The Cornwall Harbours Harbour Revision Order 2023

• Citation: S.I. 2023/675
• Sections: 124

Section 1 Citation, commencement and extent

(1) This Order may be cited as the Cornwall Harbours Harbour Revision Order 2023 and shall come into force on 14th July 2023.

(2) This Order extends to England and Wales.

Section 2 Interpretation

(1) In this Order—

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

“ the Act of 1964 ” means the Harbours Act 1964;

“ the Act of 1995 ” means the Merchant Shipping Act 1995 ;

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

“ ashore ” means all those parts of the harbours which are not constituted of land covered by water at the level of low water;

“ the Board ” means the Cornwall Harbours Board constituted by Part 2;

“ Bude Harbour Limits Plan ” means the plan prepared in duplicate, signed on behalf of the Marine Management Organisation and marked “Signed Bude Harbour Limits Plan referred to in the Cornwall Harbours Harbour Revision Order 2023” one copy of which is deposited with the offices of the Marine Management Organisation and one copy at the principal office of the Council;

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

“ commercial refuelling activities ” means recharging or emptying (in whole or part) a vessel with fuel in exchange for financial payment or other valuable consideration;

“ Cornwall Harbours User Group ” means the relevant consultative body or bodies established by the Council in accordance with the requirements of article 13 (advisory bodies);

“ the Council ” means Cornwall Council;

“ electronic communications network ” has the meanings given by section 32 of the Communications Act 2003 (meaning of electronics communications networks and services);

“ enactment ” means any enactment whether public general or local and includes any order, byelaw, rule, regulation, scheme or other instrument having effect by virtue of an enactment;

“ Existing Port of Penryn Reserve ” means the sum of £683,000 held as a reserve fund at the date of this Order for the Port of Penryn;

“ Existing Port of Truro Reserve ” means the sum of £725,000 held as a reserve fund at the date of this Order for the Port of Truro;

“ financial year ” means any period of 12 months ending on thirty first day of March;

“ functions ” includes powers and duties;

“ general direction ” means a direction given under article 31 (power to make general directions as to use of the harbours, etc.);

“ general reserve fund ” means the reserve fund to be established, maintained and used by the Council under article 17 (general reserve fund);

“ harbours ” means the ports and harbours of Bude, Newquay, Penryn, Penzance, Portreath, Portscatho, Portwrinkle, Prince of Wales Pier (in Falmouth), St Ives and Truro, the limits of which are defined in Schedule 1 (limits of the harbours);

“ Harbour Empowerment Order ” means the Portreath, Portscatho and Portwrinkle Harbour Empowerment Order 2023;

“ harbour facilities ” means shipping, fisheries, marine, recreational, leisure, tourism and retail facilities (including buildings);

“ harbour limits plans ” means the Bude Harbour Limits Plan, the Newquay Harbour Limits Plan, the Port of Penryn Harbour Limits Plan, the Penzance Harbour Limits Plan, the Portreath Harbour Limits Plan, the Portscatho Harbour Limits Plan, the Portwrinkle Harbour Limits Plan, the Prince of Wales Pier Harbour Limits Plan, the St Ives Harbour Limits Plan and the Port of Truro Harbour Limits Plans ;

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

“ harbour operations ” includes—

the marking, lighting or dredging of the harbours or any part thereof;

the berthing, storage, mooring or dry docking of a vessel;

the laying and maintenance of moorings or other similar apparatus in the harbour;

the warehousing, sorting, weighing or handling of goods;

the movement of goods and vehicles (including parking, designated and prohibited areas, speed limits, removal from the harbours);

the towing, or moving of a vessel;

the loading or unloading of goods, or embarking or disembarking of passengers;

energy generation or storage;

the control of use of the harbours by members of the public and other third parties (including movement, conduct, authorised activities, designated and prohibited areas) but not so as to cause an interference with any public right of way;

“ harbour premises ” means land above the level of low water within the areas shown outlined red on the harbour limits plans for the time being vested in or occupied or administered by the Council as part of the undertaking and occupied wholly or mainly for the purpose of activities there carried on; which may include docks, quays, piers, wharves, berths, locks, breakwaters, landing places, yards, roads, car parks, sheds, buildings and all other works and conveniences, land and premises, shown for illustrative purposes shaded green on the harbour limits plans;

“ harbours revenue ” means and includes all moneys receivable by the Council for and in relation to the undertaking other than borrowed moneys and moneys which ought to be carried to capital account;

“ hovercraft ” means a vehicle which is designed to be supported when in motion wholly or partly by air expelled from the vehicle to form a cushion of which the boundaries include the ground, water or other surface beneath the vehicle;

“ land ” includes land covered by water;

“ level of high water ” means the level of mean high water spring tides;

“ level of low water ” means the level of mean low water spring tides;

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

“ Newquay Harbour Limits Plan ” means the plan prepared in duplicate, signed on behalf of the Marine Management Organisation and marked “Signed Newquay Harbour Limits Plan referred to in the Cornwall Harbours Harbour Revision Order 2023” one copy of which is deposited at the offices of the Marine Management Organisation and one copy at the principal office of the Council;

“ operator ” has the meaning given by paragraph 2 of Schedule 3A to the Communications Act 2003 (the electronic communications code);

“ Penzance Harbour Limits Plan ” means the plan prepared in duplicate, signed on behalf of the Marine Management Organisation and marked “Signed Penzance Harbour Limits Plan referred to in the Cornwall Harbours Harbour Revision Order 2023” one copy of which is deposited at the offices of the Marine Management Organisation and one copy at the principal office of the Council;

“ Port of Penryn Harbour Limits Plan ” means the plan prepared in duplicate, signed on behalf of the Marine Management Organisation and marked “Signed Port of Penryn Harbour Limits Plan referred to in the Cornwall Harbours Harbour Revision Order 2023” one copy of which is deposited at the offices of the Marine Management Organisation and one copy at the principal office of the Council;

