Harbours Act 1964

• (10) Where, by virtue of this section, a charge imposed at a harbour is approved, subsections (3) to (6) above shall not have effect by virtue of the lodging of a further objection thereto during the period during which the approval is of effect; and where, by virtue of this section, a direction is given with respect to a charge so imposed, the said subsections shall not have effect by virtue of the lodging of a further objection to that charge during the period during which the direction has effect or of the lodging, during that period, of an objection to a charge that has come into existence by virtue of the direction.

• (11) Where effect to subsections (3) to (5) above is in course of being given in consequence of the lodging with the Secretary of State of an objection to a charge and a further objection to that charge is lodged with the Secretary of State subsections (3) to (6) above shall not have effect by virtue of the lodging of that further objection.

• (12) If it appears to the Secretary of State that the Sea Fish Industry Authority are, or may be, concerned with a charge, the Secretary of State shall not give effect to subsection (6) above in relation to that charge without having consulted the Authority.

• (13) In relation to charges to which this section applies imposed by a harbour authority at a fishery harbour which, in the exercise and performance of statutory powers and duties, they are engaged in improving, maintaining or managing, the foregoing provisions of this section shall have effect with the substitution, for references to the Secretary of State, of references to the Minister of Agriculture, Fisheries and Food, . . .

Power of Minister to revise ship, passenger and goods dues at harbours other than fishery harbours or marine works

32

Power of Minister of Agriculture, Fisheries and Food to revise ship, passenger and goods dues at fishery harbours and of Secretary of State to revise them at marine works

33

• (1) Where, in the case of a fishery harbour or marine work which, in the exercise and performance of statutory powers and duties, a harbour authority are engaged in improving, maintaining or managing, the appropriate Minister is satisfied that, as regards the charges imposed at the harbour by that authority that constitute ship, passenger and goods dues, all or any of them ought to be revised, and is further satisfied that it is not possible to secure the revision thereof by agreement between him and the authority, the appropriate Minister may make proposals for revising those that he is satisfied ought to be revised and shall send to the authority two copies of the proposals together with two copies of a statement setting out the reasons why he is satisfied as aforesaid and, precisely and in detail, the manner in which the revision is to be accomplished, and of them one copy of each shall be kept at the harbour office until the expiration of the period specified in the notice published in pursuance of the next following subsection with reference to the proposals and during that period shall be open during reasonable hours for inspection by any person without charge.

• (2) As soon as may be after sending under the foregoing subsection copies of proposals to a harbour authority, the appropriate Minister shall publish in such newspapers as he thinks proper a notice—

• (a) stating that he has made the proposals and specifying the harbour to which they relate;

• (b) stating that a copy of the proposals and of the statement sent therewith to the authority may be seen at the harbour office at all reasonable hours; and

• (c) stating that any such person or body as the following who desires to make to the appropriate Minister representations in the matter, that is to say, a person having a substantial interest and a body representative of persons who have such an interest, should do so in writing before the expiration of the period specified in the notice (which shall not be less than forty-two. days from the date of the publication or first publication thereof).

• (3) Where, in the case of proposals made under this section, written representations are duly made by any such person or body as is mentioned in subsection (2)(c) above, the appropriate Minister shall send a copy thereof to the harbour authority concerned.

• (4) If, in the case of proposals made under this section, no representation is duly made by any such person or body as is mentioned in subsection (2)(c) above or is made by the harbour authority concerned, or if all representations so made are withdrawn, the appropriate Minister, after the expiration of the period specified in the notice published under that subsection with reference to the proposals, may by order give effect to the revision that is the subject of the proposals.

• (5) If, in the case of proposals made under this section, representations are made as aforesaid and not withdrawn within such period as he thinks reasonable, the appropriate Minister shall proceed to consider them and any comments made by the harbour authority concerned upon such (if any) of them as are made by others and, unless he is satisfied that he can properly proceed to a decision in the matter without causing an inquiry to be held with respect to it, shall cause an inquiry to be so held.

• (6) Where, in the case of proposals made under this section, effect has been given to the last foregoing subsection, the appropriate Minister may, unless he decides to proceed no further in the matter, by order give, effect, with or without modifications, to the revision that is the subject of the proposals.

• (7) An order under subsection (4) or (6) above shall specify a date for. its coming into operation and the period from that date (but not exceeding twelve months) which for the purposes of the following provisions of this section is to be the close period in relation to the order.

• (8) Charges fixed by an order under this section in the case of a harbour shall be deemed to have been imposed under section 26 of this Act, and during the close period in relation to the order—

• (a) the harbour authority engaged in improving, maintaining or managing the harbour shall not demand or take thereat in respect of a matter or thing in respect of which a charge is fixed by the order, a charge other than that so fixed ;

• (b) subsections (3) to (6) of section 31 of this Act shall not, in the case of a charge so fixed, have effect by virtue of the lodging of an objection thereto.

• (9) If a harbour authority fail to comply with an obligation to which they are subject by virtue of subsection (8)(a) above they shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding £100.

• (10) A harbour authority shall not be treated as having failed to comply with an obligation to which they are subject by virtue of section 31(7) of this Act if compliance therewith would have prevented compliance with an obligation to which they were subject by virtue of subsection (8)(a) above.

• (11) Forthwith after the making of an order under subsection (4) or (6) above with reference to any proposals made under this section, or deciding to proceed no further in the matter of any proposals so made, the appropriate Minister shall publish, in the newspapers in which notice of the making of the proposals was published, notice stating, as the case may be, that he has made the order or that he has decided as aforesaid.

• (12) In this section " the appropriate Minister " means, in relation to a fishery harbour, the Minister of Agriculture, Fisheries and Food and, in relation to a marine work, the Secretary of State.

Provisions supplementary to sections 31 to 33

34

• (1) Where, at the time when a scheme for revising charges imposed at a harbour by a harbour authority is submitted to the Minister under section 32 of this Act. effect to subsections (3) to (5) of section 31 of this Act is in course of being given in consequence of the lodging with the Council of an objection to a charge imposed at that harbour by that harbour authority, the Council shall, when they submit the scheme to the Minister, send therewith a copy of the objection and of any representations with respect thereto received by them and of any comments thereon so received, and a report of any inquiry completed with respect thereto, and, subject to the provisions of subsection (3) below, the operation in relation to the objection of subsections (3) to (6) of the said section 31 shall be suspended.

• (2) Where, after a scheme for revising charges imposed at a harbour by a harbour authority has been submitted to the Minister under section 32 of this Act but before the Minister has proceeded to a decision in the matter, there is lodged with the Council an objection to a charge imposed at that harbour by that harbour authority, being an objection which, apart from this subsection, would cause subsections (3) to (6) of section 31 of this Act to have effect, the Council shall forthwith send a copy of the objection to the Minister and the operation in relation to the said objection of the said subsections (3) to (6) shall be suspended.

