{
  "url": "https://openlegislation.uk/wells-harbour-revision-order-1994/article-18",
  "json_url": "https://openlegislation.uk/wells-harbour-revision-order-1994/article-18.json",
  "legislation": "uksi/1994/1440",
  "legislation_title": "The Wells Harbour Revision Order 1994",
  "legislation_url": "https://openlegislation.uk/wells-harbour-revision-order-1994",
  "path": "article/18",
  "kind": "article",
  "number": "18",
  "heading": "Moorings etc.",
  "text": "(1) No person other than the Commissioners may place, lay down, alter, renew or extend, or maintain, moorings, buoys or similar apparatus within the harbour unless he is licensed to do so by a licence granted under this article and except in accordance with the terms and conditions upon which such licence is granted:\nProvided that this paragraph shall not apply to any mooring, buoy or similar apparatus placed or laid down before the coming into force of this Order except as provided in paragraph (5) below.\n(2) The Commissioners may from time to time grant a licence to any person to place, lay down, alter, renew or extend, or maintain, moorings, buoys or similar apparatus for vessels in the harbour:\nProvided that —\n(a) such a licence shall not entitle a person to place, lay down, alter, renew or extend, or maintain, moorings, buoys or similar apparatus on land in respect of which he does not hold such rights as are necessary to enable him to enjoy the benefit of the licence;\n(b) the Commissioners shall not unreasonably refuse to grant a licence to an owner or lessee of land to place, lay down, alter, renew or extend, or maintain, moorings, buoys or similar apparatus exclusively for his personal use on that land and any question whether in such a case the grant of a licence has been unreasonably refused shall be determined by the Minister.\n(3) Any licence granted under this article shall be valid only for such a period not exceeding three years as may be specified in the licence.\n(4) The Commissioners may make a reasonable charge for granting a licence under this article.\n(5) In the case of any mooring, buoy or similar apparatus which before the coming into force of this Order has been placed or laid down within the harbour without the written permission of the Commissioners, the Commissioners may, by notice to the person using such mooring, buoy or similar apparatus, require the same to be removed unless, on an application under this article, the Commissioners grant a licence authorising the maintenance of the mooring, buoy or similar apparatus in question.\n(6) Any person who without reasonable excuse —\n(a) contravenes paragraph (1) above; or\n(b) fails to comply with a notice under paragraph (5) above within the time stated in that notice or, as appropriate, within the time stated in a notice informing him of the refusal of his application for a licence,\nshall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.\n(7) The Commissioners may remove any mooring, buoy or similar apparatus which has been placed, laid down, altered, renewed or extended, or which is being maintained, in contravention of this article and may recover the expenses of so doing from the person responsible for such contravention.\n(8) Paragraph 23 of the telecommunications code (which provides a procedure for certain cases where works involve the alteration of telecommunication apparatus) shall, in relation to works authorised by a licence under this article, be incorporated with this Order and, as so incorporated, shall have effect as if the person authorised to execute the works in question was a relevant undertaker, and the works in question were undertaker’s works, within the meaning of the said paragraph 23.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "words substituted",
      "affecting": "uksi/2017/1011",
      "affecting_title": "The Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Secondary Legislation) Regulations 2017"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2017/1011",
      "affecting_title": "The Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Secondary Legislation) Regulations 2017"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1994/1440/article/18",
    "retrieved_at": "2026-10-29T13:32:24.519793+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}