London Docklands Development Corporation Act 1994 (c. 13)

SCHEDULES

Sections 2 and 3.

SCHEDULE 1 Description of harbours or former harbours and other areas

1 Hermitage Basin.

2 Western Dock Canal system.

3 Shadwell Basin, including Brussels Wharf.

4 Surrey Water, Thames Link, Albion Canal, Albion Dry Dock and Canada Water.

5 Greenland Dock, Steelyard Cut and South Dock.

6 West India North Branch Dock, West India Centre Branch Dock and West India South Dock.

7 Blackwall Basin and Poplar Dock.

8 Millwall Inner Dock, Millwall Outer Dock and Millwall Cutting.

9 East India Dock Basin.

10 Royal Victoria Dock and Royal Victoria Pontoon Dock.

11 Royal Albert Dock.

12 King George V Dock.

13 Albert Basin.

Sections 2 and 3.

SCHEDULE 2 Description of jetties

1 Greenland pier and associated jetties.

2 Blackwall pier.

3 Two jetties on either side of entrance of lock leading to King George V Dock.

4 Two jetties on either side of site of former entrance to Albert Basin.

5 Jetty on north side of Gallion’s Yacht Lock entrance.

6 Cory’s jetty.

Section 9.

SCHEDULE 3 Purposes for which byelaws may be made

1 For regulating the conduct of all persons in the designated areas, not being members of a police force or officers of the fire authority or officers or servants of the Crown or officers of the port authority whilst in the exercise of their duties as such.

2 For regulating the use of buildings, parking places and facilities provided by the Corporation.

3 To promote the safety of persons in the designated areas.

4 For preventing damage or injury to or interference with any part of the designated areas or any property within the designated areas.

5 For prevention of nuisances in the designated areas.

6 For prohibiting the buying or selling of goods or the carrying on of any other trading activity in the designated areas, either absolutely or except with the consent of the Corporation and in accordance with any conditions (including conditions as to payment) subject to which such consent is given.

7 For regulating the movement, use, speed and parking of vehicles within the designated areas.

8 For regulating the landing and taking off of helicopters within the designated areas.

9 For regulating the entry onto the waterside of horses, ponies, asses or mules and the riding thereon of such animals.

10 For requiring dogs to be under proper control on the waterside or on the jetties, and for the prevention of fouling of those areas by dogs.

11 For the protection of flora and fauna within the designated areas.

12 For prohibiting or regulating the placing of materials or the depositing of litter, rubbish or other substances in the designated areas and making provision for the removal from the designated areas of objects and substances left without lawful authority or abandoned.

13 For the control of noise in the designated areas.

14 For regulating the playing of games in the designated areas.

15 For regulating firework displays or the lighting of fireworks in the designated areas.

16 For regulating the holding of exhibitions, festivals, concerts, displays, regattas and other public events in the designated areas.

17 For regulating cycling, roller-skating, ice skating, or the use of bicycles, tricycles, scooters, toboggans, pedal cars, soap box carts or any other similar conveyances or devices on the waterside.

18 For regulating water skiing, rowing, canoeing, sailing, aqua-planing, wet-biking, windsurfing, kiting or parachute towing or other similar activities in the designated areas and for securing the protection of persons taking part in such activities.

19 For prohibiting or regulating diving, swimming and bathing, and for securing the protection of divers, swimmers and bathers, within the waters of the designated areas.

20 For regulating fishing for marine creatures of any type and by whatever means within the designated areas.

21 To prescribe parts of the designated areas—

(a) where vessels or a specified class of vessels may not moor, anchor or be otherwise secured; or

(b) which vessels of a specified class may not enter.

22 For regulating the use within the designated areas of any class of vessels for business or residential purposes.

23 For requiring the registration of, or of any class of, pleasure-vessels, for the renewal of registration, for revocation of registration in specified circumstances and for prohibiting the use for navigation of the waters of the designated areas by pleasure-vessels which are not registered with the Corporation.

24 For regulating the removal or disposal of rubbish (including ballast, earth or clay or other refuse) and sewage from vessels in the designated areas.

25 For regulating within the designated areas the placing, laying down, maintenance and use of moorings and in particular for prohibiting the placing, laying down, maintaining or using of any mooring otherwise than under the authority of a licence granted by the Corporation in accordance with the conditions subject to which it is so granted.

26 For controlling, preventing and removing obstructions or impediments within the designated areas.

27 For regulating the use in the designated areas of flammable or dangerous substances or of fires, lights or any other equipment, tools or appliances which the Corporation considers involves a risk of fire and for the prevention of smoking.

28 For requiring the masters of vessels within the designated areas to take fire precautions and measures to combat fires on or in respect of their vessels.

29 To prevent the taking of vessels in the designated areas by unauthorised persons.

30 For regulating the carrying out of repairs to vessels in the designated areas, the breaking of or other works on or in respect of vessels in the designated areas or the washing, cleansing or scraping of vessels within the designated areas.

31 For regulating vessels in the designated areas and their entry into and departure from the designated areas and, without prejudice to the generality of the foregoing, to prescribe rules for regulating the notice to be given to the manager of the arrival at, departure from, or movement within the designated areas of vessels, the speed and manner of navigation and the lights and signals (including sound signals) to be exhibited or made by, or for the benefit of, vessels using, navigating or mooring within the designated areas.

32 For requiring notification of, and details of, collisions, accidents and other mishaps involving vessels or vehicles within the designated areas to be given to the manager.