• (3) Where, at the time when an objection is sent to the Minister under subsection (1) above, an inquiry with respect to the objection is in course of being held, the inquiry shall, notwithstanding the suspension of the operation of subsections (3) to (6) of section 31 of this Act, be continued, and after its completion the Council shall send to the Minister a report thereof.

• (4) Where, in relation to an objection, the operation of subsections (3) to (6) of section 31 of this Act is suspended in a case falling within subsection (1) of this section or, in a case falling within subsection (2) of this section where the Minister has not proceeded by the time he receives the objection to a decision on the scheme, the Minister—

• (a) may, if he is satisfied that the objection does not relate to a charge subject to revision by the scheme and that the scheme ought not to be modified as respects the charge to which the objection relates, direct that the suspension shall cease to have effect as from such date as may be specified in the direction ; and

• (b) if he does not give a direction under the foregoing paragraph, shall, before he proceeds to a decision on the scheme, consider the objection and, in the case of an objection falling within subsection (1) above, any representations and comments thereon that were sent with the scheme, and a report of any inquiry that was so sent, and—

• (i) subject to the next following subsection, if he is satisfied that the objection relates to a charge subject to revision by the scheme or that the scheme ought to be modified as respects the charge to which the objection relates, make in the scheme, if he decides to confirm it, such provision in relation to that charge as he thinks fit, or

• (ii) if he is not so satisfied or if he rejects the scheme, direct that the suspension shall cease to have effect as from such date as may be specified in the direction.

• (5) The Minister shall not, under subsection (4)(b)(i) above, make in a scheme provision in relation to the charge to which an objection relates without causing an inquiry to be held with respect to the objection, unless—

• (a) in the case of an objection sent to him under sub section (1) above.—

• (i) he has received a report of any inquiry held under section 31 of this Act in relation to the objection; or

• (ii) he is satisfied for any other reason that he can properly proceed to a decision in the matter without causing an inquiry to be held;

• (b) in the case of an objection sent to him under subsection (2) above.—

• (i) the objection was received by him after the expiration of the period specified in relation to the scheme under section 32(3)(c) of this Act; or

• (ii) he is satisfied that he can properly proceed to a decision in the matter without causing an inquiry to be held.

• (6) Where the operation of subsections (3) to (6) of section 31 of this Act is suspended in a case falling within subsection (2) above and, by the time the Minister receives the objection, he has proceeded to a decision on the scheme, then—

• (a) if the Minister confirms the scheme, and the scheme fixes the charge to which the objection relates the said subsections (3) to (6) shall have no further effect in relation to the objection ; and

• (b) if the Minister rejects the scheme, or if he confirms it but it does not fix the said charge, the suspension shall cease to have effect as from such date as the Minister may direct.

• (7) Where the Minister makes provision in a scheme in pursuance of subsection (4)(b)(i) above, he shall give written notice to the objector that he has done so and shall include a statement of that fact in the notice published in pursuance of section 32(11) of this Act, and subsections (3) to (6) of section 31 of this Act shall have no further effect in relation to the objection in question.

• (8) Where, after the appropriate Minister (within the meaning of section 33 of this Act) has sent, under subsection (1) of that section, to a harbour authority copies of proposals for revising charges imposed at a harbour by that harbour authority but before he has proceeded to a decision in the matter there is lodged with him an objection to a charge imposed at that harbour by that harbour authority, being an objection which, apart from this subsection, would cause subsections (3) to (6) of section 31 of this Act to have effect, the operation in relation to the said objection of the said subsections (3) to (6) shall be suspended, and subsections (4) to (7) above shall have effect as they have effect where the operation of the said subsections (3) to (6) is suspended in a case falling within subsection (2) above, but with the following modifications:—

• (a) for any reference in any of the said subsections (4) to (7) to the Minister there shall be substituted a reference to the said appropriate Minister ;

• (b) in subsection (4) above, for the words " the scheme ", in each place, except the last, where they occur, there shall be substituted the words " the proposals "; for the words " if he decides to confirm it " there shall be substituted the words " if he decides to give effect to the revision that is the subject of the proposals "; for the words " if he rejects the scheme " there shall be substituted the words " if he decides to proceed no further in the matter ";

• (c) in subsection (5) above, for the words "a scheme", there shall be substituted the word " proposals "; for the words " the scheme " there shall be substituted the words " the proposals "; and for the words " section 32(3)(c) of this Act" there shall be substituted the words " section 33(2)(c) of this Act ";

• (d) in subsection (6) above, for the words " the scheme ", in the first place where they occur, there shall be substituted the words " the proposals ", for the words " confirms the scheme, and the scheme fixes the charge" there shall be substituted the words " gives effect to the revision that is the subject of the proposals, and the order by which such effect is given fixes the charge "; and for the words " rejects the scheme, or if he confirms it but it does not fix the said charge," there shall be substituted the words " decides to proceed no further in the matter, or gives effect to the revision that is the subject of the proposals, but the order by which such effect is given does not fix the charge ";

• (e) in subsection (7) above, for the words " a scheme " there shall be substituted the word " proposals ";

and for the words "section 32(11) of this Act" there shall be substituted the words " section 33(11) of this Act ".

• (9) Where, in relation to an objection, the operation of subsections (3) to (6) of section 31 of this Act comes into effect following a suspension having effect by virtue of the foregoing provisions of this section, then, in ascertaining the expiration of any period specified in the notice given under section 31(3)(b) of this Act in relation to the objection, there shall be disregarded any time falling within the period of the suspension.

Application of sections 31, 32 and 34 to local light dues

35

Sections 31 and 32 not to apply to charges at certain harbours

36

Sections 31 . . . of this Act shall not apply to charges—

• (a) imposed by . . . . . . the British Waterways Board or Canal & River Trust at a harbour not specified in Schedule 9 to the Transport Act 1962;

• (b) imposed at a harbour owned or managed by a person carrying on an inland waterway undertaking to which provisions of section 43 of that Act apply by virtue of section 52(2) thereof; or

• (c) imposed at a harbour owned or managed by a person carrying on an undertaking all or any of the charges of which are, under the statutory provisions relating to the undertaking, subject to revision by the Minister and some other Minister acting together or by the Scottish Ministers.

