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

http://www.legislation.gov.uk/uksi/2021/43/article/41/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 6MISCELLANEOUS AND GENERAL

Removal of obstructions other than vessels41

1

The Council may remove anything, other than a vessel, causing or likely to become an obstruction to, or cause interference with, navigation in any part of the harbour or any approach to the harbour.

2

The Council may take such steps as appear to it to be appropriate to prevent or minimise such obstruction or interference for the purposes of paragraph (1).

3

If anything removed by the Council under paragraph (1) above is so marked as to be readily identifiable as the property of any person, the Council shall, within 28 days of its coming into the Council’s custody, give written notice to that person stating that—

a

upon proof of ownership to the reasonable satisfaction of the Council, and

b

upon payment of any reasonable expenses incurred by the Council under this article,

c

possession may be retaken at a place named in the notice within the period specified in the notice (being not less than 14 days after the notice is served).

4

If for the purposes of this article possession of anything removed is not so retaken it shall at the end of that period vest in the Council.

5

Notwithstanding the provisions of paragraph (3) above the Council may, at such time and in such manner as it thinks fit, dispose of anything removed under paragraph (1) above—

a

which is not so marked as to be readily identifiable as the property of any person; or

b

which is of a perishable nature or the custody of which involves unreasonable expense or inconvenience.

6

If anything disposed of by the Council under this paragraph is sold, the Council shall place a notice at the harbour office and on the harbour website for a period of 28 days giving details of the property sold and may retain out of the proceeds of sale any expenses incurred by it under this article, and any surplus from the proceeds—

a

shall be paid to any person who within 24 months from the time when the property came into the custody of the Council proves to the reasonable satisfaction of the Council that they were the owner at that time; or

b

if within the said period no person proves their ownership at the said time, shall vest in the Council.

7

If the proceeds of sale of anything removed under this article are insufficient to reimburse the Council for the expenses set out in paragraph (6), or there is no sale because the property is unsaleable, the Council may—

a

recover the deficiency, or

b

where there is no sale, recover the whole of the expenses, from the person who was the owner at the time when the property removed came into the custody of the Council or who was the owner at the time of its abandonment or loss.