Surcharges
I111Refusal of harbour access for failure to pay surcharge
1
A harbour authority must refuse access to its harbour to a ship providing a service to which this Act applies if—
a
the authority has imposed a surcharge on the operator of the service in respect of the entry into its harbour by any ship providing that service,
b
the operator has not paid the surcharge in accordance with regulations under section 9(4)(c), and
c
the period within which the surcharge must be paid has expired.
2
It does not matter for the purposes of subsection (1) whether an objection has been made to the surcharge under section 10.
3
Subsection (1) does not apply in relation to any surcharge imposed under subsection (3)(a) or (4) of section 6 which would, if paid, be required to be refunded under subsection (5) of that section.
4
But a harbour authority must not refuse access to a harbour—
a
in cases of force majeure;
b
where there are overriding safety concerns;
c
where there is a need to reduce or minimise the risk of pollution;
d
where there is a need to rectify deficiencies on the ship.
5
The duty under subsection (1) is also subject to any direction given by the Secretary of State under section 16(1)(a).
6
A harbour authority which fails to comply with subsection (1) is guilty of an offence and liable on summary conviction—
a
in England and Wales, to a fine, or
b
in Scotland and Northern Ireland, to a fine not exceeding level 5 on the standard scale.
7
Regulations may make provision as to how a harbour authority is to communicate refusal of access under this section.
8
Nothing in section 33 of the Harbours, Docks and Piers Clauses Act 1847 prevents refusal of access to a harbour under this section.