The Cornwall Harbours Harbour Revision Order 2023

• (2) Where the master of a vessel in respect of which a charge is payable to the Council refuses or neglects to pay the same or any part thereof, paragraph (1) applies whether or not the Council’s collector has gone on board the vessel and demanded the charge under section 44 of the Act of 1847 (recovery of tonnage rates by distraint of ship and tackle).

Harbour master may prevent sailing of vessels

49

The harbour master may prevent the removal or sailing from the harbours of any vessel until evidence has been produced to the harbour master of the payment of any charges payable in respect of—

• (a) the vessel;

• (b) passengers of the vessel;

• (c) goods imported or exported on the vessel.

PART 6 — MISCELLANEOUS AND GENERAL

Power to dredge

50

• (1) The Council may, as appears to it to be necessary or desirable for the purposes of the undertaking, deepen, widen, dredge, scour, cleanse, alter and improve the harbours below the level of high water.

• (2) Subject to paragraph (3), all materials dredged up or removed by the Council in exercise of the powers of this article shall be the property of the Council and may be used, sold, deposited or otherwise disposed of as the Council may think fit.

• (3) No such materials shall be laid down or deposited in contravention of the provisions of any enactment as respects to the disposal of waste.

• (4) The exemption in section 75 of the Marine and Coastal Access Act 2009 (exemptions for certain dredging etc activities) shall not apply to the harbours of Portreath, Portscatho and Portwrinkle.

Power to lay moorings

51

• (1) The Council may provide, place, lay down, maintain, retain, renew, use, have and remove such moorings within the harbours—

• (a) on land owned or leased by it; and

• (b) with the consent in writing of the owner and lessee thereof, on any other land in the harbours,

as it considers necessary or desirable for the convenience of vessels.

• (2) The Council may demand, receive and recover in respect of any vessel using any of the moorings provided under this article or moored to land owned or leased by the Council such reasonable charges as the Council may from time to time prescribe.

• (3) The Council may compound with any person with respect to the payment of the charges prescribed under paragraph (2).

• (4) The Council may give notice in writing to the person having the control of any vessel using any mooring in the harbours at the date this Order comes into force requiring that person within 28 days to remove the mooring so as to enable the Council to provide moorings in accordance with paragraph (1).

• (5) The Council must offer to make available to the person having the control of the vessel referred to in the notice a mooring provided by it under paragraph (1) as soon as such mooring has been laid down.

• (6) If any person fails to comply with a notice given by the Council under this paragraph, the Council may at any time after the expiration of 28 days from the date of the giving of the notice remove the mooring referred to in that notice.

Power to licence moorings

52

• (1) The Council may from time to time grant to a person with or without conditions a licence to place, lay down, maintain, retain, renew, use and have existing and future moorings, for vessels in the harbours.

• (2) Nothing in any licence granted under paragraph (1) shall entitle a person to place, lay down, maintain, retain, renew or use and have any mooring on land not owned or leased by that person or by the Council or which that person is not entitled to use for that purpose.

• (3) A licence granted under paragraph (1) shall be valid only for a period of a maximum of one year commencing with the date on which it is granted.

• (4) The Council may charge for a licence granted under paragraph (1) such reasonable fee as the Council may from time to time prescribe.

• (5) In respect of moorings already lawfully laid down in the harbours at the date this Order comes into force (‘an original mooring’), a licence under paragraph (1) must be obtained by the owner or user of the mooring within three months of that date and thereafter renewed annually.

• (6) In considering an application for a licence under paragraph (1) made in respect of an original mooring the Council must not refuse to grant a licence to retain the original mooring in the same location as situated at the date of this Order unless it is satisfied that the placing, laying down, maintenance, retention, renewal or use of the original mooring to which the application relates would constitute a danger to or interfere with the navigation of vessels in the harbours.

Offences as to moorings

53

• (1) Any person who—

• (a) intentionally obstructs any person acting under the authority of the Council in setting out moorings;

• (b) intentionally and without lawful authority pulls up or removes any mooring in the harbours;

• (c) without reasonable excuse causes or permits a vessel to be moored in the harbours except at a mooring provided or licensed by the Council under article 51 (power to lay moorings) or 52 (power to licence moorings);

• (d) places, lays down, maintains, retains, renews or has in the harbours any mooring not provided or licensed by the Council under this article,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (2) If any person commits an offence under sub paragraph (1)(d), the Council may remove the mooring in question and recover from that person the expenses incurred in doing so.

• (3) In articles 51 (power to lay moorings), 52 (power to licence moorings) and this article “mooring” includes any buoy, pile, post, chain, pillar, pontoon or like apparatus or convenience used or capable of being used for the mooring of vessels.

Development of land etc.

54

• (1) The Council may, subject to obtaining the necessary rights in or over land—

• (a) use or develop for any purpose, and deal with, any land within or in the vicinity of the harbours;

• (b) form, invest in and promote, or join with another person in forming, investing in and promoting, a company for using or developing for any purpose, and dealing with, any land within or in the vicinity of the harbours,

provided that it is conducive to the improvement, maintenance, operation or management of the harbours in an efficient and economical manner.

• (2) Except as is otherwise provided by any enactment or rule of law, the powers of the company referred to in paragraph (1)(b) may include powers to do anything necessary or expedient for the purposes of the objects mentioned in that paragraph or for purposes incidental to those purposes, notwithstanding that the Council would not itself have the power to do that thing.