33 For prescribing safety precautions to be taken within the designated areas during the fuelling of vessels.

34 For requiring the display on vessels within the designated areas of the name or other means of identification thereof.

35 For prohibiting the abandonment of vessels in the designated areas and in particular—

(a) for prescribing the circumstances in which vessels shall be deemed to be abandoned;

(b) for making provision for the removal of vessels sunk, stranded or abandoned in the designated areas without lawful authority;

(c) for providing for the recovery of expenses from the owner.

36 For requiring the placing and maintenance of buoys or other devices giving warning of the presence of obstructions within the designated areas.

Section 12.

SCHEDULE 4 Control of craft in designated areas, etc.

incorporation of act of 1847

1 (1) The [1847 c. 27.] Harbours, Docks and Piers Clauses Act 1847 (in this Schedule called “the Act of 1847”), except sections 6 to 27, 29 to 50, 66 to 68, 79 to 90 and 94 to 96, so far as applicable for the purposes of and not inconsistent with this Act is hereby incorporated with this Act.

(2) In construing the Act of 1847, as incorporated with this Act—

(a) the expression “harbour, dock or pier” shall mean the designated areas;

(b) the expression “the harbour master” shall mean the manager;

(c) the prescribed limits shall be the limits of jurisdiction;

(d) the meaning of the word “vessel” as defined by this Act shall be substituted for the meaning assigned to it by section 3 of the Act of 1847; and

(e) the expression “the undertakers” shall mean the Corporation.

(3) Sections 9 (2) and (3), 10 and 11 of this Act shall apply to byelaws made under section 83 of the Act of 1847, as incorporated with this Act, as they apply to byelaws made under section 9 (1) of this Act.

(4) For the purposes of the Act of 1847, as so incorporated, the jetties shall be deemed not to be within the limits of jurisdiction or the designated areas.

Directions of manager

2 Section 52 of the Act of 1847, in its application to the Corporation and the manager—

(1) shall extend to empower the manager to give directions prohibiting the mooring of vessels within the designated areas or any part or parts thereof;

(2) shall not be construed to require the manager in emergency to give particular directions in the case of every vessel in respect of which it is desired to exercise any of the powers of that section, but in pursuance of that section for all or any of the purposes thereof the manager shall be entitled in emergency to give general directions applicable to all vessels or to particular classes of vessels.

Orders of manager need not be in writing

3 Section 53 of the Act of 1847, in its application to the Corporation and the manager, shall not be construed to require the manager to serve a notice in writing of his directions upon the master of a vessel and such directions may be given orally or otherwise communicated to the master.

Boarding of vessels

4 (1) The manager may, on producing if so required his authority, enter a vessel in the designated areas and inspect the vessel or any part thereof or its cargo or any machinery, boats, equipment or articles on board the vessel for the purposes of any enactment relating to the Corporation, or of any direction lawfully given under any such enactment, including the enforcement thereof, and may take such steps as may be necessary to prevent or extinguish fire.

(2) Where the manager indicates his intention of entering and inspecting a vessel, the master of the vessel shall, by any practical means consistent with the safety of the vessel, facilitate the manager boarding and subsequently leaving the vessel.

(3) If the master of a vessel fails to comply with sub-paragraph (2) above, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4) In this and the following paragraph “master” means any person for the time being having or taking the command, charge, possession or management of a vessel whether lawfully or wrongfully.

Power to obtain information as to vessels

5 (1) In this paragraph—

• “owner” means the owner of a vessel and any person having any interest in a vessel (whether as joint owner, lessee, mortgagee or otherwise) and includes a person letting a vessel for hire whether or not that person owns the vessel; and

• “vessel” means any vessel named or identified in a notice under this paragraph.

(2) Where, with a view to performing a function conferred or imposed on it by or under any enactment, the Corporation considers that it ought to have information as to the master or the owner, as the case may be, of any vessel which is or has been in the designated areas, it may serve a notice on any person reasonably believed by it to be the master or owner, or to have been the master or owner at any date specified in the notice, requiring the recipient to furnish to the Corporation within a period specified in the notice (which shall not be less than 14 days beginning with the day on which the notice is served) the following information:—

(a) the name and address of any person whom the recipient of the notice believes to be the master or owner of the vessel, or to have been such master or owner at any date specified in the notice; or

(b) the capacity in which any person who is or has been or is believed by the recipient of the notice to be or have been the master has or takes command, charge, possession or management of the vessel, or had or took such command, charge, possession or management at any date specified in the notice; or

(c) the nature of the interest in or control over the vessel, at any date specified in the notice, of any person who is or has been or is believed by the recipient of the notice to be or have been the owner.

(3) A notice under this paragraph shall—

(a) name or otherwise identify the vessel in respect of which it is served;

(b) specify the function for the purpose of the performance of which the notice is served; and

(c) specify the enactment by or under which that function is to be performed.

(4) A person who—

(a) fails, without reasonable excuse, to comply with the requirements of a notice served on him under sub-paragraph (2) above; or

(b) in furnishing any information in compliance with such a notice makes a statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular;

shall be guilty of an offence and liable on summary conviction to a fine not exceding level 3 on the standard scale.

(5) A person shall not be guilty of an offence under sub-paragraph (4) (a) above if—

(a) he has never been the master or owner of the vessel in respect of which the notice is served; or

(b) he ceased to be the master or owner of the vessel more than 6 months before the date upon which the notice is served on him.