Surcharges Section 11: Refusal of harbour access for failure to pay surcharge
Section 11 provides that a harbour authority must refuse access to its harbour if the authority has imposed a surcharge on the operator of a service and the operator has not paid the surcharge in the form, manner and period prescribed in regulations, irrespective of whether an objection has been made under section 10. Failure to comply with this duty is an offence, punishable on summary conviction by a fine in England and Wales, or a fine not exceeding level 5 on the standard scale in Scotland and Northern Ireland.
	The duty to refuse access to a harbour is subject to any direction by the Secretary of State not to refuse access. The duty also does not apply in circumstances where a harbour authority has imposed a surcharge but must later refund this surcharge under section 6(5) because the operator subsequently provides a valid equivalence declaration that covers the period for which the surcharge was imposed.
	Subsection (4) provides exceptions where a harbour authority must not refuse access to its harbour:
in cases of force majeure;
where there are overriding safety concerns;
where there is a need to reduce or minimise the risk of pollution;
where there is a need to rectify deficiencies on the ship.
	Subsection (7) provides for regulations to make provision as to how a harbour authority is to communicate refusal of access. Subsection (8) clarifies that nothing in section 33 of the Harbours, Docks and Piers Clauses Act 1847 prevents refusal of access to a harbour under this section.