“ Port of Penryn Reserve Fund ” means the reserve fund that may be established and maintained by the Council for the Port of Penryn under article 16 (Port of Penryn reserve fund);

“ Port of Truro Harbour Limits Plans ” means the three plans prepared in duplicate and signed on behalf of the Marine Management Organisation, one copy of each of which is deposited at the offices of the Marine Management Organisation and one copy of each at the principal office of the Council, and marked respectively—

the “Signed Port of Truro (Overview) Harbour Limits Plan referred to in the Cornwall Harbours Harbour Revision Order 2023”;

the “Signed Port of Truro (North) Harbour Limits Plan referred to in the Cornwall Harbours Harbour Revision Order 2023”; and

the “Signed Port of Truro (South) Harbour Limits Plan referred to in the Cornwall Harbours Harbour Revision Order 2023”;

“ Port of Truro Reserve Fund ” means the reserve fund that may be established and maintained by the Council for the Port of Truro under article 15 (Port of Truro reserve fund);

“ Portreath Harbour Limits Plan ” means the plan prepared in duplicate, signed on behalf of the Marine Management Organisation and marked “Signed Portreath Harbour Limits Plan referred to in the Portreath, Portscatho and Portwrinkle Harbour Empowerment Order 2023” one copy of which is deposited at the offices of the Marine Management Organisation and one copy at the principal office of the Council;

“ Portscatho Harbour Limits Plan ” means the plan prepared in duplicate, signed on behalf of the Marine Management Organisation and marked “Signed Portscatho Harbour Limits Plan referred to in the Portreath, Portscatho and Portwrinkle Harbour Empowerment Order 2023” one copy of which is deposited at the offices of the Marine Management Organisation and one copy at the principal office of the Council;

“ Portwrinkle Harbour Limits Plan ” means the plan prepared in duplicate, signed on behalf of the Marine Management Organisation and marked “Signed Portwrinkle Harbour Limits Plan referred to in the Portreath, Portscatho and Portwrinkle Harbour Empowerment Order 2023” one copy of which is deposited at the offices of the Marine Management Organisation and one copy at the principal office of the Council;

“ Prince of Wales Pier Harbour Limits Plan ” means the plan prepared in duplicate, signed on behalf of the Marine Management Organisation and marked “Signed Prince of Wales Pier Harbour Limits Plan referred to in the Cornwall Harbours Harbour Revision Order 2023” one copy of which is deposited at the offices of the Marine Management Organisation and one copy at the principal office of the Council;

“ special direction ” means a direction given under article 34 (special directions);

“ statutory undertaker ” means—

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

a coast protection authority within the meaning of section 1 of the Coast Protection Act 1949 (coast protection authorities);

any operator of an electronic communications network;

“ St Ives Harbour Limits Plan ” means the plan prepared in duplicate, signed on behalf of the Marine Management Organisation and marked “Signed St Ives Harbour Limits Plan referred to in the Cornwall Harbours Harbour Revision Order 2023” one copy of which is deposited at the offices of the Marine Management Organisation and one copy at the principal office of the Council;

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

“ undertaking ” means the harbours undertaking for the time being of the Council relating to any or all of the harbours as authorised by this Order and the Acts and Orders listed in Schedule 5 (Acts and Orders) (to the extent that those Acts and Orders relate to the harbours or any one of them);

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

“ vessel ” includes a ship , boat, houseboat, raft or craft of any description, however propelled or moved, and includes non-displacement craft, watercraft, a hydrofoil vessel, or any amphibious vehicle and any other thing constructed or adapted for floating on or being submersed in water (whether permanently or temporarily);

“ watercraft ” means any type of craft which—

is capable of moving under its own mechanical power;

is used, navigated or situated wholly or partially in or on water; and

is capable of being used to carry one or more persons,

but does not include a ship or fishing vessel within the meanings given in section 313(1) of the Act of 1995.

(2) The definitions of the harbours in this Order shall apply to those Acts and Orders listed in Schedule 5 (Acts and Orders) (to the extent those Acts and Orders relate to the harbours or any one of them).

(3) All situations, points, directions, distances, lengths, dimensions, areas and other measurements stated in this Order shall be construed as if the words “or thereabouts” were inserted after each such situation, point, direction, distance, length, dimension, area or other measurement.

(4) In this Order longitude and latitude are stated by reference to the World Geodetic System (WGS84), revised in 1984 and further revised in 2004.

Section 3 Incorporation of provisions of Harbours, Docks and Piers Clauses Act 1847

(1) The Act of 1847 (except sections 6 to 26, 28 to 31, 42, 48 to 50, 67, 70, 84 to 92 and 99 to 102) (so far as applicable to the purposes and not inconsistent with the provisions of this Order) is incorporated with this Order subject to the modifications stated in paragraphs (2) to (5).

(2) Section 33 of the Act of 1847 (harbour, dock, and pier free to the public on payment of rate) shall not apply to the Prince of Wales Pier.

(3) Section 63 of the Act of 1847 (penalty on vessels lying near the entrance of harbour or dock without permission) shall have effect subject to the modification that for the words from “liable to” to the end of the section there are substituted the words “guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale” .

(4) Section 69 of the Act of 1847 (combustible matters on quays, &c., to be removed) shall have effect subject to the modification that for the words from “shall forfeit” to the end of the section there are substituted the words “shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale” .

(5) In construing the provisions of the Act of 1847 as incorporated with this Order—

(a) the expression “ the special Act ” means this Order;

(b) the expression “ the undertakers ” means the Council;

(c) the expression “ the harbour, dock, or pier ” shall mean the harbours, and includes those docks, piers, berths, quays, landing places and wharves forming part of the harbour premises;

(d) for the definition of the word “vessel” in section 3 of the Act of 1847 (interpretation) there shall be substituted the definition of that word in article 2(1) of this Order;

(e) the reference in section 53 of the Act of 1847 (penalty on shipmasters not complying with directions of the harbour master) to notice of a direction by the harbour master served upon a vessel shall not be construed as requiring the notice to be in writing if in the circumstances it is not reasonably practicable for the harbour master to serve a written notice on the master, and in such circumstances the said reference may be construed as including the communication of the notice orally or otherwise.

