http://www.legislation.gov.uk/uksi/2021/43/article/38The Weymouth Harbour Revision Order 2021enHARBOURS, DOCKS, PIERS AND FERRIESStatute Law Database2026-05-05Expert Participation2026-02-20 This Order, made on the application of Weymouth and Portland Borough Council (now Dorset Council) modernises and consolidates the statutory harbour powers applying in relation to Weymouth Harbour and provides for:The Jurisdiction (article 4) and General functions (article 5) of the Council as the statutory harbour authority for Weymouth Harbour and clarity on the limits of the harbour (article 6) including plans of the harbour limits and the harbour premises which can be inspected during working hours at the office of the Marine Management Organisation, Lancaster House, Hampshire Court, Newcastle upon Tyne, NE4 7YH and the principal office of the Dorset Council County Hall, Colliton Park, Dorchester, Dorset, DT1 1XJ.Powers to vest in the Council relating to finances including application (article 7), reserve fund (article 8) and borrowing powers (article 9).A modern suite of charging powers (article 10 – 19) including exemptions from harbour dues (article 17) and prevention of sailing of vessels (article 19).Powers of general and special direction on the Council and the harbour master (defined in article 2) for the regulation and management of the harbour (articles 20 to 27). A register of all in force general directions which may be inspected during working hours at the harbour office of the Council (article 23). This Order creates an offence of failing to comply with special or general directions, the penalty for which is a fine on summary conviction not exceeding level 4 on the standard scale (article 25). A defence of due diligence is available to a person charged under article 25 (article 25(2)).The establishment of an advisory body consisting of harbour stakeholders with which the Council are required to consult on material matters (article 28).Powers relating to development of land (article 29), power to grant tenancies and dispose of land (article 30), power to appropriate lands and works for particular uses, etc. (article 31), other commercial activities (article 32), power to delegate functions (article 33).Powers relating to moorings (article 34), bunkering (article 35), aids to navigation (article 36), power to dredge (article 37), repairing of landing places (article 38).Powers relating to disposal of wrecks (article 39), unserviceable vessels (article 40), removal of obstructions other than vessels (article 41) and notices (article 43).Savings for Trinity House (article 42), the Crown (article 44) and existing byelaws etc. (article 45).To facilitate that above, the Order repeals and revokes the Acts and Orders set out in Schedule 2 to the Order and amends the Acts of 1854, 1879, 1887, 1914 and Orders of 1930 and 1988 as set out in article 46. PART 6 38 1 In this article, “relevant feature” means any landing place, jetty, wall, embankment, bridge, structure or other work in the harbour or on land immediately adjoining the waters of the harbour other than a relevant feature under the control or management of the Council. 2 The Council may by notice require the owner or occupier of a relevant feature which in the opinion of the Council is, or is likely to become, by reason of its insecure condition or want of repair— a dangerous to persons or vessels using the harbour; or b a hindrance to the navigation of the harbour, to remedy its condition to the Council’s reasonable satisfaction within a reasonable time (not being less than 21 days) specified in the notice. 3 If a person to whom notice is given under this article fails without reasonable excuse to comply with the notice within the time stated in the notice or such other time as the Secretary of State on an appeal may substitute therefor— a that person shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale; and b the Council may carry out the work required by the notice and may recover the expenses of so doing from the person on whom the notice was served. 4 A notice under this article shall have annexed to it a copy of this article. 5 A person aggrieved by a notice served by the Council under this article may, during the period of 21 days beginning with the date on which the notice was served, appeal to the Secretary of State against the notice. 6 An appeal under paragraph (5) above shall be made by notice in writing stating the grounds of the appeal. 7 A person who appeals under paragraph (5) above shall give to the Council notice of the appeal accompanied by a copy of the statement of appeal; and the Council shall, within 21 days of receipt of the notice, be entitled to furnish to the Secretary of State its observations on the appeal. 8 On an appeal under paragraph (5) above, the Secretary of State shall either quash the notice, modify its requirements or dismiss the appeal. Art. 38 in force at 17.2.2021, see art. 1