- Latest available (Revised)
- Original (As enacted)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Civic Government (Scotland) Act 1982. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing legislation that affects this Act into force:
(1)Subject to the provisions of this section, a licence under this Act, to be known as a “boat hire licence”, shall be required for the use of a vessel, in the course of a trade or business carried on in or from any place within the area of a licensing authority, for the purpose of—
(a)letting it on hire; or
(b)carrying for reward 12 or fewer passengers,
for pleasure, recreational, educational or sporting purposes.
(2)A boat hire licence may relate to one or more vessels or classes of vessel and shall specify—
(a)the vessels or the classes of vessels to which it relates; and
(b)the maximum number of vessels or of each class of vessel which may be used under the licence.
(3)A boat hire licence shall extend to the use of any vessel added to or substituted for a vessel to which the licence relates if—
(a)the additional or substitute vessel is of identical type to a vessel of a class to which the licence relates; and
(b)the maximum number referred to in subsection (2)(b) above is not exceeded.
(4)A boat hire licence shall not be required in respect of the use—
(a)of any vessel in respect of which there is in force a passenger certificate, load line certificate or load line exemption certificate under the [F1Merchant Shipping Act 1995];
(b)for a continuous period of over 24 hours, of any vessel having overnight sleeping accommodation;
(c)of any vessel for the purpose of instruction or training in seamanship;
(d)of any vessel exclusively for fishing in non-tidal waters;
(e)of any vessel—
(i)on any inland waterway; or
(ii)at any harbour
owned or managed by the British Waterways Board; or
(f)of any vessel with the consent of the harbour authority (within the meaning of the M1Harbours Act 1964) in any harbour owned or managed by them.
(5)Before granting an application to grant or renew a boat hire licence a licensing authority may require the applicant to produce a certificate in respect of each vessel to which the application relates issued by a person appearing to the authority to be suitably qualified for the purpose of issuing such a certificate stating that the vessel is suitably designed, constructed, maintained and equipped and in a safe condition for the purpose for which, and the place or waters in which, it is to be used.
(6)Without prejudice to paragraphs 5(3), 11 and 12 of Schedule 1 to this Act a licensing authority shall—
(a)refuse an application to grant or renew a boat hire licence;
(b)suspend a boat hire licence in accordance with the said paragraph 12,
to the extent that it relates to any vessel which is in their opinion not in a safe condition for the purpose for which, and the place or waters in which, it is to be or, as the case may be, is being used.
(7)Without prejudice to paragraph 5 of Schedule 1 to this Act, a licensing authority, on granting an application for the grant or renewal of a boat hire licence, shall attach conditions—
(a)fixing the maximum number of persons which may be carried in the vessel;
(b)specifying inland waters in their area, the inland waters adjacent to inland waters in their area and the tidal waters within which each vessel or class of vessel to which the application relates may be used.
(8)The holder of a boat hire licence shall effect and maintain in force in relation to every vessel to which the licence relates a policy of insurance to the satisfaction of the licensing authority and complying with subsection (9) below, and shall not reduce the amount or extent of the cover specified in the policy without the prior approval of the authority.
(9)A policy of insurance complies with this subsection if it insures such person, persons, or classes of persons as may be specified in the policy in respect of any liability which may be incurred by him or them in respect of the death of or bodily injury to any person caused by, or arising out of, the use of the vessel.
(10)Any person who, being the holder of a boat hire licence, uses or causes or permits any other person to use a vessel to which the licence relates without having in force in relation to that vessel a policy of insurance in accordance with subsection (8) above shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding [F2level 4 on the standard scale].
(a)a vessel in respect of which a boat hire licence is in force is used—
(i)within the territorial waters of the United Kingdom adjacent to Scotland; and
(ii)within any inland waters or waters specified in the licence under subsection (7)(b) above; but
(iii)outwith the area of the licensing authority which granted or last renewed the licence; and
(b)all persons carried in the vessel embark initially from places within the area of the authority,
it shall not be necessary to have in force in respect of that use of the vessel a boat hire licence granted by any other licensing authority and the conditions subject to which the licence is held shall continue to apply to such use.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: