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Marine Navigation Aids Bill [HL]


Marine Navigation Aids Bill [HL]

1

 

A

Bill

To

Establish a Marine Navigation Aids Commission; to establish an Office of

Marine Navigation Aids Regulation; to amend the Merchant Shipping Act

1995; and for connected purposes. 

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:—

1       

Establishment of Marine Navigation Aids Commission

(1)   

There shall be a body corporate known as the Marine Navigation Aids

Commission (“the Commission”), funded by the General Lighthouse Fund.

(2)   

The Commission shall not be regarded as the servant or agent of the Crown or

as enjoying any status, immunity or privilege of the Crown; and its property

5

shall not be regarded as property of, or held on behalf of, the Crown.

(3)   

The purposes of the Commission shall be to—

(a)   

operate and maintain navigation aids in a safe and cost effective

manner, and

(b)   

collect light dues, as defined in section 205(1) of the Merchant Shipping

10

Act 1995, payable by ships entering English, Welsh, Scottish and

Northern Irish waters.

(4)   

At the commencement of this Act, the responsibilities of the general lighthouse

authorities, as defined in section 193 (general and local lighthouse authorities)

of the Merchant Shipping Act 1995, regarding the operation and maintenance

15

of marine navigation aids, shall be transferred to the Marine Navigation Aids

Commission.

2       

Membership of Marine Navigation Aids Commission

(1)   

The Secretary of State shall appoint—

(a)   

a chairperson of the Commission,

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(b)   

in consultation with the chairperson, between six and eight other

members of the Commission.

 

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Marine Navigation Aids Bill [HL]

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(2)   

In making any appointment to membership of the Commission, the Secretary

of State shall—

(a)   

have regard to the desirability of appointing a person who has

experience of, and has shown capacity in, some matter relevant to the

functions of the Commission;

5

(b)   

consult the Scottish Ministers, the Welsh Ministers and the Department

of the Environment in Northern Ireland.

(3)   

The Secretary of State may by order alter the number of members specified in

subsection (1)(b).

(4)   

An order made under subsection (3) shall be made by statutory instrument and

10

shall be subject to annulment in pursuance of a resolution of either House of

Parliament.

3       

Chief executive of Commission

(1)   

The Marine Navigation Aids Commission shall, with the approval of the

Secretary of State, appoint a chief executive.

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(2)   

A person appointed as chief executive of the Commission shall, if not already

a member of the Commission, be appointed as a member.

(3)   

The chief executive shall be responsible for the safe, effective and efficient

operation of the Marine Navigation Aids Commission and shall report to the

Office of Marine Navigation Aids Regulation.

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4       

Establishment of Office of Marine Navigation Aids Regulation

(1)   

There shall be a body corporate known as the Office of Marine Navigation Aids

Regulation (“the Office”), funded by the General Lighthouse Fund.

(2)   

The functions of the Office shall be to regulate the work of the Marine

Navigation Aids Commission and, in particular, to —

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(a)   

ensure the safe provision of navigation aids in the United Kingdom by

the Commission,

(b)   

ensure that navigation aids in the United Kingdom are maintained and

operated in an efficient manner by the Commission,

(c)   

set the level of light due charges payable by ships entering United

30

Kingdom waters to the Marine Navigation Aids Commission, and

(d)   

administer the General Lighthouse Fund.

(3)   

The Office shall commission any relevant research which it deems necessary to

enable it to carry out its functions under subsection (2).

(4)   

At the request of the Office, the Marine Navigation Aids Commission must

35

disclose any relevant information necessary for the Office to be able to carry

out its functions under subsection (2).

(5)   

The Office shall produce an annual report for the Secretary of State which shall

outline how it has carried out the functions in subsection (2).

5       

Membership of Office of Marine Navigation Aids Regulation

40

(1)   

The Secretary of State shall appoint—

(a)   

a chairperson of the Office,

 
 

Marine Navigation Aids Bill [HL]

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(b)   

in consultation with the chairperson, at least four other members.

(2)   

The chairperson or another member—

(a)   

may not be appointed for a term of more than five years (but may be

reappointed),

(b)   

may resign by notice in writing to the Secretary of State, and

5

(c)   

shall hold and vacate office in accordance with the terms of his

appointment.

(3)   

Before appointing a person as a member of the Office the Secretary of State

must be satisfied that the person neither has nor is expected to acquire a

financial or other personal interest which is likely to influence the performance

10

of his functions as a member.

