http://www.legislation.gov.uk/id/uksi/2023/675/schedule/2

http://www.legislation.gov.uk/uksi/2023/675/schedule/2/paragraph/2

The Cornwall Harbours Harbour Revision Order 2023

HARBOURS, DOCKS, PIERS AND FERRIES

Statute Law Database

2024-05-20

Expert Participation

2023-07-17

This Order, made on the application of Cornwall Council relates to the ports and harbours of Bude, Newquay, Penryn, Penzance, Prince of Wales Pier (in Falmouth), St Ives and Truro. It modernises and consolidates the statutory harbour powers applying in relation to all seven harbours, so that they will all be governed by Cornwall Council under the Order. The Order provides for:The jurisdiction (article 4 and Schedule 1) and general functions (article 5) of the Council as the statutory harbour authority for the harbours including plans of the harbours (including the harbour premises) which can be inspected during working hours at the office of the Marine Management Organisation, Lancaster House, Hampshire Court, Newcastle upon Tyne NE4 7YH and the principal office of the Cornwall Council, New County Hall, Treyew Road, Truro TR1 3AY. The plans are also available electronically on the Council’s harbours website at www.cornwallharbours.co.uk.Establishing the constitution and governance arrangements of the Cornwall Harbours Board (articles 6 to 12 and Schedule 2).The establishment of one or more advisory bodies consisting of harbour stakeholders with which the Council are required to consult on material matters (article 13).Powers to vest in the Council relating to application of finances (article 14), establishment of the Port of Truro Reserve Fund, Port of Penryn Reserve Fund and a General Reserve Fund (articles 15 to 17), as well as borrowing powers (article 18).Powers relating to works including a power to dredge, moorings, aids to navigation, repair of landing places, works and dredging licensing and penalties for obstruction of works (articles 19 to 26 and 50 to 53).Modernised powers of management and control of the harbours to vest in the Council including provisions relating to parking places (article 27), removal of vehicles and vessels (article 28), and byelaws (articles 29 to 30 and Schedule 3).Powers of general direction for the Council and special direction for the harbour master (defined in article 2) for the regulation and management of the harbour (articles 31 to 36). A register of all in force general directions may be inspected during office hours at the relevant harbour office of the Council (article 31). This Order creates an offence of failing to comply with special or general directions, the penalty for which is a fine on summary conviction not exceeding level 4 on the standard scale (article 35). A defence of due diligence is available to a person charged under article 35 (article 35(2)).A modern suite of charging powers (articles 39 to 49) including exemptions from harbour dues (article 47) and prevention of sailing of vessels (article 49).Powers relating to development of land (article 54), power to grant tenancies and dispose of land (article 55), power to appropriate lands and works for particular uses, etc. (article 56), other commercial activities (article 57), and power to delegate functions (article 58).Powers relating to bunkering (article 59), disposal of wrecks (article 60), unserviceable vessels (article 61), removal of obstructions other than vessels (article 62), boarding of vessels or vehicles (article 63) and notices (article 64).Saving for Trinity House (article 65) and Crown Rights (article 66).To facilitate the above, the Order repeals and revokes the Acts and Orders set out in Schedule 4 and amends the St Ives (Pilotage) Harbour Revision Order 1988 (S.I. 1988/1500), the Penzance and Newlyn (Pilotage) Harbour Revision Order 1988 (S.I. 1988/1495) and the Stratton and Bude Improvement Act 1901 (1 Edw. 7. Ch. cclvii) (articles 67 and 68).Article 2(1) and Schedule 5 make clear that the “undertaking” means the undertaking for the time being of the Council relating to any or all of the harbours as authorised by this Order and the Acts and Orders listed in Schedule 5 (to the extent that those Acts and Orders relate to the harbours or any one of them).An impact assessment has not been prepared for this Order as there is no, or no significant, impact predicted on businesses, charities, voluntary bodies or the public sector.

SCHEDULES

SCHEDULE 2PROVISIONS APPLYING TO THE BOARD

Chair and vice-chair of BoardI12

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.