Marine Navigation (No. 2) Bill (HC Bill 19)

Pilotage

1 Power remove harbour authorities’ pilotage functions

(1) In section 1 of the Pilotage Act 1987 (meaning of “competent harbour
authority”) after subsection (4) insert—

“(4A) 5A harbour authority in England or Wales is not a competent harbour
authority for the purposes of this Act while it is specified in an order of
the Secretary of State under this subsection.

(4B) A harbour authority in Scotland is not a competent harbour authority
for the purposes of this Act while it is specified in an order of the
10Scottish Ministers under this subsection.”

(2) For subsection (5) of that section (power to revoke or amend where
circumstances change) substitute—

“(5) An order under this section may be amended or revoked by further
order.”

(3) 15In subsection (7) of that section (procedure for certain orders) for “this section”
substitute “subsection (3) or (4)”.

(4) After subsection (8) of that section insert—

“(8AA) Before making an order under subsection (4A) or (4B) the person
making the order must consult—

(a) 20any harbour authority to which the order would apply, and

(b) anyone else who the person making the order thinks
appropriate.

(8B) An order under this section may include transitional, consequential,
incidental or supplemental provision.”

(5) In section 1A(1) (procedure for certain orders: Scotland) after “other than
subsection (4)” insert “or (4B)”.

2 5Pilotage exemption certificates: grant

(1) In section 8(1) of the Pilotage Act 1987 (grant)—

(a) for “the master or first mate” substitute “a member of the crew”, and

(b) in paragraph (a) omit “of which he is master or first mate”.

(2) In section 8(5)(a) (renewal) for “the master or first mate of a ship” substitute “a
10member of the crew of a ship”.

(3) In sections 10(3), 15(1)(b) and 20(1)(a) (pilotage charges, compulsory pilotage
and boarding facilities for pilots) for “master or first mate” substitute “person”.

3 Pilotage exemption certificates: suspension and revocation

(1) After section 8 of the Pilotage Act 1987 insert—

“8A 15Pilotage exemption certificates: suspension and revocation

(1) A competent harbour authority may by written notice suspend or
revoke a person’s pilotage exemption certificate in the following cases.

(2) Case 1 is where an event has occurred as a result of which the authority
is no longer satisfied of the matters specified in section 8(1)(a).

(3) 20Case 2 is where the authority thinks that the person has provided false
information to the authority as to any of those matters.

(4) Case 3 is where the authority thinks that the person has been guilty of
professional misconduct while piloting a ship.

(5) Case 4 is where—

(a) 25pilotage notification was given under section 15(4)(b) in
reliance on the person’s certificate, and

(b) in the event, the pilotage was carried out by a person who was
neither an authorised pilot nor acting in accordance with a
pilotage exemption certificate.

8B 30Section 8A: supplementary

(1) The maximum period for which a pilotage exemption certificate may be
suspended is 28 days.

(2) But if a harbour authority has suspended a person’s certificate and is
considering whether to revoke it, the authority may by written notice
35extend the suspension for a single period of up to 28 days.

(3) A suspended certificate may be revoked (on the same or different
grounds).

(4) Before revoking a person’s certificate a harbour authority must—

(a) give the person written warning, stating the reasons for the
40proposed revocation, and

(b) allow the person a reasonable opportunity to make
representations.

(5) A competent harbour authority which has suspended or revoked a
certificate may pay compensation to any person who has suffered, or is
5likely to suffer, loss as a result.”

(2) In section 8—

(a) omit subsection (6) (revocation and suspension of certificates), and

(b) in subsection (7) (notice) omit “or suspending or revoking a certificate
held by any person”.

4 10Pilotage notification

For section 15(3) of the Pilotage Act 1987 (notification by master navigating
ship) substitute—

“(3) The master of a ship commits an offence if—

(a) the ship is navigated in an area in which a pilotage direction
15applies to it, and

(b) the competent harbour authority which gave the direction has
not been given pilotage notification.

