PART 4MISCELLANEOUS
Power to lay moorings
article 13 13.—(1) The Commissioners may provide, place, lay down, maintain, retain, renew, use or remove such moorings in the harbour as they consider necessary or desirable for the convenience of vessels—
article 13 1 a (a)on land owned or leased by them; and
article 13 1 b (b)with the consent in writing of the owner and any lessee thereof, on any other land in the harbour.
(2) The Commissioners may make reasonable charges in respect of any vessel using any moorings provided under this article.
term mooring (3) In this article and articles 14 (licensing of moorings) and 15 (offences as to moorings etc.), “mooring” includes any buoy, pile, post, chain, pillar, pontoon or like apparatus or convenience used or capable of being used for the mooring of vessels.
Licensing of moorings
article 14 14.—(1) The Commissioners may grant a licence to any person to place, lay down, maintain, retain, renew and use moorings for vessels in the harbour.
(2) A licence—
article 14 2 a (a)may be granted for such period and on such terms and conditions as the Commissioners think fit;
article 14 2 b (b)may relate to one mooring, or to several moorings.
(3) The Commissioners may make reasonable charges for the grant of a licence under this article.
(4) In respect of moorings already lawfully laid down in the harbour at the date this Order comes into force, a licence under paragraph (1) must be obtained by the owner or user of the mooring within 12 weeks of that date.
Offences as to moorings etc.
article 15 15.—(1) A person is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale if that person—
article 15 1 a (a)intentionally obstructs any person acting under the authority of the Commissioners in setting out moorings in the harbour;
article 15 1 b (b)intentionally and without lawful authority pulls up or removes any mooring or any part of any mooring in the harbour;
article 15 1 c (c)places, lays downs, maintains, retains or renews any mooring not provided under article 13 (power to lay moorings) or licensed under article 14 (licensing of moorings);
article 15 1 d (d)without reasonable excuse causes or permits a vessel to be moored in the harbour except at a mooring provided under article 13 (power to lay moorings) or licensed under article 14 (licensing of moorings) or at a quay, jetty or other work provided for the mooring of vessels;
article 15 1 e (e)without reasonable excuse causes or permits a vessel to be moored at a mooring provided under article 13 (power to lay moorings) or licensed under article 14 (licensing of moorings) which the person concerned is not entitled to use.
(2) If any person commits an offence under paragraph (1)(c) the Commissioners may remove the mooring in question and recover from that person the expenses incurred in doing so as a debt.
(3) Subject to paragraph (6), if any person commits an offence under paragraph (1)(d) or (1)(e) the Commissioners may—
article 15 3 a (a)remove the vessel, including any tackle with the vessel;
article 15 3 b (b)sell or otherwise dispose of the vessel and tackle; and
article 15 3 c (c)recover out of the proceeds of sale—
article 15 3 c i (i)any unpaid charge payable under article 13 (power to lay moorings),
article 15 3 c ii (ii)any unpaid licence fee payable under article 14 (licensing of moorings), and
article 15 3 c iii (iii)the expenses of removal and disposal under this paragraph.
(4) If the proceeds of sale under paragraph (3)(b) are sufficient to allow the Commissioners to recover all amounts permitted by paragraph (3)(c), the Commissioners must hold any surplus proceeds of sale on trust for the owner.
(5) If the proceeds of sale under paragraph (3)(b) are insufficient to allow the Commissioners to recover all amounts permitted by paragraph (3)(c), or there is no sale of the vessel, the Commissioners may recover the amounts referred to in paragraph (3)(c) net of any proceeds of sale from the owner as a debt.
(6) The Commissioners must not exercise their power to remove a vessel under paragraph (3) unless—
article 15 6 a (a)they have given to the owner seven clear days’ notice in writing of their intention to do so; or
article 15 6 b (b)it is an emergency.
(7) Where paragraph (6)(b) applies, the Commissioners must notify the owner that they have removed the vessel as soon as reasonably practicable afterwards.
Borrowing
article 16 16.—(1) The Commissioners may, for the purposes of the harbour undertaking, borrow upon the security of all or any of the harbour revenue and property and by any method or methods which they see fit such sums of money as they consider necessary.
(2) Moneys borrowed under paragraph (1) may be applied only to purposes to which capital money is properly applicable.
