EXPLANATORY NOTE

(This note is not part of the Order)

This Order empowers the Cattewater Harbour Commissioners (“the Commissioners”) as harbour authority for Cattewater Harbour (Port of Plymouth) to extend the limits of the harbour to include the harbour premises (article 3). The illustrative plans (defined in article 3) showing the harbour limits and harbour premises may be inspected during office hours at the harbour office at 2, The Barbican, Plymouth, Devon PL1 2LR and on the harbour website (www.plymouthport.org.uk/).

This Order confers on the Commissioners and the harbour master (defined in article 2) powers of general and special direction for the regulation and management of the harbour (articles 4 to 10).

The powers of general direction are extended to include the regulation of vehicles in the harbour and provision is made for a register of all in force general directions which may be inspected during office hours at the harbour office and on the harbour website (article 4).

This Order creates an offence of failing to comply with general directions or special directions, the penalty for which is a fine on summary conviction not exceeding level 4 on the standard scale (article 8).

A defence of due diligence is available to a person charged under article 8 (article 8(2)).

The Order also provides powers in relation to the laying and licensing of moorings in the harbour (articles 13 and 14) and related offences (article 15) and borrowing (article 16).

The Order also amends the 1915 Order to revoke article 70 (provision respecting lighters employed at Orestone works) (article 17) and amends the 1950 Order to provide further clarity to the exemption relating to vessels and cargo dues contained in the First Schedule, Part V, Exemption by expressly stating the position with regard to passenger dues (article 18). In addition, the Order amends Schedule 2 of the 2005 Order to alter provisions relating to the appointment, period of office and removal of the chair and deputy chair of the Commissioners (article 19).

In addition to the standard saving provisions for the Crown and Trinity House, the Order also contains two saving provisions relating to the Dockyard Port of Plymouth and the King’s Harbour Master, making it clear that the regulations of the Dockyard Port of Plymouth and the directions of the King’s Harbour Master have priority over those given by or made by the Commissioners or their harbour master, and do not in any other way alter, prejudice or affect the jurisdiction or any rights, powers, authorities or privileges of the King’s Harbour Master (articles 12 and 22).

An impact assessment has not been prepared for this Order as there is no, or no significant, impact predicted on businesses, charities, voluntary bodies or the public sector.

An Explanatory Memorandum is available alongside the instrument on the UK legislation website, www.legislation.gov.uk.