Section 4 Harbours Jurisdiction

(1) The Council shall exercise jurisdiction as a harbour authority within the meaning of section 57 of the Act of 1964 (interpretation), and the powers of the harbour master shall be exercisable within the harbours, the limits of which are described in Schedule 1 to this Order (limits of the harbours) and shown on the harbour limits plans.

(2) In the event of any discrepancy between the descriptions of the boundaries of the harbours referred to in Schedule 1 (limits of the harbours) and the boundaries shown on the harbour limits plans the limits as shown on the harbour limits plans shall be deemed to be correct and shall prevail.

(3) For and incidental to the performance of its functions under this Order, the Council may employ and appoint harbour masters.

(4) The Council shall, within the harbours, be a local lighthouse authority within the meaning of sections 193 (general and local lighthouse authorities) and 201 (powers of harbour authorities) of the Act of 1995.

Section 5 General functions

(1) The Council may, subject to the provisions of this Order, take all such steps from time to time as it considers necessary or desirable for the maintenance, operation, management and improvement of the harbours and the harbour facilities provided within or in connection with the harbours, and for the conservation of the harbours’ flora, fauna and geological and physiographical features of special interest.

(2) For those purposes and without limiting the scope of paragraph (1), the Council may—

(a) improve, maintain, regulate, manage, mark and light the harbours and provide harbour facilities therein;

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

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

(ii) operate, maintain, renew, alter, extend, demolish and reconstruct structures, harbour facilities, works and equipment in the harbours including those executed or placed in accordance with sub-paragraph (i),

(c) acquire land;

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

(3) The Council must, from time to time, formulate, publish and review a business plan or business plans (“Harbours Business Plan”) in relation to its maintenance, conservation, operation, management and improvement of the undertaking, which it must have regard to when performing its functions.

(4) In the exercise of the powers of sub-paragraph (2)(b), the Council must not—

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

(b) do anything which obstructs or impedes any work relating to the inspection or repair of any such apparatus, without the consent of the statutory undertaker concerned.

(5) This article is without limitation of the powers of the Council under or by virtue of any other enactment.

Section 6 Establishment of a Board

(1) Within 12 weeks of this Order coming into force the Council must establish a Board of between 10 and 12 members constituted and appointed as provided for within this Order and they and their successors from time to time appointed under this Order shall be called the “ Cornwall Harbours Board ”.

(2) The purpose of the Board shall be to administer the harbours on behalf of the Council with the powers that can be exercised by the Board set out in Schedule 2 (provisions applying to the Board).

Section 7 Composition of the Board

(1) From the establishment of the Board, the composition of the Board shall be as follows—

(a) five or six members of the Council; and

(b) five or six independent lay members.

(2) Each person appointed under paragraph (1) must be a person who appears to the Council to have special knowledge, experience or ability appropriate to the efficient, effective and economic discharge by the Board of its functions including, but not limited to, special knowledge, experience or ability in one or more of the following matters—

(a) maritime industry and activities;

(b) commerce;

(c) health and safety;

(d) management;

(e) public relations and community issues;

(f) industrial relations;

(g) shipping, fishing or cargo handling;

(h) accountancy or financial management;

(i) boating and other water related leisure activities;

(j) environmental matters affecting harbours;

(k) any other skills and abilities considered from time to time by the Council to be relevant to the discharge by the Board of its functions.

(3) The Council must secure, so far as reasonably practicable, that the persons appointed by it under paragraph (1) between them have special knowledge, experience and ability in a broad and complementary range of matters relevant to the efficient, effective and economic discharge by them of the Board’s functions.

(4) In making an appointment under paragraph (1)(b) the Council must act in accordance with, and in making an appointment under paragraph (1)(a) the Council must have regard to, any guidance issued by the Secretary of State from time to time with regards to exercise of such functions.

(5) All members of the Board appointed under paragraph (1) shall be bound by the Code of Conduct for Cornwall Council members and co-opted members (or replacement) in force at that time.

Section 8 Non-voting Co-opted members

From the establishment of the Board, the Board may from time to time co-opt no more than five persons to attend Board meetings as additional (non-voting) attendees for a fixed term of up to 12 months.

Section 9 Terms of office for Board members

(1) The first appointments to the Board made by the Council under article 7(1)(a) must be made within 12 weeks of this Order coming into force, with the terms of the members appointed continuing until the next annual meeting of the Council.

(2) At the annual meeting of the Council referred to in paragraph (1) the terms of the members appointed to the Board by the Council in accordance with article 7(1)(a) shall be until the end of the current administrative period of the Council.

(3) All subsequent appointments made to the Board by the Council in accordance with article 7(1)(a) must be made for a term of office until the end of the administrative period of the Council during which the appointment takes place.

(4) The first appointments made to the Board in accordance with article 7(1)(b) must be made within 12 weeks of this Order coming into force.

(5) Those appointed under article 7(1)(b) shall initially serve for the following terms—

(a) one or two independent lay members for a term of one year;

(b) two independent lay members for a term of two years;

(c) two independent lay members for a term of three years.

(6) All subsequent appointments made under article 7(1)(b) unless the appointment is made to fill a casual vacancy shall be made for a period of three years with a maximum period of three consecutive terms of three years being allowed, the third term only in exceptional circumstances following public advertisement of the role and a competitive appointment process.

Section 10 Casual vacancies

(1) A casual vacancy arising in the office of a duly appointed member of the Board must, unless it is not reasonably practicable to do so, be filled by the appointment of a Board member by the Council in accordance with the requirements of articles 7 (composition of the Board) and 9 (terms of office for Board members).

