2026 No. 1088
HARBOURS, DOCKS, PIERS AND FERRIES
The Port of Tyne Harbour Revision Order 2026
Made
13th October 2026
Laid before Parliament
15th October 2026
Coming into force
5th November 2026
The Port of Tyne Authority has applied for a harbour revision order in accordance with section 14(2)(a) of the Harbours Act 1964 (“the Act”).
The Secretary of State, as the appropriate Minister for the purposes of that section, has by an Order under section 42A of the Act delegated the functions of the appropriate Minister under section 14 to the Marine Management Organisation.
The Marine Management Organisation, being satisfied as mentioned in section 14(2)(b), and in exercise of the powers conferred by sections 14(1), (2A) and (3) of the Act, makes the following Order.
(1) This Order may be cited as the Port of Tyne Harbour Revision Order 2026 and comes into force on 5th November 2026.
(2) This Order extends to England and Wales.
(1) In this Order—
“the 1847 Act” means the Harbours, Docks and Piers Clauses Act 1847;
“the 1862 Act” means the Tyne General Ferry Act 1862;
“the 1886 Act” means the Tyne Improvement Act 1886;
“the 1897 Act” means the Tyne Improvement Act 1897;
“the 1925 Act” means the Tyne Improvement Act 1925;
“the 1934 Act” means the Tyne Improvement Act 1934;
“the 1957 Act” means the Tyne Improvement Act 1957;
“the 1964 Act” means the Harbours Act 1964;
“the 1989 Act” means the Port of Tyne Act 1989;
“the 1995 Act” means the Merchant Shipping Act 1995;
“the 1974 Order” means the Port of Tyne Authority (Constitution) Revision Order 1974;
“the 1967 Scheme” means the Port of Tyne Reorganisation Scheme 1967;
“aid to navigation” includes lights, buoys, beacons and signals including sound and electronic signals and any structure required to house the same;
“ashore” means all those parts of the port not within the wet port area;
“the Authority” means the Port of Tyne Authority incorporated under article 4 of the 1967 Scheme (incorporation of Port of Tyne Authority);
“charges” means the charges, rates, tolls and dues which the Authority is authorised to demand, take and recover in relation to the port undertaking;
“commercial refuelling activities” includes recharging, providing or emptying (in whole or part) a vessel with fuel or alternative power in exchange for financial payment or other valuable consideration;
“electronic communications network” has the meaning given by section 32 of the Communications Act 2003;
“enactment” means any enactment whether public general or local and includes any order, byelaw, general direction, rule, regulation, scheme or other instrument having effect by virtue of an enactment;
“existing chair” means the person appointed in accordance with paragraph (1)(a) of article 3 of the 1974 Order or who is otherwise holding that office at the date this Order comes into force;
“existing vice-chair” means the person appointed in accordance with paragraph 3 of the Schedule to the 1974 Order or who is otherwise holding that office at the date this Order comes into force;
“general direction” means a direction given under article 29 (power to give general directions as to the use of the port, etc.);
“the harbour master” means any person appointed as such by the Authority, and includes the duly authorised deputies and assistants of the harbour master and any other person authorised by the Authority to act, either generally or for a specific purpose, in the capacity of harbour master;
“hovercraft” means a vehicle which is designed to be supported when in motion wholly or partly by air expelled from the vehicle to form a cushion of which the boundaries include the ground, water or other surface beneath the vehicle;
“the level of high water” means the level of mean high water spring tides;
“the level of low water” means the level of mean low water spring tides;
“master”, in relation to a vessel, means any person having or taking command, charge or management of the vessel;
“operator” has the meaning given by paragraph 2 of Schedule 3A to the Communications Act 2003 (the electronic communications code);
“port” means the Port of Tyne the limits of which include the port premises and are described in Schedule 3 (limits of port);
“the Port Advisory Group” means the body or bodies established in accordance with article 38 (advisory bodies);
“port facilities” includes, but is not limited to, shipping, fisheries, marine, energy, fuel and alternative power, recreational, leisure, tourism and retail facilities (including buildings);
“port functions” means the powers and duties at and in connection with the port undertaking, including those contained within the 1964 Act and the 1995 Act;
“the port limits map” means the map (shown on four sheets) prepared in duplicate, signed on behalf of the Marine Management Organisation and marked “Signed port limits map referred to in the Port of Tyne Harbour Revision Order 2026”, one copy of which is deposited at the office of the Marine Management Organisation and the other at the port office;
“the Port of Tyne Acts and Scheme 1886 to 1989” means the Acts and the Scheme listed in Schedule 5 (Acts and Scheme) (to the extent that those Acts and that Scheme relate to the port);
“port operations” include—
the marking, lighting or dredging of the port or any part of the port;
the berthing, dry docking, mooring or storage of a vessel;
the laying and maintenance of moorings or other similar apparatus in the port;
the warehousing, sorting, weighing or handling of goods;
the movement of goods and vehicles (including parking, designated and prohibited areas, speed limits and removal from the port);
the towing or moving of a vessel;
