Statutory Instrument 1999 No. 2029

The Dockyard Port of Plymouth Order 1999

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STATUTORY INSTRUMENTS

1999 No. 2029
HARBOURS, DOCKS, PIERS AND FERRIES
The Dockyard Port of Plymouth Order 1999

	Made	21st July 1999
	Laid before Parliament	29th July 1999
	Coming into Force	31st August 1999

At the Court at Buckingham Palace, the 21st day of July 1999
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, in pursuance of sections 3, 5, 6 and 7 of the Dockyard Ports Regulation Act 1865[1] and, in so far as section 7 of the Act is concerned, on the joint recommendation of the Secretary of State for Defence and the Secretary of State for Environment Transport and the Regions, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

Citation and commencement
1. This Order may be cited as the Dockyard Port of Plymouth Order 1999 and shall come into force on 31st August 1999.

Interpretation
2. In this Order unless the context otherwise requires:

"the Act" means the Dockyard Ports Regulation Act 1865;

"aircraft" means any fixed or rotary wing, powered, or unpowered, vehicle capable of flight or any parachute, canopy, balloon or airship;

"auxiliary" means a government vessel operating in support of naval and military forces;

"BCH Code" means the 1990 edition of IMO Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk;

"bell" means any vessel's bell complying with Annex III of the Collision Regulations;

"Collision Regulations" means the regulations for the time being in force made pursuant to sections 85 and 86 of the Merchant Shipping Act 1995[

"Crown Establishment" shall mean any land or property which is owned or occupied by the Crown;

"channel" - all references to deep water channel, main channel and channel for deep draught vessel shall be as shown on current Admiralty charts;

"Dockyard Port" means the Dockyard Port of Plymouth as it is described in Article 3 hereof;

"flashing light" means, except in Rule 4(4) of Schedule 2 to this Order, a light flashing at regular intervals at a frequency of 120 flashes or more per minute;

"Foreign warship" means a vessel authorised to fly the naval ensign of a foreign state;

"IBC Code" means the 1994 edition of the International Bulk Chemical Code published by the IMO;

"IMDG Code" means the 1994 edition of the International Maritime Dangerous Goods Code published by the IMO;

"IMO" means the International Maritime Organisation;

"International Gas Carrier Code" means the 1983 edition of the Code for the Construction and Equipment of Ships Carrying Liquefied Gases in bulk published by the IMO;

"International Gas Carrier Code for Existing Ships" means the 1976 edition of Code for Existing ships carrying Liquefied Gases in Bulk, as amended, published by the IMO;

"local Harbour or Docks Authority" means those Authorities for the time being empowered and having responsibility for the Cattewater Harbour, the Sutton Harbour and the Millbay Docks, being at the time of the making of this Order, the Cattewater Commissioners, the Sutton Harbour Improvement Company and the Associated British Ports Board respectively;

"master" means the person having command or charge of a vessel for the time being;

"Naval Base" means the land occupied by Her Majesty's Navy and their operator lessees and known from time to time as HM Naval Base Devonport (including the buildings from time to time erected thereon, the basins, quays and docks therein and the Operator Leased and Licensed Areas);

"navigating within the Dockyard Port" excludes navigating within non-tidal basins;

"parascending" means an activity whereby a parachute is towed by cable in such a manner as to cause it to ascend until it is airborne;

"power-driven vessel" includes any vessel propelled by machinery;

"prolonged blast" means a blast of from four to six seconds duration;

"Queen's Harbour Master" means the person for the time being appointed under the Act to be Queen's Harbour Master for the Dockyard Port and any person having authority to act as Queen's Harbour Master;

"Radioactive substance" means any substance of Class 7 of the 1994 edition of the International Maritime Dangerous Goods Code published by the IMO;

"short blast" means a blast of about one second's duration;

"underway" in relation to a vessel means a vessel not at anchor, or made fast to the shore or seabed, or aground;

"vessel" includes every description of water craft, seaplanes, or floating structure including all non-displacement craft, personal water craft, sailboards, used or capable of being used as a means of transportation on water; towed targets and other floating targets; any of Her Majesty's vessels; and vessels in the charge of Her Majesty's Officers except where otherwise provided;

"whistle" means any vessel's whistle or siren complying with Annex III of the Collision Regulations.