(2) If a member of the Board appointed under article 7(1)(a) ceases to be a member of the Council or is suspended or disqualified from being a councillor, the Council must appoint a replacement member at its next meeting, whose term shall run until the end of the administrative period of the Council during which the appointment takes place.

(3) A member of the Board appointed to fill a casual vacancy under this article shall, if appointed under article 7(1)(b) hold office as a member of the Board for the remainder of the term of the member of the Board in whose place that person has been appointed.

Section 11 Disqualification or removal of Board members

(1) If the Board is satisfied that a member of the Board—

(a) appointed under article 7(1)(a) ceases to be a member of the Council or becomes suspended or disqualified from the Council;

(b) appointed under article 7(1)(b) becomes bankrupt;

(c) appointed under article 7(1)(b) is incapacitated by physical or mental illness from discharging their duties as a member of the Board and the Board does not consider there is merit from the Board exercising its powers under paragraph (2) and as set out in Schedule 2 (provisions applying to the Board);

(d) has been absent from any meeting of the Board for six consecutive months or more than three meetings in any 12 month period without the permission of the Board;

(e) has been removed in accordance with the Council’s constitution,

that member shall be disqualified from being a member of the Board.

(2) If the Board is satisfied that any member of the Board—

(a) has acted in a manner which has seriously impeded or prejudiced the Board in the performance of its functions;

(b) has failed to declare an interest or to comply with the standards of behaviour required for members of the Board;

(c) has acted in a manner which may bring the Board into disrepute or which is inappropriate having regard to the functions of the Board;

(d) is otherwise unable, unwilling or unfit to discharge adequately their duties as a member of the Board,

the Council may, or the Board may by resolution request the Council in writing to, remove a member appointed under article 7(1) and on removal of the member treat the vacancy as a casual vacancy.

Section 12 Meetings of the Board

Meetings of the Board shall be governed by the provisions as set out in Schedule 2 (provisions applying to the Board).

Section 13 Advisory bodies

(1) The Council must establish one or more advisory bodies which the Council must (except in an emergency) consult on all matters substantially affecting the management, maintenance, improvement, conservation, protection or regulation of the harbours and their navigation.

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

(3) The Council must take into consideration within a reasonable period any matter, recommendation or representation which may from time to time be referred or made to it by such an advisory body whether or not that advisory body has been consulted by the Council on the matter, recommendation or representation so referred or made.

(4) Any advisory body established under this article must consist of such number or numbers of persons appointed by the Council as the Council from time to time considers appropriate.

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

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

(7) An individual member of any such advisory body may hold office for the period of three years from the date of their appointment and at the end of that period shall be eligible for reappointment.

(8) A member of any such advisory body may resign their office at any time by notice in writing given to the Council.

Section 14 Application of finances

The Council must apply the harbours revenue in the manner following and not otherwise—

(a) first in payment of the working and establishment expenses and cost of maintenance of the harbours;

(b) secondly in payment of the interest on any moneys borrowed by the Council for the harbours under any statutory borrowing power;

(c) thirdly in payment of all other expenses properly chargeable to harbours revenue;

(d) fourthly to the general reserve fund established under article 17 (general reserve fund).

Section 15 Port of Truro Reserve Fund

(1) The Council may establish and maintain a Port of Truro Reserve Fund and carry to it the Existing Port of Truro Reserve.

(2) Any reserve fund established or maintained under this article must be applied by the Council in its discretion—

(a) in or towards payment of the cost of renewing, improving, extending or replacing any part of the works forming part of the Port of Truro or any vessels, plant or equipment of the Council connected to the Port of Truro;

(b) for improving the operational area and the navigation of the Port of Truro and the approaches to the Port of Truro;

(c) for any other lawful purpose sanctioned by the Council and connected with the Port of Truro.

Section 16 Port of Penryn Reserve Fund

(1) The Council may establish and maintain a Port of Penryn Reserve Fund and carry to it the Existing Port of Penryn Reserve.

(2) Any reserve fund established or maintained under this article must be applied by the Council in its discretion—

(a) in or towards payment of the cost of renewing, improving, extending or replacing any part of the works forming part of the Port of Penryn or any vessels, plant or equipment of the Council connected to the Port of Penryn;

(b) for improving the operational area and the navigation of the Port of Penryn and the approaches to the Port of Penryn;

(c) for any other lawful purpose sanctioned by the Council and connected with the Port of Penryn.

Section 17 General reserve fund

(1) The Council must establish and maintain a general reserve fund.

(2) The Council must carry to the general reserve fund such part of the harbours revenue as may be available for the purpose in accordance with article 14(d).

(3) Any reserve fund established or maintained under this article must be applied by the Council in its discretion—

(a) in or towards meeting any deficiency in the harbours revenue account in any year;

(b) to meet any extraordinary claim or demand in respect of the undertaking;

(c) in or towards payment of the cost of renewing, improving, extending or replacing any part of the works forming part of the undertaking or any vessels, plant or equipment of the Council connected to the undertaking;

(d) for improving the operational area and the navigation of the harbours and the approaches to the harbours;

(e) for any other lawful purpose sanctioned by the Council and connected with the undertaking.

Section 18 Borrowing

(1) The Council may from time to time, for the general purposes of the undertaking, borrow upon the security of all or any of the harbours revenue and property and by any method or methods which it sees fit such sums of money as it considers necessary.

(2) Moneys borrowed under paragraph (1) may be applied only to purposes to which capital money is properly applicable.

(3) Without limiting the scope of paragraph (2), purposes to which capital money is properly applicable shall be deemed to include—

(a) any major works of repair or maintenance of any part of the works forming part of the undertaking;

(b) the payment of any interest falling due within the five years immediately following the date of the borrowing of any sum of money borrowed by the Council under this article;

(c) the repayment within 12 months from the date of borrowing of any sum for the time being outstanding by way of principle on any amount previously borrowed;

(d) a payment relating to pensions paid or to be paid to past or present employees of the Council whose employment related to the undertaking or to the family or dependants of such persons.

