of charges may pay or by agreement with the Company give security for charges on goods in his custody, and in that event he shall have a like lien on the goods for the amount of those charges as he would have in respect of his charges for safe custody or carriage of the goods, as the case may be.

Officers of the Department of the Environment, Transport and the Regions in the execution of their duty shall at all times be exempt from harbour dues.

No harbour dues shall be payable in respect of a vessel which merely passes through the limits of the outer harbour without mooring, anchoring or making use of any facilities provided by the Company.

In this article “harbour dues” means ship, passenger and goods dues which the Company may demand under section 26 of the Harbours Act 1964.

The Company may by notice require a person who contravenes this article to remove, abate or rectify, within a reasonable time specified in the notice, any work, operation or omission to which the contravention relates and to restore the site thereof to its former condition; and if he fails to comply with the notice, the Company may carry out the works so required and may recover from him the cost of so doing.

Any person who without reasonable excuse contravenes this article shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

This article applies to any operations or works in the harbour of a statutory undertaker on, under or over tidal waters or land below the level of high water, not being operations or works which are specifically authorised by an enactment.

Subject to paragraph (3) below, a statutory undertaker shall not carry out any operations or works to which this article applies unless it has given notice of its intention to do so to the Company and has supplied the Company with such particulars as they may reasonably require.

Where, in an emergency, it is impracticable to give notice as required by paragraph (2) above, the statutory undertaker shall inform the Company of the operations or works as soon as reasonably practicable.

Any operations or works to which this article applies shall be carried out subject to any directions which may from time to time be given by the Company to the statutory undertaker, being directions for the avoidance of danger and the prevention, so far as possible, of interference with navigation in the carrying out of such operations or works.

Any person who, without reasonable excuse, contravenes this article shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

The Company may upon such terms and conditions as they think fit grant to any person a licence to construct, alter, renew or extend any works in the harbour on, under or over tidal waters or land below the level of high water, notwithstanding that the works as constructed, altered, renewed, or extended interfere with the public right of navigation or any other public right.

The Company may require an applicant for a works licence, on making his application, to pay a reasonable fee in respect of the administrative expenses of dealing with the application.

As a condition of the granting of a licence, the Company may require a licensee, being an applicant to whom a licence has been granted or his successor, where works are constructed pursuant to the licence, to pay such reasonable fees in respect of the Company’s administrative expenses and overheads in supervising or inspecting where necessary the construction or maintenance of the works.

Where the Company refuse to grant a works licence which has been applied for they shall give reasons in writing for their refusal.

Where the Company grant a works licence upon terms or conditions or require any modification in the plans and particulars, they shall give reasons in writing for the terms and conditions imposed or the modifications required.

If within three months from the receipt of the application under paragraph (2) above the Company do not grant a works licence, they shall be deemed to have refused the application.

Articles 36 to 41 of this Order shall apply in relation to the holder of a works licence as respects the works which are authorised by the licence as they do in relation to the Company as respects tidal works.

The Company may upon such terms and conditions as they think fit grant to any person a licence to dredge in any part of the harbour.

Application for a dredging licence shall be made in writing to the Company and shall be accompanied by plans, sections and particulars defining the nature, extent and manner of the operations to be carried out in the exercise of the powers granted by the licence, and in granting any such licence the Company may require modifications in the plans, sections and particulars so submitted.

Paragraphs (3) to (7) and (9) of article 33 of this Order shall apply in relation to a dredging licence as they apply in relation to a works licence.

Any materials (other than wreck within the meaning of Part IX of the Merchant Shipping Act 1995) taken up or collected by means of dredging in pursuance of a dredging licence shall be the property of the holder of the licence and he may use, sell or otherwise dispose of or remove or deposit the materials as he thinks fit:

• Provided that—

  1. i

     no such material shall be laid down or deposited in any place within the harbour below the level of high water except in such positions as may be approved by the Company and subject to such conditions as may be imposed by the Company;

  2. ii

     if it appears to the holder of the dredging licence that the Company have unreasonably withheld their approval under paragraph (i) of this proviso or that any condition imposed by the Company under that paragraph is unreasonable, he may appeal to the Secretary of State whose decision shall be binding upon the parties.

An appeal under paragraph (1) above shall be made by notice in writing stating the grounds of the appeal.

The appellant shall send to the Company a copy of the notice of his appeal; and the Company may, within 28 days of the receipt of the notice, furnish to the Secretary of State their observations on the appeal.

The Secretary of State may confirm, vary or revoke the decision appealed against and may make such consequential amendments as he may specify.

The Secretary of State may direct the Company to give effect to his decision, and the Company shall forthwith comply with any direction given.

A tidal work shall not be constructed, altered, replaced or re-laid except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by him before the work is begun.

The Company shall at or near a tidal work during the whole time of the construction, extension, enlargement, alteration, replacement or relaying thereof, exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as the Secretary of State shall from time to time direct.

If the Company fail to comply with any requirement of a direction given under paragraph (1) above, they shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.

In the case of injury to, or destruction or decay of, a tidal work or any part thereof the Company shall as soon as reasonably practicable notify the Trinity House and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as the Trinity House may from time to time direct.

If the Company fail to notify the Trinity House as required by paragraph (1) above or to comply with any requirement of a direction under it, the Company shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.

Where a tidal work is abandoned, or suffered to fall into decay, the Secretary of State may by notice in writing require the Company at their own expense either to repair and restore the work or any part thereof, or to remove the work and restore the site thereof to its former condition, to such an extent and within such limits as he thinks fit.

