Harbours Act 1964
Harbours Act 1964
1964 CHAPTER 40
An Act to establish a National Ports Council; to provide for the control of harbour development and for giving financial assistance for the improvement of harbours; to make other provision respecting the construction, improvement, maintenance and management of harbours; to make provision with respect to charges of certain harbour authorities and lighthouse authorities; and for purposes connected with the matters aforesaid.
[10th June 1964]
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:—
The National Ports Council
1 Establishment of National Ports Council, and principal duties thereof.
(1) There shall be a Council to be called the National Ports Council (hereafter in this Act referred to as ‘the Council’) which shall be charged with the duty of formulating, and keeping under review, a national plan for the development of harbours in Great Britain and with the following duties, that is to say,—
(a ) formulating comprehensive plans for the improvement of existing, and the provision of new, harbours in Great Britain and of services and facilities provided at such harbours;
(b ) promoting the execution of such plans (so far as they are approved by the Minister);
(c ) encouraging harbour authorities in Great Britain to exercise and perform functions of theirs relating to harbours as efficiently as possible and assisting them in the exercise and performance of such functions; and
(d ) tendering to the Minister advice with respect to the taking of action calculated to secure the improvement, maintenance and management of harbours in Great Britain in an efficient and economical manner and the provision of adequate means of access to such harbours by road and rail;
and shall have such other duties, and such powers, as are imposed and conferred on them by the following provisions of this Act.
(2) In the discharge of the duties imposed on them by the foregoing subsection the Council shall seek consultation with such harbour authorities and other persons as appear to the Council to be directly concerned.
(3) In subsection (1) of this section ‘harbour’ does not include a fishery harbour within the meaning of section 21 of the Sea Fish Industry Act 1951 or a marine work.
2 Constitution of the Council.
(1) The Council shall consist of a chairman appointed by the Minister, and such number of other members so appointed, not being less than seven nor more than eleven, as the Minister may from time to time determine.
(2) The members of the Council shall be appointed from amongst persons appearing to the Minister to have wide experience of, and to have shown capacity in, the management of harbours, shipping, inland transport, industrial, commercial, financial or economic matters, applied science or the organisation of workers, to have wide experience as persons employed in doing work falling to be done in the course of the management of harbours or the carrying out of harbour operations and to have shown capacity as persons so employed, or to have, in some other respect (including, in particular, knowledge or experience of matters affecting the fishing industry), special knowledge or experience that would be of value to the Council in the exercise and performance of their functions.
(3) The Minister shall appoint one of the members of the Council to act as deputy chairman.
(4) The Council—
(a ) shall pay to their members such remuneration (whether by way of salary or fees) and such allowances as the Minister may, with the approval of the Treasury, determine; and
(b ) in the case of such members as the Minister may with the approval of the Treasury determine, shall pay such pensions or make such payments towards the provision of pensions to or in respect of those members as he may, with the like approval, determine in the case of those members respectively.
(5) The Minister shall, as soon as possible after the passing of this Act, lay before each House of Parliament a statement of the remuneration and allowances that are or will be payable to the members of the Council under this section; and, if a subsequent determination by him under this section involves a departure from the terms of the said statement or if a determination by him under this section relates to the payment of, or to payments towards the provision of, a pension to or in respect of a member of the Council, the Minister shall, as soon as possible after the determination, lay a statement thereof before each House of Parliament.
(6) The incidental provisions contained in Schedule 1 to this Act shall have effect with respect to the Council.
3 Promotion by the Council of research, and training and education.
(1) The Council may take such steps as appear to them to be practicable and desirable for the promotion of—
(a ) research into matters affecting the management, construction and improvement of harbours and the carrying out of harbour operations; and
(b ) the training and education (except to do, or in the doing of, work that usually falls to be done by dock workers) of persons employed or to be employed in doing work falling to be done in the course of the management of harbours or the carrying out of harbour operations;
either by themselves prosecuting research, training and education or by their promoting it by others, or in both of those ways.
(2) It shall be the duty of the Council, if directed in writing by the Minister (after consultation with them) so to do, to promote research into any such matters affecting the management, construction or improvement of harbours or the carrying out of harbour operations as may be specified in the direction or, if so directed by him after such consultation so to do, to promote the training, of persons falling within subsection (1)(b ) above of such class as may be so specified, to do, and their education in the doing of, work falling to be done in the course of the management of harbours or the carrying out of harbour operations, not being work that usually falls to be done by dock workers; and a duty imposed on the Council by virtue of this subsection may be discharged in manner corresponding to that in which their powers under the foregoing subsection may be exercised.
(3) In the exercise of their powers under subsection (1) of this section and in the discharge of a duty imposed on them by virtue of subsection (2) of this section, the Council shall act in consultation with—
(a ) such harbour authorities and bodies appearing to the Council to be representative of harbour authorities;
(b ) such persons engaged in the carrying of goods or passengers in ships by sea and bodies appearing to the Council to be representative of persons so engaged; and
(c ) such persons and authorities engaged in education and research;
as the Council think appropriate in the circumstances, and with any other person who appears to them to be concerned.
(4) Where the Council promote research, or training and education, by others, they may give assistance (including financial assistance) therefor.
(5) The Council may make, in or towards satisfaction of expenses incurred by them in promoting research into any matter at the instance or with the consent of any person or body, charges of such amounts as may be agreed between them and that person or body.
(6) The Council may make charges in respect of training and education of persons undertaken by them in exercise of their powers under subsection (1) of this section or in discharge of a duty imposed on them by virtue of subsection (2) of this section; but shall not, in exercise of the power conferred by this subsection, exact a charge from a person in respect of his receiving any such training or education.
(7) In this section ‘dock worker’ has the meaning assigned to it by section 6 of the Dock Workers (Regulation of Employment) Act 1946.
4 Provision of funds for the Council.
(1) It shall be the duty of the Council to impose on harbour authorities, by means of a scheme or schemes made by the Council and submitted to and confirmed by the Minister in accordance with the following provisions of this section, such charges as will enable them to meet any expenditure incurred, or to be incurred,—
(a ) in the exercise of their powers under subsection (1) of the last foregoing section or in the discharge of a duty imposed on them by virtue of subsection (2) of that section;
(b ) in the discharge of liabilities in respect of money borrowed by them;
(c ) in respect of remuneration or allowances to, or pensions to or in respect of, members of the Council; or
(d ) in respect of the administrative expenses of the Council;
in so far as it cannot be met by revenue accruing to them in consequence of the exercise of powers conferred by other provisions of this Act.
(2) A scheme under this section may be made so as to apply to all harbour authorities, to harbour authorities of a particular class or to particular harbour authorities.
(3) A scheme under this section may—
(a ) if provision is thereby made for imposing charges on all harbour authorities, provide for the levying of charges of different amounts on harbour authorities of...
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