Dockyard Ports Regulation Act 1865
| Jurisdiction | UK Non-devolved |
| Citation | 1865 c. 125 |
(28 & 29 Vict.) C A P. CXXV.
[6th July 1865]
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 Short Title.
1. This Act may be cited as TheDockyard Ports Regulation Act, 1865.
2 Interpretation of Terms.
2. In this Act—
The Term ‘Dockyard Port’ means any Port, Harbour, Haven, Roadstead, Sound, Channel, Creek, Bay, or navigable River of the United Kingdom in, on, or near to which Her Majesty now or at any Time hereafter has any Dock, Dockyard, Steam Factory Yard, Victualling Yard, Arsenal, Wharf, or Mooring:
The Term ‘Vessel’ includes Ship, Boat, Lighter, and Craft of every Kind, however propelled:
The Term ‘Master’ applied to a Vessel means the Person having the Command or Charge of the Vessel for the Time being:
The Term ‘Justice’ and the Term ‘Magistrate’ respectively mean a Justice of the Peace and a Magistrate acting for the Place where the Matter requiring the Cognizance of a Justice or Magistrate arises:
The Term ‘Sheriff’ means the Sheriff Depute of the County or Ward of a County inScotland , and the Steward Depute of the Stewartry in Scotland in which the Matter submitted to the Cognizance of the Sheriff arises, and includes the Substitute of a Sheriff or Steward Depute:
The Term ‘the Admiralty’ means the Lord High Admiral of the United Kingdom or the Commissioners for executing the Office of Lord High Admiral.
3 Power to define Limits.
3. It shall be lawful for Her Majesty in Council, from Time to Time, by Order in Council, to define the Limits of a Dockyard Port for the Purposes of this Act.
4 Appointment of Queen's Harbour Masters.
4. The Admiralty may from Time to Time appoint for each Dockyard Port a fit Person to superintend the Execution of this Act, and otherwise to protect the Port, to be called the Queen's Harbour Master for the respective Port.
5 Port Regulations to be made by Orders in Council.
5. In relation to any Dockyard Port it shall be lawful for Her Majesty in Council, from Time to Time, by Order in Council, to make Regulations for all or any of the following Purposes; namely,
To prohibit the mooring or anchoring of Vessels so as to obstruct Navigation into, in, or out of the Port:
To appropriate any Space as a Mooring Place or Anchoring Ground for the exclusive Use of Her Majesty's Vessels, but not so as to authorize any User of such Space in such Manner as to obstruct Navigation into, in, or out of the Port:
To prohibit or restrict the having of Gunpowder and the having or discharging of shotted or loaded Guns on board any Vessel in any specified Part of the Port, and to regulate the loading and unloading of Gunpowder in the Port:
To restrict the Use of Fire and Light, and the having of Tar, Oil, or other combustible Substances on board any Vessel, in any specified Part of the Port:
To prohibit the navigating of Steam Vessels at a greater than a specified Speed in any specified Part of the Port:
To require the Presence of at least One Person at all Hours of the Day and Night on board every Vessel above a specified Size moored, anchored, or placed in any specified Part of the Port:
To prohibit or regulate the breaming of Vessels in any specified Part of the Port:
And for such other Purposes as from Time to Time seem necessary with a view to the proper Protection of Her Majesty's Vessels, Dockyards, or Property, or to the Requirements of Her Majesty's Naval Service.
6 Penalties in such Orders.
6. Any such Order in Council may impose such reasonable Penalties as seem fit, not exceeding for any Offence Ten Pounds; but any Provision imposing a Penalty shall be so framed that Part only of the Penalty may be ordered to be paid.
7 Orders in Council to be made as to Lights, Prevention of Collision, &c., with Concurrence of Board of Trade.
7. In relation to any Dockyard Port it shall be lawful for Her Majesty in Council, from Time to Time, by Order in Council, on the joint Recommendation of the Admiralty and the Board of Trade, to make Rules concerning the Lights or Signals to be carried or used, and the Steps for avoiding Collision to be taken by Her Majesty's Vessels and other Vessels navigating the Waters of the Port and of the Approaches thereto; and such Rules shall, with respect to Her Majesty's Vessels and other Vessels navigating those Waters, have the same Effect as if they had been Regulations originally contained in Table (C.) in the Schedule to The Merchant Shipping Act Amendment Act, 1862, or were Regulations duly substituted for the same, and as if such original or substituted Regulations applied to Her Majesty's Vessels as well as to other Vessels.
8 As to the printing and Sale of Orders.
8. The Admiralty shall cause printed Copies of every Order in Council under this Act relative to any Dockyard Port to be provided, and to be sold at a reasonable Price, to be fixed by the Admiralty, to all Persons desirous of buying the same.
9 Publication of Orders.
9. Every Order in Council under this Act shall be published in theLondon Gazette , and shall be made to take effect not sooner than the Expiration of Thirty Days from such Publication; and a Copy of the London Gazette containing any such Order shall be conclusive Evidence of the due making and Publication of such Order; and every such Order shall be judicially noticed without being specially pleaded.
10 Effect of Order.
10. Every Order in Council under this Act shall be binding on all Persons, and shall be sufficient to justify all Persons acting thereunder.
11 Power for Queen's Harbour Master to unmoor Vessels, &c.
11. If the Master of any Vessel within a Dockyard Port does not moor, anchor, place, unmoor, or remove the same according to Directions given by the Queen's Harbour Master in conformity with any Order in Council under this Act, or if there is no Person on board of any such Vessel to attend to such Directions, the Queen's Harbour Master may cause the Vessel to be moored, anchored, placed, unmoored, or removed in conformity with the Order in Council, and for that Purpose may cast off, loose, or unshackle, and...
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