Special provisions with respect to certain aviation charges

37

Section 26(2) of this Act and subsection (3) of section 43 of the Transport Act 1962 (as enacted in that section and as applied by section 52(2) of that Act) shall, so far as regards charges regulated by any such provision of an Order in Council under section 60 of the Civil Aviation Act 1982 as has effect by virtue of paragraph (o) (regulation of charges for use of licensed aerodromes and for services provided thereat) of subsection (3) of that section, have effect subject to that provision; and sections 27 and 31 . . . of this Act shall not apply to any charges so regulated.

Repeal of certain enactments relating to harbour charges

38

• (1) The following provisions shall cease to have effect, namely,—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) any statutory provision (other than the said section 47 or one in this Act) applying to a harbour authority in so far as (however it is expressed) it requires a list of charges imposed by the authority in the exercise of their powers as such to be published;

• (c) . . . any other statutory provision applying to a harbour authority in so far as (however it is expressed) it prohibits the authority from discriminating in the matter of charges imposed as aforesaid against any person in favour of any other person.

• (2) In the foregoing subsection “harbour authority” does not include any such person as is mentioned in section 26(5)(c) of this Act.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendments of Acts consequential on sections 26 to 37

39

• (1) In the definition of “inland waterway undertaking” in section 13(1) of the Transport Charges &c. (Miscellaneous Provisions) Act 1954, after the word “navigation” there shall be inserted the words “not navigated by sea-going ships” and after the word “water” there shall be added the words “not so navigated”.

• (2) In section 12(7) of the Milford Haven Conservancy Act 1958, for the words “charges under section seven of the Transport Charges &c. (Miscellaneous Provisions) Act 1954” there shall be substituted the words “charges in respect of the aircraft”.

• (3) For paragraph 5 of Schedule 9 to the Transport Act 1962 there shall be substituted the following paragraph :—

(5) (1) The charges made by any of the Boards for the use of services or facilities provided in, or in connection with, a harbour specifed in this Schedule (other than ship, passenger and goods dues, charges for the carriage of goods or passengers on any railway, charges for the use of a railway or charges in respect of railway wagons) shall be such as may be reasonable. (2) In this paragraph the expression “ship, passenger and goods dues” has the same meaning assigned to it by section 57(1) of the Harbours Act 1964

;

and in paragraph 6(2) of that Schedule for the words “for which the charges are regulated by” there shall be substituted the words “specified in”.

• (4) An order under section 21(8) of the Sea Fish Industry Act 1951 declaring that a harbour has become or has ceased to be a fishery harbour may make such provision with respect to proceedings under the provisions of this Act relating to charges at the harbour which are uncompleted when the order is made and to the effect of any order or scheme made under those provisions with respect to any such charges as the Secretary of State thinks requisite or expedient in view of the change of status of the harbour.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conditions as to Use of harbour Services and Facilities provided by certain harbour Authorities

Conditions as to use of harbour services and facilities provided by certain harbour authorities

40

• (1) A harbour authority shall have power to make the use of services and facilities provided by them at a harbour which, in the exercise and performance of statutory powers and duties, they are engaged in improving, maintaining or managing subject to such terms and conditions as they think fit except with respect to charges as to which their discretion is limited by a statutory provision (whether by specifying, or providing for specifying, charges to be made, or fixing or providing for fixing charges, or otherwise).

• (2) In this section “harbour authority” has the same meaning as in section 26 of this Act.

Furnishing of Information

Power of Council to obtain information and forecasts

41

• (1) For the purpose of obtaining information and forecasts reasonably required by the Secretary of State for the exercise and performance of his functions under this Act, it shall be lawful for the Secretary of State,—

• (a) by notice in writing served on a person engaged in improving, maintaining or managing a harbour, to require him to furnish to the Secretary of State such information or forecasts . . . as may be specified in the notice; and

• (b) by notice in writing served on a person carrying out at a harbour, harbour operations of a particular description, not being the person engaged in improving, maintaining or managing that harbour, to require him to furnish to the Secretary of State such information or forecasts relating to harbour operations of that description carried out by him at that harbour as may be so specified;

and any such notice may require any such information or forecasts to be furnished in such manner and within such time as may be specified in the notice, and either periodically or on one occasion or more.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) A person who fails to satisfy an obligation to which he is subject by virtue of subsection (1) above shall, unless he proves that he had reasonable excuse for the failure, be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.

• (4) No notice shall be served under subsection (1) above requiring a person to furnish information or forecasts concerning anything done or to be done at a fishery harbour or marine work; and a notice served under that subsection on a person requiring him to furnish any information or forecasts concerning anything done or to be done at a harbour shall, if the harbour becomes a fishery harbour or marine work, thereupon cease to have effect except in so far as it requires any information or forecast to be furnished before the date on which the harbour becomes a fishery harbour or marine work.

Accounts, relating to harbour undertakings

42

• (1) It shall be the duty of every statutory harbour undertaker to prepare an annual statement of accounts relating to the harbour activities and to any associated activities carried on by him.

• (2) Where a statutory harbour undertaker is a parent undertaking with subsidiary undertakings which carry on harbour activities or any associated activities, then, it shall be the duty of the company also to prepare group accounts relating to the harbour activities and associated activities carried on by it and its subsidiary undertakings.

• (3) The requirements of subsection (1) or subsection (2) above are not satisfied by the preparation of a statement of accounts which relates to other matters in addition to harbour activities and associated activities.

• (4) Where provision is made for the auditing of accounts prepared by any person otherwise than under this section which relate to harbour activities carried on by him (whether or not they relate to other matters) that provision shall apply also to any statement prepared by him under this section.

• (5) It shall be the duty of any person by whom a statement of accounts is prepared in accordance with this section—

• (a) to send to the Secretary of State a copy of the statement together with a copy of the auditor’s report on it; and

• (b) to prepare and send to the Secretary of State a report on the state of affairs disclosed by the statement.

• (6) Subject to any regulations made under the next following subsection, the provisions of the ... the Companies Act 2006 as to the form and contents of accounts and reports required to be prepared under that Act shall apply to accounts and reports required to be prepared under this section, as follows—

• (a) the provisions relating to individual company accounts shall apply to statements prepared in accordance with subsection (1) above;

• (b) the provisions relating to group accounts shall apply to statements prepared in accordance with subsection (2) above; and

• (c) the provisions relating to the directors’ report ... shall apply to reports prepared in accordance with subsection (5)(b) above.

• (7) The Secretary of State may make provision by regulations with respect to the form and contents of accounts and reports prepared under this section—

• (a) prescribing cases in which the provisions of the the Companies Act 2006 referred to in subsection (6) above are not to apply;

• (b) modifying those provisions;

• (c) prescribing requirements additional to those imposed by those provisions.