the loading or unloading of goods, or embarking or disembarking of passengers;
energy generation or storage;
the operation of the swing bridge;
the control of use of the port by members of the public and other third parties (including movement, conduct, authorised activities and designated and prohibited areas) but not so as to cause an interference with any public right of way;
“port premises” means land adjacent to the wet port area vested in, occupied or administered (for the time being) by the Authority as part of the port undertaking and occupied wholly or mainly for the purpose of activities there carried on, which may include docks, quays, piers, wharves, berths, locks, breakwaters, landing places, yards, roads, sheds, car parks, other buildings and all other works and conveniences, land and premises which at the date this Order comes into force includes the areas shaded green on the port premises map;
“the port premises map” means the map (shown on one sheet) prepared in duplicate, signed on behalf of the Marine Management Organisation and marked “Signed port premises map referred to in the Port of Tyne Harbour Revision Order 2026”, one copy of which is deposited at the office of the Marine Management Organisation and the other at the port office;
“port revenue” means all moneys receivable by the Authority for and in relation to the port undertaking other than borrowed moneys and moneys which ought to be carried to capital account;
“the port undertaking” means the undertaking carried on by the Authority at and in connection with the port authorised by this Order and the Port of Tyne Acts and Scheme 1886 to 1989;
“special direction” means a direction given under article 32 (special directions);
“statutory undertaker” means—
any person who is a statutory undertaker for any of the purposes of the Town and Country Planning Act 1990;
a coast protection authority within the meaning of section 1 of the Coast Protection Act 1949 (coast protection authorities);
any operator of an electronic communications network;
“subsidiary” has the meaning given by section 1159(1) of the Companies Act 2006;
“swing bridge” means the swing bridge across the River Tyne providing a link for Bridge Street between the north and south banks of the River Tyne;
“tidal work” means so much of any works within the port that are on, under or over tidal waters or land below the level of high water;
“Trinity House” means the Corporation of Trinity House of Deptford Strond;
“vehicle” includes any vehicle propelled on rails, any machinery on wheels or caterpillar tracks, trailers, caravans, bicycles, and mobile homes and includes a hovercraft or any other amphibious vehicle;
“vessel” includes a ship, boat, houseboat, raft or craft of any description, however propelled or moved, and includes non-displacement craft, watercraft, a hydrofoil vessel, or an amphibious vehicle and any other thing constructed or adapted for floating on or being submersed in water (whether permanently or temporarily);
“watercraft” means any type of craft which—
is capable of moving under its own mechanical power;
is used, navigated or situated wholly or partially in or on water; and
is capable of being used to carry one or more persons,
but does not include a ship or fishing vessel within the meanings given in section 313(1) of the 1995 Act;
“wet port area” means those parts of the port which are covered by water at the level of low water.
(2) All situations, points, directions, distances, lengths, dimensions, areas and other measurements stated in this Order are to be construed as if the words “or thereabouts” were inserted after each such situation, point, direction, distance, length, dimension, area or other measurement.
(3) In this Order, latitude and longitude are stated by reference to the World Geodetic System (WGS84), revised in 1984 and further revised in 2004.
3 Incorporation of provisions of Harbours, Docks and Piers Clauses Act 1847
(1) The 1847 Act, except sections 6 to 20, 22 to 26, 28 to 32, 35, 37, 38, 41, 42, 49, 50, 54, 55, 59 to 62, 66, 67, 69 to 73, 75, 77, 84 to 92 and 97 to 102, is incorporated with this Order, so far as applicable to the purposes and not inconsistent with the provisions of this Order.
(2) The incorporation of the 1847 Act under paragraph (1) is subject to the modifications stated in paragraphs (3) to (8).
(3) In section 3 (interpretation), for the definition of the word “vessel” substitute the definition of that word in article 2(1) of this Order.
(4) In section 53 (penalty on shipmasters not complying with directions of the harbour master)—
(a) for “level 2” substitute “level 4”;
(b) the reference to “notice” of a direction served by the harbour master is not to be construed as requiring the notice to be in writing and may include the communication of the notice orally or otherwise.
(5) In section 63 (penalty on vessels lying near the entrance of harbour or dock without permission), for “liable to” to the end of the section substitute “guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale”.
(6) In section 74 (owner of vessel answerable for damage to works), omit from “provided always” to the end of the section.
(7) In section 83 (byelaws may be made for all or any of the purposes herein named), omit from “and such byelaws” to the end of the section.
(8) In construing the provisions of the 1847 Act—
(a) “the special Act” means this Order;
(b) “the undertakers” means the Authority;
(c) “the harbour, dock, or pier” means the port.
(9) The 1847 Act ceases to be incorporated with the 1886 Act, the 1897 Act, the Tyne Improvement Act 1907, the 1925 Act, the Tyne Improvement Act 1929 and the 1934 Act.
