The Cornwall Harbours Harbour Revision Order 2023

SCHEDULES

Article 4

SCHEDULE 1 LIMITS OF THE HARBOURS

Bude Harbour

1.  The harbour or haven of Bude and so much of the sea as lies within a radius of four hundred yards (365.76m) from a point (50°49′55.27277N, 004°33′31.93280″W) at the mouth of the River Strat and the harbour premises, as shown outlined red on the Bude Harbour Limits Plan.

Newquay Harbour

2.  The area within an imaginary line commencing at a point (50°24′54.00099″N, 005°05′06.18194″W) then in a straight line in a northerly direction to a point (50°25′09.46945″N, 005°05′07.18818″W) then in a straight line in a westerly direction to a point (50°25′09.28185″N, 005°05′13.10645″W), then following the level of high water to the point of commencement (50°24′54.00099″N, 005°05′06.18194″W) and the harbour premises, as shown outlined red on the Newquay Harbour Limits Plan.

Port of Penryn

3.  All that part of the Penryn River below the level of high water lying to the west of an imaginary line drawn from Boyers Cellars at point (1) (50°09′51.78960″N, 005°04′54.49080″W) and then in a straight line in a northerly direction to point (2) (50°09′53.39782″N, 005°04′54.97723″W) and then in a straight line in an easterly direction to point (3) (50°09′53.43783″N, 005°04′54.71091″W) and then in a straight line in a north westerly direction to point (4) (50°09′53.60564″N, 005°04′55.07463″W) and then in a straight line in a north easterly direction to point (5) (50°09′59.84386″N, 005°04′50.55608″W) and then in a straight line in a northerly direction to point (6) (50°10′07.37969″N, 005°04′50.92783″W) and then following the level of high water in a north westerly direction to point (7) (50°10′07.45244″N, 005°04′50.99206″W), and then following the level of high water in a northerly direction to Sely’s Creek at point (8) (50°10′07.53160″N, 005°04′51.02904″W) commonly called Sailor’s Creek, in the parish of Mylor and county of Cornwall, and the harbour premises, as shown outlined red on the Penryn Harbour Limits Plan.

Penzance Harbour

4.  The area within an imaginary line commencing at a point (50°06′51.21924″N, 005°31′52.05282″W) then in a straight line in a south south easterly direction to a point (50°06′46.11600″N, 005°31′50.50791″W) then in a straight line in a north easterly direction to a point (50°06′59.86133″N, 005°31′23.93733″W), then in a straight line in a north westerly direction to a point (50°07′25.14706″N, 005°31′48.63447″W), then following the level of high water to the point of commencement (50°06′51.21924″N, 005°31′52.05282″W) and the harbour premises, as shown outlined red on the Penzance Harbour Limits Plan.

Prince of Wales Pier

5.  The area of sea within a distance of fifty yards (45.72m) from any part of the Prince of Wales Pier and the harbour premises, as shown outlined red on the Prince of Wales Pier Harbour Limits Plan, provided that nothing contained in this Order shall prejudice alter or affect the rights and privileges exercisable by the Falmouth Harbour Commissioners under or by virtue of the Falmouth Harbour Order 1870(1).

St Ives Harbour

6.  The area within an imaginary line commencing at the seaward end Porthminster Point (50°12′27.34311″N, 005°28′16.17804″W) then in a straight line in a northerly direction to a point (50°13′06.69218″N, 005°28′19.03575″W) then in a straight line in a westerly direction to a point (50°13′06.31737″N, 005°28′31.35901″W), then following the level of high water back to the point of commencement at the seaward end Porthminster Point (50°12′27.34311″N, 005°28′16.17804″W) and the harbour premises, as shown outlined red on the St Ives Harbour Limits Plan.

Port of Truro

7.  All those parts of the Port of Truro and rivers, including all creeks (except Restronguet Creek, landward of an imaginary straight line drawn between a point (50°11′46.25520″N, 005°03′ 48.27240″W) and a point (50°11′37.94640″N, 005°03′35.78400″W)) below the level of high water, situated landward of an imaginary straight line drawn between Tarra Point (50°10′27.22440″N, 005°02′41.51040″W) and Messack Point (50°10′54.96600″N, 005°01′28.11360″W) and the harbour premises, as shown outlined red on the Port of Truro Harbour Limits Plans.

