The Littlehampton Harbour Revision Order 2015

• Citation: S.I. 2015/1387
• Sections: 22

Section 1 Citation and commencement

(1) This Order may be cited as the Littlehampton Harbour Revision Order 2015 and shall come into force on 10th July 2015.

(2) The 1927 Act , the 1972 Act , the 1986 HRO , the 1988 HRO and this Order may be cited together as the Littlehampton Harbour Acts and Orders 1927 to 2015.

Section 2 Interpretation

In this Order—

“the 1927 Act” means the Littlehampton Harbour and Arun Drainage Outfall Act 1927 ;

“the 1972 Act” means the West Sussex County Council Act 1972 ;

“the 1986 HRO” means the Littlehampton Harbour Revision Order 1986 ;

“the 1988 HRO” means the Littlehampton (Pilotage) Harbour Revision Order 1988 ;

“ the Board ” means the Littlehampton Harbour Board;

“general direction” means a direction given or proposed to be given under article 4;

“the harbour” means Littlehampton Harbour as comprised within the harbour limits;

“the harbour limits” means the limits of the harbour as specified in article 3;

“the harbour master” means a person appointed as such by the Board, and includes his deputies and assistants, and any other person for the time being authorised by the Board to act, either generally or for a specific purpose, in the capacity of harbour master;

“the harbour undertaking” means the undertaking of the Board authorised by the Littlehampton Harbour Acts and Orders 1927 to 2015;

“jet bike” means a personal watercraft propelled by a water-jet engine or other mechanical means of propulsion and steered—

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

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

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

“special direction” means a direction given or proposed to be given under article 7; and

“vessel” means a ship, boat, raft or water craft of any description and includes a non-displacement craft, jet bike, seaplane and any other thing constructed or adapted for floating on or being submerged in water (whether permanently or temporarily) and a hovercraft or any other amphibious vehicle, used or capable of being used as a means of transportation on water.

Section 3 The harbour limits

(1) The limits of the harbour within which the Board exercise jurisdiction as a harbour authority and the area within which the powers of the harbour master are exercisable are—

(a) the River Arun and the estuary thereof below the line of high water mark of ordinary spring tides on the south side of Arundel Bridge, the seaward limits being defined by point A (North 50 degrees 48.014 minutes West 0 degrees 32.844 minutes), point B (North 50 degrees 47.865 minutes West 0 degrees 32.849 minutes), point C (North 50 degrees 47.858 minutes West 0 degrees 32.069 minutes) and point D (North 50 degrees 48.135 minutes West 0 degrees 32.055 minutes); and

(b) the quays, piers, landing places and all other works, land and buildings for the time being vested in, or occupied or administered by the Board as part of the harbour undertaking, whether or not within the area described in sub-paragraph (a).

(2) For the purposes of the Littlehampton Harbour Acts and Orders 1927 to 2015 the limits of the harbour are delineated on the harbour map; and in the event of a discrepancy between the description of the limits of the harbour referred to in paragraph (1) and the limits shown on the harbour map the description of the limits shall prevail.

(3) In paragraph (2) “the harbour map” means the map of the harbour prepared in triplicate, signed by the Chief Executive Officer of the Marine Management Organisation and marked “Littlehampton Harbour Revision Order 2015”, of which two copies have been deposited at the offices of the Marine Management Organisation and one copy has been deposited at the principal office of the Board;

(4) Section 36 of the 1927 Act is repealed.

(5) In the definition of “The harbour” in section 3 of the 1927 Act, for “the section of this Act of which the marginal note is “Limits of harbour”” substitute “article 3 (The harbour limits) of the Littlehampton Harbour Revision Order 2015”.

(6) In the definition of “the harbour” in article 2 (Interpretation) of the 1988 HRO for “section 36 (Limits of harbour) of the Littlehampton Harbour and Arun Drainage Outfall Act 1927” substitute “article 3 (The harbour limits) of the Littlehampton Harbour Revision Order 2015”.

(7) In paragraph (1)(a) the map reference points specified shall be construed as references to coordinates of the World Geodetic System, revised in 1984 and further revised in 2004.

