OpenLegislation

Section 6 Imposition of surcharges: failure to provide declaration in timeI1I2

United Kingdom

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This section applies if—

(a)

a harbour authority requests the operator of a service to which this Act applies to provide the authority with an equivalence declaration in respect of the service for a relevant year, and

(b)

the operator does not provide an equivalence declaration in the prescribed form and manner before the end of the prescribed period.

(2)

If the prescribed period expires before the beginning of the relevant year, the harbour authority must impose a charge on the operator of the service in respect of each occasion when a ship providing the service enters its harbour between—

(a)

the beginning of the relevant year, and

(b)

whichever is the earlier of—

(i)

the end of the relevant year, and

(ii)

the time when the operator provides the authority with an equivalence declaration in respect of the service for the relevant year in the prescribed form and manner.

(3)

If the prescribed period expires during the relevant year, the harbour authority must—

(a)

impose a charge on the operator of the service in respect of each occasion when a ship providing the service entered its harbour between—

(i)

the beginning of the relevant year, and

(ii)

the end of the prescribed period, and

(b)

impose a charge on the operator of the service in respect of each occasion when a ship providing the service enters its harbour between the expiry of the prescribed period and whichever is the earlier of—

(i)

the end of the relevant year, and

(ii)

the time when the operator provides the authority with an equivalence declaration in respect of the service for the relevant year in the prescribed form and manner.

(4)

If the prescribed period expires after the end of the relevant year, the harbour authority must impose a charge on the operator of the service in respect of each occasion when a ship providing the service entered its harbour during the relevant year.

(5)

But charges imposed by a harbour authority under subsection (3)(a) or (4) must be refunded if—

(a)

at any time after the end of the prescribed period the operator provides the authority with an equivalence declaration in respect of the service for the relevant year in the prescribed form and manner, and

(b)

the declaration is within section 4(4) or (5).

(6)

For the purposes of this section, in relation to an equivalence declaration which an operator of a service is required to provide—

  • “prescribed period” means the period within which the operator is required to provide the declaration in accordance with regulations under section 3(5)(a);

  • “prescribed form and manner” means the form and manner in which the operator is required to provide the declaration in accordance with regulations under section 3(5)(b) and (c).

Annotations

Commencement

I1

S. 6 not in force at Royal Assent, see s. 20(3)

I2

S. 6 in force at 1.12.2024 by S.I. 2024/1008, reg. 2