Harbours, Piers and Ferries (Scotland) Act 1937

12 Power to fix and to revise dues

(1) Notwithstanding anything in any Act with regard to tolls, dues or charges, the Secretary of State may, on the application of the authority in whom a marine work to which this Part of this Act applies is vested or of any person appearing to the Secretary of State to have an interest, after consultation with the Board of Trade and the Minister of Transport, fix a schedule of dues in respect of the use of the marine work and the authority in whom such work is vested shall levy and collect such dues as they think fit, not exceeding those specified in such schedule and except in any case where the approval of the Secretary of State has been obtained not being less than seventy-five per centum thereof, provided that the dues so levied and collected be at all times charged equally to all persons in respect of the same description of vessel and the same description of goods. Before fixing any such schedule, the Secretary of State may direct a local inquiry to be held by such person as he may appoint for the purpose.

(2) Where an application for revision of any of the dues specified in any such schedule as aforesaid is made to the Secretary of State by the authority in whom the marine work is vested or by any person appearing to the Secretary of State to have an interest, or where the Secretary of State is otherwise satisfied that any of such dues should be revised, he may, after consultation with the Minister of Transport, make an order revising all or any of such dues, and such order shall take effect as from such date as may therein be specified. Before making any such order, the Secretary of State shall, except where the authority in whom the marine work is vested is the applicant, afford that authority an opportunity of making representations, and may direct a local inquiry to be held by such person as he may appoint for the purpose.

(3) The Secretary of State may require any person making an application under this section to publish in such manner as the Secretary of State may think fit a notice stating that the application has been made and specifying a time within which representations may be made with regard thereto to the Secretary of State.

(4) Where, on an application under this section, an order has been made by the Secretary of State revising any such due or dues as aforesaid, or the Secretary , of State has decided not to make an order, no further application for a revision of the due or dues to which the application related shall be made within twelve months from the date of such order or decision.

(5) An application under this section shall be accompanied by such information and particulars certified in such manner as the Secretary of State may require, and any person appointed to hold an inquiry may call for such documents and accounts as he shall think fit and may hear such witnesses as he shall think fit and shall have power to take evidence on oath and for that purpose to administer oaths;.

(6) The expenses incurred in relation to any inquiry held under this section, including the remuneration of any person appointed to hold the inquiry, shall be paid by the authority and other parties to the inquiry, or by such of them and in such proportions as the Secretary of State may direct, and the Secretary of State may certify the amount of the expenses incurred, and any sum so certified and directed to be paid by any authority or party shall be a debt due to the Crown from such authority or party.

(7) In any case where the person appointed to hold an inquiry under this section is an officer of any Government department it shall be lawful to include, in the expenses incurred in relation to the inquiry, a fee not exceeding five guineas a day in respect of the services of such officer.

(8) The authority in' whom any marine work to which this Part of this Act applies is vested shall keep open for public inspection at such marine work a list specifying the dues for the time being exigible.