Section 4 Power to give general directions as to use of the harbour, etc.

(1) The Board may, in accordance with the requirements of article 5, give a direction for—

(a) the ease, convenience or safety of navigation;

(b) the safety of persons; or

(c) the protection of property, flora or fauna;

within the harbour.

(2) A direction under this article may apply—

(a) to all vessels or to a class of vessels;

(b) to persons designated in the direction;

(c) to the whole of the harbour or to a part; or

(d) at all times or at certain times or at certain states of the tide;

and every direction must specify the extent of its application in relation to the matters referred to in sub-paragraphs (a), (b), (c) and (d).

(3) The Board may amend or revoke a direction given under paragraph (1).

Section 5 Procedure for giving, amending or revoking general directions

(1) Subject to paragraph (7), if the Board proposes to give, amend or revoke a general direction (“the proposal”), it must—

(a) give notice in writing of the proposal to the Chamber of Shipping and the Royal Yachting Association and to such other persons or organisations as it considers appropriate for the purposes of the application of this provision (“designated consultees”);

(b) consult with the designated consultees upon the proposal and allow a period of not less than 6 weeks from the date of the notice given in accordance with sub-paragraph (a) for written representations to be made by the designated consultees to the Board regarding the proposal;

(c) have regard to any representations made by designated consultees during the consultation;

(d) give notice in writing to the designated consultees following the consultation as to whether the Board proposes to proceed with the proposal and, if so, specifying whether it is making any modifications to the proposal and its reasons for so doing; and

(e) if the Board proposes to proceed with the proposal and a designated consultee has made representations against the proposal, invite that designated consultee to confirm in writing whether they maintain their objection to the proposal within 28 days from the date of the notice given in accordance with sub-paragraph (d), or such longer period as the Board may specify.

(2) Where the Board has complied with paragraph (1), it may proceed with the proposal if—

(a) none of the designated consultees has made representations against the proposal;

(b) none of the designated consultees which made representations against the proposal has confirmed in writing that they are maintaining their objection to the proposal in accordance with paragraph (1)(e); or

(c) where at least one designated consultee has maintained an objection in accordance with paragraph (1)(e), the requirements of paragraph (3) have been complied with.

(3) Where at least one designated consultee has confirmed in writing to the Board that they maintain their objection to the proposal—

(a) the issue must be referred to an independent person (“the adjudicator”) appointed—

(i) by agreement between the Board and each designated consultee maintaining an objection in accordance with paragraph (1)(e) (“the parties”); or

(ii) failing agreement, by the President of the London Maritime Arbitrators Association on the application of either of the parties;

(b) so far as is reasonably practicable within three months of the referral, the adjudicator must—

(i) provide a reasonable opportunity for the parties to make representations to or be heard by the adjudicator at a hearing; and

(ii) make a written report to the parties with findings and recommendations on the issue; and

(c) the Board must decide whether to proceed with the proposal having regard to the adjudicator’s report (but is not bound to give effect to any recommendations) and, once it has decided, must give notice in writing to the designated consultees of its decision and the reasons for that decision.

(4) Except as otherwise provided for in paragraph (3), the adjudicator may determine the procedure for the making of representations and the conduct of any hearing.

(5) The costs incurred by the adjudicator and the parties from a referral under paragraph (3) are to be paid by one or more of the parties as the adjudicator may direct.

(6) If the Board wishes to proceed with the proposal in a form materially different from both the form notified to the designated consultees under paragraph (1)(d) and (where paragraph (3) applies) the form recommended by the adjudicator under paragraph (3)(b), they must proceed, unless all the designated consultees agree in writing that they need not, as if the proposal were a new proposal to which paragraph (1) applies.

(7) Paragraphs (1) to (6) do not apply where in the interests of navigational safety the Board proposes to give, amend or revoke a general direction applying to vessels or persons—

(a) in an emergency; or

(b) relating to an intended activity or operation within the harbour which—

(i) is expected to commence less than four months after the Board is notified or otherwise becomes aware of it;

(ii) is to last less than three months; and

(iii) the Board considers that the giving, amending or revocation of a general direction in relation to that activity or operation is required, taking into account other activities or operations within the harbour which may be affected.

