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The Dangerous Goods in Harbour Areas Regulations 2016
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- UK Statutory Instruments
- 2016 No. 721
- PART 2
- Regulation 7
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Harbour master’s powersE+W+S
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7.—(1) Subject to paragraphs (2) and (6), in addition to any powers granted under byelaws made under regulation 25, a harbour master may give directions as set out in paragraph (4) to—
(a)a person having control of dangerous goods;
(b)a person having control of a freight container, receptacle or portable tank containing dangerous goods;
(c)the operator of a vehicle carrying dangerous goods;
(d)the master of a vessel carrying dangerous goods.
(2) A harbour master may give directions to those persons in paragraph (1) if, taking into account all relevant circumstances, the condition of the dangerous goods, or their containers, or matters related to the dangerous goods create a risk to the health and safety of any person in, or in the vicinity of, the harbour area.
(3) For the purpose of securing the safety of any person, where the harbour master has given directions under paragraph (1), the Secretary of State may give directions to require that harbour master to give such other directions under this regulation as may be specified by the Secretary of State.
(4) Directions given under this regulation may—
(a)regulate or prohibit entry into;
(b)require the removal from;
(c)regulate the handling, movement or position within,
the harbour area of the dangerous goods, freight container, receptacle, vehicle, vessel, portable tank or other mode of transport.
(5) Where the harbour master intends to give a direction requiring the dangerous goods to be removed by land from the harbour area, the harbour master must consult any police force through whose area the dangerous goods are to be moved.
(6) A person to whom directions are given under this regulation must comply with those directions.
(7) Paragraph (1) does not apply to any vessel under the control of the Secretary of State or a visiting force or headquarters or to any dangerous goods, freight container, portable tank or receptacle carried by such vessel.
(8) A harbour master is not under any duty to examine the condition of any dangerous goods, freight container, portable tank, receptacle, vehicle or vessel as a result of this regulation.
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