OpenLegislation

Article 24 ByelawsI1

England and Wales

(1)

The Company may from time to time make byelaws for the management and regulation of the harbour and, without prejudice to the generality of the foregoing, for all or any of the following purposes—

(a)

for regulating the use, operation and superintendence of the harbour and the berths, pontoons, stagings, quays, jetties, piers, walkways, bridges, approaches, slipways, landing places, berthing heads, boat lifts, mooring posts, buildings, parking places and other works and facilities (including moorings) in the harbour;

(b)

for regulating the shipping and unshipping, landing, warehousing, stowing, depositing and removing of goods within the harbour;

(c)

for preventing damage or injury to any vessel, goods, vehicle, plant, machinery, property or persons within the harbour;

(d)

for regulating the conduct of all persons in the harbour, not being members of a police force or officers or servants of the Crown or members of a fire and rescue authority acting in pursuance of the Fire and Rescue Services Act 2004f1 whilst in the exercise of their duties as such;

(e)

for regulating the placing, laying down, maintenance and use of moorings and for prescribing the patterns and specifications of moorings in the harbour;

(f)

for preventing or removing obstructions or impediments within the harbour;

(g)

for regulating the launching of vessels with the harbour;

(h)

for regulating or prohibiting the mooring, berthing, careening, beaching, maintenance and repair or anchoring and presence and keeping of vessels in the harbour;

(i)

for regulating or preventing the use in the harbour or on board a vessel in the harbour of fires, lights or other equipment, tools or appliances which the Company considers involves a risk of fire and for the prevention of smoking;

(j)

for prohibiting or regulating the removal or disposal of rubbish (including ballast, earth or clay or other refuse or polluting liquid) and sewage from vessels in the harbour;

(k)

for prohibiting the use or regulating the movement, speed and parking of vehicles in the harbour;

(l)

for requiring the use of effectual silencers and the general control of noise on vessels in the harbour;

(m)

for regulating vessels in the harbour and their entry into and departure from the harbour and, without prejudice to the generality of the foregoing, for prescribing rules for regulating the speed and manner of navigation and the lights and signals to be exhibited or made by, or for the benefit of, vessels using, navigating or mooring within the harbour;

(n)

for regulating the embarkation of persons into, or their disembarkation from, vessels in the harbour;

(o)

for regulating the fuelling of vessels in the harbour;

(p)

for regulating the holding of regattas and other public events in the harbour;

(q)

for prescribing the lights and signals to be exhibited or made—

(i)

by vessels aground in the harbour;

(ii)

by vessels or devices used for marking obstructions in the harbour; or

(iii)

for assisting the navigation of vessels in the harbour, at the entrance to a dock or at a wharf, pier or other work;

(r)

for the prevention of nuisances in the harbour;

(s)

for preventing or regulating the discharge by land or sea of any material or thing in the harbour or the approaches to it;

(t)

for regulating or preventing fishing for marine creatures of any type and by whatever means from any pier, jetty, wharf, or other installation or structure of any kind in the harbour, or from vessels in the harbour;

(u)

for regulating or preventing aquaplaning, parascending, water skiing or other recreational activities involving towing, surfing, or diving or other underwater activities in the harbour;

(v)

for regulating or preventing bathing, and for securing the protection of bathers, in the harbour;

(w)

for requiring the reporting of accidents and of other incidents giving rise to the risk of death or injury, or damage to property, occurring in the harbour;

(x)

for regulating or prohibiting the carrying on of trading or commercial activities in the harbour;

(y)

for making the carrying out of specified harbour operations, or the conduct of persons in the harbour, subject to the approval (with or without conditions), control or direction of the harbour master;

(z)

for regulating the use in the harbour of yachts, sailing boats, rowing boats, pleasure craft, windsurfing boards, personal watercraft and other small vessels;

(aa)

for prohibiting or restricting the bringing of animals onto harbour premises and for regulating the control of animals in the harbour;

(bb)

for the conservation of flora and fauna in the harbour;

(cc)

in relation to vessels other than pleasure vessels to impose requirements as to the standards of competence and experience required by persons navigating or working with the vessels, and requirements as to the number, competence and experience of their crew, and the standard of seaworthiness of the vessels;

(dd)

for regulating the equipment of vessels and requiring vessels to carry specified equipment in the interests of safety;

(ee)

for regulating or preventing the use by vehicles of the foreshore within the harbour;

(ff)

for regulating the use of or requiring the registration of ferries, water taxis and passenger boats in the harbour and the conduct of boatmen, ferrymen and others plying for hire or engaged in navigating in the harbour and of persons resorting to any works constructed or operated by the Company; and

(gg)

for regulating the exercise of the powers vested in the harbour master.

(2)

In this article “signals” includes sound signals.

(3)

Byelaws made under this article, under section 83 of the Act of 1847 and under or by virtue of the Act of 1807 or the Act of 1844, may─

(a)

provide for imposing upon persons offending against them, or against any condition, requirement or direction imposed, made or given under such byelaws, fines not exceeding level 3 on the standard scale;

(b)

relate to the whole of the harbour or to any part of it;

(c)

make different provisions for different parts of the harbour or in relation to different classes of vessels or vehicles; or

(d)

make different provision for different circumstances.

(4)

Byelaws under this article may authorise the imposition of reasonable charges by the Company for assessing standards of competence and experience and for issuing any relevant certificates and endorsements required by such byelaws.

(5)

In proceedings for an offence against byelaws made by the Company under this article, or section 83 of the Act of 1847 or under or by virtue of the Act of 1807 or the Act of 1844, it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised due diligence to avoid the commission of the offence.

(6)

The powers of this article are in addition to the powers conferred by section 83 of the Act of 1847 and under or by virtue of the Act of 1807 and the Act of 1844.

(7)

In paragraph (1)(z) “windsurfing board” means a board with a sail or sails designed to be operated by a person or persons standing upright on it.

Annotations

Commencement

I1

Art. 24 in force at 1.8.2017, see art. 1

Footnotes

f1

2004 c. 21.