(8) Where the Board proceeds to give, amend or revoke a general direction in accordance with paragraph (7), it must—

(a) as soon as is practicable give notice of the direction, amendment or revocation to those persons who would have been designated consultees had paragraph (1)(a) applied; and

(b) if the direction or amendment is intended to continue in force for more than three months or the revoked direction is not intended to be restored within that period, apply the procedure under paragraphs (1)(b) to (e) and (2) to (6) to the direction, amendment or revocation with the following modifications—

(i) a reference in those paragraphs to the ‘proposal’ is to be read as a reference to the direction, amendment or revocation;

(ii) in paragraph (1)(b), for “sub-paragraph (a)” substitute “paragraph (8)(a)”; and

(iii) a reference in those paragraphs to the Board proceeding with a proposal is to be read as a reference to the Board determining that the direction or amendment should remain in force or the revoked direction should not be restored.

Section 6 Publication of general directions

(1) Subject to paragraph (3), the Board must publish a notice of the giving, amendment or revocation of a general direction as soon as practicable on one occasion in a newspaper circulating in the locality of the harbour.

(2) The notice must state a place at which copies of the general direction as to be given, amended or revoked may be inspected.

(3) In an emergency, the Board may give notice of the giving, amendment or revocation of a general direction in any manner which they consider to be appropriate.

Section 7 Special directions as to use of the harbour, etc.

(1) The harbour master may give a direction which applies to a vessel within the harbour limits for one or more of the following purposes—

(a) requiring compliance with a requirement made in or under—

(i) a general direction;

(ii) a provision of the Littlehampton Harbour Acts and Orders 1927 to 2015; or

(iii) a byelaw or other enactment of local application to the harbour or to the Board;

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

(c) requiring the removal of a vessel from any part of the harbour if—

(i) it is on fire;

(ii) it is in such condition as to be liable to become immobilised or waterlogged, or to sink, or to constitute a danger to life or property;

(iii) it is making an unlawful use of the harbour or interfering with the reasonable use or enjoyment of the harbour by other persons or vessels or the carrying on of business in the harbour;

(iv) it is necessary to enable maintenance or repair work to be carried out in the harbour or to premises adjacent to the harbour; or

(v) its removal is considered by the harbour master to be necessary in order to ensure the safety of persons or the protection of property, flora or fauna or of any part of the harbour referred to in paragraph (3);

(d) regulating the loading, discharging, storing or safeguarding of the cargo, fuel, water or stores of a vessel and the discharge of its business at the harbour;

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

(f) regulating the speed of a vessel;

(g) regulating the use of the motive power of a vessel;

(h) prohibiting or restricting the use of fires or lights; or

(i) as to the discharge or use of ballast.

(2) The harbour master may give a direction which applies to—

(a) a person;

(b) all vessels; or

(c) all vessels of a particular class

within the harbour for one or more of the purposes in paragraph (1)(a).

(3) A special direction may be given in the interests of the conservation of, or prevention of damage to, any part of the harbour where that part has been designated, or otherwise given special protection or status, under any enactment by reason of its natural beauty, fauna, flora or archaeological or geological or physiographical features or any other natural features.

(4) A special direction may be served in a manner considered by the harbour master to be appropriate and, where it is in respect of a vessel, must be addressed to the master of that vessel.

(5) Where a special direction is to be given which applies to a person, the harbour master must, where possible, specify a particular person to whom the direction is addressed, either by name or by a description sufficient to enable the person to be readily identified.

(6) The harbour master may amend or revoke a special direction.

Section 8 Failure to comply with directions

(1) A person who fails to comply with a general direction or special direction is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(2) In any proceedings for an offence under paragraph (1) it is a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

Section 9 Enforcement of special directions

(1) Without prejudice to any other remedy available, if a special direction applying to a vessel is not complied with within a reasonable time, the harbour master may board the vessel to carry out the direction or may otherwise cause the vessel to be handled in accordance with the direction.