Description of limits
     3. For the purposes of the Act and of this Order the limits of the Dockyard Port of Plymouth shall be the waters including all the bays, creeks, lakes, pools and rivers, so far as the tide flows, to the northward of a line starting at a point on the shore due south (true) of the ruined chapel on Rame Head and proceeding in a south-easterly direction to a point 175° (true) 1.25 nautical miles from Rame Church, thence in a north-easterly direction to the Shag Stone and thence due east (true) to the shore.

Delineation of limits
     4. The limits of the Dockyard Port are drawn on the chart annexed to this Order.

Regulations and Rules
     5. The Regulations contained in Schedule 1 hereto and the Rules contained in Schedule 2 hereto shall have effect within the limits (as described in Article 3 hereof) of the Dockyard Port, and if any inconsistency shall arise between the said Rules and the Collision Regulations the said Rules shall prevail.

Penalties
     6. - (1) The master of every merchant or private vessel shall observe and cause to be observed the Regulations contained in Schedule 1 hereto, so far as they relate to his vessel, and any such master or any other person who -

(a) infringes any provision of those Regulations,

(b) fails to cause the same to be observed,

(c) fails to observe any direction given under those Regulations,

(d) fails to comply with any condition or direction attached to a licence or permission granted under those Regulations; or

(e) fails to comply with any notice issued under those Regulations

is guilty of an offence and shall for every such offence be liable to a fine not exceeding level 3 on the standard scale.

(2) The master of every merchant or private vessel shall comply with the Rules contained in Schedule 2 hereto and any such master, who by his wilful default infringes any of the said Rules shall in respect of each offence be liable to the same penalties as if the offence had been an infringement of the Collision Regulations.

Revocation
7. The Dockyard Port of Plymouth Order 1984[4] is hereby revoked.

A. K. Galloway,
Clerk of the Privy Council.

SCHEDULE 1Article 5

PART I
REGULATIONS OF GENERAL APPLICATION
General
     1. - (1) The master of every merchant or private vessel or any other person within the limits of the Dockyard Port shall comply with any directions given by the Queen's Harbour Master for the purposes of the proper protection of the Port, Her Majesty's vessels, dockyards, or property, or for the requirements of Her Majesty's Naval Service.

    (2) The master of every merchant or private vessel or any other person within the limits of the Dockyard Port to whom any licence or permission has been granted by the Queen's Harbour Master in accordance with the provisions of the Act, these Regulations or the rules contained in Schedule 2, shall comply with any directions or conditions attached thereto.

    (3) the Queen's Harbour Master may attach such conditions or directions to any such licence or permission as he considers necessary.

Control of movements within the Dockyard Port
     2. - (1) The Queen's Harbour Master shall, in the discharge of the provisions of Schedules 1 and 2 of this Order in relation to commercial shipping traffic, and subject to any operational requirement connected with national defence, have regard to the functions and responsibilities of the local Harbour or Docks Authority.

    (2) The Queen's Harbour Master may, as necessary, require the owner, master or agent of any vessel of and above 20 metres in length, to notify him of the times of prospective arrivals and departures of such a vessel within the Dockyard Port over a specified period, including any subsequent amendments thereto.

    (3) Vessels of more than 20 metres overall length shall enter or leave the Dockyard Port under the direction of the Queen's Harbour Master.

    (4) The master of any vessel shall comply with any requirements of the Queen's Harbour Master to change the time of arrival or sailing of a vessel in order to ensure the safe navigation of that or other vessels within the Dockyard Port.

Shipkeepers
     3. No merchant or other private vessel of above ten metres in length, compelled or allowed to anchor in or near any of the navigable channels of the Dockyard Port, shall be left at any time without a shipkeeper.

