OpenLegislation

Article 22 Power to grant permits in respect of certain pleasure craft

Original text. Later amendments are not shown.

(1)

The Authority may grant upon such terms and conditions as they think fit permits to the persons in charge of or navigating pleasure craft used for carrying paying passengers within the harbour, and may charge for such permit a reasonable fee in respect of the administrative expenses of processing the application for the permit.

(2)

Any such permit may be granted for such period as the Authority may think fit, and may be suspended or revoked by the Authority; but the existence of the power to suspend or revoke the permit shall be specifically mentioned in the permit itself.

(3)

In deciding whether to grant, suspend or revoke any permit pursuant to paragraphs (1) and (2), the Authority shall only have regard to the interests of safe navigation within the harbour.

(4)

Except with the written permission of the Authority no person shall carry, or permit to be carried, paying passengers in a pleasure craft unless—

(a)

the person in charge of it and any other person navigating it have been granted a permit under this article;

(b)

the conditions of the permit are complied with; and

(c)

the permit is not suspended.

(5)

Any person who contravenes or otherwise fails to comply with paragraph (4) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(6)

Any person aggrieved by the withholding, suspension, or revocation of any permit under this article may within 21 days from the date on which the Authority notify the applicant of their decision appeal to a magistrates' court acting for the area in which the harbour is situated.

(7)

An appeal under paragraph (6) shall be made by notice in writing stating the grounds of the appeal.

(8)

The appellant shall send to the Authority a copy of the notice of his appeal.

(9)

On an appeal under paragraph (6), the court may make such order as it thinks fit, such order to be limited to the subject matter of the appeal.

(10)

In this article, “pleasure craft” means any vessel which has a passenger certificate issued by the Secretary of State pursuant to regulations under section 85 and 86 of the Merchant Shipping Act 1995f1 or which is licensed by the Borough Council under section 94 of the Public Health Acts Amendment Act 1907f2.

Annotations

Footnotes

f1

1995 c. 21.

f2

1907 c. 53.