(4) Pilotage notification is notification that the ship will be navigated in an
area in which a pilotage direction will apply to it and—

(a) 20that an authorised pilot is required to pilot the ship, or

(b) that an authorised pilot is not required because the ship will be
piloted by a specified person acting in accordance with a
pilotage exemption certificate.

(5) A person guilty of an offence under subsection (3) is liable on summary
25conviction to a fine not exceeding level 2 on the standard scale.”

Harbour authorities

5 Harbour directions

(1) After section 40 of the Harbours Act 1964 insert—

“Harbour directions

40A 30Directions

(1) A designated harbour authority may give directions (“harbour
directions”) in respect of ships—

(a) within their harbour, or

(b) entering or leaving their harbour.

(2) 35A harbour direction may relate to—

(a) the movement of ships;

(b) mooring or unmooring;

(c) equipment (including nature and use);

(d) the manning of ships.

(3) A harbour direction may require the master of a ship to provide
information to a specified person in a specified manner.

(4) “Designated harbour authority” means—

(a) a harbour authority for a fishery harbour in Wales who are
5designated by order of the Welsh Ministers,

(b) a harbour authority for any other harbour in England or Wales
who are designated by order of the Secretary of State, and

(c) a harbour authority for a harbour in Scotland who are
designated by order of the Scottish Ministers.

(5) 10A harbour direction is subject to any direction under section 52 of the
Harbours, Docks and Piers Clauses Act 1847 (directions by harbour
master).

(6) A harbour authority may not give a harbour direction which conflicts
with an enactment.

(7) 15An order designating a harbour authority may amend or repeal any
statutory provision of local application which the person making the
order thinks is—

(a) inconsistent with the power to give harbour directions, or

(b) unnecessary as a result of the power.

40B 20Procedure

(1) Harbour directions must be in writing.

(2) Before giving harbour directions a harbour authority must consult such
representatives of users of the harbour as the authority think
appropriate.

(3) 25A harbour authority must make such arrangements as they think
appropriate for publicising a proposed harbour direction for at least 28
days before it is given.

(4) A harbour authority must—

(a) make harbour directions available for inspection, and

(b) 30supply a copy to anyone who requests it.

(5) A harbour authority may charge for the supply of copies.

(6) As soon as is reasonably practicable after giving a harbour direction the
harbour authority must publish a notice in a newspaper specialising in
shipping news—

(a) 35stating that a harbour direction has been given, and

(b) giving details of the arrangements for the inspection and supply
of copies of harbour directions.

40C Enforcement

(1) The master of a ship must ensure that harbour directions are complied
40with.

(2) Breach of subsection (1) without reasonable excuse is an offence.

(3) A person guilty of the offence is liable on summary conviction to a fine
not exceeding level 4 on the standard scale.

40D Supplemental

(1) Harbour directions—

(a) may make provision that applies generally or only in relation to
specified circumstances, areas, periods or descriptions of ship,
5and

(b) may make different provision for different circumstances,
areas, periods or descriptions of ship.

(2) Harbour directions may be varied or revoked by subsequent harbour
directions.

(3) 10In section 40A—

• “mooring” includes casting anchor, and

• “unmooring” includes weighing anchor.”

(2) In section 54 (orders and regulations) at the end insert—

“(5) A power of the Secretary of State or Welsh Ministers to make an order
15under section 40A is exercisable by statutory instrument.

(6) A statutory instrument containing an order under section 40A—

(a) if made by the Secretary of State, is subject to annulment in
pursuance of a resolution of either House of Parliament,

(b) if made by the Welsh Ministers, is subject to annulment in
20pursuance of a resolution of the National Assembly for Wales.”

(3) In section 57(1) (interpretation) insert at the appropriate place—

• ““master”, in relation to a ship, means the person who has
  command or charge of the ship for the time being;”.

