Marine Navigation Bill (HL Bill 14)

A

BILL

TO

Make provision about marine navigation.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

Pilotage

1 Competent harbour authorities

(1) Section 1 of the Pilotage Act 1987 (competent harbour authorities) is amended
as follows.

(2) 5After subsection (4) insert—

(4A) A harbour authority in England or Wales is not a competent harbour
authority 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
10while it is specified in an order of the Scottish Ministers under this
subsection.

(3) For subsection (5) (power to revoke or amend where circumstances change)
substitute—

(5) An order under this section may be amended or revoked by further
15order.

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

(5) After subsection (8) insert—

(8A) Before making an order under subsection (4A) or (4B) the person
20making the order shall consult—

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

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

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

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

5Harbour authorities

2 Closure orders

(1) After section 17 of the Harbours Act 1964 (harbour revision and empowerment
orders: procedure) insert—

Harbour closure orders

17A 10Power to make order

(1) In 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) 15“closure order” means an order made by the Secretary of State
under this section in respect of a harbour, and

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

(2) 20The Secretary of State may make a closure order, but only—

(a) on 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.

(3) 25The Secretary of State shall publish guidance about the circumstances
in 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
30time.

17B Content of order

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

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

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

(2) 35A 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 authorities’ functions (including provision about rights
and liabilities in relation to the performance of functions before the
40closure order takes effect).

(4) A closure order may—

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

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

(c) 5require a harbour authority to pay for works carried out under
paragraph (b);

(d) confer on the harbour authority or the Secretary of State power
to acquire (whether by agreement or compulsorily) land
described in the order as the site of works to be carried out
10under paragraph (a) or (b).

17C Property

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

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

(a) 15transferring things that would otherwise not be capable of
being transferred;

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

(c) for enforcement of rights or liabilities (whether transferred or
20created by the order);

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

(e) about pension schemes (including provision for amending
schemes, winding them up, transferring their administration,
25and saving rights existing before a transfer takes effect);

(f) terminating appointments;

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

(3) A closure order may include provision—

(a) extinguishing liabilities to the Secretary of State;

(b) 30about 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) A provision of a closure order transferring property, rights or liabilities
35may—

(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
condition.

(5) 40Provision under this section may confer a function on the Secretary of
State.

17D Procedure

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

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(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) 5treat 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
10reference 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
15statement, 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
20revision orders.

17E Devolution

(1) In relation to fishery harbours in Wales—

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

(b) 25a 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
30be 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
35saving 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) 40A 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 of the Harbours Act 1964 (limitation of right to
45challenge orders) add—

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

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(3) In section 57(1) of the Harbours Act 1964 (interpretation) insert at the
appropriate point—

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

Miscellaneous

3 5Manning requirements

In section 47 of the Merchant Shipping Act 1995 (manning requirements) after
subsection (4) insert—

(4A) Standards of competence or other conditions prescribed or specified by
the Secretary of State under subsection (1)(b) may be expressed by
10reference to other documents.

(4B) A reference to a document in reliance on subsection (4A) may include
a reference to amendments of the document which are—

(a) made after the conditions are prescribed or specified, and

(b) approved for the purposes of the regulations by the Secretary of
15State.

General

4 Commencement

(1) This Act comes into force in accordance with provision made by the Secretary
of State by order made by statutory instrument.

(2) 20An order—

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

(b) may make different provision for different purposes, and

(c) may include incidental or transitional provision (including savings).

5 Short title

25This Act may be cited as the Marine Navigation Act 2012.