Powers to grant tenancies and dispose of land

55

• (1) The Council may, for the purposes of or in connection with the carrying on of the undertaking, lease or grant the use or occupation of, or any right or interest in or over, any lands, works, buildings, machinery, equipment or other property forming part of the harbours for such period, at such rents and other considerations and on such terms and conditions as it thinks fit.

• (2) A lease or grant made or given under paragraph (1) may include provisions delegating to the lessee or grantee any of the functions of the Council other than those specified in sub-paragraphs (a) to (f) of paragraph 9B of Schedule 2 to the Act of 1964 (functions which cannot be delegated under a power conferred by a harbour revision order).

• (3) The Council may also dispose of, or grant the use or occupation for any purpose of, any lands, works, buildings, machinery, equipment or other property vested in it if it considers that—

• (a) the property is surplus to that which is required for the purpose of the harbours; or

• (b) it would conduce to the improvement, maintenance, operation or management of the harbours in an efficient and economical manner for the property to be held by a person other than the Council,

for such consideration and on such terms and conditions as it thinks fit.

Power to appropriate lands and works for particular uses, etc.

56

• (1) Notwithstanding anything in any statutory provision of local application the Council may from time to time for the purposes of or in connection with the carrying on of the undertaking set apart and appropriate any part of the harbours for the time being vested in, or occupied or administered by the Council as part of the undertaking for the exclusive, partial or preferential use and accommodation of any particular trade, person, vessel or class of vessels, or goods, subject to the payment of such charges and subject to such terms, conditions and regulations as the Council may think fit.

• (2) No person or vessel shall make any use of any part of the harbours so set apart or appropriated without the consent of the harbour master or other duly authorised officer of the Council and—

• (a) the harbour master, or as the case may be, such officer, may order any person or vessel making use of the harbours without such consent to leave or be removed;

• (b) the provisions of section 58 of the Act of 1847 (harbour master may remove vessels within docks, &c.) shall extend and apply with the necessary modifications to and in relation to such vessels.

Other commercial activities

57

• (1) The Council may, in addition to any other powers conferred on the Council—

• (a) carry on at any place a trade or business of any kind including a trade or business carried on in conjunction with another person;

• (b) form, invest in and promote, or join with another person in forming, investing in and promoting, a company, for carrying on any part of the undertaking or carrying on at any place a trade or business of any kind,

provided that it is conducive to the improvement, maintenance, operation or management of the harbours in an efficient and economical manner.

• (2) Except as is otherwise provided by any enactment or rule of law, the powers of a company referred to in paragraph (1)(b) may include powers to do anything necessary or expedient for the purposes of the objects mentioned in that paragraph or for purposes incidental to those purposes, notwithstanding that the Council would not itself have the power to do that thing.

• (3) The powers of the Council under this article are additional to the powers of the Council under section 37 of the Docks and Harbours Act 1966¹⁹ (powers of harbour authorities to acquire a harbour business or shares in a harbour business).

Power to delegate functions

58

Subject to paragraph 9B of Schedule 2 to the Act of 1964 (functions which cannot be delegated under a power conferred by a harbour revision order), the Council may delegate the performance of any of its functions to be carried out by any such company as is referred to in article 57(1)(b).

Bunkering

59

• (1) The Council may from time to time grant to a person with or without conditions a licence to carry out commercial refuelling activities related to vessels in the harbours.

• (2) Nothing in any licence granted under paragraph (1) shall entitle a person to carry out commercial refuelling activities from or on land not owned or leased by that person or by the Council or in which that person has no interest.

• (3) Any licence granted under paragraph (1) shall be valid only for a period of one year commencing with the date on which it is granted.

• (4) The Council may charge for a licence granted under paragraph (1) such reasonable fee as the Council may from time to time prescribe.

• (5) Any person who without reasonable excuse carries out or permits a commercial refuelling activity related to a vessel in the harbours except in accordance with a licence issued by the Council under this article, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Power with respect to disposal of wrecks

60

• (1) In its application to the Council, section 252 of the Act of 1995 (powers of harbour and conservancy authorities in relation to wrecks) has effect in relation to the harbours and its approaches in relation to a vessel sunk, stranded or abandoned before, as well as after, the coming into force of this Order.

• (2) Subject to paragraph (3), and to any enactment for the time being in force limiting a person’s liability, the Council may recover from the owner of any vessel sunk, stranded or abandoned on or after the date of coming into force of this Order in relation to which it has exercised its powers under section 252 of the Act of 1995 (powers of harbour and conservancy authorities in relation to wrecks) any expenses reasonably incurred by it under that section in relation to that vessel which are not reimbursed out of any proceeds of sale within the meaning of that section.

• (3) Except in a case which is in the opinion of the Council an emergency, paragraph (2) shall not apply in relation to any vessel unless, before exercising in relation to that vessel any of the powers conferred on it by section 252 of the Act of 1995 (powers of harbour and conservancy authorities in relation to wrecks) other than the power of lighting and buoying, the Council has given to the owner of the vessel not less than 48 hours’ notice of its intention to do so.

• (4) If before the notice expires the Council receive from the owner counter-notice in writing that the owner desires to dispose of the vessel themselves, the owner shall be at liberty to do so; and the Council must not exercise the powers in section 252 of the Act of 1995 (powers of harbour and conservancy authorities in relation to wrecks) in relation to that vessel until the expiration of seven days from the receipt of the counter-notice and of any further continuous period thereafter during which the owner of the vessel proceeds with the disposal thereof with all reasonable diligence and in compliance with any directions for the prevention of interference with navigation which may be given to the owner by the Council.