6 Harbour closure orders

(1) 25After section 17 of the Harbours Act 1964 insert—

“Harbour closure orders

17A Power to make closure order

(1) The Secretary of State may make an order under this section in respect
of a harbour (a “closure order”)—

(a) 30on the application of the harbour authority,

(b) with the consent of the harbour authority, or

(c) if the Secretary of State has consulted the harbour authority and
is satisfied that they are unlikely to object.

(2) The Secretary of State must publish guidance about the circumstances
35in which a closure order will be made. The guidance—

(a) must require the Secretary of State to have regard to the
underlying purpose, and

(b) must be reviewed and (if appropriate) revised from time to
time.

(3) 40In this section—

(a) “the underlying purpose” means the purpose of permitting or
requiring harbour authorities to cease to maintain harbours
which are no longer commercially viable or necessary;

(b) “the harbour authority” in relation to a harbour means any
5harbour authority which has statutory duties to manage,
maintain or improve the harbour.

17B Content of closure order

(1) A closure order must relieve the harbour authority of—

(a) all statutory functions in respect of the harbour, or

(b) 10specified statutory functions in respect of the harbour.

(2) A closure order may transfer specified functions of the harbour
authority to a specified body (with the body’s consent).

(3) A closure order must include transitional provision about the cessation
of the harbour authority’s functions (including provision about rights
15and liabilities in relation to the performance of functions before the
closure order takes effect).

(4) A closure order may—

(a) permit or require the harbour authority to carry out works in
respect of the harbour;

(b) 20permit the Secretary of State to carry out works in respect of the
harbour;

(c) require a harbour authority to pay for works carried out under
paragraph (b);

(d) confer on the harbour authority or the Secretary of State power
25to acquire (whether by agreement or compulsorily) land
described in the order as the site of works to be carried out
under paragraph (a) or (b).

17C Harbour closure orders: property etc

(1) A closure order may include provision for the transfer of property,
30rights and liabilities of the harbour authority.

(2) In particular, a closure order may include provision—

(a) transferring things that would otherwise not be capable of
being transferred;

(b) creating interests, rights or liabilities in relation to things
35transferred or in connection with a transfer;

(c) for enforcement of rights or liabilities (whether transferred or
created by the order);

(d) about the transfer of rights and liabilities in relation to
employment (including provision for deemed continuity);

(e) 40about pension schemes (including provision for amending
schemes, winding them up, transferring their administration,
and saving rights existing before a transfer takes effect);

(f) terminating appointments;

(g) for compensation for loss of employment (or office).

(3) 45A closure order may include provision—

(a) extinguishing liabilities to the Secretary of State;

(b) about the winding up of the harbour authority’s affairs;

(c) about the winding up of any company wholly owned by the
harbour authority;

(d) about the dissolution of the harbour authority.

(4) 5A provision of a closure order transferring property, rights or liabilities
may—

(a) make the transfer subject to a condition (such as the grant of an
interest in favour of a third party), and

(b) include provision about the effect of failure to comply with the
10condition.

(5) Provision under this section may confer a function on the Secretary of
State.

17D Harbour closure orders: procedure

(1) Part 1 of Schedule 3 has effect in relation to closure orders as in relation
15to harbour revision orders.

(2) In relation to closure orders made otherwise than on the application of
the harbour authority Part 1 of Schedule 3 has effect with any necessary
modifications, in particular—

(a) ignore paragraphs 3, 5, 6, 7, 9, 13 and 14,

(b) 20treat a reference to the applicant as a reference to the Secretary
of State,

(c) treat a reference to the application for an order as a reference to
the proposal to make an order,

(d) treat a reference to being notified of a proposed application as a
25reference to proposing to make an order, and

(e) paragraph 8 applies if the Secretary of State decides that the
order would relate to a project which falls within Annex I or II
to the Directive and is a relevant project, in which case—

(i) the Secretary of State must prepare the environmental
30statement, having consulted bodies with environmental
responsibilities, and

(ii) the statement must include the information specified in
sub-paragraph (2) (and may include other information).

