ukpga/1964/40 — Harbours Act 1964

Harbours Act 1964 1964 c. 40 An Act to establish a National Ports Council; to provide for the control of harbour development and for giving financial assistance for the improvement of harbours; to make other provision respecting the construction, improvement, maintenance and management of harbours; to make provision with respect to charges of certain harbour authorities and lighthouse authorities; and for purposes connected with the matters aforesaid. [10th June 1964] The National Ports Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Control of harbour Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Exchequer Assistance for Execution of harbour Works, &c. Loans for execution of harbour works, &c. 11 1 Subject to the provisions of this section, the Minister, with the approval of the Treasury . . . may, out of moneys which, by virtue of the following provisions of this Act, are issued to him for the purpose out of the National Loans Fund, give to a harbour authority assistance by way of loan— a in respect of expenses incurred by them— i in executing, at a harbour which in the exercise and performance of statutory powers and duties they are engaged in improving, maintaining or managing, works for the improvement, maintenance or management of the harbour; ii in acquiring plant or equipment required for the carrying out at the harbour of harbour operations; iii in acquiring land required for the purposes of the harbour or an extension thereof; b to enable them to repay the whole or part of the principal of, or to pay the whole or part of a sum due by way of the payment of interest on, a loan made to them by virtue of the foregoing paragraph, provided that, in the case of assistance in respect of expenses incurred, he is satisfied that the expenses are such as ought properly to be regarded as being of a capital nature. 2 Assistance given under the foregoing subsection in respect of expenses incurred in the execution of any works may include a sum in respect of costs in, or in connection with, the preparation of plans and specifications of the works, reports with respect thereto and estimates of the expenses to be incurred for the purposes of the execution thereof and a sum in respect of the remuneration of any architect, engineer or other person employed in an advisory or supervisory capacity in connection with the execution of the works. 3 No assistance shall be given under subsection (1) of this section for the repayment of any such part of the principal of a loan as falls due for repayment more than five years from the date on which the loan was made or for the payment of interest on a loan for any period beginning more than five years from that date. 4 No assistance shall at any time be given under subsection (1) of this section by the Minister to a harbour authority in respect of expenses incurred by them in relation to a harbour or to enable them to repay the principal of, or to pay interest on, a loan unless at that time the harbour is neither a fishery harbour nor a marine work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Maximum amount of loans and grants under sections 11 and 12, and cesser of certain other powers to give financial assistance. 13 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 No advance shall be made after the passing of this Act under section 17(1) of the Ministry of Transport Act 1919 by the Minister for the construction, improvement or maintenance of a harbour, dock or pier, and no advance or loan shall be made— a under section 3 of the Harbours and Passing Tolls, &c. Act 1861 ... by the Treasury for carrying any shipping purpose into effect at a harbour which is not for the time being a fishery harbour or marine work; b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... Harbour Revision and Empowerment Orders Ministers’ powers, on application of harbour authorities, or others, to make orders for securing harbour efficiency, &c. 14 1 Subject to the provisions of this section and to the following provisions of this Act, there may, in relation to a harbour which is being improved, maintained or managed by a harbour authority in the exercise and performance of statutory powers and duties, be made by the appropriate Minister an order (in this Act referred to as a “harbour revision order”) for achieving all or any of the objects specified in Schedule 2 to this Act. 1A Subsection (1) is subject to— a section 33(2) of the Planning Act 2008 (exclusion of powers to authorise development); b section 120(9) of that Act (exclusion of power to include ancillary provision in orders). c section 20(2) of the Infrastructure (Wales) Act 2024 (exclusion of powers to authorise development to the extent that infrastructure consent is required); d section 63(8) of that Act (exclusion of power to include ancillary provision in orders). 2 Subject to the next following section, a harbour revision order shall not be made in relation to a harbour by the appropriate Minister— a except upon written application in that behalf made to him by the authority engaged in improving, maintaining or managing it or by a person appearing to him to have a substantial interest or body representative of persons appearing to him to have such an interest; and b unless the appropriate Minister is satisfied that the making of the order is desirable in the interests of securing the improvement, maintenance or management of the harbour in an efficient and economical manner or of facilitating the efficient and economic transport of goods or passengers by sea or in the interests of the recreational use of sea-going ships . 2A The objects for achieving all or any of which a harbour revision order may be made in relation to a harbour include repealing superseded, obsolete or otherwise unnecessary statutory provisions of local application affecting the harbour, or consolidating any statutory provisions of local application affecting the harbour; and subsection (2)(b) of this section does not apply to an order in so far as it is made for objects mentioned in this subsection. 2B Nothing in subsection (2)(b) of this section shall prevent the making of an order for facilitating— a the closing of part of the harbour, b a reduction in the facilities available in the harbour, or c the disposal of property not required for the purposes of the harbour, if the appropriate Minister is satisfied that the making of the order is desirable on grounds other than those specified in that subsection. 3 A harbour revision order may include all such provisions as appear to the appropriate Minister to be requisite or expedient for rendering of full effect any other provision of the order and any supplementary, consequential or incidental provisions appearing to him to be requisite or expedient for the purposes of , or in connection with, the order, including, but without prejudice to the generality of the foregoing words, penal provisions and provisions incorporating, with or without modifications, any provision of the Lands Clauses Acts or any other enactment and provisions for excluding or modifying any provision of any Act or of any instrument made under any Act (including this Act) and for repealing any statutory provision of local application affecting the harbour to which the order relates; but no penal provision of a harbour revision order shall be so framed as to permit of a person’s being punished otherwise than on his conviction or as to permit— a on his being summarily convicted, of the infliction on him of a penalty other than a fine or of — i in the case of an offence triable either summarily or on indictment, the infliction on him of a fine exceeding the prescribed sum within the meaning of section 32 of the Magistrates’ Courts Act 1980 or section 289B of the Criminal Procedure (Scotland) Act 1975; ii in the case of an offence triable only summarily, the infliction on him of a fine exceeding level 4 on the standard scale or, in the case of a continuing offence, a daily fine exceeding £50 for each day on which the offence continues after conviction; b on his being convicted on indictment, of the infliction on him of a penalty other than a fine . 