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| 9. | Master's responsibility in relation to vessels |
The giving of a general direction or a special direction shall not diminish or in any other way affect the responsibility of the master of the vessel to which the direction is given in relation to his vessel, to persons on board the vessel, to the cargo or to any other person or property.
| 10. | Directions as to loading or unloading of vessels, etc. |
| (1) | The Authority may designate any part of the navigation area for the loading and unloading of any goods to which this section applies. |
| (2) | Where pursuant to subsection (1) the Authority has designated a place for the loading or unloading of goods of any description the navigation officer may direct that goods of the description, intended to be loaded onboard or unloaded from a vessel, shall not be deposited or received elsewhere than at the place so designated. |
| (3) | If any person disobeys a direction given under subsection (2)— |
| (a) | the Authority may remove the goods to the place so designated and recover the expenses incurred by them in so doing from that person; |
| (b) | the removal shall be at the risk of that person. |
| (4) | A person acting on behalf of the Authority who removes goods in accordance with subsection (3) may remove any equipment which is provided for the handling of the goods. |
| (5) | The goods to which this section applies are goods which are loaded or unloaded in connection with any trade or business, goods in bulk and goods the nature or character of which is such as, in the opinion of the Authority, to give rise to special risk of pollution, contamination, taint, stain, injury or danger to other goods or to persons, property or water or to necessitate the provision of special facilities for the handling thereof or for the safety, protection, welfare or accommodation of persons employed in, or in connection with, such handling. |
| (6) | Nothing in this section shall authorise the Authority to prevent or restrict the lawful use of any staithe within the meaning of section 25 of the 1988 Act. |
Safety of vessels, etc.
| 11. | Byelaws for registration of vessels |
"the byelaws" means any byelaws made or deemed to be made under this section and for the time being in force;
"the relevant sections" means section 12 (construction and equipment standards) and section 14 (vessels: insurance requirements) of this Act;
and references to registration are references to the registration of a vessel under the byelaws.
| (2) | The Authority may make byelaws for the purpose of providing for the registration of vessels in the navigation area or on adjacent waters, and for the determination and recovery of tolls in respect of vessels moored, used or navigated in the navigation area or on adjacent waters. |
| (3) | Where any such byelaws are made, the Authority shall set up and maintain the necessary register. |
| (4) | The byelaws may in particular— |
| (a) | provide for the registration of vessels under different categories; |
| (b) | make provision as to the display on registered vessels of registration documents or numbers; |
| (c) | provide for the exemption of prescribed vessels or classes of vessels from the requirement to register under the byelaws; |
| (d) | prescribe the period for which any registration is to remain effective; and |
| (e) | determine the procedure to be followed in registering. |
| (5) | The Authority may require an applicant for registration, on making his application, to pay a reasonable fee in respect of the administrative expenses of dealing with the application; and different fees may be specified in relation to different cases or classes of case. |
| (6) | The Authority may require an applicant for registration, in the case of a vessel which falls within a category designated under section 12(5) or section 14(1), to submit with his application— |
| (a) | evidence of compliance with section 12 (whether in the form of an original document, or a copy); |
| (b) | the insurance certificate relating to the vessel, or a copy of it, or other evidence which in the opinion of the Authority is sufficient to show that a policy complying with the requirements of Schedule 2 is in force; and |
| (c) | such other information relating to the vessel as may be reasonably required by the Authority. |
| (7) | The evidence referred to in subsection (6)(b) may if the Authority sees fit consist of a declaration in writing by the applicant in a form prescribed by the Authority to the effect that the policy is in force. |
| (8) | Where any person tenders the appropriate fee for registering any vessel under the byelaws, the Authority shall register the vessel in accordance with the provisions of the byelaws unless it appears to it that any requirement made by or under the byelaws or the relevant sections has not been complied with in respect of that vessel. |
| (9) | Where the Authority refuses to register a vessel on any ground such as is mentioned in subsection (8), it shall notify the applicant in writing of the matters which gave rise to the refusal to register. |
| (10) | Where the Authority is satisfied that a vessel does not comply with any requirement of the relevant sections, it may cancel the registration of that vessel if— |
| (a) | it has given the owner written notice of the non-compliance in question and required him to remedy it within 14 days of the date on which the notice is given; and |
| (b) | that period has expired without the non-compliance being remedied; |
but where the Authority considers that it is necessary to cancel the registration as a matter of urgency, it may do so with effect from the date on which the notice is given.
| (11) | The Authority shall give reasons for any decision under subsection (10) to cancel the registration of a vessel. |
| (12) | (a) Any person who is aggrieved by the refusal of the Authority to register a vessel under the byelaws, or by the cancellation of such registration, may appeal to a magistrates' court. |
(b) On an appeal to it under this subsection the court may dismiss the appeal, or give such direction to the Authority as it thinks fit.
