(1) In this Chapter, unless the context otherwise requires, “the Convention” means the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea 1996.
(2) The text of the Convention, excluding the annexes, is set out in Schedule 5A.
(3) In interpreting the definition of “hazardous and noxious substances” in Article 1, paragraph 5 of the Convention, any reference in that paragraph to a particular convention or code as amended shall be taken to be a reference to that convention or code as amended from time to time (whether before or after the commencement of this Chapter).
(1) Her Majesty may by Order in Council make such provision as She considers appropriate for the purpose of giving effect to—
(a) the Convention on or after its ratification by the United Kingdom; or
(b) any revision of the Convention which appears to Her Majesty in Council to have been agreed to by the Government of the United Kingdom.
(2) The power conferred by subsection (1) above to make provision for the purpose of giving effect to the Convention or an agreement revising the Convention includes power to provide for the provision to come into force even though the Convention or the agreement has not come into force.
(3) Without prejudice to the generality of subsection (1) above, an Order under that subsection may include provision—
(a) requiring contributions to be paid in accordance with the Convention to the International Hazardous and Noxious Substances Fund established under the Convention;
(b) for applying for the purpose mentioned in subsection (1) above any enactment or instrument relating to the pollution of the sea or other waters (including provisions creating offences) with such modifications, if any, as may be prescribed by the Order;
(c) making such modifications of any enactment or instrument (including, where the Order is made under paragraph (b) of that subsection, modifications of Schedule 5A and section 182C) as appear to Her Majesty to be appropriate for the purpose specified in that subsection;
(d) with respect to the application of the Order to the Crown;
(e) for detaining any ship in respect of which a contravention of a provision made by or under the Order is suspected to have occurred and, in relation to such a ship, for applying section 284 with such modifications, if any, as are prescribed by the Order;
(f) for a certificate issued by or on behalf of the Secretary of State and stating that at a particular time a particular substance was, or was not, a hazardous or noxious substance for the purposes of the Convention to be conclusive evidence of that matter.
(4) An Order under subsection (1) above may—
(a) make different provision for different circumstances;
(b) make provision for references in the Order to any specified document to operate as references to that document as revised or re-issued from time to time;
(c) provide for the delegation of functions exercisable by virtue of the Order;
(d) include such incidental, supplemental and transitional provisions as appear to Her Majesty to be expedient for the purposes of the Order; and
(e) authorise the making of regulations for the purposes of this section (except the purposes of subsection (3)(a), (b) and (c) above).
(5) A draft of an Order in Council proposed to be made by virtue of this section shall not be submitted to Her Majesty in Council unless it has been approved by a resolution of each House of Parliament.
(1) The Secretary of State may by order make such amendments of Schedule 5A and any Order in Council under section 182B(1) as appear to him to be appropriate for the purpose of giving effect to any amendment of a relevant limit which is adopted in accordance with article 48 of the Convention.
(2) In subsection (1) above, “a relevant limit” means any of the limits for the time being specified in article 9, paragraph 1 and article 14, paragraph 5 of the Convention.
(1) The provisions of the Convention relating to the Carriage of Passengers and their Luggage by Sea as set out in Part I of Schedule 6 (hereafter in this section and in Part II of that Schedule referred to as “the Convention”) shall have the force of law in the United Kingdom.
(2) The provisions of Part II of that Schedule shall have effect in connection with the Convention and subsection (1) above shall have effect subject to the provisions of that Part.
(2A) But—
(a) subsection (1) does not give the force of law in the United Kingdom to provisions to the extent that they apply to cases in which EC Regulation No. 392/2009 applies; and
(b) the provisions of Part 2 of that Schedule do not have effect in such cases.
(3) If it appears to Her Majesty in Council that there is a conflict between the provisions of this section or of Part I or II of Schedule 6 and any provisions relating to the carriage of passengers or luggage for reward by land, sea or air in—
(a) any convention which has been signed or ratified by or on behalf of the government of the United Kingdom before 4th April 1979 (excluding the Convention); or
(b) any enactment of the Parliament of the United Kingdom giving effect to such a convention,
She may by Order in Council make such modifications of this section or that Schedule or any such enactment as She considers appropriate for resolving the conflict.
(4) If it appears to Her Majesty in Council that the government of the United Kingdom has agreed to any revision of the Convention She may by Order in Council make such modification of Parts I and II of Schedule 6 as She considers appropriate in consequence of the revision.
(5) Nothing in subsection (1) , (2) or (2A) above or in any modification made by virtue of subsection (3) or (4) above shall affect any rights or liabilities arising out of an occurrence which took place before the day on which the subsection, or as the case may be, the modification, comes into force.
(6) This section shall bind the Crown, and any Order in Council made by virtue of this section may provide that the Order or specified provisions of it shall bind the Crown.
(7) A draft of an Order in Council proposed to be made under subsection (3) or (4) above shall not be submitted to Her Majesty in Council unless the draft has been approved by a resolution of each House of Parliament.
(8) In this section “EC Regulation No. 392/2009” means Regulation (EC) No. 329/2009 of the European Parliament and of the Council of 23 April 2009 on the liability of carriers of passengers by sea in the event of accidents.