4 In the case of a harbour revision order that provides for the establishment of a body as the harbour authority for the harbour to which the order relates in lieu of the existing one, references in paragraphs 2 to 17 of Schedule 2 to this Act to the authority (except in the case of the reference in paragraph 3 the references, other than the second, in paragraph 5 and the second reference in paragraph 11) shall be construed as referring to the body established by the order as the harbour authority, and in the said excepted case shall be construed as referring to the existing one. 4A Where two or more harbours are being improved, maintained or managed by the same harbour authority or by harbour authorities which are members of the same group, a harbour revision order may relate to more than one of the harbours; and for this purpose two authorities are members of the same group if one is a subsidiary (within the meaning of the Companies Acts (see section 1159 of the Companies Act 2006) ) of the other or both are subsidiaries of another company (within the meaning of that section ). 5 Where a harbour revision order includes provision for the compulsory acquisition of land, there must, in the case of each parcel of land proposed to be acquired compulsorily, be annexed to the order a map of a scale not less than 1:2500 on which the boundaries of that parcel are plainly delineated. 5A Where a harbour revision order includes provision for extinguishing or diverting a public right of way over a footpath or bridleway , bridleway or restricted byway , there must be annexed to the order a map of a scale not less than 1:2500 on which the path or way concerned, and in the case of a diversion the new path or way, are plainly delineated. 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 In this section and in Schedule 2 to this Act “the appropriate Minister”, in the case of an order to be made in relation to a harbour not being a fishery harbour or a marine work means the Minister, in the case of an order to be made in relation to a fishery harbour means the Minister of Agriculture, Fisheries and Food, and in the case of an order to be made in relation to a marine work means the Secretary of State. Ministers’ powers to make, of their own motion, orders for limited purposes for securing harbour efficiency, &c. 15 1 If, with respect to a harbour, the appropriate Minister is satisfied, . . . that a harbour revision order ought to be made for the purpose of achieving, in relation to the harbour, either or both of the following objects, namely,— a reconstituting the harbour authority by whom the harbour is being improved, maintained or managed or altering their constitution; and b regulating (in whole or to a less extent) the procedure of, or of any committee of, the authority and fixing the quorum at a meeting of, or of any committee of, the authority; he may, if he is satisfied as mentioned in subsection (2)(b) of the last foregoing section, make the order despite the fact that no application to him for the making of it is forthcoming from the authority engaged in improving, maintaining or managing the harbour or from any such person or representative body as is mentioned in subsection (2)(a) of that section. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 In this section “ the appropriate Minister ”, in relation to a harbour not being a fishery harbour or a marine work means the Minister, in relation to a fishery harbour means the Minister of Agriculture, Fisheries and Food, and in relation to a marine work means the Secretary of State. Ministers’ powers to make orders about port appointments. 15A 1 Each of the Ministers may, subject to subsection (2) of this section, by order vary the constitution of a harbour authority so far as it provides for the appointment by him of any member or members of the authority— a so as to abolish the power of appointment (except where the power is to appoint the chairman of the authority); or b so as to provide for the power of appointment to be exercised by such other person or persons as may be specified in the order. 2 No order under this section may be made by the Secretary of State with respect to the constitution of a harbour authority if under the constitution all the members of the authority, apart from ex officio and co-opted members, are appointed by him. 3 An order under this section— a may relate to more than one harbour authority; and b may contain such supplementary, incidental and consequential provisions as appear to the Minister making the order to be necessary or expedient; and where the constitution of a harbour authority provides for the appointment by the Minister making the order of more than one member, an order under this section may make different provision for each member falling to be so appointed and may make provision for some only of those members. 4 A Minister proposing to make an order under this section shall before doing so consult the harbour authority concerned and such other persons affected, or bodies representative of such persons, as he thinks fit. 5 In this section “ the Ministers ” means the Secretary of State and the Minister of Agriculture, Fisheries and Food. Ministers’ powers, on application of intending undertakers, or others, to make orders conferring powers for improvement, construction, &c., of harbours. 16 1 In a case where a person is desirous of securing the achievement of any of the following objects, namely,— a the improvement, maintenance or management of a harbour (whether natural or artificial) navigated by sea-going ships (not being a fishery harbour or a marine work) or of a port, haven, estuary, tidal or other river or inland waterway so navigated (not being a fishery harbour or a marine work); b the construction of an artificial harbour navigable by sea-going ships or an inland waterway so navigable, other than a harbour or waterway which, in the opinion of the Minister and the Secretary of State, will, on completion, be a marine work; and c the construction, improvement, maintenance or management of a dock elsewhere than at a fishery harbour or marine work or of a wharf elsewhere than at such a harbour or work; but neither he nor any other person has powers, or sufficient powers, to secure it, or to do so effectively, he may make a written application to the Minister for the making by him of an order conferring on the applicant, some other designated person or a body to be constituted for the purpose by the order (according as may be specified in the application) all such powers (including, in particular, power to acquire land compulsorily and to levy charges other than ship, passenger and goods dues) as are requisite for enabling that object to be achieved. 