The Maryport Harbour Revision Order 2007

• Citation: S.I. 2007/3463
• Sections: 122

Section 1 Citation and commencement

(1) This Order may be cited as the Maryport Harbour Revision Order 2007 and shall come into force on 29th December 2007.

(2) The Maryport Harbour Acts and Order 1866 to 1939 and this Order may be cited together as the Maryport Harbour Acts and Orders 1866 to 2007.

Section 2 Interpretation

In this Order, unless the context otherwise requires—

“the 1847 Act ” means the Harbours, Docks, and Piers Clauses Act 1847 ;

“aids to navigation” includes lights, buoys, beacons and signals including sound and electronic signals and any structure required to house the same;

“appointing body” means any of the persons by whom Members are, or are to be, appointed in accordance with article 5 and includes the selection panel;

“ the Authority ” means the Maryport Harbour Authority as reconstituted and renamed by this Order;

“the Borough Council ” means Allerdale Borough Council;

“charges” means the charges, rates, tolls or dues which the Authority are for the time being authorised to demand, take and recover in relation to the undertaking;

“ the Commissioners ” means the Commissioners for the harbour of Maryport;

“the County Council ” means Cumbria County Council;

“dredging licence” means a licence granted under article 37;

“the existing Commissioners” means the Commissioners immediately before the new constitution date;

“the existing marina works” means the works forming the marina in Senhouse dock and shown for identification purposes on the harbour map;

“the existing works” means the works comprised in the harbour as existing under the Maryport Harbour Acts and Order 1866 to 1939 at the commencement of this Order and includes the existing marina works;

“general direction” means a direction given under article 28;

“the general manager” means the general manager of the Authority, referred to in article 66;

“the harbour” means the area described in article 15 of and Schedule 3 to this Order;

“the harbour land” means, subject to article 67, the quays, piers, landing places and all other works, lands and buildings for the time being vested in, or occupied and administered by, the Authority as part of the undertaking;

“the harbour map” means the map signed in duplicate by the Head of Ports Division in the Department for Transport and marked “Harbour map referred to in the Maryport Harbour Revision Order 2007”, of which one is deposited at the offices of the Department for Transport and one at the offices of the Authority;

“the harbourmaster” means the harbourmaster appointed by the Authority and in relation to the harbour includes his authorised deputies and assistants and any person authorised by the Authority to act as harbourmaster;

“hovercraft” has the same meaning as in the Hovercraft Act 1968 ;

“hydrofoil vessel” means a vessel, however propelled, designed to be supported on foils;

“the level of high water” means the level of mean high-water springs;

“master” in relation to a vessel, means any person having or taking command, charge, management or conduct of the vessel for the time being;

“Member” means a member of the Authority;

“the new constitution date” means 1 February 2008;

“personal watercraft” means any watercraft (not being a structure which by reason of its concave shape provides buoyancy for the carriage of persons or goods) propelled by a jet engine or other mechanical means of production and steered either—

by means of a handlebar-operated linkage system (with or without a rudder at the stern); or

by the person or persons riding the craft using his body weight for the purpose; or

by a combination of the methods referred to in paragraph (a) and (b);

“the repealed enactments” means the enactments specified in Schedule 5 to this Order;

“seaplane” includes a flying boat and any other aircraft designed to manoeuvre on water but not a hovercraft or hydrofoil vessel;

“statutory undertaker” means—

any person who is a statutory undertaker for any of the purposes of the Town and Country Planning Act 1990 ;

any other person who has a duty or power under the Land Drainage Act 1991 ;

a coast protection authority within the meaning of section 1 of the Coast Protection Act 1949 ; and

any operator of a telecommunications code system;

“tidal work” means so much of any work as is on, under or over tidal lands below the level of high water and existing at the commencement of this Order;

“the Town Council ” means the Maryport Town Council;

“ Trinity House ” means the Corporation of Trinity House of Deptford Strond;

“the undertaking” means the harbour undertaking of the Authority for the time being;

“vehicle” includes any vehicle propelled on rails, any machinery on wheels or caterpillar tracks, trailers, caravans and mobile homes and includes a hovercraft or any other amphibious vehicle;

“vessel” means every description of vessel, however propelled or moved, and includes any thing constructed or used to carry persons or goods by water, and a seaplane on or in the water, a hovercraft and a hydrofoil vessel.

Section 3 Incorporation of enactments

(1) The 1847 Act, (except sections 6 to 22, 24 to 26, 48 to 50, 79 to 83 and 85 to 109) is incorporated with and forms part of this Order.

(2) In construing the provisions as so incorporated—

(a) the expression “the special Act ” means this Order, the expression “the undertakers” means the Authority and the expression “the harbour, dock or pier” means the harbour;

(b) the expressions “master” and “vessel” are to have the meanings ascribed to them in this Order rather than those in the 1847 Act;

(c) section 52 extends to empower the harbourmaster to give directions prohibiting the mooring within a harbour area of any vessel;

(d) notice given by the harbourmaster to the master of a vessel under section 53 need not be in writing but may be given orally, or in any other reasonable manner;

(e) section 58 has effect in accordance with article 20(2);

(f) section 63 has effect subject to the modification that for the words from “liable to” to the end of the section there are substituted the words “be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale”;

(g) section 69 has effect subject to the modification that for the words “shall forfeit a sum” to the end of the section there are substituted the words “shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale”;

(h) section 72 has effect subject to the modification that for the words “shall for every offence” to the end of the section there are substituted the words “shall be liable on summary conviction to a penalty not exceeding level 2 on the standard scale”.

(3) Sections 15, 53, 56, 58 to 60, 62 to 65, 67, 69 to 74, 99 to 102, 104 and 109 to 111 of the Commissioners Clauses Act 1847 , are incorporated with and form part of this Order.