• (5) Notice under paragraph (3) to the owner of any vessel may be served by the Council either by delivering it to the owner or by sending it to the owner by registered post or the recorded delivery service addressed to the owner at their last known place of business or abode in the United Kingdom or, if the owner or any such place of business or abode is not known to the Council, or is not in the United Kingdom, by displaying the notice at the relevant harbour office of the Council and electronically on the Council’s harbours website for the period of its duration.

• (6) In this article “owner”, in relation to any vessel, means the person who was the owner of the vessel at the time of the sinking, stranding or abandonment.

• (7) The powers conferred on the Council by this article shall be in addition to and not in derogation of any other powers exercisable by it for or with respect to the removal of wrecks within the harbours and their approaches.

Power to deal with unserviceable vessels

61

• (1) In addition to the powers conferred on the harbour master by section 57 of the Act of 1847 (unserviceable vessels to be altogether removed from the harbour) and on the Council by section 252 of the Act of 1995 (powers of harbour and conservancy authorities in relation to wrecks) the Council may sell, break up or otherwise dispose of any vessel which is unserviceable and has been laid by or neglected in the harbours or on land immediately adjoining the harbours.

• (2) The Council may retain out of the proceeds of sale of such vessel, any expenses reasonably incurred by it in respect of the vessel, or in marking, buoying, lighting or otherwise controlling the vessel, or warning other persons or vessels of its presence and any expenses reasonably incurred by the harbour master under section 57 of the Act of 1847 (unserviceable vessels to be altogether removed from the harbour) and must pay the surplus, if any, to the person entitled to that surplus.

• (3) If the proceeds of the sale are insufficient to reimburse the Council for the said expenses, or there is no sale, the Council may recover the deficiency, or where there is no sale, the whole of the expenses, from the owner as a simple contract debt.

• (4) Except in the case of emergency, the Council must, before exercising its powers under this article, give 14 days’ notice in writing of its intention to do so to the registered owner of the vessel and by advertisement in each of two successive weeks in a local newspaper circulating in the area of the relevant harbour, provided that, if the registered owner or their place of business or address is not known to the Council or is outside of the United Kingdom, the notice may be given by displaying it at the relevant harbour office of the Council and electronically on the Council’s harbours website for two successive weeks.

Removal of obstructions other than vessels

62

• (1) The Council may remove anything, other than a vessel, causing or likely to become an obstruction to, or cause interference with, navigation in any part of the harbours or any approach to the harbours.

• (2) The Council may take such steps as appear to it to be appropriate to prevent or minimise such obstruction or interference for the purposes of paragraph (1).

• (3) If anything removed by the Council under paragraph (1) is so marked as to be readily identifiable as the property of any person, the Council must, within 28 days of its coming into the Council’s custody, give written notice to that person stating that—

• (a) upon proof of ownership to the reasonable satisfaction of the Council; and

• (b) upon payment of any reasonable expenses incurred by the Council under this article,

possession may be re-taken at a place named in the notice within the period specified in the notice (being not less than 14 days after the notice is served).

• (4) If for the purposes of this article possession of anything removed is not so re-taken it shall at the end of that period vest in the Council.

• (5) Notwithstanding the provisions of paragraph (3) the Council may, at such time and in such manner as it thinks fit, dispose of anything removed under paragraph (1)—

• (a) which is not so marked as to be readily identifiable as the property of any person; or

• (b) which is of a perishable nature or the custody of which involves unreasonable expense or inconvenience.

• (6) If anything disposed of by the Council under this article is sold, the Council must place a notice at the relevant harbour office and on the Council’s harbours website for a period of 28 days giving details of the property sold and may retain out of the proceeds of sale any expenses incurred by it under this article, and any surplus from the proceeds—

• (a) must be paid to any person who within 24 months from the time when the property came into the custody of the Council proves to the reasonable satisfaction of the Council that they were the owner at that time; or

• (b) if within the said period no person proves their ownership at the said time, shall vest in the Council.

• (7) If the proceeds of sale of anything removed under this article are insufficient to reimburse the Council for the expenses set out in paragraph (6), or there is no sale because the property is unsaleable, the Council may—

• (a) recover the deficiency; or

• (b) where there is no sale, the whole of the expenses,

from the person who was the owner at the time when the thing removed came into the custody of the Council or who was the owner at the time of its abandonment or loss.

Boarding of vessels or vehicles

63

A duly authorised officer of the Council may, on producing their authority if so required, enter and inspect a vessel or vehicle in the harbours for the purposes of any enactment relating to the harbours (including any enactment so relating contained in subordinate legislation) or of any byelaw or general direction of the Council relating to the harbours, including the enforcement of any such enactment, byelaw or general direction.

Notices

64

• (1) Except where this Order expressly provides otherwise a notice or other document required or authorised to be served for the purposes of this Order, or any direction given under this Order, must be in writing and must be served by first class post.

• (2) Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.

• (3) Where a person on whom a notice or other document is to be served has agreed in writing that service may be by email, or other electronic means, the Council may provide notices by that means until such time as the person informs them in writing that they are no longer willing to receive notices or documents by email or by such other electronic means.

• (4) For the purposes of section 7 of the Interpretation Act 1978²⁰ (references to service by post) as it applies for the purposes of this article, the proper address of a person in relation to the service on them of a notice or document under paragraph (1) is, if they have given an address for service that address, and otherwise—

• (a) in the case of the secretary or clerk of a body corporate, the registered or principal office of that body;

• (b) in any other case, their last known address at the time of service.

