The Poole Harbour Revision Order 2012

PART 5 MISCELLANEOUS AND GENERAL

Indemnity insurance for Commissioners

50.  The Commissioners may enter into, and pay premiums for, a contract of insurance to indemnify individual Commissioners jointly or severally against personal liability arising from any act or omission of the Commissioners or any of them, not being an act or omission which was a deliberate or reckless breach of duty.

Subsidiaries, etc.

51.—(1) The Commissioners may form and promote a wholly-owned subsidiary for carrying on activities which the Commissioners have power to carry on under or by virtue of this Order or any other enactment.

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

(3) The Commissioners may enter into arrangements with a company formed in exercise of the powers conferred by paragraph (1) for the transfer to that company from the Commissioners 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 Commissioners or of that other company which are relevant to the carrying on of the activities to be carried on by the first mentioned company.

(4) In this article, “wholly-owned subsidiary” has the meaning given by section 1159(2) of the 2006 Act.

Power to subscribe for shares, etc.

52.  The Commissioners may in connection with or for the purposes of the undertaking subscribe for or acquire shares or securities in any body corporate.

Development, etc., of land

53.—(1) The Commissioners may in connection with or for the purposes of the undertaking form and promote, or join with any other person in forming and promoting, a company—

(a) for using or developing for any purpose, any land within or in the vicinity of the harbour; or

(b) for carrying on any trade or business on any such land.

(2) Except as is otherwise provided by any enactment or rule of law, the powers of the company may include powers to do anything necessary or expedient for the purposes of the objects mentioned in paragraph (1) or for purposes incidental to those purposes, notwithstanding that the Commissioners would not themselves have the power to do that thing.

Power to grant tenancies and to dispose of land

54.—(1) The Commissioners may, for the purposes of or in connection with the management of the harbour, 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 for such period, at such rents and other considerations and on such terms and conditions as shall be agreed between the Commissioners and the person taking the same.

(2) The Commissioners may also dispose of, or grant the use or occupation for any purpose of, any lands, works, buildings, machinery equipment or other property they hold for the purpose of the harbour and which they consider to be surplus to that which they require to hold for that purpose.

Boarding of vessels

55.—(1) Any duly authorised officer of the Commissioners may enter and inspect a vessel in the harbour—

(a) for the purposes of any enactment relating to the Commissioners or of any byelaw of the Commissioners, including the enforcement of any such enactment or byelaw; or

(b) to prevent or extinguish fire.

(2) The power in paragraph (1) may be exercised only—

(a) in an emergency; or

(b) if notice of the officer’s intention to do so has been given to the owner or person appearing to have charge of the vessel, and (if requested) the officer’s written authorisation for the purposes of this article has been shown to them.

(3) A notice is validly given for the purposes of paragraph (2)(b) only if a copy of this article is attached to it.

Obstruction of officers

56.—(1) Any person who—

(a) intentionally obstructs or threatens an officer of the Commissioners acting in pursuance of this Order or in pursuance of any byelaw, direction or requirement made under this Order; or

(b) without reasonable excuse fails to comply with a requirement properly made by such an officer; or

(c) without reasonable excuse fails to provide any information (including their name and address) properly required by such an officer,

is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(2) Any person who in giving such information makes a deliberately false statement is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Notices

57.—(1) A notice or other document required or authorised to be served for the purposes of this Order, or of any byelaw made or having effect, or any direction given or having effect, under this Order, may be served—

(a) in the case of a notice under article 19(3)(b)(i), by registered post or recorded delivery;

(b) in any other case, by post; or

(c) with the consent of the person to be served (“the recipient”), and subject to paragraphs (7) to (10), by electronic transmission.

(2) Where the recipient is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.

(3) For the purposes of section 7 of the Interpretation Act 1978(1) as it applies for the purposes of this article, the proper address of the recipient in relation to the service of a notice or document under paragraph (1) is, if the recipient has given an address for service, that address, and otherwise—

(a) in the case of the secretary or clerk of a body corporate, the registered or principal office of that body;

(b) in any other case, the last known address of the recipient at the time of service.

(4) Where a notice or other document such as is referred to in paragraph (1) is required or authorised to be served on the recipient as having any interest in, or as the occupier of, land and the name or address of the recipient cannot be ascertained after reasonable enquiry, the notice may be served by—

(a) addressing it to the recipient by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it); and

(b) either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.

(5) Where a notice or other document such as is referred to in paragraph (1) is required or authorised to be served in relation to a vessel (including a wreck) or structure, and the name or address of the recipient cannot be ascertained after reasonable inquiry the notice or document may be served by—

(a) handing it to a member of the crew of the vessel, or to a person employed on the structure, as the case may be; or

(b) exhibiting it in a conspicuous position on or near the vessel or structure, unless it would not be reasonably practicable to exhibit the notice or document in this manner or if the notice or document would not be likely to be seen if it were so exhibited.

(6) A notice or other document which cannot be exhibited in the circumstances referred to in paragraph (5)(b), or which in the case of a notice under article 19(3)(b) is to be served on a recipient whose address is not in the United Kingdom, may be served by displaying it at the office of the harbourmaster for the period of its duration; and a copy of any notice which is served in the manner provided by paragraph (4) or (5) shall be so displayed at that office for the period of its duration.

(7) Where a notice or other document required to be served or sent for the purposes of this Order is served or sent by electronic transmission the requirement shall be taken to be fulfilled where the recipient has consented to the use of electronic transmission in writing or by electronic transmission.

(8) Where the recipient of a notice or other document served or sent by electronic transmission requests the sender within 7 days of receipt to provide a paper copy of all or any part of that notice or other document the sender shall provide such a copy as soon as reasonably practicable.

(9) A recipient may revoke any consent to the use of electronic transmission in accordance with paragraph (10).

(10) Where a recipient is no longer willing to accept the use of electronic transmission for any of the purposes of this Order—

(a) the recipient shall give notice in writing or by electronic transmission revoking any consent given by the recipient for that purpose; and

(b) such revocation shall be final and shall take effect on a date specified by the recipient in the notice but that date shall not be less than 7 days after the date on which the notice is given.

(11) This article shall not be taken to exclude the employment of any method of service not expressly provided for by it.

(12) This article does not apply to—

(a) a special direction; or

(b) a notice as to the removal of a vehicle under article 23(6); or

(c) a notice affixed to a vehicle under article 24(2)(b) or affixed to goods under article 25(1)(b).

Crown rights

58.—(1) Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and, in particular and without prejudice to the generality of the foregoing, nothing in this Order shall authorise any person to take, use, enter upon or in any manner interfere with, any land or hereditaments or any rights of whatsoever description (including any portion of the shore or bed of the sea or of any river, channel, creek, bay or estuary)—

(a) belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners, without the consent in writing of those Commissioners; or

(b) belonging to a government department, or held in trust for Her Majesty for the purposes of a government department, without the consent in writing of that government department.

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

Saving for Trinity House

59.  Nothing in this Order shall prejudice or derogate from any of the rights, duties or privileges of Trinity House.

Amendment of 2001 Order

60.  Schedule 3 has effect.

Repeal or revocation of enactments

61.—(1) On the date of the coming into force of this Order the Acts and Order referred to in columns (1) and (2) of Parts 1 and 2 of Schedule 4 are repealed or revoked to the extent specified in column (3) of that Part.

(2) The repeals and revocations effected by paragraph (1) are subject to Part 3 of Schedule 4.

(1)

1978 c.30.