(4) The Commissioners Clauses Act 1847 as so incorporated shall have effect as if for references—

(a) to the clerk there were substituted references to the general manager;

(b) for references to the commissioners there were substituted references to the Authority; and

(c) for references to a commissioner there were substituted references to a Member.

Section 4 New name of Commissioners

On and after the new constitution date the Commissioners shall be known as the Maryport Harbour Authority.

Section 5 Constitution of Authority

(1) On and after the new constitution date, the Authority shall, subject to paragraph (2) and articles 7, 9 and 12, consist of—

(a) one Member appointed by the County Council or, should they fail to make an appointment, by the Authority;

(b) one Member appointed by the Borough Council or, should they fail to make an appointment, by the Authority;

(c) one Member appointed by the Town Council or, should they fail to make an appointment, by the Authority;

(d) three Members appointed by the Authority; and

(e) the general manager.

(2) The first appointments which are—

(a) to be made by the Authority under paragraph (1)(d); and

(b) (if necessary) made by the Authority under paragraph (1)(a), (b) or (c) shall be made by the selection panel, established under paragraph (3).

(3) The selection panel shall consist of—

(a) one person appointed by the Commissioners;

(b) one person appointed by the North West Development Agency; and

(c) one person appointed by the West Cumbria Development Fund.

Section 6 Selection of members

(1) Each Member appointed under article 5(1)(a) to (d) shall be a person who appears to the body appointing him to have special knowledge, experience or ability appropriate to the efficient, effective and economic discharge by the Authority of their functions including in particular (but without prejudice to the generality of the foregoing) special knowledge, experience or ability in one or more of the following matters—

(a) management of harbours;

(b) shipping or other forms of transport;

(c) navigation;

(d) boating and water related leisure activities;

(e) commercial, financial or industrial matters;

(f) administration;

(g) the organisation of workers;

(h) environmental matters;

(i) the laws of England; and

(j) any other skills and abilities considered from time to time by the Authority to be relevant to the discharge by them of their functions.

(2) In making an appointment under article 5(1) or article 12(1), the Authority shall act in accordance with any guidance issued by the Secretary of State from time to time with respect to the exercise of such functions.

Section 7 Appointment and terms of office of first members

The first appointments under article 5(1)(a) to (d) shall be made on, or as soon as reasonably practicable after the date on which this Order comes into force and of the Members so appointed—

(a) two, one of whom shall be appointed under article 5(1)(b) and one under article 5(1)(d), shall hold office from the new constitution date until 31 January 2009;

(b) two, one of whom shall be appointed under article 5(1)(a) and one under article 5(1)(c), shall hold office from the new constitution date until 31 January 2010; and

(c) two, who shall be appointed under article 5(1)(d), shall hold office from the new constitution date until 31 January 2011.

Section 8 Terms of office of subsequent members

A Member appointed under article 5(1)(a) to (d) (other than a Member holding office for a term prescribed in article 7 or appointed under article 12) shall, subject to articles 10 and 11 of, and paragraphs 3 and 9 of Schedule 2 to, this Order, hold office for the period of three years from 1st February next following his appointment.

Section 9 Transitional co-opted member

(1) To ensure that the Authority have sufficient experience for the efficient exercise of their functions on and after the new constitution date, the existing Commissioners shall before that date co-opt from their number one other Commissioner to serve, in addition to the Members appointed under article 5, as a co-opted Member for a period of six months beginning on the new constitution date.

(2) The Member co-opted under paragraph (1) shall not be entitled to vote on any matter to be decided by the Authority or any committee of the Authority.

Section 10 Declaration to be made by members

No person shall act as a Member until he has made the declaration set out in Schedule 1 to this Order (or a declaration to that effect), and a person shall cease to be a Member if he fails to make that declaration within three months of the date of his appointment.

Section 11 Power to co-opt additional members

Notwithstanding article 5, the Members if they see fit may at any time co-opt up to two additional Members at any time for a fixed term of up to twelve months.

Section 12 Casual vacancies

(1) A casual vacancy arising in the office of a Member appointed by the Authority shall, unless it is not reasonably practicable to do so, be filled by the appointment of a Member by the Authority and any such appointment shall be made in accordance with the requirements of article 6.

(2) A Member appointed to fill a casual vacancy under this article shall hold office (unless he previously dies or otherwise ceases to be a Member) during the remainder of the term for which the member whom he replaces was appointed.

Section 13 Provisions applying to Members

On and after the new constitution date, Schedule 2 to this Order shall have effect with respect to the Members.

Section 14 Advisory bodies

(1) The Authority shall establish one or more advisory body or bodies which the Authority shall consult on all matters substantially affecting the management, maintenance, improvement, conservation, protection or regulation of the harbour and its navigation.

(2) The Authority shall make arrangements for every such advisory body to meet not less than twice a year.

(3) The Authority shall take into consideration any matter, recommendation or representation which may from time to time be referred or made to them by such an advisory body whether or not that advisory body has been consulted by the Authority on the matter, recommendation or representation so referred or made.

(4) The advisory body or bodies established pursuant to this article shall consist of such number or numbers of persons appointed by the Authority as the Authority shall from time to time consider appropriate.

(5) Appointments to any such advisory body shall be made by the Authority in accordance with a scheme prepared by them for that purpose and the scheme shall provide for the appointment of persons who, in the opinion of the Authority, are representative of persons having an interest in the functioning of the harbour.

(6) Any such advisory body may determine its own quorum and procedure and shall appoint a chairman.

(7) An individual member of any such advisory body may, on giving notice in writing to the chairman of that body, send a substitute to any meeting of the body.