2 In a case where a person is desirous of securing the achievement of either or both of the following objects, namely,— a the improvement, maintenance or management of a fishery harbour; and b the construction, improvement, maintenance or management of a dock at a fishery harbour or of a wharf at such a harbour; but neither he nor any other person has powers, or sufficient powers, to secure it, or to do so effectively, he may make a written application to the Minister of Agriculture, Fisheries and Food for the making by him of such an order as aforesaid. 3 In a case where a person is desirous of securing the achievement of any of the following objects, namely,— a the improvement, maintenance or management of a marine work, being a harbour (whether natural or artificial) navigated by sea-going ships or being a port, haven, estuary, tidal or other river or inland waterway so navigated; b the construction of an artificial harbour navigable by sea-going ships which, in the opinion of the Minister and the Secretary of State, will, on completion, be a marine work or an inland waterway so navigable which, in the opinion of the Minister and the Secretary of State, will, on completion, be a marine work; and c the construction, improvement, maintenance or management of a dock at a marine work or of a wharf at such a work; but neither he nor any other person has powers, or sufficient powers, to secure it, or to do so effectively, he may make a written application to the Secretary of State for the making by him of such an order as is mentioned subsection (1) of this section. 3A Subsections (1) to (3) are subject to— a section 33(2) of the Planning Act 2008 (exclusion of powers to authorise development); b section 120(9) of that Act (exclusion of power to include ancillary provision in orders). c section 20(2) of the Infrastructure (Wales) Act 2024 (exclusion of powers to authorise development to the extent that infrastructure consent is required); d section 63(8) of that Act (exclusion of power to include ancillary provision in orders). 4 An order under this section is in this Act referred to as a “harbour empowerment order”. 5 Neither the Minister, nor the Minister of Agriculture, Fisheries and Food nor the Secretary of State shall make a harbour empowerment order unless he is satisfied that the making thereof is desirable in the interests of facilitating the efficient and economic transport of goods or passengers by sea or in the interests of the recreational use of sea-going ships . 6 A harbour empowerment order may include all such provisions as appear to the Minister of the Crown by whom it is made to be requisite or expedient for giving full effect to any provision included in the order by virtue of the foregoing provisions of this section and any supplementary, consequential or incidental provisions appearing to him to be requisite or expedient for the purposes of, or in connection with, the order, including, but without prejudice to the generality of the foregoing words, penal provisions and provisions incorporating, with or without modifications, any provision of the Lands Clauses Acts or any other enactment and provisions for excluding or modifying any provision of any Act or of any instrument made under any Act (including this Act) and for repealing any statutory provision of local application affecting the area in relation to which the powers are intended to be exercised ; but no penal provision of a harbour empowerment order shall be so framed as to permit of a person’s being punished otherwise than on his conviction or as to permit— a on his being summarily convicted, of the infliction on him of a penalty other than a fine or of — i in the case of an offence triable either summarily or on indictment, the infliction on him of a fine exceeding the prescribed sum within the meaning of section 32 of the Magistrates’ Courts Act 1980 or section 289B of the Criminal Procedure (Scotland) Act 1975; ii in the case of an offence triable only summarily, the infliction on him of a fine exceeding level 4 on the standard scale or, in the case of a continuing offence, a daily fine exceeding £50 for each day on which the offence continues after conviction; b on his being convicted on indictment, of the infliction on him of a penalty other than a fine . 7 Where a harbour empowerment order includes provision for the compulsory acquisition of land, there must, in the case of each parcel of land proposed to be acquired compulsorily, be annexed to the order a map of a scale not less than 1:2500 on which the boundaries of that parcel are plainly delineated. 7A Where a harbour empowerment order includes provision for extinguishing or diverting a public right of way over a footpath or bridleway , bridleway or restricted byway , there must be annexed to the order a map of a scale not less than 1:2500 on which the path or way concerned, and in the case of a diversion the new path or way, are plainly delineated. 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedure for making harbour revision and empowerment orders, and substitution thereof, in general, for provisional orders. 17 1 The provisions of Schedule 3 to this Act shall have effect as follows with respect to the procedure for making harbour revision and empowerment orders:— a Part I of that Schedule shall have effect with respect to the procedure for making harbour revision orders upon application therefor to the Secretary of State ; b Part II of that Schedule shall have effect with respect to the procedure for the making of harbour revision orders by the Secretary of State of his own motion; c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . g Part I of that Schedule shall, subject to the modifications specified in Part III thereof, have effect with respect to the procedure for the making of harbour empowerment orders by the Secretary of State ; h . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and the said Parts I, II and III shall have effect with respect to the procedure for the making of orders by the Minister of Agriculture, Fisheries and Food with the substitution . . . of references to him for references to the Secretary of State. 2 Neither the Minister nor the Minister of Agriculture, Fisheries and Food nor the Secretary of State shall make a harbour revision or empowerment order including provision authorising the compulsory acquisition of land unless it also includes provision for the payment of compensation in respect of the acquisition. 2A Neither the Secretary of State nor the Minister of Agriculture, Fisheries and Food shall make a harbour revision or empowerment order which provides for extinguishing a public right of way over a footpath or bridleway , bridleway or restricted byway unless he is satisfied— a that an alternative right of way has been or will be provided, or b that the provision of an alternative right of way is not required. 2B Neither the Secretary of State nor the Minister of Agriculture, Fisheries and Food shall make a harbour revision or empowerment order which provides for diverting a public right of way over a footpath or bridleway , bridleway or restricted byway unless he is satisfied that the path or way will not be substantially less convenient to the public in consequence of the diversion. 2C In this section and in Schedule 3 to this Act (except in paragraphs 20A and 25(6)(c) of Schedule 3), references to “the Secretary of State” are to be construed, in relation to a harbour that is wholly in Wales, other than a reserved trust port, as references to the Welsh Ministers , and in relation to Scotland, as references to the Scottish Ministers. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Harbour closure orders Power to make closure order 17A 1 The Secretary of State may make an order under this section in respect of a harbour (a “closure order”)— a on the application of the harbour authority, b with the consent of the harbour authority, or c if the Secretary of State has consulted the harbour authority and is satisfied that they are unlikely to object. 2 The Secretary of State must publish guidance about the circumstances in which a closure order will be made. The guidance— a must require the Secretary of State to have regard to the underlying purpose, and b must be reviewed and (if appropriate) revised from time to time. 3 In this section— a “ the underlying purpose ” means the purpose of permitting or requiring harbour authorities to cease to maintain harbours which are no longer commercially viable or necessary; b “ the harbour authority ” in relation to a harbour means any harbour authority which has statutory duties to manage, maintain or improve the harbour. Content of closure order 17B 1 A closure order must relieve the harbour authority of— a all statutory functions in respect of the harbour, or b specified statutory functions in respect of the harbour. 2 A closure order may transfer specified functions of the harbour authority to a specified body (with the body's consent). 3 A closure order must include transitional provision about the cessation of the harbour authority's functions (including provision about rights and liabilities in relation to the performance of functions before the closure order takes effect). 4 A closure order may— a permit or require the harbour authority to carry out works in respect of the harbour; b permit the Secretary of State to carry out works in respect of the harbour; c require a harbour authority to pay for works carried out under paragraph (b); d confer on the harbour authority or the Secretary of State power to acquire (whether by agreement or compulsorily) land described in the order as the site of works to be carried out under paragraph (a) or (b). Harbour closure orders: property etc 17C 1 A closure order may include provision for the transfer of property, rights and liabilities of the harbour authority. 2 In particular, a closure order may include provision— a transferring things that would otherwise not be capable of being transferred; b creating interests, rights or liabilities in relation to things transferred or in connection with a transfer; c for enforcement of rights or liabilities (whether transferred or created by the order); d about the transfer of rights and liabilities in relation to employment (including provision for deemed continuity); e about pension schemes (including provision for amending schemes, winding them up, transferring their administration, and saving rights existing before a transfer takes effect); f terminating appointments; g for compensation for loss of employment (or office). 3 A closure order may include provision— a extinguishing liabilities to the Secretary of State; b about the winding up of the harbour authority's affairs; c about the winding up of any company wholly owned by the harbour authority; d about the dissolution of the harbour authority. 4 A provision of a closure order transferring property, rights or liabilities may— a make the transfer subject to a condition (such as the grant of an interest in favour of a third party), and b include provision about the effect of failure to comply with the condition. 5 Provision under this section may confer a function on the Secretary of State. Harbour closure orders: procedure 17D 1 Part 1 of Schedule 3 has effect in relation to closure orders as in relation to harbour revision orders. 2 In relation to closure orders made otherwise than on the application of the harbour authority Part 1 of Schedule 3 has effect with any necessary modifications, in particular— a ignore paragraphs 3, 4A, 4B(2), 4C(2), 5(2), 6(2)(a) and (c), (3) and (4), 7, 8A, 9, 10(6) to (8), 13 and 14, b treat a reference to the applicant as a reference to the Secretary of State, c treat a reference to the application for an order as a reference to the proposal to make an order, d treat a reference to being notified of a proposed application as a reference to proposing to make an order, ... e paragraph 4B applies as if for sub-paragraph (1) there were substituted— 1 The Secretary of State must make a screening decision in respect of the proposed order— a as soon as possible, and b in any event within the period of 90 days beginning with the day on which the Secretary of State has all of the information needed to make the decision. , f paragraph 8 applies if the Secretary of State decides that the order would relate to a project which requires an environment impact assessment, in which case— i the Secretary of State, having consulted bodies with environmental responsibilities, must arrange for the preparation of an environmental statement by competent experts, ii the environmental statement must include the information specified in sub-paragraphs (2)(b) and (3) (and may include other information), iii the environmental statement must take into account the results of any relevant environmental assessment which are reasonably available to the Secretary of State, and iv the environmental statement must include a statement setting out the relevant expertise or qualifications of the experts who prepared the environmental statement, g where paragraph 8 applies, treat a reference to an environmental statement supplied under paragraph 8(1)(a) as a reference to the environment statement prepared on behalf of the Secretary of State, and h paragraph 10ZA applies if the Secretary of State decides that the order would relate to a project which requires an environmental impact assessment, in which case, treat a reference to the notice received under paragraph 10(6) as a reference to the notice published under paragraph 10(1). 3 Section 44 applies in relation to closure orders as in relation to harbour revision orders. Harbour closure orders: devolution 17E 1 In relation to harbours that are wholly in Wales, other than reserved trust ports — a the power to make closure orders vests in the Welsh Ministers, and b a reference in this group of sections to the Secretary of State is to be treated as a reference to the Welsh Ministers. 1A Before making a closure order that transfers functions to a harbour authority for a harbour that is wholly or partly in England or a reserved trust port, the Welsh Ministers must obtain the consent of the Secretary of State. 2 In relation to harbours in Scotland— a the power to make closure orders vests in the Scottish Ministers, b a reference in this group of sections to the Secretary of State is to be treated as a reference to the Scottish Ministers, and c the reference in section 17D(1) to Schedule 3 is a reference to that Schedule as it has effect in relation to Scotland. Supplemental 17F 1 A closure order may include incidental, consequential, transitional or saving provisions. 