Merchant Shipping Act 1894

PART XI U.K. Lighthouses

Modifications etc. (not altering text)

C1 Power to extend Pt. XI conferred by Merchant Shipping Act 1979 (c. 39), s. 34(3)

C2 Pt. XI (ss. 634–675) amended by Merchant Shipping (Mercantile Marine Fund) Act 1898 (c. 44), s. 1(4); amended by S.I. 1986/2285, art. 2; and extended by S.I. 1987/ 171, art. 2

Pt. XI modified by S.I. 1991/347, art. 2(1)

General Management U.K.

634 Management of lighthouses, buoys, and beacons. U.K.

(1) Subject to the provisions of this Part of this Act, and subject also to any powers or rights now lawfully enjoyed or exercised by any person or body of persons having by law or usage authority over local lighthouses, buoys, or beacons, (in this Act referred to as “local lighthouse authorities,”) the superintendence and management of all lighthouses, buoys, and beacons shall within the following areas be vested in the following bodies; namely,—

(a) Throughout England and Wales, [F1 and the Channel Islands,] and the adjacent seas and islands, [F2 and at Gibraltar], in the Trinity House;

(b) Throughout Scotland and the adjacent seas and islands[F1 , and the Isle of Man,] in the Commissioners of Northern Lighthouses; and

(c) Throughout Ireland and the adjacent seas and islands, in the Commissioners of Irish Lights,

and those bodies are in this Act referred to as the general lighthouse authorities, and those areas as lighthouse areas.

(2) Subject to the provisions of this Part of this Act, the general lighthouse authorities shall respectively continue to hold and maintain all property now vested in them in that behalf in the same manner and for the same purposes as they have hitherto held and maintained the same.

Textual Amendments

F1 Words in s. 634(1) repealed (prosp.) by 1993 c. 22, ss. 8(3)(4), 10(2), Sch. 4 para. 36, Sch. 5 Pt.II;

F2 Words repealed (prosp.) by Merchant Shipping Act 1988 (c. 12, SIF 111), ss. 48, 57(5), 58(2), Schs. 5, 7 (with s. 58(4), Sch. 8 para. 1) and by 1993 c. 22, ss. 8(3)(4), 10(2), Sch. 4 para. 36, Sch. 5 Pt.II

Modifications etc. (not altering text)

C3 Definition in s. 634 applied (1.4.1993) by Ports Act 1991 (c. 52, SIF 58), s. 31(3); S.I. 1992/2381, art. 2

634 Management of lighthouses, buoys, and beacons. U.K.

(1) Subject to the provisions of this Part of this Act, and subject also to any powers or rights now lawfully enjoyed or exercised by any person or body of persons having by law or usage authority over local lighthouses, buoys, or beacons, (in this Act referred to as “local lighthouse authorities,”) the superintendence and management of all lighthouses, buoys, and beacons shall within the following areas be vested in the following bodies; namely,—

(a) Throughout England and Wales, and the Channel Islands, and the adjacent seas and islands, [F61 and at Gibraltar], in the Trinity House;

(b) Throughout Scotland and the adjacent seas and islands, and the Isle of Man, in the Commissioners of Northern Lighthouses; and

(c) Throughout Ireland and the adjacent seas and islands, in the Commissioners of Irish Lights,

and those bodies are in this Act referred to as the general lighthouse authorities, and those areas as lighthouse areas.

(2) Subject to the provisions of this Part of this Act, the general lighthouse authorities shall respectively continue to hold and maintain all property now vested in them in that behalf in the same manner and for the same purposes as they have hitherto held and maintained the same.

Textual Amendments

F61 Words repealed (prosp.) by Merchant Shipping Act 1988 (c. 12, SIF 111), ss. 48, 57(5), 58(2), Schs. 5, 7 (with s. 58(4), Sch. 8 para. 1)

Modifications etc. (not altering text)

C9 Definition in s. 634 applied (1.4.1993) by Ports Act 1991 (c. 52, SIF 58), s. 31(3); S.I. 1992/2381, art.2

[F3 634A Joint discharge of functions by general lighthouse authorities. U.K.

(1) Two or more of the general lighthouse authorities may discharge any of their functions jointly; and for that purpose—

(a) those authorities may share any part of their respective establishments, and

(b) any of them may, in the area of another and on that other’s behalf, execute any works or do any other thing which the authority have power to execute or do in their own area;

and any enactment relating to the functions in question or to the authorities by whom or the areas in which those functions are to be discharged shall be construed accordingly.

