The Cowes Harbour Revision Order 2012

PART 4 MISCELLANEOUS AND GENERAL

Harbour services and facilities

18.—(1) The Commissioners shall have power to provide, maintain, operate and improve such harbour services and facilities in, or in the vicinity of, the harbour as they may consider necessary or desirable and to take such action as they consider incidental to the provision of such services and facilities.

(2) No provision of the Cowes Harbour Acts and Orders 1897 to 2012 shall prejudice or derogate from the generality of paragraph (1).

Service of notices and other documents

19.—(1) Without prejudice to the discretion of the harbour master under article 14(3) and subject to the following provisions of this article, a notice or other document to be served for the purposes of this Order, must be in writing and may be served by post.

(2) Where the person on whom a notice or other document is to be served for the purposes of this Order is a body corporate, the notice or other document is duly served if it is served on the secretary or clerk of that body.

(3) Where a person on whom a notice or other document is to be served has agreed in writing that service may be by email, or other electronic means, the Commissioners may employ this method of service until such time as the person informs them in writing that he is no longer willing to receive notices or other documents by email or by other electronic means.

(4) For the purposes of section 7 (references to service by post) of the Interpretation Act 1978(1) as it applies for the purposes of this article, the proper address of any person in relation to the service on him of a notice or other document under paragraph (1) is, if he 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; and

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

(5) Where for the purposes of this Order a notice or other document is to be served on a person whose name and address cannot be ascertained after reasonable inquiry—

(a) in the case of a notice or other document to be served on any person as having an interest in, or as the occupier of, any land, it may be served by—

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

(ii) 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;

(b) in the case of a notice or other document relating to a vessel (including a wreck), it may be handed to a member of the crew or served by exhibiting it in a conspicuous position on or near the vessel, unless it would not be reasonably practicable to exhibit the notice or other document in this manner, or if the notice or other document would not be likely to be seen if it were so exhibited; and

(c) in the case of any other notice or other document or a notice or other document that is not capable of being served pursuant to paragraph (5)(b) it may be served by displaying it at the office of the harbour master while it is in force.

(6) This article shall not be taken to exclude the employment of service by any other means.

Power to grant tenancies and to dispose of land

20.—(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 undertaking for such period, at such rents and other considerations and on such terms and conditions as may be agreed between the Commissioners and the person taking the same.

(2) The Commissioners may also dispose of, or grant the use or occupation of, any property vested in them and held by them for the purposes of the harbour which is no longer required for those purposes.

Commercial activities

21.  If it conduces to the efficient and economical performance by the Commissioners of the management of the harbour they may—

(a) carry on a trade or business of any kind including a trade or business carried on in conjunction with another person; or

(b) form, invest in and promote, or join with another person in forming, investing in and promoting, a company for investing in, using or developing for any purpose land, or for carrying on any trade or business of any kind, in the harbour.

Liability for safety of goods

22.  The Commissioners shall not be responsible for the safe keeping of goods deposited in any part of the harbour premises not specifically set apart by the Commissioners for the purpose of warehousing.

Removal of goods

23.—(1) If any goods are left on or in any part of the harbour premises the Commissioners may require the owner of the goods to remove them; and if the goods are not removed within six hours after such requirement or, in any case where it is not reasonably practicable to identify or contact the owner of the goods, within six hours after leaving a notice on the goods requiring their removal, the Commissioners 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.

(2) When goods are so removed and placed in store on behalf of the Commissioners, they shall be subject to a lien for the expenses of, and incidental to, the removal, and for any charges payable to the Commissioners by the owner in respect of the goods.

(3) The Commissioners may, if they think fit, after giving seven days’ notice to the owner of the goods when the owner can be identified and contacted, and must, 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 Commissioners must hold any surplus of such proceeds on trust for the person entitled thereto.

(4) In this article “goods” includes vehicles and equipment.

Removal of vehicles and boats

24.—(1) If-

(a) a vehicle or boat is left without the permission of the Commissioners—

(i) in any place where it is likely to obstruct or interfere with the use of the harbour premises; or

(ii) in any part of the harbour premises where the parking of vehicles or boats is prohibited by notice erected by the Commissioners; or

(b) it appears to the Commissioners that the vehicle or boat has been abandoned in any part of the harbour premises,

the Commissioners may, at the risk of the owner, remove the vehicle or boat or cause it to be removed.

(2) Any notice erected under paragraph (1)(a)(ii) must be conspicuously posted in or close to the place to which it relates.

