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Merchant Shipping Act 1995

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197 General powers of general lighthouse authority.U.K.

(1)Subject to subsection (2) below, a general lighthouse authority shall, within their area, have power—

(a)to erect or place any lighthouse, with all requisite works, roads and appurtenances;

(b)to add to, alter, or remove any lighthouse;

(c)to erect or place any buoy or beacon, or alter or remove any buoy or beacon;

(d)to vary the character of any lighthouse or the mode of exhibiting lights therein.

(2)A general lighthouse authority shall not in the area of a [F1statutory harbour authority]

(a)erect or place any lighthouse, works, roads or appurtenances under subsection (1)(a) above, or

(b)erect or place any buoy or beacon under subsection (1)(c) above,

except in pursuance of a direction given by the Secretary of State.

(3)The Secretary of State may give such a direction to a general lighthouse authority if he considers it appropriate to do so in the interests of general navigation.

(4)Where any improved light or beacon, or any siren or any description of fog signal has been added to an existing lighthouse, the light or beacon, siren or signal may, for the purposes of this Part, be treated as if it were a separate lighthouse.

(5)A general lighthouse authority may acquire any land which may be necessary for—

(a)the exercise of their powers under subsection (1) above;

(b)the maintenance of their works; or

(c)the residence of the light keepers.

(6)For the purposes of the acquisition of land by a general lighthouse authority under subsection (5) above the following provisions shall apply—

(a)if the land is in England and Wales, the provisions of Part I of the M1Compulsory Purchase Act 1965 (so far as applicable) except sections 4 to 8, 27 and 31;

(b)if the land is in Scotland, the provisions of the Lands Clauses Acts (so far as applicable) except sections 120 to 125, 127, 142 and 143 of the M2Lands Clauses Consolidation (Scotland) Act 1845;

(c)if the land is in Northern Ireland, the provisions of the Lands Clauses Acts (so far as applicable) except sections 16 to 20, 92 to 94, 123, 127 to 132, 150 and 151 of the M3Lands Clauses Consolidation Act 1845.

(7)A general lighthouse authority may sell [F2or lease] any land belonging to them.

F3[F3(8)Where it appears to a general lighthouse authority that any asset of theirs which is held in connection with the discharge of their functions under section 195 has spare capacity, they may, with the consent of the Secretary of State, enter into an agreement for the purpose of exploiting that spare capacity.

F3(9)For the purposes of subsection (8) above an asset has spare capacity if—

(a)during any period there are times (or there is a time) when it is not needed in connection with the discharge of the general lighthouse authority’s functions under section 195;

(b)there is any period when it is not being used to its full capacity in connection with the discharge of those functions; or

(c)it has ceased to be used in connection with the discharge of those functions but it is not for the time being expedient to realise the asset.

F3(10)Any consent under subsection (8) above may be given—

(a)unconditionally or subject to conditions; and

(b)in relation to a particular case or in relation to such description of cases as may be specified in the consent.

F3(11)A general lighthouse authority shall send to the Secretary of State a copy of every agreement entered into by them by virtue of subsection (8) above.]

Textual Amendments

F1Words in s. 197(2) substituted (17.7.1997) by 1997 c. 28, s. 29(1), Sch. 6 para. 7; S.I. 1997/1539, art. 2, Sch.

F2Words in s. 197(7) inserted (17.7.1997) by 1997 c. 28, s. 19(1); S.I. 1997/1539, art. 2, Sch.

F3S. 197(8)-(11) inserted (17.7.1997) by 1997 c. 28, s. 19(2); S.I. 1997/1539, art. 2, Sch.

Marginal Citations

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