184 Application of Schedule 6 to carriage within British Islands.
(1) Her Majesty may by Order in Council provide that Part I of Schedule 6—
(a) shall have the force of law in the United Kingdom, with such modifications as are specified in the Order, in relation to, and to matters connected with, a contract of carriage where the places of departure and destination under the contract are within the British Islands and under the contract there is no intermediate port of call outside those Islands; and
(b) shall, as modified in pursuance of paragraph (a) above, have effect in relation to, and to matters connected with, any such contract subject to the provisions of Part II of that Schedule or to those provisions with such modifications as are specified in the Order.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) An Order in Council made by virtue of subsection (1) above may provide that the Order or specified provisions of it shall bind the Crown.
(4) A draft of an Order in Council proposed to be made by virtue of subsection (1) above shall not be submitted to Her Majesty in Council unless the draft of the Order in Council has been approved by a resolution of each House of Parliament.
(5) In subsection (1) above expressions to which meanings are assigned by article 1 of the Convention set out in Part I of Schedule 6 have those meanings but any reference to a contract of carriage excludes such a contract which is not for reward.
(1) The provisions of the Convention on Limitation of Liability for Maritime Claims 1976 as set out in Part I of Schedule 7 (in this section and Part II of that Schedule referred to as “the Convention”) shall have the force of law in the United Kingdom.
(2) The provisions of Part II of that Schedule shall have effect in connection with the Convention, and subsection (1) above shall have effect subject to the provisions of that Part.
(2A) Her Majesty may by Order in Council make such modifications of Parts I and II of Schedule 7 as She considers appropriate in consequence of the revision of the Convention by the Protocol of 1996 amending the Convention (in this section referred to as “the 1996 Protocol”).
(2B) If it appears to Her Majesty in Council that the Government of the United Kingdom has agreed to any further revision of the Convention or to any revision of article 8 of the 1996 Protocol, She may by Order in Council make such modifications of Parts I and II of Schedule 7 and subsections (2C) and (2D) below as She considers appropriate in consequence of the revision.
(2C) The Secretary of State may by order make such amendments of Parts I and II of Schedule 7 as appear to him to be appropriate for the purpose of giving effect to any amendment of a relevant limit which is adopted in accordance with article 8 of the 1996 Protocol.
(2D) In subsection (2C) above “a relevant limit” means any of the limits for the time being specified in either of the following provisions of the Convention—
(a) article 6, paragraph 1, and
(b) article 7, paragraph 1.
(2E) No modification made by virtue of subsection (2A), (2B) or (2C) above shall affect any rights or liabilities arising out of an occurrence which took place before the day on which the modification comes into force.
(3) The provisions having the force of law under this section shall apply in relation to Her Majesty’s ships as they apply in relation to other ships.
(4) The provisions having the force of law under this section shall not apply to any liability in respect of loss of life or personal injury caused to, or loss of or damage to any property of, a person who is on board the ship in question or employed in connection with that ship or with the salvage operations in question if—
(a) he is so on board or employed under a contract of service governed by the law of any part of the United Kingdom; and
(b) the liability arises from an occurrence which took place after the commencement of this Act.
In this subsection,
“ship” and “salvage operations” have the same meaning as in the Convention.
(5) A draft of an Order in Council proposed to be made by virtue of subsection (2A) or (2B) above shall not be submitted to Her Majesty in Council unless it has been approved by a resolution of each House of Parliament.
(1) Subject to subsection (3) below, the owner of a United Kingdom ship shall not be liable for any loss or damage in the following cases, namely—
(a) where any property on board the ship is lost or damaged by reason of fire on board the ship; or
(b) where any gold, silver, watches, jewels or precious stones on board the ship are lost or damaged by reason of theft, robbery or other dishonest conduct and their nature and value were not at the time of shipment declared by their owner or shipper to the owner or master of the ship in the bill of lading or otherwise in writing.
(2) Subject to subsection (3) below, where the loss or damage arises from anything done or omitted by any person in his capacity of master or member of the crew or (otherwise than in that capacity) in the course of his employment as a servant of the owner of the ship, subsection (1) above shall also exclude the liability of—
(a) the master, member of the crew or servant; and
(b) in a case where the master or member of the crew is the servant of a person whose liability would not be excluded by that subsection apart from this paragraph, the person whose servant he is.
(3) This section does not exclude the liability of any person for any loss or damage resulting from any such personal act or omission of his as is mentioned in Article 4 of the Convention set out in Part I of Schedule 7.
(4) This section shall apply in relation to Her Majesty’s ships as it applies in relation to other ships.
(5) In this section “owner”, in relation to a ship, includes any part owner and any charterer, manager or operator of the ship.
(1) Where, by the fault of two or more ships, damage or loss is caused to one or more of those ships, to their cargoes or freight, or to any property on board, the liability to make good the damage or loss shall be in proportion to the degree in which each ship was in fault.
(2) If, in any such case, having regard to all the circumstances, it is not possible to establish different degrees of fault, the liability shall be apportioned equally.
(3) This section applies to persons other than the owners of a ship who are responsible for the fault of the ships, as well as to the owners of a ship and where, by virtue of any charter or demise, or for any other reason, the owners are not responsible for the navigation and management of the ship, this section applies to the charterers or other persons for the time being so responsible instead of the owners.
(4) Nothing in this section shall operate so as to render any ship liable for any loss or damage to which the fault of the ship has not contributed.
(5) Nothing in this section shall affect the liability of any person under a contract of carriage or any contract, or shall be construed as imposing any liability upon any person from which he is exempted by any contract or by any provision of law, or as affecting the right of any person to limit his liability in the manner provided by law.
(6) In this section “freight” includes passage money and hire.
(7) In this section references to damage or loss caused by the fault of a ship include references to any salvage or other expenses, consequent upon that fault, recoverable at law by way of damages.
188 Loss of life or personal injuries: joint and several liability.
(1) Where loss of life or personal injuries are suffered by any person on board a ship owing to the fault of that ship and of any other ship or ships, the liability of the owners of the ships shall be joint and several.
(2) Subsection (3) of section 187 applies also to this section.
(3) Nothing in this section shall be construed as depriving any person of any right of defence on which, apart from this section, he might have relied in an action brought against him by the person injured, or any person or persons entitled to sue in respect of such loss of life, or shall affect the right of any person to limit his liability in the manner provided by law.
(4) Subsection (7) of section 187 applies also for the interpretation of this section.
189 Loss of life or personal injuries: right of contribution.
(1) Where loss of life or personal injuries are suffered by any person on board a ship owing to the fault of that ship and any other ship or ships, and a proportion of the damages is recovered against the owners of one of the ships which exceeds the proportion in which the ship was in fault, they may recover by way of contribution the amount of the excess from the owners of the other ship or ships to the extent to which those ships were respectively in fault.
(2) Subsection (3) of section 187 applies also to this section.
(3) Nothing in this section authorises the recovery of any amount which could not, by reason of any statutory or contractual limitation of, or exemption from, liability, or which could not for any other reason, have been recovered in the first instance as damages by the persons entitled to sue therefor.
(4) In addition to any other remedy provided by law, the persons entitled to any contribution recoverable under this section shall, for the purposes of recovering it, have the same rights and powers as the persons entitled to sue for damages in the first instance.
190 Time limit for proceedings against owners or ship.
(1) This section applies to any proceedings to enforce any claim or lien against a ship or her owners—
(a) in respect of damage or loss caused by the fault of that ship to another ship, its cargo or freight or any property on board it; or
(b) for damages for loss of life or personal injury caused by the fault of that ship to any person on board another ship.
(2) The extent of the fault is immaterial for the purposes of this section.
(3) Subject to subsections (5) and (6) below, no proceedings to which this section applies shall be brought after the period of two years from the date when—
(a) the damage or loss was caused; or
(b) the loss of life or injury was suffered.
(4) Subject to subsections (5) and (6) below, no proceedings under any of sections 187 to 189 to enforce any contribution in respect of any overpaid proportion of any damages for loss of life or personal injury shall be brought after the period of one year from the date of payment.
(5) Any court having jurisdiction in such proceedings may, in accordance with rules of court, extend the period allowed for bringing proceedings to such extent and on such conditions as it thinks fit.
(6) Any such court, if satisfied that there has not been during any period allowed for bringing proceedings any reasonable opportunity of arresting the defendant ship within—
(a) the jurisdiction of the court, or
(b) the territorial sea of the country to which the plaintiff’s ship belongs or in which the plaintiff resides or has his principal place of business,
shall extend the period allowed for bringing proceedings to an extent sufficient to give a reasonable opportunity of so arresting the ship.
(7) This section has effect subject to section 43 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.
(1) This section applies in relation to the following authorities and persons, that is to say, a harbour authority, a conservancy authority and the owners of any dock or canal.
(2) The liability of any authority or person to which this section applies for any loss or damage caused to any ship, or to any goods, merchandise or other things whatsoever on board any ship shall be limited in accordance with subsection (5) below by reference to the tonnage of the largest United Kingdom ship which, at the time of the loss or damage is, or within the preceding five years has been, within the area over which the authority or person discharges any functions.
(3) The limitation of liability under this section relates to the whole of any losses and damages which may arise on any one distinct occasion, although such losses and damages may be sustained by more than one person, and shall apply whether the liability arises at common law or under any general or local or private Act, and notwithstanding anything contained in such an Act.
(4) This section does not exclude the liability of an authority or person to which it applies for any loss or damage resulting from any such personal act or omission of the authority or person as is mentioned in Article 4 of the Convention set out in Part I of Schedule 7.
(5) The limit of liability shall be ascertained by applying to the ship by reference to which the liability is to be determined the method of calculation specified in paragraph 1(b) of Article 6 of the Convention set out in Part I of Schedule 7 read with paragraph 5(1) and (2) of Part II of that Schedule.
(6) Articles 11 and 12 of that Convention and paragraphs 8 and 9 of Part II of that Schedule shall apply for the purposes of this section.
(7) For the purposes of subsection (2) above a ship shall not be treated as having been within the area over which a harbour authority or conservancy authority discharges any functions by reason only that it has been built or fitted out within the area, or that it has taken shelter within or passed through the area on a voyage between two places both situated outside that area, or that it has loaded or unloaded mails or passengers within the area.
(8) Nothing in this section imposes any liability for any loss or damage where no liability exists apart from this section.
(9) In this section—
“dock” includes wet docks and basins, tidal docks and basins, locks, cuts, entrances, dry docks, graving docks, gridirons, slips, quays, wharves, piers, stages, landing places and jetties; and
“owners of any dock or canal” includes any authority or person having the control and management of any dock or canal, as the case may be.
(1) Sections 185, 186, 187, 188, 189 and 190 (except subsection (6)) apply in the case of Her Majesty’s ships as they apply in relation to other ships and section 191 applies to the Crown in its capacity as an authority or person specified in subsection (1).
(2) In this section “Her Majesty’s ships” means—
(a) ships of which the beneficial interest is vested in Her Majesty;
(b) ships which are registered as Government ships;
(c) ships which are for the time being demised or sub-demised to or in the exclusive possession of the Crown;
except that it does not include any ship in which Her Majesty is interested otherwise than in right of Her Government in the United Kingdom unless that ship is for the time being demised or sub-demised to Her Majesty in right of Her Government in the United Kingdom or in the exclusive possession of Her Majesty in that right.
(3) In the application of subsection (2) above to Northern Ireland, any reference to Her Majesty’s Government in the United Kingdom includes a reference to Her Government in Northern Ireland.
(1) Subject to subsections (2) and (3) below, the Secretary of State may make regulations requiring that, in such cases as may be prescribed by the regulations, while a ship is in United Kingdom waters, there must be in force in respect of the ship—
(a) a contract of insurance insuring such person or persons as may be specified by the regulations against such liabilities as may be so specified and satisfying such other requirements as may be so specified, or
(b) such other security relating to those liabilities as satisfies requirements specified by or under the regulations.
(2) Regulations under this section shall not apply in relation to—
(a) a qualifying foreign ship while it is exercising—
(i) the right of innocent passage, or
(ii) the right of transit passage through straits used for international navigation,
(b) any warship, or
(c) any ship for the time being used by the government of any State for other than commercial purposes.
(3) Regulations under this section may not require insurance or security to be maintained in respect of a ship in relation to any liability in any case where an obligation to maintain insurance or security in respect of that ship in relation to that liability is imposed by section 163 or by or under an Order in Council under section 182B.
(4) Regulations under this section may require that, where a person is obliged to have in force in respect of a ship a contract of insurance or other security, such documentary evidence as may be specified by or under the regulations of the existence of the contract of insurance or other security must be carried in the ship and produced on demand, by such persons as may be specified in the regulations, to such persons as may be so specified.
(5) Regulations under this section may provide—
(a) that in such cases as are prescribed a ship which contravenes the regulations shall be liable to be detained and that section 284 shall have effect, with such modifications (if any) as are prescribed by the regulations, in relation to the ship,
(b) that a contravention of the regulations shall be an offence punishable on summary conviction by a fine of an amount not exceeding £50,000, or such less amount as is prescribed by the regulations, a fine, the amount of which may be limited by the regulations, and on conviction on indictment by a fine, and
(c) that any such contravention shall be an offence punishable only on summary conviction by a fine of an amount not exceeding £50,000, or such less amount as is prescribed by the regulations a fine, the amount of which may be limited by the regulations.
(6) Regulations under this section may—
(a) make different provision for different cases,
(b) make provision in terms of any document which the Secretary of State or any person considers relevant from time to time, and
(c) include such incidental, supplemental and transitional provision as appears to the Secretary of State to be expedient for the purposes of the regulations.
(1) For the purposes of this Part—
(a) the Trinity House, as respects England and Wales and the adjacent seas and islands,
(b) the Commissioners of Northern Lighthouses, as respects Scotland and the adjacent seas and islands, and
(c) the Commissioners of Irish Lights, as respects Northern Ireland and the adjacent seas and islands,
are the general lighthouse authority.
(2) For the purposes of this Part—
(a) each statutory harbour authority, as respects their area, and
(b) any other existing local lighthouse authority, as respects their area,
are the local lighthouse authority.
(3) Schedule 8 shall have effect as respects the Commissioners of Northern Lighthouses.
(4) In this Part “area” means—
(a) in relation to a general lighthouse authority specified in subsection (1)(a), (b) or (c) above, the area specified in that paragraph as the area of that authority;
(b) in relation to a statutory harbour authority, the area or areas inside the limits within which the authority’s statutory powers and duties as a harbour authority are exercisable; and
(c) in relation to any other existing local lighthouse authority, the existing area over which their authority extends in relation to lighthouses, buoys and beacons;
and for the purposes of subsection (2)(b) above and paragraph (c) above “existing” means existing for the purposes of the 1894 Act immediately before the repeal of that Act by this Act.
(5) Subject to paragraph 9(1) of Schedule 14, the Trinity House are also the general lighthouse authority as respects Gibraltar and, subject to sub-paragraph (2) of that paragraph, the Channel Islands; and the Commissioners of Northern Lights are also the general lighthouse authority as respects the Isle of Man, and the seas adjacent to those territories.
(6) In subsection (1) references to the seas include seas in an area specified by virtue of section 129(2)(b).
194 Returns and information to Secretary of State.
Every general lighthouse authority and their officers shall give to the Secretary of State all such returns, explanations or information in relation to the lighthouses, buoys or beacons within their area and their management as the Secretary of State requires.
195 General function of management of lighthouses, etc.
(1) Subject to the following provisions of this Part and to the powers and rights of any local lighthouse authority, the general lighthouse authorities shall have the superintendence and management of all lighthouses, buoys and beacons within their respective areas.
