(1) ACAS shall as soon as practicable after the end of each financial year make a report to the Secretary of State on its activities during that year.
The Secretary of State shall lay a copy of the report before each House of Parliament and arrange for it to be published.
(2) ACAS shall keep proper accounts and proper records in relation to the accounts and shall prepare in respect of each financial year a statement of accounts, in such form as the Secretary of State may, with the approval of the Treasury, direct.
(3) ACAS shall not later than 30th November following the end of the financial year to which the statement relates, send copies of the statement to the Secretary of State and to the Comptroller and Auditor General.
(4) The Comptroller and Auditor General shall examine, certify and report on each such statement and shall lay a copy of the statement and of his report before each House of Parliament.
(1) There shall continue to be an officer called the Certification Officer.
(2) The Certification Officer shall be appointed by the Secretary of State after consultation with ACAS (but is not subject to directions of any kind from any Minister of the Crown as to the manner in which he is to exercise his functions).
(3) The Certification Officer may appoint one or more assistant certification officers and shall appoint an assistant certification officer for Scotland.
(4) The Certification Officer may delegate to an assistant certification officer such functions as he thinks appropriate, and in particular may delegate to the assistant certification officer for Scotland such functions as he thinks appropriate in relation to organisations whose principal office is in Scotland.
References to the Certification Officer in enactments relating to his functions shall be construed accordingly.
(5) ACAS shall provide for the Certification Officer the requisite staff (from among the officers and servants of ACAS) and the requisite accommodation, equipment and other facilities.
(5A) ... ACAS shall pay to the Certification Officer such sums as he may require for the performance of any of his functions.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
255 Remuneration, &c. of Certification Officer and assistants.
(1) ACAS shall pay to the Certification Officer and any assistant certification officer such remuneration and travelling and other allowances as may be determined by the Secretary of State.
(2) The Secretary of State may pay, or make provision for payment, to or in respect of the Certification Officer and any assistant certification officer such pension, allowance or gratuity on death or retirement as he may determine.
(3) Where a person ceases to be the Certification Officer or an assistant certification officer otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation, he may make him a payment of such amount he may determine.
(4) The approval of the Treasury is required for any determination by the Secretary of State under this section.
(1) Except in relation to matters as to which express provision is made by or under an enactment, the Certification Officer may regulate the procedure to be followed—
(a) on any application or complaint made to him, ...
(b) where his approval is sought with respect to any matter, or
(c) determining whether to make a declaration or order under section 24B ... , 45C, 55, 72A, 80, 82 or 103 ....
(2) He shall in particular make provision about the disclosure, and restriction of the disclosure, of the identity of an individual who has made or is proposing to make any such application or complaint.
(2A) Provision under subsection (2) shall be such that if the application or complaint relates to a trade union—
(a) the individual’s identity is disclosed to the union unless the Certification Officer thinks the circumstances are such that it should not be so disclosed;
(b) the individual’s identity is disclosed to such other persons (if any) as the Certification Officer thinks fit.
(3) The Secretary of State may, with the consent of the Treasury, make a scheme providing for the payment by the Certification Officer to persons of such sums as may be specified in or determined under the scheme in respect of expenses incurred by them for the purposes of, or in connection with, their attendance at hearings held by him in the course of carrying out his functions.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) At any stage of proceedings on an application or complaint made to the Certification Officer, he may—
(a) order the application or complaint, or any response, to be struck out on the grounds that it is scandalous, vexatious, has no reasonable prospect of success or is otherwise misconceived,
(b) order anything in the application or complaint, or in any response, to be amended or struck out on those grounds, or
(c) order the application or complaint, or any response, to be struck out on the grounds that the manner in which the proceedings have been conducted by or on behalf of the applicant or complainant or (as the case may be) respondent has been scandalous, vexatious, or unreasonable.
(2) The Certification Officer may order an application or complaint made to him to be struck out for excessive delay in proceeding with it.
(3) An order under this section may be made on the Certification Officer’s own initiative and may also be made—
(a) if the order sought is to strike out an application or complaint, or to amend or strike out anything in an application or complaint, on an application by the respondent, or
(b) if the order sought is to strike out any response, or to amend or strike out anything in any response, on an application by the person who made the application or complaint mentioned in subsection (1).
