4.—(1) Subject to paragraph (2), the Commissioners may give directions under this article in respect of the harbour for any of the purposes set out in Schedule 3.
(2) The Commissioners shall not give a direction under this article—
(a)for any of the purposes mentioned in paragraphs 1(a) to 1(g) of Schedule 3; or
(b)(if the direction relates in whole or in part to any navigable area of the harbour) for any of the purposes mentioned in paragraphs 3(a) or 3(j) of that Schedule
unless the direction is also required for the purpose of promoting or securing conditions conducive to the ease, convenience or safety of navigation in the harbour.
(3) A direction under this article may apply—
(a)to all vessels or to a class of vessels designated in the direction; or
(b)to all persons or to a class of persons designated in the direction; or
(c)to the whole of the harbour or to a part designated in the direction; or
(d)at all times, or at times designated in the direction,
and every direction under this article shall specify the extent of its application in relation to the matters referred to in sub-paragraphs (a) to (d).
(4) The Commissioners may revoke or amend any general direction.
5. Schedule 4 shall have effect.
6.—(1) The harbourmaster may give directions under this article in respect of a vessel or (in the case of sub-paragraph (a)) a person anywhere in the harbour for any of the following purposes—
(a)requiring persons to comply with a requirement made in or under–
(i)a general direction;
(ii)any provision of this Order; or
(iii)any other enactment of local application applicable to the harbour or to the Commissioners;
(b)regulating or requiring the movement, berthing, mooring or unmooring of the vessel;
(c)requiring the removal from any part of the harbour of the vessel if—
(i)it is on fire;
(ii)it is in such condition as to be liable to become immobilised or waterlogged, or to sink, or to constitute a danger to life or property;
(iii)it is making an unlawful use of the harbour or interfering with the reasonable use or enjoyment of the harbour by other vessels or persons or the carrying on of business in the harbour; or
(iv)its removal is necessary to enable maintenance or repair work to be carried out in the harbour or to premises adjacent to the harbour;
(d)requiring the removal of the vessel to outside the harbour if such removal is considered by the harbourmaster to be necessary in order to avoid danger to life or to property, or to any part of the harbour referred to in paragraph (3);
(e)regulating the loading, discharging, storing and safeguarding of the cargo, fuel, water or stores of the vessel and the dispatch of its business at the harbour;
(f)specifying the precautions to be taken in respect of apparatus, machinery and equipment;
(g)for limiting the speed of the vessel;
(h)as to the use of the motive power of the vessel;
(i)prohibiting or restricting the use of fires, lights or barbecues;
(j)as to the discharge or use of ballast.
(2) A special direction relating to a vessel shall specify a particular person or particular persons to whom the direction is addressed, either by name or by a description sufficient to enable the person or persons in question readily to be identified.
(3) A special direction may be given for the conservation of any part of the harbour which has been designated, or otherwise has been given special protection or status, under any enactment by reason of its natural beauty, fauna, flora, or archaeological or geological or physiographical features or any other natural features.
(4) In an emergency the harbourmaster may give special directions applicable to all vessels or all vessels within a specified class of vessel for any of the purposes mentioned in paragraph (1).
(5) A special direction may be given in any manner considered by the harbourmaster to be appropriate.
(6) The harbourmaster may revoke or amend a special direction.
7.—(1) A person who fails to comply with a general direction or special direction shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(2) Where a person is charged with an offence under paragraph (1) it shall be a defence for the person to prove—
(a)that the person took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence;
(b)that the person had a reasonable excuse for the act or failure to act; or
(c)that the offence was not caused or facilitated by any act or neglect on the part of the person or on the part of any person engaged or employed by that person and that all reasonable steps were taken to prevent the commission of the offence.
8.—(1) Without prejudice to any other remedy available to the Commissioners, if a special direction applicable to a vessel is not complied with within a reasonable time, the harbourmaster may put persons on board the vessel to carry out the direction or may otherwise cause the vessel to be handled in accordance with the direction.
(2) If there is no one on board a vessel to attend to a special direction, and after reasonable inquiry has been made the master cannot be found, the harbourmaster may proceed to act under paragraph (1) as if the direction had been given and not complied with.
(3) Expenses incurred by the Commissioners in the exercise of the powers conferred by paragraph (1) shall be recoverable by it as if they were a charge of the Commissioners in respect of the vessel.
9. The giving of a general direction or a special direction shall not diminish or in any other way affect the responsibility of the master of the vessel in respect of which the direction is given in relation to the vessel, to persons on board the vessel, to the cargo or any other person or property.
10.—(1) No person other than the Commissioners shall in the harbour operate a harbour water taxi service, or offer a vessel for use in the operation of a harbour water taxi service, unless the person is licensed so to do by the Commissioners in pursuance of article 11, nor except upon the terms and conditions, if any, upon which the licence is granted pursuant to that article.
