The Littlehampton Harbour Revision Order 2015
| Jurisdiction | UK Non-devolved |
| Citation | SI 2015/1387 |
| Year | 2015 |
2015No. 1387
HARBOURS, DOCKS, PIERS AND FERRIES
The Littlehampton Harbour Revision Order 2015
12thJune2015
18thJune2015
10thJuly2015
The Littlehampton Harbour Board has applied in accordance with section 14(2)(a) of the Harbours Act 1964( 1) ("the Act") for a harbour revision order under section 14.
The Secretary of State, as the appropriate Minister for the purposes of that section, has by an Order( 2) under section 42A of the Act( 3) delegated the functions of the appropriate Minister under section 14( 4) to the Marine Management Organisation( 5).
The Marine Management Organisation, being satisfied as mentioned in section 14(2)(b) and in exercise of the powers conferred by section 14(1) and (3), makes the following Order.
PART 1
PRELIMINARY
Citation and commencement
1.-(1) This Order may be cited as the Littlehampton Harbour Revision Order 2015 and shall come into force on 10th July 2015.
(2) The 1927 Act, the 1972 Act, the 1986 HRO, the 1988 HRO and this Order may be cited together as the Littlehampton Harbour Acts and Orders 1927 to 2015.
Interpretation
2. In this Order-
"the 1927 Act" means the Littlehampton Harbour and Arun Drainage Outfall Act 1927( 6);
"the 1972 Act" means the West Sussex County Council Act 1972( 7);
"the 1986 HRO" means the Littlehampton Harbour Revision Order 1986( 8);
"the 1988 HRO" means the Littlehampton (Pilotage) Harbour Revision Order 1988( 9);
"the Board" means the Littlehampton Harbour Board;
"general direction" means a direction given or proposed to be given under article 4;
"the harbour" means Littlehampton Harbour as comprised within the harbour limits;
"the harbour limits" means the limits of the harbour as specified in article 3;
"the harbour master" means a person appointed as such by the Board, and includes his deputies and assistants, and any other person for the time being authorised by the Board to act, either generally or for a specific purpose, in the capacity of harbour master;
"the harbour undertaking" means the undertaking of the Board authorised by the Littlehampton Harbour Acts and Orders 1927 to 2015;
"jet bike" means a personal watercraft propelled by a water-jet engine or other mechanical means of propulsion and steered-
(a) by means of a handlebar operated linkage system (with or without a rudder at the stern); or(b) by the person riding the craft using their body weight for the purpose; or(c) by a combination of the methods referred to in (a) and (b);"special direction" means a direction given or proposed to be given under article 7; and
"vessel" means a ship, boat, raft or water craft of any description and includes a non-displacement craft, jet bike, seaplane and any other thing constructed or adapted for floating on or being submerged in water (whether permanently or temporarily) and a hovercraft or any other amphibious vehicle, used or capable of being used as a means of transportation on water.
The harbour limits
3.-(1) The limits of the harbour within which the Board exercise jurisdiction as a harbour authority and the area within which the powers of the harbour master are exercisable are-
(a) the River Arun and the estuary thereof below the line of high water mark of ordinary spring tides on the south side of Arundel Bridge, the seaward limits being defined by point A (North 50 degrees 48.014 minutes West 0 degrees 32.844 minutes), point B (North 50 degrees 47.865 minutes West 0 degrees 32.849 minutes), point C (North 50 degrees 47.858 minutes West 0 degrees 32.069 minutes) and point D (North 50 degrees 48.135 minutes West 0 degrees 32.055 minutes); and(b) the quays, piers, landing places and all other works, land and buildings for the time being vested in, or occupied or administered by the Board as part of the harbour undertaking, whether or not within the area described in sub-paragraph (a).(2) For the purposes of the Littlehampton Harbour Acts and Orders 1927 to 2015 the limits of the harbour are delineated on the harbour map; and in the event of a discrepancy between the description of the limits of the harbour referred to in paragraph (1) and the limits shown on the harbour map the description of the limits shall prevail.
(3) In paragraph (2) "the harbour map" means the map of the harbour prepared in triplicate, signed by the Chief Executive Officer of the Marine Management Organisation and marked "Littlehampton Harbour Revision Order 2015", of which two copies have been deposited at the offices of the Marine Management Organisation and one copy has been deposited at the principal office of the Board;
(4) Section 36 of the 1927 Act is repealed.
(5) In the definition of "The harbour" in section 3 of the 1927 Act, for "the section of this Act of which the marginal note is "Limits of harbour"" substitute "article 3 (The harbour limits) of the Littlehampton Harbour Revision Order 2015".
(6) In the definition of "the harbour" in article 2 (Interpretation) of the 1988 HRO for "section 36 (Limits of harbour) of the Littlehampton Harbour and Arun Drainage Outfall Act 1927" substitute "article 3 (The harbour limits) of the Littlehampton Harbour Revision Order 2015".
(7) In paragraph (1)(a) the map reference points specified shall be construed as references to coordinates of the World Geodetic System, revised in 1984 and further revised in 2004.
PART 2
HARBOUR REGULATION
General and special directions
Power to give general directions as to use of the harbour, etc.
4.-(1) The Board may, in accordance with the requirements of article 5, give a direction for-
(a) the ease, convenience or safety of navigation;(b) the safety of persons; or(c) the protection of property, flora or fauna;within the harbour.
(2) A direction under this article may apply-
(a) to all vessels or to a class of vessels;(b) to persons designated in the direction;(c) to the whole of the harbour or to a part; or(d) at all times or at certain times or at certain states of the tide;and every direction must specify the extent of its application in relation to the matters referred to in sub-paragraphs (a), (b), (c) and (d).
(3) The Board may amend or revoke a direction given under paragraph (1).
Procedure for giving, amending or revoking general directions
5.-(1) Subject to paragraph (7), if the Board proposes to give, amend or revoke a general direction ("the proposal"), it must-
(a) give notice in writing of the proposal to the Chamber of Shipping and the Royal Yachting Association and to such other persons or organisations as it considers appropriate for the purposes of the application of this provision ("designated consultees");(b) consult with the designated consultees upon the proposal and allow a period of not less than 6 weeks from the date of the notice given in accordance with sub-paragraph (a) for written representations to be made by the designated consultees to the Board regarding the proposal;(c) have regard to any representations made by designated consultees during the consultation;(d) give notice in writing to the designated consultees following the consultation as to whether the Board proposes to proceed with the proposal and, if so, specifying whether it is making any modifications to the proposal and its reasons for so doing; and(e) if the Board proposes to proceed with the proposal and a designated consultee has made representations against the proposal, invite that designated consultee to confirm in writing whether they maintain their objection to the proposal within 28 days from the date of the notice given in accordance with sub-paragraph (d), or such longer period as the Board may specify.(2) Where the Board has complied with paragraph (1), it may proceed with the proposal if-
(a) none of the designated consultees has made representations against the proposal;(b) none of the designated consultees which made representations against the proposal has confirmed in writing that they are maintaining their objection to the proposal in accordance with paragraph (1)(e); or(c) where at least one designated consultee has maintained an objection in accordance with paragraph (1)(e), the requirements of...To continue reading
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