(2) Any expenses incurred by any of the general lighthouse authorities in pursuance of this section shall be apportioned between that authority and the other authority or authorities concerned in such manner as may be agreed between them or (in default of agreement) determined by the Secretary of State.]

Textual Amendments

F3 S. 634A inserted by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 41 (with s. 58(4), Sch. 8 para. 1)

635 Returns and information to Board of Trade. U.K.

The general lighthouse authorities, and their respective officers, shall at all times give to the Board of Trade all such returns, explanations or information, in relation to the lighthouses, buoys, or beacons within their respective areas, and the management thereof, as the Board require.

636 Power of Board of Trade to inspect on complaint made. U.K.

(1) The Board of Trade may, on complaint that any lighthouse, buoy, or beacon under the management of any of the general lighthouse authorities, or any work connected therewith, is inefficient or improperly managed or is unnecessary, authorise any persons appointed by them to inspect the same.

(2) A person so authorised may inspect the same accordingly, and make any inquiries in respect thereof, and of the management thereof, which he thinks fit; and all officers and others having the care of any such lighthouses, buoys, or beacons, or concerned in the management thereof, shall furnish any information and explanation in relation thereto which the person inspecting requires.

637 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4 U.K.

Textual Amendments

F4 Ss. 637, 640, 641 repealed by Merchant Shipping Act 1979 (c. 39), Sch. 7 Pt. II

Construction of Lighthouses, &c. U.K.

638 General powers of lighthouse authorities. U.K.

A general lighthouse authority shall, within their area . . . F5 , have the following powers (in this Act referred to as Lighthouse powers); namely, powers—

(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.[F6 Any reference in this Part of this Act to a lighthouse, buoy or beacon includes its appurtenances.]

Textual Amendments

F5 Words repealed by Merchant Shipping Act 1979 (c. 39), Sch. 7 Pt. II

F6 Words in s. 638 inserted (1.5.1994) by 1993 c. 22, s. 8(3), Sch. 4 para.37; S.I. 1993/3137, art. 3(2)

639 Powers as to land. U.K.

(1) A general lighthouse authority may take and purchase any land which may be necessary for the exercise of their lighthouse powers, or for the maintenance of their works or for the residence of the light keepers.

[F7 (1A) For the purpose of the acquisition of land by a general lighthouse authority under subsection (1) above the following provisions shall apply—

(a) if the land is in England and Wales, the provisions of Part I of the Compulsory 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 Lands Clauses Consolidation (Scotland) Act 1845;

(c) if the land is in Northern Ireland, the provisions of the Land Clauses Acts (so far as applicable) except sections 16 to 18, 19, 20, 92 to 94, 123, 127 to 132, 150 and 151 of the Lands Clauses Consolidation Act 1845.]

(2) A general lighthouse authority may sell any land belonging to them.

Textual Amendments

F7 Words in s. 639(1) substituted with s. 639(1A) (1.5.1994) by 1993 c. 22, s. 8(3), Sch. 4 para.38; S.I. 1993/3137, art. 3(2)

640, 641. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8 U.K.

Textual Amendments

F8 Ss. 637, 640, 641 repealed by Merchant Shipping Act 1979 (c. 39), Sch. 7 Pt. II

642 Additions to lighthouses. U.K.

Where any improved light [F9 or beacon], or any siren or any description of fog signal has been added to an existing lighthouse, the light [F9 or beacon], siren or signal may, for the purposes of this Part of this Act, be treated as if it were a separate lighthouse.

Textual Amendments

F9 Words in s. 642 inserted (1.5.1994) by 1993 c. 22, s. 8(3), Sch. 4 para.39; S.I. 1993/3137, art. 3(2)

Light Dues U.K.

643 Continuance of light dues. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10 [F11 A general lighthouse authority may demand, take and recover dues in respect of lighthouses, buoys and beacons under their management (in this Part of this Act called light dues) in accordance with the following provisions of this Part of this Act and for that purpose appoint persons to collect them.] Light dues shall be payable in respect of all ships whatever, except ships belonging to Her Majesty, and ships exempted from payment thereof in pursuance of this Act.

Textual Amendments

F10 Words repealed by Merchant Shipping (Mercantile Marine Fund) Act 1898 (c. 44), Sch. 4

F11 Words in s. 643 inserted (1.5.1994) by 1993 c. 22, s. 8(3), Sch. 4 para.40; S.I. 1993/3137, art. 3(2)

[643A F12 Information to determine light dues. U.K.

