Search Legislation

The Harbours (Northern Ireland) Order 2002

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening Options

Changes over time for: The Harbours (Northern Ireland) Order 2002

 Help about opening options

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the The Harbours (Northern Ireland) Order 2002. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Statutory Instruments

2002 No. 3155 (N.I. 9)

The Harbours (Northern Ireland) Order 2002

Made

17th December 2002

Coming into operation

18th February 2002

Title and commencementN.I.

1.—(1) This Order may be cited as the Harbours (Northern Ireland) Order 2002.

(2) This Order comes into operation on the expiration of two months from the day on which it is made.

InterpretationN.I.

2.—(1) The Interpretation Act (Northern Ireland) 1954 (c. 33) applies to this Order as it applies to an Act of the Assembly.

(2) In this Order—

  • “the Department” means the Department for Regional Development;

  • “fishery harbour” has the meaning given in Article 1(2) of the Ministries (Transfer of Functions) Order (Northern Ireland) 1973 (S.R. & O. (N.I.) 1973 No. 128);

  • “harbour authority” has the meaning given in the Harbours Act (Northern Ireland) 1970 (c. 1).

Designated harbour authoritiesN.I.

3.—(1) This Order applies to any designated harbour authority.

(2) Subject to paragraph (3), “designated harbour authority” means any of the following harbour authorities—

(a)the Belfast Harbour Commissioners;

(b)the Coleraine Harbour Commissioners;

(c)the Harbour of Carlingford Lough Improvement Commissioners;

(d)the Londonderry Port and Harbour Commissioners;

(e)the Warrenpoint Harbour Authority.

(3) The Department may by order subject to negative resolution amend paragraph (2) by making additions or amendments to, or omissions from, the list of harbour authorities for the time being set out in that paragraph.

(4) Nothing in paragraph (3) authorises the inclusion in the list of harbour authorities for the time being set out in paragraph (2) of—

(a)a district council, a company having share capital or a harbour authority for a fishery harbour; or

(b)a body which is not a harbour authority.

(5) Before making an order under paragraph (3), the Department shall consult any harbour authority to which the order will apply.

Power of Department to issue directionsN.I.

4.—(1) The Department may give to a designated harbour authority directions of a general or specific nature as to the exercise by that authority of its functions.

(2) Before giving any directions to a designated harbour authority under this Article the Department shall consult the authority to which the directions are to be given.

(3) Directions given under this Article to a designated harbour authority must be in writing and must specify a date on which the directions come into operation.

(4) It shall be the duty of a designated harbour authority to comply with any directions given to it under this Article.

Power of Department to obtain informationN.I.

5.—(1) The Department may serve notice in writing on a designated harbour authority—

(a)requiring it to supply to the Department, either periodically or on one occasion or more, such information in the possession of the authority—

(i)as the Department may reasonably require for the performance of its functions; and

(ii)as may be specified in the notice; and

(b)specifying the time, place, manner and form in which any such information is to be supplied.

(2) Any person who in purported compliance with a notice under paragraph (1) knowingly or recklessly makes any statement or produces any document which is false in a material particular shall be guilty of an offence and liable—

(a)on summary conviction to a fine not exceeding the statutory maximum;

(b)on conviction on indictment to a fine, or to imprisonment for a term not exceeding two years, or to both.

(3) Any person who without reasonable excuse fails to comply with a notice under paragraph (1) shall be guilty of an offence and liable—

(a)on summary conviction to a fine not exceeding the statutory maximum;

(b)on conviction on indictment to a fine, or to imprisonment for a term not exceeding two years, or to both.

(4) This Article only applies to information coming into the possession of a designated harbour authority after the coming into operation of this Article.

Code of practiceN.I.

6.—(1) The Department may issue, and may from time to time amend, a code of practice containing such guidance as the Department thinks appropriate in relation to the discharge by a designated harbour authority of its functions.

(2) The code may include guidance setting out aims, objectives and other matters in relation to the discharge of its functions by a designated harbour authority.

(3) It shall be the duty of a designated harbour authority to take account of any relevant provisions of the code when exercising its functions.

(4) The Department shall publish the code as for the time being in force.

(5) The Department may under paragraph (1) make separate provision (by means of separate codes of practice) in relation to different designated harbour authorities and references in this Article to “the code” shall have effect, in relation to any such separate code of practice, as references to that code.

(6) The Department may withdraw the code issued under paragraph (1).

Making and approval of code of practiceN.I.

7.—(1) Where the Department proposes to issue or amend a code of practice under Article 6, it shall prepare a draft of the code (or amendment).

(2) The Department shall consult such persons about the draft as it thinks fit.

(3) If the Department determines to proceed with the draft (either in its original form or with such modifications as the Department thinks fit) the Department shall issue the code or amendment to the code in the form of the draft and lay the code or the amendment to the code before the Assembly.

(4) The code or amendment shall come into force on such day as may be specified in the code or, as the case may be, the amendment.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Northern Ireland Order in Council and provides information about its policy objective and policy implications. They aim to make the Order accessible to readers who are not legally qualified and accompany any Northern Ireland Order in Council made since 2002.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources