The Chichester Harbour Revision Order 2025
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Change 1
12 Further amendments of the 1971 Act
(1) The 1971 Act is amended as follows. (2) In section 3 (interpretation) in subsection (1)— (a) in the appropriate place insert the following definition— “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 Merchant Shipping Act 1995;. . (b) in the definition of “charges” for “charges payable to the Conservancy as harbour authority for the harbour” substitute “the charges, rates, tolls and dues which the Conservancy is authorised to demand, take and recover in relation to the undertaking”. (c) in the definition of “vessel” for “includes any vessel, ship, lighter, keel, barge, boat, raft, pontoon, hovercraft, hydrofoil vessel and craft of any kind howsoever navigated, propelled or moved” substitute “includes a ship, boat, raft or craft of any description, however propelled or moved, and includes non-displacement craft, watercraft, a hovercraft, 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)”. (3) For section 71 (power to make certain charges) substitute— Charges other than ship, passenger and goods dues and charges for services or facilities 71. (1) The Conservancy may demand, take and recover in respect of any dracone or floating dock, crane, rig, drilling rig, or floating platform, houseboat, or any other vessel, not being a ship as defined in section 57(1) of the Harbours Act 1964 entering, using, within or leaving the harbour such reasonable charges, including in relation to any goods or passengers carried, as they may determine, and sections 30 (duty of harbour and local lighthouse authorities to make available for inspection, and to keep for sale, copies of lists of certain charges) and 31 (right of objection to ship, passenger and goods dues) of the Harbours Act 1964 apply, with all necessary modification, to the charges authorised by this article as they may apply to ship, passenger and goods dues demanded under section 26 of the Harbours Act 1964 (repeal of provisions limiting discretion of certain harbour authorities as to ship, passenger and goods dues charged by them). (2) In addition to paragraph (1) and their power to demand ship, passenger and goods dues under section 26 of the Harbours Act 1964 (repeal of provisions limiting discretion of certain harbour authorities as to ship, passenger and goods dues charged by them), the Conservancy may demand, take and recover such reasonable charges for services and facilities provided by the Conservancy as they may determine. . (4) In section 72 (harbour charges leviable in certain adjoining waters) for “may be navigated” substitute “could enter”.
12 Further amendments of the 1971 Act
(1) The 1971 Act is amended as follows. (2) In section 3 (interpretation) in subsection (1)— (a) in the appropriate place insert the following definition— “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 Merchant Shipping Act 1995;. . (b) in the definition of “charges” for “charges payable to the Conservancy as harbour authority for the harbour” substitute “the charges, rates, tolls and dues which the Conservancy is authorised to demand, take and recover in relation to the undertaking”. (c) in the definition of “vessel” for “includes any vessel, ship, lighter, keel, barge, boat, raft, pontoon, hovercraft, hydrofoil vessel and craft of any kind howsoever navigated, propelled or moved” substitute “includes a ship, boat, raft or craft of any description, however propelled or moved, and includes non-displacement craft, watercraft, a hovercraft, 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)”. (3) For section 71 (power to make certain charges) substitute— Charges other than ship, passenger and goods dues and charges for services or facilities 71. (1) The Conservancy may demand, take and recover in respect of any dracone or floating dock, crane, rig, drilling rig, or floating platform, houseboat, or any other vessel, not being a ship as defined in section 57(1) of the Harbours Act 1964 entering, using, within or leaving the harbour such reasonable charges, including in relation to any goods or passengers carried, as they may determine, and sections 30 (duty of harbour and local lighthouse authorities to make available for inspection, and to keep for sale, copies of lists of certain charges) and 31 (right of objection to ship, passenger and goods dues) of the Harbours Act 1964 apply, with all necessary modification, to the charges authorised by this article as they may apply to ship, passenger and goods dues demanded under section 26 of the Harbours Act 1964 (repeal of provisions limiting discretion of certain harbour authorities as to ship, passenger and goods dues charged by them). (2) In addition to paragraph (1) and their power to demand ship, passenger and goods dues under section 26 of the Harbours Act 1964 (repeal of provisions limiting discretion of certain harbour authorities as to ship, passenger and goods dues charged by them), the Conservancy may demand, take and recover such reasonable charges for services and facilities provided by the Conservancy as they may determine. . (4) In section 72 (harbour charges leviable in certain adjoining waters) for “may be navigated” substitute “could enter”.
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