Harbour Revision and Empowerment OrdersE+W+S

14 Ministers’ powers, on application of harbour authorities, or others, to make orders for securing harbour efficiency, &c. E+W+S

(1)Subject to the provisions of this section and to the following provisions of this Act, there may, in relation to a harbour which is being improved, maintained or managed by a harbour authority in the exercise and performance of statutory powers and duties, be made by the appropriate Minister an order (in this Act referred to as a “harbour revision order”) for achieving all or any of the objects specified in Schedule 2 to this Act.

(2)Subject to the next following section, a harbour revision order shall not be made in relation to a harbour by the appropriate Minister—

(a)except upon written application in that behalf made to him by the authority engaged in improving, maintaining or managing it or by a person appearing to him to have a substantial interest or body representative of persons appearing to him to have such an interest; and

(b)unless the appropriate Minister is satisfied that the making of the order is desirable in the interests of securing the improvement, maintenance or management of the harbour in an efficient and economical manner or of facilitating the efficient and economic transport of goods or passengers by sea.

[F1(2A)The objects for achieving all or any of which a harbour revision order may be made in relation to a harbour include repealing superseded, obsolete or otherwise unnecessary statutory provisions of local application affecting the harbour, or consolidating any statutory provisions of local application affecting the harbour; and subsection (2)(b) of this section does not apply to an order in so far as it is made for objects mentioned in this subsection.]

(3)A harbour revision order may include all such provisions as appear to the appropriate Minister to be requisite or expedient for rendering of full effect a provision of the order framed to achieve any of the said objects and any [F2supplementary, consequential or incidental] provisions appearing to him to be requisite or expedient for the purposes of the order, including, but without prejudice to the generality of the foregoing words, penal provisions and provisions incorporating, with or without modifications, any provision of the Lands Clauses Acts or any other enactment and provisions for repealing or amending any statutory provision of local application affecting the harbour to which the order relates; but no penal provision of a harbour revision order shall be so framed as to permit of a person’s being punished otherwise than on his conviction or as to permit—

(a)on his being summarily convicted, of the infliction on him of a penalty other than a fine or of [F3—

(i)in the case of an offence triable either summarily or on indictment, the infliction on him of a fine exceeding the prescribed sum within the meaning of section 32 of the M1Magistrates’ Courts Act 1980 or section 289B of the M2Criminal Procedure (Scotland) Act 1975;

(ii)in the case of an offence triable only summarily, the infliction on him of a fine exceeding [F4level 4 on the standard scale] or, in the case of a continuing offence, a daily fine exceeding £50 for each day on which the offence continues after conviction;]

(b)on his being convicted on indictment, of the infliction on him of [F5a penalty other than a fine].

(4)In the case of a harbour revision order that provides for the establishment of a body as the harbour authority for the harbour to which the order relates in lieu of the existing one, references in paragraphs 2 to 17 of Schedule 2 to this Act to the authority (except in the case of the reference in paragraph 3 the references, other than the second, in paragraph 5 and the second reference in paragraph 11) shall be construed as referring to the body established by the order as the harbour authority, and in the said excepted case shall be construed as referring to the existing one.

(5)Where a harbour revision order includes provision for the compulsory acquisition of land, there must, in the case of each parcel of land proposed to be acquired compulsorily, be annexed to the order a large-scale map on which the boundaries of that parcel are plainly delineated.

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

(7)In this section and in Schedule 2 to this Act “the appropriate Minister”, in the case of an order to be made in relation to a harbour not being a fishery harbour or a marine work means the Minister, in the case of an order to be made in relation to a fishery harbour means the Minister of Agriculture, Fisheries and Food, and in the case of an order to be made in relation to a marine work means the Secretary of State.

