Article 34 Special directionsI1

England and Wales

(1)

The harbour master may give a special direction in respect of a vessel anywhere in the harbours for any of the following purposes—

(a)

requiring a person to comply with a requirement made in or under a general direction;

(b)

regulating or requiring the movement, anchorage, berthing, mooring or unmooring of the vessel;

(c)

regulating the loading, discharging, storing and safeguarding of its cargo, fuel, water or stores, and the dispatch of its business at the harbour premises;

(d)

specifying the precautions to be taken in respect of apparatus, machinery and equipment;

(e)

prohibiting, extinguishing, or restricting the use of fires or lights;

(f)

regulating the use of ballast;

(g)

requiring the removal from any part of the harbours if the vessel—

(i)

is on fire,

(ii)

is in such condition as to be liable to become immobilised or waterlogged, to sink or to constitute a danger to life or property,

(iii)

is making an unlawful use of the harbours or interfering with the reasonable use or enjoyment of the harbours by other vessels or persons or the dispatch of business in the harbours,

(iv)

needs to be removed to enable maintenance or repair work to be carried out to the harbours,

(h)

requiring the vessel to be removed to a place outside the harbours if such removal is considered by the harbour master to be necessary in order to avoid danger to life (including wildlife) or to property.

(2)

A special direction relating to a vessel must specify a particular person or persons to whom the direction is addressed, either by name or by a description sufficient to enable the person or persons in question to be identified.

(3)

A special direction may be given in any manner considered by the harbour master to be appropriate.

(4)

The harbour master may revoke or amend a special direction.

Annotations

Commencement

I1: Art. 34 in force at 14.7.2023, see art. 1(1)