Docks and Harbours Act 1966

• (1) It is hereby declared that the first reference in section 27(1) of the 1964 Act (relaxation of limitations on harbour charges) to any limitation imposed on the discretion of a harbour authority as to charges of any description is a reference to such a limitation imposed by specifying or providing for specifying the charges to be levied, or fixing or providing for fixing charges, or otherwise, and the reference in section 29(1) of that Act (relaxation of limitations on local light dues) to limiting the like discretion of a local lighthouse authority shall be similarly construed.

• (2) The repeal effected by the said section 29(1) in any statutory provision limiting any such discretion of a local lighthouse authority which is not a harbour authority shall extend to any statutory provision limiting any such discretion of a local lighthouse authority which is a harbour authority.

• (3) Any charge exigible or imposed by a local lighthouse authority by virtue of or under a statutory provision not contained in the 1964 Act shall be treated for the purposes of the following provisions of that Act, that is to say, section 30 (keeping lists of charges), section 35 (objections to, and revision of, charges) and the provisions applied by the said section 35, as if it were exigible or imposed, as the case may be, by virtue of or under section 29 of that Act.

• (4) In accordance with the foregoing provisions of this section the following words in the 1964 Act shall cease to have effect, that is to say—

• (a) in section 29(1), the words “if the authority are not a harbour authority” ;

• (b) in section 30(2), the words “who are not a harbour authority” ;

• (c) in section 35, the words “who are not a harbour authority”, wherever occurring.

Policing of harbour premises by British Transport Police Force

47

Extension of the Council's power to obtain information and forecasts

48

The power of the Council under section 41(1) of the 1964 Act to require a person engaged in improving, maintaining or managing a harbour to furnish information or forecasts to the Council shall extend to any such information or forecasts as may be specified in the notice, and accordingly in paragraph (a) of that section the words from " relating " to " harbour " in the third place where it occurs shall cease to have effect.

Council's power to give awards

49

It is hereby declared for the avoidance of doubt that the power of the Council under section 3(1) of the 1964 Act (research, training and education) to promote research, training and education of any description includes power to give awards of any kind to any person for any activity connected with research, training and education of that description, and any reference in section 3(2) of that Act to the promotion of research or training or education shall be construed as including a reference to the giving of any such award.

Supplementary

50

• (1) This Part of this Act and the 1964 Act shall have effect as if this Part of this Act were part of that Act.

• (2) The powers conferred by this Part of this Act on harbour authorities shall be in addition to and not in derogation from any powers conferred on harbour authorities otherwise than by this Part of this Act.

Part IV — Miscellaneous and General

References of disputes about the meaning of "dock work " to a tribunal

51

• (1) Where it appears to the Board or a licensing authority that there is a dispute between the Board or the licensing authority, as the case may be, and any other person about a question to which this section applies, or it appears to any person other than the Board or a licensing authority that there is such a dispute between him and the Board or a licensing authority about such a question, and—

• (a) there are for the time being no legal proceedings (including arbitrations) with reference to that question ; and

• (b) there has been no previous reference of that question the decision on which is binding under this section on the person to whom it appears as aforesaid;

the question may, subject to the provisions of the next following subsection, be referred by the last-mentioned person to, and if so referred shall be determined by, a tribunal established under section 12 of the Industrial Training Act 1964.

• (2) Where the last-mentioned person is neither the Board, nor a licensing authority nor a person who employs others on dock work in, or in the vicinity of, a port or on work of any description to which, or at a place to which, the dispute relates, the question to which the dispute relates may only be referred to any such tribunal as aforesaid by a trade union on behalf of that person, but the fact that the question is so referred shall not make the trade union a party to the dispute or prevent that person from being such a party.

• (3) This section applies to the following questions, that is to say—

• (a) whether any work is dock work ;

• (b) whether any place is in, or in the vicinity of, a port to which a labour scheme for the time being applies.

• (4) Where any question to which this section applies arises in any proceedings before a magistrates' court or a sheriff or on an appeal to quarter sessions from a magistrates' court, the court shall, if there has been no previous reference of that question the decision on which is binding under this section on both parties to the proceedings, stay the proceedings and refer it to such a tribunal as aforesaid and the tribunal shall decide it.

