UNITED KINGDOM STATUTORY INSTRUMENT
2005 No. 1470
HARBOURS, DOCKS, PIERS AND FERRIES
The Dockyard Port of Portsmouth Order 2005
Made 7th June 2005
Laid before Parliament 9th June 2005
Coming into operation 10th June 2005
At the Court at Buckingham Palace, the 7th day of June 2005
Present,
The Queen’s Most Excellent Majesty in Council
Her Majesty, in pursuance of sections 3, 5, 6 and 7 of the Dockyard Ports Regulation Act 1865and, in so far as section 7 of the Act is concerned, on the joint recommendation of the Secretary of State for Defence and the Secretary of State for Transport, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows—
S-1
Commencement and CitationCommencement and Citation
1. This Order shall come into operation on the 10th day of June 2005 and may be cited as the Dockyard Port of Portsmouth Order 2005.
Interpretation
2. In this Order unless the context otherwise requires—
“the Act” means the Dockyard Ports Regulation Act 1865;
“approach channel” means the dredged limits of the approach channel to the Harbour from and including the Harbour entrance to Outer Spit Buoy, marked by buoys shown for the time being on Admiralty chart BA2625, and within the entrance to the Harbour the channel as bounded on both sides by the limits of the dredged channel as shown for the time being on Admiralty chart BA2629;
“auxiliary” means any government vessel operating in support of naval or military forces;
“Collision Regulations” means the Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1996;
“Crown Establishment” means any land or property which is for the time being owned or occupied by the Crown;
“Dockyard Port” means the Dockyard Port of Portsmouth as it is described in Article 3;
“Harbour” means Portsmouth Harbour, bounded on the south by a line joining the easternmost point of Fort Blockhouse and Round Tower (Old Portsmouth);
“line of mean low-water springs” means the continuous line of mean low-water springs contiguous to the mainland and the continuous line of mean low-water springs contiguous to the Isle of Wight;
“main navigable channels” means all the waters of the Harbour south of a line joining the north end of Shell Pier head (Priddy’s Hard) and the south west tip of Whale Island and south of Whale Island Bridge but excluding the waters above Haslar Bridge and Forton Bridge;
“Master” means the person for the time being having command or charge of a vessel;
“Naval Base” means the land in the vicinity of the Harbour occupied by the Secretary of State or his operator lessees and known as HM Nelson, HM Naval Base Portsmouth (including the buildings from time to time erected thereon, the basins, quays and docks therein);
“parascending” means an activity whereby a parachute is towed by cable in such a manner as to make it airborne;
“power-driven” in relation to a vessel means a vessel propelled by machinery;
“Queen’s Harbour Master” means the person for the time being appointed under the Act to be Queen’s Harbour Master for the Dockyard Port and any person having authority to act as Queen’s harbour master;
“small boat” means a vessel of an overall length of less than 20 metres;
“Small Boat Channel” means the channel within the approach channel shown on Admiralty charts whose northern extremity is at the Ballast and southern extremity is at No 4 Bar Buoy;
“underway” in relation to a vessel means that such vessel is not at anchor, made fast to the shore or aground;
“VHF” in relation to radiotelephony equipment or radio channels, means very high frequency.
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Description of LimitsDescription of Limits
3. For the purposes of the Act and of this Order the limits of the Dockyard Port of Portsmouth shall be as follows—
(a) on the east and south, a line from a point on the line of mean high-water springs at Eastney Point in latitude 50° 47' 12” north longitude 01° 01' 47” west on a true bearing of 120° for a distance of 2.50 nautical miles to a point in latitude 50° 45' 57” north longitude 00° 58' 22” west, thence on a true bearing of 187 1/2° for a distance of 7.83 nautical miles to a point in latitude 50° 38' 12” north longitude 01° 00' 00” west, thence on a true bearing of 270° for a distance of 6.40 nautical miles to a point on the line of mean high-water springs in Sandown Bay in latitude 50° 38' 12” north longitude 01° 10' 03” west;
(b) on the south west, the line of mean high-water springs along the eastern and northern shores of the Isle of Wight from the aforementioned point in Sandown Bay to a point at Old Castle Point in latitude 50° 45' 56.3” north longitude 01° 16' 28.0” west with all bays, creeks, lakes, pools and rivers as far as the tide flows between those points except that between Bembridge Point and Old St. Helen’s Church the limit of the Dockyard Port shall be the outer limit of Bembridge Harbour;
(c) on the west, a line from the aforementioned point at Old Castle Point on a true bearing of 000° for a distance of 0.14 nautical miles to a point in latitude 50° 46' 04.7” north longitude 01° 16' 28.0” west, thence on a true bearing of 022° for a distance of 3.15 nautical miles to a point on the line of mean high-water springs at Hillhead in latitude 50° 48' 59.5” north longitude 01° 14' 35.9” west; and
(d) on the north, the line of mean high-water springs from the aforementioned point at Hillhead to the aforementioned point at Eastney Point in latitude 50° 47' 12” north longitude 01° 01' 47” west with all bays, creeks, lakes, pools and rivers as far as the tide flows between those points except that in Ports Creek the north east limit of the Dockyard Port shall be the western side of the railway bridge in approximately latitude 50° 50' 00” north longitude 01° 03' 10” west.