(8) A member of such an advisory body shall hold office for the period of three years from the date of this appointment and at the end of that period shall be eligible for reappointment.

(9) A member of such an advisory body may resign his office at any time by notice in writing given to the chairman of the Authority.

Section 15 Limits of jurisdiction

(1) The limits within which the Authority shall continue to exercise jurisdiction as a harbour authority within the meaning of section 57 of the Harbours Act 1964 , and within which the powers of the harbourmaster may be exercised, shall extend over the following area—

(a) the harbour land; and

(b) the area which is shown coloured blue on the harbour map, being the area described in Schedule 3 to this Order.

(2) In the event of any discrepancy between the area described in Schedule 3 and the limits shown on the harbour map, the limits described in the said Schedule shall be deemed to be correct and shall prevail.

(3) Copies of the harbour map certified by the general manager to be true shall be receivable in all civil or criminal proceedings and elsewhere as evidence of the contents of the harbour map.

(4) Any area which falls outside the area described in paragraph (1) and which was immediately before this Order came into force part of the Commissioners' harbour undertaking shall cease to form part of the undertaking and, in respect of that area—

(a) the Authority shall not exercise jurisdiction as a harbour authority within the meaning of section 57 of the Harbours Act 1964, and

(b) the powers of the harbourmaster shall not be exercisable.

Section 16 General powers of Authority in respect of harbour

(1) Subject to this Order, the Authority may take such steps as they consider necessary for the improvement, maintenance and management of the harbour and the accommodation and facilities (including navigational and recreational facilities) provided at or in connection with the harbour.

(2) For those purposes, and without prejudice to the generality of paragraph (1), the Authority may—

(a) improve, maintain, regulate, manage, mark, sluice and light the harbour and provide harbour facilities in it;

(b) subject to obtaining the necessary rights in or over land—

(i) execute and place in and over the harbour such structures, works and equipment as are required; and

(ii) operate, maintain, renew, alter, replace, relay, extend, demolish and reconstruct structures, works and equipment in the harbour (including those placed pursuant to paragraph (i); and

(c) do all other things which in their opinion are expedient to facilitate the operation, improvement or development of the undertaking.

Section 17 Aids to navigation

(1) In addition to their powers under section 201 of the Merchant Shipping Act 1995 (powers of harbour authorities as local lighthouse authorities) but subject to obtaining any necessary interest in or over land, the Authority may erect or place, alter, discontinue or remove aids to navigation in any place adjacent to the harbour.

(2) The Authority shall not exercise the powers of paragraph (1) without the approval of Trinity House.

Section 18 Removal of obstructions other than vessels

(1) The Authority may remove anything, other than the whole or part of a vessel or anything contained in the whole or part of a vessel, which is causing or likely to become an obstruction to, or cause interference with, navigation in any part of the harbour or any approach thereto and may take such steps as appear to them to be appropriate to prevent or minimise such obstruction or interference.

(2) If anything removed by the Authority under paragraph (1) is known by the Authority to be, or is so marked as to be readily identifiable as the property of any person, the Authority shall, within 28 days of its coming into their custody, give written notice to that person stating that, upon proof of ownership to the reasonable satisfaction of the Authority possession may be retaken at a place named in the notice within the period specified in the notice (being not less than 28 days after the notice is served) and, if possession of the thing removed is not so retaken, it shall at the end of that period vest in the Authority.

(3) Notwithstanding paragraph (2) the Authority may, at such time and in such manner as they think fit, dispose of anything removed under paragraph (1) which is not known or so marked as to be readily identifiable as the property of any person or which is of a perishable nature or the custody of which involves unreasonable expense or inconvenience.

(4) If anything disposed of by the Authority under this paragraph is sold, the Authority may retain out of the proceeds of sale any expenses incurred by them under this article, and any surplus—

(a) shall be paid to any person who within three months from the time of disposal proves to the reasonable satisfaction of the Authority that he was its owner at that time; or

(b) if within the said period no person proves his ownership at the said time, shall vest in the Authority.

(5) If the proceeds of sale of anything removed under this article are insufficient to reimburse the Authority for the said expenses, or there is no sale because the thing is unsaleable, the Authority may recover the deficiency, or, where there is no sale, the whole of the expenses, from the person who was the owner at the time when the thing removed came into the custody of the Authority or who was the owner at the time of its abandonment or loss.

Section 19 As to use of harbour

(1) The Authority may from time to time set apart and appropriate any part of the harbour for the exclusive, partial or preferential use and accommodation of any particular trade, person, vessel or class of vessels, or goods, subject to the payment of such charges and subject to such terms, conditions and regulations as the Authority may think fit.

(2) Except in an emergency, no person or vessel shall make use of any part of the harbour so set apart or appropriated without the consent of the harbourmaster or other duly authorised officer of the Authority; and—

(a) the harbourmaster or, as the case may be, such officer, may order any person or vessel making use of the part of the harbour in question without such consent to leave or be removed; and

(b) the provisions of section 58 (powers of harbourmaster as to mooring of vessels in harbour) of the 1847 Act shall extend and apply in relation to any such vessel subject to the following modifications—

(i) the words “moor, unmoor, place” are left out, and

(ii) for the word “directions” there is substituted the word “order”.

Section 20 Moorings

(1) The Authority may provide, place, lay down, maintain, renew, use, have and remove moorings within the harbour—

(a) on land owned or leased by them or in which they hold an appropriate interest; or

(b) with the consent in writing of the owner and lessee thereof, on any other land in the harbour,

as they consider necessary or desirable for the convenience of vessels.

(2) The Authority may demand, receive and recover in respect of any vessel using any of the moorings provided under this article or moored to land owned or leased by them such reasonable charges as they may from time to time prescribe.