15 Ministers’ powers to make, of their own motion, orders for limited purposes for securing harbour efficiency, &c. E+W+S

(1)If, with respect to a harbour, the appropriate Minister is satisfied, . . . F7 that a harbour revision order ought to be made for the purpose of achieving, in relation to the harbour, either or both of the following objects, namely,—

(a)reconstituting the harbour authority by whom the harbour is being improved, maintained or managed or altering their constitution; and

(b)regulating (in whole or to a less extent) the procedure of, or of any committee of, the authority and fixing the quorum at a meeting of, or of any committee of, the authority;

he may, if he is satisfied as mentioned in subsection (2)(b) of the last foregoing section, make the order despite the fact that no application to him for the making of it is forthcoming from the authority engaged in improving, maintaining or managing the harbour or from any such person or representative body as is mentioned in subsection (2)(a) of that section.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

(3)In this section “the appropriate Minister”, in relation to a harbour not being a fishery harbour or a marine work means the Minister, in relation to a fishery harbour means the Minister of Agriculture, Fisheries and Food, and in relation to a marine work means the Secretary of State.

[F915A Ministers’ powers to make orders about port appointments.E+W+S

(1)Each of the Ministers may, subject to subsection (2) of this section, by order vary the constitution of a harbour authority so far as it provides for the appointment by him of any member or members of the authority—

(a)so as to abolish the power of appointment (except where the power is to appoint the chairman of the authority); or

(b)so as to provide for the power of appointment to be exercised by such other person or persons as may be specified in the order.

(2)No order under this section may be made by the Secretary of State with respect to the constitution of a harbour authority if under the constitution all the members of the authority, apart from ex officio and co-opted members, are appointed by him.

(3)An order under this section—

(a)may relate to more than one harbour authority; and

(b)may contain such supplementary, incidental and consequential provisions as appear to the Minister making the order to be necessary or expedient;

and where the constitution of a harbour authority provides for the appointment by the Minister making the order of more than one member, an order under this section may make different provision for each member falling to be so appointed and may make provision for some only of those members.

(4)A Minister proposing to make an order under this section shall before doing so consult the harbour authority concerned and such other persons affected, or bodies representative of such persons, as he thinks fit.

(5)In this section “the Ministers” means the Secretary of State and the Minister of Agriculture, Fisheries and Food.]

16 Ministers’ powers, on application of intending undertakers, or others, to make orders conferring powers for improvement, construction, &c., of harbours. E+W+S

(1)In a case where a person is desirous of securing the achievement of any of the following objects, namely,—

(a)the improvement, maintenance or management of a harbour (whether natural or artificial) navigated by sea-going ships (not being a fishery harbour or a marine work) or of a port, haven, estuary, tidal or other river or inland waterway so navigated (not being a fishery harbour or a marine work);

(b)the construction of an artificial harbour navigable by sea-going ships or an inland waterway so navigable, other than a harbour or waterway which, in the opinion of the Minister and the Secretary of State, will, on completion, be a marine work; and

(c)the construction, improvement, maintenance or management of a dock elsewhere than at a fishery harbour or marine work or of a wharf elsewhere than at such a harbour or work;

but neither he nor any other person has powers, or sufficient powers, to secure it, or to do so effectively, he may make a written application to the Minister for the making by him of an order conferring on the applicant, some other designated person or a body to be constituted for the purpose by the order (according as may be specified in the application) all such powers (including, in particular, power to acquire land compulsorily and to levy charges other than ship, passenger and goods dues) as are requisite for enabling that object to be achieved.

(2)In a case where a person is desirous of securing the achievement of either or both of the following objects, namely,—

(a)the improvement, maintenance or management of a fishery harbour; and

(b)the construction, improvement, maintenance or management of a dock at a fishery harbour or of a wharf at such a harbour;

but neither he nor any other person has powers, or sufficient powers, to secure it, or to do so effectively, he may make a written application to the Minister of Agriculture, Fisheries and Food for the making by him of such an order as aforesaid.

(3)In a case where a person is desirous of securing the achievement of any of the following objects, namely,—

(a)the improvement, maintenance or management of a marine work, being a harbour (whether natural or artificial) navigated by sea-going ships or being a port, haven, estuary, tidal or other river or inland waterway so navigated;

(b)the construction of an artificial harbour navigable by sea-going ships which, in the opinion of the Minister and the Secretary of State, will, on completion, be a marine work or an inland waterway so navigable which, in the opinion of the Minister and the Secretary of State, will, on completion, be a marine work; and

(c)the construction, improvement, maintenance or management of a dock at a marine work or of a wharf at such a work;

but neither he nor any other person has powers, or sufficient powers, to secure it, or to do so effectively, he may make a written application to the Secretary of State for the making by him of such an order as is mentioned subsection (1) of this section.

