Explanatory note

The jurisdiction (article 4) and general functions (article 5) of the Council as the statutory harbour authority for the harbours and provides clarity on the limits of the harbours (article 6) including plans of the harbour limits and the harbour premises which can be inspected during office hours at the relevant harbour office located at Harbour Masters Office, The Cobb, Lyme Regis DT7 3JJ and Harbour Masters Office, Esplanade, West Bay, Bridport DT6 4HE and available via the relevant harbour website at www.lymeregisharbour.co.uk and www.bridportharbour.co.uk.

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 (articles 10 to 20) including exemptions from ship, passenger and goods dues (article 18) and prevention of sailing of vessels by the harbour master (article 20).

Powers of general direction and special direction to the Council and the harbour master (defined in article 2) for the regulation and management of the harbour (articles 21 to 27). A register of all in force general directions may be inspected during office hours at the relevant harbour office and on the relevant harbour website (article 21). This Order creates an offence of failing to comply with special directions 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)).

Modern byelaw powers (articles 28 and 29), including savings for existing directions, byelaws etc. (article 30).

The establishment of one or more advisory bodies consisting of harbour stakeholders with which the Council are required to consult on material matters (article 31).

Powers relating to development of land (article 32), power to grant tenancies and dispose of land (article 33), power to appropriate lands and works for particular uses, etc. (article 34), other commercial activities (article 35), and power to delegate functions (article 36).

Powers relating to moorings (articles 37 to 39), bunkering (article 40), aids to navigation (article 41), power to dredge (article 42), and repairing of landing places (article 43).

Powers relating to disposal of wrecks (article 44), unserviceable vessels (article 45), removal of obstructions other than vessels (article 46), and boarding of vessels or vehicles (article 47).

Provisions relating to tidal works (article 48), power of the Council to prosecute or defend legal proceedings (article 49), and notices (article 50).

Savings for Trinity House (article 51) and Crown Rights (article 52).

To facilitate that above, the Order repeals and revokes the Acts and Orders (article 55) set out in Schedule 3.

The Order also modernises the power of general direction granted in respect of Weymouth Harbour in the Weymouth Harbour Revision Order 2021 and makes other minor amendments to that Order (article 54 and Schedule 2). It also provides for a restriction of section 33 of the Harbours, Docks and Piers Clauses Act 1847 (‘the Open Port Duty’), in its application to Weymouth harbour so that the duty only applies to vessels up to 24 metres in length (article 53(1)). It also provides that the Open Port Duty does not apply to the area shaded red on the peninsula plan (article 53(2)).