(c) On such an appeal the decision of the court shall be final.
(d) This subsection does not confer a right of appeal in relation to any question which in accordance with this Act is to be determined by the standards appeals panel.
| (13) | Paragraphs 7 and 8 of Schedule 5 to the 1988 Act shall apply to byelaws made under this section as they apply to byelaws made under section 10(3) of the 1988 Act. |
| (14) | The Broads Authority Vessel Registration Byelaws 1997 (other than byelaws 23 and 28) shall be deemed to have been made under this section, and shall have effect as though the references in those byelaws to the "navigation area" included adjacent waters. |
| 12. | Construction and equipment standards |
| (1) | As from the appointed day the Authority may from time to time impose in relation to vessels in the navigation area or on adjacent waters such standards and specifications relating to construction and equipment as may be identified by a scheme made for the purposes of ensuring safety or preventing noise or pollution and which is for the time being in force and published by the Authority or another person. |
| (2) | Before imposing standards which differ materially from those contained in the existing byelaws or in a scheme published by or on behalf of a national body which operates and manages navigable waters in England or Wales, the Authority shall— |
| (a) | consult such bodies as appear to it to represent boating interests on its intention to do so and inform any such bodies of their entitlement to make representations within 56 days; and |
| (b) | publish a notice of its intention to do so in a newspaper circulating in the area of the Broads and on the Authority's website. |
| (3) | The notice published under subsection (2) shall— |
| (a) | summarise the effects of the standards; |
| (b) | summarise the material differences between the standards contained in the existing byelaws, or in any such scheme, and the standards to be imposed under this section; and |
| (c) | state that representations may be made to the Authority in writing on the said differences within 56 days of the date of the notice. |
| (4) | The Authority shall not impose standards to which subsection (2) refers until it has considered all representations made within 56 days of the date on which any bodies representing boating interests are consulted under subsection (1) and of the date of the newspaper notice published under subsection (2). |
| (5) | Different standards may be imposed by the Authority under this section in relation to different categories of vessels and in relation to different parts of the navigation area or any adjacent waters. |
| (6) | Any standards imposed by the Authority may include requirements as to the maintenance, use and operation of appliances, fittings and equipment on a vessel and may extend to anything which is only temporarily installed or used on a vessel. |
| (7) | The requirements of subsection (1) do not apply in relation to a vessel to the extent that the vessel is excluded from those requirements by any exemption granted by the Authority and for the time being in force. |
| (8) | The Authority may exempt any vessel from the requirements of subsection (1) to such extent and upon such terms and conditions as it may determine if, having regard to all the circumstances, it considers that the application of those requirements is not justified in the interests of safety or preventing noise or pollution. |
| 13. | Standards appeals panel |
| (1) | A panel, referred to in this Act as "the standards appeals panel", shall be established and operate in accordance with the provisions of Schedule 1. |
| (2) | The standards appeals panel is to determine— |
| (a) | any question as to whether a vessel complies with any standard which is imposed under section 12 and which is applicable to the vessel; |
| (b) | any question as to whether any standard imposed under section 12 is applicable to the vessel; |
| (c) | any question as to the reasonableness of a standard imposed under section 12; and |
| (d) | any question such as is referred to in section 16(11) as to whether a vessel fails materially to comply with any standards applicable to the vessel; |
if the question is the subject of an application made in accordance with subsection (3).