• (5) In addition to the parties to the dispute or proceedings, the following persons may appear and be heard before the tribunal on a reference under this section:—

• (a) the Board;

• (b) the licensing authority for the port in question ;

• (c) where the question referred is whether work of any description is dock work, any person who employs others on work of that description and any person employed on such work;

• (d) where the question referred is whether any place is in, or in the vicinity of, a port, any person who employs others or works at that place.

• (6) The tribunal's decision on any reference under this section shall be binding on the following persons:—

• (a) the parties to the dispute or proceedings which occasioned the reference;

• (b) the Board;

• (c) the licensing authority for the port in question ;

• (d) any other persons entitled to appear and be heard on the reference who did so appear ;

• (e) any court which or sheriff who referred the question to the tribunal and any court of quarter sessions having cognizance of the matter on appeal from any magistrates' court which so referred the question;

but the foregoing provision shall not preclude any of the persons mentioned in paragraphs (a) to (d) of this subsection from challenging the decision on a subsequent reference under this section by any person not so mentioned or by any court.

• (7) Where a question is referred under this section to the tribunal, the tribunal shall state the facts which it finds and the reasons for its decision.

• (8) Subsection (4) of this section shall not apply to proceedings instituted before the day appointed for the coming into operation of this section.

• (9) In this section "trade union " has the same meaning as in the Trade Union Act 1913.

Inquiries

52

• (1) Subject to the next following subsection, the relevant Minister shall direct an inquiry to be held in connection with—

• (a) the consideration and determination by him of appeals or objections made under any provision of Part I or II of this Act; and

• (b) any proposal to exercise his power to revoke a licence under section 30 of this Act;

and may direct an inquiry to be held in connection with any other matter about which he has functions under either of those Parts.

• (2) The relevant Minister need not direct an inquiry to be held in connection with any appeal or objection if he obtains consent in writing to dispense with the inquiry—

• (a) in the case of an appeal or objection under Part I of this Act, from all the persons prescribed by regulations under this section as persons entitled to appear at the inquiry;

• (b) in the case of an objection under section 25(4) of this Act to a welfare amenity scheme or any amendment of such a scheme, from the person who made the objection, the Board and all other persons whose obligations under the scheme might in the opinion of the relevant Minister be varied by any modifications of the scheme likely to be made in the light of the objection ;

• (c) in the case of an appeal under section 27(3) of this Act, from the appellant and the Board.

• (3) Any number of matters may be dealt with at one inquiry.

• (4) An inquiry held in pursuance of a direction under this section shall be held by a competent person appointed by the relevant Minister and that person may conduct the inquiry either alone or with the assistance of an assessor or assessors so appointed.

• (5) The person appointed to hold an inquiry under this section shall, after holding it, report to the relevant Minister on his findings at the inquiry and shall recommend to the Minister what decision the Minister should make in the matter.

• (6) The relevant Minister shall by regulations make such provision as appears to him to be necessary or expedient with respect to the proceedings at or in connection with inquiries under this section including, in particular, provision—

• (a) for requiring notice to be given of the appointment of any person to hold any such inquiry, and of the date, time and place on which it will be held, to such persons as may be determined by or under the regulations;

• (b) for prescribing or providing for determining the persons who may appear and be heard at any such inquiry;

• (c) for requiring persons to attend to give evidence and produce documents (except evidence or documents which those persons could not be compelled to give or produce in proceedings before the High Court);

• (d) for authorising the administration of oaths to witnesses;

• (e) for requiring copies of documents to be furnished by persons entitled to appear at any such inquiry to other such persons;

• (f) for prescribing the procedure to be followed at any such inquiry;

• (g) for authorising the recovery by the relevant Minister of the whole or part of the expenses incurred by him in relation to any such inquiry from all or any of the following persons:—

• (i) the persons appearing at the inquiry ;

• (ii) any appellant or objector, whether appearing or not, whose appeal or objection occasioned the inquiry ;

• (iii) in the case of an inquiry into a matter arising under Part I of this Act, the licensing authority;

• (iv) in the case of an inquiry into a matter arising under Part II of this Act, the Board;

• (h) for the award of costs and expenses; and

• (i) for taxing or otherwise settling any costs or expenses awarded by virtue of the last foregoing paragraph (and, in particular, in England and Wales, for enabling such costs to be taxed in the county court) and for the enforcement of any award of costs and expenses.

