Marine Navigation Aids Bill [HL]

House of Lords

Session 2010 - 11
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Other Bills before Parliament

Marine Navigation Aids Bill [HL]

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Marine Navigation Aids Bill [HL]
Schedule — Transfer of responsibilities to the Marine Navigation Aids Commission and the Office of Marine Navigation Aids Regulation: minor and consequential amendments

Schedule
Section 13

Transfer of responsibilities to the Marine Navigation Aids Commission and the
Office of Marine Navigation Aids Regulation: minor and consequential
amendments
1
The Merchant Shipping Act 1995 is amended as follows.
5
2
Omit sections 195(2), 196 and 205(7).
3
For section 194 substitute—
“194
Returns and information to the Office of Marine Navigation Aids
Regulation
The Marine Navigation Aids Commission shall give to the Office of
10
Marine Navigation Aids Regulation all such returns, explanations or
information in relation to the navigation aids within its area and its
management as the Office requires.”
4
In section 195(1)—
(a)
for “general lighthouse authorities” substitute “Marine Navigation
15
Aids Commission”;
(b)
omit “within their respective areas”.
5
For section 197 substitute—
“197
General powers of the Marine Navigation Aids Commission
(1)
Subject to subsection (2) below, and the approval of the Office of
20
Marine Navigation Aids Regulation, the Marine Navigation Aids
Commission shall have power—
(a)
to erect or place any lighthouse, with all requisite works,
roads and appurtenances;
(b)
to add to, alter, or remove any lighthouse;
25
(c)
to erect or place any buoy or beacon, or alter or remove any
buoy or beacon;
(d)
to vary the character of any lighthouse or the mode of
exhibiting lights therein.
(2)
The Marine Navigation Aids Commission shall not in the area of a
30
statutory harbour authority—
(a)
erect or place any lighthouse, works, roads or appurtenances
under subsection (1)(a) above, or
(b)
erect or place any buoy or beacon under subsection (1)(c)
above,
35

except in pursuance of a direction given by the Office of Marine
Navigation Aids Regulation.
(3)
The Office of Marine Navigation Aids Regulation may give such
direction to the Marine Navigation Aids Commission if it considers
it appropriate to do so in the interests of general navigation.
40

Marine Navigation Aids Bill [HL]
Schedule — Transfer of responsibilities to the Marine Navigation Aids Commission and the Office of Marine Navigation Aids Regulation: minor and consequential amendments
9

(4)
Where any improved light or beacon, or any siren or any description
of fog signal has been added to an existing lighthouse, the buoy or
beacon, siren or signal may, for the purposes of this Part, be treated
as if it were a separate lighthouse.
(5)
The Marine Navigation Aids Commission may acquire any land
5
which may be necessary for—
(a)
the exercise of its powers under subsection (1) above;
(b)
the maintenance of its works; or
(c)
the residence of the light keepers.
(6)
For the purposes of the acquisition of land by the Marine Navigation
10
Aids Commission under subsection (5) above the following
provisions shall apply—
(a)
if the land is in England and Wales, the provisions of Part I of
the Compulsory Purchase Act 1965 (so far as applicable)
except sections 4 to 8, 27 and 31;
15
(b)
if the land is in Scotland, the provisions of the Lands Clauses
Acts (so far as applicable) except sections 120 to 125, 127, 142
and 143 of the Lands Clauses Consolidation (Scotland) Act
1845;
(c)
if the land is in Northern Ireland, the provisions of the Lands
20
Clauses Acts (so far as applicable) except sections 16 to 20, 92
to 94, 123, 127 to 132, 150 and 151 of the Lands Clauses
Consolidation Act 1845.
(7)
The Marine Navigation Aids Commission may sell or lease any land
belonging to it.”
25
6
Section 198 is amended as follows—
(a)
in subsection (1) for “general lighthouse authority for any area, or of
any person authorised by that authority” substitute “Office of
Marine Navigation Aids Regulation, or any person authorised by the
Office”;
30
(b)
in paragraph (1)(a) for “their” substitute “its”;
(c)
in subsection (2) for “general lighthouse authority require” substitute
“Office of Marine Navigation Aids Regulation requires”;
(d)
in subsection (3) for “general lighthouse authority” in both places
substitute “Office of Marine Navigation Aids Regulation”;
35
(e)
in subsection (4) for “general lighthouse authority” substitute “Office
of Marine Navigation Aids Regulation”.
7
In section 200(1)—
(a)
for “Secretary of State” substitute “Office of Marine Navigation Aids
Regulation”;
40
(b)
for “a general lighthouse authority” substitute “the Marine
Navigation Aids Commission”;
(c)
for “him” substitute “it”.
8
For section 203 substitute—
“203
Individual transfers of local lighthouses to harbour authorities
45
The Marine Navigation Aids Commission may, at any time, with the
consent of the Office of Marine Navigation Aids Regulation, transfer