(1) A general lighthouse authority may, for the purpose of determining whether any and, if so, what light dues are payable in respect of any ship, require any relevant authority or any person who is liable to pay light dues in respect of the ship, to furnish to the general lighthouse authority such information in that authoritys’ or person’s possession or control relating to the arrival or departure of the ship at or from any port within their area as they may reasonably require for that purpose.

(2) A general lighthouse authority may require any relevant authority to furnish to them such information in the relevant authority’s possession or control relating to the movements within the relevant authoritys’ area of ships or ships of any class or description for the purpose of determining whether any and, if so, what light dues are payable in respect of the ships.

(3) The powers conferred on a general lighthouse authority by subsections (1) and (2) above shall also be available to the person appointed by them to collect dues at a port.

(4) It shall be the duty of a relevant authority or person of whom a requirement for information is made under subsection (1), (2) or (3) above to furnish information as soon as is reasonably practicable.

(5) In this section “relevant authority” means—

(a) a harbour authority;

(b) the Commissioners of Customs and Excise; and

(c) a conservancy authority.]

Textual Amendments

F12 S. 643A inserted (1.5.1994) by 1993 c. 22, s. 8(3), Sch. 4 para.41; S.I. 1993/3137, art. 3(2)

644–646 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13 U.K.

Textual Amendments

F13 Ss. 644–646 repealed by Merchant Shipping (Mercantile Marine Fund) Act 1898 (c. 44), Sch. 4

[647 F14 Availability of light dues regulations for inspection. U.K.

A copy of the regulations in force under section 5(2) of the Merchant Shipping (Mercantile Marine Fund) Act 1898 (as substituted by section 36(2) of the Merchant Shipping Act 1979) in respect of light dues shall be kept at—

(a) the principal office of the general lighthouse authority, and

(b) the office of the appointed collector at every port where such dues are collected;

and shall be open for inspection there during reasonable hours by any person without charge.]

Textual Amendments

F14 S. 647 substituted (1.5.1994) by 1993 c. 22, s. 8(3), Sch. 4 para.42; S.I. 1993/3137, art. 3(2)

648 Application and collection of light dues. U.K.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15

(2) Every person appointed to collect light dues by any of the general lighthouse authorities shall collect all light dues payable at the port at which he is so appointed [F16 or (as the case may be) such of those dues as he is so appointed to collect], whether they are collected on account of the authority by whom he was appointed or on account of one of the other general lighthouse authorities.

(3) Any person so appointed to collect light dues shall pay over to the general lighthouse authority by whom he was appointed, or as that authority directs, the whole amount of light dues received by him.[F17 (4) A general lighthouse authority receiving dues (whether themselves or from a collector)] shall keep accounts thereof, and shall cause the dues to be remitted to Her Majesty’s Paymaster-General in such manner as the Board of Trade direct.

Textual Amendments

F15 S. 648(1) repealed by Merchant Shipping Act 1988 (c. 12, SIF 111), ss. 48, 57(5), Schs. 5, 7 (with s. 58(4), Sch. 8 para. 1)

F16 Words inserted by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 48, Sch. 5 (with s. 58(4), Sch. 8 para. 1)

F17 Words in s. 648(3) substituted for s. 648(4) (1.5.1994) by 1993 c. 22, s. 8(3), Sch. 4 para.43; S.I. 1993/3137, art. 3(2)

649 Recovery of light dues. U.K.

(1) The following persons shall be liable to pay light dues for any ship in respect of which light dues are payable; namely,—

(a) The owner or master; or

(b) Such consignees or agents thereof as have paid, or made themselves liable to pay, any other charge on account of the ship in the port of her arrival or discharge;

and those dues may [F18 , except in Scotland,]be recovered in the same manner as fines of a like amount under this Act.

[F18 (1A) In Scotland light dues shall, for the purposes of their recovery, be regarded as a debt due to the general lighthouse authority.]

(2) Any consignee or agent (not being the owner or master of the ship) who is hereby made liable for the payment of light dues in respect of any ship, may, out of any moneys received by him on account of that ship or belonging to the owner thereof, retain the amount of all light dues paid by him, together with any reasonable expenses he may have incurred by reason of the payment of the dues or his liability to pay the dues.