(2) Except in an emergency, the powers conferred by paragraph (1) may only be exercised at least 48 hours after the giving of the special direction.

(3) Expenses incurred in the exercise of the powers conferred by paragraph (1) are recoverable by the Board as if they were a charge of the Board in respect of the vessel.

Section 10 Master’s responsibility in relation to directions

A general direction or special direction applying to a vessel does not diminish or in any other way affect the responsibility of the master of that vessel to persons on board that vessel, to the cargo of that vessel or to any other person or property.

Section 11 Harbour services and facilities

(1) The Board may, within the confines of its statutory duties, provide, maintain, operate and improve such harbour services and facilities in, or in the vicinity of, the harbour as it considers necessary or desirable and take such action as it considers incidental to the provision of such services and facilities.

(2) No other provision of the Littlehampton Harbour Acts and Orders 1927 to 2015 shall prejudice or derogate from the generality of paragraph (1).

Section 12 Boarding of vessels

A duly authorised officer of the Board may, on producing written authority signed by the harbour master, enter and inspect a vessel in the harbour—

(a) for the purpose (including its enforcement) of—

(i) an enactment relating to the Board;

(ii) a byelaw of the Board;

(iii) a general direction; or

(iv) a special direction; or

(b) to prevent or extinguish fire,

but, except in an emergency, no entry of a vessel may take place without prior notice having been given to the owner or the person appearing to have charge of the vessel at least 48 hours before entry; and the notice must include a copy of this article.

Section 13 Information for the purpose of landing charges

(1) Subject to paragraph (4), the Board may request the owner or master of a vessel to provide details in writing of—

(a) the number of persons embarking on or disembarking from that vessel within the harbour; or

(b) the weight, quantity, volume and composition of cargo being loaded onto or unloaded from that vessel within the harbour,

to determine whether any published landing fees or other charges are payable.

(2) A request under paragraph (1) may apply to a single vessel movement or (in the case of a vessel which habitually uses the harbour) to every occasion upon which the vessel arrives at or departs from the harbour.

(3) An owner or master of a vessel receiving a request under paragraph (1) must provide the details in writing within such period (not less than 24 hours) after the arrival or departure of the vessel as specified by the Board.

(4) Paragraph (1) does not apply in relation to non-commercial vessels occupying moorings within the harbour under licences granted by the Board, or to vessels paying visiting berthing rates to the Board.

(5) For the purposes of paragraph (4) a non-commercial vessel is a vessel used for sport or recreation other than a vessel which is carrying, or is available to carry, members of the general public for hire or reward.

(6) A person who without reasonable excuse—

(a) fails to comply with a request under paragraph (1) in accordance with paragraph (3); or

(b) in response to such a request provides information which he knows to be false, or recklessly provides information which is false in a material particular,

is guilty of an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Section 14 Obstruction of officers

A person who—

(a) intentionally obstructs or threatens an officer of the Board acting in pursuance of the performance of his functions; or

(b) without reasonable excuse fails to give such an officer information (including name and address) which the officer requires for the purpose of the performance of his functions, or gives such information which he knows to be false,

is guilty of an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Section 15 Crown rights

(1) Nothing in this Order shall-

(a) prejudicially affect any estate, right, power, privilege, authority or exemption of the Crown; or

(b) authorise the undertaker to take, use, enter upon or in any manner interfere with, any land or hereditaments or rights of whatsoever description (including any part of the shore or bed of the sea or any river, channel, creek, bay or estuary) belonging to-

(i) Her Majesty in right of the Crown and under the management of the Crown Estate Commissioners without the prior consent in writing of those Commissioners; or

(ii) a government department or held in trust for Her Majesty for the purposes of a government department without the consent in writing of that government department.

(2) A consent under paragraph (1)(b) may be given unconditionally, or may be subject to such conditions and upon such terms as may be considered necessary or appropriate.

Section 16 Methods of service

(1) Without prejudice to the discretion of the harbour master under article 7(4) and subject to the following provisions of this article, a notice or other document required or authorised to be served under this Order or a direction given under this Order, must be in writing and may be served by first class post.