• (7) Any person who without reasonable excuse fails to comply with any requirement imposed by regulations made by virtue of paragraph (c), (d) or (e) of the last foregoing subsection shall be liable on summary conviction to a fine not exceeding £50 or imprisonment for a term not exceeding three months or both.

• (8) The relevant Minister' may out of moneys provided by Parliament pay to persons appointed to hold inquiries under this Act and to assessors at such inquiries such fees and allowances, and to persons giving evidence before such inquiries such allowances, as he may with the consent of the Treasury determine.

• (9) In this section " the relevant Minister " means, in relation to any matter or an inquiry into any matter arising under Part I of this Act, the Minister of Transport and, in relation to any matter or an inquiry into any matter arising under Part II of this Act, the Minister of Labour.

Penalties for contravention of labour schemes

53

The punishment which may be imposed on summary conviction under section 1(5) of the 1946 Act on a person guilty of an offence under that section (contravention of labour schemes) shall, instead of being that specified in that subsection, be—

• (a) in the case of an individual, imprisonment for a term not exceeding three months or a fine not exceeding £50 or both;

• (b) in the case of a body corporate, a fine not exceeding £500;

and accordingly in that subsection the words from " and shall " onwards shall cease to have effect.

Offences by bodies corporate

54

• (1) Where an offence under this Act or section 1(5) of the 1946 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, any director, manager, secretary or other similar officer of the body corporate, or any person purporting to act in any such capacity, he, as well as the body corporate, shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

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

Notices

55

• (1) Subject to the provisions of this section, any notice required or authorised by or by virtue of Part I or II of this Act to be served on or given to any person may be served or given by delivering it to him, or by leaving it at his proper address, or by sending it to him by registered post or the recorded delivery service.

• (2) Any such notice required or authorised to be served on or given to a corporation or firm shall be duly served or given if it is served on or given to, as the case may be, the secretary or clerk of the corporation or a partner in the firm.

• (3) For the purposes of this section and of section 26 of the Interpretation Act 1889 in its application to this section the proper address of a person on or to whom any such notice as aforesaid is to be served or given shall, in the case of the secretary or the clerk of a corporation, be that of the registered or principal office of the corporation, in the case of a partner in a firm, be that of the principal office of the firm, and in any other case, be the last known address of the person to be served :

Provided that, where the person on or to whom the notice is to be served or given has, in accordance with arrangements agreed, furnished an address for the service or giving of the notice, if an address in the United Kingdom, his proper address for the purposes aforesaid shall be the address furnished.

• (4) Any such notice required or authorised to be served on or given to the Board may be served or given by serving it on or giving it to their General Manager, whose proper address for this purpose shall be the principal office of the Board.

• (5) The foregoing provisions of this section shall apply to the sending of a document as they apply to the giving of a notice.

Regulations and orders

56

• (1) The Minister of Transport and the Minister of Labour respectively may make regulations for any purpose for which regulations may be made under Part I or Part II of this Act, for prescribing anything which may be prescribed under the said Part I or the said Part II and generally for the purpose of carrying those Parts of this Act into effect.

• (2) Without prejudice to the generality of the foregoing subsection, regulations under this section may make provision with respect to any of the following matters:

• (a) the forms of licences, notices and other documents to be used for the purposes of Parts I and II of this Act and the particulars to be contained therein ;

• (b) application for, and the issue of, licences ;

• (c) the issue of replacements for licences lost or defaced ;

• (d) the extension of any period of time prescribed by the regulations;

and different provision may be made by the regulations for different cases.

• (3) Any power to make an order or regulations under this Act, other than a power conferred by section 29, 31 or 34 of this Act, shall be exercisable by statutory instrument, and any statutory instrument containing any such order or regulations shall, except in the case of regulations under section 4(4) or an order under section 60 of this Act, be subject to annulment in pursuance of a resolution of either House of Parliament.

• (4) Any order made by the Minister of Transport or the Minister of Labour under any provision of this Act may be varied or revoked by a subsequent order so made.

Expenses

57

There shall be defrayed out of moneys provided by Parliament—

• (a) any expenses incurred by any Minister in carrying this Act into effect; and

• (b) 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.

Interpretation

58

• (1) In this Act “the 1964 Act” means the Harbours Act 1964.

