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The Dockyard Port of Plymouth Order 2020

As Enacted Cited authorities 27 Cited in Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2020/1261
Year2020

2020 No. 1261

Harbours, Docks, Piers And Ferries

The Dockyard Port of Plymouth Order 2020

Made 11th November 2020

Laid before Parliament 18th November 2020

Coming into force 10th December 2020

At the Court at Windsor Castle the 11th day of November 2020

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty on the advice of Her Privy Council and in exercise of the powers conferred by sections 3, 5, 6 and 7 of the Dockyard Ports Regulation Act 18651makes the following Order.

The power under section 7 of that Act is exercised on the joint recommendation of the Secretary of State for Defence and the Secretary of State for Transport2.

Citation and commencement
S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Dockyard Port of Plymouth Order 2020 and comes into force on 10th December 2020.

Revocation of the Dockyard Port of Plymouth Order 1999
S-2 Revocation of the Dockyard Port of Plymouth Order 1999

Revocation of the Dockyard Port of Plymouth Order 1999

2. The Dockyard Port of Plymouth Order 19993is revoked.

Interpretation
S-3 Interpretation

Interpretation

3. In this Order—

“the Act” means the Dockyard Ports Regulation Act 1865;

“auxiliary” means a vessel in use for the purpose of supporting naval or military forces;

“the dockyard port” means the dockyard port of Plymouth as described in Article 4;

“local harbour authority” means any harbour authority within the meaning of section 57 of the Harbours Act 19644that exercises any function in relation to any area within the dockyard port of Plymouth;

“permission” means permission from the Queen’s Harbour Master, unless otherwise stated in this Order;

“Queen’s Harbour Master” means the person appointed under the Act to be Queen’s harbour master for the dockyard port of Plymouth and any person having authority to act as Queen’s Harbour Master;

“underway” in relation to a vessel means that such vessel is not at anchor, made fast to the shore, or aground; and

“vessel” includes every description of watercraft, seaplane, non-displacement craft, submersibles, personal watercraft, sailboard, and craft of every kind however navigated, propelled or moved.

Description of limits
S-4 Description of limits

Description of limits

4.—(1) For the purposes of the Act and this Order, the limits of the dockyard port are the waters so far as the tide flows north of the line for the time being shown on Admiralty charts joining the following points (datum WGS 84)—

(a)

(a) Latitude 50˚18’.680N., Longitude 04˚13’.355W (Rame Head);

(b)

(b) Latitude 50˚18’.032N., Longitude 04˚12’.561W (175˚ Rame Head Chapel 1.25 nautical miles);

(c)

(c) Latitude 50˚19’.068N., Longitude 04˚07’.595W (Shag Stone); and

(d)

(d) Latitude 50˚19’.068N., Longitude 04˚06’.783W (Haybrook Bay).

(2) The limits of the dockyard port are drawn on the chart annexed to this Order.

Permission
S-5 Permission

Permission

5.—(1) Unless otherwise stated in this Order, the Queen’s Harbour Master may—

(a)

(a) determine the form of any permission granted under this Order; and

(b)

(b) attach such conditions to any permission granted under this Order as he or she considers necessary for the protection and safe operation of the dockyard port.

(2) The master of any vessel or any other person in the dockyard port to whom permission has been granted under this Order must comply with any condition attached to such permission.

Regulations and Rules

Regulations and Rules

S-6 Schedule 1 contains regulations for the purposes set out in...

6. Schedule 1 contains regulations for the purposes set out in section 5 of the Act.

S-7 Schedule 2 contains rules for the purposes set out in section 7...

7. Schedule 2 contains rules for the purposes set out in section 7 of the Act.

Local harbour authorities
S-8 Local harbour authorities

Local harbour authorities

8. Where the Queen’s Harbour Master exercises a function under this Order in relation to commercial shipping traffic he or she must have regard to the functions and responsibilities of any local harbour authority, subject to any operational requirement connected to national defence.

Penalties
S-9 Penalties

Penalties

9.—(1) A person is guilty of an offence if he or she—

(a)

(a) infringes a regulation in Schedule 1; or

(b)

(b) does not comply with a direction given under Schedule 1.

(2) The master of a vessel is in addition guilty of an offence if—

(a)

(a) the vessel infringes a regulation in Schedule 1; or

(b)

(b) he or she fails to prevent a member of the vessel’s crew or a passenger on the vessel committing an offence under paragraph (1).

(3) A person guilty of an offence under paragraphs (1) or (2) is liable on summary conviction in England and Wales to a fine not exceeding level 3 on the standard scale.

