The Harbours, Docks and Piers Clauses Act 1847
Section 33 of the Harbours, Docks and Piers Clauses Act 1847 (c.27) (the 1847 Act), as adopted in the private legislation of harbour authorities (each harbour authority is established under its own enabling Act), provides for the "open port duty". It requires harbours, docks and piers to be open to all persons for the shipping and unshipping of goods and the embarking and landing of passengers, subject to the provisions of the 1847 Act and any subsequent Acts authorising the construction or improvement of a harbour, dock or pier and the payment of applicable rates. The open port duty prohibits harbour authorities from denying access to ports to ships physically capable of using them, but does not prevent them from regulating the terms on which such access is granted.