Article 5 General functions

(1)

The Council may, subject to the provisions of this Order, take all such steps as it considers necessary or desirable for the maintenance, operation, management and improvement of the harbours and the harbour facilities provided within the harbours or in connection with the harbour undertaking, and for the conservation of the harbours’ flora, fauna and geological and physiographical features of special interest.

(2)

For those purposes and without limiting the scope of paragraph (1), the Council may—

(a)

improve, maintain, regulate, manage, mark and light the harbours and provide harbour facilities;

(b)

subject to holding the necessary rights in or over land—

(i)

execute and place in and over the harbours such structures, works and equipment as are required, and

(ii)

operate, maintain, renew, alter, extend, demolish and reconstruct structures, harbour facilities, works and equipment in the harbours (including those executed or placed pursuant to sub-paragraph (i));

(c)

acquire land;

(d)

do all other things which in its opinion are expedient to facilitate the operation, improvement or development of the harbour undertaking.

(3)

The Council must publish and maintain a business plan (“Harbours Business Plan”)^f1 in relation to the maintenance, conservation, operation, management and improvement of the harbour undertaking, which it must have regard to when performing its harbour functions.

(4)

In the exercise of the powers of sub-paragraph (2)(b), the Council must not, without the consent of the statutory undertaker concerned—

(a)

interfere with, damage or otherwise injuriously affect any apparatus belonging to or maintained by any statutory undertaker;

(b)

do anything which obstructs or impedes any work relating to the inspection or repair of any such apparatus.

(5)

This article is without limitation of the powers of the Council under or by virtue of any other enactment.

Annotations

Footnotes

f1: The Harbours Business Plan may be inspected during office hours at the principal office of the Council (Dorset Council, County Hall, Colliton Park, Dorchester, Dorset DT1 1XJ) and via the relevant harbour website at www.lymeregisharbour.co.uk and www.bridportharbour.co.uk.