Richard Tilbrook

Clerk of the Privy Council

SCHEDULE 1

Article 6

SCHEDULE 1

1 Regulations of general application

PART 1

Regulations of general application

SCH-1.1

1 Interpretation

In this Schedule—

“Crown Establishment” means any land or property which is owned or occupied by the Crown;

“dangerous goods” has the same meaning as in regulation 3 (meaning of “dangerous goods”) of the Dangerous Goods in Harbour Areas Regulations 20165;

“dredging” includes the removal or displacement of material from the seabed and the use of hooks, nets or other apparatus to recover items from the seabed;

“foreign warship” means a vessel authorised to fly the naval ensign of a foreign state;

“Naval Base” means Her Majesty’s Naval Base Devonport, including any buildings, basins, quays and docks in the base regardless of how they are occupied; and

“VHF” in relation to radiotelephony equipment or radio channels means Very High Frequency.

SCH-1.2

2 General power of direction

The Queen’s Harbour Master may direct the master of a vessel or any other person either to do or cease doing anything in the dockyard port if the Queen’s Harbour Master considers it necessary—

SCH-1.a

a to protect Her Majesty’s vessels or property or the dockyard port; or

SCH-1.b

b to meet any requirement of Her Majesty’s naval service.

SCH-1.3

3 Control of movements within the dockyard port

(1) A vessel of 20 metres or more in length must enter, depart from, or navigate within the dockyard port under the direction of the Queen’s Harbour Master.

(2) The master of any vessel must comply with any direction of the Queen’s Harbour Master in relation to the movement of the vessel.

SCH-1.4

4 Prohibited areas

A merchant vessel or other private vessel must not navigate within—

SCH-1.a

a 50 metres of the walls, slipways or boundaries of the Naval Base or any Crown Establishment;

SCH-1.b

b 50 metres of one of Her Majesty’s vessels or auxiliaries, or a foreign warship or auxiliary; or

SCH-1.c

c 100 metres of a submarine that is berthed alongside the Naval Base or secured to any buoy in the dockyard port.

SCH-1.5

5 Pilotage

(1) The following vessels must be piloted in the dockyard port by a qualified Admiralty pilot—

(a)

(a) any of Her Majesty’s vessels or auxiliaries entering, leaving or navigating in the dockyard port;

(b)

(b) any vessel owned or used by the government, or any foreign warship or auxiliary, navigating within the dockyard port to take up or leave a berth, dock or mooring at the Naval Base or any Ministry of Defence owned berth, dock or mooring in the dockyard port, or to conduct military operations in the dockyard port; or

(c)

(c) any vessel proceeding between Plymouth Sound and a berth, dock or mooring at the Naval Base or any Ministry of Defence owned berth, dock or mooring in the dockyard port.

(2) The Queen’s Harbour Master may direct that this regulation does not apply to a vessel.

SCH-1.6

6 Speed limits

(1) A vessel in the dockyard port must not—

(a)

(a) exceed without permission a speed of 10 knots through the water—

(i) north of 50°20’.000N (Plymouth breakwater); or

(ii) within 400 metres of the shore south of latitude 50°20’.000N (Plymouth breakwater);

(b)

(b) exceed without written permission a speed of 8 knots through the water east of the line joining 50°21’.798N 004°08’.015W (Fisher’s Nose) and 50°21’.560N 004°08’.128W (western end of Mount Batten breakwater);

(c)

(c) exceed without written permission a speed of 4 knots through the water in the approaches to Sutton Harbour north of latitude 50°21’.798W (Fisher’s Nose); or

(d)

(d) exceed a speed of 4 knots through the water in an area shown on Admiralty charts as designated for bathing or diving.

(2) Subparagraph (1) does not apply to a vessel under 15 metres in length when it is in—

(a)

(a) a high-speed area marked on Admiralty charts;

(b)

(b) Plymouth Sound when over 400 metres from the shore; or

(c)

(c) an area determined by the Queen’s Harbour Master and published in the form of a local notice to mariners.

SCH-1.7

7 Vessels to be navigated with care and caution

The master of a vessel or any other person navigating within the dockyard port must navigate the vessel with care, caution and reasonable consideration for the occupants of other vessels and must not cause damage or danger to any other vessel, person, mooring or to any other property.

SCH-1.8

8 Conduct within the dockyard port

The master of a vessel or any other person must not navigate within the dockyard port when under the influence of intoxicating drink, drugs or other substances.

SCH-1.9

9 Wrecks and submerged objects

(1) The person or persons responsible for a vessel or object must notify the Queen’s Harbour Master immediately if the vessel or object—

(a)

(a) sinks or is stranded in the dockyard port; or

(b)

(b) becomes a wreck in the dockyard port,

and as a result causes, or is likely to cause, an obstruction.

(2) For the purposes of subparagraph (1), the person or persons responsible for a vessel or object are—

(a)

(a) the owner, master or agent of the vessel; and

(b)

(b) the owner of, or any other person in possession or control of, the object.

SCH-1.10

10 Fishing

(1) A person fishing in the dockyard port must comply with any direction given to him or her by the...

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