• (5) Where for the purposes of this Order a notice or other document is required or authorised to be served on a person whose name and address cannot be ascertained after reasonable inquiry—

• (a) in the case of a notice or document to be served on a person as having an interest in or as the occupier of, any land, it may be served by—

• (i) addressing it to them by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it), and

• (ii) either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land,

• (b) in the case of a notice or document relating to a vessel (including a wreck), it may be served by exhibiting it in a conspicuous position on or near the vessel (unless it would not be reasonably practicable to exhibit the notice or document in this manner or if the notice or document would not be likely to be seen if it were so exhibited) or by handing it to a member of the crew; and

• (c) in the case of any other notice or document or a notice or document that is not capable of being served in accordance with sub-paragraph (b) it may be served by displaying it at the relevant harbour office for the period of its duration.

Saving for Trinity House

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Nothing in this Order shall prejudice or derogate from any of the rights, duties or privileges of Trinity House.

Crown Rights

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• (1) Nothing in this Order shall—

• (a) prejudicially affect any estate, right, power, privilege, authority or exemption of the Crown;

• (b) authorise the Council or any licensee to take, use, enter upon or in any manner interfere with any land or interests in land or any rights of whatsoever description (including any part of the shore or bed of the sea or of any river, channel, creek, bay or estuary) belonging to—

• (i) His Majesty in right of the Crown and under the management of the Crown Estate Commissioners without the consent in writing of the Crown Estate Commissioners,

• (ii) the Duchy of Cornwall or enjoyed by the possessor for the time being of the Duchy of Cornwall, without the prior consent of the Duke of Cornwall testified in writing under the seal of the said Duchy or, the consent in writing of two or more of such of the regular officers of the said Duchy or other such persons as may be authorised under section 39 of the Duchy of Cornwall Management Act 1863²¹ (proviso for exercise of powers when the Duchy of Cornwall is vested in the Crown),

• (iii) a government department or held in trust for His Majesty for the purposes of a government department, without the consent in writing of that government department.

• (2) A consent under paragraph (1)(b) may be given unconditionally or subject to such conditions and upon such terms as may be considered necessary or appropriate.

Amendment of Act and Orders

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• (1) The St Ives (Pilotage) Harbour Revision Order 1988²² is amended as follows.

• (2) In article 2 (definitions) in the definition of “harbour” omit “as described in section 33 of the St Ives Harbour Act 1853” and substitute “the limits of which are described in Schedule 1 to the Cornwall Harbours Harbour Revision Order 2023”.

• (3) The Penzance and Newlyn (Pilotage) Harbour Revision Order 1988²³ is amended as follows.

• (4) In article 2 (interpretation) in the definition of “the Harbours” omit “as described in section 15 of the Penzance Corporation Act 1883” and substitute “the limits of which are described in Schedule 1 to the Cornwall Harbours Harbour Revision Order 2023”.

• (5) The Stratton and Bude Improvement Act 1901²⁴ is amended as follows.

• (6) In section 16 (maintenance of undertaking of company after transfer) omit “harbour docks”.

• (7) In section 110 (as to deficiency in receipts) omit “or harbour undertakings” and substitute “undertaking”.

• (8) In section 111 (separate accounts to be kept as to water and harbour) omit “and harbour undertakings” and substitute “undertaking”.

• (9) In section 114 (general provisions as to byelaws)—

• (a) omit “the Board of Trade shall be the confirming authority for byelaws made under the section of this Act the marginal note whereof is “Byelaws as to harbour” and”;

• (b) omit “harbour or the”.

Revocation / Repeal

68

On the date this Order comes into force the enactments mentioned in the first and second columns of Schedule 4 (revocation / repeal) shall be revoked or repealed (as appropriate) to the extent specified in the third column of that Schedule.

SCHEDULE 1 — LIMITS OF THE HARBOURS

Bude Harbour

1

The harbour or haven of Bude and so much of the sea as lies within a radius of four hundred yards (365.76m) from a point (50°49′55.27277N, 004°33′31.93280″W) at the mouth of the River Strat and the harbour premises, as shown outlined red on the Bude Harbour Limits Plan.

Newquay Harbour

2

The area within an imaginary line commencing at a point (50°24′54.00099″N, 005°05′06.18194″W) then in a straight line in a northerly direction to a point (50°25′09.46945″N, 005°05′07.18818″W) then in a straight line in a westerly direction to a point (50°25′09.28185″N, 005°05′13.10645″W), then following the level of high water to the point of commencement (50°24′54.00099″N, 005°05′06.18194″W) and the harbour premises, as shown outlined red on the Newquay Harbour Limits Plan.

Port of Penryn

3

All that part of the Penryn River below the level of high water lying to the west of an imaginary line drawn from Boyers Cellars at point (1) (50°09′51.78960″N, 005°04′54.49080″W) and then in a straight line in a northerly direction to point (2) (50°09′53.39782″N, 005°04′54.97723″W) and then in a straight line in an easterly direction to point (3) (50°09′53.43783″N, 005°04′54.71091″W) and then in a straight line in a north westerly direction to point (4) (50°09′53.60564″N, 005°04′55.07463″W) and then in a straight line in a north easterly direction to point (5) (50°09′59.84386″N, 005°04′50.55608″W) and then in a straight line in a northerly direction to point (6) (50°10′07.37969″N, 005°04′50.92783″W) and then following the level of high water in a north westerly direction to point (7) (50°10′07.45244″N, 005°04′50.99206″W), and then following the level of high water in a northerly direction to Sely’s Creek at point (8) (50°10′07.53160″N, 005°04′51.02904″W) commonly called Sailor’s Creek, in the parish of Mylor and county of Cornwall, and the harbour premises, as shown outlined red on the Penryn Harbour Limits Plan.