(3) Without limiting the scope of paragraph (2) purposes to which capital money is properly applicable are deemed to include—
article 16 3 a (a)any major works of repair or maintenance of any part of the works forming part of the harbour undertaking;
article 16 3 b (b)the payment of any interest falling due within the five years immediately following the date of the borrowing of any sum of money borrowed by the Commissioners under this article;
article 16 3 c (c)the repayment within 12 months from the date of borrowing of any sum for the time being outstanding by way of principle on any amount previously borrowed;
article 16 3 d (d)a payment relating to pensions paid or to be paid to past or present employees of the Commissioners whose employment related to the harbour undertaking or to the family or dependants of such persons.
Amendment of the 1915 Order
article 17 17.—(1) The 1915 Order is amended as follows.
(2) Omit article 70 (provision respecting lighters employed at Orestone works).
Amendment of the 1950 Order
article 18 18.—(1) The 1950 Order is amended as follows.
(2) In the First Schedule, Part V, Exemption for “and also all cargoes of such vessels unless shipped or unshipped in Cattewater Harbour shall be exempt from rates under this Order.” substitute “are exempt from rates under this Order except in relation to all cargoes of such vessels shipped or unshipped in Cattewater Harbour or all passengers embarked or disembarked in Cattewater Harbour.”.
Amendment of the 2005 Order
article 19 19.—(1) The 2005 Order is amended as follows.
(2) At each place it occurs—
article 19 2 a (a)for “chairman” substitute “chair”;
article 19 2 b (b)for “deputy chairman” substitute “deputy chair”.
(3) Omit article 13 (borrowing powers).
(4) In Schedule 2 (provisions applying to the Commissioners)—
article 19 4 a (a)in paragraph 13(1) omit “and, in the case of the chairman, from such of the Commissioners as have already served a full three year term”;
article 19 4 b (b)in paragraph 13(2)—
article 19 4 b i (i)for “one year” substitute “three years”,
article 19 4 b ii (ii)after “resigns” insert “, is removed in accordance with paragraph 16”,
article 19 4 c (c)after paragraph 15 insert—
Removal of the chair or deputy chair
16.—(1) The Commissioners may by resolution remove the chair, the deputy chair, or both of them from their position as such.
(2) A resolution under this paragraph does not have the effect of removing the chair or the deputy chair from their office as a Commissioner, but this sub-paragraph is without prejudice to any resolution under article 10 (disqualification of commissioners) declaring their office as a Commissioner to be vacant.
(3) Following the removal of the chair, the deputy chair, or both of them under this paragraph, the Commissioners must elect a new chair, or deputy chair as appropriate in accordance with paragraph 13(1) of this Schedule.”.
Notices
article 20 20.—(1) Except where this Order expressly provides otherwise a notice or other document required or authorised to be served for the purposes of this Order, or any direction given under this Order, must be in writing and must be served by first class post.
(2) Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.
(3) Where a person on whom a notice or other document is to be served has agreed in writing that service may be by email, or other electronic means, the Commissioners may provide notices by that means until such time as the person informs them in writing that they are no longer willing to receive notices or documents by email or by such other electronic means.
(4) For the purposes of section 7 of the Interpretation Act 1978(1) (references to service by post) as it applies for the purposes of this article, the proper address of a person in relation to the service on them of a notice or document under paragraph (1) is, if they have given an address for service that address, and otherwise—
article 20 4 a (a)in the case of the secretary or clerk of a body corporate, the registered or principal office of that body;
article 20 4 b (b)in any other case, their last known address at the time of service.
(5) Where for the purposes of this Order a notice or other document is required or authorised to be served on a person whose name and address cannot be ascertained after reasonable inquiry—
article 20 5 a (a)in the case of a notice or document to be served on a person as having an interest in or as the occupier of, any land, it may be served by—
article 20 5 a i (i)addressing it to them by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it), and
article 20 5 a ii (ii)either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land,
article 20 5 b (b)in the case of a notice or document relating to a vessel (including a wreck), it may be served by exhibiting it in a conspicuous position on or near the vessel (unless it would not be reasonably practicable to exhibit the notice or document in this manner or if the notice or document would not be likely to be seen if it were so exhibited) or by handing it to a member of the crew; and
article 20 5 c (c)in the case of any other notice or document or a notice or document that is not capable of being served in accordance with sub-paragraph (b) it may be served by displaying it at the harbour office for the period of its duration.