(2) Any person who contravenes this article shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
11.—(1) The Commissioners may upon such terms and conditions as they think fit grant to any person a licence to operate a harbour water taxi service (in this and the following articles referred to as “a licence”) in any part of the harbour.
(2) The Commissioners shall not be required to issue a licence if in their reasonable opinion—
(a)the provision of the service to which the licence application relates would give rise to the risk of congestion, or obstruction or danger to navigation; or
(b)a comparable service is already being provided, whether by some other person already licensed under this article or by the Commissioners, which meets the needs of potential users adequately;
(c)the applicant is unsuitable to hold the licence, whether on account of misconduct by the applicant or (where the applicant is not an individual) by any person in control of or concerned with the management of the applicant, or for any other sufficient reason.
12.—(1) A licence may be granted pursuant to article 11 subject to such terms and conditions as the Commissioners think fit including (without prejudice to the generality of the foregoing)—
(a)conditions as to the hours of operation of the harbour water taxi service (including requirements as regards frequency of service);
(b)conditions as to the fares levied by the licensed operator of the harbour water taxi service;
(c)conditions requiring the maintenance of an insurance policy in relation to the vessels used for the purposes of the harbour water taxi service; and
(d)conditions for ensuring compliance with requirements made by or under any enactment relating to the harbour water taxi service or to the Commissioners, or to the harbour.
(2) A licence shall have effect for such period (which shall be specified in the licence) as the Commissioners may determine.
(3) An application for a licence—
(a)shall be made in writing to the Commissioners;
(b)shall include proposals for the hours of operation and the fares to be levied; and
(c)shall contain such information (including information about the applicant and the vessels to be used), and shall be accompanied by such documents, as the Commissioners shall reasonably require.
(4) The Commissioners shall give notice to the applicant of their decision whether to grant a licence.
(5) If within three months from the date of the making of an application under paragraph (3) the Commissioners do not give notice under paragraph (4), they shall be deemed to have refused the application.
(6) The Commissioners may charge a reasonable fee for the grant of a licence.
(7) If the Commissioners refuse to grant a licence which has been applied for they shall give reasons in writing for their refusal.
(8) If the Commissioners grant a licence upon terms or conditions, or with modifications, they shall give reasons in writing for the terms and conditions imposed or the modifications required.
13. If—
(a)the Commissioners have refused to grant a licence pursuant to article 11 and the applicant for the licence is aggrieved by the refusal; or
(b)the Commissioners have granted a licence upon terms or conditions, or with modifications, and the applicant is aggrieved by the Commissioners’ decision as to such terms or conditions or modifications,
the applicant may appeal to the Secretary of State in accordance with article 26.
14.—(1) The Commissioners may place, lay down, maintain, renew, use or remove such moorings in the harbour—
(a)on land owned or leased by them or in which they hold an appropriate interest; or
(b)with the consent in writing of the owner and lessee thereof, on any other land in the harbour
as they consider necessary or desirable for the convenience of vessels.
(2) The Commissioners may from time to time grant a licence of any mooring provided under this article to any person wishing to use the same for such periods, and on such terms and conditions, and on payment of such reasonable fees, as the Commissioners may from time to time determine.
15.—(1) The Commissioners may from time to time grant a licence to any person owning an appropriate interest in land within the harbour limits to place, lay down, maintain, renew and use moorings, buoys and similar apparatus for vessels in the harbour.
(2) A licence under this article—
(a)may be granted for such a period and on such reasonable terms and conditions as the Commissioners think fit;
(b)may relate to one or more moorings; and
(c)may permit or restrict the sub-letting of those moorings.
(3) The Commissioners shall give notice to the applicant of their decision whether to grant a licence.
(4) If within three months from the date of the making of an application for a licence under this article the Commissioners do not give notice under paragraph (3), they shall be deemed to have refused the application.
(5) The Commissioners may charge a reasonable fee for the grant of a licence under this article and such fee may represent an amount to be paid instead of the harbour dues that would otherwise be payable in respect of the vessels using the moorings in question.
(6) Nothing in any licence granted under this article shall entitle any person to place, lay down, maintain, renew, use or have any mooring on land not owned or leased by that person or by the Commissioners or in which that person has no appropriate interest.
(7) The Commissioners shall have the right to refuse a licence to any person who is unable to establish ownership of an appropriate interest in land.
(8) The Commissioners shall not, when exercising their powers under this article, unreasonably refuse to grant a licence to any person.
(9) Any question of whether a licence has or has not been unreasonably refused, or as to the reasonableness of the terms and conditions of a licence, shall be determined by the Secretary of State on appeal made in accordance with article 26.