Penzance Harbour

4

The area within an imaginary line commencing at a point (50°06′51.21924″N, 005°31′52.05282″W) then in a straight line in a south south easterly direction to a point (50°06′46.11600″N, 005°31′50.50791″W) then in a straight line in a north easterly direction to a point (50°06′59.86133″N, 005°31′23.93733″W), then in a straight line in a north westerly direction to a point (50°07′25.14706″N, 005°31′48.63447″W), then following the level of high water to the point of commencement (50°06′51.21924″N, 005°31′52.05282″W) and the harbour premises, as shown outlined red on the Penzance Harbour Limits Plan.

Prince of Wales Pier

8

The area of sea within a distance of fifty yards (45.72m) from any part of the Prince of Wales Pier and the harbour premises, as shown outlined red on the Prince of Wales Pier Harbour Limits Plan, provided that nothing contained in this Order shall prejudice alter or affect the rights and privileges exercisable by the Falmouth Harbour Commissioners under or by virtue of the Falmouth Harbour Order 1870²⁵.

St Ives Harbour

9

The area within an imaginary line commencing at the seaward end Porthminster Point (50°12′27.34311″N, 005°28′16.17804″W) then in a straight line in a northerly direction to a point (50°13′06.69218″N, 005°28′19.03575″W) then in a straight line in a westerly direction to a point (50°13′06.31737″N, 005°28′31.35901″W), then following the level of high water back to the point of commencement at the seaward end Porthminster Point (50°12′27.34311″N, 005°28′16.17804″W) and the harbour premises, as shown outlined red on the St Ives Harbour Limits Plan.

Port of Truro

10

All those parts of the Port of Truro and rivers, including all creeks (except Restronguet Creek, landward of an imaginary straight line drawn between a point (50°11′46.25520″N, 005°03′ 48.27240″W) and a point (50°11′37.94640″N, 005°03′35.78400″W)) below the level of high water, situated landward of an imaginary straight line drawn between Tarra Point (50°10′27.22440″N, 005°02′41.51040″W) and Messack Point (50°10′54.96600″N, 005°01′28.11360″W) and the harbour premises, as shown outlined red on the Port of Truro Harbour Limits Plans.

SCHEDULE 2 — PROVISIONS APPLYING TO THE BOARD

Meetings of the Board

1

• (1) The first meeting of the Board on or after the date on which it is first established under article 6 (establishment of a Board) must be convened by the Council as soon as reasonably practicable on or after that date and the Council must send notice of that meeting to each of the members of the Board.

• (2) The Board must meet a minimum of four times in each year.

Chair and vice-chair of Board

2

• (1) The chair to be appointed by the Board must be a member of the Council appointed under article 7(1)(a).

• (2) The first person taking office as chair after the establishment of the Board must be appointed as soon as practicable and, unless that person resigns as chair or ceases to be a member of the Board, is to continue in office as chair until the Council’s next annual general meeting.

• (3) Subject to sub-paragraph (7), every person subsequently appointed as chair under sub-paragraph (1) is, unless that person resigns as chair or ceases to be a member of the Board, to hold office for a period of one year.

• (4) There must be a vice-chair of the Board who is to be appointed by the Board from among the appointed members of the Board.

• (5) The first person taking office as vice-chair after the establishment of the Board must be appointed as soon as practicable thereafter and is, unless that person resigns as vice-chair or ceases to be a member of the Board, to continue in office as vice-chair until the Council’s next annual general meeting.

• (6) Subject to sub-paragraph (7), every person subsequently appointed as vice-chair under sub-paragraph (4) is, unless that person resigns as vice-chair or ceases to be a member of the Board, to hold office for a period of one year.

• (7) If the appointed members of the Board are satisfied that the chair or vice-chair should cease to hold office as such, they may terminate the chair or vice-chair’s office as such and appoint another member of the Board to be chair or vice-chair during the remainder of the term for which the former chair or vice-chair was appointed.

• (8) On a casual vacancy occurring in the office of chair or vice-chair of the Board, the vacancy must be filled by the Board at the next meeting of the Board held after the vacancy occurs.

• (9) A member of the Board appointed under sub-paragraph (8) to fill a casual vacancy in the office of chair or vice-chair is, unless they resign that office or cease to be a member of the Board, to hold that office during the remainder of the term for which the chair or vice-chair being replaced was appointed.

• (10) In the absence of the chair the person for the time being holding office as the vice-chair is to have and may exercise all the powers of the chair.

• (11) If at a meeting of the Board neither the chair nor the vice-chair is present the members of the Board present must choose one of their number to be chair of the meeting.

Vacation of office by a member of the Board

3

• (1) A member of the Board may resign that office at any time by giving notice in writing to the chair or if that member of the Board is the chair, the vice-chair.

• (2) Any vacancy created by a member of the Board resigning must be treated as a casual vacancy.

Reappointment of chair

4

• (1) A chair of the Board who has served as the chair for three consecutive terms immediately beforehand is not eligible for reappointment as the chair.

• (2) For the purposes of this paragraph, “term” does not include—

• (a) a term served by the member of the Board as the chair under paragraph 2(2);

• (b) the remainder of a term during which the chair was appointed to fill a casual vacancy in the office of the chair under paragraph 3.

Proceedings of meeting of the Board

5

• (1) Every decision at a meeting of the Board must be decided by a majority vote of the Board members present and voting.