• (8) Where a statutory harbour undertaker is obliged by a statutory provision of local application to prepare accounts, then, so far as those accounts relate to harbour activities or associated activities, any requirements of the statutory provision of local application as to the form and contents of the accounts shall be treated as satisfied by the preparation of accounts in the same manner that is required for a statement under this section.

• (9) In this section—

• “associated activities”, in relation to any harbour activities means such activities as may be prescribed in relation to those activities by regulations made by the Secretary of State;

• “harbour activities” means activities involved in carrying on a statutory harbour undertaking or in carrying out harbour operations;

• “parent undertaking” and “subsidiary undertaking” have the same meaning as in the Companies Acts (see section 1162 of, and Schedule 7 to, the Companies Act 2006);

• “statutory harbour undertaking” means an undertaking or part of an undertaking, whose activities consist wholly or mainly of the improvement, maintenance or management of a harbour in the exercise and performance of statutory powers and duties, and “statutory harbour undertaker” shall be construed accordingly.

• (10) Regulations under subsection (7) or (9) above may be made so as to apply to all undertakers, to a class of undertakers or to a particular undertaker.

• (11) This section does not apply to—

• (a) the Boards or Canal & River Trust;

• (b) a statutory harbour undertaker the activities of whose undertaking consist wholly or mainly in the improvement, maintenance or management of a fishery harbour or marine work;

• (c) a statutory harbour undertaker of a class exempted from this section by regulations made by the Secretary of State.

Miscellaneous and General

Provisions with respect to loans made under this Act by the Minister

43

• (1) Any loans which the Minister makes under section . . . 11 of this Act shall be repaid to him at such times and by such methods, and interest thereon shall be paid to him at such rates and at such times, as he may, with the approval of the Treasury, from time to time direct.

• (1A) Any loans which the Welsh Ministers make under section 11 of this Act shall be repaid to them at such times and by such methods, and interest thereon shall be paid to them at such rates and at such times, as they may from time to time direct.

• (2) The Treasury may issue out of the National Loan Fund to the Minister such sums as are necessary to enable him to make loans under section . . . 11 of this Act.

• (2A) Such sums as are necessary to enable the Welsh Ministers to make loans under section 11 of this Act may be issued to them out of the Welsh Consolidated Fund.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) Any sums received by the Minister under subsection (1) of this section shall be paid into the National Loan Fund . . ..

• (4A) Any sums received by the Welsh Ministers under subsection (1A) of this section shall be paid into the Welsh Consolidated Fund.

• (5) The Minister shall, as respects each financial year, prepare in such form and manner as the Treasury may direct an account of sums issued to him under this section and of the sums to be paid into the National Loan Fund under subsection (4) of this section and of the disposal by him of those sums respectively, and send it to the Comptroller and Auditor General not later than the end of November following the year; and the Comptroller and Auditor General shall examine, certify and report on the account and lay copies of it, together with his report, before each House of Parliament.

• (6) The Welsh Ministers shall, as respects each financial year, prepare an account of sums issued to them under this section and of the sums to be paid into the Welsh Consolidated Fund under subsection (4A) and of the disposal by them of those sums respectively, and send it to the Auditor General for Wales not later than the end of November following the year; and the Auditor General for Wales shall examine, certify and report on the account and lay copies of it, together with his report, before the National Assembly for Wales.

Limitation of right to challenge harbour revision orders, in legal proceedings

44

• (1) A person who desires to question any such order as follows, namely, a harbour revision or empowerment order (not being one confirmed by Act of Parliament under section 4 or 6 of the Statutory Orders (Special Procedure) Act 1945, or under section 2(4), as read with section 10, of that Act) or an order under section 15A of this Act, on the ground that there was no power to make the order or that a requirement of this Act was not complied with in relation to the order, ... may, within six weeks from the date on which the order becomes operative ... make an application for the purpose to the High Court or the Court of Session, as the case may be.

• (1A) On an application under the foregoing subsection ... , the court—

• (a) may, by interim order, suspend the operation of the order or of any provision thereof, either generally or so far as may be necessary for the protection of the interests of the applicant, until the final determination of the proceedings; and

• (b) if satisfied that there was no power to make the order or that the interests of the applicant have been substantially prejudiced by a failure to comply with a requirement of this Act so far as regards the inclusion in the order of that provision, may quash the order, or any provision thereof, either generally or so far as may be necessary as aforesaid.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Except as provided by this section, a harbour revision or empowerment order , or an order under section 15A of this Act, shall not, either before or after it is made, be questioned in any legal proceedings whatever, ....

• (4) The foregoing provisions of this section shall apply to a harbour reorganisation scheme confirmed or made by the Minister as they apply to a harbour revision order, with the substitution , in relation to a harbour reorganisation scheme confirmed by the Secretary of State, for references to the making of the order and to its being made of references respectively to the confirmation of the scheme and to its being confirmed.

• (5) In relation to proceedings in Scotland, subsections (1A)(a) ... of this section shall have effect as if the words “by interim order” were omitted.

• (6) In the case of an order falling within subsection (7), an environmental organisation is to be deemed to have sufficient interest to make an application under subsection (1).

• (7) An order is within this subsection if, in relation to the proposed application relating to the project authorised by the order, the Scottish Ministers decided that an environmental impact assessment was required and informed the applicant accordingly under paragraph 6(2)(a) of Schedule 3.

• (8) For the purposes of subsections (6) and (7), an “environmental organisation” is a non-governmental organisation promoting environmental protection.

• (6) In the case of an order falling within subsection (7), an environmental organisation is ... to be deemed to have sufficient interest to make an application under subsection (1).

• (7) An order is within this subsection if, in relation to the proposed application relating to the project authorised by the order, the Secretary of State decided that an environmental impact assessment was required and informed the applicant accordingly under paragraph 6(2)(a) of Schedule 3.

• (8) For the purposes of subsections (6) and (7), an “environmental organisation” is a non-governmental organisation promoting environmental protection.

• (9) Section 17D(3) applies this section to closure orders.