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

• (6) References in this Act to any enactment shall, except where the context otherwise requires, be construed as references to that enactment as amended, extended or applied by or under any other enactment, including any enactment contained in this Act.

Power to amend Acts of local application

59

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Short title, commencement and extent

60

• (1) This Act may be cited as the Docks and Harbours Act 1966.

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

• (5) This Act shall not extend to Northern Ireland.

SCHEDULE 1

SCHEDULE 2

. . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power of harbour authorities to acquire a harbour business or shares in a harbour business.

Right to challenge harbour revision orders, etc., in legal proceedings.

48

51

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 an Act of Parliament under section 6 of the Statutory Orders (Special Procedures) Act 1945, or under section 2(4), as read with section 10, of that 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, or who desires to question an order under section 20 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 witg in relation to the order so far as regards the inclusion therein of a provision authorising the compulsory acquisition of a parcel of land may, within six weeks from the date on which the order becomes operative under the said Act of 1945 (or, in the case of an order made under the said section 20, six weeks from the date on which it is made), 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 relating to a harbour revision or empowerment order, 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 substantiallyprejudiced by a failure to comply with a requirement of this Act, may quash the order, or any provision thereof, either generally or so far as may be necessary as aforesaid.

• (2) On an application under subsection (1) of this section relating to an order under section 20 of this Act, the court—

• (a) may, by interim orvder, suspend the operation of the provision in question, wither 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 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.

• (3) Except as provided by this section, a harbour revision or empowerment order shall not, either before or after it is made, be questioned in any legal proceedings whatever, and an order under section 20 of this Act shall not, either before or after it is made, be questionrd in any legal proceedings whatever so far as regards the inclusion therein of a provision authorising the compulsory acquisition of a parcel of land.

• (4) The foregoing provisions of this section shall apply to a harbour reorganisation scheme confirmed by the Minister as they apply to a harbour revision order, with the substitution for references to the makin 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) and (2)(a) of this section shall have effect as if the words “by interim order” were omitted.

Editorial notes

[^c828003]: Act not in force at Royal Assent see s. 60(2)-(4).

[^c828004]: Pt. I (ss. 1–24) repealed by Dock Work Act 1989 (c. 13, SIF 43:1), s. 7(1)(5), Sch. 1 Pt. I, Sch. 2 para. 9

[^c828005]: Pt. II (ss. 25–35) repealed by Dock Work Act 1989 (c. 13, SIF 43:1), s. 7(1), Sch. 1 Pt. I

[^c828007]: Ss. 37, 39 extended by Transport Act 1981 (c. 56, SIF 126), s. 14(1), Sch. 4 Pt. I para. 1(2)(c)

[^c828008]: S. 37(1) applied (S.) (1.1.2000) S.S.I. 1999/200, art. 7(1)

[^c828009]: S. 37(3) repealed (15.7.1992) by Transport and Works Act 1992 (c. 42), ss. 63(2)(d), 68(1), Sch. 4 Pt. II; S.I. 1992/1347, art. 2, Sch. (subject to art. 3)

[^c828010]: Ss. 37, 39 extended by Transport Act 1981 (c. 56, SIF 126), s. 14(1), Sch. 4 Pt. I para. 1(2)(c)

[^c828011]: Words repeal Sea Fish Industry Act 1962 (c. 31), s. 28

[^c828012]: S. 40(1)–(4) repealed by Transport Act 1981 (c. 56, SIF 58), s. 40, Sch. 12 Pt. II

[^c828013]: S. 41 modified by Transport Act 1968 (c. 72), Sch. 16 para. 8(2)(4)

[^c828014]: Words substituted by Transport Act 1968 (c. 73), Sch. 16 para. 8(3)

[^c828015]: 1962 c. 46.

[^c828016]: 1968 c. 73.

[^c828018]: 1962 c. 46.

[^c828021]: 1962 c. 46.