(3) Where the Commissioners in exercise of the powers of this article remove a vehicle or boat or cause it to be removed, they must as soon as practicable report that fact to a constable or to a police station and the expenses of, and incidental to, the removal of the vehicle or boat shall be recoverable from the person responsible.

(4) For the purposes of paragraph (3) “the person responsible” means—

(a) the keeper of the vehicle or the owner of the boat at the time when it was put in the place from which it was removed under paragraph (1), or

(b) if he shows that he was not concerned in, and did not know of, its being put there, the person who put the vehicle or boat in that place.

(5) If the Commissioners in exercise of the powers of this article remove a vehicle or boat to a place not readily visible from the place whence it is so removed they must, if and as soon as it is reasonably practicable to do so, send to the keeper of the vehicle at his last known address, his registered address or the address where the vehicle is ordinarily kept or, as the case may be, to the owner of the boat at his last known address or the address where the boat is ordinarily kept, notice that they have exercised the powers of this article and of the place to which the vehicle or the boat has been removed.

(6) The Commissioners may, if they think fit, after giving seven days notice to the keeper of the vehicle or, as the case may be, the owner of the boat when the keeper or the owner can be identified and contacted, sell or otherwise dispose of the vehicle or boat in such manner as they think fit and reimburse themselves out of the proceeds of sale, and the Commissioners must hold any surplus of such proceeds on trust for the person entitled thereto.

(7) A notice stating the general effect of paragraph (1) must be displayed in a prominent position at each place where a road accessible to vehicles enters any part of the harbour premises.

(8) In this article references to the keeper of the vehicle and his registered address are to the person for the time being registered as the keeper of the vehicle and his address recorded in the register in accordance with regulations under the Vehicle Excise and Registration Act 1994(2)

Obstruction of officers

25.—(1) Any person who—

(a) intentionally obstructs an officer of the Commissioners acting in pursuance of any provision of the Cowes Harbour Acts and Orders 1897 to 2012; or

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

(c) without reasonable excuse fails to give such an officer any information which he may require for the purpose of the performance of his functions,

shall be 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 information to such an officer, 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.

Borrowing powers

26.—(1) Subject to paragraph (2), the Commissioners may from time to time borrow upon the security of their assets for the time being or of their revenues or both their assets and their revenues, by any methods they see fit—

(a) such sums of money as they think necessary not exceeding a multiple of one and a quarter times the total assets less total liabilities of the Commissioners as shown by the most recent audited financial statements of the Commissioners; and

(b) with the consent of the Secretary of State, such further sums of money as they may require.

(2) In calculating the aggregate sums of money borrowed by the Commissioners under paragraph (1), there shall be excluded any sums borrowed for the purpose of repaying within twelve months of the date of borrowing any sums for the time being outstanding by way of principal on any amount previously borrowed.

(3) Moneys borrowed by the Commissioners under this article must be applied only to purposes to which capital money is properly applicable.

(4) For the purposes of paragraph (3), but without prejudice to the generality of that paragraph, purposes to which capital money is properly applicable include—

(a) the payment of any interest, falling due within five years immediately following the date of borrowing, on any sum of money borrowed by the Commissioners under this article; and

(b) the repayment, within twelve months from the date of borrowing, of any sum for the time being outstanding by way of principal on any amount previously borrowed.

(5) Article 14 (borrowing powers) of the 2001 Order is revoked and in article 16(1) of that order for “articles 14 (1)(a) and 15” there shall be substituted “article 15”.

Revocation of byelaws

27.—(1) The Commissioners may from time to time make byelaws solely for the revocation of byelaws previously made under the 1897 Act, the 1931 Order or the 1936 Order in accordance with the procedure in this article rather than the procedure to which those previously made byelaws were subject.

(2) Byelaws made under this article must be made under the common seal of the Commissioners, and shall not have effect until the requirements of this article have been satisfied.

(3) Upon the byelaws having been made, notice of the same must be given in one or more local newspapers circulating in the area to which the byelaws apply.

(4) For at least one month after the making of byelaws, a copy of the byelaws must be deposited at the offices of the Commissioners and must at all reasonable hours be available for public inspection without payment.

(5) The Commissioners must have regard to all representations received during the period when the byelaws have been made available for public consultation, in order to decide whether to confirm the byelaws, with or without amendments, and may fix the date on which the byelaws are due to come into operation and if no date is so fixed the byelaws shall come into operation one month from the date of their confirmation.

(6) A copy of the byelaws, when confirmed by the Commissioners, must be printed and deposited at the offices of the Commissioners, and must at all reasonable hours be available for public inspection without payment.

Crown rights

28.—(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

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

(1)

1978 c.30.

(2)

1994 c.22.