(2) Subject to the following provisions of this Part, the general lighthouse authorities shall continue to hold and maintain all property vested in them at the commencement of this Act in the same manner and for the same purposes as before.
(1) Two or more general lighthouse authorities may discharge any of their functions jointly, and for that purpose—
(a) those authorities may share any part of their respective establishments; and
(b) any of them may, in the area of another and on that other’s behalf, execute any works or do any other thing which the authority have power to execute or do in their own area;
and any enactment relating to the functions in question or to the authorities by whom or the areas in which those functions are to be discharged shall be construed accordingly.
(2) Any expenses incurred by any of the general lighthouse authorities in pursuance of this section shall be apportioned between that authority and the other authority or authorities concerned in such manner as may be agreed between them or (in default of agreement) determined by the Secretary of State.
197 General powers of general lighthouse authority.
(1) Subject to subsection (2) below, a general lighthouse authority shall, within their area, have power—
(a) to erect or place any lighthouse, with all requisite works, roads and appurtenances;
(b) to add to, alter, or remove any lighthouse;
(c) to erect or place any buoy or beacon, or alter or remove any buoy or beacon;
(d) to vary the character of any lighthouse or the mode of exhibiting lights therein.
(2) A general lighthouse authority shall not in the area of a statutory harbour authority—
(a) erect or place any lighthouse, works, roads or appurtenances under subsection (1)(a) above, or
(b) erect or place any buoy or beacon under subsection (1)(c) above,
except in pursuance of a direction given by the Secretary of State.
(3) The Secretary of State may give such a direction to a general lighthouse authority if he considers it appropriate to do so in the interests of general navigation.
(4) Where any improved light or beacon, or any siren or any description of fog signal has been added to an existing lighthouse, the light or beacon, siren or signal may, for the purposes of this Part, be treated as if it were a separate lighthouse.
(5) A general lighthouse authority may acquire any land which may be necessary for—
(a) the exercise of their powers under subsection (1) above;
(b) the maintenance of their works; or
(c) the residence of the light keepers.
(6) For the purposes of the acquisition of land by a general lighthouse authority under subsection (5) above the following provisions shall apply—
(a) if the land is in England and Wales, the provisions of Part I of the Compulsory Purchase Act 1965 (so far as applicable) except sections 4 to 8, 27 and 31;
(b) if the land is in Scotland, the provisions of the Lands Clauses Acts (so far as applicable) except sections 120 to 125, 127, 142 and 143 of the Lands Clauses Consolidation (Scotland) Act 1845;
(c) if the land is in Northern Ireland, the provisions of the Lands Clauses Acts (so far as applicable) except sections 16 to 20, 92 to 94, 123, 127 to 132, 150 and 151 of the Lands Clauses Consolidation Act 1845.
(7) A general lighthouse authority may sell or lease any land belonging to them.
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
197A General lighthouse authorities: commercial activities
(1) A general lighthouse authority may enter into agreements—
(a) for the use by others of assets of the authority (“hire agreements”);
(b) for the provision of consultancy or other services by the authority (“service agreements”).
(2) But an authority may enter into a hire or service agreement only if—
(a) they are satisfied that it is not likely to prejudice the discharge of their functions under section 195, and
(b) the Secretary of State consents.
(3) Where an authority enter or seek to enter into hire or service agreements—
(a) expenditure of the authority incurred in connection with the agreements, and with the Secretary of State's consent, must be paid out of the General Lighthouse Fund, and
(b) sums received by the authority under the agreements must be paid into the General Lighthouse Fund.
(4) The Secretary of State may consent to expenditure in acquiring an asset for the purpose of entering into hire agreements only if the Secretary of State thinks that the expenditure is merely preparatory or subsidiary to hire agreements in respect of other assets (such as in the case of acquiring one asset to be used with another or to be used in fitting, maintaining or converting another).
(5) An authority must send a copy of any hire or service agreement to the Secretary of State.
(6) Consent under this section—
(a) may be subject to conditions,
(b) may be general or specific, and
(c) may be prospective or retrospective.
(1) It shall be the duty of the general lighthouse authority for any area, or of any person authorised by that authority for the purpose, to—
(a) inspect all lighthouses, buoys and beacons situated within their area but belonging to or under the management of any local lighthouse authority; and
(b) make such inquiries about them and their management as they think fit.
(2) All officers and others having the care, or concerned in the management, of any such local lighthouses, buoys or beacons shall furnish all such information and explanations concerning them as the general lighthouse authority require.
(3) All local lighthouse authorities and their officers shall give to the general lighthouse authority all such returns, explanations or information concerning the lighthouses, buoys and beacons under their management and the management of them as the general lighthouse authority may require.
(4) The general lighthouse authority shall—
(a) communicate to each local lighthouse authority the results of their inspection of their lighthouses, buoys and beacons; and
(b) make to the Secretary of State general reports of the results of the inspection of local lighthouses, buoys and beacons.
(1) A general lighthouse authority may, within their area, with the consent of the Secretary of State, direct a local lighthouse authority to—
(a) lay down buoys;
(b) remove or discontinue any lighthouse, buoy or beacon; or
(c) make any variation in the character of any lighthouse, buoy or beacon or in the mode of exhibiting lights in any lighthouse, buoy or beacon;
but the authority shall not give a direction without first giving due notice of their intention to do so.
