Article 27 Powers to make byelaws, etc.I1

England, Wales and Scotland

(1)

The Commissioners may from time to time make byelaws for the management and regulation of the harbour and the harbour undertaking.

(2)

Without prejudice to the generality of paragraph (1) byelaws may be made under this article for all or any of the purposes set out in Schedule 2.

(3)

Byelaws made under this article may—

(a)

provide that breach of a byelaw is an offence for which a person is liable on summary conviction to a fine not exceeding level 4 on the standard scale and, in the case of a continuing offence, a further fine not exceeding £50 for each day or part of a day on which the offence is continued after conviction for it;

(b)

relate to the whole or any part of the harbour;

(c)

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

(d)

make different provisions for different circumstances.

(4)

Any byelaw made under this article may require the payment, on application for any consent, licence or other authorisation required by the byelaw, of such reasonable fees as the Commissioners may determine.

(5)

Where a person is charged with the offence of breaching a byelaw, it shall be a defence for the person to prove—

(a)

that the person charged took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence;

(b)

that the person charged had a reasonable excuse for the act or failure to act; or

(c)

that the offence was not caused or facilitated by any act or neglect on the part of the person charged or on the part of any other person engaged or employed by the person charged and that all reasonable steps were taken to prevent the commission of the offence.

Annotations

Commencement

I1: Art. 27 in force at 23.7.2012, see art. 1(2)