(4) Before making an order under this section, the Certification Officer shall send notice to the party against whom it is proposed that the order should be made giving him an opportunity to show cause why the order should not be made.
(5) Subsection (4) shall not be taken to require the Certification Officer to send a notice under that subsection if the party against whom it is proposed that the order under this section should be made has been given an opportunity to show cause orally why the order should not be made.
(6) Nothing in this section prevents the Certification Officer from making further provision under section 256(1) about the striking out of proceedings on any application or complaint made to him.
(7) An appeal lies to the Employment Appeal Tribunal on any question of law arising from a decision of the Certification Officer under this section.
(8) In this section—
“response” means any response made by a trade union or other body in the exercise of a right to be heard, or to make representations, in response to the application or complaint;
“respondent” means any trade union, or other body, that has such a right.
(1) The Certification Officer may refuse to entertain any application or complaint made to him under a provision of Chapters III to VIIA of Part I by a vexatious litigant.
(2) The Certification Officer must give reasons for such a refusal.
(3) Subsection (1) does not apply to a complaint under section 37E(1)(b) or to an application under section 41.
(4) For the purposes of subsection (1) a vexatious litigant is a person who is the subject of—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) a civil proceedings order or an all proceedings order which is made under section 42(1) of the Senior Courts Act 1981 and which remains in force,
(c) an order which is made under section 1 of the Vexatious Actions (Scotland) Act 1898 or a vexatious litigation order made under section 100 of the Courts Reform (Scotland) Act 2014, or
(d) an order which is made under section 32 of the Judicature (Northern Ireland) Act 1978.
(1) For the purposes of a relevant enactment an application to the Certification Officer shall be disregarded if—
(a) it was made under a provision mentioned in the relevant enactment, and
(b) it was refused by the Certification Officer under section 256A(1).
(2) The relevant enactments are sections 26(8), 31(7), 45C(5B), 56(8), 72A(10), 81(8) and 108A(13).
257 Custody of documents submitted under earlier legislation.
(1) The Certification Officer shall continue to have custody of the annual returns, accounts, copies of rules and other documents submitted for the purposes of—
(a) the Trade Union Acts 1871 to 1964,
(b) the Industrial Relations Act 1971, or
(c) the Trade Union and Labour Relations Act 1974,
of which he took custody under section 9 of the Employment Protection Act 1975.
(2) He shall keep available for public inspection (either free of charge or on payment of a reasonable charge) at all reasonable hours such of those documents as were available for public inspection in pursuance of any of those Acts.
(1) The Certification Officer shall, as soon as practicable after the end of each financial year, make a report of his activities during that year to ACAS and to the Secretary of State.
(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Secretary of State shall lay a copy of the report before each House of Parliament and arrange for it to be published.
(2) The accounts prepared by ACAS in respect of any financial year shall show separately any sums disbursed to or on behalf of the Certification Officer in consequence of the provisions of this Part.
(1) There shall continue to be a body called the Central Arbitration Committee.
(2) The functions of the Committee shall be performed on behalf of the Crown, but not so as to make it subject to directions of any kind from any Minister of the Crown as to the manner in which it is to exercise its functions.
(3) ACAS shall provide for the Committee the requisite staff (from among the officers and servants of ACAS) and the requisite accommodation, equipment and other facilities.
(1) The Central Arbitration Committee shall consist of members appointed by the Secretary of State.
(2) The Secretary of State shall appoint a member as chairman, and may appoint a member as deputy chairman or members as deputy chairmen.
(3) The Secretary of State may appoint as members only persons experienced in industrial relations, and they shall include some persons whose experience is as representatives of employers and some whose experience is as representatives of workers.
(3A) Before making an appointment under subsection (1) or (2) the Secretary of State shall consult ACAS and may consult other persons.
(4) At any time when the chairman of the Committee is absent or otherwise incapable of acting, or there is a vacancy in the office of chairman, and the Committee has a deputy chairman or deputy chairmen—
(a) the deputy chairman, if there is only one, or
(b) if there is more than one, such of the deputy chairmen as they may agree or in default of agreement as the Secretary of State may direct,
may perform any of the functions of chairman of the Committee.