Section 19 Aids to navigation

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

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

Section 20 Repair of landing places, etc.

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

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

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

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

to remedy its condition to the Council’s reasonable 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 Secretary of State on an appeal may substitute therefore—

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

(b) the Council 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 must have annexed to it a copy of this article.

(5) A person aggrieved by a notice served by the Council under this article may, during the period of 21 days beginning with the date on which the notice was served, appeal to the Secretary of State against the notice.

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

(7) A person who appeals under paragraph (5) must give to the Council notice of the appeal accompanied by a copy of the statement of appeal; and the Council shall, within 21 days of receipt of the notice, be entitled to furnish to the Secretary of State its observations on the appeal.

(8) On an appeal under paragraph (5), the Secretary of State shall either quash the notice, modify its requirements or dismiss the appeal.

(9) In this article “owner”, “lessee” and “ occupier ”, in relation to a relevant feature, means the person who was the “owner”, “lessee” or “occupier” of the relevant feature at the date the notice is served, or if the “owner”, “lessee” or “occupier” of the relevant feature is not readily identifiable, the “owner”, “lessee” or “occupier” of the land on which the relevant feature is situated at the date the notice is served.

Section 21 Restriction of works and dredging

(1) Subject to paragraph (3), no person other than the Council shall, on, under, in or over tidal waters or land below the level of high water in the harbours—

(a) construct, alter, renew or extend any works, unless that person is licensed to do so by a works licence and except upon the terms and conditions, if any, upon which the licence is granted and in accordance with plans, sections and particulars approved under article 23 (licensing of works);

(b) dredge, unless that person is licensed to do so by a dredging licence and except upon the terms and conditions, if any, upon which the licence is granted and in accordance with the plans, sections and particulars approved under article 24 (licence to dredge).

(2) The Council 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 thereof to its former condition; and if that person fails to comply with the notice, the Council may carry out the works so required and may recover from that person the cost of so doing.

(3) Nothing in this article shall apply to—

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

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

(c) any operations or works authorised by a moorings licence granted under article 52 (power to licence moorings).

(4) 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 4 on the standard scale.

Section 22 Control of certain operations and works of statutory undertakers

(1) This article applies to any operations or works in the harbours of a statutory undertaker on, under, in 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 must 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 Council and has supplied the Council with such particulars as it may reasonably require.

(3) Where, in an emergency, it is impracticable to give notice as required by paragraph (2), the statutory undertaker must inform the Council 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 Council 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 23 Licensing of works

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

(2) An application for a works licence must be made in writing to the Council and must—

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

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

and, in granting a licence, the Council may require modifications in the plans, sections and particulars so submitted.

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

(4) As a condition of the granting of a licence, the Council may require a licensee, being an applicant to whom a licence has been granted or the applicant’s successor, where works are to be constructed in accordance with the licence, to pay such reasonable fees in respect of the Council’s administrative expenses and overheads in supervising or inspecting where necessary the construction or maintenance of the works.

(5) Where the Council refuses to grant a works licence which has been applied for it must give reasons in writing for its refusal.

(6) Where the Council grants a works licence upon terms or conditions or requires any modification in the plans and particulars, it must give reasons in writing for the terms and conditions imposed or the modifications required.

(7) If within 16 weeks from the receipt of the application under paragraph (2) the Council does not grant a works licence, it shall be deemed to have refused the application.

(8) When carrying out operations pursuant to a works licence, the holder of the licence must not—

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

(b) do anything which obstructs or impedes any work relating to the inspection or repair of any such apparatus,

without the consent of the statutory undertaker concerned.

Section 24 Licence to dredge

(1) The Council may upon such terms and conditions as it thinks fit grant to any person a licence to dredge in any part of the harbours.

(2) An application for a dredging licence must be made in writing to the Council and must 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 Council may require modifications in the plans, sections and particulars so submitted.

(3) Paragraphs (3) to (8) of article 23 (licensing of works) shall apply in relation to a dredging licence as they apply in relation to a works licence.

(4) Any materials, other than wreck within the meaning of Part IX of the Act of 1995 (salvage and wreck), taken up or collected by means of dredging pursuant to a dredging licence—

(a) shall be the property of the holder of the licence; and

(b) the holder of the licence may use, sell or otherwise dispose of or remove or deposit the materials as they think fit provided that no such material shall be laid down or deposited in any place within the harbours below the level of high water except—

(i) in such positions as may be approved by the Council, and

(ii) subject to such conditions as may be imposed by the Council.

(5) If it appears to the holder of the dredging licence that the Council has unreasonably withheld or refused its approval under paragraph (4) or that any condition imposed by the Council under that paragraph is unreasonable, that person may within 28 days from the date on which the Council notifies the applicant of its decision, appeal to the Secretary of State whose decision shall be binding upon the parties.

(6) Paragraphs (2) to (5) of article 25 (appeals in respect of works or dredging licence) shall apply in relation to any appeal made under paragraph (5).

Section 25 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 Council to grant a licence;

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

(c) any modifications required by the Council in the plans, sections and particulars submitted by the applicant,

may, within 28 days from the date on which the Council notifies the applicant of its decision or the date on which the Council is, under article 23(7), deemed to have refused the application, appeal to the Secretary of State.

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

(3) The appellant must send to the Council a copy of the notice of the appeal; and the Council may, within 28 days of the receipt of the notice, furnish to the Secretary of State its observations on the appeal.

(4) The Secretary of State may confirm, vary or revoke the decision appealed against and may make such consequential amendments as the Secretary of State may specify.

(5) The Secretary of State may direct the Council to give effect to the decision, and the Council must forthwith comply with any direction given.