Textual Amendments

F18 Words and s. 649(1A) inserted (1.5.1994) by 1993 c. 22, s. 8(3), Sch. 4 para. 44 (a)(b); S.I. 1993/3137, art. 3(2)

650 Distress on ship for light dues. U.K.

(1) If the owner or master of any ship fails, on demand of the authorised collector, to pay the light dues due in respect thereof, that collector may, in addition to any other remedy which he or the authority by whom he is appointed is entitled to use, enter upon the ship, and distrain the goods, F19 . . . tackle, or any thing belonging to, or on board, the ship, and detain that distress until the light dues are paid.

(2) If payment of the light dues is not made within the period of [F19 five]days next ensuing the distress, the collector may, at any time during the continuance of non-payment, cause the distress to be [F19 independently appraised and thereupon sold by public auction], and apply the proceeds in payment of the light dues due, together with all reasonable expenses incurred by him under this section, paying the surplus (if any), on demand, to the owner or master of the ship.

[F19 (3) This section does not apply to Scotland.]

Textual Amendments

F19 Word "guns" in s. 650(1) repealed (1.5.1994) by 1993 c. 22, s. 8(3)(4), Sch. 4 para. 45(a), Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2)

Words in s. 650(2) substituted (1.5.1994) by 1993 c. 22, s. 8(3), Sch. 4 para. 45(b)(i)(ii); S.I. 1993/3137, art. 3(2)

S. 650(3) added (1.5.1994) by 1993 c. 22, s. 8(3), Sch. 4 para. 45(c); S.I. 1993/3137, art. 3(2)

651 Receipt for light dues. U.K.

A receipt for light dues shall be given [F20 to the person paying them by the authority or person receiving them from him], and a ship may be detained at any port [F20 until the receipt for any dues due in respect of the ship] is produced to the proper [F21 officer of customs and excise][F20 or the person appointed to collect light dues at the port].

Textual Amendments

F20 Words in s. 651 substituted (1.5.1994) by 1993 c. 22, s. 8(3), Sch. 4 para.46; S.I. 1993/3137, art. 3(2)

F21 Words substituted by virtue of Customs and Excise Management Act 1979 (c. 2), Sch. 4 para. 1

Local Lighthouses U.K.

652 Inspection of local lighthouses. U.K.

(1) It shall be the duty of each of the general lighthouse authorities, or of any person authorised by that authority for the purpose, to inspect all lighthouses, buoys, and beacons situate within their area, but belonging to or under the management of any local lighthouse authority, and to make such inquiries in respect thereof and of the management thereof as they think fit.

(2) All officers and others having the care of any such local lighthouses, buoys, or beacons, or concerned in the management thereof, shall furnish all such information and explanations concerning the same as the general lighthouse authority require.

(3) All local lighthouse authorities and their officers shall at all times give to the general lighthouse authority all such returns, explanations, or information concerning the lighthouses, buoys, and beacons under their management and the management thereof, as the general lighthouse authority require.

(4) The general lighthouse authority shall communicate to each local lighthouse authority the results of the inspection of their lighthouses, buoys, and beacons, and shall also make general reports of the results of their inspection of local lighthouses, buoys, and beacons to the Board of Trade . . . F22

Textual Amendments

F22 Words repealed by Merchant Shipping Act 1988 (c. 12, SIF 111), ss. 48, 57(5), Schs. 5, 7 (with s. 58(4), Sch. 8 para. 1)

653 Control of local lighthouse authorities by general lighthouse authorities. U.K.

(1) A general lighthouse authority may, within their area, with the sanction of the Board of Trade, and after giving due notice of their intention, direct a local lighthouse authority to lay down buoys, or to remove or discontinue any lighthouse, buoy, or beacon, or to make any variation in the character of any lighthouse, buoy, or beacon, or in the mode of exhibiting lights in any lighthouse, buoy, or beacon.

(2) A local lighthouse authority shall not erect or place any lighthouse, buoy, or beacon, or remove or discontinue any lighthouse, buoy, or beacon, or vary the character of any lighthouse, buoy, or beacon, or the mode of exhibiting lights in any lighthouse, buoy, or beacon, without the sanction of the general lighthouse authority.

[F23 (3) A direction under subsection (1) of this section shall be given in writing; and it shall be the duty of a local lighthouse authority to whom such a direction is given to comply with it.]

(5) Nothing in this section shall apply to local buoys and beacons placed or erected for temporary purposes.