2 In particular, a closure order— a may amend, repeal or revoke an enactment of local application, and b may disapply or modify the application of any other enactment. 3 A closure order— a may make provision generally or only for specified purposes, and b may make different provision for different purposes. Harbour Reorganisation Schemes Harbour reorganisation schemes. 18 1 With a view to securing the efficient and economical development of a group of harbours each of which is being improved, maintained or managed by a harbour authority in the exercise and performance of statutory powers and duties, a scheme (in this Act referred to as a “harbour reorganisation scheme”) with respect to the group, providing for all or any of the matters mentioned in subsection (2) below, may be submitted to the Minister . . . by all or any of the authorities who between them are engaged, in the exercise and performance of statutory powers and duties, in improving, maintaining or managing the several harbours comprised in the group (hereafter in this section referred to as “ the relevant authorities ”). 1A If the Secretary of State is of opinion that, with a view to securing the efficient and economical development of any such group of harbours as is mentioned in subsection (1) of this section, a harbour reorganisation scheme ought to be made providing for all or any of the matters for which provision may be made by such a scheme, he may by order make a harbour reorganisation scheme providing for those matters. 2 The said matters are the following, that is to say,— a transferring powers or duties conferred or imposed by a statutory provision of local application on any of the relevant authorities for the purpose of, or in connection with, the improvement, maintenance or management of a harbour comprised in the group to another of those authorities or to a body constituted by the scheme; b transferring interests of any of the relevant authorities in fixed or movable property used by them for the purposes of the harbour in question and rights or liabilities enjoyed or incurred by them for those purposes to another of those authorities or to such a body as aforesaid; c transferring powers or duties conferred or imposed by a statutory provision of local application on any of the relevant authorities (other than powers or duties falling within paragraph (a) above), or powers or duties so conferred or imposed in relation to a harbour comprised in the group on a local lighthouse authority who are not one of the relevant authorities, to another person (whether one of those authorities or not) or to such a body as aforesaid; d transferring interests of any of the relevant authorities or of a local lighthouse authority in fixed or movable property used by them for the purposes of, or in connection with, the exercise or performance of any powers or duties transferred by a provision of the scheme having effect by virtue of paragraph (c) above to the person to whom the powers or duties are transferred, and transferring to that person rights or liabilities enjoyed or incurred by the authority from whom the powers or duties are transferred in, or in connection with, the exercise or performance of the transferred powers or duties; e transferring to any of the relevant authorities or to a body constituted by the scheme interests of a person in fixed or movable property used by him for carrying out harbour operations at a harbour that is comprised in the group or is adjacent to any of the harbours so comprised, not being a person engaged in improving, maintaining or managing that harbour in the exercise and performance of statutory powers and duties; f transferring to the service of a person or body to whom any powers, duties, interests, rights or liabilities are transferred by a provision of the scheme having effect by virtue of any of the foregoing paragraphs officers or servants employed by the person from whom the powers, duties, interests, rights or liabilities are transferred; g dissolving any body of constables maintained by any of the relevant authorities, and transferring— i the members of that body to another such body or bodies (whether or not maintained by another or other of those authorities or by a body constituted by the scheme); ii property, rights or liabilities vested for the purposes of the dissolved body in the authority by whom it was maintained to an authority by whom is or is to be maintained a body of constables to which any of the members of the dissolved body are transferred; h preserving (with or without adjustment) or otherwise securing the rights, as respects pensions, gratuities or other like benefits, of persons transferred by the scheme and their spouses , civil partners and dependents and of persons who are determined in accordance with the scheme to be such as would have been transferred thereby had they been serving when it comes into operation and their spouses , civil partners and dependents; i making such provision as appears to the Minister necessary of expedient for rendering of full effect any provision of the scheme having effect by virtue of any of the foregoing paragraphs and such other supplementary, consequential or incidental provision as appears to him necessary or expedient for any of the purposes of the scheme, including, but without prejudice to the generality of the foregoing words, provision for repealing or amending any statutory provision of local application affecting the group or any of the harbours comprised therein. 3 Where a harbour reorganisation scheme provides for transferring interests in land, there must, in the case of each parcel of land interests in which are proposed to be transferred, be annexed to the scheme a map of a scale not less than 1:2500 on which the boundaries of that parcel are plainly delineated. 4 The provisions of Schedule 4 to this Act shall have effect as follows with respect to the procedure for confirming and making harbour reorganisation schemes— a Part I of that Schedule shall have effect with respect to the procedure for confirming schemes submitted to the Secretary of State; b Part 1 of that Schedule shall, subject to the modifications specified in Part II thereof, have effect with respect to the procedure for the making of schemes by the Secretary of State of his own motion; and a harbour reorganisation scheme as confirmed or made by the Secretary of State shall be subject to special parliamentary procedure . 5 The Minister shall not confirm or make a harbour reorganisation scheme containing such provision as is authorised by subsection (2)(e) above unless it also includes provision for the payment of compensation in respect of the transfer of the interests in question. 6 The Minister shall not confirm or make a harbour reorganisation scheme if any harbour comprised in the group to which the scheme relates is a fishery harbour or marine work. 7 If at any time it appears to the Minister that any such provision of a harbour reorganisation scheme having effect by virtue of subsection (2)(h) above as adjusts the rights of a person operates or is likely to operate so as to put that person in a worse position than he would have been in had the provision not been included in the scheme, he may by order amend the scheme in such manner as appears to him to secure that that person is or will be in no such worse position. Compensation for Loss of Office, &c. Compensation for loss of office, &c., in consequence of orders and schemes under foregoing provisions. 