(3) The Authority may compound with any person with respect to the payment of the charges prescribed under paragraph (2).

(4) The Authority may give notice in writing to the person having control of any vessel using any mooring in the harbour at the date this Order comes into force requiring him within 28 days to remove the vessel so as to enable the Authority to provide, place, lay down, maintain, renew, and remove moorings in accordance with paragraph (1).

(5) The Authority shall offer to make available to the person having the control of the vessel referred to in the notice a mooring provided by them under paragraph (1) as soon as such mooring has been provided, placed, laid down, maintained or renewed as appropriate.

(6) If any person fails to comply with a notice given by the Authority under this article, the Authority may at any time after the expiration of 28 days from the date of the giving of the notice remove the mooring referred to in that notice.

(7) The Authority may from time to time grant to a person with or without conditions a licence to place, lay down, maintain, renew, use and have existing and future moorings, for vessels in the harbour.

(8) Nothing in any such licence shall entitle a person to place, lay down, maintain, renew or use and have any mooring on land not owned or leased by him or the Authority or in which he has no appropriate interest.

(9) Any such licence shall be valid only for a period of one year commencing with the date on which it is granted.

(10) The Authority may charge for such a licence.

(11) Any person who—

(a) intentionally obstructs any person acting under the authority of the Authority in setting out moorings;

(b) intentionally and without lawful authority pulls up or removes any mooring in the harbour or any part of the harbour;

(c) without reasonable excuse causes or permits a vessel to be moored in the harbour except at a mooring provided or licensed by the Authority under this article; or

(d) places, lays down, maintains, renews or has in the harbour any mooring not provided or licensed by the Authority under this article,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(12) If any such person commits an offence under paragraph 11(d), the Authority may remove the mooring in question and recover from that person the expenses incurred in doing so.

(13) In this article “mooring” includes any buoy, pile, post, chain, pillar, pontoon or like apparatus or convenience used for the mooring of vessels.

Section 21 Repair of landing places, etc.

(1) In this article, “relevant feature” means any landing place, jetty, embankment, structure or other work in the harbour or on land immediately adjoining the waters of the harbour other than one under the control or management of the Authority.

(2) The Authority may by written notice require the owner or occupier of a relevant feature which in the opinion of the Authority is, or is likely to become, by reason of its insecure condition or want of repair—

(a) dangerous to persons or vessels using the harbour; or

(b) a hindrance to the navigation of the harbour,

to remedy its condition to the Authority’s satisfaction within a reasonable time (not being less than 21 days) specified in the notice.

(3) If a person to whom notice is given under this article fails without reasonable excuse to comply with the notice within the time stated in the notice or such other time as the magistrates' court on an appeal may allow—

(a) he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale; and

(b) the Authority may carry out the work required by the notice and may recover the expenses of so doing from the person on whom the notice was served.

(4) A notice under this article shall have annexed to it a copy of this article.

(5) A person aggrieved by a notice served by the Authority under this article may, during the period of 21 days beginning with the date on which the notice was served, appeal against the notice to a magistrates' court acting for the area in which the feature is situated.

(6) An appeal under paragraph (5) shall be made by notice in writing stating the grounds of the appeal.

(7) A person who appeals under paragraph (5) shall send to the Authority notice of his appeal.

(8) On an appeal under paragraph (5), the court may make such order as it thinks fit, such order to be limited to the subject matter of the appeal.

Section 22 Power to grant permits in respect of certain pleasure craft

(1) The Authority may grant upon such terms and conditions as they think fit permits to the persons in charge of or navigating pleasure craft used for carrying paying passengers within the harbour, and may charge for such permit a reasonable fee in respect of the administrative expenses of processing the application for the permit.

(2) Any such permit may be granted for such period as the Authority may think fit, and may be suspended or revoked by the Authority; but the existence of the power to suspend or revoke the permit shall be specifically mentioned in the permit itself.

(3) In deciding whether to grant, suspend or revoke any permit pursuant to paragraphs (1) and (2), the Authority shall only have regard to the interests of safe navigation within the harbour.

(4) Except with the written permission of the Authority no person shall carry, or permit to be carried, paying passengers in a pleasure craft unless—

(a) the person in charge of it and any other person navigating it have been granted a permit under this article;

(b) the conditions of the permit are complied with; and

(c) the permit is not suspended.

(5) Any person who contravenes or otherwise fails to comply with paragraph (4) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(6) Any person aggrieved by the withholding, suspension, or revocation of any permit under this article may within 21 days from the date on which the Authority notify the applicant of their decision appeal to a magistrates' court acting for the area in which the harbour is situated.

(7) An appeal under paragraph (6) shall be made by notice in writing stating the grounds of the appeal.

(8) The appellant shall send to the Authority a copy of the notice of his appeal.

(9) On an appeal under paragraph (6), the court may make such order as it thinks fit, such order to be limited to the subject matter of the appeal.

(10) In this article, “pleasure craft” means any vessel which has a passenger certificate issued by the Secretary of State pursuant to regulations under section 85 and 86 of the Merchant Shipping Act 1995 or which is licensed by the Borough Council under section 94 of the Public Health Acts Amendment Act 1907 .

Section 23 Power to dredge

(1) The Authority, as may appear to them to be necessary or desirable for the purposes of the undertaking, may deepen, dredge, scour, cleanse, alter and improve so much of the bed, shores and channels of the harbour and the approaches to it, may blast any rock in that area, and may use, appropriate or dispose of the materials (other than wreck within the meaning of Part XI of the Merchant Shipping Act 1995) dredged by them.