(10) Insofar as the 1847 Act is incorporated with the 1957 Act or the 1967 Scheme, any such incorporation ceases to have effect and instead is replaced by the provisions of paragraphs (1) to (8), subject to the following modifications—
(a) in paragraphs (1) and (8)(a) for “this Order” substitute—
(i) in respect of the 1957 Act, “this Act”, and
(ii) in respect of the 1967 Scheme, “this Scheme”;
(b) in paragraph (3) for “this Order” substitute “the Port of Tyne Harbour Revision Order 2026”;
(c) in paragraph (8)(c) after “port” insert “as defined in article 2(1) of the Port of Tyne Harbour Revision Order 2026”.
4 Incorporation of section 60 of the Commissioners Clauses Act 1847
(1) Section 60 of the Commissioners Clauses Act 1847 (commissioners not to be personally liable and to be indemnified for acts done) only, is incorporated with this Order, subject to the modifications stated in paragraphs (2) and (3).
(2) Section 60 applies to officers of the Authority as it applies to members.
(3) In construing section 60, the expression “the special Act” means this Order.
(1) Subject to articles 6 (transitional arrangements), 7 (terms of office of subsequent members), 8 (declaration to be made by members) and 9 (casual vacancies), the Authority consists of—
(a) a chair and three other members appointed by the Secretary of State;
(b) five other members appointed by the Authority;
(c) the Chief Executive; and
(d) two other full-time officers of the Authority appointed by the chair after consultation with the Chief Executive.
(2) Each member appointed under paragraphs (1)(a) and (b) must be a person who appears to the Authority or the Secretary of State to have special knowledge, experience or ability appropriate to the efficient, effective and economic discharge by the Authority of its port functions including special knowledge, experience or ability in one or more of the following matters—
(a) commerce;
(b) maritime activities;
(c) health and safety;
(d) management;
(e) public relations and community issues;
(f) knowledge and understanding of the port and its surrounding area;
(g) industrial relations;
(h) shipping, fishing or cargo handling;
(i) accountancy or financial management;
(j) boating and other water related leisure activities;
(k) environmental matters affecting ports;
(l) any other skills and abilities considered by the Authority to be relevant to the discharge by the Authority of its port functions.
(3) The Authority and the Secretary of State must also secure, so far as reasonably practicable, that, together, the persons appointed by them under paragraphs (1)(a) and (b) have special knowledge, experience and ability in a broad and complementary range of matters relevant to the efficient, effective and economic discharge by the Authority of its port functions.
(4) In making an appointment under paragraphs (1)(a) and (b) or article 9 (casual vacancies), the Authority and the Secretary of State must act in accordance with any relevant guidance issued by the Secretary of State.
(5) In making an appointment under paragraph (1)(a) or article 9(1) (casual vacancies), the Secretary of State must consult with the Authority prior to making any such appointment.
(1) Subject to article 10 (removal of members) and paragraphs 4, 5 and 8 of Schedule 2 (incidental provisions relating to the Authority)—
(a) the existing chair continues in office until the end of their current term;
(b) the existing vice-chair continues in office until the end of their current term;
(c) the other members of the Authority appointed under article 3(1)(a) of the 1974 Order continue to be members of the Authority until the end of their current terms;
(d) the officers appointed as members of the Authority under article 3(1)(c) of the 1974 Order continue in office as members of the Authority.
(2) The first four vacancies arising in the offices of members appointed by the Secretary of State under article 3(1)(a) of the 1974 Order, except the chair, must be filled by the Authority in accordance with article 5(1)(b) of this Order.
(3) In Schedule 2, except in paragraphs 1 to 3, references to—
(a) “the chair” are to be construed as including a reference to the existing chair;
(b) “the vice-chair” are to be construed as including a reference to the existing vice-chair.
(1) A person appointed under article 5(1)(a) or (b) holds office for a period of three years following their appointment.
(2) An officer appointed under article 5(1)(d)—
(a) holds office until the Authority makes a resolution to remove that person from office;
(b) is eligible for reappointment for as long as they continue to be an officer of the Authority.
(3) This article is subject to articles 8 (declaration to be made by members), 9 (casual vacancies) and 10 (removal of members), and paragraphs 4 and 8 of Schedule 2 (incidental provisions relating to the Authority).
(1) The Secretary of State may fill a casual vacancy in the office of chair by appointing as chair a person who is already a member appointed under article 5(1)(a) or (b) and, if the Secretary of State does so, the appointment is to be deemed to create a casual vacancy in the office of the member who is appointed as the chair.
(2) A casual vacancy arising in the office of a member appointed under article 5(1)(a), other than the chair, must, unless it is not reasonably practicable to do so, be filled by the appointment of a member by the Secretary of State in accordance with the requirements of article 5(2) to (5).
