http://www.legislation.gov.uk/id/uksi/2021/139

http://www.legislation.gov.uk/uksi/2021/139/article/12/made

The Newport (Isle of Wight) Harbour Revision Order 2021

King's Printer of Acts of Parliament

2021-02-10

HARBOURS, DOCKS, PIERS AND FERRIES

This Order, made on the application of the Isle of Wight Council (“the Council”), modernises and consolidates the statutory harbour powers applying in relation to Newport Harbour and provides for the following matters:Clarifying the limits of the harbour (article 3) including maps and plans of the harbour limits. The Order defines the limits of Newport Harbour by way of World Geodetic System coordinates (“WGS84”) and includes harbour premises (defined in article 2) but also requires the Council to maintain an illustrative plan showing the harbour limits and harbour premises, which must be updated within 30 days of any changes (article 3) and may be inspected at www.iow.gov.uk and, during working hours, at the principal office of the Council at County Hall, High Street, Newport, Isle of Wight PO30 1UD.Conferring on the Council and the harbour master (defined in article 2) powers of general and special direction for the regulation and management of the harbour (articles 4 to 10). General directions may be given by the Council for the purpose of promoting or securing conditions conducive to: the ease, convenience or safety of navigation; the safety of persons; the protection of property; or the prevention or amelioration of environmental harm in the harbour (article 4). Special directions may be given by the harbour master for various purposes related to the management of the harbour and the regulation of vessels using the harbour (article 7). A register of all in force general directions may be inspected during working hours at the harbour office of the Council (article 4).Creating an offence of failing to comply with special or general directions, the penalty for which is a fine on summary conviction not exceeding level 4 on the standard scale (article 8). A defence of due diligence is available to a person charged under article 8 (article 8(2)).Conferring on the Council appropriate general powers and functions for the management of the harbour (article 11).Incorporating provisions from the Harbours, Docks, Piers Clauses Act 1847 (article 12).Conferring on the Council the power to grant tenancies and to dispose of land forming part of the harbour premises (defined in article 2) and to engage in commercial activities (articles 13 and 14);Requiring the owner of master of a vessel to provide information relating to a vessel for the purpose of landing charge, where requested by the Council (article 16);Creating an offence of obstructing officers of the Council without reasonable excuse (article 16).Providing savings for the Crown (article 17) and Trinity House (article 18).To facilitate the above, the Order amends the Orders of 1968 and 1988 as set out in article 20.

PART 4MISCELLANEOUS AND GENERAL

Incorporation of the Act of 184712

1

The Act of 1847 (except sections 6 to 26, 28, 31, 33, 49, 50, 53, 54, 66, 67, 75, 76, 79 and 80), so far as applicable to the purposes and not inconsistent with the provisions of this Order, is incorporated with each of the Newport Harbour Provisions 1852 to 2021 subject to the modifications in paragraphs (2) to (5) below.

2

Sections 61, 62, 63, 64, 71, 72 and 73 shall have effect subject to the modification that for “level 1 on the standard scale” substitute “level 3 on the standard scale”.

3

Section 69 shall have effect subject to the modification that for “shall forfeit” to the end of the section substitute “shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale”.

4

Section 78 shall have effect subject to the modification that for “erect any lighthouse or beacon, or exhibit or allow to be exhibited any light, beacon, or sea-mark,” substitute “allow to be exhibited any permanent light, beacon, or sea-mark,”.

5

In interpreting the provisions of the Act of 1847 as incorporated with this Order –

a

the expression “the special Act” means this Order, the expression “the undertakers” shall mean the Council and the expression “the harbour, dock, or pier” shall mean the “harbour” as defined by article 2(1) of this Order;

b

for the definition of the word “vessel” in section 3 of the Act of 1847 substitute the definition of that word in article 2(1) of this Order;

c

The provisions of this article shall supersede any provisions of the Act of 1852, the Order of 1898, the Order of 1968 and the Order of 1988 which incorporate the Act of 1847 or any part or provision of that Act.