(2) No materials so dredged shall be laid down or deposited—

(a) in contravention of any enactment as respects the disposal of waste; or

(b) in any place below the level of high water otherwise than in such position and under such conditions and restrictions as may be approved or prescribed by the Secretary of State.

Section 24 Authority may provide dredgers, tugs, etc.

(1) The Authority may from time to time purchase, charter, lease, contract for or hire and may maintain and use dredgers, tugs, hoppers, barges or other powered craft—

(a) as may be necessary or expedient for or in relation to any of the purposes mentioned in article 23; and

(b) for the use and accommodation of vessels within the harbour, and for this purpose they may let such craft.

(2) In addition to the said purposes the Authority may purchase, charter, lease, contract for or hire, provide and may maintain and use all such dredging and other machines, engines, craft, machinery and appliances as may be necessary or expedient.

Section 25 Powers with respect to disposal of wrecks

(1) In its application to the Authority section 252 of the Merchant Shipping Act 1995 (powers of harbour and conservancy authorities in relation to wrecks) shall have effect in relation to the harbour in relation to a vessel sunk, stranded or abandoned before, as well as after, the coming into force of this Order.

(2) Subject to paragraph (3), and to any enactment for the time being in force limiting his liability, the Authority may recover from the owner of any vessel in relation to which they have exercised their powers under the said section 252 any expenses reasonably incurred by them under that section in relation to that vessel which are not reimbursed out of any proceeds of sale within the meaning of that section.

(3) Except in a case which is in the opinion of the Authority a case of emergency, paragraph (2) shall not apply in relation to any vessel unless, before exercising in relation to that vessel any of the powers conferred on them by the said section 252, other than the power of lighting and buoying, the Authority have given to the owner of the vessel not less than 48 hours' notice of their intention to do so.

(4) If before the notice expires the Authority receive from the owner counter-notice in writing that he desires to dispose of the vessel himself, he shall be at liberty to do so, and the Authority shall not exercise the power in the said section 252 in relation to that vessel until the expiration of seven days from the receipt of the counter-notice and of any further continuous period thereafter during which the owner of the vessel proceeds with its disposal with all reasonable diligence and in compliance with any directions for the prevention of interference with navigation which may be given to him by the Authority.

(5) Notice under paragraph (3) to the owner of any vessel may be served by the Authority either by delivering it to him or by sending it to him by registered post or the recorded delivery service addressed to him at his last known place of business or abode in the United Kingdom, or, if the owner or any such place of business or abode is not known to the Authority by displaying the notice at the harbour offices, Maryport for the period of its duration.

(6) In this article “owner” in relation to any vessel means the person who was the owner of the vessel at the time of its sinking, stranding or abandoning.

(7) The powers conferred on the Authority by this article shall be in addition to and not in derogation of any other powers exercisable by them for or with respect to the removal of wrecks within the harbour.

Section 26 Protection of Crown interests in wrecks

(1) Without prejudice to section 308 of the Merchant Shipping Act 1995 (which relates to the exemption from that Act to vessels belonging to Her Majesty) as modified by any Order in Council made under section 308 of that Act, the powers conferred on the Authority by section 252 of that Act shall not be exercisable—

(a) in relation to any vessel sunk, stranded or abandoned by design by or under the orders of a person acting on behalf of Her Majesty or an officer or servant of the Crown acting in the course of his duty as such;

(b) in relation to any vessel which is not excluded from the exercise of those powers by virtue of being a vessel belonging to Her Majesty but which, at the time when the vessel was sunk, stranded or abandoned—

(i) had been required to be placed at the disposal of Her Majesty or of a government department; and

(ii) was appropriated to the service of Her Majesty’s ships of war under the direction and control of the Secretary of State for Defence.

(2) Paragraph (1)(b) shall not apply if the powers in question are exercised with the consent of the Secretary of State for Defence, which may be given with or without such a direction as is referred to in paragraph (3)(b).

(3) Subject to paragraphs (4) and (5), the Authority shall give notice in writing to the Secretary of State for Defence and to the Secretary of State for Transport of any decision of the Authority to exercise in relation to any vessel any of the powers conferred by the said section 252 other than the power of lighting and buoying and, except in a case which is in the opinion of the Authority a case of emergency, shall not proceed with the exercise of those powers—

(a) except with the consent of the Secretary of State for Defence and the Secretary of State for Transport before the expiration of a period of fourteen days from the giving of the notice; or

(b) if before the expiration of the said period there is served on the Authority a direction by the Secretary of State for Defence or the Secretary of State for Transport that those powers shall not be exercised in relation to that vessel.

(4) Where the Authority exercise their powers under section 252 in relation to any vessel referred to in paragraph (1) without the consent and before the expiry of the period mentioned in paragraph (3)(a), they shall not in the exercise of those powers use any explosives.

(5) If, before the expiry of the period referred to in paragraph (3), a direction is served on the Authority, they shall comply with that direction, and they shall not exercise the power of sale conferred by section 252 or the power conferred by paragraph (2) of article 25.

(6) The Authority shall not be required to give notice under paragraph (3) in respect of any vessel in respect of which they have received a consent under paragraph (2), but any direction such as is referred to in paragraph (3)(b) accompanying that consent shall be deemed for the purposes of paragraph (3) and of paragraph (3) of article 25 to have been duly served under paragraph (3)(b).

(7) The prohibition on the use of explosives imposed by paragraph (3) shall not apply to the use for cutting away the superstructure of a vessel or the use of such small explosive charges as may for the time being be approved by the Secretary of State for Transport for the purposes of this paragraph.