Penalisation of furnishing false information

45

A person who—

• (a) . . . In purported compliance with a requirement imposed under section . . . 41 of this Act, gives any information which he knows to be false in a material particular or makes a statement which he knows to be so false or recklessly gives any information which is so false or recklessly makes any statement which is so false; . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

shall be guilty of an offence and shall be liable—

• (i) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding £100, or to both;

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

Restriction of disclosure of information

46

• (1) No person shall disclose any information furnished to him in pursuance of a requirement imposed under section . . . 41 of this Act . . . except—

• (a) with the consent of the person by whom it was furnished or, as the case may be, carrying on the undertaking to which related the books, records or other documents from which it was obtained; or

• (b) in the form of a summary of information so furnished by, or so obtained from documents relating to undertakings carried on by, a number of persons, being a summary so framed as not to enable particulars relating to the business of individual persons to be ascertained therefrom; or

• (c) for the purpose of enabling . . . the Minister to discharge . . . his functions under this Act; or

• (d) for the purposes of any legal proceedings (including arbitrations) or for the purposes of a report of any such proceedings as aforesaid;

and no person shall disclose anything contained in a forecast furnished to him in pursuance of a requirement under the said section 41 except with the consent of the person by whom the forecast was furnished, in the form of a summary of forecasts so furnished by a number of persons (being a summary framed as mentioned in subsection (1)(b) above), for such a purpose as is mentioned in subsection (1)(c) above or for such purposes as are mentioned in subsection (1)(d) above.

• (2) If a person makes a disclosure in contravention of this section he shall be guilty of an offence and liable—

• (a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding £100, or to both;

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

Provisions as to inquiries and hearings

47

• (1) Subsections (2) to (5) of section 250 of the Local Government Act 1972 (which provides for the holding of inquiries for the purposes of that Act)—

• (a) shall apply to an inquiry caused by the Minister or the Minister of Agriculture, Fisheries and Food to be held in England or Wales under any provision of this Act as they apply to an inquiry held under the said section 250, subject to the following modifications, namely,—

• (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ii) subsection (4) shall have effect as if references therein to the payment of costs by a local authority not being a party to the inquiry had been omitted; . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and subsections (4) and (5) of the said section 250 shall, with the like modifications as those specified in paragraph (a) . . . (ii) above, apply to any hearing caused by the Minister or the Minister of Agriculture, Fisheries and Food to take place in England or Wales in pursuance of any provision of this Act (otherwise than by way of inquiry) as if the hearing were an inquiry caused by him to be held as aforesaid.

• (1A) The power to make an order as to costs under section 250(5) of the Local Government Act 1972 as applied by subsection (1) above shall be exercisable not only where the inquiry or hearing takes place but also where arrangements are made for it but it does not take place.

• (2) Subsections (3) to (8) of section 210 of the Local Government (Scotland) Act 1973 (provisions as to local inquiries) shall, subject to the provisions of the next following subsection, apply to an inquiry caused by the Minister or the Secretary of State to be held in Scotland under any provision of this Act as they apply in relation to local inquiries under that section, . . . subject to the following modifications, namely—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) subsection (7) shall have effect as if references to the payment of expenses by a local authority not being a party to the inquiry and to the recovery of an amount as a debt to the Crown, had been omitted;

and subsections (7) and (8) of the said section 210 shall, with the like modification in the case of subsection (7) as is specified in paragraph (b) above, apply to any hearing caused by the Minister or the Secretary of State to take place in Scotland in pursuance of any provision of this Act (otherwise than by way of inquiry) as if the hearing were an inquiry caused by him to be held as aforesaid.

• (2A) The power to make an award as to expenses under section 210(8) of the Local Government (Scotland) Act 1973 as applied by subsection (2) above shall be exercisable not only where the inquiry or hearing takes place but also where arrangements are made for it but it does not take place.

• (3) In relation to Scotland, any inquiry into an order subject to the provisions of paragraph 4B of Schedule 3 to this Act shall, if the Minister or the Secretary of State so directs, be held by Commissioners under the Private Legislation Procedure (Scotland) Act 1936; and where any direction is so given—

• (a) it shall be deemed to have been given under section 2 as read with section 10 of the Statutory Orders (Special Procedure) Act 1945;

• (b) the publication and service of the proper notice required in connection with the making of the order or, as the case may be, the confirmation or making of the scheme which is the subject of the inquiry shall be deemed to be sufficient compliance with the requirements of the said section 2 with regard to the giving of notice by advertisement;

• (c) the last foregoing subsection shall not apply to such an inquiry; and

• (d) the said paragraphs shall have effect as if for any references therein to an inquiry and to the person who held the inquiry there were substituted references to an inquiry by the Commissioners and to the Commissioners.

Service of documents

48

• (1) Any document required or authorised by this Act to be given to or served on any person may be given or served either by delivering it to that person, or by leaving it at his proper address, or by post by means of the recorded delivery service.

• (1A) Any such document may also be given to or served on a person (the “recipient”) by means of an electronic communication but only if—

• (a) the recipient has given a written statement agreeing to accept service of the document by means of an electronic communication,

• (b) the statement has not been withdrawn, and

• (c) the document was transmitted in a specified electronic form to a specified electronic address.

• (1B) For the purposes of subsection (1A)(c) “specified” means specified by the recipient in a written statement given for the purposes of paragraph (a) of that subsection.

• (1C) A document given or served on a recipient in accordance with subsection (1A) must be in a form sufficiently permanent to be used for subsequent reference.

• (1D) Where a document is given to or served on a recipient in accordance with subsection (1A), the document is deemed, unless the contrary is proved, to have been given to or served on the recipient at the time at which the electronic communication is transmitted.

• (1E) But if the transmission is made outside the recipient’s normal business hours, the document is to be taken to have been given to or served on the recipient on the next working day.

• (1F) A statement under subsection (1A) may be withdrawn by giving a written notice to the person to whom the statement was made.

• (1G) A withdrawal under subsection (1F) takes effect on the later of—

• (a) the date specified by the person in the notice, and

• (b) the date which is fourteen days after the date on which the notice is given.

• (2) Any document required or authorised to be given to or served on a body corporate may be given to or served on the secretary or clerk of that body.

• (3) For the purposes of this section and of section 7 of the Interpretation Act 1978 in its application to this section, the proper address of any person to or on whom any such document as aforesaid is to be given or served shall, in the case of the secretary or clerk of a corporation, be that of the registered or principal office of the corporation, and in any other case be the last-known address of the person to be served, subject, however, to this qualification, that, where the person to or on whom the document is to be given or served has, in accordance with arrangements agreed, furnished an address for the giving or service of the document, being an address in the United Kingdom, his proper address for the purposes aforesaid shall be the address furnished.

• (4) If the name or the address of any owner, lessee or occupier of land to or on whom any such document as aforesaid is to be given or served cannot after reasonable inquiry be ascertained by the authority, body or person seeking to give or serve the document, the document may be given or served by addressing it to the person to or on whom it is to be given or served by the description of “owner”, “lessee” or “occupier” of the land (describing it) to which the document relates, and by delivering it to some responsible person resident or appearing to be resident on the premises, or, if there is no such person to whom it can be delivered, by affixing it, or a copy of it, to some conspicuous part of the premises.