19 1 The Minister shall by regulations make provision requiring such person or body, being a person or body subject to any of the provisions of a harbour reorganisation scheme, as may be determined by or under the regulations to pay, subject to such exceptions or conditions as may be prescribed by the regulations, compensation to, or in respect of, persons who are or, but for any national service of theirs would be, the holders of any such situation, place or employment as may be so prescribed and suffer loss of employment or loss or diminution of emoluments or pension rights in consequence of any of the provisions of the scheme. 2 Where it is proposed to make a harbour revision order or a harbour empowerment order, the Minister of the Crown by whom the order is to be made shall consider whether any person, who is, or but for any national service of his would be, holder of any situation, place or employment with a person or body subject to any of the provisions of the order, might if the order were made, suffer any loss of employment or loss or diminution of emoluments or pension rights in consequence of any of the provisions of the order; and if it appears to that Minister that such a person who is or would be the holder of such a situation, place or employment might suffer any such loss or diminution in consequence as aforesaid and that, if he does, compensation should be paid in respect thereof, that Minister shall not make the order unless he is satisfied that it secures that there will be paid to or in respect of that person, if he suffers any such loss or diminution in consequence as aforesaid, compensation corresponding, as near as may be, to that payable by virtue of regulations made under subsection (1) of this section to or in respect of the holder in similar circumstances of a similar situation, place or employment, in respect of similar loss or diminution suffered in consequence of any of the provisions of a harbour reorganisation scheme. 3 Different regulations may be made under subsection (1) of this section in relation to different classes of persons, and any such regulations may be so framed as to have effect from a date earlier than that on which they are made, so however that so much of any regulations as provides that any provision thereof is to have effect from a date earlier than that on which they are made shall not place any person other than a harbour authority in a worse position than he would have been in if the regulations had been so framed as to have effect only as from the date on which they are made. 4 Regulations made under subsection (1) of this section may include provision as to the manner in which, and the person to whom, any claim to compensation is to be made, and for the determination of all questions arising under the regulations. 5 In this section “ national service ” means any such service in any of Her Majesty’s forces or other employment (whether or not in the service of Her Majesty) as may be prescribed by regulations under subsection (1) of this section. Control of Movement of Ships in Harbours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Harbour Charges Repeal of provisions limiting discretion of certain harbour authorities as to ship, passenger and goods dues charged by them. 26 1 Subject to the following provisions of this Act, any statutory provision made with respect to a particular harbour authority shall cease to have effect in so far as (otherwise than by way of expressly providing for freedom from dues or in any other manner prohibiting the levying of a due) it limits the discretion of the authority as to the ship, passenger and goods dues chargeable by them at a harbour which, in the exercise and performance of statutory powers and duties, they are engaged in improving, maintaining or managing (whether by specifying, or providing for specifying, the dues to be levied, or fixing or providing for fixing, dues, or otherwise). 2 Subject to the following provisions of this Act and to any such statutory provision made with respect to them in particular as expressly provides for freedom from dues or in any other manner prohibits the levying of a due, a harbour authority shall have power to demand, take and recover such ship, passenger and goods dues as they think fit at such a harbour as aforesaid. 3 Any such provision of the Harbours, Docks and Piers Clauses Act 1847 as incorporated in a statutory provision made with respect to a harbour authority as refers to rates shall, with any necessary modifications, apply to charges imposed by virtue of this section by that authority as if they were rates payable under a statutory provision made with respect to them, and any such enactment of a statutory provision made with respect to a harbour authority as refers (in whatever terms) to charges payable to them under a statutory provision made with respect to them or to charges so payable of a specified class shall (in so far as it does not cease to have effect by virtue of subsection (1) of this section) apply with any necessary modifications to charges imposed by that authority by virtue of this section or, as the case may be, to charges so imposed of that class as if they were charges so payable or, as the case may be, charges so payable of that class. 4 Any ship, passenger and goods dues in force immediately before this section comes into operation which are exigible by a harbour authority at a harbour which, in the exercise and performance of statutory powers and duties, they are engaged in improving, maintaining or managing, being dues imposed or deemed to have been imposed by or by virtue of a statutory provision made with respect to the authority, shall be deemed to have been imposed by virtue of this section. 5 In this section “ harbour authority ” does not include— a any of the Boards or Canal & River Trust ; b a person carrying on an inland waterway undertaking to which provisions of section 43 of the Transport Act 1962 apply by virtue of section 52(2) of that Act; c a person carrying on an undertaking all or any of the charges of which are, under the statutory provisions relating to the undertaking, subject to revision by the Minister and some other Minister acting together; and “ statutory provision ” includes an order made under Regulation 56 of the Defence (General) Regulations 1939 or under an order confirmed by the Minister of Agriculture and Fisheries or the Minister of Agriculture, Fisheries and Food in pursuance of section 2(3)(2) of the Fishery Harbours Act 1915. Certain charges of certain harbour authorities to be reasonable. 27 1 In place of any limitation imposed, by a statutory provision made with respect to them in particular, on the discretion of a harbour authority as to charges (of any kind other than excepted charges) that may be made by them at a harbour which, in the exercise and performance of statutory powers and duties, they are engaged in improving, maintaining or managing (not being a limitation by way of expressly providing for freedom from charges or in any other manner prohibiting the making of a charge or by way of providing, by what form of words soever, that the charges shall be such as may be reasonable), there shall, by virtue of this subsection, be imposed the limitation that the charges shall be such as may be reasonable. 