The Weymouth Harbour Revision Order 2021
| Jurisdiction | UK Non-devolved |
| Citation | SI 2021/43 |
| Year | 2021 |
2021 No. 43
Harbours, Docks, Piers And Ferries
The Weymouth Harbour Revision Order 2021
Made 14th January 2021
Laid before Parliament 21th January 2021
Coming into force 17th February 2021
Weymouth and Portland Borough Council applied for a harbour revision order in accordance with section 14(2)(a) of the Harbours Act 19641(“the Act”).
On the 1st April 2019 the Bournemouth, Dorset and Poole (Structural Changes) Order 20182established a new Council known as Dorset Council, replacing Weymouth and Portland Borough Council in respect of the borough of Weymouth and Portland (and the Council’s from the districts of East Dorset, North Dorset, Purbeck and West Dorset).
The Secretary of State, as the appropriate Minister for the purposes of section 14, has by an Order3under section 42A of the Act4delegated the functions of the appropriate Minister under section 145to the Marine Management Organisation6.
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) of the Act, makes the following Order.
PART 1
PRELIMINARY
Citation and commencement
1. This Order may be cited as the Weymouth Harbour Revision Order 2021 and shall come into force on 17th February 2021.
Interpretation
2.—(1) In this Order—
“the Act of 1847” means the Harbour, Docks and Piers Clauses Act 18477;
“the Act of 1854” means the Weymouth and Melcombe Regis Markets and Pier Act 18548;
“the Act of 1879” means the Weymouth and Melcombe Regis Bridge Act 18799;
“the Act of 1887” means the Weymouth and Melcombe Regis Corporation Act 188710;
“the Act of 1914” means the Weymouth and Melcombe Regis Corporation Act 191411;
“the Order of 1930” means the Weymouth and Melcombe Regis Harbour Order 193012;
“the Act of 1964” means the Harbours Act 196413;
“the Order of 1988” means the Weymouth and Portland (Pilotage) Harbour Revision Order 198814;
“the Order of 1996” means the Weymouth Harbour Revision Order 199615;
“aids to navigation” includes lights, buoys, beacons and signals including sound and electronic signals and any structure required to house the same;
“the Council” means Dorset Council;
“charges” means the charges, rates, tolls and dues which the Council is for the time being authorised to demand, take and recover in relation to the harbour undertaking;
“commercial refuelling activities” means recharging or emptying (in whole or part) a vessel with fuel in exchange for financial payment or other valuable consideration;
“electronic communications network” has the meanings given by section 32 to the Communications Act 200316;
“functions” means the powers and duties at and in connection with the harbour authorised by this Order and the Acts and Orders listed in Schedule 3 (to the extent that those Acts and Orders relate to the harbour);
“general direction” means a direction given under article 21 of this Order;
“the harbour” means the harbour of Weymouth the limits of which include the harbour premises and are defined in article 6 of this Order;
“harbour facilities” means shipping, fisheries, marine, recreational, leisure, tourism and retail facilities (including buildings).
“harbour limits plan” means the plan prepared in duplicate, signed on behalf of the Marine Management Organisation and marked “Signed plan referred to in the Weymouth Harbour Revision Order 2021”, one copy of which is deposited at the offices of the Marine Management Organisation17and the other at the principal office of the Council18.