• (5) Subsections (1) to (4) do not apply in relation to a document if—

• (a) it is required or authorised by Schedule 3 to be given to or served on a relevant authority, and

• (b) the authority, in exercise of a power in Schedule 3, has specified the form in which, or means by which, the document is to be given to or served on it.

• (6) In this section —

• “electronic address” includes any number or address used for the purpose of receiving electronic communications;

• “electronic communication” has the meaning given in section 15 of the Electronic Communications Act 2000;

• “relevant authority” means—the Secretary of State;the Welsh Ministers;the Scottish Ministers;

• “working day” means any day other than—a Saturday or Sunday,Christmas Day or Good Friday, ora day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.

Provisions as to ecclesiastical property

49

• (1) Where under this Act a document is required to be served on an owner of land, and the land is ecclesiastical property, a copy of the document shall be served on the Diocesan Board of Finance for the diocese in which the land is situated.

• (2) Where any ecclesiastical property is vested in the incumbent of a benefice which is vacant, it shall be treated for the purposes of an application to the Minister or the Minister of Agriculture, Fisheries and Food for any of the following orders in which provision for the compulsory acquisition of the property is proposed to be included, namely, a harbour revision order, a harbour empowerment order, . . . and of a compulsory acquisition of the property in pursuance of a provision for the compulsory acquisition thereof included in any such order, as being vested in the Diocesan Board of Finance for the diocese in which the land is situated, and (in the case of such an acquisition as aforesaid) any notice to treat shall be served accordingly.

• (3) Where provision for the compulsory acquisition of land is included in such an order as aforesaid, the order must be so framed as to secure—

• (a) that if, at the time of the acquisition of any land in pursuance of that provision, the land is ecclesiastical property, any sum agreed upon or awarded for the acquisition of the fee simple of the land shall be paid to the Diocesan Board of Finance for the diocese in which the land is situated; and

• (b) that any sum to be paid by way of compensation for damage sustained by reason of severance or injury affecting land that is ecclesiastical property (being severance or injury arising from the acquisition of land in pursuance of that provision) shall be so paid.

• (4) Any sum which, in pursuance of a provision included in an order in compliance with the last foregoing subsection, is paid to the Diocesan Board of Finance for the diocese in which the land is situated with reference to any land shall, if the land is not consecrated, be applied by it for the purposes for which the proceeds of a sale by agreement of the fee simple of the land would be applicable under any enactment or Measure authorising such a sale or disposing of the proceeds of such a sale, and if the land is consecrated, be applied by it as if the land had been sold under the Pastoral Measure 1983.

• (5) In this section the expression “ecclesiastical property” means land belonging to an ecclesiastical benefice of the Church of England, or being or forming part of a church subject to the jurisdiction of the bishop of any diocese of the Church of England or the site of a church so subject, or being or forming part of a burial ground so subject.

Reckoning of periods

50

For the purposes of this Act, in reckoning any period which is therein, or in an order thereunder, expressed to be a period from a given date, that date shall be excluded.

Modification of Harbours, Piers and Ferries (Scotland) Act 1937

51

• (1) On coming into operation of this section, for the definition of “marine work” in section 31(1) of the Harbours, Piers and Ferries (Scotland) Act 1937 there shall be substituted the following definition—

“marine work” means a marine work as defined in the Harbours Act 1964

.

• (2) Where a harbour owing to the operation of the foregoing subsection has ceased to be a marine work the provisions of the two next following subsections shall have effect in relation to that harbour.

• (3) Sections 16 and 18 of the Harbours, Piers and Ferries (Scotland) Act 1937 (deficiency in revenue and levying of rates to meet deficiency) shall continue to apply as they apply to a marine work; and in relation to any works duly authorised for that harbour before the coming into operation of this section, Parts II, III and IV of the said Act of 1937 shall continue so to apply.

• (4) Until the coming into operation of an order under this Act of corresponding effect to any provision of Parts II, III and IV of the said Act of 1937, that provision shall continue to apply.

Application of Act to Crown

52

• (1) An interest in land in which there is a Crown or Duchy interest may, if the appropriate authority consent to the acquisition thereof, be acquired compulsorily by virtue of this Act, and a power (other than one to acquire land compulsorily) may, if the appropriate authority consent to its being so conferred, be conferred by a harbour revision or empowerment order in relation to land in which there is a Crown or Duchy interest.

• (2) In this section “Crown or Duchy interest” means an interest belonging to Her Majesty in right of the Crown or of the Duchy of Lancaster, or to the Duchy of Cornwall, or belonging to a government department or held in trust for Her Majesty for the purposes of a government department, and “the appropriate authority” has the same meaning as in subsection (2) of section 293 of the Town and Country Planning Act 1990; and the provisions of subsection (3) of that section as to the determination of questions shall apply for the purposes of this section.

• (3) In the application of this section to Scotland—

• (a) in subsection (1) for references to a Crown or Duchy interest there shall be substituted references to a Crown interest;

• (b) subsection (2) shall not apply; and

• (c) “Crown interest” means an interest belonging to Her Majesty in right of the Crown or belonging to a government department, or held in trust for Her Majesty for the purposes of a goverment department, and the “appropriate authority”—

• (i) in relation to land belonging to Her Majesty in right of the Crown and forming part of the Crown estate means the Crown Estate Commissioners, and, in relation to any other land belonging to Her Majesty in right of the Crown, means the government department having the management of that land or the relevant person; and

• (ii) in relation to land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, means that department.

• (3A) In subsection (3), “relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land.

• (4) If any question arises as to what authority is the appropriate authority in relation to any land for the purposes of the last foregoing subsection, that question shall be referred to the Treasury, whose decision shall be final.

Saving for telegraphic lines

53

Part 10 of Schedule 3A to the Communications Act 2003 (the electronic communications code) (which provides a procedure for certain cases where works involve the alteration of electronic communications apparatus) shall apply, for the purposes of works in pursuance of a harbour revision order and works authorised by a harbour empowerment order, to the person authorised to execute those works.

Orders and regulations

54

• (1) Any power conferred by this Act on the Minister, the Minister of Agriculture, Fisheries and Food or the Secretary of State to make an order, or on the Minister to make regulations, shall be exercisable by statutory instrument.

• (2) A statutory instrument containing an order under section ... , 9(1), 15A, 18(7), ... or 60 of this Act or regulations under section 19, ... or 42 thereof shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (3) Subsection (4) applies to any statutory instrument containing—

• (a) an order made under section 42A by a relevant authority in relation to a delegable function, or

• (b) an order made by any person, by virtue of an order under that section, in the exercise of a delegable function under section 14, 15, 16 or 18.