Marine Navigation Aids Bill [HL]
Schedule — Transfer of responsibilities to the Marine Navigation Aids Commission and the Office of Marine Navigation Aids Regulation: minor and consequential amendments
10

to a statutory harbour authority any lighthouse, buoy or beacon held
by it which—
(a)
is situated in the area of that harbour authority or on land
adjacent to that area or any part of it; and
(b)
appears to the Marine Navigation Aids Commission to be of
5
benefit solely or mainly to ships within, or entering or
leaving, that harbour authority’s area.”
9
For section 204 substitute—
“204
Surrender of local lighthouses
(1)
A local lighthouse authority may, if they think fit, surrender or sell
10
any lighthouse, buoy or beacon held by them to the Marine
Navigation Aids Commission and the Commission may, with the
consent of the Office of Marine Navigation Aids Regulation, accept
or purchase it.
(2)
The Office of Marine Navigation Aids Regulation shall not give its
15
consent for the purposes of subsection (1) above in any case where
the local lighthouse authority concerned are a statutory harbour
authority unless it considers that the maintenance of the lighthouse,
buoy or beacon in question is in the interests of general navigation.”
10
For sections 205(1) and (2) substitute—
20
“(1)
This section applies to dues leviable by the Marine Navigation Aids
Commission in respect of lighthouses, buoys or beacons under its
management (in this Part called “general light dues”).
(2)
The Marine Navigation Aids Commission may demand, take and
recover general light dues in accordance with this section and for
25
that purpose appoint persons to collect them.”
11
In section 205(6)(a) for “general lighthouse authority” substitute “Marine
Navigation Aids Commission”.
12
For sections 205(8) and (9) substitute—
“(8)
Any person appointed by the Marine Navigation Aids Commission
30
to collect general light dues shall pay over to the Commission, or as
the Commission directs, the whole of the general light dues received
by him.
(9)
The Marine Navigation Aids Commission receiving dues (whether
itself or from a collector) shall keep accounts of the dues and shall
35
cause the dues to be remitted to the Office of Marine Navigation Aids
Regulation or as it directs, and in such manner as it directs.”
13
For sections 206(1) to (3) substitute—
“(1)
The Marine Navigation Aids Commission may, for the purpose of
determining whether any and, if so, what general light dues are
40
payable in respect of any ship, require any relevant authority or any
person who is liable to pay general light dues in respect of the ship,
to furnish to the Commission such information in that authority’s or
person’s possession or control relating to the arrival or departure of
the ship at or from any port within its area as it may reasonably
45
require for that purpose.

Marine Navigation Aids Bill [HL]
Schedule — Transfer of responsibilities to the Marine Navigation Aids Commission and the Office of Marine Navigation Aids Regulation: minor and consequential amendments
11

(2)
The Marine Navigation Aids Commission may require any relevant
authority to furnish to it such information in the relevant authority’s
possession or control relating to the movements within the relevant
authority’s area of ships of any class or description for the purpose
of determining whether any and, if so, what general light dues are
5
payable in respect of the ships.
(3)
The powers conferred on the Marine Navigation Aids Commission
by subsections (1) and (2) above shall also be available to the person
appointed by it to collect dues at a port.”
14
In section 207(3) for “general lighthouse authority” substitute “Marine
10
Navigation Aids Commission”.
15
In section 208(4) for “general lighthouse authority by whom he was
appointed” substitute “Marine Navigation Aids Commission”.
16
In section 209(1) for “authority” substitute “Marine Navigation Aids
Commission”.
15
17
In section 210(7) for “Secretary of State” substitute “Office of Marine
Navigation Aids Regulation”.
18
For section 212 substitute—
“212
Establishments of the Marine Navigation Aids Commission
(1)
The Office of Marine Navigation Aids Regulation may determine—
20
(a)
the establishments to be maintained by the Marine
Navigation Aids Commission on account of the services of
lighthouses, buoys and beacons;
(b)
the annual or other sums to be paid out of the General
Lighthouse Fund in respect of those establishments.
25
(2)
If it appears that any part of the establishments of the Marine
Navigation Aids Commission is maintained for other purposes as
well as for the purposes of its duties under this Part, the Office of
Marine Navigation Aids Regulation may determine the portion of
the expenses of those establishments to be paid out of the General
30
Lighthouse Fund.
(3)
An increase in any establishment or part of an establishment
determined under this section shall not be made without the consent
of the Office of the Marine Navigation Aids Regulation.”
19
For section 213 substitute—
35
“213
Estimates or accounts of expenses to Office of Marine Navigation Aids
Regulation
(1)
An expense of the Marine Navigation Aids Commission in respect of
the services of lighthouses, buoys and beacons shall not be paid out
of the General Lighthouse Fund, or allowed in account, unless—
40
(a)
it has been allowed as part of the establishment expenses
under section 212; or
(b)
an estimate or account of it has been approved by the Office
of Marine Navigation Aids Regulation.

