Article 5 Byelaws as to harbour

(1)

Subject to the provisions of this Order, the Company may make byelaws for the good rule and government of the harbour and, without prejudice to the generality of the foregoing, the Company may make byelaws applicable within all or any part of the harbour for all or any of the following purposes:—

(a)

for the purposes specified in section 83 of the Harbours, Docks, and Piers Clauses Act 1847;

(b)

for regulating the use of any works and facilities provided by the Company;

(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—

(i)

members of a police force;

(ii)

officers or servants of the Crown;

(iii)

members of a fire brigade acting in pursuance of the Fire Services Act 1947^f1; or

(iv)

officers of the Welsh Water Authority;

whilst in the exercise of their duties as such;

(e)

for regulating the placing, maintenance and use of moorings;

(f)

for preventing and removing obstructions or impediments within the harbour;

(g)

for regulating the launching of vessels within the harbour;

(h)

for regulating or prohibiting the use in the harbour or on board any vessel therein of fires, lights or any other equipment, tools or appliances which the Company considers involves a risk of fire;

(i)

for prohibiting persons from smoking in the harbour;

(j)

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

(k)

for requiring the use of effectual silencers on vessels in the harbour;

(l)

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;

(m)

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

(n)

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

(i)

by vessels aground within the harbour;

(ii)

by vessels used for marking obstructions within the harbour; and

(iii)

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

(o)

for prohibiting or regulating the discharge into the harbour of any material or substance;

(p)

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

(q)

for regulating or prohibiting bathing, and for securing the protection of bathers, within the harbour;

(r)

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

(s)

for imposing upon any person contravening or failing to comply with any byelaw under this article a fine not exceeding £400, recoverable on summary conviction.

(2)

In this article “signals” includes sound signals.

(3)

Byelaws under this article—

(a)

may make different provision in relation to different classes of vessels; and

(b)

may otherwise make different provision for different circumstances.

(4)

Subsections (3) to (8) and (11) of section 236 and section 238 of the Local Government Act 1972^f2 (which relate to the procedure for making, and evidence of, byelaws) shall apply to any byelaws made by the Company under this article as if the Company were a local authority and the secretary of the Company were a proper officer of a local authority; and as if, in subsection (7) of section 236 of that Act, after the words “the confirming authority may confirm” there were inserted the words “with or without modifications” and, at the end of that subsection there were added the following proviso:—

“Provided that where the Secretary of State proposes to make a modification to a byelaw which appears to him to be substantial he shall inform the Company and require it to take any steps which he considers to be necessary for informing persons likely to be concerned with the modification; and he shall not confirm the byelaws until such period has elapsed as he thinks reasonable for the consideration of, and comment upon, the proposed modification by the Company and by any other persons who have, or are likely to have, been informed of it.”.

Annotations

Footnotes

f1: 1947 c. 41.
f2: 1972 c. 70.