Article 12

SCHEDULE 2 PROVISIONS APPLYING TO THE BOARD

Meetings of the Board

1.—(1) The first meeting of the Board on or after the date on which it is first established under article 6 (establishment of a Board) must be convened by the Council as soon as reasonably practicable on or after that date and the Council must send notice of that meeting to each of the members of the Board.

(2) The Board must meet a minimum of four times in each year.

Chair and vice-chair of Board

2.—(1) The chair to be appointed by the Board must be a member of the Council appointed under article 7(1)(a).

(2) The first person taking office as chair after the establishment of the Board must be appointed as soon as practicable and, unless that person resigns as chair or ceases to be a member of the Board, is to continue in office as chair until the Council’s next annual general meeting.

(3) Subject to sub-paragraph (7), every person subsequently appointed as chair under sub-paragraph (1) is, unless that person resigns as chair or ceases to be a member of the Board, to hold office for a period of one year.

(4) There must be a vice-chair of the Board who is to be appointed by the Board from among the appointed members of the Board.

(5) The first person taking office as vice-chair after the establishment of the Board must be appointed as soon as practicable thereafter and is, unless that person resigns as vice-chair or ceases to be a member of the Board, to continue in office as vice-chair until the Council’s next annual general meeting.

(6) Subject to sub-paragraph (7), every person subsequently appointed as vice-chair under sub-paragraph (4) is, unless that person resigns as vice-chair or ceases to be a member of the Board, to hold office for a period of one year.

(7) If the appointed members of the Board are satisfied that the chair or vice-chair should cease to hold office as such, they may terminate the chair or vice-chair’s office as such and appoint another member of the Board to be chair or vice-chair during the remainder of the term for which the former chair or vice-chair was appointed.

(8) On a casual vacancy occurring in the office of chair or vice-chair of the Board, the vacancy must be filled by the Board at the next meeting of the Board held after the vacancy occurs.

(9) A member of the Board appointed under sub-paragraph (8) to fill a casual vacancy in the office of chair or vice-chair is, unless they resign that office or cease to be a member of the Board, to hold that office during the remainder of the term for which the chair or vice-chair being replaced was appointed.

(10) In the absence of the chair the person for the time being holding office as the vice-chair is to have and may exercise all the powers of the chair.

(11) If at a meeting of the Board neither the chair nor the vice-chair is present the members of the Board present must choose one of their number to be chair of the meeting.

Vacation of office by a member of the Board

3.—(1) A member of the Board may resign that office at any time by giving notice in writing to the chair or if that member of the Board is the chair, the vice-chair.

(2) Any vacancy created by a member of the Board resigning must be treated as a casual vacancy.

Reappointment of chair

4.—(1) A chair of the Board who has served as the chair for three consecutive terms immediately beforehand is not eligible for reappointment as the chair.

(2) For the purposes of this paragraph, “term” does not include—

(a) a term served by the member of the Board as the chair under paragraph 2(2);

(b) the remainder of a term during which the chair was appointed to fill a casual vacancy in the office of the chair under paragraph 3.

Proceedings of meeting of the Board

5.—(1) Every decision at a meeting of the Board must be decided by a majority vote of the Board members present and voting.

(2) If at any meeting of the Board there is an equality of votes on a decision, the chair of the meeting has a second or casting vote.

(3) The quorum required for a meeting of the Board is 5 and substitutes are not allowed.

(4) The Board must cause minutes to be made—

(a) of the names of members of the Board present at a meeting of the Board; and

(b) of all proceedings or resolutions at such meeting,

and such minutes, if signed by a person purporting to be chair of the meeting to which the minutes relate or of a subsequent meeting at which the minutes were approved as a correct record, is to be received in evidence without further proof.