Section 26 Obstruction of works

Any person who intentionally obstructs any person acting under the authority of the Council in setting out the lines of, or in construction of any works authorised by any enactment, or who interferes with, moves or removes any pole, stake, station point or bench mark established for the purposes of such setting out, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Section 27 Parking places and related facilities

The Council may provide facilities within the harbours for the parking of vehicles and for that purpose may erect barricades or fencing with related offices, waiting rooms and other conveniences and may make reasonable charges for the use of such facilities.

Section 28 Removal of vehicles and vessels

(1) If a vehicle or vessel is left within the harbours without permission of the Council—

(a) in any place where it is likely to obstruct or interfere with the use of the harbours;

(b) in any part of the harbours where the parking of vehicles or leaving of vessels is prohibited by notice erected by the Council,

the Council may, at the risk of the owner, remove the vehicle or vessel or cause it to be removed.

(2) Any notice erected under paragraph 1(b) must be conspicuously posted in or close to the place to which it relates.

(3) Where the Council in exercise of the powers of this article remove a vehicle or vessel or cause it to be removed it must as soon as practicable report that fact to the police.

(4) The reasonable expenses of and incidental to the removal of a vehicle or vessel under this article shall be recoverable from any person responsible.

(5) For the purposes of paragraph (4) “ person responsible ” means—

(a) the owner of the vehicle or vessel at the time when it was put in the place from which it was removed under paragraph (1);

(b) any person by whom the vehicle or vessel was put in that place.

(6) If the Council in the exercise of the powers conferred by this article remove a vehicle to a place not readily visible from the place whence it is so removed the Council must, as soon as it is reasonably practicable to do so, send to the person for the time being registered as the keeper of the vehicle for the purposes of the Road Vehicles (Registration and Licensing) Regulations 2002 or any other regulations having the like effect for the time being in force—

(a) at that person’s last known address;

(b) the person’s registered address; or

(c) the address where the vehicle is ordinarily kept,

notice that it has exercised the powers of the article and of the place to which the vehicle has been removed.

(7) A notice stating the general effect of paragraph (1) must be displayed in a prominent position at each place where a road accessible to vehicles enters any part of the harbours.

Section 29 Power to make byelaws

(1) The Council may make such byelaws as it thinks fit for the efficient management and regulation of the harbours.

(2) Without limitation to the scope of paragraph (1), the Council may make byelaws under this article for any of the purposes set out in Schedule 3 (purposes for which byelaws may be made) but such byelaws shall not come into operation until the same have received the confirmation of the Secretary of State which shall be sufficient for all purposes.

(3) In this article “ signals ” includes sound signals.

(4) Byelaws made under this article may—

(a) provide for imposing upon a person offending against them, or against any condition, requirement or direction imposed, made or given thereunder, a fine not exceeding level 4 on the standard scale on summary conviction;

(b) relate to the whole of the harbours or to any part thereof;

(c) make different provisions for different parts of the harbours or in relation to different classes of vessels or vehicles;

(d) otherwise make different provision for different circumstances.

(5) Where a person is charged with an offence against a byelaw in force under this article, it shall be a defence for the person to prove that—

(a) they took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence;

(b) they had a reasonable excuse for their act or failure to act;

(c) the offence was not caused or facilitated by any act or neglect on their part or on the part of any person engaged or employed by them and that all reasonable steps were taken to prevent the commission of the offence.

(6) The powers in the article are in addition to the powers conferred by section 83 of the Act of 1847 (byelaws may be made for all or any of the purposes herein named).

Section 30 Confirmation of byelaws

(1) The provisions contained in subsections (3) to (8) of section 236 (procedure etc. for byelaws) and section 238 (evidence of byelaws) of the Local Government Act 1972 shall apply to all byelaws made after the coming into force of this Order, by the Council under this Order or section 83 of the Act of 1847 (byelaws may be made for all or any of the purposes herein named).

(2) In its application to byelaws made under this Order or section 83 of the Act of 1847 (byelaws may be made for all or any of the purposes herein named), section 236 (procedure etc. for byelaws) shall have effect, subject to paragraph (3), as if after the word “confirm” in subsection 236(7) in the first place where that word occurs there were inserted the words “with or without modification” .

(3) Where the confirming authority proposes to make a modification which appears to the confirming authority to be substantial, then—

(a) the confirming authority must inform the Council and require it to take any steps the confirming authority thinks necessary for informing persons likely to be concerned with that modification;

(b) the confirming authority must not confirm the byelaws until there has elapsed such period as the confirming authority thinks reasonable for the Council and other persons who have been informed of the proposed modifications to consider and comment on it.

(4) The confirming authority for the purposes of this article and of section 236 (procedure etc. for byelaws) in its application to byelaws made under this Order or section 83 of the Act of 1847 (byelaws may be made for all or any of the purposes herein named) shall be the Secretary of State.

Section 31 Power to make general directions as to use of the harbours, etc.

(1) The Council may, in accordance with the requirements of article 32 (procedure for giving, amending or revoking general directions), give a direction for—

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

(b) the safety of persons;

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

(d) the ease, convenience or safety of harbour operations ashore,

within the harbours.

(2) A direction under this article may apply—

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

(b) to all vehicles or to a class of vehicle;

(c) to persons designated in the direction;

(d) to the whole of the harbours or to a part;

(e) at all times or at certain times or at certain states of the tide,

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

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

(4) The Council must keep and make available for inspection at each harbour office and on its harbours website a public register of all in force general directions .

Section 32 Procedure for giving, amending or revoking general directions

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

(a) give notice in writing of the proposal and a plan of the area over which the proposal applies to the “designated consultees” them being—

(i) the Chamber of Shipping,

(ii) the Royal Yachting Association,

(iii) the Cornwall Harbours User Group, and

(iv) to such other persons or organisations as it considers appropriate for the purposes of the application of this provision,

(b) place a notice of the proposal on the Council’s harbours website and in prominent locations at each harbour to which the proposal applies on the same date as the notice given in accordance with sub-paragraph (a) and keep that notice on display for a minimum of 6 weeks;

(c) consult with the designated consultees upon the proposal and allow a period of not less than 6 weeks beginning with the date of the notices given in accordance with sub-paragraphs (a) and (b) for written representations to be made by the designated consultees and any other persons to the Council regarding the proposal;

(d) have regard to all representations made during consultation;

(e) give notice in writing to the designated consultees and to those other persons that have provided a consultation response, following consultation as to whether the Council 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

(f) if the Council 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 beginning with the date of the notice given in accordance with sub-paragraph (e), or such longer period as the Council may specify.

