Explanatory note

(This note is not part of the Order)

This Order, made on the application of the Poole Harbour Commissioners modernises and consolidates the statutory harbour powers which apply in relation to Poole Harbour (‘the harbour’) and provides for—

(1)

The continued incorporation of the Commissioners (article 4) and related constitutional provisions (articles 5 to 12 and Schedules 1 and 2).

(2)

Powers of general direction to the Commissioners for the regulation and management of the harbour (articles 13 to 16). This Order creates an offence of failing to comply with general directions, the penalty for which is a fine on summary conviction not exceeding level 4 on the standard scale (article 16). A defence of due diligence is available to a person charged under article 16(1).

(3)

The clarification of the responsibility of masters in relation to general directions (article 17), the power for a duly authorised officer of the Commissioners to enter and inspect a vessel or vehicle for the purposes of any enactment relating to the harbour, including enforcement (article 18), and savings for existing directions and byelaws etc. (article 19).

(4)

Clarification of the extent of harbour premises, including a requirement for the Commissioners to publish and maintain an illustrative plan of the harbour premises (article 20).

(5)

The establishment of one or more advisory bodies consisting of harbour stakeholders with whom the Commissioners are required to consult on material matters (article 21).

(6)

Powers relating other commercial activities (article 22), the delegation of functions (article 23), bunkering (article 24), aids to navigation (article 25), dredging (article 26), and the repair of landing places (article 27).

(7)

Powers relating to the control and licensing of works and dredging (articles 28 to 32).

(8)

Provisions relating tidal works (article 33), the power of the Commissioners to prosecute or defend legal proceedings (article 34), and notices (article 35).

(9)

Savings for Trinity House (article 36) and Crown Rights (article 37).

(10)

The Order revokes and repeals (as appropriate) the Acts and Orders set out in article 41 and Schedule 3 to the Order and amends the 1999 Order, the 2012 Order and the 2015 Order as set out in articles 38 to 40.

An impact assessment has not been prepared for this Order as there is no, or no significant, impact predicted on businesses, charities, voluntary bodies or the public sector.

An Explanatory Memorandum together with a copy of the harbour premises map is available alongside the instrument on the UK legislation website at www.legislation.gov.uk.