Marine Navigation Act 2013
In section 1 of the Pilotage Act 1987 (meaning of “competent harbour authority”) after subsection (4) insert—
For subsection (5) of that section (power to revoke or amend where circumstances change) substitute—
In subsection (7) of that section (procedure for certain orders) for “this section” substitute “ subsection (3) or (4) ”.
After subsection (8) of that section insert—
In section 1A(1) (procedure for certain orders: Scotland) after “other than subsection (4)” insert “ or (4B) ”.
In section 8(1) of the Pilotage Act 1987 (grant)—
for “the master or first mate” substitute “ a deck officer ”, and
in paragraph (a) for “master or first mate” substitute “ a deck officer ”.
In section 8(5)(a) (renewal) for “the master or first mate of a ship” substitute “ a deck officer of a ship ”.
In sections 10(3), 15(1)(b) and 20(1)(a) (pilotage charges, compulsory pilotage and boarding facilities for pilots) for “master or first mate” substitute “ deck officer ”.
“deck officer”, in relation to a ship, includes the master and first mate;
After section 8 of the Pilotage Act 1987 insert—
In section 8—
omit subsection (6) (revocation and suspension of certificates), and
in subsection (7) (notice) omit “or suspending or revoking a certificate held by any person”.
For section 15(3) of the Pilotage Act 1987 (notification by master navigating ship) substitute—
After section 40 of the Harbours Act 1964 insert—
In section 54 (orders and regulations) at the end insert—
“master”, in relation to a ship, means the person who has command or charge of the ship for the time being;
After section 17 of the Harbours Act 1964 insert—
At the end of section 44 (limitation of right to challenge orders) insert—
“closure order” has the meaning given by section 17A;
A port constable may, for policing purposes connected with the port constable's police area, act outside that area.
A port constable may act under subsection (1) only with the consent of the chief officer of police for the police area in which the port constable is acting.
Consent—
may be given in relation to a particular port constable or any description of port constables;
may be given generally for all policing purposes connected with the port constable's police area or may be limited (whether as to particular purposes, particular occasions or in any other way);
may be given subject to conditions.
When acting under subsection (1) a port constable has all the powers and privileges of a constable.
“Port constable” means—
a person appointed by virtue of provision incorporating section 79 of the Harbours, Docks, and Piers Clauses Act 1847,
a person appointed under provision made by virtue of paragraph 8 of Schedule 2 to the Harbours Act 1964, or
a person appointed under section 154 of the Port of London Act 1968 (c. xxxii).
A port constable's police area is the area in which the port constable has jurisdiction to act, ignoring—
subsection (1), and
any provision, made by or under an enactment, under which the port constable has jurisdiction to act in an area for limited purposes only.
“Policing purposes connected with the port constable's police area” means any of the following—
the prevention of the commission of offences in the port constable's police area;
the detection or investigation of offences committed in the port constable's police area;
the apprehension or prosecution of offenders in respect of offences committed in the port constable's police area;
the preservation of the peace in the port constable's police area;
the apprehension of offenders within the port constable's police area in respect of offences committed outside that area and the transport of them to police stations outside that area;
the regulation of traffic in the port constable's police area.
Nothing in this section limits the circumstances in which a port constable may act apart from this section.
In section 193 of the Merchant Shipping Act 1995 (general lighthouse authorities etc) at the end insert—
In section 255C (locating and marking wrecks)—
at the end of subsection (4) insert “ (and for this purpose a general lighthouse authority has the powers conferred by section 253 throughout their area) ”;
omit subsection (5).
In section 255F (removal in default) omit subsection (4).
After section 197 of the Merchant Shipping Act 1995 insert—
In section 197 omit subsections (8) to (11) (power to exploit spare capacity).
In section 47 of the Merchant Shipping Act 1995 (manning requirements) after subsection (4) insert—
In section 252 of the Merchant Shipping Act 1995 (c. 21) (powers of harbour and conservancy authorities in relation to wrecks) in subsection (2)(b) for “light or buoy” substitute “ mark the location of ”.
After subsection (3) of that section insert—
An amendment or repeal made by this Act has the same extent as the enactment to which it relates.
Section 7 extends to England and Wales only.
Sections 1 to 11 come into force on such day or days as the Secretary of State may by order made by statutory instrument appoint, subject to subsections (2) and (3).
Sections 5 and 6 come into force in relation to fishery harbours in Wales on such day or days as the Welsh Ministers may by order made by statutory instrument appoint.
Sections 1 to 6 come into force in Scotland on such day or days as the Scottish Ministers may by order appoint.
An order under this section—
may make provision generally or only for specified purposes,
may make different provision for different purposes, and
may include incidental or transitional provision (including savings).
This Act may be cited as the Marine Navigation Act 2013.