• (2) If at any meeting of the Board there is an equality of votes on a decision, the chair of the meeting has a second or casting vote.

• (3) The quorum required for a meeting of the Board is 5 and substitutes are not allowed.

• (4) The Board must cause minutes to be made—

• (a) of the names of members of the Board present at a meeting of the Board; and

• (b) of all proceedings or resolutions at such meeting,

and such minutes, if signed by a person purporting to be chair of the meeting to which the minutes relate or of a subsequent meeting at which the minutes were approved as a correct record, is to be received in evidence without further proof.

• (5) Until the contrary is proved, a meeting for which minutes have been so made or signed is to be deemed to have been duly convened and held and, if it was a meeting of a committee of the Board, that committee is to be deemed to have had power to deal with the subject of the minutes.

• (6) A member of the Board who has any interest, direct or indirect—

• (a) in any contract or proposed contract to which the Board are or would be a party, or is a director of a company or body with which the contract or proposed contract is made or proposed to be made;

• (b) in any other matter with which the member of the Board is concerned,

must declare that interest.

• (7) A member of the Board, who is present at a meeting of the Board at which a contract or other matter in which that matter in which the member has an interest is to be considered, must—

• (a) as soon as is practicable after the commencement of that meeting, disclose that interest;

• (b) not vote on any question with respect to that contract or matter; and

• (c) withdraw from the meeting—

• (i) at any time if so required by a resolution of the members of the Board present; and

• (ii) while a decision on that contract or matter is being made.

• (8) This paragraph does not apply to any interest which—

• (a) a member of the Board has in respect of the payment to the Council of harbour dues;

• (b) arises in respect of the provision of harbour services or facilities affecting the trading community in general;

• (c) the members of the Board present at the meeting by resolution declare to be too remote.

Validity of acts of the Board

6

• (1) The Board may act notwithstanding a vacancy among the membership of the Board.

• (2) No act of the Board is to be deemed to be invalid by reason of any—

• (a) vacancy in their number;

• (b) defect or irregularity in the appointment of any person as—

• (i) a member of the Board,

• (ii) chair or vice-chair of the Board.

Remuneration of members of the Board

7

The Council may pay to the chair, vice-chair and other Board members such special attendance allowance and other expenses as the Council may from time to time determine.

Role of the Board

8

The Board shall be responsible for those matters set out in the Cornwall Harbours Board Memorandum of Understanding in force from time to time.

9

No substantial amendment to the responsibilities of the Board under the Cornwall Harbours Board Memorandum of Understanding shall be made without first consulting with the Secretary of State.

General

10

Subject to the provisions of this Schedule and the constitution of the Council, the procedure of the meetings of the Board is to be regulated in such manner as the Board may determine.

SCHEDULE 3 — PURPOSES FOR WHICH BYELAWS MAY BE MADE

1

Regulating the use of pontoons, stagings, quays, jetties, piers, walkways, bridges, approaches, slipways, landing places, berthing heads, boat lifts, mooring posts, buildings, parking places, and other works and facilities provided by the Council.

2

Regulating the shipping and unshipping, landing, warehousing, stowing, depositing and removing of goods within the harbours.

3

Preventing damage or injury to any vessel, goods, vehicle, plant, machinery, property, or persons within the harbours and to any aids to navigation used in connection with the harbours.

4

Regulating, preventing or licencing the conduct of all persons in vessels or otherwise in the harbours not being—

• (a) members of a police force;

• (b) officers or servants of the Crown;

• (c) members of a fire brigade;

whilst in the exercise of their duties as such.

5

Regulating the placing, laying down, maintenance, removal and use of moorings within the harbours.

6

Preventing or removing obstructions (including vessels and vehicles) or impediments within the harbours.

7

Regulating the launching and recovery of vessels in the harbours.

8

Regulating or prohibiting the mooring, careening, beaching or anchoring and keeping of vessels in the harbours.

9

Regulating or prohibiting the use in the harbours or onboard any vessel in the harbours of fires, lights, or any other equipment, tools or appliances which the Council considers involves a risk of fire, explosion or chemical reaction and for the prevention of smoking.

10

Regulating the removal of rubbish (including ballast, earth or clay or other refuse) and sewerage for vessels in the harbours.

11

The prevention of the disposal of such rubbish and sewerage from vessels, in the harbours.

12

Prohibiting the use of or regulating the use, movement, speed, placing, loading, unloading, driving and parking of vehicles in the harbours and the removal of vehicles from the harbours (including by the Council).

13

Requiring the use of effectual silencers or other similar apparatus and the control of noise generally on vessels in the harbours.

14

Regulating vessels in the harbours and their entry into and departures from the harbours and, without limiting the scope of this paragraph, for prescribing rules for regulating the speed and manner of navigation or movement and the lights and signals exhibited or made by, or for the benefit of, vessels using, navigating or mooring within the harbours.

15

Regulating the embarkation of persons on to, or their disembarkation from, vessels within the harbours.

16

Regulating the holding of regattas and other public events in the harbours.

17

Prescribing the lights and signals to be exhibited or made—

• (a) by vessels aground in the harbours;

• (b) by vessels or other devices used for marking obstructions within the harbours.

18

Assisting the navigation of vessels within the harbours, at the entrance to any dock or at any wharf, pier or other work.

19

Preventing nuisances in the harbours.

20

Prohibiting or regulating the discharge by land or sea of any material, substance or thing within the harbours or the approaches to them.