Special navigation regulations
     4. No merchant or other private vessel shall navigate -

Fishing
5. - (1) Any person fishing in the Dockyard Port shall comply with any directions given to him by the Queen's Harbour Master.

(2) No fishing from any vessel or by persons swimming under the water shall be carried out either within -

save with the licence in writing of the Queen's Harbour Master.

(3) No fishing shall at any time be carried out either -

(4) In any area in which anchorage is prohibited under Regulation 22 there shall be no -

carried out from vessels in the said area.

(5) All lines used in connection with lobster or crab pots or similar devices shall be non-buoyant, and where any line of pots is less than 100 metres in length, only one end need be clearly marked, such mark indicating the identity of the owner of the said pots.

(6) in the navigable channels of the Rivers Plym, Tamar, Tavy and Lynher and of Millbrook and Saint John's Lakes netting of fish may take place only if -

Diving
6. No person who is wearing or equipped with clothing or apparatus designed or adapted for swimming under water or diving shall swim under water or dive within -

save with the permission of the Queen's Harbour Master.

Swimming
7. No person shall swim on the surface or underwater within -

save with the permission of the Queen's Harbour Master.

Parascending and similar activities
     8. No person shall engage or take part in parascending or other activity involving the towing of a kite or other thing, from a vehicle on land or water, in such a manner as to cause it to ascend until it is airborne in any part of the Dockyard Port save with permission of the Queen's Harbour Master.

Firearms, weapons and explosives
     9. - (1) Save as provided by paragraph (3) below, no firearm, air-gun or explosive shall be discharged from any merchant or other private vessel within the limits of the Dockyard Port.

    (2) No ship's gun on board any merchant or other private vessel lying within the limits of the Dockyard Port shall be loaded, except in so far as may be necessary from time to time for training personnel in the loading and unloading of the equipment or for testing its mechanism, nor shall any such gun be discharged except as a signal of distress.

    (3) Race starting pistols, cannons and guns may be discharged for the sole purpose of controlling water based racing activities provided that blank ammunition rounds only are fired.

Dumping of rubbish, etc
     10. Save with the licence in writing of the Queen's Harbour Master no person shall unload, cast or allow to fall into the water of the Dockyard Port, or on the shore of the Dockyard Port where the same may be able to fall into or to be washed into the said waters, any ballast, stones, earth, clay, refuse, or any other substance or object.

Reserved and recreational areas
     11. - (1) The Secretary of State or the Queen's Harbour Master may, where he considers it necessary to reserve any area for mining, gunnery or dredging operations or experiments, or other naval purposes, or to ensure the safe navigation of other vessels both naval and civilian, issue a general or local notice, which shall continue in force until 31 December of the year in which it was issued, unless revoked earlier, prohibiting any person from -

Use of whistle
12. A whistle shall not be used within the limits of the Dockyard Port except -

Anchoring and mooring

General
     13. Without prejudice to Regulation 1, all anchoring and mooring shall be subject to any directions of the Queen's Harbour Master.

Moorings for Her Majesty's vessels, etc
     14. Moorings for Her Majesty's vessels, buoys, lights, marks, mark buoys and other aids to navigation, and such other buoys as may be required for any purpose in connection with naval, military or air force operations, may be placed by the Queen's Harbour Master in such positions as may be considered necessary for the requirements of Her Majesty's Service.

Private moorings
     15. - (1) This Regulation shall apply to:

    (2) No person shall in an area to which this Regulation applies lay moorings for merchant or other private vessels, hulks, rafts, pontoons, bathing stages, racing marks, house boats, timber or any floating structures in the Dockyard Port, save with the licence in writing of the Queen's Harbour Master, and all such moorings shall be in such positions as the Queen's Harbour Master shall deem fit.

     16. Any moorings anywhere within the Dockyard Port shall be removed forthwith on the order of the Queen's Harbour Master.

     17. The local Harbour or Docks Authority shall inform the Queen's Harbour Master of any proposals for altering the mooring arrangements in those areas within its jurisdiction.

