The Bristol City Docks Harbour Revision Order 1998

PART IV BYELAWS

General byelaws

11.—(1) In addition to the byelaws which may be made by the Council under the Bristol Dock Acts and Orders 1848 to 1992 in relation to the City Docks and the docks estate the Council may make byelaws for all or any of the following purposes—

(a) for regulating the use, operation and management of the City Docks and the docks estate;

(b) for regulating vessels in the City Docks and their entry into and departure from the City Docks and the good order and government of vessels within the City Docks;

(c) 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 City Docks;

(d) for requiring vessels using the City Docks to be constructed and equipped in accordance with reasonable specifications prescribed by the Council;

(e) for regulating the use of any works or facilities provided by the Council at the City Docks or the docks estate;

(f) for prohibiting the use by vessels of specified parts of the City Docks without the consent of the harbour master;

(g) for regulating the shipping and unshipping, landing, warehousing, stowing, depositing and removing of goods within the City Docks and at the docks estate;

(h) for preventing damage or injury to any vessel, goods, vehicle, plant, machinery, property or persons within the City Docks or the docks estate;

(i) for regulating the conduct of persons within the City Docks and the docks estate, not being members of a police force or officers or servants of the Crown whilst in the exercise of their duties;

(j) for preventing or removing obstructions or impediments within the City Docks;

(k) for prescribing the circumstances in which the Council may impound any vessel in the City Docks not having a licence in respect of those Docks under section 18 of the 1961 Act (as it applies to the City Docks) together with its cargo and other contents;

(l) for regulating the removal and disposal of ballast brought by vessels entering the City Docks and the supply of ballast to vessels within the City Docks so as to prevent any unnecessary obstruction by ballast;

(m) for preventing the disposal of any waste matter in the City Docks or the docks estate except at places or in a manner prescribed by the Council;

(n) for requiring the use of effectual silencers on vessels in the City Docks and the control of noise generally in the City Docks and the docks estate;

(o) for regulating the use of yachts, sailing boats, rowing boats, personal watercraft and other small vessels;

(p) for regulating the holding of regattas and other public events and entertainments within the City Docks and the docks estate;

(q) for prohibiting the use of the City Docks by vessels for the purpose of facilitating or otherwise in connection with any such events or entertainments as are mentioned in sub-paragraph (p) above;

(r) for regulating the launching of vessels within the City Docks;

(s) for regulating or preventing the use of fires or lights within the City Docks and the docks estate, and on or within any vessel in the City Docks;

(t) for regulating the movement, speed and parking of vehicles within the docks estate;

(u) for regulating fishing for marine creatures of any type and by whatever means from any vessel, or any pier, jetty, wharf or other installation or structure of any kind within or adjoining the City Docks;

(v) for regulating or preventing bathing, and for securing the protection of bathers, within the City Docks; and

(w) for regulating the exercise of the powers vested in the harbour master.

(2) In this article “signals” includes sound signals.

(3) Different byelaws may be made under this article in relation to different classes of vessel and in relation to different parts of the City Docks and the docks estate.

(4) The Council shall have the same powers of sale in respect of any vessel and its cargo and other contents impounded under any byelaw made under this article as if the Council had taken possession of the vessel under section 252 of the Merchant Shipping Act 1995(1) (Powers of harbour and conservancy authorities in relation to wrecks).

(5) The Council may recover as charges any costs or expenses reasonably incurred by them in impounding any vessel under any byelaw made under this article.

Confirmation of byelaws

12.—(1) 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 after the coming into force of this Order by the Council under the Bristol Dock Acts and Orders 1848 to 1992 or this Order.

(2) In its application to byelaws made under the Bristol Dock Acts and Orders 1848 to 1992 or this Order subsection (7) of the said section 236 shall have effect, subject to paragraph (3) below, as if after the word “confirm” in the second place where that word occurs there were inserted the words “with or without modification”.

(3) Where the confirming authority proposes to make a modification which appears to him to be substantial, then—

(i) he shall inform the Council and require them to take any steps he thinks necessary for informing persons likely to be concerned with that modification; and

(ii) he shall not confirm the byelaws until there has elapsed such period as he thinks reasonable for the Council and other persons who have been informed of the proposed modification to consider and comment on it.

(4) The confirming authority for the purposes of this article and of the said section 236 in its application to byelaws made under the Bristol Docks Acts and Orders 1848 to 1992 or this Order shall be the Secretary of State.

Offences against byelaws

13.  Byelaws made by the Council under the Bristol Dock Acts and Orders 1848 to 1992 or this Order may contain provisions for the imposition on any person offending against any byelaw of a fine on summary conviction not exceeding level 4 on the standard scale and in the case of a continuing offence a fine not exceeding one-tenth of that level for each day on which the offence is continued after conviction for it.

(1)

1995 c. 21.

(2)

1972 c. 70.