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United Kingdom Statutory Instruments


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URL: http://www.bailii.org/uk/legis/num_reg/1988/uksi_19881947_en.html

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Statutory Instruments

1988 No. 1947

HARBOURS, DOCKS, PIERS AND FERRIES

The Falmouth (Pilotage) Harbour Revision Order 1988

Made

7th November 1988

Coming into force

8th November 1988

The Secretary of State for Transport in exercise of the powers conferred by section 14 of the Harbours Act 1964(1) and now vested in him(2) and of all other powers enabling him in that behalf, and on the application of the Falmouth Harbour Commissioners in accordance with section 7(5) of the Pilotage Act 1987(3), hereby makes the following Order:-

Citation and commencement

1. This Order may be cited as the Falmouth (Pilotage) Harbour Revision Order 1988 and shall come into force on 8th November 1988.

Interpretation

2. In this Order -

"the Commissioners" means the Falmouth Harbour Commissioners;

"the harbour" has the same meaning as in section 4 (Interpretation) of the Falmouth Harbour Act 1958(4) as amended by the Falmouth Harbour Revision Order 1985(5);

"signed plan" means the plan signed in triplicate by an Under Secretary in the Department of Transport, two copies of which have been deposited at that Department and one copy of which has been deposited at the offices of the Commissioners situated at 44 Arwenack Street, Falmouth, Cornwall, TR11 3JQ.

Extension of limits of jurisdiction for purposes of pilotage

3. The limits within which the Commissioners shall have jurisdiction for the purposes of pilotage under Part I of the Pilotage Act 1987 shall include (in addition to the harbour) the area coloured pink on the signed plan, being -

(a)so much of the area outside the harbour as lies below the level of high water between the existing seaward limit of the harbour and an imaginary line from Dodman Point to Black Head; and

(b)the tidal waters comprising St. Mawes Harbour lying north-east of the existing limit of the harbour between Castle Point and Carricknath Point.

Signed by authority of the Secretary of State

J.W.S. Dempster

An Under Secretary in the

Department of Transport

7th November 1988

Explanatory Note

(This note is not part of the Order)

By virtue of section 7(5) of the Pilotage Act 1987 a direction given by a harbour authority for the purpose of making pilotage compulsory for ships navigating in a specified area shall not apply to any area which is outside the authority's harbour unless the limits of jurisdiction of the authority for pilotage purposes have been extended to cover that area.

This Order accordingly extends the limits of jurisdiction of the Falmouth Harbour Commissioners for pilotage purposes under Part I of the Pilotage Act 1987 so as to include an area outside Falmouth Harbour in respect of which the Commissioners consider that pilotage should be compulsory.

The applicants for this Order are the Falmouth Harbour Commissioners.

(1)

1964 c. 40; section14 and Schedule 3 were amended by the Transport Act 1981 (c. 56) section 18 and Schedule 6 paragraphs 2 to 4.

(2)

S.I. 1981/238.

(5)

S.I. 1985/1678.


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URL: http://www.bailii.org/uk/legis/num_reg/1988/uksi_19881947_en.html