2 For the purposes of the foregoing subsection the following shall be excepted charges, namely,— a ship, passenger and goods dues; b charges ascribable to the running of a ferry service in or from a harbour; c contributions which, by virtue of a provision included in an order section 28 of the Salmon and Freshwater Fisheries Act 1975 by virtue of paragraph 1(a) of Schedule 3 to that Act under section 142 of the Water Resources Act 1991 , fall to be assessed on several fisheries or the owners or occupiers thereof; d duties on licences granted under section 25 of the said Act of 1975 to fish; e charges in respect of licences under the Water Resources Act 1963 Chapter II of Part II of the Water Resources Act 1991 to abstract water or in respect of water authorised by such licences to be abstracted. 3 In this section “ harbour authority ” has the same meaning as in the last foregoing section. Combined charges. 27A 1 Where a harbour authority have power, whether by virtue of section 26 of this Act or any other statutory provision— a to levy ship, passenger and goods dues or equivalent dues; and b to make other charges, the authority may, subject to the next following subsection, make a combined charge, that is to say, a single charge referable in part to matters for which ship, passenger and goods dues or equivalent dues may be levied and in part to matters for which other charges may be made. 2 A harbour authority may not make a combined charge in any case where— a the person who would be liable to pay the charge objects to paying a combined charge; or b a number of persons would be jointly and severally liable to pay the charge and any of them objects to paying a combined charge: but without prejudice to the power of the authority to make separate charges in such a case. 3 A person may not object under subsection (2) above to the payment of a combined charge previously incurred or incurred in pursuance of a prior agreement between that person and the harbour authority. 4 In this section “ equivalent dues ” means dues exigible in respect of things other than ships for entering, using or leaving a harbour, including charges for marking or lighting the harbour. Repeal of provisions limiting discretion of nationalised transport bodies as to ship, passenger and merchandise dues chargeable at certain harbours owned or managed by them. 28 Schedule 9 to the Transport Act 1962 shall cease to have effect in so far as it limits the discretion of the Boards as to the ship, passenger and merchandise dues chargeable by them at the harbours specified in that Schedule. Repeal of provisions limiting discretion of local lighthouse authorities as to local light dues. 29 1 . . . Any . . . statutory provision made with respect to a local lighthouse authority shall, . . ., cease to have effect in so far as it limits the discretion of the authority as to the charges to be made by them. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Any dues fixed by virtue of the said section 655(1) or by virtue of any other statutory provision, being dues that are in force immediately before the coming into operation of this section and are to be paid to a local lighthouse authority who are not a harbour authority, shall, so far as they could be imposed by virtue of this section, be deemed to have been so imposed. Duty of harbour and local lighthouse authorities to make available for inspection, and to keep for sale, copies of lists of certain charges. 30 1 A list showing the ship, passenger and goods dues for the time being exigible— a by virtue of section 26 of this Act by a harbour authority at a harbour which, in the exercise and performance of statutory powers and duties, they are engaged in improving, maintaining or managing; ... b by virtue of section 43 of the Transport Act 1962 by any of the Boards at a harbour which, in the exercise and performance of statutory powers and duties, that Board are engaged in improving, maintaining or managing, except where the Board in question are . . . . . . the British Waterways Board and the harbour in question is not specified in Schedule 9 to that Act; or c by virtue of section 43 of the Transport Act 1962 by Canal & River Trust at a harbour specified in Schedule 9 to that Act; shall be kept at the harbour office and shall be open there during reasonable hours for inspection by any person without charge, and copies of the list shall be kept for sale at that office at a price not exceeding 5p for each copy. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 No ship, passenger or goods due exigible as mentioned in paragraph (a), (b) or (c) of subsection (1) above shall be levied by, as the case may be the harbour authority or Board concerned or by Canal & River Trust if, at the time at which it is exigible, the authority or Board or Canal & River Trust are in default in compliance with the requirement of subsection (1) of this section with respect to the keeping of a list of dues at the harbour office or the due is not shown in the list kept there at that time in compliance with that requirement; . . . 4 A copy of a list which, in pursuance of subsection (1) of this section, is for the time being kept by a harbour authority . . . at the office of a harbour which is not a fishery harbour or marine work . . . or, in pursuance of subsection (2) of this section, is for the time being kept by a local lighthouse authority at their office, shall be supplied by them to the Secretary of State without charge; a copy of a list which, in pursuance of the said subsection (1), is for the time being kept by a harbour authority at the office of a fishery harbour shall be supplied by them to the Minister of Agriculture, Fisheries and Food or, if the fishery harbour is in Wales, to the Secretary of State without charge; and a copy of a list which, in pursuance of the said subsection (1), is for the time being kept by a harbour authority at the office of a harbour which is a marine work shall be supplied by them to the Secretary of State without charge. 5 Subsection (1) of this section does not apply to combined charges within the meaning of section 27A of this Act. 6 References in this section to the dues or charges exigible by an authority or Board or by Canal & River Trust, are references to the amount exigible where no composition agreement applies and no specially agreed rebate is allowed. Right of objection to ship, passenger and goods dues. 31 1 Subject to the following provisions of this Act, charges to which this section applies are ship, passenger and goods dues other than combined charges within the meaning of section 27A of this Act; and references in this section to the rate at which any such charge is imposed are to the amount where no composition agreement applies and no specially agreed rebate is allowed . 