Textual Amendments

F23 S. 653(3) substituted (1.4.1993) for s. 653(3)(4) by Ports Act 1991 (c. 52, SIF 58), s. 31(6); S.I. 1992/2381, art. 2

654 Surrender of local lighthouses. U.K.

(1) A local lighthouse authority may, if they think fit, surrender or sell any lighthouse, buoy, or beacon held by them to the general lighthouse authority within whose area it is situated, and that general lighthouse authority may, with the consent of the Board of Trade, accept or purchase the same.

[F24 (2) The reference in subsection (1) of this section to a lighthouse, buoy or beacon includes its appurtenances.]

Textual Amendments

F24 S. 654(2) substituted (1.4.1993) for s. 654(2)(3) by Ports Act 1991 (c. 52, SIF 58), s. 33(4); S.I. 1992/2381, art.2

Modifications etc. (not altering text)

C4 S. 654(1) restricted (1.4.1993) by Ports Act 1991 (c. 52, SIF 58), s. 33(3); S.I. 1992/2381, art.2

655 [F25 Light dues for local light. E+W+S

[F26 (1) If any lighthouse, buoy, or beacon is erected or placed, or reconstructed, repaired, or replaced by a local lighthouse authority, Her Majesty may, on the application of that authority, by Order in Council, fix such dues to be paid to that authority in respect of every ship which enters the port or harbour under the control of that authority or the estuary in which the lighthouse, buoy, or beacon is situate, and which passes the lighthouse, buoy, or beacon and derives benefit therefrom as Her Majesty may think reasonable.]

(2) Any [F27 dues fixed under this section (in this Act referred to as] local light dues) shall be paid by the same persons and may be recovered in the same manner as light dues under this Part of this Act.

[F26 (3) Her Majesty may by Order in Council reduce, alter, or increase any local light dues, so that those dues, so far as possible, may be sufficient and not more than sufficient for the payment of the expenses incurred by the local lighthouse authority in respect of the lighthouses, buoys, or beacons for which the dues are levied.]]

Textual Amendments

F25 S. 655 repealed (N.I.) (1.5.1994) by 1993 c. 22, s. 8(3)(4), Sch. 4 para. 47, Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2)

F26 S. 655(1)(3) repealed (E.W.)(S.) by Harbours Act 1964 (c. 40), Sch. 6

F27 Words repealed (E.W.) (S.) by Harbours Act 1964 (c. 40), Sch. 6

Modifications etc. (not altering text)

C5 S. 655 amended (E.W.)(S.) by Harbours Act 1964 (c. 40), s. 29(3)(4)

656 Application of local light dues. U.K.

(1) All local light dues shall be applied by the authority by whom they are levied for the purpose of the construction, placing, maintenance, and improvement of the lighthouses, buoys, and beacons in respect of which the dues are levied, and for no other purpose.

(2) The local lighthouse authority to whom any local light dues are paid shall keep a separate account of the receipt and expenditure of those dues F28 . . ..

Textual Amendments

F28 Words in s. 656(2) repealed (1.5.1994) by 1993 c. 22, s. 8(3)(4), Sch. 4 para. 48, Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2)

Modifications etc. (not altering text)

C6 S. 656 amended (E.W.)(S.) by Harbours Act 1964 (c. 40), s. 29(3)(4)

[F29 657 Reduction of local light dues. U.K.

A local lighthouse authority may, with the consent of Her Majesty in Council (if they have not otherwise power to do so), reduce all or any dues receivable by them in respect of lighthouses, buoys, and beacons.]

Textual Amendments

F29 S. 657 repealed (E.W.)(S.) by Harbours Act 1964 (c. 40), Sch. 6

Expenses of General Lighthouse Authorities U.K.

[F30 658 Expenses of general lighthouse authorities to be paid out of General Lighthouse Fund. U.K.

Any expenses incurred by the general lighthouse authorities in connection with the discharge of their functions under this Part of this Act shall be paid out of the General Lighthouse Fund.]

Textual Amendments

F30 S. 658 substituted by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 48, Sch. 5 (with s. 58(4), Sch. 8 para. 1)

659 Establishments of general lighthouse authorities. U.K.

(1) [F31 The Secretary of State may determine]the establishments to be maintained by each of the general lighthouse authorities on account of the services of lighthouses, buoys, and beacons, or the annual or other sums to be paid out of [F32 the General Lighthouse Fund] in respect of those establishments.

(2) If it appears that any part of the establishments of the general lighthouse authorities is maintained for other purposes as well as for the purposes of their duties as general lighthouse authorities, [F31 the Secretary of State may determine] the portion of the expense of those establishments to be paid out of [F32 the General Lighthouse Fund].