(4)An order under this section is in this Act referred to as a “harbour empowerment order”.

(5)Neither the Minister, nor the Minister of Agriculture, Fisheries and Food nor the Secretary of State shall make a harbour empowerment order unless he is satisfied that the making thereof is desirable in the interests of facilitating the efficient and economic transport of goods or passengers by sea.

(6)A harbour empowerment order may include all such provisions as appear to the Minister of the Crown by whom it is made to be requisite or expedient for giving full effect to any provision included in the order by virtue of the foregoing provisions of this section and any [F10supplementary, consequential or incidental] provisions appearing to him to be requisite or expedient for the purposes of, or in connection with, the order, including, but without prejudice to the generality of the foregoing words, penal provisions and provisions incorporating, with or without modifications, any provision of the Lands Clauses Acts or any other enactment; but no penal provision of a harbour empowerment order shall be so framed as to permit of a person’s being punished otherwise than on his conviction or as to permit—

(a)on his being summarily convicted, of the infliction on him of a penalty other than a fine or of [F11—

(i)in the case of an offence triable either summarily or on indictment, the infliction on him of a fine exceeding the prescribed sum within the meaning of section 32 of the M3Magistrates’ Courts Act 1980 or section 289B of the M4Criminal Procedure (Scotland) Act 1975;

(ii)in the case of an offence triable only summarily, the infliction on him of a fine exceeding [F12level 4 on the standard scale] or, in the case of a continuing offence, a daily fine exceeding £50 for each day on which the offence continues after conviction;]

(b)on his being convicted on indictment, of the infliction on him of [F13a penalty other than a fine].

(7)Where a harbour empowerment order includes provision for the compulsory acquisition of land, there must, in the case of each parcel of land proposed to be acquired compulsorily, be annexed to the order a large-scale map on which the boundaries of that parcel are plainly delineated.

(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

17 Procedure for making harbour revision and empowerment orders, and substitution thereof, in general, for provisional orders.E+W+S

(1)The provisions of Schedule 3 to this Act shall have effect as follows with respect to the procedure for making harbour revision and empowerment orders:—

(a)Part I of that Schedule shall have effect with respect to the procedure for making harbour revision orders upon application therefor to [F15the Secretary of State];

(b)Part II of that Schedule shall have effect with respect to the procedure for the making of harbour revision orders by [F15the Secretary of State] of his own motion;

(c)—(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

(g)Part I of that Schedule shall, subject to the modifications specified in Part VII thereof, have effect with respect to the procedure for the making of harbour empowerment orders by [F15the Secretary of State];

(h), (i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

[F18and the said Parts I, II and VII shall have effect with respect to the procedure for the making of orders by the Minister of Agriculture, Fisheries and Food with the substitution, except in paragraph 6(2), of references to him for references to the Secretary of State.]

(2)Neither the Minister nor the Minister of Agriculture, Fisheries and Food nor the Secretary of State shall make a harbour revision or empowerment order including provision authorising the compulsory acquisition of land unless it also includes provision for the payment of compensation in respect of the acquisition.

(3)No application under the M5General Pier and Harbour Act 1861 for a provisional order, being an application made after the end of September 1964, shall be entertained by the Minister or the Minister of Agriculture, Fisheries and Food in a case where he is satisfied that the objects to be achieved by the order could be achieved by a harbour revision or empowerment order or by a harbour revision and a harbour empowerment order combined.

(4)No application for a harbour revision or empowerment order shall be entertained by the Secretary of State where he is satisfied that the objects to be achieved by the order could be achieved by an application for a provisional order under the General Pier and Harbour Act 1861 to which Part II of the M6Harbours, Piers and Ferries (Scotland) Act 1937 applies.