(5) Until the contrary is proved, a meeting for which minutes have been so made or signed is to be deemed to have been duly convened and held and, if it was a meeting of a committee of the Board, that committee is to be deemed to have had power to deal with the subject of the minutes.

(6) A member of the Board who has any interest, direct or indirect—

(a) in any contract or proposed contract to which the Board are or would be a party, or is a director of a company or body with which the contract or proposed contract is made or proposed to be made;

(b) in any other matter with which the member of the Board is concerned,

must declare that interest.

(7) A member of the Board, who is present at a meeting of the Board at which a contract or other matter in which that matter in which the member has an interest is to be considered, must—

(a) as soon as is practicable after the commencement of that meeting, disclose that interest;

(b) not vote on any question with respect to that contract or matter; and

(c) withdraw from the meeting—

(i) at any time if so required by a resolution of the members of the Board present; and

(ii) while a decision on that contract or matter is being made.

(8) This paragraph does not apply to any interest which—

(a) a member of the Board has in respect of the payment to the Council of harbour dues;

(b) arises in respect of the provision of harbour services or facilities affecting the trading community in general;

(c) the members of the Board present at the meeting by resolution declare to be too remote.

Validity of acts of the Board

6.—(1) The Board may act notwithstanding a vacancy among the membership of the Board.

(2) No act of the Board is to be deemed to be invalid by reason of any—

(a) vacancy in their number;

(b) defect or irregularity in the appointment of any person as—

(i) a member of the Board,

(ii) chair or vice-chair of the Board.

Remuneration of members of the Board

7.  The Council may pay to the chair, vice-chair and other Board members such special attendance allowance and other expenses as the Council may from time to time determine.

Role of the Board

8.  The Board shall be responsible for those matters set out in the Cornwall Harbours Board Memorandum of Understanding in force from time to time.

9.  No substantial amendment to the responsibilities of the Board under the Cornwall Harbours Board Memorandum of Understanding shall be made without first consulting with the Secretary of State.

General

10.  Subject to the provisions of this Schedule and the constitution of the Council, the procedure of the meetings of the Board is to be regulated in such manner as the Board may determine.

Article 29

SCHEDULE 3 PURPOSES FOR WHICH BYELAWS MAY BE MADE

1.  Regulating the use of pontoons, stagings, quays, jetties, piers, walkways, bridges, approaches, slipways, landing places, berthing heads, boat lifts, mooring posts, buildings, parking places, and other works and facilities provided by the Council.

2.  Regulating the shipping and unshipping, landing, warehousing, stowing, depositing and removing of goods within the harbours.

3.  Preventing damage or injury to any vessel, goods, vehicle, plant, machinery, property, or persons within the harbours and to any aids to navigation used in connection with the harbours.

4.  Regulating, preventing or licencing the conduct of all persons in vessels or otherwise in the harbours not being—

(a) members of a police force;

(b) officers or servants of the Crown;

(c) members of a fire brigade;

whilst in the exercise of their duties as such.

5.  Regulating the placing, laying down, maintenance, removal and use of moorings within the harbours.

6.  Preventing or removing obstructions (including vessels and vehicles) or impediments within the harbours.

7.  Regulating the launching and recovery of vessels in the harbours.

8.  Regulating or prohibiting the mooring, careening, beaching or anchoring and keeping of vessels in the harbours.

9.  Regulating or prohibiting the use in the harbours or onboard any vessel in the harbours of fires, lights, or any other equipment, tools or appliances which the Council considers involves a risk of fire, explosion or chemical reaction and for the prevention of smoking.

10.  Regulating the removal of rubbish (including ballast, earth or clay or other refuse) and sewerage for vessels in the harbours.

11.  The prevention of the disposal of such rubbish and sewerage from vessels, in the harbours.

12.  Prohibiting the use of or regulating the use, movement, speed, placing, loading, unloading, driving and parking of vehicles in the harbours and the removal of vehicles from the harbours (including by the Council).

13.  Requiring the use of effectual silencers or other similar apparatus and the control of noise generally on vessels in the harbours.