(3) An increase of any establishment or part of an establishment [F33 determined]under this section shall not be made without the consent of the Board of Trade.

Textual Amendments

F31 Words substituted by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 48, Sch. 5 (with s. 58(4), Sch. 8 para. 1)

F32 Words substituted by virtue of Merchant Shipping (Mercantile Marine Fund) Act 1898 (c. 44), s. 1(1)(c)

F33 Word substituted by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 48, Sch. 5 (with s. 58(4), Sch. 8 para. 1)

Modifications etc. (not altering text)

C7 S. 659 extended by Merchant Shipping (Amendment) Act 1920 (c. 2), s. 1

C8 S. 659 amended by Merchant Shipping (Amendment) Act 1920 (c. 2, SIF 111), s. 1

660 Estimates or accounts of expenses sent to Board of Trade. U.K.

(1) An expense of a general lighthouse authority in respect of the services of lighthouses, buoys, and beacons shall not be paid out of [F34 the General Lighthouse Fund] or allowed in account, unless either it has been allowed as part of the establishment expenses under this Act, or an estimate or account thereof has been approved by the Board of Trade.

(2) For the purpose of approval by the Board of Trade, each of the general lighthouse authorities shall submit to that Board an estimate of all expenses to be incurred by them in respect of lighthouses, buoys, or beacons, other than expenses allowed under this Act on account of their establishments, or, in case it is necessary in providing for any sudden emergency to incur any such expense without waiting for the sanction of an estimate, shall as soon as possible submit to the Board of Trade a full account of the expense incurred.

(3) The Board of Trade shall consider any estimates and accounts so submitted to them, and may approve them either with or without modification.

Textual Amendments

F34 Words substituted by virtue of Merchant Shipping (Mercantile Marine Fund) Act 1898 (c. 44), s. 1(1)(c)

661 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35 U.K.

Textual Amendments

F35 S. 661 repealed with saving by National Loans Act 1968 (c. 13), Sch. 6 Pt. I

[F36 662 Borrowing powers of general lighthouse authorities. U.K.

(1) A general lighthouse authority may, with the consent of the Secretary of State and the Treasury, borrow money for the purpose of defraying any expenses incurred or to be incurred by the authority in connection with the discharge of their functions under this Act.

(2) A general lighthouse authority may, in connection with any advance to them under this section, mortgage any land or other property belonging to them.

(3) Any sums payable by a general lighthouse authority under the terms of an advance under this section by way of principal, interest or otherwise shall be paid out of the General Lighthouse Fund.]

Textual Amendments

F36 Ss. 662, 662A, 662B substituted by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 42(1), (with s. 58(4), Sch. 8 para. 1)

[F37 662A Limit on borrowing under s. 662. U.K.

(1) The aggregate amount outstanding in respect of the principal of any sums borrowed under section 662 of this Act shall not at any time exceed £100 million.

(2) The Secretary of State may, by order made by statutory instrument with the approval of the Treasury, increase or further increase that limit, but not by more than £33 million at a time.

(3) An order shall not be made under subsection (2) of this section unless a draft of the order has been laid before and approved by a resolution of the House of Commons.]

Textual Amendments

F37 Ss. 662, 662A, 662B substituted by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 42(1), (with s. 58(4), Sch. 8 para. 1)

[F38 662B Guarantees by Secretary of State. U.K.

(1) The Secretary of State with the consent of the Treasury may guarantee, in such manner and on such conditions as he thinks fit, the repayment of the principal of, the payment of interest on, and the discharge of any other financial obligation in connection with, any sums borrowed by a general lighthouse authority under section 662 of this Act.

(2) Immediately after a guarantee is given under this section, the Secretary of State shall lay a statement of the guarantee before each House of Parliament, and where any sum is issued for fulfilling a guarantee so given the Secretary of State shall, as soon as possible after the end of each financial year beginning with that in which the sum is issued and ending with that in which all liability in respect of the principal of the sum and in respect of interest thereon is finally discharged, lay before each House of Parliament a statement relating to that sum.

(3) Any sums required by the Secretary of State for fulfilling any guarantee under this section shall be paid out of money provided by Parliament.

(4) If any sums are issued in fulfilment of any guarantee given under this section there shall be made to the Secretary of State out of the General Lighthouse Fund, at such times and in such manner as the Secretary of State may determine with the consent of the Treasury, payments of such amounts as the Secretary of State may so determine in or towards repayment of the sums so issued, and payments of interest on what is outstanding for the time being in respect of sums so issued at such rate as the Secretary of State may so determine.

