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Marine Navigation Aids Bill [HL]


8

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

35

(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”.

 
 

 
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