2 Subject to subsections (10) to (12) below . . . the provisions of subsections (3) to (6) below shall have effect where written objection to a charge to which this section applies imposed by a harbour authority at a harbour which, in the exercise and performance of statutory powers and duties, they are engaged in improving, maintaining or managing, is lodged with the Secretary of State by— a a person appearing to him to have a substantial interest; or b a body representative of persons so appearing; and the objection is expressed to be made on all or any of the following grounds, namely,— i that the charge ought not to be imposed at all; ii that the charge ought to be imposed at a rate lower than that at which it is imposed; iii that, according to the circumstances of the case, ships, passengers or goods of a class specified in the objection ought to be excluded from the scope of the charge either generally or in circumstances so specified; iv that, according to the circumstances of the case, the charge ought to be imposed, either generally or in circumstances specified in the objection, on ships, passengers or goods of a class so specified at a rate lower than that at which it is imposed on others. 3 The Secretary of State shall, forthwith after the objection is lodged, send a copy thereof to the authority and shall give notice to the objector that, as a condition precedent to the taking by the Secretary of State of further steps in the matter of the objection, he must publish in specified newspapers a notice (which, if a form therefor is specified, must be in that form)— a stating that he has lodged with him an objection to the charge (and specifying the ground or grounds on which it is expressed to be made); and b stating that any such person or body as the following who desires to make to the Secretary of State representations in the matter, that is to say, a person having a substantial interest and a body representative of persons who have such an interest, should do so in writing within the time specified in the notice (which shall not be less than forty-two days from the publication or first publication thereof). 4 Where the proper notice concerning the objection has been duly published, then so soon as practicable after the expiration of the time therein specified (but subject to the next following subsection), the Secretary of State shall, unless the objection has been withdrawn before the expiration of that time and no written representations in the matter have been made to him by any such person or body as is mentioned in subsection (3)(b) above before the expiration of that time, proceed to consideration of the charge and any representations made and, unless he is satisfied that he can properly proceed to a decision in the matter without causing an inquiry to be held with respect to it, shall cause an inquiry to be so held. 5 Where written representations are made as mentioned in subsection (4) above, the Secretary of State shall send copies thereof to the authority and (except where the objection has been withdrawn) to the objector, and shall not proceed to consideration of the charge until such period for consideration of, and comment upon, the representations by the authority and by the objector (if the objection has not been withdrawn) as the Secretary of State thinks reasonable has elapsed. 6 the Secretary of State , after effect has been given to subsection (4) above, shall either— a approve the charge but set a limit (not being later than the expiration of twelve months from the date on which he approves it to the period during which the approval is to be of effect, and give to the authority written notice that he has approved it , stating the limit set; or b give to the authority such direction with respect to the charge as would meet objection thereto made on any of the grounds specified in subsection (2) above (whether that is or is not the ground, or is or is not included amongst the grounds, on which the objection whose lodging gives rise to the proceedings is expressed to be made). 7 A direction given under the last foregoing subsection to an authority must be in writing and must specify a date for its coming into operation and the period from that date (which shall not exceed twelve months) during which it is to have effect, and the authority shall comply with it. 8 If a harbour authority fail to comply with an obligation to which they are subject by virtue of the last foregoing subsection, they shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 4 on the standard scale . 9 Forthwith after complying on any occasion with subsection (6) above, the Secretary of State shall publish, in the newspapers in which was published notice of the lodging of the objection the lodging whereof gave rise to the proceedings that resulted in the compliance on that occasion, the notice or direction given by him to the harbour authority concerned. 10 Where, by virtue of this section, a charge imposed at a harbour is approved, subsections (3) to (6) above shall not have effect by virtue of the lodging of a further objection thereto during the period during which the approval is of effect; and where, by virtue of this section, a direction is given with respect to a charge so imposed, the said subsections shall not have effect by virtue of the lodging of a further objection to that charge during the period during which the direction has effect or of the lodging, during that period, of an objection to a charge that has come into existence by virtue of the direction. 11 Where effect to subsections (3) to (5) above is in course of being given in consequence of the lodging with the Secretary of State of an objection to a charge and a further objection to that charge is lodged with the Secretary of State subsections (3) to (6) above shall not have effect by virtue of the lodging of that further objection. 12 If it appears to the Secretary of State that the Sea Fish Industry Authority are, or may be, concerned with a charge, the Secretary of State shall not give effect to subsection (6) above in relation to that charge without having consulted the Authority . 13 In relation to charges to which this section applies imposed by a harbour authority at a fishery harbour which, in the exercise and performance of statutory powers and duties, they are engaged in improving, maintaining or managing, the foregoing provisions of this section shall have effect with the substitution, for references to the Secretary of State , of references to the Minister of Agriculture, Fisheries and Food, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 36 Sections 31 . . . of this Act shall not apply to charges— a imposed by . . . . . . the British Waterways Board or Canal & River Trust at a harbour not specified in Schedule 9 to the Transport Act 1962; b imposed at a harbour owned or managed by a person carrying on an inland waterway undertaking to which provisions of section 43 of that Act apply by virtue of section 52(2) thereof; or c imposed at a harbour owned or managed by a person carrying on an undertaking all or any of the charges of which are, under the statutory provisions relating to the undertaking, subject to revision by the Minister and some other Minister acting together or by the Scottish Ministers . Special provisions with respect to certain aviation charges. 37 Section 26(2) of this Act and subsection (3) of section 43 of the Transport Act 1962 (as enacted in that section and as applied by section 52(2) of that Act) shall, so far as regards charges regulated by any such provision of an Order in Council under section 60