(5) The Secretary of State, with the consent of the Treasury, may vary or revoke any determination made by him under subsection (4) of this section.

(6) Any sums received by the Secretary of State under that subsection shall be paid into the Consolidated Fund.]

Textual Amendments

F38 Ss. 662, 662A, 662B substituted by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 42(1), (with s. 58(4), Sch. 8 para. 1)

663 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39 U.K.

Textual Amendments

F39 S. 663 repealed by Merchant Shipping Act 1988 (c. 12, SIF 111), ss. 42(2), 57(5), Sch. 7 (with s. 58(4), Sch. 8 para. 1)

664 Accounts of general lighthouse authorities. U.K.

Each of the general lighthouse authorities shall account to the Board of Trade for [F40 the light dues and other sums received by or accruing to them by virtue of, or in connection with, the discharge of their functions under this Part of this Act or Part IX of this Act] and for their expenditure in respect of expenses paid out of [F41 the General Lighthouse Fund] in such form and at such times, and with such details, explanations, and vouchers, as the Board of Trade require, and shall, when required by that Board, permit all [F40 accounting records] kept by or under their respective direction to be inspected and examined by such persons as that Board appoint for that purpose.

Textual Amendments

F40 Words in s. 664 substituted (1.5.1994) by 1993 c. 22, s. 8(3), Sch. 4 para.49; S.I. 1993/3137, art. 3(2)

F41 Words substituted by virtue of Merchant Shipping (Mercantile Marine Fund) Act 1898 (c. 44), s. 1(1)(c)

665 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42 U.K.

Textual Amendments

F42 S. 665 repealed by Superannuation Act 1972 (c. 11), s. 29(4), Sch. 8

Offences in connexion with Lighthouses, &c. U.K.

666 Injury to lighthouses, &c. U.K.

[F43 (1) A person who, without lawful authority—

(a) intentionally or recklessly damages—

(i) any lighthouse or the lights exhibited in it, or

(ii) any lightship, buoy or beacon;

(b) removes, casts adrift or sinks any lightship, buoy or beacon; or

(c) conceals or obscures any lighthouse, buoy or beacon;

commits an offence.

(1A) A person who, without reasonable excuse,—

(a) rides by,

(b) makes fast to, or

(c) runs foul of,

any lightship, buoy or beacon commits an offence.]

(2) If any person acts in contravention of this section, he shall, in addition to the expenses of making good any damage so occasioned, be liable for each offence to a fine not exceeding [F44 [F45 £500]][F44 level 4 on the standard scale].

Textual Amendments

F43 S. 666(1)(1A) substituted (1.5.1994) for s. 661(1) by 1993 c. 22, s. 8(3), Sch. 4 para.50; S.I. 1993/3137, art. 3(2)

F44 Words “level 4 on the standard scale” substituted (E.W.S.) for “£500” by virtue of (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

F45 Word substituted by virtue of Merchant Shipping Act 1979 (c. 39), s. 43(1), Sch. 6 Pt. III

667 Prevention of false lights. U.K.

(1) Whenever any F46 . . . light is F46 . . . exhibited at such place or in such manner as to be liable to be mistaken for a light proceeding from a lighthouse, the general lighthouse authority within whose area the place is situate, may serve a notice upon the owner of the place where the F46 . . . light is F46 . . . exhibited, or on the person having the charge of the F46 . . . light, directing that owner or person, within a reasonable time to be specified in the notice, to take effectual means for extinguishing or effectually screening the F46 . . . light, and for preventing for the future any similar F46 . . . light.

(2) The notice may be served either personally or by delivery of the same at the place of abode of the person to be served, or by affixing the same in some conspicuous spot near to the F46 . . . light to which the notice relates.

(3) If any owner or person on whom a notice is served under this section fails, without reasonable cause, to comply with the directions contained in the notice, he shall be guilty of [F47 an offence and liable to a fine not exceeding [F48 one thousand pounds][F48 level 5 on the standard scale]].

(4) If any owner or person on whom a notice under this section is served neglects for a period of seven days to extinguish or effectually screen the F46 . . . light mentioned in the notice, the general lighthouse authority may, by their servants or workmen, enter upon the place where the F46 . . . light is, and forthwith extinguish the same, doing no unnecessary damage; and [F49 , except in Scotland,]may recover the expenses incurred by them in so doing from the owner or person on whom the notice has been served in the same manner as fines may be recovered under this Act.