(2) A local lighthouse authority shall not, without the consent of the general lighthouse authority,—
(a) erect or place any lighthouse, buoy or beacon;
(b) remove or discontinue any lighthouse, buoy or beacon;
(c) vary the character of any lighthouse, buoy or beacon or the mode of exhibiting lights in any lighthouse, buoy or beacon.
(3) A direction under subsection (1) above shall be given in writing; and it shall be the duty of a local lighthouse authority to whom such a direction is given to comply with it.
(4) Nothing in this section shall apply to local buoys and beacons placed or erected for temporary purposes.
(1) The Secretary of State may, on complaint that any lighthouse, buoy or beacon under the management of a general lighthouse authority, or any work connected with it, is—
(a) inefficient,
(b) improperly managed, or
(c) unnecessary,
authorise any persons appointed by him to inspect the lighthouse, buoy or beacon or any connected work.
(2) A person so authorised may—
(a) inspect the lighthouse, buoy or beacon; and
(b) make any inquiries which he thinks fit as to the lighthouse, buoy or beacon and its management.
(3) All officers and others having the care, or concerned in the management, of any lighthouse, buoy or beacon in relation to which powers under this section are being exercised shall furnish any information and explanations in relation to it and its management which the person inspecting it requires.
(1) Every statutory harbour authority shall have power to carry out harbour operations to which subsection (2) below applies either within the authority’s area or on harbour land.
(2) This subsection applies to harbour operations consisting of the marking or lighting of a harbour or any part of a harbour.
(3) In this section “harbour land” and “harbour operations” have the same meanings as in the Harbours Act 1964 or, as respects Northern Ireland, as in the Harbours Act (Northern Ireland) 1970.
203 Individual transfers of local lighthouses to harbour authorities.
A general lighthouse authority may, at any time, with the consent of the Secretary of State, transfer to a statutory harbour authority any lighthouse, buoy or beacon held by the general lighthouse authority which—
(a) is situated in the area of that harbour authority or on land adjacent to that area or any part of it; and
(b) appears to the general lighthouse authority to be of benefit solely or mainly to ships within, or entering or leaving, that harbour authority’s area.
(1) A local lighthouse authority may, if they think fit, surrender or sell any lighthouse, buoy or beacon held by them to the general lighthouse authority within whose area it is situated, and that general lighthouse may, with the consent of the Secretary of State, accept or purchase it.
(2) The Secretary of State shall not give his consent for the purposes of subsection (1) above in any case where the local lighthouse authority concerned are a statutory harbour authority unless he considers that the maintenance of the lighthouse, buoy or beacon in question is in the interests of general navigation.
205 Light dues leviable by general lighthouse authorities.
(1) This section applies to dues leviable by a general lighthouse authority in respect of lighthouses, buoys or beacons under their management (in this Part called “general light dues”).
(2) A general lighthouse authority may demand, take and recover general light dues in accordance with this section and for that purpose appoint persons to collect them.
(3) General light dues shall be levied only by reference to the voyages made by ships or by way of periodical payments.
(4) General light dues shall be payable in respect of all ships whatever, except—
(a) ships belonging to Her Majesty, and
(b) ships exempted from payment in pursuance of subsection (5) below.
(5) The Secretary of State may make regulations with respect to the amounts and the levying of general light dues (including the cases in which the dues are not to be levied) and the regulations may make different provision for different circumstances.
(6) A copy of the regulations in force under subsection (5) above in respect of general light dues shall be kept at—
(a) the principal office of the general lighthouse authority, and
(b) the office of the appointed collector at every port where such dues are collected;
and shall be open for inspection there during reasonable hours by any person without charge.
(7) Every person appointed by a general lighthouse authority to collect general light dues shall collect all such dues payable at the port at which he is so appointed or (as the case may be) such of those dues as he is appointed to collect, whether they are collected on account of that authority or on account of one of the other general lighthouse authorities.
(8) Any person appointed by a general lighthouse authority to collect general light dues shall pay over to that authority, or as that authority directs, the whole of the general light dues received by him.
(9) A general lighthouse authority receiving dues (whether themselves or from a collector) shall keep accounts of the dues and shall cause the dues to be remitted to the Secretary of State or as he directs, and in such manner as he directs..
(1) A general lighthouse authority may, for the purpose of determining whether any and, if so, what general light dues are payable in respect of any ship, require any relevant authority or any person who is liable to pay general light dues in respect of the ship, to furnish to the general lighthouse authority such information in that authority’s or person’s possession or control relating to the arrival or departure of the ship at or from any port within their area as they may reasonably require for that purpose.
(2) A general lighthouse authority may require any relevant authority to furnish to them such information in the relevant authority’s possession or control relating to the movements within the relevant authoritys’ area of ships or ships of any class or description for the purpose of determining whether any and, if so, what general light dues are payable in respect of the ships.
(3) The powers conferred on a general lighthouse authority by subsections (1) and (2) above shall also be available to the person appointed by them to collect dues at a port.
(4) It shall be the duty of a relevant authority or person of whom a requirement for information is made under subsection (1), (2) or (3) above to furnish information as soon as is reasonably practicable.