(2) Where the Council has complied with paragraph (1), it may proceed to give, amend or revoke a general direction if—

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

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

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

(3) Where a designated consultee has confirmed in writing to the Council that they maintain their objection to a proposal—

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

(i) by agreement between the Council and each designated consultee maintaining an objection in accordance with paragraph (1)(f) (“ the parties ”), or

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

(b) so far as is reasonably practicable within 12 weeks beginning with the date 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 Council must decide whether to exercise the power to give, amend or revoke the general direction having regard to the adjudicator’s report (but it is not bound to give effect to any recommendations) and, once it has decided, must give notice in writing to the designated consultees and to any other person that provided a consultation response 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 Council wishes to exercise the power to give, amend or revoke a general direction in a form materially different from both the form notified to the designated consultees under paragraph (1)(e), and where paragraph (3) applies, the form recommended by the adjudicator under paragraph (3)(b), it must proceed, as if the proposal is a new proposal to which paragraph (1) applies.

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

(a) in an emergency; or

(b) relating to an intended activity or operation within the harbours if—

(i) the intended activity or operation is expected to commence within 16 weeks of the Council having been notified or otherwise becoming aware of the intended activity or operation,

(ii) the intended activity or operation is to last less than 28 days, and

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

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

(a) as soon as is reasonably practicable give notice of the direction or amendment 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 12 weeks, apply the procedure under paragraphs (1)(c) to (f) and (2) to (6) to the direction or amendment with the following modifications—

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

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

(iii) a reference to the Council ‘proceeding’ with a proposal is to be read as a reference to the Council determining that the direction or amendment should remain in force.

Section 33 Publication of general directions

(1) Subject to paragraph (4), the Council must publish a notice of the giving, amendment or revocation of a general direction as soon as reasonably practicable on one occasion in a newspaper circulating in the area of the harbours to which the proposal relates and electronically on the Council’s harbours website for the period of 28 days beginning with the date of publication of the notice in the newspaper.

(2) The notice must state a place at which copies of the general direction may be inspected.

(3) The Council must display notices of general directions that apply to harbour premises at prominent locations within the harbours.

(4) In an emergency, the Council may give notice of the giving or amendment of a general direction in any manner which it considers to be appropriate.

Section 34 Special directions

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

(a) requiring a person 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, extinguishing, or restricting the use of fires or lights;

(f) regulating the use of ballast;

(g) requiring the removal from any part of the harbours if the vessel—

(i) is on fire,

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

(iii) is making an unlawful use of the harbours or interfering with the reasonable use or enjoyment of the harbours by other vessels or persons or the dispatch of business in the harbours,

(iv) needs to be removed to enable maintenance or repair work to be carried out to the harbours,

(h) requiring the vessel to be removed to a place outside the harbours if such removal is considered by the harbour master to be necessary in order to avoid danger to life (including wildlife) or to property.

(2) A special direction relating to a vessel must specify a particular person or persons to whom the direction is addressed, either by name or by a description sufficient to enable the person or persons in question to be identified.

(3) A special direction may be given in any manner considered by the harbour master to be appropriate.

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

Section 35 Failure to comply with directions

(1) A person who fails 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.

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

Section 36 Enforcement of special directions

(1) Without limitation to any other remedy available to the Council, if a special direction is not complied with within a reasonable time, the harbour master may 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 a vessel to comply with a special direction, the harbour master may proceed as if the direction had been given and not complied with, provided that the powers of this paragraph must not be exercised—

(a) in relation to a vessel other than a lighter unless, after reasonable inquiry has been made, the master cannot be found;

(b) in relation to a lighter unless it is obstructing or interfering with navigation.

(3) Expenses incurred by the Council in the exercise of the powers conferred by paragraph (1) shall be recoverable by the Council as if it were a charge of the Council in respect of the vessel.

Section 37 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 the vessel, to persons on board the vessel, to the cargo or any other person or property.

Section 38 Saving for existing directions, byelaws etc.

Any general direction, special direction, byelaw, regulation, licence, lease, consent or other agreement made, issued, entered into or granted by the Council in relation to the undertaking and in force immediately on or before or on the date on which this Order comes into force, shall, notwithstanding the amendments set out in article 67 (amendment of Act and Orders) and the repeals and revocations set out in article 68 (revocation / repeal) and Schedule 4 (revocation / repeal), continue to have effect.

Section 39 Charges other than ship, passenger and goods dues

The Council may demand, take and recover in respect of any dracone or floating dock, crane, rig, drilling rig, or floating platform, a chain ferry or any other vessel, not being a ship as defined by section 57(1) of the Act of 1964, entering, using, operating within or leaving the harbours such reasonable charges as it may determine, and sections 30 (duty of harbour and local lighthouse authorities to make available for inspection, and to keep for sale, copies of lists of certain charges) and 31 (right of objection to ship, passenger and goods dues) of the Act of 1964 shall with all necessary modification apply to the charges authorised by this article as they may apply to ship, passenger and goods dues demanded under section 26 of the Act of 1964 (repeal of provisions limiting discretion of certain harbour authorities as to ship, passenger and goods dues charged by them).

Section 40 Charges for services or facilities

In addition to article 39 (charges other than ship, passenger and goods dues) of this Order and its power to demand ship, passenger and goods dues under section 26 of the Act of 1964 (repeal of provisions limiting discretion of certain harbour authorities as to ship, passenger and goods dues), the Council may demand, take and recover such reasonable charges for services and facilities provided by the Council at the harbours or in connection with the undertaking as it may from time to time determine.