(3) A casual vacancy arising in the office of a member appointed under article 5(1)(b) must, unless it is not reasonably practicable to do so, be filled by the appointment of a member by the Authority in accordance with the requirements of article 5(2) to (4).
(4) A person appointed to fill a casual vacancy under this article, subject to articles 8 (declaration to be made by members) and 10 (removal of members), and paragraph 8 of Schedule 2 (incidental provisions relating to the Authority), holds office for the remainder of the term of the member in whose place that person has been appointed.
(1) The Authority may declare the office of a member, except the chair and the Chief Executive, to be vacant if the Authority is satisfied that the member—
(a) has without the permission of the Authority been absent from the meetings of the Authority for the longer of a period—
(i) during which three consecutive meetings have been held, or
(ii) of four consecutive months;
(b) has become bankrupt or made an arrangement with creditors;
(c) is incapacitated by physical or mental illness from discharging the functions of a member; or
(d) is otherwise unable, unwilling or unfit to discharge the functions of a member.
(2) A person whose office as a member has been declared vacant in accordance with paragraph (1) is not eligible for reappointment as a member in the future, unless that person receives prior written authority from the Authority authorising that person to apply to be reappointed as a member.
(3) The Authority may declare the office of a member appointed under article 5(1)(d) of this Order or article 3(1)(c) of the 1974 Order to be vacant, and their term as a member is deemed to end.
(4) Upon a declaration being made under paragraph (1) or (3), the relevant member of the Authority ceases to hold office as a member.
(5) The term of office of a member appointed under article 5(1)(d) of this Order or article 3(1)(c) of the 1974 Order is deemed to end if they cease to be an officer of the Authority.
The Authority may enter into, and pay premiums for, a contract of insurance to indemnify the members of the Authority jointly or severally against personal liability arising from any act or omission of the members of the Authority jointly or of a single member; not being an act or omission which the member or members in question knew to be a breach of their duty or, concerning which, the member or members were reckless as to whether it was such a breach.
(1) The Authority exercises jurisdiction as a harbour authority, and the powers of the harbour master are exercisable, within the port, the limits of which are described in Schedule 3 (limits of port).
(2) In the event of any discrepancy between the descriptions of the port referred to in Schedule 3 (limits of port) and the boundaries shown on the port limits map and the port premises map, or any illustrative plan required under paragraph (4)(b), the descriptions in question prevail over the said maps or plan.
(3) The port premises shown on the port premises map are deemed to be operational land within the meaning and for the purposes of the Town and Country Planning Act 1990.
(4) The Authority must keep and make available for inspection at the port office and on the port website—
(a) the port limits map; and
(b) the port premises map and, in the event of any alterations to the extent of the port premises, an illustrative plan reflecting the extent of those alterations.
(5) Any illustrative plan required under paragraph (4)(b) must be made available within the period of 30 days beginning with the day on which the alterations are made.
(6) For and incidental to the performance of its port functions, the Authority may employ and appoint harbour masters.
(7) The Authority, within the port, is a local lighthouse authority within the meaning of section 193 of the 1995 Act (general and local lighthouse authorities) and section 201 of that Act (powers of harbour authorities).
(1) The Authority may, subject to the provisions of this Order, take all such steps as it considers necessary or desirable for the maintenance, operation, management and improvement of the port and the port facilities provided within the port or in connection with the port undertaking, and for the conservation of the port’s flora, fauna and geological and physiographical features of special interest.
(2) For those purposes and without limiting the scope of paragraph (1), the Authority may—
(a) improve, maintain, regulate, manage, mark and light the port and provide port facilities;
(b) subject to holding the necessary rights in or over land—
(i) execute and place in and over the port such structures, works and equipment as are required, and
(ii) operate, maintain, renew, alter, extend, demolish and reconstruct structures, port facilities, works and equipment in the port (including those executed or placed in accordance with sub-paragraph (i));
(c) acquire land;
(d) invest any sums not immediately required for the purposes of the port undertaking and turn its resources to account so far as not required for those purposes;
(e) do all other things which in its opinion are expedient to facilitate the maintenance, operation, improvement or development of the port undertaking.
(3) The Authority must publish and maintain a business plan in relation to its maintenance, conservation, operation, management and improvement of the port undertaking, which it must have regard to when performing its port functions.
(4) In the exercise of the powers of paragraph (2)(b), the Authority must not, without the consent of the statutory undertaker concerned—
(a) interfere with, damage or otherwise injuriously affect any apparatus belonging to or maintained by any statutory undertaker;
(b) do anything which obstructs or impedes any work relating to the inspection or repair of any such apparatus.
(5) This article is without limitation of the powers of the Authority under or by virtue of any other enactment.
The Authority must apply the port revenue in the following way—
(a) firstly, in payment of the working and establishment expenses and cost of maintenance of the port;
(b) secondly, in payment of the interest on any moneys borrowed by the Authority for the port undertaking under any statutory borrowing power;
(c) thirdly, in payment of all other expenses properly chargeable to port revenue;
(d) fourthly, to any reserve fund maintained under article 16 (reserve fund).