(5) In this section “relevant authority” means—
(a) a harbour authority;
(b) the Commissioners of Customs and Excise; and
(c) a conservancy authority.
(1) The following persons shall be liable to pay general light dues in respect of any ship in respect of which such dues are payable, namely—
(a) the owner or master; or
(b) such consignees or agents of the owner or master as have paid, or made themselves liable to pay, any other charge on account of the ship in the port of her arrival or discharge.
(2) General light dues so payable in respect of any ship may, in England and Wales and Northern Ireland, be recovered summarily as a civil debt.
(3) In Scotland general light dues shall, for the purposes of their recovery, be regarded as a debt due to the general lighthouse authority.
(4) Any consignee or agent (not being the owner or master of the ship) who is, by this section, made liable for the payment of general light dues in respect of any ship may, out of any money received by him on account of the ship or belonging to its owner, retain the amount of all general light dues paid by him, together with any reasonable expenses he may have incurred by reason of the payment of the dues or his liability to pay them.
(1) If the owner or master of any ship fails, on demand of the appointed collector, to pay the general light dues due in respect of the ship, the collector may enter the ship and distrain the goods or any equipment or other thing belonging to, or on board, the ship and detain that distress until those dues are paid.
(2) If payment of the dues so demanded is not made within the period of five days following the distress, the collector may, at any time during the continuance of the non-payment, cause the distress to be independently appraised and thereupon sold by public auction.
(3) The collector shall apply the proceeds of the sale in payment of—
(a) the general light dues due; and
(b) all reasonable expenses incurred by him under this section;
and shall pay the surplus (if any), on demand, to the owner or master of the ship.
(4) The remedy conferred by this section is in addition to any other remedy available to the collector or the general lighthouse authority by whom he was appointed.
(5) This section does not apply to Scotland.
209 Receipt for general light dues and its production.
(1) A receipt for general light dues shall be given to the person paying them by the authority or person receiving them from him.
(2) A ship may be detained at any port until the receipt for any general light dues due in respect of the ship is produced to the proper officer of customs and excise or the person appointed to collect general light dues at the port.
210 Light dues leviable by local lighthouse authorities.
(1) This section applies to charges leviable by a local lighthouse authority who are not a statutory harbour authority in respect of lighthouses, buoys or beacons over which they have authority (in this section referred to as “local light dues”).
(2) A local lighthouse authority (who are not a statutory harbour authority) may demand, take and recover in respect of every ship which—
(a) enters or leaves the port, harbour or estuary in which is situated any lighthouse, buoy or beacon over which they have authority; and
(b) passes the lighthouse, buoy or beacon and derives benefit from it,
such charges as they think fit.
(3) The same persons shall be liable to pay local light dues as are liable to pay general light dues under section 207.
(4) Local light dues may be recovered in the same manner as general light dues may be recovered under sections 207 and 208.
(5) A list showing the local light dues leviable by a local lighthouse authority shall be kept at the authority’s office and shall be open there during reasonable hours for inspection by any person without charge, and copies of the list shall be kept for sale there at such reasonable price (if any) as the authority determine.
(6) No local light due shall be levied by a local lighthouse authority if, at the time at which it is leviable,—
(a) the authority are in default in compliance with subsection (5) above as respects the keeping of the list of dues; or
(b) the light due is not shown in the list kept there at that time.
(7) A copy of the list kept by a local lighthouse authority in pursuance of subsection (5) above shall be supplied by them to the Secretary of State without charge.
(8) Section 31 of the Harbours Act 1964 (right of objection to ship, passenger and goods dues) shall apply in relation to local light dues subject, however, to the modifications specified in Schedule 10 to this Act.
(9) All local light dues shall be applied by the authority by whom they are levied for the purpose of the construction, placing, maintenance and improvement of the lighthouses, buoys or beacons in respect of which the dues are levied, and for no other purpose.
(10) The local lighthouse authority to whom any local light dues are paid shall keep a separate account of the receipt and expenditure of those dues.
(11) This section does not apply to Northern Ireland.
211 General Lighthouse Fund: expenses and receipts.
(1) There shall continue to be a fund called the General Lighthouse Fund administered by the Secretary of State.
(2) The following shall be paid out of that Fund—
(a) any expenses incurred by general lighthouse authorities in connection with the discharge of their functions under this Part and, in the case of the Commissioners of Irish Lights as respects their functions in the Republic of Ireland, under the corresponding Part of the 1894 Act, subject, however, to section 213;
(b) any expenses (whether of a capital nature or not) incurred by the Secretary of State in pursuance of any international agreement relating to the provision of an electronic position-fixing system intended as an aid to the navigation of ships or incurred by him preliminary to his entering into such an agreement;
(c) such sums as the Secretary of State may determine as sums appearing to him to represent the amount or estimated amount of any expenses incurred or likely to be incurred by him in connection with the administration of the Fund;
(d) any expenses incurred by the Secretary of State in maintaining the Sombrero lighthouse in the Leeward Islands;
(e) any other sums made payable out of the Fund by any other provision of this Part or Part IX.