• (4) A statutory instrument to which this subsection applies—

• (a) if the relevant authority in relation to the delegable function is the Secretary of State, is subject to annulment in pursuance of a resolution of either House of Parliament;

• (b) if the relevant authority in relation to the delegable function is the Welsh Ministers, is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

• (5) A power of the Secretary of State or Welsh Ministers to make an order under section 40A is exercisable by statutory instrument.

• (6) A statutory instrument containing an order under section 40A—

• (a) if made by the Secretary of State, is subject to annulment in pursuance of a resolution of either House of Parliament,

• (b) if made by the Welsh Ministers, is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

• (7) As to the power to make regulations under paragraph 9A of Schedule 3 (fees for applications)—

• (a) where the power is exercised by the Secretary of State—

• (i) the regulations are to be made by statutory instrument, and

• (ii) a statutory instrument containing such regulations is subject to annulment in pursuance of a resolution of either House of Parliament;

• (b) where the power is exercised by the Welsh Ministers (see section 17(2C))—

• (i) the regulations are to be made by statutory instrument, and

• (ii) a statutory instrument containing such regulations is subject to annulment in pursuance of a resolution of Senedd Cymru;

• (c) where the power is exercised by the Scottish Ministers (see section 17(2C)), the regulations are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

Offences by corporations

55

• (1) Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against accordingly.

• (2) In the foregoing subsection, the expression “director” in relation to a body corporate established by or under an enactment for the purpose of carrying on under national ownership an industry or part of an industry or undertaking, being a body corporate whose affairs are managed by the members thereof, means a member of that body corporate.

Modification of Statutory Orders (Special Procedure) Act 1945 in its application to harbour revision orders,

56

Interpretation

57

• (1) In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say:—

• ...

• “Act” means an Act of Parliament or an Act of the Scottish Parliament;

• “the Boards” means ... ... the British Waterways Board and includes ..., the Scottish Transport Group and any subsidiary within the meaning of the Transport Act 1968 of any of those Boards or of that ... Group;

• “bridleway”, in relation to England and Wales, has the same meaning as in the Highways Act 1980 and, in relation to Scotland, has the same meaning as in Part III of the Countryside (Scotland) Act 1967;

• “charges” includes fares, rates, tolls and dues of every description;

• “closure order” has the meaning given by section 17A;

• “the Consolidated Fund” means the Consolidated Fund of the United Kingdom;

• ...

• “district board” has the same meaning as in the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951;

• “dock” means a dock used by sea-going ships;

• ...

• “enactment” includes an Act of the Scottish Parliament or an instrument made under such an Act;

• “first local advertisement” means, in relation to the publication of a notice as respects a harbour or group of harbours, the first publication of the notice in a local newspaper circulating in the locality where the harbour or group is situate;

• “fish” includes molluscs and crustaceans;

• “fishery harbour” has the same meaning as in section 21 of the Sea Fish Industry Act 1951;

• “footpath”, in relation to England and Wales, has the same meaning as in the Highways Act 1980 and, in relation to Scotland, has the same meaning as in the Roads (Scotland) Act 1984;

• “functions” includes powers and duties;

• “Gazette and local advertisement” means, in relation to an application, proposed order, order or scheme relating to a harbour or group of harbours, publication in the Gazette and, in each of two successive weeks, in one or more local newspapers circulating in the locality where the harbour or group is situate;

• “the Gazette” means—in relation to publication of a notice as respects a harbour or group of harbours in England or Wales, the London Gazette; andin relation to the publication of a notice as respects a harbour or group of harbours in Scotland, the Edinburgh Gazette;

• “goods” includes fish, livestock and animals of all descriptions;

• “harbour”, except where used with reference to a local lighthouse authority, means any harbour, whether natural or artificial, and any port, haven, estuary, tidal or other river or inland waterway navigated by sea-going ships, and includes a dock, a wharf, and in Scotland a . . . boatslip being a marine work, and, where used with reference to such an authority, has the same meaning as in the Merchant Shippping Act 1995

• “harbour authority” means any person in whom are vested under this Act, by another Act or by an order or other instrument (except a provisional order) made under another Act or by a provisional order powers or duties of improving, maintaining or managing a harbour;

• “harbour empowerment order” has the meaning assigned to it by section 16(4) of this Act;

• “harbour land” means land adjacent to a harbour and occupied wholly or mainly for the purposes of activities there carried on;

• “harbour operations” means,—the marking or lighting of a harbour or any part thereof;the berthing or dry docking of a ship;the warehousing, sorting, weighing or handling of goods on harbour land or at a wharf;the movement of goods or passengers within the limits within which the person engaged in improving, maintaining or managing a harbour has jurisdiction or on harbour land;in relation to a harbour (which expression for the purposes of this paragraph does not include a wharf)—the towing, or moving of a ship which is in or is about to enter or has recently left the harbour;the loading or unloading of goods, or embarking or disembarking of passengers, in or from a ship which is in the harbour or the approaches thereto;the lighterage or handling of goods in the harbour; andin relation to a wharf,—the towing or moving of a ship to or from the wharf;the loading or unloading of goods, or the embarking or disembarking of passengers, at the wharf in or from a ship;

• “harbour revision order” has the meaning assigned to it by section 14(1) of this Act;

• “harbour reorganisation scheme” has the meaning assigned to it by section 18(1) of this Act;

• “improvement committee” has the meaning assigned to it by section 3(1) of the Land Drainage (Scotland) Act 1958;

• “land” includes land covered by water;

• ...

• “lighthouse” has the same meaning as in the Merchant Shipping Act1995

• “local lighthouse authority” means any person having by law or usage authority over local lighthouses, buoys or beacons;

• “marine work” means a harbour or boatslip in Scotland (other than a harbour or boatslip which is vested in any of the bodies specified in Schedule 3 to the Harbours, Piers and Ferries (Scotland) Act 1937 or which is vested in any of the Boards other than the Scottish Transport Group or a subsidiary within the meaning of section 1159 of the Companies Act 2006 of that Group);which, in the opinion of the Secretary of State and the Minister, is principally used or required for the fishing industry, orwhich, being situated in one of the following areas, namely, the Highland Region, the islands areas of Orkney, Shetland and the Western Isles or the Argyll district other than the former burgh of Rothesay and the former district of Bute is, in the opinion of the Secretary of State and the Minister, principally used or required for the fishing or agricultural industries or the maintenance of communications between any place in those areas counties and any other place in Scotland;

• “master”, in relation to a ship, means the person who has command or charge of the ship for the time being;

• “the Minister” means the Secretary of State for Transport;