(5) At any time when every person who is chairman or deputy chairman is absent or otherwise incapable of acting, or there is no such person, such member of the Committee as the Secretary of State may direct may perform any of the functions of the chairman of the Committee.
(6) The validity of any proceedings of the Committee shall not be affected by any vacancy among the members of the Committee or by any defect in the appointment of a member of the Committee.
(1) The members of the Central Arbitration Committee shall hold and vacate office in accordance with their terms of appointment, subject to the following provisions.
(2) A person shall not be appointed to the Committee for a term exceeding five years, but previous membership does not affect eligibility for re-appointment.
(3) The Secretary of State may, with the consent of the member concerned, vary the terms of his appointment as to whether he is a full-time or part-time member.
(4) A member may at any time resign his membership, and the chairman or a deputy chairman may at any time resign his office as such, by notice in writing to the Secretary of State.
(5) If the Secretary of State is satisfied that a member—
(a) has become bankrupt or has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him or has made an arrangement with his creditors (or, in Scotland, has had his estate sequestrated or has made a trust deed for his creditors or has made and had accepted a composition contract), or
(b) is incapacitated by physical or mental illness, or
(c) is otherwise unable or unfit to discharge the functions of a member,
the Secretary of State may declare his office as a member to be vacant and shall notify the declaration in such manner as he thinks fit, whereupon the office shall become vacant.
(6) If the chairman or a deputy chairman ceases to be a member of the Committee, he shall also cease to be chairman or, as the case may be, a deputy chairman.
(1) ACAS shall pay to the members of the Central Arbitration Committee such remuneration and travelling and other allowances as may be determined by the Secretary of State.
(2) The Secretary of State may pay, or make provision for payment, to or in respect of a member of the Committee such pension, allowance or gratuity on death or retirement as he may determine.
(3) Where a person ceases to be the holder of the Committee otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation, he may make him a payment of such amount he may determine.
(4) The approval of the Treasury is required for any determination by the Secretary of State under this section.
(1) For the purpose of discharging its functions in any particular case the Central Arbitration Committee shall consist of the chairman and such other members as the chairman may direct:
Provided that, it may sit in two or more divisions constituted of such members as the chairman may direct, and in a division in which the chairman does not sit the functions of the chairman shall be performed by a deputy chairman.
(2) The Committee may, at the discretion of the chairman, where it appears expedient to do so, call in the aid of one or more assessors, and may settle the matter wholly or partly with their assistance.
(3) The Committee may at the discretion of the chairman sit in private where it appears expedient to do so.
(4) If in any case the Committee cannot reach a unanimous decision on its award, the chairman shall decide the matter acting with the full powers of an umpire or, in Scotland, an oversman.
(5) Subject to the above provisions, the Committee shall determine its own procedure.
(6) Part I of the Arbitration Act 1996 (general provisions as to arbitration) and section 3 of the Administration of Justice (Scotland) Act 1972 (power of arbiter to state case to Court of Session) sections 1 to 15 of and schedule 1 to the Arbitration (Scotland) Act 2010 do not apply to proceedings before the Committee.
(7) In relation to the discharge of the Committee’s functions under Schedule A1—
(a) section 263A and subsection (6) above shall apply, and
(b) subsections (1) to (5) above shall not apply.
263A Proceedings of the Committee under Schedule A1.
(1) For the purpose of discharging its functions under Schedule A1 in any particular case, the Central Arbitration Committee shall consist of a panel established under this section.
(2) The chairman of the Committee shall establish a panel or panels, and a panel shall consist of these three persons appointed by him—
(a) the chairman or a deputy chairman of the Committee, who shall be chairman of the panel;
(b) a member of the Committee whose experience is as a representative of employers;
(c) a member of the Committee whose experience is as a representative of workers.
(3) The chairman of the Committee shall decide which panel is to deal with a particular case.
(4) A panel may at the discretion of its chairman sit in private where it appears expedient to do so.
(5) If—
(a) a panel cannot reach a unanimous decision on a question arising before it, and
(b) a majority of the panel have the same opinion,
the question shall be decided according to that opinion.