(3) The following shall be paid into that Fund—
(a) all general light dues and other sums received by or accruing to any of the general lighthouse authorities by virtue of, or in connection with the discharge of their functions under, this Part and, in the case of the Commissioners of Irish Lights as respects their functions in the Republic of Ireland, under the corresponding Part of the 1894 Act;
(b) any sums received by the Secretary of State in pursuance of any such agreement as is mentioned in subsection (2)(b) above in respect of—
(i) expenses incurred by him in pursuance of the agreement, or
(ii) expenses incurred by any of the general lighthouse authorities which, by virtue of subsection (2) above, are payable out of the Fund;
(c) any other sums made payable into the Fund by any other provision of this Part or Part IX.
(4) The accounts of the Fund for each year shall be examined by the Comptroller and Auditor General who shall send a copy of the accounts certified by him to the Secretary of State.
(5) The Secretary of State shall lay copies of the accounts before each House of Parliament.
212 Establishments of general lighthouse authorities.
(1) The Secretary of State may determine—
(a) the establishments to be maintained by each of the general lighthouse authorities on account of the services of lighthouses, buoys and beacons;
(b) the annual or other sums to be paid out of the General Lighthouse Fund in respect of those establishments or to members of the general lighthouse authority for England and Wales.
(2) If it appears that any part of the establishments of the general lighthouse authorities is maintained for other purposes as well as for the purposes of their duties as general lighthouse authorities, the Secretary of State may determine the portion of the expenses of those establishments to be paid out of the General Lighthouse Fund.
(3) An increase in any establishment or part of an establishment determined under this section shall not be made without the consent of the Secretary of State.
213 Estimates or accounts of expenses to Secretary of State.
(1) An expense of a general lighthouse authority in respect of the services of lighthouses, buoys and beacons shall not be paid out of the General Lighthouse Fund, or allowed in account, unless—
(a) it has been allowed as part of the establishment expenses under section 212; or
(b) an estimate or account of it has been approved by the Secretary of State.
(2) For the purpose of approval by the Secretary of State, each of the general lighthouse authorities shall, except as provided by subsection (3) below, submit to him an estimate of all expenses to be incurred by them in respect of lighthouses, buoys and beacons, other than expenses allowed under section 212 on account of their establishments.
(3) In a case where it is necessary for a general lighthouse authority, in providing for any sudden emergency, to incur any such expense as is mentioned in subsection (2) above without waiting for the approval of the Secretary of State under that subsection, the authority shall as soon as possible submit to him a full account of the expense incurred.
(4) The Secretary of State shall consider any estimates and accounts submitted to him under this section and may approve them either with or without modification.
(1) There shall be payable to or in respect of persons whose salaries are paid out of the General Lighthouse Fund such pensions, allowances and gratuities as may be determined in accordance with—
(a) in the case of such of those persons as are employed by the Secretary of State, arrangements made by him, and
(b) in the case of other such persons, arrangements made by a general lighthouse authority and approved by the Secretary of State;
and those benefits shall be charged on and payable out of that Fund.
(2) Where pensions, allowances and gratuities to or in respect of persons whose salaries are paid out of the General Lighthouse Fund are payable otherwise than under subsection (1), sums in respect of those benefits may with the approval of the Secretary of State be paid out of that Fund.
215 Borrowing powers of general lighthouse authorities.
(1) A general lighthouse authority may, with the consent of the Secretary of State and the Treasury, borrow money for the purpose of defraying any expenses incurred or to be incurred by the authority in connection with the discharge of their functions under this Part or Part IX.
(2) A general lighthouse authority may, in connection with any advance to them under this section, mortgage any land or other property belonging to them.
(3) Any sums payable by a general lighthouse authority under the terms of an advance under this section by way of principal, interest or otherwise shall be paid out of the General Lighthouse Fund.
(1) The aggregate amount outstanding in respect of the principal of any sums borrowed under section 215 shall not at any time exceed £100 million.
(2) The Secretary of State may, by order, with the approval of the Treasury, increase or further increase that limit, but not by more than £33 million at a time.
(3) An order shall not be made under subsection (2) above unless a draft of the order has been laid before and approved by a resolution of the House of Commons.
(1) The Secretary of State with the consent of the Treasury may guarantee, in such manner and on such conditions as he thinks fit, the repayment of the principal of, the payment of interest on, and the discharge of any other financial obligation in connection with, any sums borrowed by a general lighthouse authority under section 215.
(2) Immediately after a guarantee is given under this section, the Secretary of State shall lay a statement of the guarantee before each House of Parliament, and where any sum is issued for fulfilling a guarantee so given the Secretary of State shall, as soon as possible after the end of each financial year beginning with that in which the sum is issued and ending with that in which all liability in respect of the principal of the sum and in respect of interest thereon is finally discharged, lay before each House of Parliament a statement relating to that sum.
(3) Any sums required by the Secretary of State for fulfilling any guarantee under this section shall be paid out of money provided by Parliament.
(4) If any sums are issued in fulfilment of any guarantee given under this section there shall be made to the Secretary of State out of the General Lighthouse Fund, at such times and in such manner as the Secretary of State may determine with the consent of the Treasury, payments of such amounts as the Secretary of State may so determine in or towards repayment of the sums so issued, and payments of interest on what is outstanding for the time being in respect of sums so issued at such rate as the Secretary of State may so determine.
(5) The Secretary of State, with the consent of the Treasury, may vary or revoke any determination made by him under subsection (4) above.
(6) Any sums received by the Secretary of State under subsection (4) above shall be paid into the Consolidated Fund.