Marine Navigation Aids Bill [HL]
Schedule — Transfer of responsibilities to the Marine Navigation Aids Commission and the Office of Marine Navigation Aids Regulation: minor and consequential amendments
12

(2)
For the purpose of approval by the Office of Marine Navigation Aids
Regulation, the Marine Navigation Aids Commission shall, except as
provided by subsection (3) below, submit to the Office an estimate of
all expenses to be incurred by it in respect of lighthouses, buoys and
beacons, other than expenses allowed under section 212 on account
5
of its establishments.
(3)
In a case where it is necessary for the Marine Navigation Aids
Commission, in providing for any sudden emergency, to incur any
such expense as is mentioned in subsection (2) above without
waiting for the approval of the Office of Marine Navigation Aids
10
Regulation under that subsection, the Commission shall as soon as
possible submit to the Office a full account of the expense incurred.
(4)
The Office of Marine Navigation Aids Regulation shall consider any
estimates and accounts submitted to it under this section and may
approve them either with or without modification.”
15
20
For section 215(1) substitute—
“(1)
The Marine Navigation Aids Commission may, with the consent of
the Office of Marine Navigation Aids Regulation and the Treasury,
borrow money for the purpose of defraying any expenses incurred
or to be incurred by the Commission in connection with the
20
discharge of its functions under this Part.”
21
In section 215(2)—
(a)
for “A general lighthouse authority” substitute “The Marine
Navigation Aids Commission”;
(b)
for “them” in both places substitute “it”.
25
22
In section 215(3) for “a general lighthouse authority” substitute “the Marine
Navigation Aids Commission”.
23
In section 217(1)—
(a)
for “Secretary of State” substitute “Office of Marine Navigation Aids
Regulation”,
30
(b)
for “he” substitute “it”,
(c)
for “a general lighthouse authority” substitute “the Marine
Navigation Aids Commission”.
24
For section 218 substitute—
“218
Accounts of Marine Navigation Aids Commission
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(1)
The Marine Navigation Aids Commission shall account to the Office
of Marine Navigation Aids Regulation for the general light dues and
other sums received by or accruing to it by virtue of, or in connection
with, the discharge of its functions under this Part and for its
expenditure in respect of expenses paid out of the General
40
Lighthouse Fund in such form, at such times, and with such details,
explanations and vouchers as the Office of Marine Navigation Aids
Regulation requires.
(2)
The Marine Navigation Aids Commission shall, when required by
the Office of Marine Navigation Aids Regulation, permit all
45
accounting records kept by or under its direction to be inspected and
examined by such persons as the Office appoints for the purpose.”

Marine Navigation Aids Bill [HL]
Schedule — Transfer of responsibilities to the Marine Navigation Aids Commission and the Office of Marine Navigation Aids Regulation: minor and consequential amendments
13

25
In section 220—
(a)
in subsection (1) for “general lighthouse authority within whose area
the place is situated,” substitute “Marine Navigation Aids
Commission”,
(b)
in subsection (5) for “general lighthouse authority” substitute
5
“Marine Navigation Aids Commission”,
(c)
for subsection (6) substitute—
“(6)
Where the Marine Navigation Aids Commission incurs any
expenses in exercising its powers under subsection (5) above
it may recover the expenses from the person on whom the
10
prevention notice was served.”
26
In section 221—
(a)
in subsection (1)(c) for “any of the general lighthouse authorities”
substitute “the Marine Navigation Aids Commission”,
(b)
in subsection (2) for “any general lighthouse authority” substitute
15
“the Marine Navigation Aids Commission”,
(c)
in subsection (2A) for “any general lighthouse authority” substitute
“the Marine Navigation Aids Commission”,
(d)
in subsection (4) for “Secretary of State” substitute “Office of Marine
Navigation Aids Regulation”,
20
(e)
in subsection (4A) for “Secretary of State” substitute “Office of
Marine Navigation Aids Regulation”,
(f)
in subsection (5) for “Secretary of State” substitute “Office of Marine
Navigation Aids Regulation”.
27
In section 222 for “any of the general lighthouse authorities or the Secretary
25
of State” substitute “the Marine Navigation Aids Commission or its
contractors”.
28
In section 222A—
(a)
in subsection (1)(a) for “a general lighthouse authority” substitute
“the Marine Navigation Aids Commission”,
30
(b)
in subsection (1)(b) for “a general lighthouse authority” substitute
“the Marine Navigation Aids Commission”,
(c)
in subsection (1) for third “authority” substitute “Commission”,
(d)
for paragraph (2)(a) substitute—
“(a)
to the Commission or a person appointed by the
35
Commission to collect general light dues; or”.
29
In section 223 insert in the appropriate places—
““Marine Navigation Aids Commission” and “the
Commission” means the Marine Navigation Aids
Commission established by the Marine Navigation Aids Act
40
2010;”
““navigation aids” includes lighthouses, buoys, beacons and
any other aids which enable the safe navigation of marine
vessels;”
““Office of Marine Navigation Aids Regulation” and “the
45
Office” means the Office of Marine Navigation Aids
Regulation established by the Marine Navigation Aids Act
2010”.