Clearing anchors and moorings
     18. If at any time the anchor of any merchant or other private vessel hooks any Crown moorings, or any electric cable, or moorings of buoys, or any pipe, the master of such vessel shall immediately give notice thereof to the Queen's Harbour Master and shall, if it is safe and practical, await his instructions before proceeding to clear the same.

     19. No merchant or other private vessel shall anchor on the line of any electric cable or pipe laid down in the Dockyard Port when such a line is indicated by posts or other discernible marks on shore or is shown on current Admiralty charts.

     20. No merchant or other private vessel shall -

Anchorage in Plymouth Sound
     21. - (1) The anchorage in Plymouth Sound for vessels over 7.5 metres draught shall be the area so indicated on current Admiralty charts east-north-eastward of New Grounds buoy, the position at the time of making this Order being shown on the chart annexed to this Order, and this anchorage shall be reserved for the use of Her Majesty's deep-draught naval vessels, and those commercial vessels with a draught of over 7.5 metres.

    (2) Vessels of under 7.5 metres draught shall anchor in the area south-eastward of a straight line joining Fort Picklecombe and Mount Batten Tower, save in the prohibited anchorage covering the approach to Smeaton Pass.

    (3) The anchorage for vessels in quarantine shall be the southern part of Jennycliff Bay south of 50°21'.00 North and eastward of the deep water channel.

     22. Unless otherwise notified by the Queen's Harbour Master in a general or local Notice to Mariners no merchant or other private vessel shall anchor in -

    (1) any area within the Dockyard Port shown as a prohibited anchorage on current Admiralty charts;

    (2) any of the following areas shown on current Admiralty charts -

23. - (1) No vessels carrying explosives, save for those exempted by Regulation 33(2)(a) to (g) of the 1987 Regulations, shall anchor or moor within the Dockyard Port except in the following locations shown on current Admiralty charts:

(2) No merchant or other private vessel -

shall anchor or moor or secure alongside within the limits of the Dockyard Port save at a berth specified by the Queen's Harbour Master.

24. Where one of Her Majesty's vessels is anchored or moored in the Dockyard Port and displaying the signals described in Rule 3(2) of Schedule 2 -

shall anchor or moor within 1,000 metres of any such of Her Majesty's vessels without prior permission of the Queen's Harbour Master.

Anchoring within the Dockyard Port
     25. If in an emergency any vessel is obliged to anchor otherwise than in accordance with these Regulations, the master of such vessel shall as soon as practicable thereafter inform the Queen's Harbour Master.

Navigational marks, etc
     26. No person shall trespass on, damage or without authority interfere with any light, beacon, sea-mark, tideboard, tidegauge, buoy, sign or notice of any description in the Dockyard Port.

Dredging for lost objects
     27. Save with the licence in writing of the Queen's Harbour Master, no person shall dredge in the Dockyard Port with drags, hooks, nets or other apparatus for property dropped or thrown therein.

Landing on Plymouth Breakwater
     28. Save with the licence in writing of the Queen's Harbour Master no person or aircraft may at any time land upon Plymouth Breakwater.

Notes:

[1] 1865 c. 125; section 6 was amended by Schedule 3 to the Criminal Justice Act 1967 (c. 80) and sections 40 and 46 of the Criminal Justice Act 1982 (c. 48) and part I of Schedule 1 to the Statute Law (repeals) Act 1993 (c. 50): Section 7 was amended by Part XIII of Schedule 1 to the Statute Law (Repeals) Act 1986 (c. 12).back

[2] 1995 c. 21; sections 85 and 86 were amended by the Merchant Shipping and Maritime Security Act 1997 (c.28), sections 8(1)-(6), 29(2) and Schedule 7.back

[3] SI 1987/37, amended by S.I. 1988/712, 1990/2605, 1990/2487, 1992/743, 1993/1746, 1994/669, 1994/241, 1994/3247, 1996/2092, 1996/2791, 1996/2095, 1997/2367 and 1998/2885.back

[4] SI 1984/1148.back



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Prepared 4 August 1999