[^c828022]: Words substituted by National Loans Act 1968 (c. 13), Sch. 1

[^c828023]: Words repealed by National Loans Act 1968 (c. 13), Sch. 6 Pt. I

[^c828029]: Words substituted by Transport Act 1981 (c. 56, SIF 58), s. 18, Sch. 6 para. 6(8)(a)

[^c828030]: Words repealed by Transport Act 1981 (c. 56, SIF 58), s. 40, Sch. 12 Pt. II

[^c828032]: Words in s. 42(2)(b) substituted (1.2.2000) by S.I. 1999/3445, reg. 15(5), Sch. 4 para. 1

[^c828033]: Words substituted by Transport Act 1981 (c. 56, SIF 58), s. 18, Sch. 6 para. 6(8)(b)

[^c828034]: The text of ss. 43(1), 44(1)–(7), 46(4), Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c828035]: In s. 43(2) “that Act” means Harbours Act 1964 (c. 40) and “that paragraph” means s. 18(2)(h) of that Act

[^c828036]: The text of ss. 43(1), 44(1)–(7), 46(4), Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c828040]: S. 44(4) repealed by Transport Act 1981 (c. 56, SIF 58), s. 40, Sch. 12 Pt. II

[^c828044]: The text of ss. 43(1), 44(1)–(7), 46(4), Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c828048]: S. 47 repealed (1.2.2001) by 2000 c. 38, s. 274, Sch. 31 Pt. IV; S.I. 2000/57,art. 3, Sch. 2 Pt. I (subject to transitional provision and saving in Pt. II of the said Sch. 2)

[^c828049]: Ss. 48, 49 repealed by Transport Act 1981 (c.56, SIF 58), s. 40, Sch. 12 Pt. II

[^c828050]: Ss. 51–57 repealed by Dock Work Act 1989 (c. 13, SIF 43:1), s. 7(1), Sch. 1 Pt. I

[^c828051]: Words substituted by Dock Work Act 1989 (c. 13, SIF 43:1), s. 7(3)

[^c828052]: S. 58(2)–(5) repealed by Dock Work Act 1989 (c. 13, SIF 43:1), s. 7(1), Sch. 1 Pt. I

[^c828053]: S. 59 repealed by Dock Work Act 1989 (c. 13, SIF 43:1), s. 7(1), Sch. 1 Pt. I

[^c828054]: S. 60(2)–(4) repealed by Dock Work Act 1989 (c. 13, SIF 43:1), s. 7(1), Sch. 1 Pt. I

[^c828055]: Sch. 1 repealed by Dock Work Act 1989 (c. 13, SIF 43:1), s. 7(1), Sch. 1 Pt. I

[^c828057]: 1945 c. 18

[^c828056]: The text of ss. 43(1), 44(1)–(7), 46(4), Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^key-ba90c83d778094eca60b179a58a9e892]: S. 42(2)(a) repealed (S.) (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), s. 30(4), Sch. 3; S.S.I. 2007/516, art. 2

[^key-e24ecd4aad346b61975fd499ca0c35af]: S. 42: transfer of functions (1.4.2018) by Wales Act 2017 (c. 4), ss. 29(2)(c)(ii), 71(4) (with Sch. 7 paras. 1, 6, 9); S.I. 2017/1179, reg. 3(g) (with transitional provisions and savings in S.I. 2018/278, reg. 2, Sch.)

[^key-2497f463af028095e6aa9f6ac2e6a4b8]: S. 36: transfer of functions (1.4.2018) by Wales Act 2017 (c. 4), ss. 29(2)(c)(i), 71(4) (with Sch. 7 paras. 1, 6, 9); S.I. 2017/1179, reg. 3(g) (with transitional provisions and savings in S.I. 2018/278, reg. 2, Sch.)

[^key-73e7d3ec682cb6f25951fbb1adcecdb3]: S. 43: transfer of functions (1.4.2018) by Wales Act 2017 (c. 4), ss. 29(2)(c)(ii), 71(4) (with Sch. 7 paras. 1, 6, 9); S.I. 2017/1179, reg. 3(g) (with transitional provisions and savings in S.I. 2018/278, reg. 2, Sch.)

[^M_F_e535f0c9-d048-4416-fa17-7fbf327931ba]: Words in s. 37(2) substituted (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(2)(b); S.I. 1992/1347, art. 2, Sch. (subject to art. 3)

[^M_F_fe0beda7-714d-4da2-c480-558579b08b51]: S. 37(2A) inserted (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(2)(c); S.I. 1992/1347, art. 2, Sch. (subject to art. 3)

[^M_F_c619b2b1-e735-41e9-a6d5-8f82a19a60ed]: Words in s. 37(1) substituted (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(2)(a); S.I. 1992/1347, art. 2, Sch. (subject to art. 3)