OpenLegislation

Article 39 Amendment of the 2012 Order

Original text. Later amendments are not shown.

(1)

The 2012 Order is amended as follows.

(2)

In article 2 (interpretation)—

(a)

in the appropriate places in alphabetical order, insert the following definitions—

  • ““harbour facilities” includes, but is not limited to, shipping, fisheries, marine, energy generation, energy storage, fuel and alternative power, recreational, leisure, tourism and retail facilities (including buildings);”;

  • ““watercraft” means any type of craft which—

    1. (a)

      is capable of moving under its own mechanical power;

    2. (b)

      is used, navigated or situated wholly or partially in or on water; and

    3. (c)

      is capable of being used to carry one or more persons,

    but does not include a ship or fishing vessel within the meanings given in subsection 313(1) of the 1995 Act;;”;

  • ““wet harbour area” means those parts of the harbour which are covered by water at the level of low water.”;

(b)

omit the definition of “personal watercraft”;

(c)

for the definition of “vessel” substitute the definition of “vessel” contained in article 2(1) of this Order;

(d)

for the definition of “the harbour premises” substitute—

  • ““the harbour premises” means land adjacent to the wet harbour area vested in, occupied or administered (for the time being) by the Commissioners as part of the harbour undertaking and occupied wholly or mainly for the purpose of activities there carried on, which may include docks, quays, piers, wharves, berths, locks, breakwaters, landing places, yards, roads, sheds, car parks, other buildings and all other works and conveniences, land and premises;”.

(3)

In article 3 (incorporation of Harbours, Docks, and Piers Clauses Act 1847), in paragraph (1), insert “51,” immediately before “52”.

(4)

After article 29 (charges for services or facilities), insert—

“Charges other than ship, passenger and goods dues

29A.
(1)

The Commissioners may demand, take and recover in respect of any dracone, floating dock, crane, rig, drilling rig, floating platform or any other vessel, not being a shipf1, entering, using, within or leaving the harbour such reasonable charges, including in relation to any goods or passengers carried, as it may determine, and section 30 of the 1964 Act (duty to make available for inspection and keep for sale lists of certain charges) and section 31 of that Act (right of objection) apply, with all necessary modification, to the charges authorised by this article as they apply to ship, passenger and goods dues demanded under section 26 of the 1964 Act.

(2)

The Commissioners must not exercise the power in paragraph (1) in relation to the vehicle and passenger chain ferry operated by The Bournemouth-Swanage Motor Road and Ferry Company between Haven Point, Sandbanks and Shell Bay, Studland.”.

(5)

In article 30 (payment of charges), after paragraph (4), insert—

“(5)

Where charges payable to the Commissioners have not been paid by the time they are due for payment, until such charges have been paid in full the Commissioners may refuse entry to, require removal from, or detain within, the harbour—

(a)

the vessel or goods to which the charges relate; and

(b)

any other vessels or goods that the—

(i)

owner or master of the vessel; or

(ii)

owner of the goods,

to which the charges relate is also the owner or master of.”.

(6)

In article 31 (compounding arrangements and rebates)—

(a)

the existing text becomes paragraph (1);

(b)

after that paragraph, insert—

“(2)

Nothing in section 30 of the 1964 Act (duty to make available for inspection and keep for sale lists of certain charges) requires the Commissioners to include in the list of ship, passenger and goods dues, as required by subsection (1) of that section, ship, passenger and goods dues—

(a)

reduced by a total or partial exemption; or

(b)

subject to a composition agreement or rebate.”.

(7)

In article 45 (application of revenue)—

(a)

the existing text becomes paragraph (1);

(b)

after that paragraph, insert—

“(2)

 The Commissioners may apply any part of the revenues not used for the purposes set out in sub-paragraphs (1)(a) to (c) to any reserve fund established or maintained under article 42 (reserve fund).”.

(8)

In Schedule 2 (purposes for which byelaws may be made)—

(a)

in paragraph 16, for “the Bournemouth and Swanage Motor Road and Ferry Company between Sandbanks and South Haven” substitute “The Bournemouth-Swanage Motor Road and Ferry Company between Haven Point, Sandbanks and Shell Bay, Studland”;

(b)

in paragraph 23, for “personal water craft” substitute “watercraft”;

(c)

after paragraph 36, insert—

“37.

Prohibiting the entry or regulating the entry, carriage, handling or storage of dangerous goods within the meaning given under regulation 3 of the Dangerous Goods in Harbour Areas Regulations 2016f2 (meaning of “dangerous goods”).”.

Annotations

Footnotes

f1

As defined in section 57 (interpretation) of the Harbours Act 1964 (c. 40).

f2

S.I. 2016/721.