Section 41 Setting of charges

The Council when setting its charges, including ship, passenger and good dues under section 26 of the Act of 1964 (repeal of provisions limiting discretion of certain harbour authorities as to ship, passenger and goods dues) at each of the harbours—

(a) is not limited to solely taking account of the viability of the harbour at which the charges apply;

(b) may take account of the overall viability of the undertaking,

provided that the Council must so far as reasonably practicable ensure that the harbours revenue received from each harbour is sufficient year on year to cover the working and establishment expenses and cost of maintenance of that harbour.

Section 42 Payment of charges

(1) The charges which the Council is for the time being authorised to demand, take and recover in respect of vessels and goods or otherwise under any enactment—

(a) are payable before the removal from the harbours of any vessel or goods in respect of which they are payable;

(b) may be demanded, taken and recovered—

(i) by such persons,

(ii) at such places,

(iii) at such times,

(iv) under such terms and conditions,

as the Council may from time to time specify in its published list of charges.

(2) Charges payable to the Council in respect of—

(a) a vessel, shall be payable by the owner or master;

(b) goods, shall be payable by the owner, consignee or shipper of the goods.

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

(4) Without limitation to the scope of paragraph (1), the terms and conditions as to the payment of charges which the Council may from time to time specify may include the time when a charge falls due for payment and may require such information to be given to the Council by the owner or master of a vessel or a person using a service or facility of the Council as the Council may require in connection with the assessment or collection of a charge.

(5) Where charges payable to the Council have not been paid by the time they fall due for payment, the Council may detain within or refuse entry to, or require removal from the harbours of—

(a) the vessel or goods to which the charges relate; and

(b) any other vessels or goods that the owner or master of the vessel or goods to which the charges relate is also the owner or master of,

until such charges have been paid in full.

Section 43 Compounding arrangements and rebates

(1) The Council may confer total or partial exemptions from, allow rebates to or make compositions with any person with respect to charges, and may vary or extinguish any such exemption, rebate or composition.

(2) Nothing in section 30 of the Act of 1964 (duty of harbour and local lighthouse authorities to make available for inspection, and to keep for sale, copies of lists of certain charges) shall require the Council to include in the list of ship, passenger and goods dues, as required by subsection (1) of that section ship, passenger and goods dues—

(a) reduced by a total or partial exemption;

(b) subject to a compounding arrangement or rebate.

Section 44 Deposit for charges

(1) The Council may, if it thinks fit, require a person who incurs or is about to incur a charge to deposit with it, or to guarantee, such sum of money as is, in the opinion of the Council, reasonable having regard to the amount or probable amount of the charge.

(2) Where such a person fails to deposit or guarantee the sum of money required, the Council may detain in the harbours the vessel or goods to which the charge relates, or refuse entry to, or require removal from the harbours in respect of the vessel or goods, until the requirement has been complied with or the charge paid.

Section 45 Liens for charges

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

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

Section 46 Refusal to pay charges for landing place etc.

The harbour master may prevent a vessel from entering the harbours or using a landing place, mooring or other facility provided by the Council, if the master of the vessel refuses to pay the charges for such use.

Section 47 Exemptions from harbour dues

(1) Except insofar as may be agreed between the Council and the government department or person concerned the Council shall not be entitled to demand harbour dues from, or in respect of—

(a) a vessel—

(i) in the service of HM Revenue and Customs or the Secretary of State for Defence in the execution of their core duties and not carrying persons or goods for reward,

(ii) belonging to or used by a lifeboat service whilst employed in or in connection with the core functions of that service,

(iii) in the service of a police force or other emergency service in the execution of their core duties and not carrying persons or goods for reward,

(b) HM Revenue and Customs or any officer or other person employed in their service in execution of their core duties in respect of a vessel or goods under customs seizure, or in respect of goods or other articles belonging to, or in the care or service of, HM Revenue and Customs;

(c) an officer of HM Revenue and Customs or any other person employed in their service while in the execution of their core duties;

(d) a person employed by the Secretary of State for Defence while in the execution of their core duties;

(e) Officers of the Department for Transport in the execution of their core duties.

(2) In this article “ harbour dues ” means ship, passenger and goods dues which the Council may demand under section 26 of the Act of 1964 (repeal of provisions limiting discretion of certain harbour authorities as to ship, passenger and goods dues charged by them).

Section 48 Recovery of charges

(1) In addition to any other remedy given by this Order and by the Act of 1847 as incorporated with this Order, the Council may recover any charges payable to it as a debt in any court of competent jurisdiction.

(2) Where the master of a vessel in respect of which a charge is payable to the Council refuses or neglects to pay the same or any part thereof, paragraph (1) applies whether or not the Council’s collector has gone on board the vessel and demanded the charge under section 44 of the Act of 1847 (recovery of tonnage rates by distraint of ship and tackle).

Section 49 Harbour master may prevent sailing of vessels

The harbour master may prevent the removal or sailing from the harbours of any vessel until evidence has been produced to the harbour master of the payment of any charges payable in respect of—

(a) the vessel;

(b) passengers of the vessel;

(c) goods imported or exported on the vessel.

Section 50 Power to dredge

(1) The Council may, as appears to it to be necessary or desirable for the purposes of the undertaking, deepen, widen, dredge, scour, cleanse, alter and improve the harbours below the level of high water.

(2) Subject to paragraph (3), all materials dredged up or removed by the Council in exercise of the powers of this article shall be the property of the Council and may be used, sold, deposited or otherwise disposed of as the Council may think fit.

(3) No such materials shall be laid down or deposited in contravention of the provisions of any enactment as respects to the disposal of waste.

(4) The exemption in section 75 of the Marine and Coastal Access Act 2009 (exemptions for certain dredging etc activities) shall not apply to the harbours of Portreath, Portscatho and Portwrinkle.