http://www.legislation.gov.uk/ukpga/1964/40/section/31Harbours Act 1964An Act to establish a National Ports Council; to provide for the control of harbour development and for giving financial assistance for the improvement of harbours; to make other provision respecting the construction, improvement, maintenance and management of harbours; to make provision with respect to charges of certain harbour authorities and lighthouse authorities; and for purposes connected with the matters aforesaid.1984-06-01texttext/xmlenStatute Law Database2026-08-14Expert Participation2026-07-23 Harbour Charges Right of objection to ship, passenger and goods dues. 311Subject to the following provisions of this Act, charges to which this section applies are ship, passenger and goods dues other than combined charges within the meaning of section 27A of this Act; and references in this section to the rate at which any such charge is imposed are to the amount where no composition agreement applies and no specially agreed rebate is allowed.2Subject to subsections (10) to (12) below . . . the provisions of subsections (3) to (6) below shall have effect where written objection to a charge to which this section applies imposed by a harbour authority at a harbour which, in the exercise and performance of statutory powers and duties, they are engaged in improving, maintaining or managing, is lodged with the Secretary of State by—aa person appearing to him to have a substantial interest; orba body representative of persons so appearing;and the objection is expressed to be made on all or any of the following grounds, namely,—ithat the charge ought not to be imposed at all;iithat the charge ought to be imposed at a rate lower than that at which it is imposed;iiithat, according to the circumstances of the case, ships, passengers or goods of a class specified in the objection ought to be excluded from the scope of the charge either generally or in circumstances so specified;ivthat, according to the circumstances of the case, the charge ought to be imposed, either generally or in circumstances specified in the objection, on ships, passengers or goods of a class so specified at a rate lower than that at which it is imposed on others.3The Secretary of State shall, forthwith after the objection is lodged, send a copy thereof to the authority and shall give notice to the objector that, as a condition precedent to the taking by the Secretary of State of further steps in the matter of the objection, he must publish in specified newspapers a notice (which, if a form therefor is specified, must be in that form)—astating that he has lodged with him an objection to the charge (and specifying the ground or grounds on which it is expressed to be made); andbstating that any such person or body as the following who desires to make to the Secretary of State representations in the matter, that is to say, a person having a substantial interest and a body representative of persons who have such an interest, should do so in writing within the time specified in the notice (which shall not be less than forty-two days from the publication or first publication thereof).4Where the proper notice concerning the objection has been duly published, then so soon as practicable after the expiration of the time therein specified (but subject to the next following subsection), the Secretary of State shall, unless the objection has been withdrawn before the expiration of that time and no written representations in the matter have been made to him by any such person or body as is mentioned in subsection (3)(b) above before the expiration of that time, proceed to consideration of the charge and any representations made and, unless he is satisfied that he can properly proceed to a decision in the matter without causing an inquiry to be held with respect to it, shall cause an inquiry to be so held.5Where written representations are made as mentioned in subsection (4) above, the Secretary of State shall send copies thereof to the authority and (except where the objection has been withdrawn) to the objector, and shall not proceed to consideration of the charge until such period for consideration of, and comment upon, the representations by the authority and by the objector (if the objection has not been withdrawn) as the Secretary of State thinks reasonable has elapsed.6the Secretary of State, after effect has been given to subsection (4) above, shall either—aapprove the charge but set a limit (not being later than the expiration of twelve months from the date on which he approves it to the period during which the approval is to be of effect, and give to the authority written notice that he has approved it, stating the limit set; orbgive to the authority such direction with respect to the charge as would meet objection thereto made on any of the grounds specified in subsection (2) above (whether that is or is not the ground, or is or is not included amongst the grounds, on which the objection whose lodging gives rise to the proceedings is expressed to be made).7A direction given under the last foregoing subsection to an authority must be in writing and must specify a date for its coming into operation and the period from that date (which shall not exceed twelve months) during which it is to have effect, and the authority shall comply with it.8If a harbour authority fail to comply with an obligation to which they are subject by virtue of the last foregoing subsection, they shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.9Forthwith after complying on any occasion with subsection (6) above, the Secretary of State shall publish, in the newspapers in which was published notice of the lodging of the objection the lodging whereof gave rise to the proceedings that resulted in the compliance on that occasion, the notice or direction