Marine Navigation Act 2013

5 Harbour directions

(1) After section 40 of the Harbours Act 1964 insert—

“Harbour directions

40A Directions

(1) A designated harbour authority may give directions (“harbour directions”) in respect of ships—

(a) within their harbour, or

(b) entering or leaving their harbour.

(2) A harbour direction may relate to—

(a) the movement of ships;

(b) mooring or unmooring;

(c) equipment (including nature and use);

(d) the manning of ships.

(3) A harbour direction may require the master of a ship to provide information to a specified person in a specified manner.

(4) “Designated harbour authority” means—

(a) a harbour authority for a fishery harbour in Wales who are designated by order of the Welsh Ministers,

(b) a harbour authority for any other harbour in England or Wales who are designated by order of the Secretary of State, and

(c) a harbour authority for a harbour in Scotland who are designated by order of the Scottish Ministers.

(5) A harbour direction is subject to any direction under section 52 of the Harbours, Docks and Piers Clauses Act 1847 (directions by harbour master).

(6) A harbour authority may not give a harbour direction which conflicts with an enactment.

(7) An order designating a harbour authority may amend or repeal any statutory provision of local application which the person making the order thinks is—

(a) inconsistent with the power to give harbour directions, or

(b) unnecessary as a result of the power.

40B Procedure

(1) Harbour directions must be in writing.

(2) Before giving harbour directions a harbour authority must consult such representatives of users of the harbour as the authority think appropriate.

(3) A harbour authority must make such arrangements as they think appropriate for publicising a proposed harbour direction for at least 28 days before it is given.

(4) A harbour authority must—

(a) make harbour directions available for inspection, and

(b) supply a copy to anyone who requests it.

(5) A harbour authority may charge for the supply of copies.

(6) As soon as is reasonably practicable after giving a harbour direction the harbour authority must publish a notice in a newspaper specialising in shipping news—

(a) stating that a harbour direction has been given, and

(b) giving details of the arrangements for the inspection and supply of copies of harbour directions.

40C Enforcement

(1) The master of a ship must ensure that harbour directions are complied with.

(2) Breach of subsection (1) without reasonable excuse is an offence.

(3) A person guilty of the offence is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

40D Supplemental

(1) Harbour directions—

(a) may make provision that applies generally or only in relation to specified circumstances, areas, periods or descriptions of ship, and

(b) may make different provision for different circumstances, areas, periods or descriptions of ship.

(2) Harbour directions may be varied or revoked by subsequent harbour directions.

(3) In section 40A—

• “mooring” includes casting anchor, and

• “unmooring” includes weighing anchor.”

(2) In section 54 (orders and regulations) at the end insert—

“(5) A power of the Secretary of State or Welsh Ministers to make an order under section 40A is exercisable by statutory instrument.

(6) A statutory instrument containing an order under section 40A—

(a) if made by the Secretary of State, is subject to annulment in pursuance of a resolution of either House of Parliament,

(b) if made by the Welsh Ministers, is subject to annulment in pursuance of a resolution of the National Assembly for Wales.”

(3) In section 57(1) (interpretation) insert at the appropriate place—

• ““master”, in relation to a ship, means the person who has command or charge of the ship for the time being;”.