21

Regulating or prohibiting fishing for marine creatures of any type and by whatever means from any pier, jetty, breakwater, wharf, or other installation or structure of any kind within the harbours, from any vessel within the harbours or from the foreshore where such fishing interferes with the operation of the harbours or the safety of navigation in the harbours.

22

Regulating or prohibiting aquaplaning, water skiing or diving or other similar activities in the harbours.

23

Regulating or prohibiting bathing, and for securing the protection of bathers, within the harbours.

24

Regulating or prohibiting the use of vehicles on the foreshore within the harbours.

25

Regulating the use of ferries within the harbours and the conduct of boatmen, ferry men, and others plying for hire in the harbours and of persons resorting to any works constructed or operated by the Council.

26

Regulating the exercise of powers vested in the harbour master.

27

Regulating vessels, vehicles and persons embarking or disembarking vessels, frequenting or employed in the harbours.

28

The purposes specified in section 83 of the Act of 1847 (byelaws may be made for all or any of the purposes herein named).

SCHEDULE 4 — REVOCATION / REPEAL

Number	Short Title	Extent of Revocation/Repeal
Ch. lxxxii. 33 & 34 Vict.	Pier and Harbour Orders Confirmation Act, 1870 (No. 1).	Whole of the Penryn Harbour Order, 1870.
Ch. cxciii. 63 & 64 Vict.	Pier and Harbour Orders Confirmation (No. 2) Act, 1900.	Whole of the Penryn Harbour Improvement Order 1900.
Ch. cxx. 10 & 11 Geo 5.	Pier and Harbour Orders Confirmation (No. 1) Act, 1920.	Whole of the Penryn Harbour Order 1920.
Ch. xliii. 46 & 47 Vict.	Pier and Harbour Orders Confirmation (No. 1) Act, 1883.	Whole of the Truro Harbour Order, 1883.
Ch. xc. 3 Edw. 7.	Pier and Harbour Orders Confirmation (No. 6) Act, 1903.	Whole of the Truro Harbour Order 1903 apart from article 10(1) of that Order.
Ch. cxv. 9 Edw. 7.	Pier and Harbour Orders Confirmation (No. 2) Act, 1909.	Whole of the Truro Harbour Order 1909.
Ch. cxxi. 10 & 11 Geo 5.	Pier and Harbour Orders Confirmation (No. 2) Act, 1920.	Whole of the Truro Harbour Order 1920.
Ch. lxviii. 18 & 19 Geo 5.	Pier and Harbour Orders Confirmation Act, 1928.	Whole of the Truro Harbour Order 1928.
Cap. cxxix. 16 & 17 Victoriae.	The Saint Ives Harbour Act 1853.	Whole Act.
Cap. 51. 25 & 26 Victoriae.	The Saint Ives Harbour Order 1862.	Whole Order.
Ch. ix. 50 Vict.	Pier and Harbour Orders Confirmation Act, 1886.	Whole of the Saint Ives Harbour Order 1886 apart from articles 21 and 22.
Ch. cxix. 51 & 52 Vict.	Pier and Harbour Orders Confirmation (No. 1) Act, 1888.	Whole of the Saint Ives Harbour Order 1888.
S.I. 1980/115.	St. Ives Harbour Revision Order 1980.	Whole Order.
S.I. 1993/2176.	The St. Ives Harbour Revision Order 1993.	Whole Order apart from articles 7 and 8, and insofar as required for the interpretation of articles 7 and 8, articles 2 and 5.
1 & 2 Victoriae Cap. lxxxiv.	An Act for maintaining the Pier and Harbour of Newquay in the County of Cornwall 1838.	Whole Act.
7 Victoriae Cap. xxiii.	An Act to amend an Act for maintaining the Pier and Harbour of Newquay in the County of Cornwall, and to make certain Tram Roads in connection therewith 1844.	Whole Act.
1967 Ch. xxvii.	Newquay Urban District Council Act 1967.	Whole Act.
Ch. cxiv. 41 & 42 Vict.	Pier and Harbour Orders Confirmation Act, 1878 (No. 1).	Whole of the Falmouth Piers Order 1878.
Ch. cci. 2 Edw. 7.	Pier and Harbour Orders Confirmation Act (No. 3) Act, 1902.	Whole of the Falmouth Corporation Quays Order 1902.
Ch. xii. 15 & 16 Geo. 6 & 1 Eliz 2.	Pier and Harbour Order (Falmouth) Confirmation Act, 1952.	Whole of the Falmouth Piers Order 1952 apart from articles 8 and 9.
c. lxxiv. 46 & 47 Vict.	The Penzance Corporation Act 1883.	Whole Act.
c. viii. Eliz 2. 1990.	Penzance Albert Pier Extension Act 1990.	Whole Act apart from sections 3, 5 and 6, and insofar as required for the interpretation of sections 3, 5 and 6, section 2.
c. xxvi. Eliz 2. 1990.	Penzance South Pier Extension Act 1990.	Whole Act apart from sections 3, 5 and 6, and insofar as required for the interpretation of sections 3, 5 and 6, section 2.
S.I. 2009/2325.	The Penzance Harbour Revision Order 2009.	Whole Order apart from articles 2, 5, 6, 25 and 26.
Geo. III Cap. 53.	An Act for making a navigable Cut or Canal, from the Port or Harbour of Bude, in the Hundred of Stratton, in the County of Cornwall, to the River Tamer, in the Parish of Calstocke, the said County 1768.	Whole Act.
59 Geo. III c. lv.	An Act for improving the Harbour of Bude, in the County of Cornwall; and for making and maintaining a Navigable Canal from the said Harbour of Bude to or near the Village of Thornbury, in the County of Devon, and divers Branches therefrom, all in the said Counties of Cornwall and Devon, 1819.	Sections XXXII, LXI to LXIV (inclusive), LXVI, LXXIII, LXXV to LXXXII (inclusive), LXXXIV, LXXXV, XCII to XCIV (inclusive), XCVI, CVI to CVIII (inclusive), CXI, CXVII and CXVIII.
1 Edw. 7 Ch. cclviii.	Stratton and Bude Improvement Act 1901.	Sections 62 to 64 (inclusive), 66, 67, 69, 70 to 74 (inclusive), 79 to 81 (inclusive), 108, 109, Third Schedule.
3 Edw. 7 Ch. cxxviii.	Pier and Harbour Orders Confirmation (No. 2) Act, 1903.	Whole of the Bude Harbour Order 1903.