| (3) | An application to refer a question to the standards appeals panel must be made in writing to the Authority and signed by— |
| (a) | the owner of the vessel, in the case of a question arising under subsection (2)(a), (b) or (d); and |
| (b) | not fewer than six persons, each of whom is the owner of any category of vessel to which this section applies, in the case of a question arising under subsection (2)(c). |
| 14. | Vessels: insurance requirements |
| (1) | The Authority may from time to time designate categories of vessels to which this section is to apply. |
| (2) | The owner or master of a vessel to which this section applies shall not keep, let for hire or use the vessel in the navigation area or on adjacent waters unless there is in force in relation to the vessel a policy of insurance complying with the requirements of Schedule 2. |
| (3) | The requirements of subsection (2) do not apply in relation to a vessel to the extent that the vessel is exempt by the Authority from those requirements. |
| 15. | Offences as to standards and insurance requirements |
| (1) | The owner or master of a vessel who without reasonable excuse and (in the case of a master of a vessel who is not also the owner) knowingly— |
| (a) | keeps, lets for hire or uses a vessel in the navigation area or on adjacent waters which does not comply with any standards applicable to the vessel; or |
| (b) | contravenes the requirements of section 14(2) as to insurance policies, |
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
| (2) | It shall be a defence for the owner or master of a vessel charged with an offence under subsection (1) to prove that he had taken all reasonable precautions and exercised due diligence to avoid the commission of any such offence. |
Other provisions as to vessels
| 16. | Entry on and inspection of vessels |
| (1) | An authorised officer who if so required produces written evidence of his authority may board any vessel in the navigation area or on adjacent waters for the purpose of— |
| (a) | ascertaining whether any requirement made by or by virtue of any provision contained in or applied by this Act (other than section 8), or any byelaw made under or deemed to be made under this Act is being complied with; or |
| (b) | determining whether any power or duty which is conferred or imposed by or by virtue of any of those provisions should be exercised or performed; or |
| (c) | exercising or performing any such power or duty. |
| (2) | An authorised officer who boards any vessel pursuant to this section may— |
| (a) | carry out such inspections, measurements and tests of or in relation to the vessel or of any article found on the vessel; |
| (b) | take away such samples of any article or substance, |
as are reasonably necessary for any purpose mentioned in subsection (1).
| (3) | Section 173 of and Schedule 20 to the 1991 Act shall apply with all necessary modifications to the powers of entry which are conferred by subsection (1) as though for references to the Agency there were substituted references to the Authority. |
| (4) | The master of any vessel subject to boarding and inspection under subsection (1) shall provide reasonable facilities for the boarding, inspection and measuring of the vessel and for the exercise by the authorised officer of the powers of subsection (2). |
| (5) | Except in an emergency, an authorised officer shall not board any vessel pursuant to this section except with the consent of the owner or master or under the authority of a warrant by virtue of Schedule 20 to the 1991 Act as that Schedule has effect in accordance with subsection (3). |
| (6) | For the purposes of any inspection under this section, the master of the vessel shall cause the whole of any installation forming part of or on the vessel to be made available for inspection. |
| (7) | The Authority, if requested so to do by the owner or master of a vessel which is boarded under this section, shall provide a full report of the findings of the authorised officer who boarded the vessel within 28 days of the boarding. |
| (8) | Notice in writing of the entitlement to the report referred to in subsection (7) shall be given— |
| (a) | by the officer who boards a vessel, to the master of the vessel at the time of the boarding; and |
| (b) | (if the owner is not the master) by the Authority, to the owner of the vessel as soon as reasonably practicable after the boarding. |
| (9) | Subject to subsection (10) the costs incurred by the Authority under this section shall be borne by the Authority. |
| (10) | In any case in which the Authority exercises the powers of this section in relation to a vessel which it determines fails materially to comply with any standards applicable to the vessel, the costs incurred by the Authority in exercising those powers shall be borne by the owner of the vessel. |
| (11) | Any question as to whether, for the purpose of subsection (10), a vessel fails materially to comply with any standards applicable to it shall be referred to the standards appeals panel for determination. |
| (12) | Any person who without reasonable excuse intentionally obstructs an authorised officer acting in accordance with this section or contravenes any requirement of this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale. |
| 17. | Meaning of "unsafe vessel" |
For the purposes of this Act a vessel is unsafe if—
| (a) | the vessel does not comply with any standards applicable to the vessel; or |
| (b) | a person has been convicted of an offence under this Act, or the 1988 Act, or any byelaw of the Authority, in respect of the vessel, |
and the Authority is satisfied that the non-compliance or the circumstances which resulted in the conviction, as the case may be, continues or continue to give rise to a danger to any person or to any property, or risk of pollution, from the vessel.
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