The Cowes Harbour Revision Order 2012

PART 2 CHARGES

Charges for services and facilities

4.  In addition to their power to demand ship, passenger and goods dues under section 26 (discretion of harbour authorities as to ship, passenger and goods dues) of the Harbours Act 1964, the Commissioners may demand, take and recover such reasonable charges for services and facilities requested by any party and provided by or on behalf of the Commissioners at the harbour as they may from time to time determine.

Payment of charges

5.—(1) The charges which the Commissioners are authorised to demand, take and recover in respect of vessels and goods under article 4 or any other enactment shall be payable before the removal from the harbour 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 Commissioners may from time to time specify in their published list of charges.

(2) Charges payable to the Commissioners—

(a) in respect of a vessel, shall be payable by the owner or master of the vessel; and

(b) in respect of goods, shall be payable by the owner, consignee or shipper of the goods.

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

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

Deposit for charges

6.—(1) The Commissioners 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 Commissioners, reasonable having regard to the amount or probable amount of the charge.

(2) Where such a person fails to deposit or guarantee the sum of money required the Commissioners may detain at the harbour 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 has been paid.

Liens for charges

7.—(1) A person who by agreement with the Commissioners collects charges on their behalf and who pays, or gives security for the payment of, charges in respect of goods in his possession shall have a lien on those goods for the amount paid or security given in respect of the goods.

(2) An operator of a wharf or quay or carrier who is not himself liable for the payment of charges may pay, or by agreement with the Commissioners give security for the payment of, charges in respect of goods in his custody, and in that event he shall have a like lien on the goods for the amount paid or security given in respect of the goods as he would have in respect of his charges for safe custody or, as the case may be, carriage of the goods.

Refusal to pay charges for landing place

8.  The harbour master may prevent a vessel from using a landing place provided by the Commissioners, if the master of the vessel refuses to pay the charges for such use.

Recovery of charges

9.  In addition to any other remedy given by this Order and by the 1847 Act as incorporated in the Cowes Harbour Acts and Orders 1897 to 2012 the Commissioners may recover any charges payable to them as a debt in any court of competent jurisdiction (including in a case where the master of a vessel in respect of which a charge is payable to the Commissioners refuses or neglects to pay the same or any part thereof, whether or not the Commissioners’ collector has gone on board the vessel and demanded the charge pursuant to section 44 (recovery of tonnage rates by distraint of ship and tackle) of the 1847 Act).

Harbour master may prevent sailing of vessels

10.  The harbour master may prevent the removal or sailing from the harbour of any vessel until evidence has been produced to him of the payment of any charges payable in respect of the vessel or of passengers thereon or of the goods imported or exported therein.