(1) The Authority may have and maintain a reserve fund.
(2) The Authority may carry to any such reserve fund such part of the port revenue that is available in accordance with article 15(d).
(3) Any reserve fund established or maintained under this article may be applied by the Authority in its discretion—
(a) in or towards meeting any deficiency in port revenue for the purposes of article 15(a) to (c) in any year;
(b) to meet any extraordinary claim or demand in respect of the port undertaking;
(c) in or towards payment of the cost of renewing, improving, extending or replacing any part of the works forming part of the port undertaking or any vessels, plant or equipment of the Authority connected to the port undertaking;
(d) in the repayment of any moneys borrowed;
(e) for improving the operational area and the navigation of the port and the approaches to the port;
(f) for any other lawful purpose sanctioned by the Authority and connected with the port undertaking.
(1) The Authority, or a subsidiary of the Authority, may borrow, by any methods it sees fit, such sums of money as it thinks necessary for the purposes of the port undertaking.
(2) A sum of money borrowed under paragraph (1) by the Authority, or any subsidiary of the Authority, may be borrowed upon the security of some or all of—
(a) its assets;
(b) its revenues;
(c) a combination of its assets and revenues.
(3) The Authority, or a subsidiary of the Authority, may effect such arrangements as it thinks fit to mitigate against any financial risk incurred in the exercise of its powers under paragraph (1).
The Authority may borrow temporarily, by way of overdraft or otherwise, such sums of money as the Authority may require for the purposes of the port undertaking.
19 Charges other than ship, passenger and goods dues
(1) The Authority may demand, take and recover in respect of any chain ferry or dracone, floating dock, crane, rig, drilling rig, floating platform or any other vessel, not being a ship, entering, using, within or leaving the port such reasonable charges, including in relation to goods and passengers carried, as it may determine.
(2) The Authority must keep a list showing the charges which may be demanded, taken and recovered under paragraph (1) at the port office and must—
(a) make the list available for inspection by any person during office hours;
(b) provide a copy of the list to any person on request.
(3) Paragraph (2) is subject to article 22 of this Order and does not apply to combined charges within the meaning of section 27A of the 1964 Act.
(4) If a charge under paragraph (1) is required to be published on the list referred to in paragraph (2), the Authority is only entitled to demand, take or recover a charge under paragraph (1) if, at the time it was incurred, it was published on that list.
(5) Section 31 of the 1964 Act (right of objection) applies to the charges authorised by this article as it applies to ship, passenger and goods dues demanded under section 26 of the 1964 Act, subject to the following modifications—
(a) in subsection (1), for “ship, passenger and goods dues” substitute “charges levied under article 19 of the Port of Tyne Harbour Revision Order 2026 (charges other than ship, passenger and goods dues);”;
(b) in subsections (2)(b)(iii) and (iv), for “ships” substitute “chain ferries, vessels”.
In addition to article 19 (charges other than ship, passenger and goods dues) and its power to demand ship, passenger and goods dues under section 26 of the 1964 Act, the Authority may demand, take and recover such reasonable charges for services and facilities provided by the Authority at the port or in connection with the port undertaking as it may determine.
(1) The charges which the Authority is authorised to demand, take and recover in respect of vessels and goods or otherwise under any enactment—
(a) are payable before the removal from the port of any vessel or goods in respect of which they are payable;
(b) may be demanded, taken and recovered—
(i) by such persons,
(ii) at such places,
(iii) at such times,
(iv) under such terms and conditions,
as the Authority may specify in its published list of charges.
(2) Charges payable to the Authority in respect of—
(a) a vessel, are payable by the owner or master;
(b) goods, are payable by the owner, consignee or shipper of the goods.
(3) Where charges payable to the Authority may be recovered from more than one person, the persons from whom they may be recovered are jointly and severally liable.
(4) Without limitation to the scope of paragraph (1), any terms and conditions regarding the payment of charges which the Authority may specify may include—
(a) the time when a charge is due for payment;
(b) requirements for such information to be given to the Authority by the owner or master of a vessel or the owner, consignee or shipper of goods, or a person using a service or facility of the Authority, as the Authority may require in connection with the assessment or collection of a charge.
(5) Where charges payable to the Authority have not been paid by the time they are due for payment, until such charges have been paid in full the Authority may refuse entry to, require removal from, or detain within, the port—
(a) the vessel or goods to which the charges relate; and
(b) any other vessels or goods that the—
(i) owner or master of the vessel, or
(ii) owner of the goods,
to which the charges relate is also the owner or master of.
(1) The Authority may confer total or partial exemptions from, allow rebates to or make composition agreements with any person with respect to charges, and may vary or withdraw any such exemption, rebate or composition agreement.
