The Yarmouth (Isle of Wight) Harbour Revision Order 2011

1. Introductory Text

2. PART 1 PRELIMINARY

   1. 1. Citation and commencement

   2. 2. Interpretation

   3. 3. Area of the harbour, etc.

3. PART 2 HARBOUR REGULATION

   1. General and special directions

      1. 4. General directions as to use of harbour, etc.

      2. 5. Procedures for making general directions and designations, etc.

      3. 6. Special directions as to use of harbour, etc.

      4. 7. Failure to comply with directions

      5. 8. Enforcement of special directions

      6. 9. Master’s responsibility in relation to directions

   2. Harbour water taxi services

      1. 10. Restriction of harbour water taxi services

      2. 11. Licensing of harbour water taxi services

      3. 12. Further provisions as to licences

      4. 13. Appeals in respect of licences

   3. Moorings

      1. 14. Moorings provided by Commissioners

      2. 15. Moorings provided by others

      3. 16. Offences as to moorings

      4. 17. Moorings – enforcement provisions

   4. Other provisions

      1. 18. Power to designate parts of harbour, etc.

      2. 19. Fuel bowsers

4. PART 3 MISCELLANEOUS AND GENERAL

   1. 20. Information for purpose of landing charges

   2. 21. Boarding of vessels

   3. 22. Obstruction of officers

   4. 23. Notices

   5. 24. Execution of documents

   6. 25. Provisions for protection of Sandhouse, etc.

   7. 26. Provisions as to certain appeals

   8. 27. Crown Rights

   9. 28. Saving for Trinity House

   10. 29. Amendment of 2001 Order

   11. 30. Repeal and revocation of enactments, etc.

5. Signature

6. 1. SCHEDULE 1

      HARBOUR LIMITS

      1. The Outer Harbour

         1. 1. So much of the Solent as is situated below the...

      2. The Inner Harbour

         1. 2. So much of the natural harbour at Yarmouth (Isle of...

         2. 3. All docks, marinas and other natural or artificial watered areas...

   2. SCHEDULE 2

      BOUNDARIES OF THE ZONE

   3. SCHEDULE 3

      PURPOSES FOR WHICH GENERAL DIRECTIONS MAY BE GIVEN

      1. 1. Navigation, control of vessels and moorings

      2. 2. Health, safety and protection of property

      3. 3. Use of harbour (including goods, obstructions and waste)

      4. 4. Use of equipment and maintenance

      5. 5. Passengers and other persons

      6. 6. Environmental protection

      7. 7. Miscellaneous

      8. 8. Provision of information

   4. SCHEDULE 4

      GENERAL DIRECTIONS AND DESIGNATIONS: PUBLICATION AND CONSULTATION, ETC.

      1. 1. In this Schedule— “the consultation period” means the period referred...

      2. 2. Before making, giving, amending or revoking a designation or general...

      3. 3. The notices published and served under paragraph 2 shall—

      4. 4. During the period of 84 days following publication of the...

      5. 5. The Commissioners shall not make, give, amend or revoke the...

      6. 6. As soon as reasonably practicable after the expiry of the...

      7. 7. Where none of the relevant consultees have made representations in...

      8. 8. Where any relevant consultee objects to a proposal in accordance...

      9. 9. The issue shall be referred to an independent person (“the...

      10. 10. The remuneration (if any) of the adjudicator shall be as...

      11. 11. The adjudicator shall be entitled to be reimbursed in respect...

      12. 12. Responsibility for payment of the adjudicator’s remuneration and expenses shall...

      13. 13. The appointment of an adjudicator shall not take effect until...

      14. 14. The adjudicator shall allow a reasonable opportunity for the Commissioners...

      15. 15. The adjudicator shall send a copy of the report to...

      16. 16. The adjudicator shall use reasonable endeavours to ensure that the...

      17. 17. The Commissioners shall not be bound to give effect to...

      18. 18. The Commissioners shall give notice to the adjudicator and the...

      19. 19. The adjudicator shall decide who out of the Commissioners and...

      20. 20. In taking any decision under paragraph 19, the adjudicator shall...

      21. 21. Subject to paragraph 19, the parties shall bear their own...

      22. 22. The adjudicator shall not be personally liable for anything done...

      23. 23. Except as otherwise provided in this Schedule, the adjudicator may...

      24. 24. Where the Commissioners propose to make, give or amend a...

      25. 25. (1) This paragraph has effect where the Commissioners have made,...

   5. SCHEDULE 5

      NEW ARTICLES 4, 5 AND 6 OF 2001 ORDER

   6. SCHEDULE 6

      REPEAL, REVOCATIONS AND SAVING PROVISIONS

      1. PART I - Repeal

      2. PART 2 – Revocations

      3. PART 3 – Savings

         1. 1. The repeal of the Act and Orders mentioned in Parts...

         2. 2. In so far as anything done under any provision of...

         3. 3. Anything begun under any provision of the former legislation may...

         4. 4. Where any period of time specified in, or having effect...

         5. 5. References in this Order to things done, left undone, suffered,...

         6. 6. Where an instrument or document refers to any provision of...

         7. 7. Where an Act or Order is repealed or revoked by...

         8. 8. Nothing in this Part of this Schedule shall prejudice the...

7. Explanatory Note