[F49 (4A) In Scotland any such expenses as are mentioned in subsection (4) above shall, for the purposes of their recovery, be regarded as a debt due by the owner or person on whom the notice has been served to the general lighthouse authority.]

Textual Amendments

F46 Words in s. 667 repealed (1.5.1994) by 1993 c. 22, s. 8(3)(4), Sch. 4 para. 51(a), Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2)

F47 Words substituted by Merchant Shipping Act 1979 (c. 39), Sch. 6 Pt. VI para. 10

F48 Words “level 5 on the standard scale” substituted (E.W.S.) for “one thousand pounds” by virtue of (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

F49 Words in s. 667(4) inserted (1.5.1994) by 1993 c. 22, s. 8(3), Sch. 4 para. 51(b); S.I. 1993/3137, art. 3(2)

S. 667(4A) added (1.5.1994) by 1993 c. 22, s. 8(3), Sch. 4 para. 51(c); S.I. 1993/3137, art. 3(2)

Commissioners of Northern Lighthouses U.K.

668 Incorporation of Commissioners of Northern Lights. U.K.

(1) The persons holding the following offices shall be a body corporate under the name of the Commissioners of Northern Lighthouses; (that is to say,)

(a) The Lord Advocate and the Solicitor-General for Scotland;

(b) The lords provosts of Edinburgh, Glasgow, and Aberdeen, and the [F50 chairmen of the Inverness and Argyll district councils];

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F51

[F52 (d) The sheriffs principal of all the sheriffdoms in Scotland]

[F53 (dd) a person nominated by the Lieutenant-Governor of the Isle of Man and appointed by the Secretary of State]

(e) Any person elected under this section.

(2) The Commissioners shall have a common seal; and any five of them shall constitute a quorum, and shall have power to do all such matters and things as might be done by the whole body.

(3) The Commissioners may elect the [F50 chairman of any district council which include in their area] any part of the coasts of Scotland . . . F54 to be a member of their body.

[F55 (4) The Commissioners may elect, as members of their body, not more than [F56 five other persons; but a person shall not be elected in pursuance of this subsection after section 33(2) of the M1 Merchant Shipping Act 1979 comes into force unless either he appears to the Commissioners to have special knowledge and experience of nautical matters or three persons who so appear are members of the said body.]

(5) A person appointed by the Secretary of State under subsection (1)(dd) above, or a person appointed by the Commissioners under subsection (4) above, shall hold office for three years, but shall be eligible for re-appointment.]

Textual Amendments

F50 Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 27 Pt. II para. 25

F51 S. 668(1)(c) repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F52 S. 668(1)(d) substituted by S.I. 1974/2087, Sch. II

F53 S. 668(1)(dd) inserted by Merchant Shipping Act 1974 (c. 43), s. 18(1)(2)

F54 Words repealed by S.I. 1974/2087, Sch. III

F55 S. 668(4)(5) added by Merchant Shipping Act 1974 (c. 43), s. 18(1)(3)

F56 Words substituted by Merchant Shipping Act 1979 (c. 39), s. 33(2)

Marginal Citations

M1 1979 c. 39.

Provision as to Channel Islands U.K.

669 Restriction on exercise of powers in Channel Islands. U.K.

(1) The powers of the Trinity House under this Part of this Act with respect to lighthouses, buoys, or beacons already erected or placed, or hereafter to be erected or placed, in the islands of Guernsey or Jersey (other than their powers with respect to the surrender or purchase of local lighthouses, buoys, and beacons, and the prevention of false lights) shall not be exercised without the consent of Her Majesty in Council.

(2) Dues for any lighthouse, buoy, or beacon erected or placed in or near the islands of Guernsey, Jersey, Sark, or Alderney shall not be taken in the islands of Guernsey or Jersey without the consent of the States of those Islands respectively.

670–672 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F57 U.K.

Textual Amendments

F57 S. 670–672 repealed by Merchant Shipping Act 1979 (c. 39), Sch. 7 Pt. II

673 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F58 U.K.

Textual Amendments

F58 S. 673 repealed by Merchant Shipping (Mercantile Marine Fund) Act 1898 (c. 44), Sch. 4

674 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F59 U.K.

Textual Amendments

F59 S. 674 repealed with saving by National Loans Act 1968 (c. 13), Sch. 6 Pt. I

675 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F60 U.K.

Textual Amendments

F60 S. 675 repealed by Merchant Shipping Act 1979 (c. 39), Sch. 7 Pt. II