(4)   

The Secretary of State may dismiss a member of the Office by notice in writing

on the grounds that the member—

(a)   

has been absent from meetings of the Office without permission of the

Office during a period of more than three months,

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(b)   

has a financial or other personal interest which is likely to influence the

performance of his functions as a member,

(c)   

is the subject of a bankruptcy restrictions order (or interim order),

(d)   

has had his estate sequestrated in Scotland or, under Scots law, has

made a composition or arrangement with, or granted a trust deed for,

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his creditors,

(e)   

has misbehaved, or

(f)   

is unable, unfit or unwilling to perform his functions as a member.

(5)   

The Office shall appoint a Chief Executive, after—

(a)   

consulting the Secretary of State, and

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(b)   

obtaining the Treasury’s approval of the terms and conditions of

appointment.

6       

Interpretation

In this Act “navigation aids” includes lighthouses, buoys, beacons and any

other aids which enable the safe navigation of marine vessels.

30

7       

Areas

Section 193 of the Merchant Shipping Act 1995 is amended as follows—

(a)   

omit subsections (1) and (3),

(b)   

for subsection (4)(a) substitute—

“(a)   

in relation to the Marine Navigation Aids Commission,

35

England, Wales, Scotland, Northern Ireland and the

adjacent seas and islands;”

(c)   

for subsection (5) substitute—

“(5)   

The Marine Navigation Aids Commission is responsible for

lighthouses in Gibraltar, the Channel Islands and the Isle of

40

Man, and their surrounding seas.

(6)   

In subsection (4)(a) references to the seas include seas in an area

specified by virtue of section 129(2)(b).”

 
 

Marine Navigation Aids Bill [HL]

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8       

Commercial activities

(1)   

The Merchant Shipping Act 1995 is amended as follows.

(2)   

In section 197 omit subsections (8) to (11).

(3)   

After section 197 insert—

“197A   

  Commercial activities

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(1)   

The Marine Navigation Aids Commission may enter into agreements—

(a)   

for the use by others of assets of the Commission (“hire

agreements”);

(b)   

for the provision of consultancy or other services by the

Commission (“service agreements”).

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(2)   

The Marine Navigation Aids Commission may not enter into a hire or

service agreement unless—

(a)   

it is satisfied that it is not likely to prejudice the discharge of its

functions under section 195, and

(b)   

the Office of Marine Navigation Aids Regulation consents.

15

(3)   

Where the Marine Navigation Aids Commission enters or seeks to

enter into hire or service agreements—

(a)   

expenditure of the Commission incurred in connection with the

agreements, and with the Office’s consent, shall be paid out of

the General Lighthouse Fund, and

20

(b)   

sums received by the Marine Navigation Aids Commission

under the agreements shall be paid into the General Lighthouse

Fund.

(4)   

The Office of Marine Navigation Aids Regulation may consent to

expenditure in acquiring an asset for the purpose of entering into hire

25

agreements only if the Office 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)   

The Marine Navigation Aids Commission shall send a copy of any hire

30

or service agreement to the Office of Marine Navigation Aids

Regulation.

(6)   

Consent under this section—

(a)   

may be subject to conditions,

(b)   

may be general or specific, and

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(c)   

may be prospective or retrospective.”

9       

Control

For section 199 of the Merchant Shipping Act 1995 substitute—

“199    

Control of local lighthouses

(1)   

The Marine Navigation Aids Commission may give directions to local

40

lighthouse authorities about lighthouses, buoys and beacons.

(2)   

A direction may in particular relate to—

(a)   

the erection or placing of lighthouses, buoys or beacons;

 
 

Marine Navigation Aids Bill [HL]

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(b)   

their removal or discontinuance;

(c)   

their repair, maintenance or improvement;

(d)   

the manner in which they are operated.

(3)   

A direction may be given only with the consent (whether general or

specific) of the Office of Marine Navigation Aids Regulation.

5

(4)   

A local lighthouse authority must comply with directions under this

section.

(5)   

Failure to comply with a direction without reasonable excuse is an

offence.

(6)   

A local lighthouse authority may not without the consent of the Marine

10

Navigation Aids Commission—

(a)   

erect or place any lighthouse, buoy or beacon,

(b)   

remove or discontinue any lighthouse, buoy or beacon, or

(c)   

vary the character of any lighthouse, buoy or beacon or the

mode of exhibiting lights in any lighthouse, buoy or beacon.

15

(7)   

Nothing in this section applies to local buoys or beacons placed or

erected for temporary purposes.

199A    

Section 199 directions: supplementary

(1)   

A direction under section 199 must be in writing.

(2)   

Before giving a direction the Marine Navigation Aids Commission

20

must—

(a)   

notify the relevant local lighthouse authority, and

(b)   

allow them a reasonable opportunity to make representations.

(3)   

The Office of Marine Navigation Aids Regulation may withdraw

consent under section 199(3).

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(4)   

If consent is withdrawn any direction made in reliance on it lapses

(without prejudice to its validity until then).