16. Any person who—
(a)intentionally obstructs any person acting under the authority of the Commissioners in setting out moorings;
(b)intentionally and without lawful authority pulls up or removes any moorings or any part of any moorings;
(c)places, lays down, maintains, renews or has in the harbour any mooring not provided by the Commissioners under article 14 or licensed by the Commissioners under article 15;
(d)without reasonable excuse causes or permits a vessel to be moored in the harbour except at a mooring so provided or licensed by the Commissioners, or at a quay, jetty or other apparatus provided for the mooring of vessels;
(e)without reasonable excuse causes or permits a vessel to be moored at a mooring provided by the Commissioners under article 14 or licensed by the Commissioners under article 15 which the person is not entitled to use; or
(f)contravenes the terms or conditions of any licence granted under article 14 or article 15,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
17.—(1) If any person commits an offence under article 7 in respect of any non-compliance with a requirement made under paragraph 1(h) of Schedule 3, or any offence under article 16(c), the Commissioners may remove the mooring in question and recover from that person the expenses incurred in doing so.
(2) If any person commits an offence under article 7 in respect of any non-compliance with a requirement made under paragraph 1(h) of Schedule 3, or any offence under article 16(d) or (e), the Commissioners may at any time after the expiration of the period of 7 days from the date of that offence—
(a)remove the vessel, including any tackle with the vessel;
(b)sell or otherwise dispose of the vessel and tackle; and
(c)recover out of the proceeds of sale—
(i)any unpaid licence fee payable under article 14;
(ii)any unpaid licence fee payable under article 15; and
(iii)the expenses of removal and disposal under this paragraph,
and shall hold any surplus proceeds of sale on trust for the owner of the vessel.
(3) If the proceeds of sale under paragraph (2) above are insufficient to reimburse the Commissioners for the expenses referred to in paragraph (2)(c)(iii), the Commissioners may recover the deficiency, or, where there is no sale, the whole of the expenses, from the owner as a debt.
(4) The Commissioners shall, before removing a vessel in exercise of their powers under this article, give 7 clear days’ notice in writing of their intention to do so except in a case of emergency when they shall give notice as soon as reasonably practicable after they have removed the vessel.
18.—(1) Subject to paragraphs (4) and (5), and to Schedule 4, but notwithstanding anything else in this or any other statutory provision of local application, the Commissioners may from time to time set apart or designate any part of the harbour for the exclusive, partial or preferential use or accommodation of any particular trade, activity, person, vessel or class of vessels or goods, subject to the payment of such reasonable charges and to such terms, conditions and regulations as the Commissioners think fit.
(2) Without prejudice to the generality of paragraph (1), the Commissioners may exercise the powers of this article in relation to any part of the harbour during and for the purposes of any regatta, boat race or other event or function.
(3) No person or vessel shall, otherwise than in accordance with the setting apart or designation, make use of any part of the harbour so set apart or designated without the consent of the harbourmaster or other duly authorised officer of the Commissioners, and—
(a)the harbourmaster or, as the case may be, such officer may order any person or vessel making use of it without such consent to leave or be removed; and
(b)the provisions of section 58 of the Harbours, Docks, and Piers Clauses Act 1847(1) shall extend and apply with appropriate modifications in relation to any such vessel.
(4) The Commissioners shall not exercise the powers of this article in such a way as to prevent the exercise of rights conferred by any licence granted pursuant to article 14(2) or article 15.
(5) Nothing in this article shall authorise the permanent or temporary stopping up or diversion or other interference with any public right of way over land within the harbour.
19.—(1) In this article “fuel bowser” means a movable tank, pump or other appliance for the fuelling of vessels and includes any vehicle, trailer or similar device on which the bowser is mounted.
(2) No person shall place, retain or use a fuel bowser on any land or on any wharf, quay or other work in the harbour unless the person is authorised to do so by a licence granted by the Commissioners.
(3) A licence under this article—
(a)may be granted for such a period, and on such terms and conditions, as the Commissioners think fit; and
(b)may relate to one or more fuel bowsers.
(4) The Commissioners may charge a reasonable fee for the grant of a licence under this article.
(5) Nothing in any licence granted under this article shall entitle any person to place, retain or use any fuel bowser on land not owned or leased by that person, or by the Commissioners, or in which that person has no appropriate interest.
(6) Any person who contravenes paragraph (2) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(7) If any person commits an offence under paragraph (6) the Commissioners may—
(a)remove the fuel bowser, including any fuel pipes or other equipment provided with it;
(b)sell or otherwise dispose of the fuel bowser, pipes and equipment together with any fuel contained therein; and
(c)recover out of the proceeds of sale any unpaid licence fee payable under paragraph (4) and the expenses of removal and disposal under this paragraph,
and shall hold any surplus proceeds of sale on trust for the owner of the fuel bowser.
(8) If the proceeds of any sale under paragraph (7)(b) above are insufficient to reimburse the Commissioners for the expenses referred to in paragraph (7)(c) the Commissioners may recover the deficiency, or, where there is no sale, the whole of the expenses, from the owner as a debt.