http://www.legislation.gov.uk/id/uksi/2021/43

http://www.legislation.gov.uk/uksi/2021/43/article/21/made

The Weymouth Harbour Revision Order 2021

King's Printer of Acts of Parliament

2023-05-16

HARBOURS, DOCKS, PIERS AND FERRIES

This Order, made on the application of Weymouth and Portland Borough Council (now Dorset Council) modernises and consolidates the statutory harbour powers applying in relation to Weymouth Harbour and provides for:The Jurisdiction (article 4) and General functions (article 5) of the Council as the statutory harbour authority for Weymouth Harbour and clarity on the limits of the harbour (article 6) including plans of the harbour limits and the harbour premises which can be inspected during working hours at the office of the Marine Management Organisation, Lancaster House, Hampshire Court, Newcastle upon Tyne, NE4 7YH and the principal office of the Dorset Council County Hall, Colliton Park, Dorchester, Dorset, DT1 1XJ.Powers to vest in the Council relating to finances including application (article 7), reserve fund (article 8) and borrowing powers (article 9).A modern suite of charging powers (article 10 – 19) including exemptions from harbour dues (article 17) and prevention of sailing of vessels (article 19).Powers of general and special direction on the Council and the harbour master (defined in article 2) for the regulation and management of the harbour (articles 20 to 27). A register of all in force general directions which may be inspected during working hours at the harbour office of the Council (article 23). This Order creates 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 25). A defence of due diligence is available to a person charged under article 25 (article 25(2)).The establishment of an advisory body consisting of harbour stakeholders with which the Council are required to consult on material matters (article 28).Powers relating to development of land (article 29), power to grant tenancies and dispose of land (article 30), power to appropriate lands and works for particular uses, etc. (article 31), other commercial activities (article 32), power to delegate functions (article 33).Powers relating to moorings (article 34), bunkering (article 35), aids to navigation (article 36), power to dredge (article 37), repairing of landing places (article 38).Powers relating to disposal of wrecks (article 39), unserviceable vessels (article 40), removal of obstructions other than vessels (article 41) and notices (article 43).Savings for Trinity House (article 42), the Crown (article 44) and existing byelaws etc. (article 45).To facilitate that above, the Order repeals and revokes the Acts and Orders set out in Schedule 2 to the Order and amends the Acts of 1854, 1879, 1887, 1914 and Orders of 1930 and 1988 as set out in article 46.

PART 5GENERAL DIRECTIONS, SPECIAL DIRECTIONS AND BYELAWS

Power to make general directions as to use of harbour, etc.21

1

The Council may, in accordance with the requirements of article 22, give or amend a direction for the purpose of promoting or securing conditions conducive to the ease, convenience or safety of navigation, the safety of persons and the protection of property, flora and fauna in the harbour.

2

A direction under this article may apply—

a

to all vessels or to a class of vessels;

b

to persons designated in the direction;

c

to the whole of the harbour or to a part;

d

at all times or at certain times or at certain states of the tide;

and every direction must specify the extent of its application including its geographical extent in relation to the matters referred to in sub- paragraphs (a), (b), (c) and (d).

3

The Council must keep and make available at its harbour office and on its harbour website a public register of all in force general directions.

4

The Council may revoke a direction given under paragraph (1).