(2) Nothing in section 30 of the 1964 Act (duty to make available for inspection and keep for sale lists of certain charges) requires the Authority to include in the list of ship, passenger and goods dues, as required by subsection (1) of that section, ship, passenger and goods dues—
(a) reduced by a total or partial exemption; or
(b) subject to a composition agreement or rebate.
(3) Nothing in article 19 of this Order requires the Authority to include in the list of charges, as required by paragraph (2) of that article, charges—
(a) reduced by a total or partial exemption; or
(b) subject to a composition agreement or rebate.
(1) The Authority may, if it thinks fit, require a person who incurs or is about to incur a charge to deposit with it, or to guarantee, such sum of money as is, in the opinion of the Authority, reasonable having regard to the amount or probable amount of the charge.
(2) Where such a person fails to deposit or guarantee the sum of money required, the Authority may detain in the port the vessel or goods to which the charge relates, or refuse entry to, or require removal from the port of the vessel or goods, until the requirement has been complied with or the charge paid.
(3) Where such a person deposits the sum of money required, the Authority must return the surplus to that person within a reasonable time if—
(a) no charge was incurred;
(b) the deposited sum exceeds the actual charge incurred.
(1) A person who, by agreement with the Authority, collects charges on its behalf and who pays or gives security for the payment of charges on goods in that person’s possession has a lien on those goods for the amount paid or security given on those goods.
(2) A wharfinger or carrier who is not personally liable for the payment of charges may pay or by agreement with the Authority give security for charges on goods in that person’s custody, and in that event that person has a like lien on the goods for the amount of those charges as that person would have in respect of their charges for safe custody or carriage of the goods.
The harbour master may prevent a vessel from entering the port or using a landing place, mooring or other facility provided by the Authority, if the master of the vessel refuses to pay the charges for such use.
Except as may be agreed between the Authority and the government department or person concerned, the Authority is not entitled to demand ship, passenger and goods dues from, or in respect of—
(a) a vessel—
(i) in the service of HM Revenue and Customs or the Secretary of State for Defence in the execution of their core duties and not carrying persons or goods for reward,
(ii) belonging to or used by a lifeboat service whilst employed in or in connection with the core functions of that service,
(iii) in the service of a police force or other emergency service in the execution of their core duties and not carrying persons or goods for reward;
(b) HM Revenue and Customs or any officer or other person employed in its service in execution of their core duties in respect of a vessel or goods under customs seizure, or in respect of goods or other articles belonging to, or in the care or service of, HM Revenue and Customs;
(c) an officer of HM Revenue and Customs or any other person employed in its service while in the execution of their core duties;
(d) a person employed by the Secretary of State for Defence while in the execution of their core duties;
(e) Officers of the Department for Transport in the execution of their core duties.
(1) In addition to any other remedy given by this Order and by the 1847 Act as incorporated with this Order, the Authority may recover any charges payable to it as a debt.
(2) Where the master of a vessel in respect of which a charge is payable to the Authority refuses or neglects to pay the same or any part of it, paragraph (1) applies whether or not the Authority’s collector, in circumstances where the powers under section 44 of the 1847 Act (recovery of tonnage rates by distraint of ship and tackle) are exercisable, has gone on board the vessel and demanded payment of the charge under those powers.
28 Harbour master may prevent removal or sailing of vessels
The harbour master may prevent the removal or sailing from the port 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 on the vessel.
29 Power to give general directions as to the use of the port, etc.
(1) The Authority may, in accordance with the requirements of article 30 (procedure for giving, amending or revoking general directions), give a general direction for all or any of the following purposes—
(a) the ease, convenience or safety of navigation;
(b) the safety of persons;
(c) the protection of property, flora or fauna;
(d) the ease, convenience or safety of port operations ashore,
within the port.
(2) A direction under this article may apply—
(a) to all vessels or to a class of vessel;
(b) to all vehicles or to a class of vehicle;
(c) to persons designated in the direction;
(d) to the whole of the port or to a part;
(e) at all times or at certain times or at certain states of the tide,
and every direction must specify the extent of its application in relation to those matters.
(3) The Authority may amend or revoke a direction given under paragraph (1).
(4) The Authority must keep and make available for inspection at the port office and on the port website a public register of all in force general directions.
30 Procedure for giving, amending or revoking general directions
(1) Subject to paragraph (7), if the Authority proposes to give, amend or revoke a general direction, it must—
(a) give notice in writing of the proposal and a plan of the area over which the proposal applies to the “designated consultees” them being—
(i) the Chamber of Shipping,
(ii) the Royal Yachting Association,
(iii) the Port Advisory Group, and
(iv) such other persons as it considers appropriate for the purposes of the application of this provision;
(b) on the same date as the notice given in accordance with sub-paragraph (a), place a notice of the proposal on the port website and in prominent locations at the port and keep them on display for a minimum of six weeks;
(c) consult with the designated consultees upon the proposal and allow a period of not less than six weeks beginning with the date of the notices given in accordance with sub-paragraphs (a) and (b) for written representations to be made by the designated consultees and any other persons to the Authority regarding the proposal;
(d) have regard to all representations made during consultation;
(e) following consultation, give notice in writing to the designated consultees, and to those other persons that have provided a representation, confirming whether the Authority proposes to proceed with the proposal and, if so, specifying whether it is making any modifications to the proposal and its reasons for doing so; and
(f) if the Authority proposes to proceed with the proposal and a designated consultee has made representations against the proposal, invite that designated consultee to confirm in writing whether they maintain their representation against the proposal within 28 days beginning with the date of the notice given in accordance with sub-paragraph (e), or such longer period as the Authority may specify.