SCHEDULE 5 — ACTS AND ORDERS

1

Saint Ives Harbour Order 1886 (articles 21 and 22).

2

Truro Harbour Order 1903 (article 10(1)).

3

Falmouth Piers Order 1952 (articles 8 and 9).

4

The St. Ives Harbour Revision Order 1993 (articles 2, 5, 7 and 8).

5

Penzance Albert Pier Extension Act 1990 (sections 2, 3, 5 and 6).

6

Penzance South Pier Extension Act 1990 (sections 2, 3, 5 and 6).

7

The Penzance Harbour Revision Order 2009 (articles 2, 5, 6, 25 and 26).

Signed

Signed by authority of the Marine Management Organisation

Tom McCormack — Chief Executive Officer — An authorised employee of the Marine Management Organisation — 19th June 2023

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order, made on the application of Cornwall Council relates to the ports and harbours of Bude, Newquay, Penryn, Penzance, Prince of Wales Pier (in Falmouth), St Ives and Truro. It modernises and consolidates the statutory harbour powers applying in relation to all seven harbours, so that they will all be governed by Cornwall Council under the Order. The Order provides for:

• (1) The jurisdiction (article 4 and Schedule 1) and general functions (article 5) of the Council as the statutory harbour authority for the harbours including plans of the harbours (including the harbour premises) which can be inspected during working hours at the office of the Marine Management Organisation, Lancaster House, Hampshire Court, Newcastle upon Tyne NE4 7YH and the principal office of the Cornwall Council, New County Hall, Treyew Road, Truro TR1 3AY. The plans are also available electronically on the Council’s harbours website at www.cornwallharbours.co.uk.

• (2) Establishing the constitution and governance arrangements of the Cornwall Harbours Board (articles 6 to 12 and Schedule 2).

• (3) The establishment of one or more advisory bodies consisting of harbour stakeholders with which the Council are required to consult on material matters (article 13).

• (4) Powers to vest in the Council relating to application of finances (article 14), establishment of the Port of Truro Reserve Fund, Port of Penryn Reserve Fund and a General Reserve Fund (articles 15 to 17), as well as borrowing powers (article 18).

• (5) Powers relating to works including a power to dredge, moorings, aids to navigation, repair of landing places, works and dredging licensing and penalties for obstruction of works (articles 19 to 26 and 50 to 53).

• (6) Modernised powers of management and control of the harbours to vest in the Council including provisions relating to parking places (article 27), removal of vehicles and vessels (article 28), and byelaws (articles 29 to 30 and Schedule 3).

• (7) Powers of general direction for the Council and special direction for the harbour master (defined in article 2) for the regulation and management of the harbour (articles 31 to 36). A register of all in force general directions may be inspected during office hours at the relevant harbour office of the Council (article 31). This Order creates an offence of failing to comply with special or general directions, the penalty for which is a fine on summary conviction not exceeding level 4 on the standard scale (article 35). A defence of due diligence is available to a person charged under article 35 (article 35(2)).

• (8) A modern suite of charging powers (articles 39 to 49) including exemptions from harbour dues (article 47) and prevention of sailing of vessels (article 49).

• (9) Powers relating to development of land (article 54), power to grant tenancies and dispose of land (article 55), power to appropriate lands and works for particular uses, etc. (article 56), other commercial activities (article 57), and power to delegate functions (article 58).

• (10) Powers relating to bunkering (article 59), disposal of wrecks (article 60), unserviceable vessels (article 61), removal of obstructions other than vessels (article 62), boarding of vessels or vehicles (article 63) and notices (article 64).

• (11) Saving for Trinity House (article 65) and Crown Rights (article 66).

• (12) To facilitate the above, the Order repeals and revokes the Acts and Orders set out in Schedule 4 and amends the St Ives (Pilotage) Harbour Revision Order 1988 (S.I. 1988/1500), the Penzance and Newlyn (Pilotage) Harbour Revision Order 1988 (S.I. 1988/1495) and the Stratton and Bude Improvement Act 1901 (1 Edw. 7. Ch. cclvii) (articles 67 and 68).

• (13) Article 2(1) and Schedule 5 make clear that the “undertaking” means the undertaking for the time being of the Council relating to any or all of the harbours as authorised by this Order and the Acts and Orders listed in Schedule 5 (to the extent that those Acts and Orders relate to the harbours or any one of them).

• (14) An impact assessment has not been prepared for this Order as there is no, or no significant, impact predicted on businesses, charities, voluntary bodies or the public sector.

An Explanatory Memorandum together with a copy of the harbour limits plans is available alongside the instrument on the UK legislation website at www.legislation.gov.uk.

Footnotes

Editorial notes