(2) Where a person to be served with a notice or other document is a body corporate, the notice or document is duly served if it is served on a secretary or clerk of that body.

(3) Where a person to be served with a notice or other document has agreed in writing that service may be by email or other electronic means, the Board may employ that method of service until such time as the person informs the Board that they are no longer willing to receive notices or documents by that method of service.

(4) For the purposes of section 7 of the Interpretation Act 1978 as it applies for the purposes of this article, the proper address of a person for service under paragraph (1) is, if the person has given an address for service, that address, and otherwise—

(a) in the case of the secretary or clerk of a body corporate, the registered or principal office of that body; and

(b) in any other case, the person’s last known address at the time of service.

(5) Where a notice or other document is required or authorised to be served on a person whose name and address cannot be ascertained after reasonable inquiry—

(a) in the case of a notice or document to be served on a person as having an interest in, or as the occupier of, any land, it may be served by—

(i) addressing it to the person by name or by the description of “owner” or “occupier” of the land (describing it); and

(ii) either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land;

(b) in the case of a notice or document relating to a vessel (including a wreck), it may be served by exhibiting it in a conspicuous position on or near the vessel, unless it would not be reasonably practicable to exhibit the notice or document in this manner, or if the notice or document would not be likely to be seen if it were so exhibited, or by handing it to a member of the crew; and

(c) in the case of any other notice or document or a notice or document that is not capable of being served pursuant to sub-paragraph (b) it may be served by displaying it at the office of the harbour master for the period of its duration.

(6) This article does not exclude the employment of any method of service not expressly provided for by it.

Section 17 Revocation of byelaws

(1) The Board may make byelaws for the revocation of byelaws made under the Littlehampton Harbour Acts and Orders 1927 to 2015 or made by the Board under other legislation.

(2) A byelaw made under this article must be made under the common seal of the Board, and will not have effect until the requirements of this article have been satisfied.

(3) Upon making a byelaw, notice must be given in at least one local newspaper circulating in the area to which the byelaw applies.

(4) For at least one month after the making of a byelaw, a copy of the byelaw must be deposited at the offices of the Board and the Angmering Park Trustees Estate Office and must at all reasonable hours be available for public inspection without payment.

(5) The Board must have regard to all representations received during the period when the byelaw has been made available under paragraph (4), in order to decide whether to confirm the byelaw with or without amendments.

(6) A copy of the confirmed byelaw must be printed and deposited in the offices of the Board and must at all reasonable hours be available for public inspection without payment.

Section 18 Power to grant tenancies and to dispose of land

(1) The Board may, for the purposes of, or in connection with the management of, the harbour, lease or grant the use or occupation of, or any right or interest in or over, land, works, buildings, machinery, equipment or other property forming part of the harbour undertaking for such period, at such rents and other considerations and on such terms and conditions as may be agreed between the Board and the person taking the same.

(2) The Board may also dispose of, or grant the use or occupation of, property vested in the Board and held by the Board for the management of the harbour which is no longer required for that purpose.

Section 19 Commercial activities

(1) The Board may carry on a trade or business of any kind that conduces to the efficient and economical performance by the Board of the management of the harbour including a trade or business carried on in conjunction with another person.

(2) Without prejudice to the generality of paragraph (1) the Board may for the purposes of the management of the harbour form, invest in and promote, or join with another person in forming, investing in and promoting, companies for investing in, using or developing for any purpose, or for carrying on a trade or business in, the harbour.

Section 20 Amendment of the 1927 Act

For section 70(2) of the 1927 Act, substitute —

(2) A person who contravenes a byelaw made by the Harbour Board under the powers of the Harbours Docks and Piers Clauses Act 1847 or this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Section 21 Savings

Nothing in this Order shall affect prejudicially any estate, right, power, privilege, liberty, franchise or exemption of—

(a) the Duke of Norfolk and Earl of Arundel; or

(b) Arun District Council.

Section 22 Saving for Trinity House

Nothing in this Order shall prejudice or derogate from any of the rights, duties or privileges of the Corporation of Trinity House of Deptford Strond.