(8) Without prejudice to the powers of sale conferred on the Authority by the said section 252, the Authority shall hold and dispose of any wreck within the meaning of Part IX of the said Act of 1995 raised, removed or recovered under that section, and any surplus proceeds of sale within the meaning of that section, in accordance with such directions, if any, as may be given to them by the receiver of wreck; and on exercising the said power of sale in the case of any property the Authority shall discharge any sums payable in respect of that property by way of duties of customs or excise and any sums so discharged shall be deemed to be expenses incurred by the Authority under that section.

(9) Any limitation on the powers of the Authority in relation to any vessel arising by virtue of paragraph (1) or paragraph (3) shall not operate to authorise the exercise in relation to that vessel of the powers conferred on the Trinity House by section 253 of the said Act of 1995.

Section 27 Power to deal with unserviceable vessels

(1) In addition to the powers conferred on the harbourmaster by section 57 of the 1847 Act and on the Authority by the Merchant Shipping Act 1995 and by this Order the Authority may remove, sell, destroy or otherwise dispose of any vessel laid by or neglected as unserviceable in, or on land adjoining the waters of the harbour.

(2) The Authority may retain out of the proceeds of sale of any such vessel, or any part of them, any expenses incurred by them in respect of the vessel or in marking, buoying, lighting or otherwise controlling the vessel or warning shipping of its presence and any expenses incurred by the harbourmaster under section 57 of the 1847 Act, and shall pay the surplus, if any, to the person entitled thereto. If the proceeds of sale are insufficient to reimburse the Authority for the said expenses, or there is no sale, the Authority may recover the deficiency, or, where there is no sale, the whole of the expenses, from the owner as a simple contract debt.

(3) Except in the case of emergency, the Authority shall, before exercising their powers under this article, give 28 clear days' notice in writing of their intention to do so to the owner of the vessel and by advertisement in each of three successive weeks in a local newspaper.

(4) If the owner or his place of business or abode is not known to the Authority or cannot after diligent inquiry be found or is outside the United Kingdom, the notice referred to in paragraph (4) may be given by displaying it at the harbour offices, Maryport for the period of its duration.

Section 28 General directions to vessels

(1) The Authority may, after consultation with the Chamber of Shipping and the Royal Yachting Association (except in cases of emergency), give directions for the purpose of promoting or securing conditions conducive to the ease, convenience or safety of navigation and the safety of persons and property in the harbour, including without prejudice to the generality of the foregoing, for any of the following purposes—

(a) for designating areas, routes, fairways or channels in the harbour and the approaches thereto which vessels are to use, or refrain from using, for movement, mooring or anchorage;

(b) for securing that vessels move only at certain times or during certain periods;

(c) for securing that vessels make use of types of aids to navigation specified in the direction;

(d) for prohibiting entry into the harbour by a vessel which for any reason would be or be likely to become a danger to other vessels in the harbour, or to persons, property, flora or fauna in the harbour or within the harbour land;

(e) for requiring the master of a vessel to give to the harbourmaster information relating to the vessel reasonably required by the harbourmaster for the purposes of this paragraph.

(2) Directions given under this article may apply—

(a) to all vessels or to a class of vessels designated in the direction; or

(b) to the whole of the harbour, or to a part designated in the direction; or

(c) at all times or at times designated in the direction,

and every direction given under this article shall specify the extent of its application in relation to the matters referred to in sub-paragraphs (a), (b) and (c).

(3) The Authority may, after consultation with the Chamber of Shipping and the Royal Yachting Association (which shall not be required in cases of emergency), revoke or amend directions given under this article.

Section 29 Publication of general directions

(1) Notice of the giving of a general direction and of any amendment or revocation of a general direction shall be published by the Authority as soon as practicable—

(a) Once in a newspaper circulating in the locality of the harbour; and

(b) Once in Lloyd’s list or some other newspaper specialising in shipping news.

(2) If the notice relates to the giving or amendment of a direction, the notice shall state a place at which copies of the direction may be inspected and bought and its price.

(3) Paragraph (1) shall not apply in the case of an emergency except in a case in which the direction has effect for more than seven days beginning with the day on which the direction is given.

(4) In any emergency in respect of which paragraph (1) does not apply by virtue of paragraph (3), notice of the giving of a general direction or of any amendment or revocation of a general direction may be given in any manner the Authority consider appropriate.

Section 30 Special directions to vessels

(1) The harbourmaster may give a special direction in respect of any vessel anywhere within the harbour for any of the following purposes—

(a) requiring persons to comply with a requirement made in or under a general direction;

(b) regulating or requiring the movement, anchorage, berthing, mooring or unmooring of the vessel;

(c) regulating the loading, discharging, storing and safeguarding of its cargo, fuel, water or stores and the dispatch of its business at the harbour premises;

(d) specifying the precautions to be taken in respect of apparatus, machinery and equipment;

(e) prohibiting or restricting the use of fires or lights.

(2) A special direction may be given in any manner considered by the harbourmaster to be appropriate.

(3) The harbourmaster may revoke or amend a special direction.

Section 31 Failure to comply with directions

The master of a vessel who fails without reasonable excuse to comply with a general direction or a special direction shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Section 32 Enforcement of directions

(1) Without prejudice to any other remedy available to the Authority, if a special direction is not complied with within a reasonable time the harbourmaster may, where practicable, put persons on board the vessel to carry out the direction or may otherwise cause the vessel to be handled in accordance with the direction.

(2) If there is no one on board the vessel to comply with a special direction, the harbourmaster may proceed as if the direction had been given and not complied with; but he shall not do so unless, after reasonable inquiry has been made, the master cannot be found.

(3) Expenses incurred in the exercise of the powers conferred by this article shall be recoverable by the Authority from the owner of the vessel.