14.  Regulating vessels in the harbours and their entry into and departures from the harbours and, without limiting the scope of this paragraph, for prescribing rules for regulating the speed and manner of navigation or movement and the lights and signals exhibited or made by, or for the benefit of, vessels using, navigating or mooring within the harbours.

15.  Regulating the embarkation of persons on to, or their disembarkation from, vessels within the harbours.

16.  Regulating the holding of regattas and other public events in the harbours.

17.  Prescribing the lights and signals to be exhibited or made—

(a) by vessels aground in the harbours;

(b) by vessels or other devices used for marking obstructions within the harbours.

18.  Assisting the navigation of vessels within the harbours, at the entrance to any dock or at any wharf, pier or other work.

19.  Preventing nuisances in the harbours.

20.  Prohibiting or regulating the discharge by land or sea of any material, substance or thing within the harbours or the approaches to them.

21.  Regulating or prohibiting fishing for marine creatures of any type and by whatever means from any pier, jetty, breakwater, wharf, or other installation or structure of any kind within the harbours, from any vessel within the harbours or from the foreshore where such fishing interferes with the operation of the harbours or the safety of navigation in the harbours.

22.  Regulating or prohibiting aquaplaning, water skiing or diving or other similar activities in the harbours.

23.  Regulating or prohibiting bathing, and for securing the protection of bathers, within the harbours.

24.  Regulating or prohibiting the use of vehicles on the foreshore within the harbours.

25.  Regulating the use of ferries within the harbours and the conduct of boatmen, ferry men, and others plying for hire in the harbours and of persons resorting to any works constructed or operated by the Council.

26.  Regulating the exercise of powers vested in the harbour master.

27.  Regulating vessels, vehicles and persons embarking or disembarking vessels, frequenting or employed in the harbours.

28.  The purposes specified in section 83 of the Act of 1847 (byelaws may be made for all or any of the purposes herein named).