(5)   

Local lighthouse authorities guilty of the offence under section 199(5)

are liable on summary conviction to a fine not exceeding level 5 on the

standard scale.”

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10      

General light dues to be paid by ships belonging to Her Majesty

In section 205 of the Merchant Shipping Act 1995 omit subsection (4)(a).

11      

Administration of the General Lighthouse Fund

(1)   

Section 211 of the Merchant Shipping Act 1995 is amended as follows.

(2)   

In subsection (1) for “Secretary of State” substitute “Office of Marine

35

Navigation Aids Regulation”.

(3)   

In subsection (2)—

(a)   

for paragraph (a) substitute—

“(a)   

any expenses incurred by the Marine Navigation Aids

Commission and the Office of Marine Navigation Aids

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Marine Navigation Aids Bill [HL]

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Regulation in connection with the discharge of their

functions;”;

(b)   

for paragraph (c) substitute—

“(c)   

such sums as the Office of Marine Navigation Aids

Regulation may determine as sums appearing to it to

5

represent the amount or estimated amount of any

expenses incurred or likely to be incurred by it in

connection with the administration of the Fund;”.

(4)   

In subsection (3)—

(a)   

for paragraph (a) substitute—

10

“(a)   

all general light dues and other sums received by or

accruing to the Marine Navigation Aids Commission by

virtue of, or in connection with, the discharge of its

functions;”;

(b)   

for paragraph (b) substitute—

15

“(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

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(ii)   

expenses incurred by the Marine Navigation

Aids Commission which, by virtue of subsection

(2) above, are payable out of that Fund;”.

12      

General Lighthouse Fund: Pensions

In the Merchant Shipping Act 1995 for section 214 substitute—

25

“214    

General Lighthouse Fund: pensions

(1)   

There shall be payable to or in respect of persons whose salaries are or

were paid out of the General Lighthouse Fund such pensions as may be

determined in accordance with—

(a)   

in the case of such of those persons as are employed by the

30

Office of Marine Navigation Aids Regulation, arrangements

made by the Office, and

(b)   

in the case of other such persons, arrangements made by the

Marine Navigation Aids Commission and approved by the

Secretary of State;

35

   

and those benefits shall be charged on and payable out of that Fund.

(2)   

The Secretary of State shall make arrangements for part of the General

Lighthouse Fund to be allocated for the payment of pensions (and to be

unavailable for other purposes). In particular, the arrangements—

(a)   

shall provide for the allocation of sums paid into the Fund by

40

way of pension contributions after commencement of the

arrangements, and

(b)   

may provide for the allocation of other sums paid into the Fund

(whether or not by way of pension contributions and whether

paid before or after commencement of the arrangements).

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Marine Navigation Aids Bill [HL]

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(3)   

The Secretary of State may by order make arrangements for pensions in

respect of persons whose salaries are or were paid out of the General

Lighthouse Fund to be paid otherwise than out of the Fund.

(4)   

An order under subsection (3)—

(a)   

may establish a pensions scheme and may, in particular,

5

include provision—

(i)   

for the appointment and tenure of trustees;

(ii)   

for conferring other discretionary functions on the

Secretary of State or on one or more specified persons;

(iii)   

about winding up the scheme,

10

(b)   

may amend the list in Schedule 1 to the Superannuation Act

1972 (and make other incidental amendments of that Act),

(c)   

may include incidental, consequential or transitional provisions

which may, in particular, include—

(i)   

provision about the payment of contributions;

15

(ii)   

provision transferring or otherwise relating to sums

allocated in accordance with subsection (2);

(iii)   

consequential amendment of a provision of this Act,

including section 211 and this section, and

(d)   

may apply generally or only in relation to specified cases or

20

circumstances and may make different provision for different

cases or circumstances.

(5)   

In this section “pensions” includes allowances and gratuities.”

13      

Amendments to the Merchant Shipping Act 1995

(1)   

At the commencement of this Act, the responsibilities of the Secretary of State

25

and of the general lighthouse authorities, as defined in section 193 (general and

local lighthouse authorities) of the Merchant Shipping Act 1995, regarding the

operation and maintenance of marine navigation aids in the United Kingdom,

shall be transferred to the Marine Navigation Aids Commission or the Office

of Marine Navigation Aids Regulation.

30

(2)   

The Schedule contains minor and consequential amendments in relation to the

transfer of those responsibilities.

14      

Short title, commencement and extent

(1)   

This Act may be cited as the Marine Navigation Aids Act 2010.

(2)   

The provisions of this Act shall come into force on such day or days as the

35

Secretary of State may by order made by statutory instrument appoint.

(3)   

The provisions of this Act extend to the United Kingdom.

 
 

 
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