(6) If—
(a) a panel cannot reach a unanimous decision on a question arising before it, and
(b) a majority of the panel do not have the same opinion,
the chairman of the panel shall decide the question acting with the full powers of an umpire or, in Scotland, an oversman.
(7) Subject to the above provisions, a panel shall determine its own procedure.
(8) The reference in subsection (1) to the Committee’s functions under Schedule A1 does not include a reference to its functions under paragraph 166 of that Schedule.
(1) The Central Arbitration Committee may correct in any award ,or in any decision or declaration of the Committee under Schedule A1, any clerical mistake or error arising from an accidental slip or omission.
(2) If a question arises as to the interpretation of an award of the Committee or of a decision or declaration of the Committee under Schedule A1,, any party may apply to the Committee for a decision; and the Committee shall decide the question after hearing the parties or, if the parties consent, without a hearing, and shall notify the parties.
(3) Decisions of the Committee in the exercise of any of its functions shall be published.
(1) ACAS shall, as soon as practicable after the end of each financialyear, make a report to the Secretary of State on the activities of the Central Arbitration Committee during that year.
For that purpose the Committee shall, as soon as practicable after the end of each calendar year, transmit to ACAS an account of its activities during that year.
(2) The accounts prepared by ACAS in respect of any financial year shall show separately any sums disbursed to or on behalf of the Committee in consequence of the provisions of this Part.
(1) The provisions of this Act have effect (except as mentioned below) in relation to Crown employment and persons in Crown employment as in relation to other employment and other workers or employees.
(2) The following provisions are excepted from subsection (1)—
section 87(4)(b) (power of tribunal to make order in respect of employer’s failure to comply with duties as to union contributions);
sections 184 and 185 (remedy for failure to comply with declaration as to disclosure of information);
Chapter II of Part IV (procedure for handling redundancies).
(3) In this section Crown employment means employment under or for the purposes of a government department or any officer or body exercising on behalf of the Crown functions conferred by an enactment.
(4) For the purposes of the provisions of this Act as they apply in relation to Crown employment or persons in Crown employment—
(a) employee and contract of employment mean a person in Crown employment and the terms of employment of such a person (but subject to subsection (5) below);
(b) dismissal means the termination of Crown employment;
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) the reference in 182(1)(e) (disclosure of information for collective bargaining: restrictions on general duty) to the employer’s undertaking shall be construed as a reference to the national interest; and
(e) any other reference to an undertaking shall be construed, in relation to a Minister of the Crown, as a reference to his functions or (as the context may require) to the department of which he is in charge, and in relation to a government department, officer or body shall be construed as a reference to the functions of the department, officer or body or (as the context may require) to the department, officer or body.
(5) Sections 137 to 143 (rights in relation to trade union membership: access to employment) apply in relation to Crown employment otherwise than under a contract only where the terms of employment correspond to those of a contract of employment.
(6) This section has effect subject to section 274 (armed forces) and section 275 (exemption on grounds of national security).
(1) Section 273 (application of Act to Crown employment) does not apply to service as a member of the naval, military or air forces of the Crown.
(2) But that section applies to employment by an association established for the purposes of Part XI of the Reserve Forces Act 1996 (territorial, auxiliary and reserve forces associations) as it applies to employment for the purposes of a government department.
(1) Section 273 (application of Act to Crown employment) does not apply to employment in respect of which there is in force a certificate issued by or on behalf of a Minister of the Crown certifying that employment of a description specified in the certificate, or the employment of a particular person so specified, is (or, at a time specified in the certificate, was) required to be excepted from that section for the purpose of safeguarding national security.
(2) A document purporting to be such a certificate shall, unless the contrary is proved, be deemed to be such a certificate.
(1) Section 138 (refusal of service of employment agency on grounds related to union membership), and the other provisions of Part III applying in relation to that section, bind the Crown so far as they relate to the activities of an employment agency in relation to employment to which those provisions apply.
This does not affect the operation of those provisions in relation to Crown employment by virtue of section 273.
(2) Sections 144 and 145 (prohibition of union membership requirements) and sections 186 and 187 (prohibition of union recognition requirements) bind the Crown.
(1) The provisions of this Act (except those specified below) apply in relation to employment as a relevant member of the House of Lords staff as in relation to other employment.
