The Yarmouth (Isle of Wight) Harbour Revision Order 2011

EXPLANATORY NOTE

(This note is not part of the Order)

This Order confers additional powers on the Yarmouth (Isle of Wight) Harbour Commissioners for the management and regulation of Yarmouth (Isle of Wight) Harbour, amends the provisions governing the appointment of Commissioners and makes other provisions. The Order effects related repeals and amendments to enactments relating to the Harbour.

Articles 4 to 9 of the Order confer powers to make general and special directions.

Article 4 confers powers on the Harbour Commissioners to give general directions in respect of the harbour for any purpose set out in Schedule 3 and article 5and Schedule 4 regulate the procedures for making such directions, as well as for making designations of parts of the harbour under article 18.

Article 6 empowers the harbourmaster to give special directions as to the use of the harbour and other matters relating to it.

Article 7 establishes an offence for failing to comply with a general or special direction and article 8 confers powers on the harbourmaster in the event of failure to comply with a special direction. Article 9 provides that the giving of a direction does not affect the existing responsibilities of a vessel’s master.

Articles 10 to 13 concern harbour and taxi water services. Article 10 prohibits the provision of such services without a licence issued by the Commissioners under article 11. Article 12 regulates the conditions attaching to licences, their term, the application procedure and the charging of fees. Article 13 provides for appeals against decisions of the Commissioners.

Articles 14 to 17 concern moorings. Articles 14 and 15 provide for the provision and licensing of moorings by the Commissioners, article 16 creates offences with respect to moorings and article 17 provides for enforcement action by the Commissioners.

Article 18 permits the Commissioners to designate parts of the harbour for particular uses and provides for the enforcement of designations. Article 19 provides for the licensing by the Commissioners of the use of fuel bowsers in the harbour area.

The miscellaneous and general provisions in Part 3 of the Order relate to the provision of embarkation information for the determination of landing charges (article 20), the boarding of vessels by authorised officers for the purposes of enforcement and other provisions or to deal with fire (article 21), the obstruction etc. of officers (article 22) and the service and execution of documents (articles 23 and 24). In addition, article 25 protects the rights conferred on certain land owners by the Yarmouth (Isle of Wight) Pier and Harbour Order 1931, article 26 regulates the bringing and conduct of appeals under articles 13 and 15(9), articles 27 and 28 protect, respectively, rights of the Crown and of Trinity House, article 29 and Schedule 5 amend the Yarmouth (Isle of Wight) Harbour Revision (Constitution) Order 2001 in particular to introduce new provisions concerning the appointment and terms of office of Harbour Commissioners and article 30 and Schedule 6 make a number of repeal, revocation and saving provisions.

A full regulatory assessment has not been produced for this instrument as no significant impact on the private or voluntary sectors is foreseen.