(2) Where the Authority has complied with paragraph (1), it may proceed to give, amend or revoke a general direction if—
(a) none of the designated consultees have made representations against the proposal;
(b) none of the designated consultees which made representations against the proposal have confirmed in writing that they are maintaining their representations against the proposal in accordance with paragraph (1)(f); or
(c) where a designated consultee has maintained representations against the proposal in accordance with paragraph (1)(f), the requirements of paragraph (3) have been complied with.
(3) Where a designated consultee has confirmed in writing to the Authority that they maintain their representations against the proposal—
(a) the issue must be referred to an independent person (“the adjudicator”) appointed—
(i) by agreement between the Authority and each designated consultee maintaining representations against the proposal in accordance with paragraph (1)(f) (“the parties”), or
(ii) failing agreement, by the President of the London Maritime Arbitrators Association on the application of any of the parties;
(b) so far as is reasonably practicable within 12 weeks beginning with the date of the referral, the adjudicator must—
(i) provide a reasonable opportunity for the parties to make representations to, or be heard at a hearing by, the adjudicator, and
(ii) make a written report to the parties with findings and recommendations on the issue; and
(c) the Authority must decide whether to exercise the power to give, amend or revoke the general direction having regard to the adjudicator’s report (but it is not bound to give effect to any recommendations) and, once it has decided, must give notice in writing to the designated consultees and to any other person that provided a representation of its decision and the reasons for that decision.
(4) Except as otherwise provided for in paragraph (3), the adjudicator may determine the procedure for the making of representations and the conduct of any hearing.
(5) The costs incurred by the adjudicator and the parties from a referral under paragraph (3) are to be paid by one or more of the parties as the adjudicator may direct.
(6) If the Authority wishes to exercise the power to give, amend or revoke a general direction in a form materially different from both the form notified to the designated consultees under paragraph (1)(e) and, where paragraph (3) applies, the form recommended by the adjudicator under paragraph (3)(b), it must proceed as if the proposal is a new proposal to which paragraph (1) applies.
(7) Paragraphs (1) to (6) do not apply where, in the interests of navigational safety, or safety of persons, the Authority proposes to give or amend a general direction—
(a) in an emergency; or
(b) relating to an intended activity or operation within the port, if—
(i) the intended activity or operation is expected to commence within 16 weeks of the Authority having been notified or otherwise becoming aware of the intended activity or operation,
(ii) the intended activity or operation is to last less than 28 days, and
(iii) the Authority considers that the giving or amending of a general direction in relation to the intended activity or operation is required, taking into account other activities or operations in the port which may be affected.
(8) Where the Authority proceeds to give or amend a general direction in accordance with paragraph (7), it must—
(a) as soon as is reasonably practicable give notice of the direction or amendment to those persons who would have been designated consultees had paragraph (1)(a) applied; and
(b) if the direction or amendment is intended to continue in force for more than 12 weeks, apply the procedure under paragraphs (1)(c) to (f) and paragraphs (2) to (6) to the direction or amendment with the following modifications—
(i) a reference to the ‘proposal’ in those paragraphs is to be read as a reference to the direction or amendment,
(ii) in paragraph (1)(c), for “sub-paragraphs (a) and (b)” substitute “paragraph (8)(a)”, and
(iii) a reference to ‘proceed with the proposal’ or ‘proceed to give’ is to be read as a reference to the Authority determining that the direction or amendment should remain in force.
(1) Subject to paragraph (4), the Authority must publish a notice of the giving, amendment or revocation of a general direction as soon as reasonably practicable on one occasion in a newspaper circulating in the area of the port and electronically on the port website for the period of 28 days from the date of publication of the notice in the newspaper.
(2) The notice must state a place at which copies of the general direction may be inspected.
(3) The Authority must display notices of general directions that apply to the port premises at prominent locations within the port.
(4) In an emergency, the Authority may give notice of the giving or amendment of a general direction in any manner which it considers to be appropriate.