(3) Section 44 applies in relation to closure orders as in relation to harbour
35revision orders.

17E Harbour closure orders: devolution

(1) In relation to fishery harbours in Wales—

(a) the power to make closure orders vests in the Welsh Ministers,
and

(b) 40a reference in this group of sections to the Secretary of State is to
be treated as a reference to the Welsh Ministers.

(2) In relation to harbours in Scotland—

(a) the power to make closure orders vests in the Scottish Ministers,

(b) a reference in this group of sections to the Secretary of State is to
45be treated as a reference to the Scottish Ministers, and

(c) the reference in section 17D(1) to Schedule 3 is a reference to
that Schedule as it has effect in relation to Scotland.

17F Supplemental

(1) A closure order may include incidental, consequential, transitional or
5saving provisions.

(2) In particular, a closure order—

(a) may amend, repeal or revoke an enactment of local application,
and

(b) may disapply or modify the application of any other enactment.

(3) 10A closure order—

(a) may make provision generally or only for specified purposes,
and

(b) may make different provision for different purposes.”

(2) At the end of section 44 (limitation of right to challenge orders) insert—

“(9) 15Section 17D(3) applies this section to closure orders.”

(3) In section 57(1) (interpretation) insert at the appropriate place—

• ““closure order” has the meaning given by section 17A;”.

Port constables

7 Port constables: extension of jurisdiction in England and Wales

(1) 20A port constable may, for policing purposes connected with the port
constable’s police area, act outside that area.

(2) A port constable may act under subsection (1) only with the consent of the chief
officer of police for the police area in which the port constable is acting.

(3) Consent—

(a) 25may be given in relation to a particular port constable or any
description of port constables;

(b) may be given generally for all policing purposes connected with the
port constable’s police area or may be limited (whether as to particular
purposes, particular occasions or in any other way);

(c) 30may be given subject to conditions.

(4) When acting under subsection (1) a port constable has all the powers and
privileges of a constable.

(5) “Port constable” means—

(a) a person appointed by virtue of provision incorporating section 79 of
35the Harbours, Docks, and Piers Clauses Act 1847,

(b) a person appointed under provision made by virtue of paragraph 8 of
Schedule 2 to the Harbours Act 1964, or

(c) a person appointed under section 154 of the Port of London Act 1968
(c. xxxii).

(6) 40A port constable’s police area is the area in which the port constable has
jurisdiction to act, ignoring—

(a) subsection (1), and

(b) any provision, made by or under an enactment, under which the port
constable has jurisdiction to act in an area for limited purposes only.

(7) “Policing purposes connected with the port constable’s police area” means any
5of the following—

(a) the prevention of the commission of offences in the port constable’s
police area;

(b) the detection or investigation of offences committed in the port
constable’s police area;

(c) 10the apprehension or prosecution of offenders in respect of offences
committed in the port constable’s police area;

(d) the preservation of the peace in the port constable’s police area;

(e) the regulation of traffic in the port constable’s police area.

(8) Nothing in this section limits the circumstances in which a port constable may
15act apart from this section.

General lighthouse authorities

8 General lighthouse authority areas

(1) In section 193 of the Merchant Shipping Act 1995 (general lighthouse
authorities etc) at the end insert—

“(6) 20In subsection (1) references to the seas include seas in an area specified
by virtue of section 129(2)(b).”

(2) In section 255C (locating and marking wrecks)—

(a) at the end of subsection (4) insert “(and for this purpose a general
lighthouse authority has the powers conferred by section 253
25throughout their area)”;

(b) omit subsection (5).

(3) In section 255F (removal in default) omit subsection (4).

9 General lighthouse authorities: commercial activities

(1) After section 197 of the Merchant Shipping Act 1995 insert—

“197A 30 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
35authority (“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) 40Where an authority enter or seek to enter into hire or service
agreements—