• “owner”, in relation to any land, other than land in Scotland, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the land, whether in possession or in reversion, and includes also a person holding or entitled to the rents and profits of the land under a lease or agreement the unexpired term of which exceeds three years, and in relation to any land in Scotland—unless the land is held on a long lease, means ... the owner of the land;if the land is held on a long lease, means the lessee under that lease; andincludes any other person who under the Lands Clauses Acts would be entitled to sell and convey or assign the land or the interest of lessee under such a long lease, as the case may be, to the promoters of an undertaking;and “long lease” means a lease which has been, or is capable of being, registered in the Land Register of Scotland or recorded in the General Register of Sasines under the Registration of Leases (Scotland) Act 1857;

• “plant or equipment” includes vessels;

• “port”, where used with reference to a local lighthouse authority, includes place;

• “provisional order” means an order confirmed by an Act, by the Board of Agriculture and Fisheries, the Minister of Agriculture and Fisheries or the Minister of Agriculture, Fisheries and Food in pursuance of section 2(3)(2) of the Fishery Harbours Act 1915 or by the Secretary of State in pursuance of section 5(5)(ii) of the Harbours, Piers and Ferries (Scotland) Act 1937;

• “reserved trust port” has the meaning given in section 32 of the Wales Act 2017;

• “restricted byway” has the same meaning as in Part 2 of the Countryside and Rights of Way Act 2000;

• “river purification authority” has the meaning assigned to it by section 17 of the Rivers (Prevention of Pollution) (Scotland) Act 1951;

• “river works duties” means duties imposed by an Act to do things of the kinds authorised to be done in exercise of river works powers;

• “river works powers” means powers conferred by section 17 of the Land Drainage Act 1976 or corresponding provisions of a local Act or under section 67 or by section 69 of the Water Resources Act 1963 or by an improvement order under section 1 of the Land Drainage (Scotland) Act 1958 or by section 13 as read with section 41 of the Salmon Fisheries (Scotland) Act 1868 ... or by any local enactment relating to Scotland which confers powers corresponding to the powers conferred by an improvement order or which contains provisions corresponding to the provisions of the said Acts of 1868 ...;

• “ship”, where used as a noun, includes every description of vessel used in navigation, seaplanes on the surface of the water and hovercraft within the meaning of the Hovercraft Act 1968;

• “ship, passenger and goods dues” means, in relation to a harbour, charges (other than any exigible by virtue of section 29 of this Act) of any of the following kinds, namely,—charges in respect of any ship for entering, using or leaving the harbour, including charges made on the ship in respect of marking or lighting the harbour;charges for any passengers embarking or disembarking at the harbour (but not including charges in respect of any services rendered or facilities provided for them); andcharges in respect of goods brought into, taken out of, or carried through the harbour by ship (but not including charges in respect of work performed, services rendered or facilities provided in respect of goods so brought, taken or carried);

• “statutory duties” means, in relation to a harbour authority, duties vested in them under this Act, by another Act or by an order or other instrument (except a provisional order) made under another Act or by a provisional order, other than river works duties;

• “statutory powers” means, in relation to a harbour authority, powers vested in them under this Act, by another Act or by an order or other instrument (except a provisional order) made under another Act or by a provisional order, other than river works powers;

• “statutory provision” means a provision, whether of a general or a special nature, contained in, or in a document made or issued under, this Act or any Act (whether of a general or of a special nature) other than this Act;

• “wharf” means any wharf, quay, pier, jetty or other place at which sea-going ships can ship or unship goods or embark or disembark passengers.

• (2) References in this Act to a harbour which is being improved, maintained or managed by a harbour authority in the exercise and performance of statutory powers and duties shall be construed as references to a harbour which is being improved, maintained or managed by such an authority in the exercise of statutory powers, in the performance of statutory duties or in the exercise and performance of statutory powers and statutory duties, and cognate references shall be similarly construed.

• (3) Any reference in this Act to a buoy or beacon shall be construed as including a reference to any other mark or sign of the sea.

• (4) Any reference in this Act (elsewhere than in the foregoing provisions of this section or in section 39) to ship, passenger and goods dues shall be construed as including a reference to charges payable by persons using a ferry which is a marine work.

• (5) Any reference in this Act to any other enactment shall be construed as a reference to that enactment as amended by any other Act.

• (6) Any reference in this Act to Canal & River Trust shall be construed as including a reference to any company that is a subsidiary (within the meaning of the Companies Act 2006) of Canal & River Trust.

Drainage and river authorities not to be harbour authorities for purposes of this Act if not possessing exceptional powers

58

For the purposes of this Act neither an internal drainage board, the Environment Agency, the Natural Resources Body for Wales, a water undertaker, the Scottish Environment Protection Agency a district board nor an improvement committee shall be taken to be a harbour authority if, apart from this provision, they would only be taken to be such by reason of the fact that river works powers or duties are vested in them; and any reference in this Act to functions of a harbour authority relating to a harbour shall be construed as not including a reference to such powers or duties.

Enlargement of powers of Parliament of Northern Ireland

59

Power to amend Acts of local application

60

• (1) The appropriate Minister may, subject to the provisions of this section, by order repeal or amend any provision relating to a harbour which is contained in a local Act passed before this Act or in a provisional order confirmed or made before this Act or any provision in the Milford Haven Conservancy Act 1958, where it appears to him that the provision is inconsistent with, or has become unnecessary in consequence of, any provision of this Act.

• (2) The appropriate Minister shall not make an order under this section repealing or amending any provision in a local Act the Bill for which was promoted, or in a provisional order which was applied for, by a harbour authority or by any body who became a harbour authority by virtue of the Act or order or whose functions under the Act or order have became exercisable by a harbour authority, except on the application of that authority.

• (3) Before making an order under this section the appropriate Minister shall consult with any harbour authority who appear to him to be concerned, not being an authority by whom an application for the making of the order was made.

• (4) An order under this section may contain such transitional, supplemental or incidental provisions as appear to the appropriate Minister to be expedient.

• (5) In this section “the appropriate Minister”, except in the case of the repeal or amendment of a provision relating to a fishery harbour or marine work, means the Minister, in the case of the repeal or amendment of a provision relating to a fishery harbour means the Minister of Agriculture, Fisheries and Food, and in the case of the repeal or amendment of a provision relating to a marine work means the Secretary of State.

Expenses

61

There shall be defrayed out of moneys provided by Parliament any increase attributable to this Act in the sums payable out of moneys so provided by way of Rate-deficiency Grant or Exchequer Equalisation Grant under the enactments relating to local government in England and Wales or in Scotland.

Saving for private Bills and certain provisional orders. 63- Short title, extent, repeal and commencement

62

Short title, extent, repeal and commencement.

63