If, at the end of 30 days from the date when a notice under this article is served upon the Company, they have failed to comply with the requirements of the notice, the Secretary of State may execute the work specified in the notice and any expenditure incurred by him in so doing shall be recoverable from the Company.

After the completion of a tidal work the Company shall at the outer extremity thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps, if any, for the prevention of danger to navigation as the Trinity House may from time to time direct.

If the Company fail to comply in any respect with a direction given under this article, they shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.

The Company may, for the purposes of or in connection with the management of the harbour undertaking, lease or grant the use or occupation of, or any right or interest in or over, any lands, works, buildings, machinery, equipment or other property forming part of the harbour premises for such period, at such rents and other considerations and on such terms and conditions as shall be agreed between the Company and the person taking the same.

The Company may also dispose of, or grant the use or occupation of, any property held by them for the purpose of the harbour undertaking, which they consider to be surplus to that required by them for the purposes of the harbour undertaking.

The Company may form and promote a wholly-owned subsidiary for carrying on any activities which the Company have power to carry on under or by virtue of this Order.

The Company shall secure that any company formed in exercise of the powers conferred by paragraph (1) above remains such a wholly-owned subsidiary.

The Company may enter into arrangements with a company formed in exercise of the powers conferred by paragraph (1) above for the transfer to that company from the Company or from any other company so formed, in such manner and on such terms (including payments by any of the parties to the arrangements to any of them) as may be provided for by the arrangements, of any property, rights, liabilities or obligations of the Company or of that other company which are relevant to the carrying on of the activities to be carried on by the first-mentioned company.

In this article, “wholly-owned subsidiary” has the meaning given by section 736 of the Companies Act 198516.

If in any case the defence provided by paragraph (1)(a) above involves the allegation that the commission of the offence was due to the act or default of another person, the defendant shall not, without leave of the court, be entitled to rely on that defence unless, within a period of seven clear days before the hearing, they have served on the prosecutor a notice in writing giving such information identifying, or assisting in the identification of, that other person as was then in their possession.

The Company may designate any part of the harbour premises for the loading and unloading of any goods to which this article applies.

Where pursuant to paragraph (1) above the Company 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 Company may remove the goods to the place so designated, and any expense incurred by them in so doing shall be recoverable from that person.

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 Company, 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.

If any goods are left on or in any part of the harbour premises the Company may require the owner of the goods to remove them; and if the goods are not so removed within six hours after such requirement or, in any case where it is not reasonably practicable to contact the owner of the goods, within six hours after leaving a notice on the goods requiring their removal, the Company may cause them to be removed to their own or any other public warehouse or store; and such removal shall be carried out at the expense and risk of the owner.

The Company may, if they think fit, after giving seven days' notice to the owner of the goods, and shall if so required by the owner of the goods, sell or otherwise dispose of the goods, in such manner as they think fit and reimburse themselves out of the proceeds of sale, and the Company shall hold any surplus of such proceeds on trust for the person entitled thereto.

In this article, “goods” includes vehicles and equipment.

Any notice erected under paragraph (1)(b) above shall be conspicuously posted in or close to the place to which it relates.

If the Company 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 Regulations made under section 105 of the Road Traffic Act 198818 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.

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 premises.

Any person who in giving such information makes a statement which he knows to be false shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

A consent under paragraph (1) above may be given unconditionally, or subject to such conditions and upon such terms as may be considered necessary or appropriate.

In the Weymouth and Portland (Pilotage) Harbour Revision Order 198824, at the end of article 3 (Extension of limits of jurisdiction for purposes of pilotage), there shall be added the following words—

The plan deposited in connection with that order (therein called the “signed plan”) shall be treated as being amended accordingly.

For the protection of the Environment Agency (in this article referred to as “the Agency”) the following provisions shall, unless otherwise agreed in writing between the Company and the Agency, have effect.

In this article—

• “plans” includes sections, descriptions, drawings, specifications and method statements and other such particulars;

• “specified work” means so much of any permanent or temporary work or operation authorised by or under this Order (which includes, for the avoidance of doubt, any dredging and any geotechnical investigations that may be undertaken) as is situated in, on, under, over or within 16 metres of the scheme; and

• “the scheme” means that part of the Portland Sea Defence Scheme which comprises an open trapezoidal drain discharging into the harbour and an outfall into the harbour by way of three culverts.

Without prejudice to the generality of paragraph (3) above, the requirements which the Agency may impose under that paragraph include conditions requiring the Company at their own expense when carrying out the specified works to construct such protective works (including any new works as well as alterations to existing works) as are reasonably necessary to safeguard the scheme against damage or to secure that its efficiency for flood defence purposes is not impaired.

Any specified work, and all protective works required by the Agency under paragraph (4) above, shall be carried out to the reasonable satisfaction of the Agency and the Agency shall be entitled by its officer to watch and inspect the carrying out of such works.

The Company shall give the Agency notice in writing of the commencement of any specified work not less than 14 days prior to its commencement and notice in writing of its completion not later than 7 days after the date on which it is first brought into use.

Any difference arising between the Company and the Agency under this article (other than a difference as to its meaning or construction) shall be referred to and settled by a single arbitrator appointed by agreement between the parties or, in default of agreement, by the President of the Institution of Civil Engineers.

The preceding provisions of this article shall apply in relation to works or dredging licensed by the Company under this Order to be carried out by a person other than the Agency, as they apply to a specified work constructed by the Company; and, accordingly, references in those provisions to the Company shall be construed as including references to the holder of the relevant licence.