(1A) The following provisions are excepted from subsection (1)—
sections 184 and 185 (remedy for failure to comply with declaration as to disclosure of information),
Chapter II of Part IV (procedure for handling redundancies).
(2) Nothing in any rule of law or the law or practice of Parliament prevents a person from bringing a civil employment claim before the court or from bringing before an employment tribunal proceedings of any description . . . which could be brought before such a tribunal in relation to other employment.
(2A) For the purposes of the application of the other provisions of this Act as they apply by virtue of this section—
(a) the reference in section 182(1)(e) (disclosure of information for collective bargaining: restrictions) to a person’s undertaking shall be construed as a reference to the national interest or, if the case so requires, the interests of the House of Lords; and
(b) any other reference to an undertaking shall be construed as a reference to the House of Lords.
(3) In this section—
relevant member of the House of Lords staff means any person who is employed under a contract of employment with the Corporate Officer of the House of Lords;
civil employment claim means a claim arising out of or relating to a contract of employment or any other contract connected with employment, or a claim in tort arising in connection with a person’s employment; and
the court means the High Court or the county court .
(1) The provisions of this Act (except those specified below) apply in relation to employment as a relevant member of the House of Commons staff as in relation to other employment.
(2) The following provisions are excepted from subsection (1)—
sections 184 and 185 (remedy for failure to comply with declaration as to disclosure of information),
Chapter II of Part IV (procedure for handling redundancies).
(2A) Nothing in any rule of law or the law or practice of Parliament prevents a relevant member of the House of Commons staff from bringing a civil employment claim before the court or from bringing before an employment tribunal proceedings of any description which could be brought before such a tribunal by any person who is not such a member.
(3) In this section relevant member of the House of Commons staff has the same meaning as in section 139 of the Employment Protection (Consolidation) Act 1978.
civil employment claim means a claim arising out of or relating to a contract of employment or any other contract connected with employment, or a claim in tort arising in connection with a person’s employment; and
the court means the High Court or the county court.
(4) For the purposes of the other provisions of this Act as they apply by virtue of this section—
(a) employee and contract of employment include a relevant member of the House of Commons staff and the terms of employment of any such member (but subject to subsection (5) below);
(b) dismissal includes the termination of any such member’s employment;
(c) the reference in section 182(1)(e) (disclosure of information for collective bargaining: restrictions on general duty) to the employer’s undertaking shall be construed as a reference to the national interest or, if the case so requires, the interests of the House of Commons; and
(d) any other reference to an undertaking shall be construed as a reference to the House of Commons.
(5) Sections 137 to 143 (access to employment) apply by virtue of this section in relation to employment otherwise than under a contract only where the terms of employment correspond to those of a contract of employment.
(6) Subsections (6) to (12) of section 195 of the Employment Rights Act 1996 (person to be treated as employer of House of Commons staff) apply, with any necessary modifications, for the purposes of this section.
(1) In this Act worker includes an individual regarded in his capacity as one who works or normally works or seeks to work as a person performing ... personal dental services or providing ... general dental services, general ophthalmic services or pharmaceutical services in accordance with arrangements made—
(a) by NHS England under section 126 of the National Health Service Act 2006 or a Local Health Board under section ... 71 or 80 of the National Health Service (Wales) Act 2006 of the National Heath Service Act 1977, or
(b) by a Health Board under section 17C, ... 25, 26, or 27 of the National Health Service (Scotland) Act 1978 or as a person providing local pharmaceutical services under a pilot scheme established under section 134 of the National Health Service Act 2006 or section 92 of the National Health Service (Wales) Act 2006, or under an LPS scheme established under Schedule 12 to the National Health Service Act 2006 or Schedule 7 to the National Health Service (Wales) Act 2006;
and employer, in relation to such an individual, regarded in that capacity, means that ... body.
(2) In this Act “worker” also includes an individual regarded in his capacity as one who works or normally works or seeks to work as a person performing primary medical services or primary dental services—
(a) in accordance with arrangements made by the National Health Service Commissioning Board or a Local Health Board under section 92 or 107 of the National Health Service Act 2006, or section 50 or 64 of the National Health Service (Wales) Act 2006; or
(b) under a contract under section 84 or 100 of the National Health Service Act 2006 or section 42 or 57 of the National Health Service (Wales) Act 2006 entered into by him with the National Health Service Commissioning Board or a Local Health Board,
and “employer” in relation to such an individual, regarded in that capacity, means that ... Board.
