The Cornwall Harbours Harbour Revision Order 2023

PART 5 E+W CHARGES

Charges other than ship, passenger and goods dues E+W

39.  The Council may demand, take and recover in respect of any dracone or floating dock, crane, rig, drilling rig, or floating platform, a chain ferry or any other vessel, not being a ship as defined by section 57(1) of the Act of 1964, entering, using, operating within or leaving the harbours such reasonable charges as it may determine, and sections 30 (duty of harbour and local lighthouse authorities to make available for inspection, and to keep for sale, copies of lists of certain charges) and 31 (right of objection to ship, passenger and goods dues) of the Act of 1964 shall with all necessary modification apply to the charges authorised by this article as they may apply to ship, passenger and goods dues demanded under section 26 of the Act of 1964 (repeal of provisions limiting discretion of certain harbour authorities as to ship, passenger and goods dues charged by them).

Commencement Information

I1 Art. 39 in force at 14.7.2023, see art. 1(1)

Charges for services or facilities E+W

40.  In addition to article 39 (charges other than ship, passenger and goods dues) of this Order and its power to demand ship, passenger and goods dues under section 26 of the Act of 1964 (repeal of provisions limiting discretion of certain harbour authorities as to ship, passenger and goods dues), the Council may demand, take and recover such reasonable charges for services and facilities provided by the Council at the harbours or in connection with the undertaking as it may from time to time determine.

Commencement Information

I2 Art. 40 in force at 14.7.2023, see art. 1(1)

Setting of charges E+W

41.  The Council when setting its charges, including ship, passenger and good dues under section 26 of the Act of 1964 (repeal of provisions limiting discretion of certain harbour authorities as to ship, passenger and goods dues) at each of the harbours—

(a) is not limited to solely taking account of the viability of the harbour at which the charges apply;

(b) may take account of the overall viability of the undertaking,

provided that the Council must so far as reasonably practicable ensure that the harbours revenue received from each harbour is sufficient year on year to cover the working and establishment expenses and cost of maintenance of that harbour.

Commencement Information

I3 Art. 41 in force at 14.7.2023, see art. 1(1)

Payment of charges E+W

42.—(1) The charges which the Council is for the time being authorised to demand, take and recover in respect of vessels and goods or otherwise under any enactment—

(a) are payable before the removal from the harbours of any vessel or goods in respect of which they are payable;

(b) may be demanded, taken and recovered—

(i) by such persons,

(ii) at such places,

(iii) at such times,

(iv) under such terms and conditions,

as the Council may from time to time specify in its published list of charges.

(2) Charges payable to the Council in respect of—

(a) a vessel, shall be payable by the owner or master;

(b) goods, shall be payable by the owner, consignee or shipper of the goods.

(3) Where charges payable to the Council may be recovered by it from more than one person, the persons from whom they may be recovered shall be jointly and severally liable.

(4) Without limitation to the scope of paragraph (1), the terms and conditions as to the payment of charges which the Council may from time to time specify may include the time when a charge falls due for payment and may require such information to be given to the Council by the owner or master of a vessel or a person using a service or facility of the Council as the Council may require in connection with the assessment or collection of a charge.

(5) Where charges payable to the Council have not been paid by the time they fall due for payment, the Council may detain within or refuse entry to, or require removal from the harbours of—

(a) the vessel or goods to which the charges relate; and

(b) any other vessels or goods that the owner or master of the vessel or goods to which the charges relate is also the owner or master of,

until such charges have been paid in full.

Commencement Information

I4 Art. 42 in force at 14.7.2023, see art. 1(1)

Compounding arrangements and rebates E+W

43.—(1) The Council may confer total or partial exemptions from, allow rebates to or make compositions with any person with respect to charges, and may vary or extinguish any such exemption, rebate or composition.

(2) Nothing in section 30 of the Act of 1964 (duty of harbour and local lighthouse authorities to make available for inspection, and to keep for sale, copies of lists of certain charges) shall require the Council to include in the list of ship, passenger and goods dues, as required by subsection (1) of that section ship, passenger and goods dues—

(a) reduced by a total or partial exemption;

(b) subject to a compounding arrangement or rebate.

