Commentary on Sections Harbour Authorities Section 5: Harbour directions
18.This section amends the Harbours Act 1964 and inserts new sections 40A to 40D.
19.New section 40A (Directions) provides that the appropriate national authority may by order designate harbour authorities which may give harbour directions to ships within, entering or leaving their harbour. Harbour directions may relate to the movement of ships, their mooring or unmooring, their equipment and their manning. Those subject matters enable a designated harbour authority to regulate safety and environmental protection in the harbour. The appropriate national authority in this context is the Scottish Ministers in respect of a harbour in Scotland, the Welsh Ministers in respect of a fishery harbour in Wales and the Secretary of State in respect of any other harbour in England and Wales. In England and Wales, the regulation making power is subject to the negative resolution scrutiny procedure.
20.New section 40B (Procedure) governs the procedure applicable to harbour directions. A harbour authority must consult users and publicise a harbour direction before the direction is given, and publicise the fact that it has been given. There is also provision for the inspection of harbour directions and the provision of copies.
21.New section 40C (Enforcement) creates an offence where a master of a ship fails to ensure compliance with harbour directions without reasonable excuse. This is punishable on summary conviction by a fine not exceeding level 4 on the standard scale (currently £2500).