Office of Public Sector Information
(1) The Authority may give directions (“general directions”) for the purpose of promoting or securing conditions conducive to the ease, convenience or safety of navigation in the haven, and the approaches to it.
(2) Without prejudice to the generality of subsection (1) above, general directions may be given for any of the following purposes:—
(a) for designating areas, routes or channels in the haven and the approaches to it which vessels are to use, or refrain from using, for movement or mooring;
(b) for securing that vessels move only at certain times or during certain periods;
(c) for requiring the master of a vessel to give to the harbourmaster information relating to the vessel reasonably required by the harbour-master for the purposes of this section.
(3) General directions may apply—
(a) to all vessels or to a class of vessels designated, or the designation of which is provided for, in the direction;
(b) to the whole of the haven and the approaches to it or to a part designated, or the designation of which is provided for, in the direction;
(c) at all times or at times designated, or the designation of which is provided for, in the direction;
and every direction given under this section shall specify the extent of its application in relation to the matters referred to in paragraphs (a), (b) and (c) of this subsection.
(4) The Authority may revoke or amend general directions.
(5) The Authority shall not exercise any power conferred by subsection (1) or (4) above except after consultation with—
(a) the Chamber of Shipping;
(b) the Royal Yachting Association; and
(c) the advisory committee established under section 15 (Advisory committee) of the Act of 1983.
(1) This section applies to the giving of notice of a general direction and of any amendment or revocation of such a direction.
(2) The notice shall, except in case of emergency, be published by the Authority as soon as practicable in Lloyd’s List or some other newspaper specialising in shipping news.
(3) If the notice relates to the giving or amendment of a direction, it shall state a place at which copies of the direction may be inspected and bought, and the price of such copies.
(4) In an emergency, the notice may be given in any manner the Authority consider appropriate.
(1) In addition to the directions which he may give under section 52 of the Harbours, Docks, and Piers Clauses Act 1847 (c. 27) the harbourmaster may give a direction (“a special direction”) under this section—
(a) requiring any vessel anywhere within the haven or the approaches to it to comply with a requirement made in or under a general direction;
(b) prohibiting the mooring of vessels in any particular part or parts of the haven;
(c) regulating or requiring the movement, mooring or unmooring of a vessel, regulating the manner in which a vessel takes in or discharges cargo, fuel, water or ship’s stores otherwise than at a dock or pier.
(2) A special direction may be given in any manner considered by the harbourmaster to be appropriate.
(3) The harbourmaster may revoke or amend a special direction.
The giving of a general direction or a special direction shall not diminish or in any other way affect the responsibility of the master of the vessel to which the direction is given in relation to his vessel, persons on board, its cargo or any other person or property.
The master of a vessel who fails without reasonable excuse to comply with a general direction or a special direction shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(1) Without prejudice to any other remedy available to the Authority, if a special direction is not complied with within a reasonable time, the harbourmaster may put persons aboard the vessel to carry out the direction or may otherwise cause the vessel to be handled in accordance with the direction.
(2) If there is no one on board the vessel to comply with a special direction, the harbourmaster may proceed as if the direction had been given and not complied with, but he shall not do so unless after reasonable inquiry has been made, the master cannot be found.
(3) Expenses incurred by the Authority in the exercise of the powers conferred by this section shall be recoverable by the Authority as if they were a charge of the Authority in respect of the vessel.
(1) As soon as reasonably practicable after their annual statement of accounts is prepared, the Authority—
(a) shall make available a copy of the statement for a period of three months at the offices of the Authority for inspection free of charge by members of the public; and
(b) shall, subject to the payment of a reasonable charge, supply a copy of the statement to any person who requests to be supplied with a copy.
(2) The Authority shall prepare, by way of supplement to the annual statement of accounts, a business strategy containing—
(a) general information about the Authority and its members;
(b) statements of the Authority’s key policies, its strategic objectives, and its targets for a stated period not less than the coming financial year;
(c) a statement outlining the Authority’s operations during the period covered by the statement, its operational performance and future plans;
and the business strategy shall be made available in the same way as the annual statement of accounts.
(1) Subject to subsection (2) below, the Authority may—
(a) acquire by agreement any business, undertaking or assets;
(b) subscribe for or acquire any shares, stock, debentures, debenture stock or any other security of a like nature of any body corporate;
(c) form and promote, or join with any other person in forming and promoting a company for carrying on any function;
(d) provide loans and guarantees and make other kinds of financial provision to or in respect of companies;
(e) dispose of or discontinue the whole or any part of their undertaking acquired under this section and held for the purposes of the haven but subject to all liabilities and obligations in respect thereof to which the Authority are subject;
(f) dispose of any shares or other securities subscribed for or acquired under this section; and
(g) provide assistance (whether financial or otherwise) to any person;
and may do such other things which are calculated to facilitate, or to be conducive or incidental to, the exercise of any powers conferred by this subsection.
(2) The powers of the Authority under this section may be exercised if, and only if, in the opinion of the Authority the exercise of the powers is likely to provide economic, social, cultural or environmental benefits to all or some of the population of Pembrokeshire or any part of Pembrokeshire.
(3) The powers of the Authority under this section are additional to the powers of the Authority under section 9 of the Act of 1983 and section 37 of the Docks and Harbours Act 1966 (c. 28).
Nothing in this Act shall affect prejudicially any estate, right, power, privilege or exemption of the Crown.
On the new constitution date Part I (Constitution of Board) of and paragraphs 18 and 20 to 24 of Schedule 1 to the Act of 1983 shall be repealed.
Milford Haven Port Authority Act 2002