Section 33 Master’s responsibility in relation to directions

The giving of a general direction or a special direction shall not diminish or in any other way affect the responsibility of the master of the vessel to which the direction is given in relation to his vessel, persons on board, its cargo or any other person or property.

Section 34 Restriction of works and dredging

(1) Subject to paragraph (4), no person other than the Authority shall—

(a) construct, alter, renew or extend any work; or

(b) dredge,

on, under or over tidal waters or land below the level of high water in the harbour unless he is licensed so to do, in the case of works by a works licence and in the case of dredging by a dredging licence.

(2) No person other than the Authority shall do any of the things mentioned in paragraphs (1)(a) and (b) except upon the terms and conditions, if any, upon which the licence is granted and in accordance with plans, sections and particulars approved in pursuance of article 36 or, as the case may require, article 37.

(3) The Authority may by notice require a person who contravenes this article to remove, abate or rectify, within a reasonable time specified in the notice, any work, operation or omission to which the contravention relates and to restore the site of it to its former condition; and if he fails to comply with the notice, the Authority may carry out the works so required and may recover from him the cost of so doing.

(4) Nothing in this article shall apply to—

(a) any operations or works specifically authorised by any enactment; or

(b) any operations or works of a statutory undertaker.

(5) Any person who without reasonable excuse contravenes this article shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Section 35 Control of certain operations and works of statutory undertakers

(1) This article applies to any operations or works of a statutory undertaker in the harbour on, under or over tidal waters or land below the level of high water, not being operations or works which are specifically authorised by an enactment.

(2) Subject to paragraph (3), a statutory undertaker shall not carry out any operations or works to which this article applies unless it has given notice of its intention to do so to the Authority and has supplied the Authority with such particulars as they may reasonably require.

(3) Where, in an emergency, it is impracticable to give notice as required by paragraph (2), the statutory undertaker shall inform the Authority of the operations or works as soon as reasonably practicable.

(4) Any operations or works to which this article applies shall be carried out subject to any directions which may from time to time be given by the Authority to the statutory undertaker, being directions for the avoidance of danger and the prevention, so far as possible, of interference with navigation in the carrying out of such operations or works.

(5) Any person who, without reasonable excuse contravenes this article shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Section 36 Licensing of works

(1) The Authority may upon such terms and conditions as they think fit grant to any person a licence to construct, alter, renew or extend any works in the harbour on, under or over tidal waters or tidal land below the level of high water, notwithstanding any interference with the public right of navigation or any other public right by such works as constructed, altered, renewed, or extended.

(2) Application for a works licence shall be made in writing to the Authority and shall—

(a) be accompanied by plans, sections and particulars of the works to which the application relates;

(b) specify whether the applicant holds such rights in, under or over land as are necessary to enable him to enjoy the benefits of the licence and, if not, the action to be taken to enable him to obtain such rights if the licence is granted.

(3) In granting a licence, the Authority may require modifications in the plans, sections and particulars submitted under paragraph (2).

(4) The Authority may require an applicant for a works licence, on making his application, to pay a reasonable fee in respect of the administrative expenses of dealing with the application.

(5) The Authority may require a licensee, being the original grantee or his successor, where works are constructed pursuant to the licence and as a condition of the grant of the licence to pay such reasonable fees in respect of the Authority’s administrative expenses and overheads in supervising or inspecting, where necessary, the construction or maintenance of the works.

(6) Where the Authority refuse an application for a works licence, they shall give reasons in writing for their refusal.

(7) Where the Authority grant a works licence upon terms or conditions or require any modification in the plans and particulars, they shall give reasons in writing for the terms and conditions imposed or the modifications required.

(8) If within three months from the receipt of the application under paragraph (2) the Authority do not grant a works licence they shall be deemed to have refused the application.

(9) Articles 39 and 40 shall apply in relation to the holder of a works licence as respects the works which are authorised by the licence as they do in relation to the Authority.

(10) In the carrying out of operations in pursuance of a works licence, the holder of the licence shall not—

(a) interfere with, damage or otherwise injuriously affect any apparatus belonging to or maintained by any statutory undertaker; or

(b) do anything which will obstruct or impede any work relating to the inspection or repair of any such apparatus,

without the consent of the statutory undertaker concerned.

Section 37 Licensing of dredging

(1) The Authority may, upon such terms and conditions as they think fit, grant to any person a licence to dredge in any part of the harbour.

(2) Application for a dredging licence shall be made in writing to the Authority and shall be accompanied by plans, sections and particulars defining the nature, extent and manner of the operations to be carried out in the exercise of the powers granted by the licence and, in granting any such licence the Authority may require modifications in the plans, sections and particulars so submitted.

(3) Paragraphs (4) to (8) and (10) of article 36 shall apply in relation to a dredging licence as they apply in relation to a works licence.

(4) Subject to articles 78 and 80, any materials (other than wreck within the meaning of Part IX of the Merchant Shipping Act 1995) taken up or collected by means of dredging in pursuance of a dredging licence shall be the property of the holder of the licence and he may use, sell or otherwise dispose of or remove or deposit the materials as he thinks fit.

(5) No materials taken up or collected by means of dredging in pursuance of a dredging licence shall be laid down or deposited—

(a) in contravention of any enactment as respects the disposal of waste; or

(b) in any place below the level of high water otherwise than in such position and under such conditions and restrictions as may be approved or prescribed by the Secretary of State.

Section 38 Appeals in respect of works or dredging licence

(1) An applicant for a works licence or a dredging licence who is aggrieved by—

(a) a refusal of the application by the Authority;

(b) any terms or conditions subject to which the licence is granted; or

(c) any modifications required by the Authority in the plans, sections or particulars submitted by the applicant,

may, within 28 days from the date on which the Authority notify the applicant of their decision or the date on which the Authority are, under article 36(8), deemed to have refused the application, appeal against the decision to a magistrates' court acting for the area in which the licence or proposed licence has or would have effect.