Article 68

SCHEDULE 4 REVOCATION / REPEAL

Table

Number	Short Title	Extent of Revocation/Repeal
Ch. lxxxii. 33 & 34 Vict.	Pier and Harbour Orders Confirmation Act, 1870 (No. 1).	Whole of the Penryn Harbour Order, 1870.
Ch. cxciii. 63 & 64 Vict.	Pier and Harbour Orders Confirmation (No. 2) Act, 1900.	Whole of the Penryn Harbour Improvement Order 1900.
Ch. cxx. 10 & 11 Geo 5.	Pier and Harbour Orders Confirmation (No. 1) Act, 1920.	Whole of the Penryn Harbour Order 1920.
Ch. xliii. 46 & 47 Vict.	Pier and Harbour Orders Confirmation (No. 1) Act, 1883.	Whole of the Truro Harbour Order, 1883.
Ch. xc. 3 Edw. 7.	Pier and Harbour Orders Confirmation (No. 6) Act, 1903.	Whole of the Truro Harbour Order 1903 apart from article 10(1) of that Order.
Ch. cxv. 9 Edw. 7.	Pier and Harbour Orders Confirmation (No. 2) Act, 1909.	Whole of the Truro Harbour Order 1909.
Ch. cxxi. 10 & 11 Geo 5.	Pier and Harbour Orders Confirmation (No. 2) Act, 1920.	Whole of the Truro Harbour Order 1920.
Ch. lxviii. 18 & 19 Geo 5.	Pier and Harbour Orders Confirmation Act, 1928.	Whole of the Truro Harbour Order 1928.
Cap. cxxix. 16 & 17 Victoriae.	The Saint Ives Harbour Act 1853.	Whole Act.
Cap. 51. 25 & 26 Victoriae.	The Saint Ives Harbour Order 1862.	Whole Order.
Ch. ix. 50 Vict.	Pier and Harbour Orders Confirmation Act, 1886.	Whole of the Saint Ives Harbour Order 1886 apart from articles 21 and 22.
Ch. cxix. 51 & 52 Vict.	Pier and Harbour Orders Confirmation (No. 1) Act, 1888.	Whole of the Saint Ives Harbour Order 1888.
S.I. 1980/115.	St. Ives Harbour Revision Order 1980.	Whole Order.
S.I. 1993/2176.	The St. Ives Harbour Revision Order 1993.	Whole Order apart from articles 7 and 8, and insofar as required for the interpretation of articles 7 and 8, articles 2 and 5.
1 & 2 Victoriae Cap. lxxxiv.	An Act for maintaining the Pier and Harbour of Newquay in the County of Cornwall 1838.	Whole Act.
7 Victoriae Cap. xxiii.	An Act to amend an Act for maintaining the Pier and Harbour of Newquay in the County of Cornwall, and to make certain Tram Roads in connection therewith 1844.	Whole Act.
1967 Ch. xxvii.	Newquay Urban District Council Act 1967.	Whole Act.
Ch. cxiv. 41 & 42 Vict.	Pier and Harbour Orders Confirmation Act, 1878 (No. 1).	Whole of the Falmouth Piers Order 1878.
Ch. cci. 2 Edw. 7.	Pier and Harbour Orders Confirmation Act (No. 3) Act, 1902.	Whole of the Falmouth Corporation Quays Order 1902.
Ch. xii. 15 & 16 Geo. 6 & 1 Eliz 2.	Pier and Harbour Order (Falmouth) Confirmation Act, 1952.	Whole of the Falmouth Piers Order 1952 apart from articles 8 and 9.
c. lxxiv. 46 & 47 Vict.	The Penzance Corporation Act 1883.	Whole Act.
c. viii. Eliz 2. 1990.	Penzance Albert Pier Extension Act 1990.	Whole Act apart from sections 3, 5 and 6, and insofar as required for the interpretation of sections 3, 5 and 6, section 2.
c. xxvi. Eliz 2. 1990.	Penzance South Pier Extension Act 1990.	Whole Act apart from sections 3, 5 and 6, and insofar as required for the interpretation of sections 3, 5 and 6, section 2.
S.I. 2009/2325.	The Penzance Harbour Revision Order 2009.	Whole Order apart from articles 2, 5, 6, 25 and 26.
14 Geo. III Cap. 53.	An Act for making a navigable Cut or Canal, from the Port or Harbour of Bude, in the Hundred of Stratton, in the County of Cornwall, to the River Tamer, in the Parish of Calstocke, the said County 1774.	Whole Act.
59 Geo. III c. lv.	An Act for improving the Harbour of Bude, in the County of Cornwall; and for making and maintaining a Navigable Canal from the said Harbour of Bude to or near the Village of Thornbury, in the County of Devon, and divers Branches therefrom, all in the said Counties of Cornwall and Devon, 1819.	Sections XXXII, LXI to LXIV (inclusive), LXVI, LXXIII, LXXV to LXXXII (inclusive), LXXXIV, LXXXV, XCII to XCIV (inclusive), XCVI, CVI to CVIII (inclusive), CXI, CXVII and CXVIII.
1 Edw. 7 Ch. cclviii.	Stratton and Bude Improvement Act 1901.	Sections 62 to 64 (inclusive), 66, 67, 69, 70 to 74 (inclusive), 79 to 81 (inclusive), 108, 109, Third Schedule.
3 Edw. 7 Ch. cxxviii.	Pier and Harbour Orders Confirmation (No. 2) Act, 1903.	Whole of the Bude Harbour Order 1903.

Article 2

SCHEDULE 5 ACTS AND ORDERS

1.  Saint Ives Harbour Order 1886 (articles 21 and 22).

2.  Truro Harbour Order 1903 (article 10(1)).

3.  Falmouth Piers Order 1952 (articles 8 and 9).

4.  The St. Ives Harbour Revision Order 1993 (articles 2, 5, 7 and 8).

5.  Penzance Albert Pier Extension Act 1990 (sections 2, 3, 5 and 6).

6.  Penzance South Pier Extension Act 1990 (sections 2, 3, 5 and 6).

7.  The Penzance Harbour Revision Order 2009 (articles 2, 5, 6, 25 and 26).

(1)

33 & 34 Vict. Ch. clviii.