Delineation of Limits
4. The limits of the Dockyard Port of Portsmouth are drawn on the chart annexed to this Order.
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Regulations and RulesRegulations and Rules
5. The Regulations contained in Schedule 1 and the Rules contained in Schedule 2 shall operate within the limits (as described in Article 3) of the Dockyard Port and if any inconsistency shall arise between the said Rules and the Collision Regulations, the said Rules shall prevail.
Penalties
6.—(1) The Master of every vessel shall observe and cause to be observed the Regulations contained in Schedule 1, so far as they relate to his vessel, and any such Master or any other person who—
(a)
(a) infringes any provision of those Regulations,
(b)
(b) fails to cause the same to be observed,
(c)
(c) fails to observe any direction given under those Regulations,
(d)
(d) fails to comply with any condition or directions attached to a licence or permission granted under those Regulations, or
(e)
(e) fails to comply with any notice issued under those Regulations,
is guilty of an offence and shall for every such offence be liable to a fine not exceeding level 3 on the standard scale.
(2) The Master of every vessel shall comply with the Rules contained in Schedule 2 hereto and any such Master or any other person, who by his wilful default infringes any of the said Rules, is guilty of an offence and shall in respect of each offence be liable to a fine not exceeding level 3 on the standard scale.
Revocation
7. The Dockyard Port of Portsmouth Order 1978is hereby revoked.
A. K. Galloway
Clerk of the Privy Council
SCHEDULE 1
REGULATIONS
1. General
(1) The Master of every vessel and every other person within the limits of the Dockyard Port shall comply with any specific or general direction given by the Queen’s Harbour Master for the purposes of the proper protection of the Dockyard Port, Her Majesty’s vessels, dockyards or property, or for the requirements of Her Majesty’s Naval service.
(2) The Master of every vessel and every other person within the limits of the Dockyard Port to whom any licence or permission has been granted by the Queen’s Harbour Master in accordance with the provisions of the Act, these Regulations or the Rules contained in Schedule 2, shall comply with any directions or conditions attached to them.
(3) The Queen’s Harbour Master may attach such directions or conditions to any such licence or permission as he considers necessary.
2. Moorings for Her Majesty’s Ships, etc
Moorings for Her Majesty’s vessels, buoys, lights, marks, marker buoys, and other aids to navigation, and such other buoys as may be required for any purpose in connection with naval, military or air force operations, may be placed by the Queen’s Harbour Master in such positions as may be considered necessary for the requirements of Her Majesty’s service.
3. Merchant or Private Moorings
(1) No person shall lay moorings for any merchant or private vessel, hulk, raft, pontoon, bathing stage, house boat, timber or any floating structure in the Dockyard Port, save with the permission of the Queen’s Harbour Master.
(2) All such moorings shall be in such positions as the Queen’s Harbour Master shall deem fit.
(3) Any such moorings anywhere in the Dockyard Port shall be removed forthwith on the specific direction of the Queen’s Harbour Master.
4. Clearing Anchors and Moorings
If at any time the anchor of any vessel hooks any Crown moorings, or any under-sea cable, or moorings of buoys, or any pipe, the Master of such vessel shall forthwith give notice thereof to the Queen’s Harbour Master and shall, if it is safe and practicable, await his direction before proceeding to clear the same.
Anchoring and Mooring—GeneralAnchoring and Mooring—General
5. No vessel shall anchor on the line of any under-sea cable or pipe laid down in the Dockyard Port when such a line is indicated by posts or other discernible marks on shore or is shown for the time being on Admiralty charts as an area in which anchorage is prohibited except with the permission of the Queen’s Harbour Master.
6. No vessel, or barge, hulk, raft...