(3) In this Act “worker” also includes an individual regarded in his capacity as one who works or normally works or seeks to work as a person performing primary medical services–
(a) in accordance with arrangements made by a Health Board under section 17C of the National Health Service (Scotland) Act 1978; or
(b) under a contract under section 17J of that Act entered into by him with a Health Board,
and “employer” in relation to such an individual, regarded in that capacity, means that Health Board.
(1) In this Act employee or worker does not include a person in police service; and the provisions of sections 137 and 138 (rights in relation to trade union membership: access to employment) do not apply in relation to police service.
(2) Police service means service as a member of any constabulary maintained by virtue of an enactment, or in any other capacity by virtue of which a person has the powers or privileges of a constable.
(1) In this section, “fixed term contract” means a contract of employment that, under its provisions determining how it will terminate in the normal course, will terminate—
(a) on the expiry of a specific term,
(b) on the completion of a particular task, or
(c) on the occurrence or non-occurrence of any other specific event other than the attainment by the employee of any normal and bona fide retiring age in the establishment for an employee holding the position held by him.
(2) The provisions of Chapter II of Part IV (procedure for handling redundancies) do not apply to employment under a fixed term contract unless—
(a) the employer is proposing to dismiss the employee as redundant; and
(b) the dismissal will take effect before the expiry of the specific term, the completion of the particular task or the occurrence or non-occurrence of the specific event (as the case may be).
The following provisions of this Act do not apply to employment as master or as member of the crew of a fishing vessel where the employee (or, in the case of sections 145A to 151, the worker) is remunerated only by a share in the profits or gross earnings of the vessel—
In Part III (rights in relation to trade union membership and activities)—
sections 137 to 143 (access to employment),
sections 145A to 151 (inducements and detriment), and
sections 168 to 173 (time off for trade union duties and activities;
...
(1) The following provisions of this Act do not apply to employment where under his contract of employment an employee ordinarily works, or in the case of a prospective employee would ordinarily work, outside Great Britain—
In Part III (rights in relation to trade union membership and activities)—
sections 137 to 143 (access to employment),
sections 145A to 151 (inducements and detriment), and
sections 168 to 173 (time off for trade union duties and activities;
In Part IV, sections 193 to 194 (duty to notify Secretary of State of certain redundancies).
(1A) Sections 145A to 151 do not apply to employment where under his contract personally to do work or perform services a worker who is not an employee ordinarily works outside Great Britain.
(1B) For the purposes of subsection (1) as it relates to sections 193 to 194, employment on board a ship registered in the United Kingdom or a GB-linked ship shall be treated as employment where under his contract a person ordinarily works in Great Britain.
(2) For the other purposes of subsection (1) and the purposes of subsection (1A) employment on board a ship registered in the United Kingdom shall be treated as employment where under his contract a person ordinarily works in Great Britain unless—
(a) the ship is registered at a port outside Great Britain, or
(b) the employment is wholly outside Great Britain, or
(c) the employee or, as the case may be, the worker or the person seeking employment or seeking to avail himself of a service of an employment agency, is not ordinarily resident in Great Britain.
(3) In this section, “GB-linked ship” means a ship providing a service—
(a) for the carriage of persons or goods, with or without vehicles, and
(b) that is within subsection (4) or (5).
(4) A service is within this subsection if it is operated between a place in Great Britain and another place in the United Kingdom.
(5) A service is within this subsection if—
(a) ships providing the service entered a harbour in Great Britain on at least 120 occasions in the period of 12 months ending with the day when the redundancy proposal in question is settled by the employer, or
(b) if the service has been provided for less than 12 months before that day, ships providing the service entered a harbour in Great Britain on at least 10 occasions in each month for which the service has been provided.
(6) But a service is not within subsection (5) if the service—
(a) is for the purpose of leisure or recreation, or
(b) is provided by a fishing vessel.
(7) In this section—
“harbour” has the same meaning as in the Harbours Act 1964;
“ship” has the same meaning as in section 193A (see subsection (4) of that section).