(2) An appeal under paragraph (1) shall be made by notice in writing stating the grounds of the appeal.

(3) The appellant shall send to the Authority a copy of the notice of his appeal.

(4) On an appeal under paragraph (1), the court may make such order as it thinks fit, such order to be limited to the subject matter of the appeal.

Section 39 Tidal works not to be executed without approval of the Secretary of State

(1) A tidal work shall not be constructed, altered, replaced, relaid or reconstructed except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by the Secretary of State before the work is begun.

(2) If a tidal work is constructed, altered, replaced, relaid or reconstructed in contravention of this article or of any condition or restriction imposed under this article—

(a) the Secretary of State may by notice in writing require the Authority at their own expense to remove the tidal work or any part of it and restore its site to its former condition; and if on the expiration of a period of 30 days beginning with the date on which the notice is served upon the Authority they shall have failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice, or

(b) if it appears to the Secretary of State urgently necessary so to do, he may remove the tidal work or part of it and restore the site to its former condition,

and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Authority.

Section 40 Lights on tidal works during construction

(1) The Authority shall at or near a tidal work during the whole time of its construction, alteration, replacement, relaying or re-construction, exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as the Secretary of State may from time to time direct.

(2) If the Authority fail to comply in any respect with a direction given under this article, they shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Section 41 Provision against danger to navigation

(1) In case of injury to or destruction or decay of a tidal work or any part of a tidal work, the Authority shall as soon as is reasonably practicable notify Trinity House and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as Trinity House may from time to time direct.

(2) If the Authority fail to notify Trinity House as required by this article, or to comply in any respect with a direction given under this article they shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Section 42 Abatement of works abandoned or decayed

(1) Where a tidal work is abandoned or suffered to fall into decay the Secretary of State may by notice in writing require the Authority at their own expense either to repair and restore the work or any part of it, or to remove the work and restore the site to its former condition, to such an extent and within such limits as the Secretary of State thinks proper.

(2) Where a work consisting partly of a tidal work and partly of works vested in the Authority on or over land above the level of high water is abandoned or suffered to fall into decay and that part of the work on or over land above the level of high water is in such condition as to interfere, or to cause reasonable apprehension that it may interfere, with the right of navigation or other public rights over the foreshore, the Secretary of State may include that part of the work, or any portion of it, in any notice given under this article.

(3) If, on the expiration of 30 days from the date when a notice under this article is served upon the Authority, they have failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice and any expenditure incurred by him in so doing shall be recoverable from the Authority.

Section 43 Survey of tidal works

The Secretary of State may at any time, if he deems it expedient, order a survey and examination of a tidal work and any expenditure incurred by the Secretary of State in such a survey and examination shall be a debt due from the Authority to the Crown and shall be recoverable from the Authority.

Section 44 Permanent lights on tidal works

(1) The Authority shall at the outer extremity of every tidal work exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as Trinity House may from time to time direct.

(2) If the Authority fail without reasonable excuse to comply in any respect with a direction given under this article they shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Section 45 Charges on certain floating articles

In addition to their power to demand, take and recover ship, passenger and goods dues under section 26 of the Harbours Act 1964 the Authority may demand, take and recover in respect of any dracone or floating dock, crane, rig, drilling rig or other floating plant (not being a ship within the meaning of section 57 of that Act) entering, using or leaving the harbour such charges as the Authority think fit, and sections 30 and 31 of that Act (which require lists of charges to be available for inspection and sale; and give a right of objection to ship, passenger and goods dues) shall, with any necessary modifications, apply to the charges authorised by this article as they apply to ship, passenger and goods dues.

Section 46 Charges for services or facilities

In addition to their power to demand, take and recover ship, passenger and goods dues under section 26 of the Harbours Act 1964 the Authority may demand, take and recover such reasonable charges for services and facilities provided by them at the harbour as they may from time to time determine.

Section 47 Payment of charges

(1) A charge which the Authority are for the time being authorised to demand, take and recover in respect of a vessel or goods or otherwise shall be payable before the removal from the harbour of any vessel or goods in respect of which they are payable, and may be demanded, taken and recovered by such persons, at such places, at such times and under such conditions as the Authority may from time to time specify in their published list of charges.

(2) Charges payable to the Authority shall be payable by the owner or master of any vessel or goods in relation to which the charges are payable.

(3) Where charges payable to the Authority may be recovered by them from more than one person, the persons from whom they may be recovered shall be jointly and severally liable.

Section 48 Compounding arrangements and rebates

Nothing in section 30 of the Harbours Act 1964 shall require the Authority to include in the list of ship, passenger and goods dues kept at the harbour office, as required by subsection (1) of that section, charges reduced by a rebate allowed on, or subject to a compounding arrangement in respect of, a due included in the said list.

Section 49 Deposit for charges

The Authority may, if they think fit, require any person who is or may become liable to pay charges to the Authority to deposit with the Authority, or to guarantee, such sum as in the opinion of the Authority is reasonable having regard to the probable amount of the charges.

Section 50 Liens for charges

(1) A person who by agreement with the Authority collects charges on their behalf and who pays or gives security for the payment of charges on goods in his possession shall have a lien on those goods for the amount paid or security given in respect of them.

(2) A wharfinger or carrier who is not himself liable for the payment of charges may pay or by agreement with the Authority give security for charges on goods in his custody, and in that event he shall have a like lien on the goods for the amount of those charges as he would have in respect of his charges for safe custody or carriage of the goods, as the case may be.