given by him to the harbour authority concerned.10Where, by virtue of this section, a charge imposed at a harbour is approved, subsections (3) to (6) above shall not have effect by virtue of the lodging of a further objection thereto during the period during which the approval is of effect; and where, by virtue of this section, a direction is given with respect to a charge so imposed, the said subsections shall not have effect by virtue of the lodging of a further objection to that charge during the period during which the direction has effect or of the lodging, during that period, of an objection to a charge that has come into existence by virtue of the direction.11Where effect to subsections (3) to (5) above is in course of being given in consequence of the lodging with the Secretary of State of an objection to a charge and a further objection to that charge is lodged with the Secretary of State subsections (3) to (6) above shall not have effect by virtue of the lodging of that further objection.12If it appears to the Secretary of State that the Sea Fish Industry Authority are, or may be, concerned with a charge, the Secretary of State shall not give effect to subsection (6) above in relation to that charge without having consulted the Authority.13In relation to charges to which this section applies imposed by a harbour authority at a fishery harbour which, in the exercise and performance of statutory powers and duties, they are engaged in improving, maintaining or managing, the foregoing provisions of this section shall have effect with the substitution, for references to the Secretary of State, of references to the Minister of Agriculture, Fisheries and Food, . . .Functions of Minister of Agriculture, Fisheries and Food under s. 31 now exercisable (W.) by Secretary of State or by Minister of Agriculture, Fisheries and Food and Secretary of State for Wales jointly by S.I. 1969/388, art. 3, Sch. 2 and S.I. 1978/272, art. 2, Sch. 1S. 31 applied (with modifications) (25.7.1991) by Highland Regional Council (Harbours) Order Confirmation Act 1991 (c. xii), s. 39(1)S. 31 applied (with modifications) (12.6.1993) by S.I. 1993/1592, arts. 1(1), 6S. 31 applied (5.11.1993) by 1993 c. 42, s. 15(4).S.31 applied (with modifications) (1.1.1996) by 1995 c. 21, s. 210(8), 216(2) (with s. 132(1))S.31 modified (1.1.1996) by 1995 c. 21, ss. 210, 216(2), Sch. 10 (with s. 132(1))S. 31: transfer of certain functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1Words inserted by Transport Act 1981 (c. 56, SIF 58), Sch. 5 para. 10(3), Sch. 6 para. 8(3)S. 31(2)–(11) extended with modifications by Greater London Council (General Powers) Act 1973 (c. xxx), s. 8(5)(a)(b)S. 31(2)–(12) applied (with modifications) by Pilotage Act 1987 (c. 21, SIF 111), s. 10(6)Words repealed by Transport Act 1981 (c. 56, SIF 58), Sch. 5 para. 10(3), Sch. 12 Pt. IIWords substituted by Transport Act 1981 (c. 56, SIF 58), Sch. 5 para. 10(2)(a)(3)Words substituted by virtue of Transport Act 1981 (c. 56, SIF 58), Sch. 5 para. 10(3), Sch. 6 para. 13(2)(4) and (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G (as inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 54)Words substituted by Fisheries Act 1981 (c. 29, SIF 52:1), Sch. 3 para. 8(1)(a)(2)(4)S. 31 applied (with modifications) (29.12.2007) by The Maryport Harbour Revision Order 2007 (S.I. 2007/3463), arts. 1(1), 45 (with arts. 78, 80, 81)Ss. 30, 31 applied (with modifications) (E.W.) (14.7.2023) by The Cornwall Harbours Harbour Revision Order 2023 (S.I. 2023/675), arts. 1(1), 39 (with arts. 65, 66)S. 31: transfer of functions (1.4.2018) by Wales Act 2017 (c. 4), ss. 29(2)(b)(v), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(g) (with transitional provisions and savings in S.I. 2018/278, reg. 2, Sch.)S. 31 applied (with modifications) (S.) (21.9.2019) by The Caledonian Maritime Assets (East Loch Tarbert) Harbour Revision Order 2019 (S.S.I. 2019/296), arts. 1(1), 40(2) (with arts. 48, 49)S. 31 applied (with modifications) (30.9.2004) by The Dunbar Harbour Revision (Transfer) Order 2004 (S.S.I. 2004/421), arts. 1, 4(7)S. 31 applied (with modifications) (23.5.2008) by The Dumfries and Galloway Council (Garlieston) Harbour Empowerment Order 2008 (S.S.I. 2008/190), arts. 1, 39(1) (with arts. 53(1), 54-56)Ss. 30, 31 applied (with modifications) (S.) (8.6.2018) by The Dumfries and Galloway Council (Kirkcudbright) Harbour Revision Order 2018 (S.S.I. 2018/188), arts. 1, 27 (with arts. 14, 35(3), 38, 39, 40, 41)S. 31(2)-(12) applied (with modifications) (15.7.2003) by The Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 2003 (S.I. 2003/1809), regs. 1(1), 14(5) (with reg. 3)S. 31 applied (with modifications) (E.) (17.2.2021) by The Weymouth Harbour Revision Order 2021 (S.I. 2021/43), arts. 1, 10 (with arts. 42, 44)S. 31(2)-(12) applied (with modifications) (15.7.2003) by The Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 2003 (S.I. 2003/1809), regs. 1(1), 14(6) (with reg. 3)S. 31 applied (16.8.2006) by The Dover Harbour Revision Order 2006 (S.I. 2006/2167), arts. 1(1), 20Ss. 30, 31 applied (with modifications) (S.) (4.10.2025) by 1973 c. xvi, s. 54(2) (as substituted by The Cromarty Firth Port Authority Harbour Revision Order 2025 (S.S.I. 2025/279), arts. 1(1), 3(34))S. 31 applied (with modifications) (E.W.) (15.12.2025) by The Portsmouth International Port and Camber Harbour Revision Order 2025 (S.I. 2025/1223), arts. 1(1), 32 (with arts. 31, 59-61)Ss. 30, 31 applied (with modifications) (E.W.) (20.2.2026) by The Lyme Regis, Bridport (West Bay) and Weymouth Harbour Revision Order 2026 (S.I. 2026/62), arts. 1(1), 10 (with arts. 30, 51, 52)S. 31 applied (with modifications) (E.W.) (23.7.2026) by S.I. 2012/1777, art. 29A (as inserted by The Poole Harbour Revision Order 2026 (S.I. 2026/724), arts. 1(1), 39(4) (with arts. 19, 36, 37))