“the harbour master” means any person appointed as such by the Council, and includes the duly authorised deputies and assistants of the harbour master and any other person for the time being authorised by the Council to act, either generally or for a specific purpose, in the capacity of harbour master;
“the harbour premises” means land adjacent to the wet harbour area and for the time being vested in, or occupied or administered by the Council as part of the harbour undertaking and occupied wholly or mainly for the purpose of activities there carried on; which may include docks, quays, piers, wharves, berths, locks, breakwaters, landing places, yards, roads, sheds, buildings and all other works, conveniences, land and premises which at the date of this Order includes the areas shown shaded blue on the harbour premises plan;
“the harbour premises plan” means the plan prepared in duplicate, signed on behalf of the Marine Management Organisation and marked “Signed plan referred to in the Weymouth Harbour Revision Order 2021, one copy of which is deposited at the offices of the Marine Management Organisation and the other at the principal office of the Council;
“harbour revenue” means and includes all moneys receivable by the Council for and in relation to the harbour undertaking other than borrowed moneys and moneys which ought to be carried to capital account;
“the harbour undertaking” means the undertaking carried on by the Council at and in connection with the harbour authorised by this Order and the Acts and Orders listed in Schedule 3 (to the extent that those Acts and Orders relate to the harbour);
“hovercraft” means a vehicle which is designed to be supported when in motion wholly or partly by air expelled from the vehicle to form a cushion of which the boundaries include the ground, water or other surface beneath the vehicle;
“Inner Harbour North” means that part of the harbour which is described in the Schedule to the Order of 1996 and which, for the purposes of identification only, is shown edged red on the signed plan deposited with that Order;
“jet bike” means any watercraft (not being a structure which by reason of its concave shape provides buoyancy for the carriage of persons or goods) propelled by a water jet engine or other mechanical means of propulsion and steered either—
(a) by means of a handlebar-operated linkage system (with or without a rudder at the stern), or
(b) by the person or persons riding the craft using their body weight for the purpose, or
(c) by a combination of the methods referred to in (a) and (b) above;
“land” includes land covered by water;
“the level of high water” means the level of mean high-water springs;
“the level of low water” means the level of mean low-water springs;
“master”, in relation to a vessel, means any person having or taking command, charge, management or conduct of the vessel for the time being;
“operator” has the meaning given by paragraph 2 Schedule 3A to the Communications Act 2003;
“seaplane” includes a flying boat and any other aircraft designed to manoeuvre on water but not a hovercraft or hydrofoil vessel;
“special direction” means a direction given under article 24 of this Order;
“statutory undertaker” means —
(a) any person who is a statutory undertaker for any of the purposes of the Town and Country Planning Act 199019,
(b) a coast protection authority within the meaning of section 1 of the Coast Protection Act 194920,
(c) any operator of an electronic communications network;
“Trinity House” means the Corporation of Trinity House of Deptford Strond;
“vehicle” includes any vehicle propelled on rails, any machinery on wheels or caterpillar tracks, trailers, caravans and mobile homes and includes a hovercraft or any other amphibious vehicle;
“vessel” means a ship, boat, houseboat, raft or water craft of any description, however propelled or moved, and includes non-displacement craft, a jet bike, a personal watercraft, a seaplane on the surface of the water, a hydrofoil vessel, a hovercraft or any other amphibious vehicle and any other thing constructed or adapted for floating on or being submersed in water (whether permanently or temporarily);
“wet harbour area” means those parts of the area described in article 6(1) of this Order which are covered by water at the level of low water.
(2) All situations, points, directions, distances, lengths, dimensions, areas and other measurements stated in this Order shall be construed as if the words “or thereabouts” were inserted after each such situation, point, direction, distance, length, dimension, area or other measurement.
(3) Reference points specified in this Order shall be construed as references to Latitude and Longitude reference points.
Incorporation of the provisions of Harbour, Docks and Piers Clauses Act 1847
3.—(1) The Act of 1847 (except sections 6 to 26, 28, 31, 42, 48 to 50, 67, 70, 92 and 101), (so far as applicable to the purposes and not inconsistent with the provisions of this Order, the Act of 1854 , the Act of 1887 and the Act of 1914 respectively), is hereby incorporated with this Order, the Act of 1854, the Act of 1887 and the Act of 1914 respectively subject to the modifications stated in paragraphs (2) to (4) below.
(2) Section 63 (penalty on vessels lying near the entrance of harbour or dock without permission) of the Act of 1847 shall have effect subject to the modification that for the words from “liable to” to the end of the section there are substituted the words “guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale”.
(3) Section 69 (combustible matters on quays, &c., to be removed) of the Act of 1847 shall have effect subject to the modification that for the words from “shall forfeit” to the end of the section there are substituted the words “shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale”.
(4) In construing the provisions of the Act of 1847 as incorporated with this Order, the Act of 1854 , the Act of 1887 and the Act of 1914 respectively —
(a)
(a) the expression “the special Act” means this Order, the Act of 1854, the Act of 1887 and the Act of 1914 respectively;
(b)
(b) the expression “the undertakers” means the Council;
(c)
(c) the...
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