Commencement Information

I5 Art. 43 in force at 14.7.2023, see art. 1(1)

Deposit for charges E+W

44.—(1) The Council may, if it thinks fit, require a person who incurs or is about to incur a charge to deposit with it, or to guarantee, such sum of money as is, in the opinion of the Council, reasonable having regard to the amount or probable amount of the charge.

(2) Where such a person fails to deposit or guarantee the sum of money required, the Council may detain in the harbours the vessel or goods to which the charge relates, or refuse entry to, or require removal from the harbours in respect of the vessel or goods, until the requirement has been complied with or the charge paid.

Commencement Information

I6 Art. 44 in force at 14.7.2023, see art. 1(1)

Liens for charges E+W

45.—(1) A person who by agreement with the Council collects charges on their behalf and who pays or gives security for the payment of charges on goods in that person’s possession shall have a lien on those goods for the amount paid or security given in respect thereof.

(2) A wharfinger or carrier who is not personally liable for the payment of charges may pay or by agreement with the Council give security for charges on goods in that person’s custody, and in that event that person shall have a like lien on the goods for the amount of those charges as they would have in respect of the charges for safe custody or carriage of the goods, as the case may be.

Commencement Information

I7 Art. 45 in force at 14.7.2023, see art. 1(1)

Refusal to pay charges for landing place etc. E+W

46.  The harbour master may prevent a vessel from entering the harbours or using a landing place, mooring or other facility provided by the Council, if the master of the vessel refuses to pay the charges for such use.

Commencement Information

I8 Art. 46 in force at 14.7.2023, see art. 1(1)

Exemptions from harbour dues E+W

47.—(1) Except insofar as may be agreed between the Council and the government department or person concerned the Council shall not be entitled to demand harbour dues from, or in respect of—

(a) a vessel—

(i) in the service of HM Revenue and Customs or the Secretary of State for Defence in the execution of their core duties and not carrying persons or goods for reward,

(ii) belonging to or used by a lifeboat service whilst employed in or in connection with the core functions of that service,

(iii) in the service of a police force or other emergency service in the execution of their core duties and not carrying persons or goods for reward,

(b) HM Revenue and Customs or any officer or other person employed in their service in execution of their core duties in respect of a vessel or goods under customs seizure, or in respect of goods or other articles belonging to, or in the care or service of, HM Revenue and Customs;

(c) an officer of HM Revenue and Customs or any other person employed in their service while in the execution of their core duties;

(d) a person employed by the Secretary of State for Defence while in the execution of their core duties;

(e) Officers of the Department for Transport in the execution of their core duties.

(2) In this article “harbour dues” means ship, passenger and goods dues which the Council may demand under section 26 of the Act of 1964 (repeal of provisions limiting discretion of certain harbour authorities as to ship, passenger and goods dues charged by them).

Commencement Information

I9 Art. 47 in force at 14.7.2023, see art. 1(1)

Recovery of charges E+W

48.—(1) In addition to any other remedy given by this Order and by the Act of 1847 as incorporated with this Order, the Council may recover any charges payable to it as a debt in any court of competent jurisdiction.

(2) Where the master of a vessel in respect of which a charge is payable to the Council refuses or neglects to pay the same or any part thereof, paragraph (1) applies whether or not the Council’s collector has gone on board the vessel and demanded the charge under section 44 of the Act of 1847 (recovery of tonnage rates by distraint of ship and tackle).

Commencement Information

I10 Art. 48 in force at 14.7.2023, see art. 1(1)

Harbour master may prevent sailing of vessels E+W

49.  The harbour master may prevent the removal or sailing from the harbours of any vessel until evidence has been produced to the harbour master of the payment of any charges payable in respect of—

(a) the vessel;

(b) passengers of the vessel;

(c) goods imported or exported on the vessel.

Commencement Information

I11 Art. 49 in force at 14.7.2023, see art. 1(1)