(1) The harbour master may give a special direction in respect of a vessel anywhere in the port for any of the following purposes—
(a) requiring a person to comply with a requirement made in or under a general direction;
(b) regulating or requiring the movement, anchorage, berthing, mooring or unmooring of the vessel;
(c) regulating the loading, discharging, storing and safeguarding of its cargo, fuel, water or stores, and the dispatch of its business at the port premises;
(d) specifying the precautions to be taken in respect of apparatus, machinery and equipment;
(e) prohibiting, extinguishing or restricting the use of fires or lights;
(f) regulating the discharge or use of ballast;
(g) requiring the removal of the vessel from any part of the port if the vessel—
(i) is on fire,
(ii) is in such condition as to be liable to become immobilised or waterlogged, to sink or to constitute a danger to life (including wildlife) or property,
(iii) is making an unlawful use of the port or interfering with the reasonable use or enjoyment of the port by other vessels or persons or the dispatch of business in the port,
(iv) needs to be removed to enable maintenance or repair work to be carried out to the port;
(h) requiring the vessel to be removed to a place outside the port if such removal is considered by the harbour master to be necessary in order to avoid danger to life (including wildlife) or to property.
(2) A special direction relating to a vessel must specify a particular person to whom the direction is addressed, either by name or by a description sufficient to enable the person in question to be identified.
(3) A special direction may be given in any manner considered by the harbour master to be appropriate.
(4) The harbour master may amend or revoke a special direction.
(5) Special directions and directions given under section 52 of the 1847 Act by the harbour master prevail over general directions given, or byelaws made, by the Authority in the event of a conflict.
(1) A person who fails to comply with a general direction or a special direction is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(2) In any proceedings for an offence under paragraph (1), it is a defence for the person charged to prove that they took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
(1) Without limiting any other remedy available to the Authority, if a special direction is not complied with within a reasonable time, the harbour master may put persons on board the vessel subject to the special direction to carry out the special direction or may otherwise cause the vessel to be handled in accordance with the special direction.
(2) If there is no one on board a vessel to comply with a special direction and, after reasonable inquiry has been made, the master cannot be found, the harbour master may proceed as if the special direction had been given and not complied with.
(3) Expenses incurred by the Authority in the exercise of the powers conferred by paragraph (1) are recoverable by the Authority as if they were a charge of the Authority in respect of the vessel.
35 Master’s responsibility in relation to directions
The giving of a general direction, special direction or direction under section 52 of the 1847 Act does not diminish or in any other way affect the responsibility of the master of the vessel in relation to which the direction is given, in relation to the vessel, its cargo, persons on board the vessel, or any other vessel, cargo, person or property.
(1) A duly authorised officer of the Authority may, on producing their authority if asked, enter and inspect a vessel or vehicle in the port for the purposes of any enactment relating to the port undertaking, including enforcement.
(2) Such advance notice as is reasonably practicable in the circumstances must be served on the owner or master of the vessel or the owner of the vehicle before a duly authorised officer of the Authority enters and inspects a vessel or vehicle under paragraph (1) except—
(a) in an emergency; or
(b) where the giving of advance notice would obstruct the purpose of exercising the power.
(3) If the owner or master of the vessel or the owner of the vehicle cannot be identified after reasonable enquiries have been made, notice may be served by affixing it to the vessel or vehicle.
Any direction, byelaw, regulation, licence, lease, consent or other agreement made, issued, entered into or granted by the Authority in relation to the port undertaking and in force immediately before this Order comes into force continues to have effect, notwithstanding the amendments set out in articles 66 to 73 and the revocations and repeals set out in article 74 and Schedule 4.
(1) The Authority must establish one or more advisory bodies which the Authority must, except in an emergency, consult on all matters which the Authority considers substantially affect the management, maintenance, improvement, conservation, protection or regulation of the port and its navigation.
(2) The Authority must make arrangements for every advisory body established under this article to meet at least twice a year.
(3) The Authority must take into consideration within a reasonable period any matter, recommendation or representation which may be referred or made to it by an advisory body established under this article whether or not that advisory body has been consulted by the Authority on the matter, recommendation or representation referred or made.
(4) Any advisory body established under this article must consist of such number of persons appointed by the Authority as the Authority considers appropriate.
(5) Appointments to any advisory body established under this article must be made by the Authority in accordance with a scheme prepared by it for that purpose, and the scheme must provide for the appointment of persons who, in the opinion of the Authority, are representative of persons having an interest in the functioning of the port.
(6) Any advisory body established under this article may determine its own quorum and procedure and must appoint a chair from amongst its members.
(7) An individual appointed as a member of any advisory body established under this article holds office for the period of three years and, at the end of each three year period, is eligible for reappointment for a further three year period.
(8) A member of any advisory body established under this article may resign their office at any time by notice in writing given to the Authority.
(1) The Authority may, subject to holding the necessary rights in or over land and provided that it is conducive to the improvement, maintenance or management of the port undertaking in an efficient and economical manner—
(a) use or develop for any purpose, and deal with, any land within or in the vicinity of the port;
(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 port.
(2) Except as is otherwise provided by any enactment, 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 Authority would not itself have the power to do that thing.